Title 1, STATE AFFAIRS AND GOVERNMENT

If any person who is a proper party defendant or if any affected subsurface property is omitted from the declaration of taking filed pursuant to § 1-16H-31.2 , the authority may file amendments to include the person or subsurface property. Any amendment from the time of filing ha…

If the authority elects to utilize the procedures set forth in §§ 1-16H-31.2 to 1-16H-31.7 , inclusive, for possession of subsurface property, the authority shall deposit with the court the money required by § 21-35-11 as a condition to the exercise of such power. In that case, t…

Upon application of the parties in interest, the court may order that all of the money deposited in court pursuant to § 1-16H-31.8 , or any part thereof, be paid for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded for th…

The authority may enter into intergovernmental agreements with any governmental agency. Source: SL 2004, ch 15 , § 32.

The authority may share employees with governmental agencies. Source: SL 2004, ch 15 , § 33.

The provisions of § 5-2-19 do not apply to real or personal property given to the authority. Source: SL 2004, ch 15 , § 34.

Any department, board, commission, agency, or officer of this state or the Board of Regents of the State of South Dakota, may transfer jurisdiction of or title to any property to, or may exchange property under its control with, the authority if the transfer or exchange is approv…

The authority shall designate a qualified public depository as defined in § 4-6A-1 as a depository of its money. Those depositories shall be designated only within the state and upon condition that bonds approved as to form and surety by the authority and at least equal in amount…

The income of the authority and all land, improvements, equipment, fixtures, or other property interests owned by the authority are exempt from all taxation in the State of South Dakota. The authority is exempt from the provisions of chapter 47-31B . Source: SL 2004, ch 15 , § 37…

The authority is attached to the Governor's Office of Economic Development for reporting purposes. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner. However, the authority shall report at least annuall…

Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in § 4-7-7.2 . Source: SL 2004, ch 15 , § 39.

The South Dakota Science and Technology Authority is hereby created as a body corporate and politic. Source: SL 2004, ch 15 , § 4.

The functions and programs of the former Homestake Laboratory Conversion Project are transferred to the authority. Source: SL 2004, ch 15 , § 40.

The authority may accept the donation of the former Homestake Mine in Lead, South Dakota, or any part thereof. Source: SL 2004, ch 15 , § 41.

The sections, clauses, sentences, and parts of this chapter are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if this chapter would otherwise be unconstitutional or ineffective. It is the intention…

Any person who donates or otherwise conveys without cost any underground mine workings and related real or personal property, including fixtures or structures, to the Science and Technology Authority for public use or benefit is immune from any liability under state law which ari…

If the authority leases land, improvements, equipment, fixtures, or other property interests in Lawrence County to an entity that: (1) Is organized and operated on a not-for-profit basis; (2) Is organized as a limited liability company; (3) Has members of the limited liability co…

The governing and administrative powers of the authority are vested in its board of directors, consisting of seven voting members. The president of the South Dakota School of Mines and Technology and the president of Black Hills State University are ex-officio, nonvoting members.…

The Governor may remove any member of the board for cause, including incompetence, neglect of duty, or malfeasance in office. Source: SL 2004, ch 15 , § 6.

Voting members of the board shall receive compensation for the performance of their duties as established by the Legislature in accordance with § 4-7-10.4 from the funds of the authority. All members may be reimbursed at rates established by the Board of Finance for necessary exp…

Each member of the board shall, before entering upon the duties of office, take and subscribe the constitutional oath of office. Source: SL 2004, ch 15 , § 8.

The board may appoint an executive director. The executive director may not be a member of the board. The executive director shall hold office at the discretion of the board. The executive director shall perform such duties as may be prescribed from time to time by the board and …

There is created the South Dakota Ellsworth Development Authority, a body corporate and politic, with such duties and powers as are set forth in this chapter to carry out the provisions of this chapter. The authority is hereby constituted an independent public instrumentality exe…

Any holder of any revenue bonds, notes, or other instruments issued by the authority may bring suits at law or proceedings in equity to compel the performance and observance by any person or by the authority or any of its agents or employees of any contract or covenant made with …

If the authority fails to pay the principal of, or interest on, any of the revenue bonds or premium, if any, as the principal or interest becomes due, a civil action to compel payment may be instituted in circuit court by the holder or holders of the revenue bonds on which such d…

Notwithstanding the form and tenor of any such revenue bond, note, or other instrument and in the absence of any express recital on the face of any such revenue bond, note, or other instrument that it is nonnegotiable, any such revenue bond, note, and other instrument is a negoti…

To secure the payment of any revenue bond, note, or other instrument, the revenues to be received by the authority from a lease agreement or loan agreement shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the authority in connection with t…

Any revenue bonds or notes shall be secured as provided in the authorizing resolution which may, notwithstanding any other provision of this chapter, include in addition to any other security, a specific pledge or assignment of and lien on, or security interest in, any or all rev…

The State of South Dakota pledges to and agrees with the holders of the revenue bonds and notes of the authority issued pursuant to this chapter that the state will not limit or decrease the rights and powers vested in the authority by this chapter so as to impair the terms of an…

Nothing in this chapter may be construed to authorize the authority to create a debt of the state within the meaning of the Constitution or statutes of South Dakota and all revenue bonds, notes, and other instruments and obligations issued by the authority pursuant to the provisi…

The state and all counties, municipalities, political subdivisions, public bodies, public officers, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, personal representatives, conservators, trustees, an…

Any documentary material or data made or received by the authority for purposes under this chapter, to the extent that such material or data consists of trade secrets, scientific or technical secrets, matters involving national security, or commercial or financial information reg…

The authority may acquire title to any project with respect to which it exercises its authority. Source: SL 2009, ch 8 , § 19.

The authority shall consist of seven members appointed by the Governor with the advice and consent of the Senate. The terms for the initial appointments shall be as follows: three members shall serve three years, two members shall serve two years, and two members shall serve one …

The provisions of § 5-2-19 do not apply to real or personal property given to the authority. Source: SL 2009, ch 8 , § 20.

The authority shall designate a qualified public depository as defined in § 4-6A-1 as a depository of its money. Those depositories shall be designated only within the state and upon condition that bonds approved as to form and surety by the authority and at least equal in amount…

The income of the authority and all land, improvements, equipment, fixtures, or other property interests owned by the authority are exempt from all taxation in the State of South Dakota. However, nothing in this section exempts from taxation the value of any leasehold interests i…

Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in § 4-7-7.2 . Source: SL 2009, ch 8 , § 23.

The authority may enter into intergovernmental agreements with any governmental agency or political subdivision. Source: SL 2009, ch 8 , § 24.

The authority may share employees with governmental agencies. Source: SL 2009, ch 8 , § 25.

Nothing in this chapter limits any power granted to any municipality or county government nor creates any police or taxing power in the authority. Source: SL 2009, ch 8 , § 26.

The Commissioner of School and Public Lands shall transfer to the Ellsworth Development Authority all or any portion of the following real estate and any related personal property and improvements located on the property: Certain property described generally as Tract B in the Nor…

Any real estate and related personal property and improvements on the property which are generally considered a part of the tracts described in § 1-16J-27 but not specifically included in the legal description set out in § 1-16J-27 may be transferred as provided in §§ 1-16J-27 to…

Any transfer pursuant to §§ 1-16J-27 and 1-16J-28 is subject to approval by the Governor and subject to all applicable constitutional reservations. Source: SL 2018, ch 11 , § 3, eff. Feb. 5, 2018.

The authority is attached to the Governor's Office of Economic Development for reporting purposes. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of the Governor's Office of Economic Development. How…

All appointments to the authority after the initial appointments shall be made for a four-year term. Each member's term of office shall expire on the applicable third Monday in January, but the member shall continue to hold office until a successor is appointed and qualified. Any…