88 chapters · 1,826 sections in this title.
SDCL § 1-24-1 Definition of terms
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Terms used in this chapter mean: (1) "Participating public agency," any public agency which has elected to participate in a pool arrangement; (2) "Public agency," any county, municipality, township, school district, consumers power district or drainage district of the State of So…
SDCL § 1-24-10 Severability of provisions
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If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid appli…
SDCL § 1-24-11 Pool arrangement defined
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For the purposes of §§ 1-24-11 to 1-24-17 , inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, by …
SDCL § 1-24-12 Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity
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The provisions of this chapter are applicable to and authorize and establish the enforceability and validity of pool arrangements entered into by participating public agencies to provide for payment of valid claims against participating public agencies and their officers and empl…
SDCL § 1-24-13 Resolution or ordinance authorizing payment of premiums pursuant to pool arrangement--Payment
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If a public agency participates in a pool arrangement which is funded by the health and educational facilities authority pursuant to § 1-24-14 , then the obligation to pay premiums and other amounts pursuant to such pool arrangement shall be sufficiently authorized and evidenced …
SDCL § 1-24-14 Funding arrangements with health and educational facilities authority
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Any public agency may enter into one or more pool arrangements with other public agencies and may enter into funding arrangements with the health and educational facilities authority and other public agencies, including agreements pursuant to which a public agency agrees to pay p…
SDCL § 1-24-15 Agreements for investment of public moneys
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Any public body or participating public agency may enter into agreements or other arrangements for the investment of public moneys or other funds with the authority under the provisions of § 1-16A-19 so long as the agreement or other arrangement relates to a loan, lease or other …
SDCL § 1-24-16 Election when agreement pledges full faith and credit of public agency
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The election provisions of chapter 6-8B apply if a public agency issues any obligation or enters into any agreement in connection with a pool arrangement which includes an express pledge of the full faith and credit of the public agency and, in support thereof, a specific irrepea…
SDCL § 1-24-17.1 Annual audit of pooling arrangement financial statements--Filing with Department of Legislative Audit--Availability to public
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Each pool arrangement, as defined in § 1-24-11 , shall have an annual audit of its financial statements conducted in accordance with generally accepted government auditing standards. A copy of the audited financial statements shall be filed with the Department of Legislative Audi…
SDCL § 1-24-19 Political subdivisions authorized to form separate administrative or legal entity
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Notwithstanding the provisions of Titles 7, 9, and 13, two or more political subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to establish an administrative or separate legal entity upon a motion approved by a majority vote of all participa…
SDCL § 1-24-2 Joint exercise of powers authorized--Exceptions
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Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state and jointly with any public agency of any other state or of the United States to the ext…
SDCL § 1-24-20 Reciprocal interstate agreements for purpose of law enforcement
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Any two or more public agencies with law enforcement powers may enter into reciprocal interstate agreements to allow their respective certified law enforcement officers to cross state lines to provide assistance to the requesting agency. Source: SL 1997, ch 9 , § 1.
SDCL § 1-24-21 Liability of law enforcement officers acting in reciprocal capacity
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Any certified law enforcement officer acting under a reciprocal interstate law enforcement agreement shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction and shall have the same authority as any other certified la…
SDCL § 1-24-22 Agreements of parties to an interstate law enforcement agreement
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In addition to the other requirements in chapter 1-24 , the parties to an interstate law enforcement agreement shall agree to the following: (1) That all law enforcement officers subject to the agreement shall be trained and certified as law enforcement officers in accordance wit…
SDCL § 1-24-23 Approval of Governor required for reciprocal agreements
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All reciprocal interstate law enforcement agreements must be approved by the Governor. Source: SL 1997, ch 9 , § 4.
SDCL § 1-24-24 Agreement with Indian tribe regarding high school equivalency test administered on Indian reservation
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The Governor of the State of South Dakota is hereby authorized to enter into an agreement under the provisions of this chapter with any federally recognized Indian tribe. The purpose of any agreement entered into pursuant to this section is to allow the Indian tribes to select th…
SDCL § 1-24-25 Term of agreement regarding high school equivalency test--Renewal
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Any agreement reached pursuant to § 1-24-24 shall be for a term not to exceed five years. An agreement, however, is renewable upon expiration by the mutual consent of the parties. Source: SL 2016, ch 8 , § 2.
SDCL § 1-24-3 Agreements for cooperative action authorized--Approval by governing bodies
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Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of §§ 1-24-2 to 1-24-9 , inclusive. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the parti…
SDCL § 1-24-4 Contents of agreement
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Any such agreement shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created; (3) Its …
SDCL § 1-24-5 Provisions for control agency and property
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In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to the items enumerated in § 1-24-4 , contain the following: (1) Provision for an administrator or a joint board responsibl…
SDCL § 1-24-6 Agreements to be approved by state agency
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In the event that an agreement made pursuant to §§ 1-24-2 to 1-24-9 , inclusive, shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the ag…
SDCL § 1-24-6.1 Agreements filed with attorney general and Legislative Research Council--Time
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A copy of any agreement entered into pursuant to this chapter to which any state agency is a party shall be filed with the attorney general and the Legislative Research Council not more than fourteen days after being executed. Source: SL 1975, ch 14 , § 2; SL 1976, ch 13 ; SL 198…
SDCL § 1-24-7 Appropriation of funds and services to carry out agreement
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Any public agency entering into an agreement pursuant to §§ 1-24-2 to 1-24-9 , inclusive, may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undert…
SDCL § 1-24-8 Contracts for service by public agencies
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Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which any public agency entering into the contract is authorized by law to perform; provided, however, that such contract shall be…
SDCL § 1-24-9 Agencies not relieved from obligations by agreement
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No agreement made pursuant to §§ 1-24-2 to 1-24-8 , inclusive, shall relieve any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity cr…