Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS

The contractor shall file such notice with the governing board of the public body in charge of the improvement, and such board shall thereupon by resolution designate a newspaper or newspapers in the vicinity of the work or improvement in which publication of said notice shall be…

All claims for any items under the provisions of this chapter furnished by any subcontractor or by any person to any subcontractor for making said improvement which are not filed in accordance with the provisions of said notice within one hundred twenty days from the first public…

Nothing in the statutes relating to such liens on public funds unless limited as hereinbefore provided shall impair or affect the right of any person to whom any sum may be due for work, skill, services, materials, power, machinery, or supplies furnished to any contractor for any…

Every person wishing to avail himself of the provisions of the statutes providing liens on proceeds of public improvement contracts shall, within twenty days after any item claimed by him shall have been furnished or any work done by him shall have been performed, file with the o…

The officer of the public body with whom the account is filed shall endorse upon every account so filed, the date of the filing and report the same to the next meeting of the governing board of such public body. All liens so claimed shall attach from the time of such filing. The …

Any person having such lien may bring an action to enforce the same in the circuit court for the county where the work or improvement or any part thereof shall be situated. Actions may likewise be commenced to determine such lien by the public body or the contractor. The plaintif…

The court shall determine the validity of all liens filed, the amount due upon each, the amount due to the contractor, and if the amount due to the contractor be sufficient, shall order the public body to pay the amounts of all liens adjudged valid to the persons entitled to the …

If the amount due the contractor shall not be sufficient to pay all liens in full, the court shall order and direct the payment of the same, after deducting the costs of the action, to the persons whose liens are adjudged valid, ratably in proportion to the amounts of their sever…

All claims to liens under this chapter relating to public improvement contracts shall cease to have any validity or to be binding upon the public body or the contractor under the provisions of this chapter unless an action to enforce the same as hereinbefore provided shall be com…

Any such lien may be discharged: (1) By filing with the officer with whom the liens shall be filed a certificate of satisfaction of the claimant or his successor in interest duly acknowledged; (2) By lapse of the time within which an action to enforce the same may be commenced wi…

At any time after the completion of any work or improvement for any public body the contractor may issue notice as hereinafter provided, specifically stating that the improvement has been completed and requiring that all subcontractors or persons who furnished any items of labor,…

County, township, or municipal officers or employees, having in their custody any public personal property, requiring inventory, as defined in rules issued by the commissioner of human resources and administration shall annually on the thirty - first day of December, or within te…

Officers and employees of each state institution and department are required to maintain an inventory of all public personal property in the manner prescribed by rule by the commissioner of human resources and administration. Source: SL 1977, ch 54 , § 2; SL 1984, ch 30 , § 78; S…

Whenever any grant, devise, bequest, donation, or gift, or assignment of money, or chose in action, of any property, real or personal, is made to this state, the Governor shall receive the gift, the title thereto shall pass to the state, and the state may, if necessary, commence …

The commissioner of human resources and administration shall cooperate with the United States government, the general services administration, or any other duly constituted federal agency, by expending moneys and accepting federal surplus commodities and property for care, exchan…

There is hereby created in the state treasury a property management internal service fund. The commissioner of human resources and administration shall apportion all expenses incurred in the administration and operation of the property management program to all state departments,…

The Governor, pursuant to § 5-24-12 , may accept, on behalf of the State of South Dakota, the transfer of any property or equipment from the Homestake Mining Company. Source: SL 2001, ch 33 , § 1. 5-24-16. Repealed by SL 2011, ch 2 , § 95. 5-24-17 to 5-24-20. Repealed by SL 2004,…

The inventories required by §§ 5-24-1 and 5-24-1.1 shall show the actual cost for each item, or the estimated cost at the time of acquisition, if the actual cost cannot be ascertained. In the case of gifts, the estimated fair market value at the time of acquisition shall be used.…

All officers in state educational institutions shall file one copy of the annual inventory with the secretary of the Board of Regents, and one copy with the commissioner of human resources and administration. All county officers and employees shall file one copy of the annual inv…

When any personal property is purchased by the state or any county, municipality, township, or school district, to be utilized in pursuance of the duties of the office for which supplied, a note shall at once be made of its purchase and receipt in the inventory report for that ye…

If any article in the custody of any officer or employee is lost or destroyed, the officer or employee shall make a note of the loss or destruction in the inventory for the current year, giving the date and circumstances of the loss or destruction. Source: SL 1903, ch 220 , § 4; …

If an officer or employee disposes of personal property without complying with the requirements of this chapter, the officer or employee, in addition to the penal penalty prescribed by law, is liable for the value thereof as shown by the last preceding inventory, to be recovered …

Each officer enumerated in § 5-24-1 , shall turn over all the public personal property in the officer's possession to the officer's successor in office. Each officer shall take the receipt of the officer's successor for all property requiring inventory, as defined in rules promul…

Any officer who fails to comply with any of the provisions of §§ 5-24-1 to 5-24-7 , inclusive, is guilty of a Class 2 misdemeanor. Source: SL 1913, ch 293 , § 8; RC 1919, § 7055; SDC 1939, § 48.9902; SL 1980, ch 24 , § 75; SL 2011, ch 2 , § 91. 5-24-9 to 5-24-9.5. Repealed by SL …

Terms used in this chapter mean: (1) "Administrator," the director of property management for the Bureau of Human Resources and Administration; (2) "Authorized entity," a political subdivision, school, Indian tribe, or any nonprofit educational or health institutions as determine…

If the property disposed of under the provisions of §§ 5-24A-1 to 5-24A-16 , inclusive, is a fixed asset, the agency shall submit a fixed asset retirement form as designated by the bureau. Source: SL 2008, ch 32 , § 10.

Before the administrator authorizes a trade-in of property, the administrator shall determine that the net benefit to the state exceeds the benefit that would be derived from a public sale of the item. Source: SL 2008, ch 32 , § 11.

The bureau may not receive, store, handle, or process any equipment, fluids, chemicals, residue, or other property which have been identified as hazardous by the bureau. Each state agency that has surplus hazardous materials is responsible for proper handling and disposal of thos…

Any money derived from the sale of public personal property shall be retained in a revolving account. This revolving account shall be used to pay the administrative expenses pertaining directly to the transportation, sale, and storage of surplus public personal property. Any mone…

On approval of the sale of any personal property by the bureau, the conveyance of the personal property shall be made in the name of the State of South Dakota acting by and through the bureau by bill of sale or title certificate executed by the commissioner of human resources and…

Except as provided in § 5-24A-8 , donations of state property to any private individual, for-profit organization, or state employee is prohibited. The sale of state property to any state employee is prohibited unless items are sold at public auctions. Source: SL 2008, ch 32 , § 1…

The commissioner of human resources and administration may promulgate rules pursuant to chapter 1-26 to carry out the functions of this chapter regarding the disposal of state surplus personal property. Source: SL 2008, ch 32 , § 16; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr.…

Notwithstanding any other provision of law, including chapters 5-2 , 5-7 , and 5-24A , the commission shall, not later than June 30, 2011, liquidate all of the commission's remaining property, excluding any mineral estates owned or leased by the commission. If liquidating propert…

Notwithstanding any other provision of law, the commission shall disburse the proceeds from the liquidation of the commission's property, to the extent proceeds are available, as follows: (1) First, to pay any remaining noncontingent, liquidated liabilities of the commission; (2)…

The Bureau of Human Resources and Administration is responsible for the disposition of all surplus property for all state agencies. No state agency may dispose of surplus property without the written authorization of the bureau which may be in electronic format. Source: SL 2008, …

Before any state-owned personal property is disposed of, the agency property manager shall declare the property surplus in the manner prescribed by this chapter. Source: SL 2008, ch 32 , § 3.

Any state agency is responsible for the preservation of its surplus property prior to its disposal. The agency shall make reasonable efforts to protect its surplus property from the elements, theft, or any other means of destruction or deterioration. Source: SL 2008, ch 32 , § 4.

State-owned property may not be disposed until the following steps have been taken: (1) The agency property manager declares the property surplus; (2) The property manager submits a form, prescribed by the bureau, to the administrator for approval. The form shall state in part: (…

If the property has an estimated fair market value greater than one hundred dollars, the administrator may designate one of the following methods of disposal: (1) Transfer to another state agency or Indian tribe with or without charge; (2) Public auction; (3) Exchange as trade-in…

If the property has an estimated fair market value less than one hundred dollars, the administrator may designate one of the following methods of disposal: (1) Transfer to a state agency or authorized entity with or without charge; (2) Internet sales; (3) Public auction; (4) Sale…

In addition to the disposal options set out in § 5-24A-7 , the administrator may designate that surplus personal computer equipment having an estimated fair market value less than one hundred dollars be distributed to families designated by the Department of Social Services as el…

The administrator shall either authorize the agency to dispose of the property itself or to transfer the property to the bureau for disposal. Source: SL 2008, ch 32 , § 9.

Vehicles owned or leased by the state may be used only in the conduct of state business. No state officer or employee, except the Governor, law enforcement officers of the South Dakota Highway Patrol, law enforcement officers of the Division of Criminal Investigation, and conserv…

Each office, department, institution, board, and agency of this state operating a state-owned passenger motor vehicle shall keep and maintain in its respective office: (1) Accurate records of its cost of operation of the motor vehicle; (2) Travel reports showing destination and m…

The Bureau of Human Resources and Administration shall maintain an internal service fund under the supervision of the commissioner of human resources and administration to collect and disburse mileage payments and motor vehicle disbursements equitably between the several departme…

Terms used in this chapter mean: (1) "Agency," each association, authority, board, branch, commission, committee, council, department, division, office, officer, system, task force, or other agent of the state government vested with the authority to exercise any portion of the st…

An agency which acquires property or services pursuant to a contract with a business shall pay for each complete delivered item of property or service on the date required by contract between the business and agency or, if no date for payment is specified by contract, within fort…

Any proper invoice not paid within forty-five days shall accrue interest beginning on the thirtieth day after receipt of property or service and receipt of the invoice covering the delivered items or services. Interest shall accrue and be charged on any payment overdue under § 5-…

No agency is required to pay interest due because of late payment if the interest is less than five dollars. Source: SL 1985, ch 45 , § 5; SL 1988, ch 59 , § 3.

An agency may not seek additional appropriations to pay interest which accrues as a result of its failure to make timely payments required by §