Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS
34 chapters · 628 sections in this title.
SDCL § 5-26-1 Definitions
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Terms used in this chapter mean: (1) "Agency," each association, authority, board, branch, commission, committee, council, department, division, office, officer, system, task force, or other agent of the state government vested with the authority to exercise any portion of the st…
SDCL § 5-26-2 Deadlines for payments
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An agency which acquires property or services pursuant to a contract with a business shall pay for each complete delivered item of property or service on the date required by contract between the business and agency or, if no date for payment is specified by contract, within fort…
SDCL § 5-26-3 Interest on overdue payments--Rate
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Any proper invoice not paid within forty-five days shall accrue interest beginning on the thirtieth day after receipt of property or service and receipt of the invoice covering the delivered items or services. Interest shall accrue and be charged on any payment overdue under § 5-…
SDCL § 5-26-3.1 Payment of less than five dollars in interest prohibited
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No agency is required to pay interest due because of late payment if the interest is less than five dollars. Source: SL 1985, ch 45 , § 5; SL 1988, ch 59 , § 3.
SDCL § 5-26-4 Additional appropriations for interest prohibited
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An agency may not seek additional appropriations to pay interest which accrues as a result of its failure to make timely payments required by §
SDCL § 5-26-5 Disputed payments exempt--Notice of dispute required
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No interest accrues under this chapter if an agency's failure to timely pay interest required by § 5-26-3 is the result of a dispute between the agency and the business over the amount due or over compliance with the contract. In case of dispute, the agency shall, within thirty d…
SDCL § 5-26-6 Time for payments to subcontractors and suppliers--Interest on overdue amounts--When payments due
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Upon payment by an agency, a business that has acquired under contract, property or services in connection with the business's contract with the agency from a subcontractor or supplier, shall pay the subcontractor or supplier within thirty days after receiving payment from the ag…
SDCL § 5-26-7 Citation of chapter
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This chapter may be cited as the South Dakota Prompt Payment Act. Source: SL 1984, ch 41 , § 7.
SDCL § 5-26-8 Exemptions of transactions between government agencies
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The provisions of this chapter do not apply to transactions between government agencies unless otherwise authorized by statute. Source: SL 1985, ch 45 , § 4.