Title 1 — STATE AFFAIRS AND GOVERNMENT

The South Dakota Legislature, being aware of the impact of culture on a stable economy, desires to stimulate, encourage, and give recognition and assistance to the arts which, in order to grow and flourish, depend upon freedom, imagination and individual initiative. While the dev…

Any state building constructed, remodeled or renovated after December 31, 1989, shall include works of art for public display. Sections 1-22-9 to 1-22-17 , inclusive, do not apply to projects less than one hundred thousand dollars or to projects where the primary purpose is to re…

A special revolving fund is established within the state treasury to be known as the art for state buildings fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of tourism and shall …

The council shall administer §§ 1-22-9 to 1-22-17 , inclusive. The council shall make an annual report to the Legislature of all activity under §§ 1-22-9 to 1-22-17 , inclusive. Source: SL 1989, ch 14 , § 4; SL 2009, ch 1 , § 118.

The council shall keep an inventory of the works of art acquired pursuant to §§ 1-22-9 to 1-22-17 , inclusive. It shall also periodically review and examine such artwork, reporting to the Legislature when restoring, repairing, or replacing any work of art is necessary. Source: SL…

Artists to create works of art and works of art to be acquired pursuant to §§ 1-22-9 to 1-22-17 , inclusive, shall be selected by the council, with the advice of a panel specifically chosen for each project, pursuant to procedures, promulgated pursuant to chapter 1-26 , establish…

The acquisition of art under §§ 1-22-9 to 1-22-17 , inclusive, is exempt from all state bidding requirements. Source: SL 1989, ch 14 , § 7.

The state shall receive the rights to sole ownership and public display of all art acquired under §§ 1-22-9 to 1-22-17 , inclusive, subject to the following rights retained by the artist: (1) The right to claim authorship of the work of art; (2) The right to have the artist's nam…

Nothing in §§ 1-22-9 to 1-22-17 , inclusive, may be construed as precluding the placement or purchase of other works of art. Nor may anything in §§ 1-22-9 to 1-22-17 , inclusive be construed as precluding the use of ornamental detailing, or other architectural, functional, or str…

There is created a South Dakota State Arts Council composed of eleven members appointed by the Governor. The members of the council shall be chosen to the extent practicable as representative of all the state's major art forms including instrumental and vocal music, dance, drama,…

The term of office of members of the State Arts Council is three years. The terms shall be staggered so that terms of four members expire on consecutive years and the terms of three members expire every three years. Any person appointed to fill the unexpired term of another appoi…

The per diem and expenses of members of the council shall be paid out of funds appropriated for the council on warrants drawn by the state auditor upon itemized vouchers approved by the chair of the state arts council. Source: SL 1966, ch 183 , § 7 as added by SL 1968, ch 240 ; S…

The arts council shall continue, with all its functions, in the Department of Tourism. The secretary of the Department of Tourism shall perform the functions formerly exercised by the former secretary of the Department of Tourism and State Development, relating to the arts counci…

The arts council shall choose from its membership a chair, vice-chair, secretary, and treasurer. Source: SL 1966, ch 183 , § 3; SL 2009, ch 1 , § 112.

The arts council shall meet at the call of the chair and as often as necessary to perform its duties. A majority of the members constitutes a quorum and may act on any matter falling within the scope of the council's activities. The council shall keep complete minutes of its meet…

The powers and duties of the council are: (1) To promote, stimulate, encourage, recognize, and assist the arts in every way possible; (2) To conduct research and provide a plan for the development of the arts in the State of South Dakota; (3) To coordinate activities of the feder…

The secretary of the Department of Tourism shall, subject to the approval of the Governor, appoint an executive director of the arts council, to serve at the pleasure of the secretary. The council shall provide such supplies and equipment as may be necessary. Source: SL 1966, ch …

This chapter may not be construed to provide control by the council over the content or expression of any of the art forms. Source: SL 1966, ch 183 , § 6; SL 1985, ch 12 , § 8.

There is created the office of poet laureate of South Dakota. The Governor shall appoint the poet laureate to serve at the pleasure of the Governor. No person is eligible for the appointment unless the person is a resident of this state. No person may be appointed unless such per…

The South Dakota Arts Council shall promulgate rules, pursuant to chapter 1-26 , for the administration of the arts program supported by federal or state funds. The rules shall include eligibility requirements, application and appeal procedures, conditions for acceptance, and the…

Terms used in §§ 1-22-9 to 1-22-17 , inclusive, mean: (1) "Acquisition," includes acquisition by purchase, lease, or commission; (2) "Architect," any person or firm retained to design or prepare plans or specifications for any part of the public construction project, including la…