28 chapters · 329 sections in this title.
SDCL § 28-18-17 Rentals and charges established by municipality--Expenses and bond retirement covered by revenues
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The governing body of each municipality issuing bonds under § 28-18-7 shall have the authority, and it shall be its duty, to establish and collect reasonable rentals or charges for the use and occupancy of and for the services furnished at such facilities. Such rentals and charge…
SDCL § 28-18-17.1 Lease - purchase agreements authorized--Pledge of facility and net earnings to payment of bonds and interest
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The governing body of each municipality shall have the power to enter into lease - purchase agreements for a term not to exceed the maturity of the bonds issued under § 28-18-7 by ordinance with any person, firm, or corporation for such facilities. Such lease - purchase agreement…
SDCL § 28-18-18 Operational expenses paid from special fund--Appropriations for payment of bonds
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From the fund created pursuant to § 28-18-14 shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the facilities, and the revenues remaining in said fund from time to time after payment of such expenses shall be ap…
SDCL § 28-18-19 Findings and determinations binding on municipality
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The findings and determinations authorized in §§ 28-18-7 to 28-18-18 , inclusive, shall constitute binding representations, recitals, and covenants of each municipality issuing revenue bonds hereunder to and with the purchasers and holders of all such bonds. Source: SL 1963, ch 2…
SDCL § 28-18-2 Area of operation of nonprofit corporation--Control by board of directors
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Such nonprofit corporations may operate over an area of one or more counties. Direction and control of such corporations shall be exercised by a board of directors, selected as provided by law for such corporations. Source: SL 1953, ch 302 , § 1; SDC Supp 1960, § 27.1209.
SDCL § 28-18-20 Severability of provisions
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If any provision of §§ 28-18-7 to 28-18-19 , inclusive, or any resolution or resolutions authorizing the issuance of bonds pursuant to said sections, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall n…
SDCL § 28-18-3 Self - liquidating bonds issued by nonprofit corporation
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Such board of directors may issue self - liquidating bonds for the purpose of constructing or equipping necessary facilities for the purposes of the corporation. Source: SL 1953, ch 302 , § 1; SDC Supp 1960, § 27.1209.
SDCL § 28-18-4 Cooperation and contributions of private and public agencies accepted by nonprofit corporation--Charges and conditions for admission
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In the operation of such nonprofit corporation, the cooperation and assistance of private individuals and charitable organizations may be utilized and the contributions of private or public agencies may be accepted. The board of directors shall have power to fix the charges and c…
SDCL § 28-18-5 Lease of property to nonprofit corporation by Department of Social Services
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The Department of Social Services may lease any property under its jurisdiction, suitable for the establishment of such homes for the aged to any corporation or charitable organization that could qualify to the provisions of §§ 28-18-1 to 28-18-4 , inclusive. Source: SL 1953, ch …
SDCL § 28-18-6 County and municipal contributions to nonprofit corporations--Maximum--Appropriation from general fund
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The boards of county commissioners of the several counties and the governing bodies of municipalities of this state, may, in their discretion, contribute sums of money annually not to exceed twenty thousand dollars per annum to nonprofit self - sustaining corporations formed for …
SDCL § 28-18-7 Municipal revenue bonds authorized for establishment and operation of facilities for the aged
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Any municipality may issue revenue bonds to provide funds for the purpose of acquiring, constructing, improving, operating, and maintaining municipal hospitals, nursing homes, retirement homes, or related institutions for the care of the aged or for the purpose of refunding outst…
SDCL § 28-18-8 Authorization, issuance, and sale of bonds
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All bonds shall be authorized, issued, and sold as provided in chapter 6-8B and §
SDCL § 28-18-9 Municipal revenue bonds payable solely from revenues--Credit and taxing power not pledged--Indebtedness not within constitutional limits
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Such revenue bonds shall be payable solely from and shall constitute a lien upon the gross revenues derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body i…
SDCL 9-54-12
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Source: SL 1963, ch 286 , § 1; SL 1984, ch 43 , § 105.
SDCL § 28-20-1 Imposition of lien for overpayment or certain overdue family, spousal, or child support obligations
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The Department of Social Services may impose a lien upon the real and personal property of any person who is a resident of or owns property in this state, and who is receiving or has received assistance from or through the department and has received an overpayment or overissuanc…
SDCL § 28-20-2 Determination of debt--Notice of lien--Priority
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The Department of Social Services, upon a judicial determination of debt, or an administrative determination of debt under chapter 25-7A , may file a notice of lien pursuant to chapter 44-2 . The priority of this lien shall be established as of its date of filing. Source: SL 1984…
SDCL § 28-20-3 Motor vehicles--Notation on certificate of title--Priority
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A notice of lien filed under § 28-20-2 shall be a lien against any motor vehicle as defined by § 32-3-1 , which is registered individually or jointly in the name of the debtor. The register of deeds shall note the lien upon any certificate of title as provided in §
SDCL § 28-20-4 Register of deeds not entitled to fee
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The register of deeds is not entitled to any fee for registering or filing a lien under this chapter. Source: SL 1984, ch 206 , § 4.
SDCL § 28-21-1 Definitions
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Terms used in this chapter mean: (1) "ABLE savings program," a qualified savings program established under section 529A of the Internal Revenue Code, 26 U.S.C. 529A; (2) "Council," the South Dakota Investment Council. Source: SL 2016, ch 149 , § 1.
SDCL § 28-21-2 Determination of eligibility or amount of state or local benefits for ABLE savings program beneficiary
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When determining the eligibility or amount of benefits to be received by a designated beneficiary of an ABLE savings program, a state or local agency may not consider a contribution to an account in a qualified ABLE savings program, earnings on the contribution, or a distribution…
SDCL § 28-21-3 Information about ABLE savings programs
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The council may provide information about ABLE savings programs to residents of this state. The state investment officer and the employees of the Division of Investment may assist the council in carrying out its duties under this chapter. Source: SL 2016, ch 149 , § 3.
SDCL § 28-21-4 ABLE accounts not guaranteed
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Nothing in this chapter creates any obligation of the council, the state, state investment officer, the Division of Investment, or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to the return of …
SDCL § 28-21-5 Immunity from liability
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The council, each council member, the state investment officer, and each employee of the Division of Investment personally is immune from any and all liability for actions taken in good faith in the discharge of the council's responsibilities under this chapter. Source: SL 2016, …
SDCL § 28-22-1 Rate-setting methodology for services
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The Department of Social Services and the Department of Human Services shall jointly establish a rate-setting methodology for services delivered by community-based health and human services providers. Each category of service shall undergo a comprehensive rate modeling analysis a…
SDCL § 28-22-2 Information for rate modeling analysis--Public record
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Rate modeling analysis shall include a review of current cost report data, specific service delivery and staffing requirements, training and fidelity standards associated with related service models, current market factors, and current and impending state and federal policies tha…
SDCL § 28-22-3 Rate modeling to include each service category
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Rate modeling analyses shall be an inclusive work group process including providers representing each service category under review. Source: SL 2017, ch 122 , § 3.
SDCL § 28-22-4 Adjustment of rate determination
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Rate determination resulting from rate modeling analyses utilizing historical cost report information shall be adjusted in a manner to be applied in a prospective fashion subject to federal requirements. Source: SL 2017, ch 122 , § 4.
SDCL § 28-22-5 Annual report to Governor and Legislature
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The department shall report any rate variance to the Governor and to the Legislature on an annual basis in conjunction with annual budget hearings. Source: SL 2017, ch 122 , § 5.
SDCL § 28-22-6 Application of chapter
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This chapter applies to all state funded services, including federal funding, Medicaid and block grant fund sources, state general funds, and other funds allocated by the Department of Social Services or the Department of Human Services, that are provided by the following types o…