Title 11, PLANNING, ZONING AND HOUSING PROGRAMS

Notwithstanding any other provision of law, the authority shall be audited annually by a certified public accountant approved by, and under the direction of, the auditor general and any such private audit shall be filed with the Department of Legislative Audit upon completion. So…

Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, and this chapter is cumulative to any such powers. This chapter does and shall be cons…

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter shall be controlling. Source: SL 1973, ch 180 , § 52; SDCL Supp, § 28-19-161.

This chapter may be cited as the South Dakota Housing Development Authority Act. Source: SL 1973, ch 180 , § 53; SDCL Supp, § 28-19-162.

Meetings shall be held at the call of the chairman or whenever two commissioners so request. Four commissioners of the authority shall constitute a quorum and any action taken by the authority under the provisions of this chapter may be authorized by resolution approved by a majo…

It is further declared that in order to provide a fully adequate supply of sanitary, decent and safe accommodations at rental or carrying charges which such persons or families can afford, and a fully adequate supply of day - care facilities providing services at affordable price…

Commissioners shall receive compensation for the performance of their duties hereunder as established by the Legislature in accordance with § 4-7-10.4 from the funds of the authority. Source: SL 1973, ch 180 , § 6; SDCL Supp, § 28-19-19; SL 1977, ch 227 .

The Governor shall appoint an executive director of the authority. The executive director shall serve at the pleasure of the Governor. The executive director is the secretary of the authority and shall administer, manage, and direct the affairs and business of the authority, subj…

The Governor shall set the salary of the executive director, who shall be paid from funds provided by the authority. The salaries of the other employees shall be approved by the executive director. Source: SL 1979, ch 351 , § 34; SDCL Supp, § 28-19-20.1; SL 2012, ch 78 , § 7.

The executive director and employees of the authority shall be provided comparable employee benefits offered to state employees by chapters 3-6C , 3-6E , 3-10 , 3-11 , and 3-12C and for purposes of administration of this section, the executive director and employees of the author…

The secretary shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority and of its minute book and seal. He shall have authority to cause to be made copies of all minutes and other records and docum…

The authority shall, notwithstanding any section of chapter 11-7 , act as a housing and redevelopment commission for the state and be granted the same functions, rights, powers, duties, privileges, immunities, and limitations as conferred upon housing and redevelopment commission…

The authority may carry out and effectuate the purposes and provisions of this chapter. Source: SL 1973, ch 180 , § 12; SDCL Supp, § 28-19-23; SL 2012, ch 78 , § 10.

The authority may: (1) Sue and be sued in its own name; (2) Have an official seal and alter the same at pleasure; (3) Have perpetual succession; and (4) Maintain an office at such place or places within this state as it may designate. Source: SL 1973, ch 180 , § 12 (1) to (4); SD…

The authority may provide, contract, or arrange for consolidated processing of any aspect of a housing development or housing project in order to avoid duplication thereof by either undertaking such processing in whole or in part on behalf of any department, agency, or instrument…

It is the intent of the Legislature that the authority shall, to the greatest extent possible, hire and utilize private business firms in the performance of its duties as authorized by this chapter. Source: SL 1973, ch 180 , § 12 (30); SDCL Supp, § 28-19-26.

It is hereby further declared to be necessary and in the public interest: (1) That such State Housing Development Authority provide for predevelopment costs, temporary financing, land development expenses, and residential housing construction or rehabilitation by public and priva…

The authority may adopt and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority and the conduct of its business. Source: SL 1973, ch 180 , § 12 (5); SDCL Supp, § 28-19…

The authority may conduct research and promote development in housing, building technology, and related fields. Source: SL 1973, ch 180 , § 12 (13); SDCL Supp, § 28-19-28; SL 2012, ch 78 , § 14.

The authority may provide advice, technical information, training and educational services, including assistance in obtaining federal and state aid, to assist the planning, construction, rehabilitation, and operation of housing developments and housing projects, including assista…

The authority may enter into agreements or other transactions with, administer programs of, and accept grants and the cooperation of, the United States or any agency or instrumentality thereof or of the state or any agency or instrumentality thereof or of any other state or any a…

The authority may make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter. Source: SL 1973, ch 180 , § 12 (6); SDCL Supp, § 28-19-33; SL 2012, ch 78 , § 19.

The authority may accept such moneys as may be appropriated from time to time by the Legislature for effectuating its corporate purposes including, without limitation, the payment of the expenses of administration and operation and the establishment of reserves or contingency fun…

In addition to the reporting requirements imposed by § 11-11-181 , the authority shall annually submit an informational budget to the Governor through the Bureau of Finance and Management in accordance with § 4-7-7.2 . The informational budget submitted by the authority shall be …

The authority may receive and accept aid or contributions, from any source, of money, property, labor, or other things of value, to be held, used, and applied to carry out the purposes of this chapter subject to such conditions upon which such grants and contributions may be made…

It is hereby further declared that all of the purposes mentioned in §§ 11-11-2 and 11-11-3 are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, or granted, and that such activities serve a public purpose in improving or otherwise benef…

The authority shall have the power to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter. Source: SL 1973, ch 180 , § 12 (29); SDCL Supp, § 28-19-36.

The authority may borrow money and issue bonds and notes or other evidences of indebtedness as provided in this chapter. Source: SL 1973, ch 180 , § 12 (23); SDCL Supp, § 28-19-37; SL 2012, ch 78 , § 22.

The authority may include in any borrowing such amounts as may be deemed necessary by the authority to establish reserves and to pay financing charges, interest on the obligations for a period not exceeding three years from their date, consultant advisory and legal fees, and such…

The authority may issue from time to time its negotiable notes and bonds in such principal amount as the authority shall determine to be necessary to provide sufficient funds for achieving its corporate purposes, including the payment of interest on notes and bonds of the authori…

The authority may issue qualified private activity bonds at any time during a fiscal year in the aggregate principal amount as determined by the authority, and (except for bonds issued for the purpose of renewing, paying, or refunding outstanding bonds and interest pursuant to § …

The authority is an agency of the state which is an issuing authority within the meaning of § 146 of the Internal Revenue Code of 1986 and the State Housing Credit Agency within the meaning of § 42(h)(7)(A) of the Internal Revenue Code of 1986. The authority may administer the pr…

The authority may enter into all agreements and take any actions necessary to comply with all conditions set forth in § 143 of the Internal Revenue Code of 1986, for the issuance of qualified mortgage bonds as therein defined. Source: SL 1981, ch 221 , § 3; SDCL Supp, § 28-19-39.…

Obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any political subdivision thereof but shall be p…

Terms used in this chapter mean: (1) "Authority," the South Dakota Housing Development Authority; (2) "Bonds," any bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness issued by the authority pursuant to this chapter; (2A) "Day-care facilit…

The authority shall have the power, from time to time, to issue: (1) Notes to renew notes; and (2) Bonds to pay notes including the interest thereon and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have…

Bonds or notes may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, body, bureau, or agency of the state, and without any other proceedings or the happening of any conditions or things other than those pr…

The notes and bonds shall be authorized by resolutions of the authority, and shall bear such dates and shall mature at such times as such resolutions may provide. However, no bond may mature more than fifty years from the date of its issue. The bonds may be issued as serial bonds…

Except as may otherwise be expressly provided by resolution of the authority, every issue of its notes and bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular not…

Any resolutions authorizing any bonds or any issue thereof may contain any of the following provisions, each of which shall be a part of the contracts with the holders thereof: (1) Pledging all or any part of the revenues of the authority to secure the payment of the bonds or of …

As used in this chapter, housing development, or, housing project, means any work or undertaking, whether new construction or rehabilitation, including single family and multifamily residential housing, which is designed and financed pursuant to the provisions of this chapter for…

In the discretion of the authority, the bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without the state. Such trust indenture may contain such pr…

Any pledge made by the authority shall be valid and binding from the time when the pledge is made. The revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof o…

If any of the commissioners, executive director, or officers of the authority whose signatures appear on any bonds ceases to be such commissioners, executive director, or officers before the delivery of such bonds, such signatures are, nevertheless, valid and sufficient for all p…

To assure the continued operation and solvency of the authority for the carrying out of its corporate purposes, provision is made in §§ 11-11-70 to 11-11-75 , inclusive, for the accumulation in each capital reserve fund created thereunder of an amount equal to the maximum capital…

As used in this chapter, housing sponsor, or, sponsor, means individuals, joint ventures, partnerships, limited partnerships, trusts, firms, associations, governmental agencies, or other legal entities or any combination thereof, corporations, cooperatives, and condominiums, appr…