Title 1 — STATE AFFAIRS AND GOVERNMENT

The powers conferred by this chapter shall be in addition and supplementary to, and the limitations by this chapter shall not affect the powers conferred by any other law. Source: SL 1972, ch 10 , § 22.

Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. Source: SL 1972, ch 10 , § 17.

This chapter shall be liberally construed to accomplish the intentions expressed herein. Source: SL 1972, ch 10 , § 23.

This chapter may be referred to and cited as the "South Dakota Health and Educational Facilities Authority Act." Source: SL 1972, ch 10 , § 24.

There is established to be financed by the health and educational facilities authority created by this chapter, a South Dakota health education loan program pursuant to P.L. 94-484. Source: SL 1982, ch 10 , § 4.

The authority may, together with all powers incidental thereto or necessary for the performance thereof: (1) Participate in the financing of HEAL loans; (2) Purchase or participate in the purchase of HEAL loans; (3) Sell or participate in the sale of HEAL loans; (4) Collect and p…

Any HEAL loan made, caused to be made, purchased or caused to be purchased under §§ 1-16A-65 to 1-16A-70 , inclusive, may be funded with the proceeds of bonds, notes or other obligations of the authority issued pursuant to §§ 1-16A-38 to 1-16A-41 , inclusive, and the trust agreem…

Notwithstanding § 1-16A-42 , all bonds issued by the authority pursuant to § 1-16A-67 shall be payable out of the revenues with respect to HEAL loans funded under this chapter, or from reserves or other money available for such purpose as may be designated in the resolution of th…

Notwithstanding § 1-16A-43 , the principal of and interest on any bonds issued by the authority pursuant to § 1-16A-67 shall be secured by a pledge of the revenues and other money out of which the same shall be made payable and may be secured by a trust indenture or mortgage or d…

Annually after the appointment of a member or members, the authority shall elect one of its members as chairman and one as vice - chairman. Source: SL 1972, ch 10 , § 5.

There is created a separate trust fund designated the South Dakota health education loan repayment fund consisting of all revenues with respect to HEAL loans funded under this chapter. The authority may pledge revenues received or to be received by the fund to secure bonds, notes…

1-16A-71.1 Repealed by SL 2012, ch 179 , § 10. 1-16A-72

1-16A-72. Repealed by SL 1988, ch 12 , § 9.

1-16A-72.1 Repealed by SL 2012, ch 179 , § 11. 1-16A-73

1-16A-73. Repealed by SL 1988, ch 12 , § 10. 1-16A-73.1 to 1-16A-73.12. Repealed by SL 2012, ch 179 , §§ 12 to 23. 1-16A-73.13 to 1-16A-73.19. Repealed by SL 2012, ch 180 , §§ 9 to 15. 1-16A-73.20 to 1-16A-73.27. Repealed by SL 2012, ch 179 , §§ 24 to 31.

1-16A-73.1 Repealed by SL 2012, ch 179 , §§ 12 to 23. 1-16A-73.13 Repealed by SL 2012, ch 180 , §§ 9 to 15. 1-16A-73.20 Repealed by SL 2012, ch 179 , §§ 24 to 31. 1-16A-74 Power to act as public instrumentality. 1-16A-74.1 Establishment of funding program for financing of propert…

The authority is hereby designated and empowered to act as a public instrumentality and agency of the state exercising public and essential governmental functions for the purpose of reducing the cash flow difficulties faced by LEAs and other public bodies, improving the financial…

The authority shall establish or assist in the establishment of a funding program for the financing of real property, equipment, or other personal property by public bodies. Such assistance may include, without limitation, the issuance and sale of bonds or notes, the loaning of t…

The authority, all school districts and other public bodies, and all officers or departments of the state dealing with the state or the authority pursuant to §§ 1-16A-19 , 1-16A-74 to 1-16A-76 , inclusive, and 13-19-1.2 are not subject to the jurisdiction of the federal bankruptc…

1-16A-78 Authority to issue education savings bonds. 1-16A-79 Criteria for issuance of education savings bonds. 1-16A-80 Additional criteria for issuance of education savings bonds. 1-16A-81 Discounted sale of education savings bonds--Interest--Payment at maturity. 1-16A-82 Sale …

The authority may designate bonds or certificates of participation described in § 1-16A-79 as South Dakota education savings bonds or certificates. Source: SL 1990, ch 10 , § 1.

Bonds issued by the authority or certificates of participation issued in connection with an authority program may be eligible for designation by the authority pursuant to § 1-16A-78 if the authority determines that the following criteria are satisfied: (1) The bonds or certificat…

Each meeting of the authority for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted. Source: SL 1972, ch 10 , § 4.

In lieu of satisfaction of the criteria set forth in subsection 1-16A-79(2)(a), bonds or certificates may be designated by the authority as education savings bonds or certificates if the authority determines it is appropriate after considering the following factors: (1) The exist…

Education savings bonds or certificates of participation may be sold at any discount to be determined by the authority, need not bear a stated rate of interest, and may be payable in one payment at maturity on a fixed date. Source: SL 1990, ch 10 , § 4.

Education savings bonds or certificates may be sold either at a competitive or negotiated sale. For purposes of computing the aggregate principal amount of bonds or certificates issued or outstanding at any one time, education savings bonds or certificates shall be considered to …

The authority may develop a plan of implementation for the issuance and sale of bonds or certificates of participation as education savings bonds or certificates, including: (1) The advertising to inform the public about the availability of such bonds or certificates; (2) The mar…

No bond, certificate, or other evidence of indebtedness may be designated or described in a manner suggesting qualification as an education savings bond or certificate unless such bond, certificate, or other evidence of indebtedness has been so designated by the health and educat…

For the purposes of §§ 1-16A-85 to 1-16A-88 , 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, b…

The authority is hereby authorized as a funding authority for any pool arrangement. To implement this authorization, the authority may establish a program for, or issue and assist others in the issuance of, revenue bonds, certificates of participation or any other instruments to …

In addition to the authorization granted by § 1-16A-86 , the authority may establish a program for, or issue or assist others in the issuance of, bonds, certificates of participation or other instruments that directly or indirectly constitute a debt or other obligation of one or …

Any revenue bond, certificate of participation or other instrument which is not directly or indirectly secured for payment of principal and interest by the proceeds of irrepealable tax levies shall state on its face that it is not secured for payment by irrepealable tax levies of…

No credit enhancement obligation is valid unless the authority adopts a resolution which finds and determines the following: (1) The bonds or other obligations to be secured by such credit enhancement obligation are to be issued for the purpose of financing or refinancing propert…

Four members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four of its members. Source: SL 1972, ch 10 , § 4.

In connection with any loan to, lease with, or other financing agreement for the benefit of a participating health institution, the authority may enter into any agreements it deems necessary or appropriate with the participating health institution, any municipality or county, any…

The authority may participate in and issue bonds and other forms of indebtedness for the purpose of establishing and maintaining an accounts receivable program on behalf of one or more participating health institutions. Such bonds and other evidences of indebtedness shall be issu…

The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rat…

Any bonds, notes or other obligations of the authority that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchel…

The South Dakota Board of Technical Education shall promulgate rules pursuant to chapter 1-26 establishing a methodology for forecasting anticipated contributions from student tuition and fees and additional state appropriations available pursuant to a lease purchase agreement to…

Any lease payments made to the authority pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the a…

The authority is authorized to establish policies and procedures, in coordination with the Bureau of Finance and Management, which shall facilitate the issuance by school districts of capital outlay certificates, and the establishment of terms for lease purchase agreements that a…

No capital outlay certificate issued or lease purchase agreement entered into as part of a program sponsored by the authority or secured by a pledge of state aid to education funds may be or become a lien, charge, or liability against the state or the authority, nor against the p…

The state pledges to and agrees with the holders of capital outlay certificates issued or any lease purchase agreement as part of a program sponsored by the Health and Educational Facilities Authority or secured by a pledge of state aid to education funds that the state will not …

Terms used in this chapter mean: (1) "Agricultural enterprise," the acquisition, construction, reconstruction, rehabilitation, or improvement of land, buildings, improvements thereto, or personal property located in the state that are necessary or suitable for use in farming, ran…

The commissioner of the Governor's Office of Economic Development shall serve as the chief administrative officer and direct and supervise the administration and technical affairs of the authority. Source: SL 1978, ch 9 , § 4; SL 1982, ch 17 , § 33; SL 1987, ch 16 , § 3; SL 2005,…

All staff services required by the South Dakota Economic Development Finance Authority shall be provided by the Governor's Office of Economic Development, and all expenses incurred in carrying on the work of the authority, including the per diem and travel expenses of the authori…

The Economic Development Finance Authority may authorize a trustee to transfer any income from the capital reserve fund to a general account also in the custody of a trustee. The money in the authority's accounts is hereby continuously appropriated to the authority to carry out t…

1-16B-14 Powers of authority. 1-16B-14.1 Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session. 1-16B-15 Power to issue notes and bonds--Maximum outstanding. 1-16B-16 Issuance, renewal, payment, …

The authority may exercise all powers necessary or appropriate to carry out the purposes of this chapter, including the following: (1) To conduct examinations and to hear testimony and take proof, under oath or affirmation at public or private hearings, on any matter material for…

Any documentary material or data made or received by the Economic Development Finance Authority for the purpose of furnishing assistance to a business, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operatio…