Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-53-1 Governor's Office of Economic Development created--Commissioner as head
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There is hereby created a Governor's Office of Economic Development within the Department of Executive Management. The head of the Governor's Office of Economic Development is the commissioner of the Governor' s Office of Economic Development who shall be appointed and serve purs…
SDCL § 1-53-10 Economic Development Finance Authority transferred
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The Economic Development Finance Authority created by Chapter 1-16B and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perfo…
SDCL § 1-53-11 South Dakota Ellsworth Development Authority transferred
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The South Dakota Ellsworth Development Authority created by chapter 1-16J and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of t…
SDCL § 1-53-12 Office of Research Commerce transferred
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The Office of Research Commerce and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Developme…
SDCL § 1-53-13 South Dakota Science and Technology Authority transferred
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The South Dakota Science and Technology Authority created by chapter 1-16H and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of …
SDCL § 1-53-14 Repealed by SL 2015, ch 7 , § 3
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1-53-15 Small business credit initiative fund. 1-53-16 Acceptance or expenditure of funds reported in informational budget. 1-53-17 Deposits into and expenditures from small business credit initiative fund. 1-53-18 Property given as security for loan. 1-53-19 Confidentiality of c…
SDCL § 1-53-15 Small business credit initiative fund
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There is established within the state treasury a fund to be known as the small business credit initiative fund for the purpose of making loans for economic development as permitted by 12 U.S.C. Chapter 54 (2021). Source: SL 2012, ch 15 , § 1; SL 2022, ch 6 , § 1.
SDCL § 1-53-16 Acceptance or expenditure of funds reported in informational budget
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For the purposes of §§ 1-53-15 to 1-53-19 , inclusive, the Board of Economic Development may accept, expend, or loan any funds previously received or to be obtained from federal sources and any funds to be obtained from gifts, contributions, or any other source if such acceptance…
SDCL § 1-53-17 Deposits into and expenditures from small business credit initiative fund
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Any repayment of loans and interest thereon must be receipted into the small business credit initiative fund and expended by the Board of Economic Development for the following purposes: (1) The payment of administrative costs as permitted pursuant to 2 C.F.R Part 200 Subpart E, …
SDCL § 1-53-18 Property given as security for loan
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The Board of Economic Development may take title by foreclosure or transfer in lieu of foreclosure to any property given as security if the acquisition is necessary to protect or collect any small business credit initiative loan and may sell, transfer, or convey any such property…
SDCL § 1-53-19 Confidentiality of certain information concerning small business credit initiative loans
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The deliberations of the Board of Economic Development concerning small business credit initiative loans are confidential and are exempt from public disclosure. Any documentary material or data made or received by the Board of Economic Development or the Governor's Office of Econ…
SDCL § 1-53-2 Functions transferred
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The Governor's Office of Economic Development referenced in chapter 1-52 and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of th…
SDCL § 1-53-20 Criminal background investigation of new employees--Temporary employment--Fees
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Each person hired as an employee at the Governor's Office of Economic Development, whose primary duties include access to financial account numbers of financial assistance applicants or who have the authority to authorize grants, loans, or other financial assistance shall submit …
SDCL § 1-53-21 Farm link program established
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The farm link program is hereby established and shall be administered by the Governor's Office of Economic Development and the South Dakota Cooperative Extension Service. Under the program, the Governor's Office of Economic Development shall create a directory of prospective begi…
SDCL § 1-53-22 Promulgation of rules governing farm link program
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The Governor's Office of Economic Development shall promulgate rules pursuant to chapter 1-26 to administer the farm link program established pursuant to §
SDCL § 1-53-23 Commissioner of Governor's Office of Economic Development as state official to receive rural rehabilitation trust assets
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The commissioner of the Governor's Office of Economic Development is hereby designated as the state official of the State of South Dakota to make application to and receive from the secretary of agriculture of the United States, or any other proper federal official, pursuant and …
SDCL § 1-53-24 Agreements for administration of trust assets by federal government
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized to enter into agreements with the secretary of agriculture of the United States pursuant to section 2(f) of the aforesaid act of the Congress of the United States, …
SDCL § 1-53-25 Deposit of trust assets with state treasurer--Purposes for which used
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Notwithstanding any other provision of law, funds and the proceeds of the trust assets which are not authorized to be administered by the secretary of agriculture of the United States under the provisions of § 1-53-24 must be received by the commissioner of the Governor's Office …
SDCL § 1-53-26 Compromise, adjustment, and collection of claims and obligations
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to collect, compromise, adjust, or cancel claims and obligations arising out of or administered under §§ 1-53-23 to 1-53-37 , inclusive, or under any …
SDCL § 1-53-27 Purchase and acquisition of property securing indebtedness
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to bid for and purchase at any execution, foreclosure, or other sale, or otherwise to acquire property upon which the commissioner has a lien by reaso…
SDCL § 1-53-28 Operation, lease, and disposition of property purchased or acquired
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to accept title to any property purchased or acquired pursuant to § 1-53-27 ; to operate or lease such property for such period as may be deemed neces…
SDCL § 1-53-29 Investment, transfer, and sale of securities and obligations--Purposes
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to negotiate, renegotiate, invest, reinvest, transfer, and sell securities, notes, bonds, mortgages, and other obligations, including funds and the pr…
SDCL § 1-53-3 Purpose of Governor's Office of Economic Development
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The Governor's Office of Economic Development shall forge a private-public partnership among state government, local communities, higher education, and the private sector to create jobs that create goods and services for use within the state and for export outside the state, whic…
SDCL § 1-53-30 Promulgation of rules for disposition of claims and administration of trust
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The commissioner of the Governor's Office of Economic Development, in compliance with the provisions of chapter 1-26 , shall promulgate rules for disposition of claims and administration of trust assets authorized under §§ 1-53-23 to 1-53-37 , inclusive, including all loan progra…
SDCL § 1-53-31 Powers delegated to secretary of agriculture of United States
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The authority contained in §§ 1-53-26 to 1-53-29 , inclusive, may be delegated to the secretary of agriculture of the United States with respect to funds or assets authorized to be administered and used by him under agreements entered into pursuant to §
SDCL § 1-53-32 United States held free from liability
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The United States and the secretary of agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the commissioner of the Governor's Office of Economic Development pursuant to §§ 1-53-23 to 1-53-37 , inclusive. Source: SL 1951, ch 4 , § 6; S…
SDCL § 1-53-33 Severability of provisions
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If any provision of §§ 1-53-23 to 1-53-37 , inclusive, or the application thereof to any person or circumstances, is held invalid, the remainder of §§ 1-53-23 to 1-53-37 , inclusive, and the application of such provision to other persons or circumstances, shall not be affected th…
SDCL § 1-53-34 Value added agriculture subfund created
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There is created within the rural rehabilitation fund created in § 1-53-23 , the value added agriculture subfund. The purpose of the subfund created by this section is to make grants or loans for agricultural development, feasibility studies, or marketing. Source: SL 2013, ch 192…
SDCL § 1-53-35 Value added agriculture subfund administration
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The Board of Economic Development shall administer the value added agriculture subfund, and make grants or loans from the value added agriculture subfund. The value added agriculture subfund shall be used to develop and promote value added agriculture in South Dakota including th…
SDCL § 1-53-36 Earnings on value added agriculture subfund
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Earnings on the value added agriculture subfund may be used by the Governor's Office of Economic Development for the administrative costs of this program. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouche…
SDCL § 1-53-37 Promulgation of rules--Value-added agriculture subfund
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In connection with the administration of the value added agriculture subfund, the Board of Economic Development may, pursuant to chapter 1-26 , promulgate rules the board determines are necessary to implement the purposes of §§ 1-53-34 to 1-53-36 , inclusive, including: (1) Setti…
SDCL § 1-53-38 South Dakota Certified Beef Program
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Sections 1-53-38 to 1-53-47 , inclusive, shall be cited as the South Dakota Certified Beef Program Act of 2005. Source: SL 2005, ch 218 , § 1, eff. Mar. 8, 2005; SDCL § 39-24-1 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 59, eff. Apr. 14, 2019.
SDCL § 1-53-39 Beef products produced by registered participants in compliance with requirements authorized for sale as South Dakota Certified Beef
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Only beef products, whether live animals or finished consumer products, which have been produced by registered participants in full compliance with all the applicable requirements of §§ 1-53-38 to 1-53-47 , inclusive, may be certified, identified, classified, packaged, labeled, o…
SDCL § 1-53-4 Functions of Governor's Office of Economic Development
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The Governor's Office of Economic Development shall perform the following functions to seek new employment opportunities, strengthen existing employment opportunities, and spawn new and innovative economic development opportunities: (1) To attract to South Dakota those business e…
SDCL § 1-53-40 Authority of Governor's Office of Economic Development--Program requirements and operation
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The commissioner of the Governor's Office of Economic Development may establish quality protocols, guidelines, program requirements, license fees, and license requirements and operate, supervise, and control the South Dakota Certified beef program. Source: SL 2005, ch 218 , § 3, …
SDCL § 1-53-41 Use of mark, copyright, or label--Violation as felony
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The use of any certification mark, trademark, service mark, copyright, or label of the South Dakota Certified beef program shall be in accordance with the terms and conditions of a valid license issued by the commissioner. A violation of this section is a Class 6 felony. Source: …
SDCL § 1-53-42 Confidential information--Exception
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Any data or financial information made or received by the commissioner of the Governor's Office of Economic Development pursuant to §§ 1-53-38 to 1-53-47 , inclusive, is not public record and is exempt from the provisions of §
SDCL § 1-53-43 Promulgation of rules on certified beef program
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The commissioner of the Governor's Office of Economic Development may by rule promulgated pursuant to chapter 1-26 , prescribe the following: (1) Qualifications or conditions for using any intellectual property right, mark, or label of the South Dakota Certified beef program; (2)…
SDCL § 1-53-44 Enforcement by court action--Injunctive relief
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In addition to any other remedy provided by law, the commissioner may proceed by suit in any court of competent jurisdiction to enforce the terms and provisions of §§ 1-53-38 to 1-53-47 , inclusive, and of any license issued pursuant to §§ 1-53-38 to 1-53-47 , inclusive. The comm…
SDCL § 1-53-45 Revocation of license
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In addition to any other remedy provided by law, the commissioner may revoke a license for cause pursuant to chapter 1-26 . Source: SL 2005, ch 218 , § 8, eff. Mar. 8, 2005; SDCL § 39-24-8 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 65, eff. Apr. 14, 2019.
SDCL § 1-53-46 Agency cooperation to develop, administer, and market certified beef program
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The secretary of agriculture and natural resources and the commissioner of the Governor's Office of Economic Development shall consult and cooperate, and shall exchange such services, personnel, and information as are necessary and appropriate in order to develop, administer, and…
SDCL § 1-53-47 South Dakota Certified beef fund--Deposits and expenditures
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There is hereby created within the state treasury the South Dakota Certified beef fund, into which all license fees, inspection fees, and other fees or revenues paid to the state from the operation of the South Dakota Certified beef program shall be deposited. All moneys in the f…
SDCL § 1-53-5 Information received by Governor's Office of Economic Development--When open to public inspection--Copies
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All information received by the Governor's Office of Economic Development shall be open to public inspection if it appears to the commissioner that such inspection may assist in carrying out or furthering the purposes of the office, except if the provider of such information requ…
SDCL § 1-53-6 Confidentiality of certain information
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The commissioner shall maintain the confidentiality of any information given to GOED or the Economic Development Finance Authority, the South Dakota Development Corporation, and the Board of Economic Development. Source: SL 1988, ch 17 , § 4; SL 2005, ch 10 , § 18; SDCL § 1-33-19…
SDCL § 1-53-7 Contributions to Governor's Office of Economic Development--Special revenue fund--Use and disbursements
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The Governor's Office of Economic Development may accept private contributions to supplement other money received by it. Contributions received shall be deposited with the state treasurer and in a fund known as the Governor's Office of Economic Development special revenue fund, w…
SDCL § 1-53-8 Board of Economic Development transferred
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The Board of Economic Development created by Chapter 1-16G and its functions are transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department o…
SDCL § 1-53-9 South Dakota Housing Development Authority transferred
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The South Dakota Housing Development Authority created by chapter 11-11 , and its functions in the former Department of Tourism and State Development is transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development…