Title 5, PUBLIC PROPERTY, PURCHASES AND CONTRACTS

No money appropriated by the state may be expended for the erection of any building upon land not previously owned by the state before title thereto has conveyed to the state by a deed duly executed and acknowledged, granting the title in fee, clear of all encumbrances, without a…

No state building may be designed or constructed for the permanent housing of human beings that is not fire resistant. This section does not apply to the use of buildings constructed or renovated prior to July 1, 2007, or to one-family or two-family dwellings used for employees' …

The standards and specifications set forth in § 5-14-13 apply to all buildings and facilities used by the public which are constructed in whole or in part by the use of state, county, or municipal funds, or the funds of any political subdivision of the state. All such buildings a…

The minimum standards required by § 5-14-12 are set forth in the Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities published by the U.S. Architectural and Transportation Barriers Compliance Board, August 1992. Source: SL 1965, ch 312 , § 2; SL …

All public buildings and facilities providing facilities for the wheelchair user, including entrance and exit facilities, shall display at all entrances the internationally recognized symbol for wheelchair users. Source: SL 1971, ch 30 ; SL 2011, ch 2 , § 42.

The administrator in charge of, and authorized to contract for, new construction, remodeling, alteration, or addition on behalf of the political subdivision involved shall enforce the provisions of §§ 5-14-12 and 5-14-13 . Source: SL 1965, ch 312 , § 3; SL 1975, ch 53 , § 2; SL 2…

Each department or agency of state government operating and maintaining an electrical energy producing plant may enter into a contract with the United States of America for the purchase of electrical energy. The contract may include stipulations that the generation of electrical …

Any person who intentionally burns, destroys, or injures any public building or improvement in this state is punishable as provided in § 22-34-1 . Source: PenC 1877, § 513; CL 1887, § 6714; RPenC 1903, § 535; RC 1919, § 3829; SDC 1939, § 13.1309; SL 1980, ch 24 , § 69; SL 2011, c…

The state auditor shall, upon approval of the commissioner of human resources and administration, pay claims for special assessments or interest and penalties thereon for improvements on property of the state, its agencies, institutions, or instrumentalities. Source: SL 1970, ch …

The construction of all capital improvements projects as defined in § 5-14-1 of state agencies, boards, commissions, and institutions are under the general charge and supervision of the Bureau of Human Resources and Administration as provided in this chapter. Funds appropriated s…

Payments for special assessments provided for in § 5-14-19 shall be disbursed by warrant, drawn by the state auditor upon duly itemized vouchers, approved by an authorized agent of the department whose property is affected. Source: SL 1970, ch 34 , § 2.

The state may lease or sell on a negotiated basis and convey any of its real property to a municipality or county, or to a nonprofit local industrial development corporation as defined by § 5-14-23 and located therein, to be used by such grantee for an authorized public purpose o…

For the purposes of § 5-14-22 , the term, local industrial development corporation, is an enterprise incorporated under the laws of the State of South Dakota, formed for the purpose of furthering the economic development of a community and its environs, and with authority to prom…

The Bureau of Human Resources and Administration has general charge and supervision of the design and construction of all state buildings, power and heating plants, heating, cooling, and air-conditioning systems, water supply, fire protection, sewerage and sewage disposal systems…

There is hereby established within the Bureau of Human Resources and Administration the state-wide maintenance and repair fund. The bureau shall administer the fund and maintain it separately in order to conduct maintenance and repair on state-owned buildings pursuant to this cha…

The Bureau of Human Resources and Administration may accept and expend for the purpose of § 5-14-17 any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10 . Source: SL 1994, ch…

Terms used in this section and §§ 5-14-33 to 5-14-38 , inclusive, mean: (1) "High-performance green building standard," a building that is designed and constructed in a manner that achieves at least: (a) A certified rating under the United States Green Building Council's Leadersh…

New construction, as defined in § 5-14-1 , must, in good faith, be designed with the intention of meeting or exceeding the high-performance green building standard that was in effect when the construction was registered with the rating system. Before construction begins, the Bure…

A waiver of the requirements of § 5-14-33 may be granted by the Bureau of Human Resources and Administration if: (1) The building will have minimal human occupancy; (2) The increased costs of achieving a high-performance green building standard cannot be recouped from decreased o…

No new construction may proceed until the Bureau of Human Resources and Administration has determined that the construction is satisfactorily designed to meet the requirements of § 5-14-33 . Source: SL 2008, ch 30 , § 4; SL 2021, ch 31 , § 4; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, …

Upon completion of any new construction, the Bureau of Human Resources and Administration shall certify that the new construction met the requirements of § 5-14-33 . Source: SL 2008, ch 30 , § 5; SL 2021, ch 31 , § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

The Bureau of Human Resources and Administration shall annually report to the Legislature a listing of any new construction that was granted a waiver or that failed to meet the requirements of § 5-14-33 . Source: SL 2008, ch 30 , § 6; SL 2021, ch 31 , § 6; SL 2024, ch 1 (Ex. Ord.…

The Bureau of Human Resources and Administration shall promulgate rules, in accordance with chapter 1-26 , to establish the method for calculating the initial costs and the decreased operational costs related to achieving high-performance green building standards. Source: SL 2008…

There is hereby established in the state treasury the property and casualty captive insurance company fund. The Bureau of Human Resources and Administration may enter into an agreement with a captive insurance company for the management of the company's funds. Money in this fund …

The Bureau of Human Resources and Administration shall review and approve all agreements with any architect or consulting engineer for the preparation of new construction plans and cost estimates. Source: SL 1965, ch 255 , § 4; SL 1967, ch 262 , § 3; SL 1994, ch 51 , § 1; SL 2024…

There is hereby established in the state treasury the liability captive insurance company fund. The Bureau of Human Resources and Administration may enter into an agreement with a captive insurance company for the management of the company's funds. Money in this fund may be used …

The Bureau of Human Resources and Administration, under the direction of the State Building Committee, shall, at the request of any state board that expects to appear before the Legislature for the purpose of asking for any appropriation for state buildings and improvements, prep…

Any board, agency, or other body authorized by law to erect any state building or other improvement provided for in §§ 5-14-3 and 5-14-5 , shall pay out of funds appropriated or available for the purpose all expenses incurred for plans, specifications, and supervision of construc…

The various agencies, boards, commissions, and institutions may accept and expend in addition to the amounts provided for new construction at any of the institutions under their jurisdiction, any funds which may be obtained from any gift or contribution from any source for that p…

The South Dakota State Fine Arts Council, the State Building Committee provided for in § 5-14-3 , and the Bureau of Human Resources and Administration, may accept and expend for the purpose of this chapter, any funds which it may obtain from federal sources, gifts, contributions,…

The Bureau of Human Resources and Administration shall keep the original or a copy of the plans and specifications of all state buildings, of all bids submitted, and of all contracts let for their erection. The bureau shall prepare and keep itemized statements of the cost of cons…

The State of South Dakota declares that it is necessary that the capitol complex in the city of Pierre be enlarged and beautified. The South Dakota Capitol Complex Restoration and Beautification Commission shall accomplish that purpose in the manner provided by this chapter. Sour…

The Capitol Complex Restoration and Beautification Commission shall be administered under the direction and supervision of the Bureau of Human Resources and Administration and the commissioner thereof. The commission shall retain the quasi-judicial, quasi-legislative, advisory, o…

Terms as used in this chapter mean: (1) "Commission," the South Dakota Capitol Complex Restoration and Beautification Commission; (2) "Capitol complex," all state capitol buildings and capitol grounds within the capitol complex. Source: SL 1980, ch 48 , §§ 1, 14.

The commission may accept and receive gifts of money and contributions and donations of real and personal property from any source, including the city of Pierre, South Dakota, a municipal corporation, and the United States of America, and to use the same for the purposes of §§ 5-…

The commission may make all necessary surveys in connection with its work, plat and replat the area of the capitol complex acquired by the commission, or any part thereof, and open and dedicate streets to the use of the public in such area, granting easements therein and use ther…

The commission may acquire by gift or the exercise of the power of eminent domain in the manner provided by law, real property necessary for the state capitol complex enlarged as provided by the plans adopted by the commission, lease or manage any such property, and sell excess p…

The city of Pierre may convey, without compensation therefor, to the state any property owned by the city within the boundaries of the capitol complex as enlarged pursuant to the plan adopted, and area determined, by the commission. Source: SL 1961, ch 316 , § 6; SL 1980, ch 48 ,…

The acts of the commission in its exercise of the power of eminent domain on behalf of the state and in the selection of the lands acquired in the action of condemnation heretofore brought by the commission in the circuit court for Hughes County, South Dakota, to acquire unimprov…

The location of any building to be erected in the capitol complex shall be determined by the majority vote of a board consisting of the Governor, chair of the commission, and the executive head or officer of any of the branches of state government, or the chair, commissioner, or …

The commission may make and execute all contracts and other instruments which may be required in connection with the enlargement, renovation, and beautification of the state capitol grounds and other duties imposed upon the commission by §§ 5-15-1 to 5-15-23 , inclusive. Source: …

The commission may lease, manage, control, and maintain any of the property heretofore or hereafter acquired by it, and to execute lease, or rental agreements therefor as the commission deems advisable. No lease agreement may exceed a term of two years. The lease agreement shall …

The commission may sell unneeded or excess property of the commission other than real property and sever any buildings or structures from the land. The sale of any property by the commission shall be at public auction or upon sealed bids, to be held in Hughes County, South Dakota…

The commission may make sales of structures, material, or property severed from the land, or other personal property to the public and to other state agencies, departments, or political subdivisions. Such sales to state agencies, departments, or political subdivisions shall follo…

The commission consists of the mayor of Pierre or the mayor's designee, one member of the House of Representatives appointed by the speaker of the House of Representatives, one member of the Senate appointed by the president pro tempore of the Senate, and seven members appointed …

The commission may dispose of, wreck, and destroy any building acquired by it, its determination therefor to be approved by the State Board of Finance. Source: SL 1961, ch 316 , § 2 (f); SL 1963, ch 321 , § 1; SL 2011, ch 2 , § 69.