S.D. Codified Laws § 5-7-1 — SD Code / Title 5 / Chapter 7 / Section 5-7-1
Commissioner of school and public lands to conduct leasing of state-owned mineral interests
Status: in_force

The commissioner of school and public lands shall conduct all leasing of mineral interests owned by the state, or held in trust by the state, including school, indemnity, and endowment lands, rural credit lands, lands owned by the state and administered by the Department of Game, Fish and Parks, the Board of Regents or any other mineral interest of any kind in the state or any of its departments or institutions. However, with respect to lands administered by the Department of Game, Fish and Parks, the consent of the department shall be obtained.

Source: SL 1953, ch 72, § 1; SDC Supp 1960, § 15.0516 (1); SL 1989, ch 20, § 57.
S.D. Codified Laws § 5-21-1.1 — SD Code / Title 5 / Chapter 21 / Section 5-21-1.1
Waiver of performance security requirement on contracts under certain amount
Status: in_force

The requirement of a performance security may be waived by a public corporation if the bid submitted does not exceed the limit established pursuant to § 5-18A-14 for a public improvement.

Source: SL 1968, ch 276; SL 1977, ch 51, § 2; SL 1985, ch 42, § 3; SL 1988, ch 56, § 3; SL 2015, ch 52, § 1.
S.D. Codified Laws § 5-2-2.1 — SD Code / Title 5 / Chapter 2 / Section 5-2-2.1
Sale of realty by Board of Regents--Deposit, crediting, and investment of proceeds
Status: in_force

The Board of Regents may sell extraneous real property subject to the provisions of the Constitution and approval of the Legislature.

The proceeds from a sale of institutional endowment lands shall be deposited as provided in chapter 5-3 and the proceeds of other extraneous real property, net of any costs associated with the sale of the land, including in the case of a sale comprising both endowment lands and other extraneous real property, costs allocable to the sale of endowment lands, shall be deposited with the state treasurer and credited to a fund specifically designated as the real property acquisition and capital improvement fund for each institution under the Board of Regents involved in such transaction. The proceeds shall be invested by the State Investment Council in accordance with chapter 4-5 . Expenditures from the fund shall be approved by the Legislature.

Source: SL 1976, ch 7, § 1; SL 1982, ch 256, § 3; SL 1989, ch 20, § 52; SL 1989, ch 49, § 1; SL 1990, ch 30, § 18; SL 2011, ch 29, § 6; SL 2011, ch 30, § 5; SL 2018, ch 111, § 7, eff. Feb. 8, 2018.
S.D. Codified Laws § 5-15-4 — SD Code / Title 5 / Chapter 15 / Section 5-15-4
Meetings of commission--Chair and secretary--Reports to Governor and Legislature
Status: in_force

The commission shall meet at least twice each year and at such additional times as may be necessary. All meetings shall be held at the state capitol, and a majority of its members constitutes a quorum. The commission shall choose a chair, and one of its members as secretary, who shall keep minutes of its meetings. The commission shall make reports to the Governor on the progress of its work, and to the Legislature.

Source: SL 1955, ch 300, § 3; SL 1957, ch 340, § 2; SDC Supp 1960, § 55.02A03; SL 1961, ch 316, § 1 (a); SL 2011, ch 2, § 53.
S.D. Codified Laws § 5-12-28 — SD Code / Title 5 / Chapter 12 / Section 5-12-28
Interim notes authorized--Purposes of borrowing
Status: in_force

In addition to the permanent financing authorized by §§ 5-12-20 to 5-12-27 , inclusive, the South Dakota Building Authority may borrow money and issue interim notes in evidence thereof for any of the projects, or to perform any of the duties authorized under this chapter, and in addition may borrow money and issue interim notes for planning, architectural, and engineering services, acquisition of land, purchase of equipment, movable or otherwise as set forth in §§ 5-12-29 to 5-12-33 , inclusive.

Source: SL 1967, ch 276, § 5.
S.D. Codified Laws § 5-7-18 — SD Code / Title 5 / Chapter 7 / Section 5-7-18
Oil and gas leases--Casing-head gas included
Status: in_force

Where the term "oil and gas" is used in §§ 5-7-19 to 5-7-33 , inclusive, it shall be construed to mean "oil, gas, and casing - head gas."

Source: SDC 1939, § 15.0510 as added by SL 1941, ch 53, § 1.
S.D. Codified Laws § 5-12-25 — SD Code / Title 5 / Chapter 12 / Section 5-12-25
Restrictions on obligation stated on face of bonds
Status: in_force

Each such bond shall state upon its face that it is payable solely from revenues derived by the Building Authority from the operation of facilities acquired, constructed, completed, remodeled, or equipped in whole or in part with the proceeds of the sale of such bonds, including income to be derived from rental leases as provided in §§ 5-12-13 to 5-12-18 , inclusive. Each such bond shall state upon its face that it does not constitute an obligation of the State of South Dakota within the meaning of any provisions of the Constitution or statutes of the State of South Dakota.

Source: SL 1967, ch 276, § 6; SL 1975, ch 51, § 4.
S.D. Codified Laws § 5-14-37 — SD Code / Title 5 / Chapter 14 / Section 5-14-37
Report to the Legislature
Status: in_force

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. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18D-18 — SD Code / Title 5 / Chapter 18D / Section 5-18D-18
Evaluation criteria to be stated in request for proposals
Status: in_force

The request for proposals shall state the relative importance of evaluation criteria to be used in the ranking of prospective contractors. The agency shall include the following evaluation criteria in any request for proposals:

(1) Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

(2) Resources available to perform the work, including any specialized services, within the specified time limits for the project;

(3) Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;

(4) Availability to the project locale;

(5) Familiarity with the project locale;

(6) Proposed project management techniques; and

(7) Ability and proven history in handling special project constraints.

Source: SL 2010, ch 31, § 112.
S.D. Codified Laws § 5-1-16 — SD Code / Title 5 / Chapter 1 / Section 5-1-16
Promulgation of rules governing issue of paleontological excavation
Status: in_force

The commissioner of school and public lands shall promulgate rules pursuant to chapter 1-26 governing the issuance of permits required in § 5-1-15 . The rules shall include:

(1) Minimum permittee qualifications;

(2) Duration of permit;

(3) For excavation permits, coordination with the lessee for entry to the property for the purposes of the permit;

(4) For excavation permits, research designs that provide for the recovery of the maximum amount of scientific, paleontological, and educational information, in addition to the physical recovery of specimens and the reporting of paleontological information meeting current standards of scientific rigor;

(5) The need, if any, to submit data obtained in the course of field investigations to the commissioner;

(6) Proof of consultation with a qualified paleontologist regarding curation of collections;

(7) Fees not to exceed twenty - five dollars for an exploration permit and two hundred fifty dollars for an excavation permit; and

(8) Permit application forms.

Source: SL 1996, ch 36, § 2.
S.D. Codified Laws § 5-15-14 — SD Code / Title 5 / Chapter 15 / Section 5-15-14
Hilger's Gulch condemnation validated
Status: in_force

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 unimproved land in the area known as Hilger's Gulch in the city of Pierre adjacent to the existing capitol grounds, are hereby confirmed as if heretofore expressly conferred and the action is cured, validated, and legalized from its inception.

Source: SL 1961, ch 316, § 7; SL 2011, ch 2, § 63.
S.D. Codified Laws § 5-18A-17.6 — SD Code / Title 5 / Chapter 18A / Section 5-18A-17.6
Definitions applicable to §§5-18A-17to5-18A-17.5
Status: in_force

The terms used in §§ 5-18A-17 to 5-18A-17.5 , inclusive, mean:

(1) "State agency," each board, commission, committee, council, department, division, office, task force, or agency of state government. The term, state agency, does not include any authority created by the Legislature or executive order;

(2) "State officer," a person who is elected or appointed to serve a state agency. The term does not include a member of the Legislature, a person who serves without compensation, or a person who is only paid per diem in accordance with § 4-7-10.4 ;

(3) "Governing body," the Executive Board of the Legislative Research Council, the Supreme Court, the Board of Regents, the Public Utilities Commission, each constitutional officer, the Board of Trustees of the South Dakota Retirement System, the State Investment Council, or the Governor;

(4) "Administer a contract," decision making or substantive influence on the decision making concerning the manner, method, or means of a contract's performance or enforcement such as the ability to terminate, suspend, change terms, or evaluate the counter-party's performance under the contract. The term does not include review and approval of contract documents for matters of style and form or conformity with authorizing legislation or rule, mere clerical tasks such as posting, making, or reconciling payments or accounts under the contract, collecting or reporting fiscal data or other information in relation to the contract's performance, or relaying substantive decisions made by another person or body as to the manner, method, or means of a contract's performance or enforcement.

Source: SL 2015, ch 30, § 8.
S.D. Codified Laws § 5-2-11.3 — SD Code / Title 5 / Chapter 2 / Section 5-2-11.3
Previously recorded affidavits validated
Status: in_force

All recordations of affidavits or certified documents of the commissioner of school and public lands, as described in § 5-2-11.1 , prior to July 1, 1976, are hereby ratified and declared valid for all purposes.

Source: SL 1976, ch 55, § 3.
S.D. Codified Laws § 5-14-18 — SD Code / Title 5 / Chapter 14 / Section 5-14-18
Willful injury to public building or improvement--Penalty
Status: in_force

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, ch 2, § 45.
S.D. Codified Laws § 5-5-19 — SD Code / Title 5 / Chapter 5 / Section 5-5-19
Waste and burning on leased lands prohibited--Action for forfeiture and damages
Status: in_force

No lessee of land for agricultural purposes shall burn or permit to be burned any hay, straw, stubble, or cornstalks on the land covered by his lease, and the commission of such waste or any other waste upon any such land by the lessee shall cause a forfeiture of the lease and shall render the lessee liable to the state for damages caused by such waste. Actions to enforce the provisions of this section shall be prosecuted by the state's attorney of such county, whenever he is directed so to do by the commissioner of school and public lands, in any court of competent jurisdiction of the county in which the land is situated.

Source: SL 1917, ch 339, § 17; RC 1919, § 5649; SDC 1939, § 15.0413.
S.D. Codified Laws § 5-29-5 — SD Code / Title 5 / Chapter 29 / Section 5-29-5
Lands subject to school and public lands trust
Status: in_force

If any lands used for purposes of a research park are determined to be subject to the school and public lands trust established pursuant to S.D. Const., Art. VIII, § 7, then:

(1) A civil, state, religious, or public organization seeking to develop and to operate a research park may make application to the commissioner of school and public lands for conveyance pursuant to § 5-9-34 . If the Board of Regents agrees to transfer possession of the land, the commissioner may convey defeasible title as provided in § 5-9-35 for the purpose of operating a research park. Upon any reversion, the land shall once again be placed under the control of the Board of Regents as part of the campus from which it was originally severed; or

(2) The Board of Regents may select other lands under its control of equal value, as determined by the commissioner of school and public lands, and exchange such other lands for those comprising the research park in order to maintain the principal of the school and public lands trust.

Source: SL 2012, ch 46, § 5.
S.D. Codified Laws § 5-7-63 — SD Code / Title 5 / Chapter 7 / Section 5-7-63
Authority to withhold land from leasing--Rejection of application--Competitive bidding
Status: in_force

Nothing contained in this chapter may be construed as requiring the commissioner to offer any tract of land for lease. The commissioner may withhold any tract from leasing for mineral purposes, if, in his opinion, the best interests of the state would be served by so doing, and nothing contained in this chapter may be construed as prohibiting the commissioner from rejecting any application at any time prior to approval and offering acreage embraced therein for lease upon competitive bidding.

Source: SL 1993, ch 53, § 19.
S.D. Codified Laws § 5-5-21 — SD Code / Title 5 / Chapter 5 / Section 5-5-21
Action to enforce prohibition against subletting--Disposition of proceeds
Status: in_force

Any action to enforce the provisions of § 5-5-20 shall be prosecuted by the state's attorney of the county, if the state's attorney is directed so to do by the commissioner, in any court of competent jurisdiction of the county in which the land is situated. The gross amount awarded by the court shall be paid to the commissioner and credited to the same account and in the same manner as the lease rental on the lands is credited.

Source: SDC 1939, § 15.0417 as added by SL 1951, ch 44; SL 1994, ch 47, § 4.
S.D. Codified Laws § 5-18C-7 — SD Code / Title 5 / Chapter 18C / Section 5-18C-7
Municipal garbage disposal contracts and supply contracts
Status: in_force

For any contracts entered into pursuant to § 9-32-11 or for any supply contract, any local government may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor. The adjustments may not result in increases in the profit of the vendor, and shall be supported by written justification filed with the purchasing agent of the unit of local government.

Source: SL 2010, ch 31, § 91.
S.D. Codified Laws § 5-27-1 — SD Code / Title 5 / Chapter 27 / Section 5-27-1
State capital construction fund established
Status: in_force

There is hereby established within the state treasury the state capital construction fund into which shall be deposited the net proceeds to the state from the sale of on-line lottery tickets pursuant to § 42-7A-24 , and such other revenues as the Legislature may designate. The fund shall be a participating fund and shall be credited for all interest earned on fund balances. Expenditures from the fund shall be made only upon approval by the Legislature.

Source: SL 1993, ch 48, § 1; SL 1996, ch 47, § 1; SL 2018, ch 124, § 6.
S.D. Codified Laws § 5-9-1 — SD Code / Title 5 / Chapter 9 / Section 5-9-1
Selection of school and endowment lands to be sold--Amount sold each year
Status: in_force

The commissioner of school and public lands may select not more than fifty thousand acres from the school and endowment lands of the state, to be offered for sale in each fiscal year. However, in counties in which unsold school land amounts to more than five percent of the total acreage of the county, no more than twenty percent of the total acreage of such school land may be offered for sale, in any one year.

Source: SDC 1939, § 15.0301; SL 1949, ch 46; SL 1968, ch 34, § 1; SL 1975, ch 49; SL 1998, ch 31, § 1.
S.D. Codified Laws § 5-12-54 — SD Code / Title 5 / Chapter 12 / Section 5-12-54
Liability of authority and special purpose corporation
Status: in_force

The authority is not liable for any bond issued, incurred, or created by the corporation under §§ 5-12-48 to 5-12-59 , inclusive, or for any act or failure to act of the corporation. The corporation may not be liable for any obligation of the South Dakota Building Authority or for any act or failure to act by the building authority.

Source: SL 2001, ch 27, § 7.
S.D. Codified Laws § 5-14-35 — SD Code / Title 5 / Chapter 14 / Section 5-14-35
Initial determination of Bureau of Human Resources and Administration
Status: in_force

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, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-15-19 — SD Code / Title 5 / Chapter 15 / Section 5-15-19
Sale of property to public agencies--Advertisement not required--Approval by Board of Finance
Status: in_force

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 follow the procedures for other sales. However, no notice or advertisement for bid requirements or time of sale requirements applies to such sale. If the sale of any such property agreed to by the commission exceeds the sum of one hundred dollars, the sale shall be submitted by the commission to the State Board of Finance for approval and, if approved, a bill of sale may be executed by the commission.

Source: SL 1961, ch 316, § 2 (f); SL 1963, ch 321, § 1; SL 2011, ch 2, § 68.
S.D. Codified Laws § 5-7-21 — SD Code / Title 5 / Chapter 7 / Section 5-7-21
Advertising of oil and gas or geothermal leases--Conduct of auction
Status: in_force

Whenever an application is made for such an oil and gas or geothermal resources lease the commissioner of school and public lands shall advertise the lands for lease by the publication, once in each week for at least two successive weeks in a newspaper of general circulation published in the county where the lands are located, if there be one, or if there be none, in such newspaper as will be most likely to give notice of the leasing, of a notice stating the time and place at which the leasing of such lands will be held. The commissioner shall conduct the letting at public auction. The commissioner may establish such rules and regulations as in his judgment shall be necessary in order that the lands may be leased most profitably for the state and to carry out the provisions of this chapter. The lands shall be leased to the highest bidder but the commissioner shall have the right to reject any or all bids.

Source: SDC 1939, § 15.0510 as added by SL 1941, ch 53, § 1; SL 1972, ch 28, § 2; SL 1980, ch 40, § 6.
S.D. Codified Laws § 5-2-15 — SD Code / Title 5 / Chapter 2 / Section 5-2-15
Assignment to inferior lien holders of mortgages and sheriffs' certificates held by state--School fund mortgages
Status: in_force

All mortgages and sheriffs' certificates of sale in the name of the State of South Dakota shall be assignable to any person holding an inferior lien or having any other bona fide interest in the land covered by such mortgage or certificate whenever it shall appear to be to the best interest of the state to make such assignment and upon full payment of the principal and interest payable under such mortgages or certificates and the authority and power is hereby given to any board or commission having charge of any such liens to execute such assignments by and with the approval of the Governor endorsed thereon.

No such mortgage shall be assigned unless the conditions thereof have been broken. No school fund mortgage shall be assigned without approval of the board of county commissioners of the county wherein the real estate affected by such mortgage is situated.

Source: SL 1925, ch 223, § 1; SDC 1939, § 55.0204.
S.D. Codified Laws § 5-18B-15 — SD Code / Title 5 / Chapter 18B / Section 5-18B-15
Architect or engineer may not be contractor or construction manager on project exceeding one hundred thousand dollars--Exemption
Status: in_force

No person, firm, or corporation may act as architect or engineer and also as contractor or construction manager on any public improvement project if the amount to be expended exceeds one hundred thousand dollars. Any public improvement of an emergency nature that affects the public health and safety of the state and is funded through the use of an emergency appropriation or special appropriation, and any full-service firm that specializes in the design, fabrication, or installation of cultural or educational exhibits is exempt from this section.

Source: SL 2010, ch 31, § 54; SL 2017, ch 45, § 1.
S.D. Codified Laws § 5-18A-23 — SD Code / Title 5 / Chapter 18A / Section 5-18A-23
Purchase of foreign meat food products prohibited
Status: in_force

Except for canned meat food products that are not available from a domestic source, no purchasing agency may purchase any meat food products that are the products of any foreign country or that are imported from outside the boundaries of the United States.

Source: SL 2010, ch 31, § 26.
S.D. Codified Laws § 5-18A-10 — SD Code / Title 5 / Chapter 18A / Section 5-18A-10
Records of sole source procurement and emergency procurement contracts
Status: in_force

The purchasing agency shall maintain a record listing each contract made under sole source procurement and emergency procurement for a minimum of five years. The record shall contain:

(1) Each contractor's name;

(2) The amount and type of each contract; and

(3) A listing of the supplies, services, and public improvements procured under each contract.

Source: SL 2010, ch 31, § 11.
S.D. Codified Laws § 5-5-8 — SD Code / Title 5 / Chapter 5 / Section 5-5-8
Division or joining of tracts not leased at auction--Continuation and adjournment of auction
Status: in_force

If a tract is offered for lease and no satisfactory bid is received, the legal subdivisions of the tract may be separately offered; or such tract may be offered in connection with other tracts of agricultural or grazing lands within the county which have been offered and for which no acceptable bid has been received.

The auction shall continue from day to day until all tracts of lands advertised for lease have been offered. The commissioner may, for good cause, adjourn the auction for a period of not more than three days.

Source: SL 1917, ch 339, §§ 10, 11; RC 1919, §§ 5642, 5643; SL 1923, ch 257; SDC 1939, § 15.0406; SL 1987, ch 47, § 1; SL 1994, ch 47, § 2.
S.D. Codified Laws § 5-24A-15 — SD Code / Title 5 / Chapter 24A / Section 5-24A-15
Donations prohibited--Exception
Status: in_force

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, § 15.
S.D. Codified Laws § 5-18D-16 — SD Code / Title 5 / Chapter 18D / Section 5-18D-16
Soybean-based inks
Status: in_force

The Bureau of Human Resources and Administration shall purchase, if the price is reasonably competitive and the quality is acceptable, soybean-based inks in lieu of conventional inks for use in any state government operations. The bureau may require the use of soybean-based inks by any private vendor under contract to a state agency in carrying out the terms of the contract if the price of the inks is reasonably competitive and the quality is acceptable.

Source: SL 2010, ch 31, § 109; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-38.1 — SD Code / Title 5 / Chapter 12 / Section 5-12-38.1
Informational budget required
Status: in_force

Notwithstanding any other provisions of law, all funds received by the Building Authority shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature.

Source: SL 1984, ch 4, § 2.
S.D. Codified Laws § 5-14-1 — SD Code / Title 5 / Chapter 14 / Section 5-14-1
Classification of capital improvements
Status: in_force

Capital improvements shall be classified as follows:

(1) "New construction," expenditures authorized for new buildings or new facilities and includes the cost of architectural and engineering services, site preparation, constructing, furnishing, equipping such buildings and facilities for use, including heating, plumbing, ventilation, water, sewer, and electrical facilities with necessary connections to existing systems, the construction of sidewalks, and landscaping the grounds. No expenditures may be made for land acquisition costs from appropriations provided for new construction. This category does not include roads and highways constructed under the supervision of the Department of Transportation nor minor park improvements and dams constructed under the supervision of the Department of Game, Fish and Parks.

(2) "Land acquisition," expenditures authorized for the purchase of land and improvements affixed to the land including lease - purchase agreements of existing facilities. It also includes sewer, street, and curb and gutter improvements that may start at the time of purchase of the land or later result as improvements to the land so acquired.

Source: SL 1965, ch 255, § 3; SL 1967, ch 262, § 2; SL 1995, ch 73, § 2.
S.D. Codified Laws § 5-24-12 — SD Code / Title 5 / Chapter 24 / Section 5-24-12
Acceptance of gifts to state--Actions for recovery
Status: in_force

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 proceedings for the recovery of such property. However, if such gift is subject to any preexisting condition or contractual obligation, the Governor shall receive it only after determining that it is the best interest of the state to do so. A gift may be received subject to a preexisting condition or contractual obligation which it would be otherwise illegal to impose on state property if the property were already in the possession of the state.

Source: SDC 1939, § 55.1102; SL 1949, ch 216; SL 1977, ch 54, § 7; SL 1996, ch 46.
S.D. Codified Laws § 5-18B-21 — SD Code / Title 5 / Chapter 18B / Section 5-18B-21
Design-builder to be authorized
Status: in_force

No design-builder may do business in this state unless authorized as either an architect, engineer, or general contractor.

Source: SL 2010, ch 31, § 60.
S.D. Codified Laws § 5-7-34 — SD Code / Title 5 / Chapter 7 / Section 5-7-34
Apportionment of receipts from leasing of school, indemnity and endowment lands
Status: in_force

All money received from the leasing of all common school, indemnity, and endowment lands for oil and gas and other mineral or geothermal resources leasing of said lands shall be apportioned as follows:

Fifty percent shall be credited to the permanent school funds and fifty percent thereof into the several interest and income funds in the following proportions, to wit:

Common school 82.02289745

South Dakota State University 4.66838105

University of South Dakota 2.51170245

Educational and charitable .72960665

Department of Corrections, juvenile programs 1.16718575

School for Deaf 1.16728565

School for Blind and Visually Impaired .72952995

South Dakota Developmental Center--Redfield 1.16726135

School of Mines and Technology 1.16728735

Black Hills and Dakota State Universities 3.11243403

Northern State University 1.55642832

Source: SL 1955, ch 53; SL 1985, ch 39, § 3; SL 1989, ch 170, § 1; SL 1989, ch 238, § 4; SL 1998, ch 110, § 3; SL 2002, ch 132, § 3.
S.D. Codified Laws § 5-18D-21 — SD Code / Title 5 / Chapter 18D / Section 5-18D-21
Exemption of certain professional service contracts
Status: in_force

The provisions of §§ 5-18D-17 to 5-18D-20 , inclusive, do not apply to contracts issued for:

(1) Services of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required;

(2) Emergency services necessary to meet an urgent or unexpected requirement or if health and public safety or the conservation of public resources is at risk;

(3) Services subject to federal law, regulation, or policy or state statute, under which a state agency is required to use a different selection process or to contract with an identified contractor or type of contractor;

(4) Services for professional legal services;

(5) Services of expert witnesses, hearing officers, or administrative law judges retained by state agencies for administrative or court proceedings;

(6) Services involving state or federal financial assistance passed through by a state agency to a political subdivision;

(7) Medical services and home and community-based services;

(8) Services to be performed for a state agency by another state or local government agency or contracts made by a state agency with a local government agency for the direct provision of services to the public; or

(9) Services to be provided by entertainers for the state fair and other events.

Source: SL 2010, ch 31, § 115.
S.D. Codified Laws § 5-5-5 — SD Code / Title 5 / Chapter 5 / Section 5-5-5
Publication of notice of leasing auction
Status: in_force

If land situated in a county is designated for leasing as provided in § 5-5-3 , such land shall be advertised for lease at public auction by the publication of a notice stating the time and place at which the leasing of the land will begin. The notice shall be published once each week for at least four consecutive weeks in the official newspapers of the county in which the land is located.

Source: SL 1917, ch 339, § 5; RC 1919, § 5637; SL 1923, ch 256, § 1; SDC 1939, § 15.0405; SL 1982, ch 50, § 1.
S.D. Codified Laws § 5-22-12 — SD Code / Title 5 / Chapter 22 / Section 5-22-12
Right of action not lost by loss of lien
Status: in_force

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 of the work hereinbefore mentioned, to maintain an action against the person liable therefor.

Source: SL 1895, ch 133, § 7; RCCivP 1903, § 719; RC 1919, § 1666; SDC 1939, § 39.0907.
S.D. Codified Laws § 5-7-24.1 — SD Code / Title 5 / Chapter 7 / Section 5-7-24.1
Royalty provisions in geothermal leases--Renegotiation--Annual rental
Status: in_force

All geothermal leases shall provide for the payments of royalty to the state. The royalty payments shall consist of:

(1) Not less than ten percent of the gross revenue, exclusive of charges, approved by the commissioner of school and public lands, that were made or incurred with respect to transmission or other services or processes, received from the sale of steam, brines, from which no minerals have been extracted, and associated gases at the point of delivery to the purchaser; and

(2) A royalty of five percent of the gross revenue, exclusive of charges, approved by the commissioner, that were made or incurred with respect to transmission or other services or processes, received from the sale of mineral products or chemical compounds recovered from geothermal fluids or chemical compounds.

All royalties shall be subject to renegotiation after ten years from the effective date of the lease and at ten - year intervals thereafter.

All geothermal leases shall provide for the payment of a reasonable annual rental, as fixed by the rules and regulations of the commissioner of school and public lands, but in no event to be less than one dollar per acre per year.

Source: SL 1980, ch 40, § 9.
S.D. Codified Laws § 5-14-22 — SD Code / Title 5 / Chapter 14 / Section 5-14-22
Sale or lease of real property for public purpose or industrial development--Authorization of lease--Legislature to approve sales
Status: in_force

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 or industrial development purpose as enumerated in § 9-54-1 . The lease shall be authorized on the terms and in the manner provided by the Legislature. Each sale is subject to approval by an act of the Legislature.

Source: SL 1976, ch 63, § 1; SL 1977, ch 48, § 1; SL 2011, ch 2, § 46.
S.D. Codified Laws § 5-18D-8 — SD Code / Title 5 / Chapter 18D / Section 5-18D-8
Procurement management internal service fund created
Status: in_force

There is hereby created in the state treasury a procurement management internal service fund. The commissioner of human resources and administration shall apportion all expenses incurred in the administration of the procurement management system to all state departments, agencies, and institutions utilizing such system. Payments received therefrom shall be deposited into the procurement management internal service fund.

Source: SL 2010, ch 31, § 101; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-52 — SD Code / Title 5 / Chapter 18A / Section 5-18A-52
Prohibited foreign contracts--Grounds for waiver
Status: in_force

The commissioner of the Bureau of Human Resources and Administration, or the commissioner's designee, or the governing board of a unit of local government, as applicable, may waive the prohibition set forth in § 5-18A-50 and the certification required in § 5-18A-51 , except as prohibited by federal law, if:

(1) Compliance is not possible;

(2) The supplies or services subject to the contract are unique or would be otherwise unavailable; or

(3) There is no other market participant.

Source: SL 2023, ch 18, § 4; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-10-24 — SD Code / Title 5 / Chapter 10 / Section 5-10-24
Maximum price bid by state--Allowance for prior encumbrances
Status: in_force

The maximum price which the commissioner of school and public lands shall bid for any such property at any such sale shall be determined by an appraisement, to be made in the same manner that the school and public lands of the state are by law required to be appraised, but such price shall never exceed the amount of prior encumbrances, judgments, interest, and costs.

Source: SL 1911, ch 224, § 84; RC 1919, § 5714; SDC 1939, § 15.0608.
S.D. Codified Laws § 5-15-27 — SD Code / Title 5 / Chapter 15 / Section 5-15-27
Procurement of office space outside capitol building
Status: in_force

The Bureau of Human Resources and Administration shall also, under the direction of the commissioner of human resources and administration, and with the consent of the Governor, arrange for procuring office rooms outside of the capitol where necessity requires.

Source: SL 1925, ch 115, ch II, art VI, § 2; SDC 1939, § 55.2702; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-24A-12 — SD Code / Title 5 / Chapter 24A / Section 5-24A-12
Hazardous materials
Status: in_force

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 those materials.

Source: SL 2008, ch 32, § 12.
S.D. Codified Laws § 5-7-28 — SD Code / Title 5 / Chapter 7 / Section 5-7-28
Grounds for refusal to approve assignment of lease
Status: in_force

The commissioner of school and public lands shall have the right to refuse approval of any assignment not executed in proper form or by the proper person or persons, or when the lease is not in good standing as to the assigned tracts, or when litigation is pending affecting the lease or the interest of any person therein.

Source: SL 1931, ch 203, § 4; SDC 1939, § 15.0512.
S.D. Codified Laws § 5-24A-7 — SD Code / Title 5 / Chapter 24A / Section 5-24A-7
Property with fair market value less than one hundred dollars
Status: in_force

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 of the property as scrap;

(5) Exchange as trade-in for replacement equipment;

(6) Sales through agents for a negotiated fee;

(7) Direct sales to the public for established prices;

(8) Cannibalization; or

(9) Disposal at a landfill, recycling center, or other waste facility.

Source: SL 2008, ch 32, § 7.
S.D. Codified Laws § 5-12-17 — SD Code / Title 5 / Chapter 12 / Section 5-12-17
Authority's power to use facilities for other purposes on nonpayment of rent--Appropriations and funds from which rent payable
Status: in_force

The Building Authority may, in the event of nonpayment of rents reserved in such leases, maintain and operate such facilities and sites or execute leases thereof to others for any suitable purposes. Such leases to the officers, departments, boards, commissions, other agencies, or the Board of Regents of the State of South Dakota shall contain the provision that rents under said leases shall be payable solely from appropriations to be made by the Legislature for the payment of such rent and any revenues derived by the authority from the operation of the leased premises; and, in the case of the Board of Regents, may contain an additional provision that rents under said leases may be payable from the educational facilities fund established by § 13-51-2 .

Source: SL 1967, ch 276, § 5; SL 1975, ch 51, § 1; SL 1989, ch 20, § 62.
S.D. Codified Laws § 5-18D-27 — SD Code / Title 5 / Chapter 18D / Section 5-18D-27
Appeal of state auditor stop order
Status: in_force

From any order or decision of the state auditor stopping execution of any contract obligation of the state, any person aggrieved or interested may appeal to the State Board of Finance at any time within twenty days after the stop order was filed with either the attorney general, the secretary of state, the state treasurer, or the department involved by serving notice of appeal on the state auditor and the Governor. The notice shall state the decision being appealed and shall ask for a hearing on the appeal. Upon receiving the notice, the Governor shall call a meeting of the State Board of Finance. The board shall consider the appeal, make a decision, enter the decision in the journal, and give notice to the appellant and the department involved. Any order of the Board of Finance as expressed in the board's decision is binding upon the state department, institution, agency, or office involved and shall be carried out accordingly.

Source: SL 2010, ch 31, § 25.
S.D. Codified Laws § 5-2-1 — SD Code / Title 5 / Chapter 2 / Section 5-2-1
Acquisition of options for additional lands for institutions
Status: in_force

If, in the judgment of the State Board of Regents or of a department head, it is deemed essential to the welfare of any state institution under their control to acquire additional lands for any such institution, the board or department head may, upon the written approval of the Governor, buy an optional right to purchase any such tract or tracts of lands. Every such option shall cover a period expiring not less than thirty days after adjournment of the next regular session of the Legislature.

Source: SL 1919, ch 28, § 1; SDC 1939, § 55.0202; SL 1989, ch 20, § 51.
S.D. Codified Laws § 5-15-2 — SD Code / Title 5 / Chapter 15 / Section 5-15-2
Commission members--Appointment and terms
Status: in_force

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 by the Governor. The member appointed by the speaker of the House of Representatives and the member appointed by the president pro tempore of the Senate are appointed for a term of two years. The members appointed by the Governor are appointed for a term of four years and may not all be of the same political party. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1955, ch 300, § 1; SL 1957, ch 340, § 1; SDC Supp 1960, § 55.02A01; SL 1961, ch 316, § 1 (a); SL 1980, ch 48, §§ 3, 4; SL 1982, ch 55, § 3; SL 1989, ch 52; SL 2011, ch 2, § 51; SL 2024, ch 23, § 1.
S.D. Codified Laws § 5-7-48 — SD Code / Title 5 / Chapter 7 / Section 5-7-48
Preferential right of lessee to renew or purchase leased lands
Status: in_force

Any lessee of lands subject to a mineral lease, or the heirs, successors or assigns of such lessee, have a preferential right to renew the lease or to purchase or lease any estate in such lands that the state intends to sell, lease, or otherwise dispose of during the term of the mineral lease on the same terms and conditions as the state otherwise intends to lease, sell, or otherwise dispose of such estate. If the mineral lessee does not exercise such preferential right and the commissioner sells or leases any estate in such lands subject to a mineral lease, including an estate or lease for agricultural, meadow, pasturage, or other purposes, the rights of the purchaser or lessee of such estate are subordinate to the rights of the mineral lessee.

Source: SL 1993, ch 53, § 4.
S.D. Codified Laws § 5-15-29.1 — SD Code / Title 5 / Chapter 15 / Section 5-15-29.1
Building depreciation fund--Expenditures
Status: in_force

There is hereby established a building depreciation fund in which funds collected for depreciation pursuant to § 5-15-29 shall be deposited. Expenditures from such fund shall be made only upon approval of the Legislature or the special committee created by chapter 4-8A .

Source: SL 1979, ch 35, § 2.
S.D. Codified Laws § 5-1-9 — SD Code / Title 5 / Chapter 1 / Section 5-1-9
Records of subdivisions granted to state--Organization and contents
Status: in_force

The commissioner of school and public lands shall cause to be prepared and kept in his office a record of each subdivision of lands granted to the state for all purposes. For the lands embraced within each grant for a distinct and specific purpose, separate books of record shall be provided. Such books shall contain a description of each subdivision, and in columns opposite such description there shall be recorded, as may be required, the appraised value of the tract, date of lease, name of lessee, term of lease, and amount of annual rental, date of sale, name of purchaser, price, amount paid in cash, amount unpaid and when due, amount of annual interest, date of patent, name of patentee, and such other information as may be necessary to make a full and complete abstract of the condition of such tract.

Source: SL 1911, ch 224, § 2; RC 1919, § 5629; SDC 1939, § 15.0104.
S.D. Codified Laws § 5-11-3 — SD Code / Title 5 / Chapter 11 / Section 5-11-3
Computation of value of school lands within school districts--Addition to tax base
Status: in_force

The county auditor of each county shall ascertain the average assessed valuation per acre of all taxable agricultural lands within the several school districts of his county, within the boundaries of which are school and endowment lands after the assessments of such lands have been finally equalized, and shall multiply such average assessed valuation by the number of acres of school and endowment lands and the resultant figure shall be added to the assessed valuation of such district to arrive at the rate of levy in mills for each school district.

Source: SL 1965, ch 256, § 3.
S.D. Codified Laws § 5-27-5 — SD Code / Title 5 / Chapter 27 / Section 5-27-5
Transfer of funds to state highway fund
Status: in_force

In fiscal year 2019, the Bureau of Finance and Management shall transfer each month fourteen and one-half percent of the monthly state capital construction fund revenues from the state capital construction fund to the state highway fund. In fiscal year 2020, the Bureau of Finance and Management shall transfer each month twenty-three percent of the monthly state capital construction fund revenues from the state capital construction fund to the state highway fund. In fiscal year 2021, the Bureau of Finance and Management shall transfer each month twenty-nine percent of the monthly state capital construction fund revenues from the state capital construction fund to the state highway fund. In fiscal year 2022, the Bureau of Finance and Management shall transfer each month thirty-four percent of the monthly state capital construction fund revenues from the state capital construction fund to the state highway fund. Beginning in fiscal year 2023 and each year thereafter, the Bureau of Finance and Management shall transfer each month thirty-six percent of the monthly state capital construction fund revenues from the state capital construction fund to the state highway fund.

Source: SL 1993, ch 48, § 25A; SL 1996, ch 47, § 6; SL 1998, ch 218, § 3; SL 2002, ch 170, § 4; SL 2018, ch 124, § 8.
S.D. Codified Laws § 5-15-7 — SD Code / Title 5 / Chapter 15 / Section 5-15-7
Plans for enlargement, restoration, and beautification of complex
Status: in_force

The commission shall make all necessary plans for the enlargement, restoration, and beautification of the capitol complex or additions thereto, including uniform plans and specifications for its development.

Source: SL 1961, ch 316, § 2 (a); SL 1980, ch 48, § 5; SL 2011, ch 2, § 56.
S.D. Codified Laws § 5-25-2 — SD Code / Title 5 / Chapter 25 / Section 5-25-2
Vehicle operation and mileage records--Report attached to claim for reimbursement
Status: in_force

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 miles traveled each day according to speedometer registration and the total speedometer mileage at the beginning and at the end of each travel period, together with all operating expenses incurred for that period.

Source: SL 1953, ch 303, § 2; SDC Supp 1960, § 55.1109; SL 2011, ch 2, § 97.
S.D. Codified Laws § 5-22-6 — SD Code / Title 5 / Chapter 22 / Section 5-22-6
Pro rata distribution if contract proceeds insufficient--Deficiency judgment against contractor--Restriction on public liability
Status: in_force

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 several claims; and may render proper judgment against the contractor for any deficiencies.

The public body shall not be liable in any event for more than the amount due to the contractor under provisions of these statutes for any costs of the action.

Source: SL 1895, ch 133, § 4; RCCivP 1903, § 716; RC 1919, § 1663; SDC 1939, § 39.0904.
S.D. Codified Laws § 5-18B-2 — SD Code / Title 5 / Chapter 18B / Section 5-18B-2
Certified check or cashier's check for percentage of bid or bid bond required
Status: in_force

If the invitation for bids is for the construction of a public improvement, each bid shall contain a certified check or a cashier's check, for five percent of the amount of the bid. Such check shall be certified or issued by either a state or a national bank and payable to the purchasing agency or to an officer of the purchasing agency letting the contract and inviting bids. In lieu of a check, a bid may contain a bid bond for ten percent of the amount of the bid. Such bond to be issued by a surety authorized to do business in this state payable to the purchasing agency, as a guaranty that the bidder will enter into a contract with the purchasing agency, its board or officers thereof, in accordance with the terms of the letting and bid in case the bidder be awarded the contract.

Source: SL 2010, ch 31, § 41.
S.D. Codified Laws § 5-4-3 — SD Code / Title 5 / Chapter 4 / Section 5-4-3
Map of waterworks to be filed
Status: in_force

Prior to the construction of any canal, ditch, or waterway over or across any school or public lands of this state under the provisions of § 5-4-2 , there shall be filed in the Office of the Commissioner of School and Public Lands a map or plat of such proposed canal, ditch, or waterway, clearly indicating the course of the same and the acreage required in its construction and the amount of land proposed to be taken out of each smallest legal subdivision of such school or public lands in the construction of the canal, ditch, or waterway.

Source: SL 1907, ch 180, § 59; RC 1919, § 8258; SDC 1939, § 61.0148; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0134.
S.D. Codified Laws § 5-24-1 — SD Code / Title 5 / Chapter 24 / Section 5-24-1
Annual inventory of personal property required of local officers and employees
Status: in_force

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 ten days thereafter, make in duplicate an inventory of all the public personal property. School employees designated by the school board shall make such inventory annually by June thirtieth and file it as provided in § 5-24-3 .

Source: SDC 1939, § 48.0501; SL 1961, ch 257; SL 1970, ch 41; SL 1975, ch 61, § 1; SL 1977, ch 54, § 1; SL 1983, ch 36, § 1; SL 2001, ch 31, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-17.2 — SD Code / Title 5 / Chapter 18A / Section 5-18A-17.2
Authorization of officer or employee to be a party to or derive direct benefit from contract
Status: in_force

A governing body may authorize an officer or employee whose responsibilities include approving, awarding, or administering a contract on behalf of a state agency or supervising any employee who has these responsibilities to be a party to or derive a direct benefit from a contract if:

(1) The officer or employee has provided full written disclosure to the governing body;

(2) The governing body has reviewed the essential terms of the transaction or contract and the state officer's or employee's role in the contract or transaction; and

(3) The transaction and the terms of the contract are fair, reasonable, and not contrary to the public interest.

The authorization shall be in writing. Any authorization given pursuant to this section is a public record. Each authorization shall be filed with the commissioner of human resources and administration, who shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee.

Source: SL 2015, ch 30, § 4; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-2 — SD Code / Title 5 / Chapter 18A / Section 5-18A-2
Application to purchasing agency contracts
Status: in_force

Unless otherwise authorized by law, the provisions of this chapter and chapters 5-18B , 5-18C , and 5-18D apply to all contracts issued by any purchasing agency.

Source: SL 2010, ch 31, § 3.
S.D. Codified Laws § 5-18B-17 — SD Code / Title 5 / Chapter 18B / Section 5-18B-17
Contractor's excise tax license
Status: in_force

No purchasing agency may award any contract for the construction of any public improvement unless the purchasing agency has verified with the Department of Revenue that the contractor has a contractor's excise tax license pursuant to chapter 10-46A or 10-46B .

Source: SL 2010, ch 31, § 56; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 35, eff. Apr. 12, 2011.
S.D. Codified Laws § 5-4-17 — SD Code / Title 5 / Chapter 4 / Section 5-4-17
Liability for damages
Status: in_force

Anyone engaging in any of the activities prohibited by § 5-4-15 , 5-4-16 , or 34-35-9 is liable for all damages caused by the fire and all fire suppression and extinguishment costs. Criminal prosecution is not a prerequisite to liability for damages or for fire suppression and extinguishment cost.

Source: SL 1997, ch 239, § 3.
S.D. Codified Laws § 5-22-3 — SD Code / Title 5 / Chapter 22 / Section 5-22-3
Endorsement and report of accounts filed with public officer--Time of attachment of lien--Receipt or certified copy given
Status: in_force

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 officer shall, if demanded, give the person filing, a receipt showing such date of filing or a certified copy of the account or substantial abstract thereof and filing thereon.

Source: SL 1895, ch 133, § 3; RCCivP 1903, § 715; RC 1919, § 1662; SDC 1939, § 39.0903.
S.D. Codified Laws § 5-18D-23 — SD Code / Title 5 / Chapter 18D / Section 5-18D-23
Notice of intent to purchase property or liability insurance or performance bonds
Status: in_force

The Bureau of Human Resources and Administration shall publish notice of its intent to purchase property or liability insurance or performance bonds. Publication of a notice containing a description of the coverage sought as a display advertisement in at least three newspapers of general circulation in different parts of the state at least sixty days prior to the purchase, along with publication in the South Dakota Register, shall be considered compliance with the notice requirements of this section.

The notice provisions of this section do not apply to expenditures of less than five thousand dollars.

Source: SL 2010, ch 31, § 117; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-15-23 — SD Code / Title 5 / Chapter 15 / Section 5-15-23
Promulgation of rules for complex restoration and beautification
Status: in_force

The commission may promulgate rules, pursuant to chapter 1-26 , necessary and proper for the purposes of and not inconsistent with §§ 5-15-1 to 5-15-20 , inclusive.

Source: SL 1961, ch 316, § 2 (e); SL 2006, ch 2, § 19; SL 2011, ch 2, § 70.
S.D. Codified Laws § 5-24-13 — SD Code / Title 5 / Chapter 24 / Section 5-24-13
Acceptance and distribution of federal surplus property--Records
Status: in_force

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, exchange, and distribution of them to all eligible institutions. The commissioner of human resources and administration shall appoint an administrator who shall keep and maintain an accurate record of all property received and distributed. The record is subject to audit by the Department of Legislative Audit.

Source: SL 1953, ch 286; SL 1959, ch 292, § 3; SDC Supp 1960, § 55.1110; SL 1975, ch 62, § 1; SL 1976, ch 62; SL 2011, ch 2, § 94; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-49 — SD Code / Title 5 / Chapter 18A / Section 5-18A-49
Forms for acknowledging review of conflict of interest policy and disclosing conflicts
Status: in_force

Any person holding a statewide office as defined in § 12-27-1 , and any head of an agency in the executive branch, shall annually sign a form, as created by the Bureau of Human Resources and Administration, acknowledging that the person has reviewed the state conflict of interest policy and disclosing any conflicts that have not previously been disclosed. The Bureau of Human Resources and Administration shall compile the forms and present them annually for review by the Government Operations and Audit Committee.

Source: SL 2018, ch 44, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18B-27 — SD Code / Title 5 / Chapter 18B / Section 5-18B-27
Performance criteria developer to be purchasing agency employee or engaged in accordance with statutorial procedures--Delegation
Status: in_force

The performance criteria developer shall be either an employee of the purchasing agency or shall be engaged in accordance with statutorial procedures for contracting with professional services. With the approval of the purchasing agency, the developer may delegate or contract for the development of specific aspects of the design criteria to other consultants. The performance criteria developer may be retained at the purchasing agency's option through to the completion of the design-build contract.

Source: SL 2010, ch 31, § 66.
S.D. Codified Laws § 5-14-32 — SD Code / Title 5 / Chapter 14 / Section 5-14-32
Definitions
Status: in_force

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 Leadership in Energy and Environmental Design rating system in effect as of November 18, 2013;

(b) A two globe rating under the Green Building Initiative's Green Globes rating system as of July 31, 2013; or

(c) A comparable numeric rating under a sustainable building certification program recognized by the American National Standards Institute as an accredited standards developer;

(2) "New construction," any new building constructed by any state agency, department, institution, or the Board of Regents, which:

(a) Has a cost of at least one million dollars or contains at least ten thousand square feet of space; and

(b) Has heating, ventilation, or air conditioning.

Source: SL 2008, ch 30, § 1; SL 2010, ch 29, § 1; SL 2015, ch 50, § 1; SL 2021, ch 31, § 1.
S.D. Codified Laws § 5-5-6.1 — SD Code / Title 5 / Chapter 5 / Section 5-5-6.1
Minimum rental rate for agricultural lands
Status: in_force

The commissioner of school and public lands shall establish the minimum annual rental rate per acre of all agricultural lands which are administered by the commissioner. The minimum annual rental rate per acre shall be the rate at which bidding is started. In fixing the minimum annual rental per acre, the following factors shall be considered:

(1) Location, accessibility, and utility of the land as influenced by roads, easements, and topography;

(2) Soil capabilities;

(3) Climate; and

(4) Current rental rates prevailing in the county in which such lands are situated.

Source: SL 1985, ch 37, § 8.
S.D. Codified Laws § 5-24A-6 — SD Code / Title 5 / Chapter 24A / Section 5-24A-6
Property with fair market value greater than one hundred dollars
Status: in_force

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 for replacement equipment;

(4) Private direct sales at no less than ninety percent of the fair market value;

(5) Direct sales to any authorized entity at no less than ninety percent of the fair market value; or

(6) Cannibalization.

If the expense of disposal under this section would reduce the net disposal value of the property to less than one hundred dollars, the property may be disposed of pursuant to the provisions of § 5-24A-7 .

Source: SL 2008, ch 32, § 6.
S.D. Codified Laws § 5-7-51 — SD Code / Title 5 / Chapter 7 / Section 5-7-51
Relinquishment of prospecting permit
Status: in_force

Any legal owner of any prospecting permit issued by the commissioner prior to July 1, 1993, if not in default of any of the provisions thereof, may relinquish such permit to the state and, upon application filed at the time of filing such relinquishment, the commissioner shall issue a lease in accordance with the provisions of this chapter.

Source: SL 1993, ch 53, § 7.
S.D. Codified Laws § 5-12-8 — SD Code / Title 5 / Chapter 12 / Section 5-12-8
Studies and investigations of land needs
Status: in_force

The authority may make thorough and continuous studies and investigations of land located within the State of South Dakota that is highly - erodible cropland and which is subject to a contract with the United States secretary of agriculture pursuant to the United States Conservation Reserve Program.

Source: SL 1967, ch 276, § 3; SL 1988, ch 50, § 3; SL 1988, ch 51, § 2; SL 1994, ch 50, § 1.
S.D. Codified Laws § 5-24-3 — SD Code / Title 5 / Chapter 24 / Section 5-24-3
Place of filing of duplicate inventories
Status: in_force

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 inventory with the county auditor. All municipal officers and employees shall file one copy of the annual inventory with the city auditor, finance officer, or town clerk of their respective municipalities. All township officers and employees shall file one copy of the annual inventory with the clerks of their respective townships. All school employees shall file one copy of the annual inventory with the business manager.

Source: SL 1903, ch 220, §§ 1 to 3; SL 1913, ch 293, § 1; RC 1919, § 7048; SDC 1939, § 48.0501; SL 1975, ch 61, § 3; SL 1983, ch 36, § 3; SL 1984, ch 30, § 80; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-29-12 — SD Code / Title 5 / Chapter 29 / Section 5-29-12
Lease period limit
Status: in_force

No lease granted pursuant to this chapter may have a duration exceeding ninety-nine years.

Source: SL 2012, ch 46, § 12.
S.D. Codified Laws § 5-12-48.1 — SD Code / Title 5 / Chapter 12 / Section 5-12-48.1
Authority may invest funds in certain permitted investments
Status: in_force

In addition to all other powers established pursuant to chapter 5-12 , the building authority may invest its funds or the funds under its control or direction in permitted investments as defined in subdivision 5-12-48(10).

Source: SL 2002, ch 31, § 1.
S.D. Codified Laws § 5-10-1.1 — SD Code / Title 5 / Chapter 10 / Section 5-10-1.1
Board of Regents endowed institution interest and income fund created
Status: in_force

There is hereby created in the state treasury a fund called the Board of Regents endowed institution interest and income fund to be administered by the commissioner of school and public lands. Any investments of money in the fund shall be made by the State Investment Council. No allocations or expenditures may be made from the fund except as provided in § 5-10-1.2 . The fund shall be declared a participating fund and it shall be credited for all interest, dividends, and other income earned on fund balances, in accordance with the provisions of § 5-10-18.3 .

Source: SL 1989, ch 50, § 1; SL 1997, ch 37, § 2; SL 2001, ch 26, § 4.
S.D. Codified Laws § 5-7-42 — SD Code / Title 5 / Chapter 7 / Section 5-7-42
Amount of royalty for leases of lands assigned oil and gas royalty increment status
Status: in_force

Notwithstanding the provisions of § 5-7-24 , the commissioner may offer oil and gas leases for lands assigned oil and gas royalty increment status with a royalty of one - sixteenth of the oil and gas produced, saved and marketed from the leased lands for the first three years of the lease. The royalty on the lease shall automatically increase to one - twelfth of the oil and gas produced, saved and marketed from the leased lands for the second three years of the lease. Thereafter, the royalty on the lease shall automatically increase to a minimum of one - eighth of the oil and gas produced, saved and marketed from the leased lands, as established by the commissioner. All other terms of the oil and gas lease for state minerals assigned royalty increment status shall be the same as the standard oil and gas lease for state minerals.

Source: SL 1992, ch 43, § 2.
S.D. Codified Laws § 5-12-21 — SD Code / Title 5 / Chapter 12 / Section 5-12-21
Purposes for which bonds issued--Refunding and refinancing--Pledge of income
Status: in_force

To accomplish projects of the kind authorized in this chapter, the Building Authority may borrow money and issue and sell bonds in such amount or amounts as the authority may determine for the purpose of acquiring, constructing, completing, or remodeling, maintaining or equipping any such facility; refund and refinance the same from time to time as often as advantageous and in the public interest to do so; and pledge any and all income of the authority, and any revenues derived by the authority from the facilities, or any combination thereof, to secure the payment of the bonds and to redeem the bonds. All such bonds are subject to the provisions of §§ 5-12-22 to 5-12-25 , inclusive. Any construction project in the amount of one million five hundred thousand dollars or more which is funded by the Building Authority may, at the option of the Building Authority, have a representative of the Building Authority act as a member of the State Building Committee pursuant to § 5-14-3 .

Source: SL 1967, ch 276, § 5; SL 1975, ch 51, § 2; SL 1994, ch 50, § 8.
S.D. Codified Laws § 5-15-11 — SD Code / Title 5 / Chapter 15 / Section 5-15-11
Plats and surveys of capitol complex--Opening and vacating streets and alleys--Utility facilities
Status: in_force

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 thereof to the city of Pierre, South Dakota, and to the public, for sewer, water, and electricity, and other facilities. The commission may vacate any streets or alleys in the manner provided by law in the areas acquired by the commission or bordering on or adjacent thereto. The commission may make agreements with the city for replacement of its facilities in any vacated streets within the area and grant easements for erection and maintenance of other necessary facilities and utilities.

Source: SL 1961, ch 316, § 2 (h); SL 1963, ch 321, § 2; SL 1980, ch 48, § 7; SL 2011, ch 2, § 60.
S.D. Codified Laws § 5-18A-27 — SD Code / Title 5 / Chapter 18A / Section 5-18A-27
List of states with resident bidder preferences
Status: in_force

The Bureau of Human Resources and Administration shall maintain a current list of all states that have a resident bidder preference law and the amount or percent of preference taken by each state. The bureau shall make the list available upon request to any purchasing agency.

Source: SL 2010, ch 31, § 30; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-36 — SD Code / Title 5 / Chapter 18A / Section 5-18A-36
Performance and payment bond or approved security
Status: in_force

For any public improvement contract, a performance and payment bond is required pursuant to chapter 5-21 . For any other contract, a purchasing agency may require a bond or an approved security to be provided by the successful offeror or bidder as a guarantee of faithful performance of the contract. In any case, the bond or approved security of the successful offeror or bidder shall be returned upon satisfactory completion of the contract.

Source: SL 2010, ch 31, § 39.
S.D. Codified Laws § 5-18B-41 — SD Code / Title 5 / Chapter 18B / Section 5-18B-41
Manager-agent
Status: in_force

No construction manager-agent may contract directly with any contractor or supplier for the project.

Source: SL 2010, ch 31, § 80.
S.D. Codified Laws § 5-14-4 — SD Code / Title 5 / Chapter 14 / Section 5-14-4
Bureau review and approval of new construction plans and costs
Status: in_force

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, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-13 — SD Code / Title 5 / Chapter 18A / Section 5-18A-13
Centralized public bid exchange created
Status: in_force

There is hereby created a centralized public bid exchange. The Bureau of Human Resources and Administration shall establish the exchange either within the bureau or within another public or private organization. The purpose of the exchange is to facilitate the publishing of official state and political subdivision bids to provide greater notice to bidders and to the state and its political subdivisions. The exchange shall maintain a list of all state bids and proposals and all bids and proposals provided by political subdivisions which participate in the exchange. The exchange shall set and charge each bidder, offeror, or political subdivision or both a fee for participation in the exchange to defray the cost of administering the exchange.

Source: SL 2010, ch 31, § 14; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-20 — SD Code / Title 5 / Chapter 12 / Section 5-12-20
Resolutions for revenue bonds authorized--Purpose--Legislative approval required
Status: in_force

The Building Authority may provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of one or a combination of projects. However, no project may be let for construction, nor any revenue bonds be sold to raise the funds for payment of such construction until after the Legislature by law declares the project to be in the public interest and no revenue bonds may be sold to raise funds for the accomplishment of any project of the kind listed in this chapter until after the Legislature by law declares the project to be in the public interest.

Source: SL 1967, ch 276, § 10; SL 1973, ch 38; SL 1988, ch 50, § 6; SL 1994, ch 50, § 7.
S.D. Codified Laws § 5-18C-4 — SD Code / Title 5 / Chapter 18C / Section 5-18C-4
Water, sanitary sewer, and storm sewer trunk lines or mains, sewer collection systems, streets, and regional storm sewer detention ponds installed at developer's expense
Status: in_force

If a municipality requires a developer to install water, sanitary sewer, and storm sewer trunk lines or mains; sewer collection systems; or streets at the expense of the developer and the municipality requires the size of the trunk line or main, sewer collection systems, or streets to be larger than the developer's requirements, the price difference paid by the municipality and as determined by a licensed engineer's estimate is exempt from the provisions of this chapter and chapters 5-18A , 5-18B , and 5-18D .

If a developer installs a regional storm sewer detention pond ahead of a municipality's schedule at the expense of the developer, the price of the pond construction paid by the municipality and based on certified quantities provided by a licensed engineer is exempt from the provisions of this chapter and chapters 5-18A , 5-18B , and 5-18D .

Source: SL 2010, ch 31, § 88; SL 2012, ch 45, § 1.
S.D. Codified Laws § 5-12-51 — SD Code / Title 5 / Chapter 12 / Section 5-12-51
Purposes of special purpose corporation
Status: in_force

The purposes of the corporation established by the authority pursuant to §§ 5-12-48 to 5-12-61 , inclusive, are:

(1) To purchase, acquire, own, pledge, encumber, or otherwise transfer all right, title, and interest of the state in, to, and under the master settlement agreement, including, without limitation, all right, title, and interest to receive or collect tobacco settlement revenues;

(2) To raise funds through the issuance of bonds or other obligations or evidences of indebtedness or ownership or through the sale, transfer, pledge, encumbrance, securitization, factoring, or other conveyance of the rights described above in subdivision (1) of this section for the purposes of depositing net proceeds of bonds in the education enhancement trust fund and as otherwise described in §§ 5-12-48 to 5-12-61 , inclusive;

(3) To serve the Legislature by making reports concerning the foregoing;

(4) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

(5) To have and to use a corporate seal and to alter the same at pleasure;

(6) To maintain an office at such place or places as the authority by resolution may designate;

(7) To receive funds transferred to it by the authority, the state, or others; and

(8) To do all things necessary and convenient to carry out the purposes of this chapter.

The corporation shall also be vested with the same power and authority, and shall be subject to the same limitations and conditions, as are applicable to the authority pursuant to §§ 5-12-1.1 , 5-12-4 , 5-12-5 , 5-12-8.1 , 5-12-22 , 5-12-24 , 5-12-26 , 5-12-27 , 5-12-27.1 , 5-12-27.2 , 5-12-27.3 , 5-12-27.4 , 5-12-27.6 , 5-12-28 , 5-12-38 , 5-12-38.1 , and 5-12-40 , except such power and authority shall be exercised with respect to and shall be limited to the purposes of the corporation set forth in this section, the final maturity date of any bonds issued, incurred, or created hereunder may not be in excess of forty years for the date of delivery thereof, and the corporation may not engage in any unrelated activities. In addition, the corporation may invest any of its funds in permitted investments.

Source: SL 2001, ch 27, § 4; SL 2013, ch 28, § 3.
S.D. Codified Laws § 5-9-15 — SD Code / Title 5 / Chapter 9 / Section 5-9-15
Report of installment sale to Governor--Preparation, filing and delivery of contract--Copy of abstract to county auditor
Status: in_force

The commissioner of school and public lands shall, on receipt of a report that a tract has been sold, if the land is to be paid for in installments, prepare a contract of sale for such tract in duplicate, according to a form which the commissioner shall prescribe, and shall submit the same to the Governor for approval. Should the Governor approve the sale, the Governor shall certify such approval and the commissioner shall execute the same. The approval of the Governor and one copy of such contract shall be filed in the office of the commissioner, and the other copy of the contract shall be forwarded to the purchaser after the expiration of sixty days from the date of sale and a copy of the final abstract of sale shall be forwarded to the county auditor for use as noted in § 5-9-28 .

Source: SL 1911, ch 224, § 37; RC 1919, § 5661; SDC 1939, § 15.0308; SL 1949, ch 48; SL 1967, ch 34; SL 1980, ch 44; SL 2023, ch 3, § 27.
S.D. Codified Laws § 5-18A-4 — SD Code / Title 5 / Chapter 18A / Section 5-18A-4
Competitive sealed bids required
Status: in_force

Contracts shall be awarded by the use of competitive sealed bids except as otherwise provided in this chapter and chapters 5-18B , 5-18C , and 5-18D .

Source: SL 2010, ch 31, § 5.
S.D. Codified Laws § 5-4-16 — SD Code / Title 5 / Chapter 4 / Section 5-4-16
Misdemeanor to start and fail to extinguish open fire regardless of whether in approved fireplace
Status: in_force

It is a Class 1 misdemeanor for any person to start or allow to start an open fire and fail to extinguish that fire on public lands owned, leased, controlled, or managed by the state or any political subdivision of the state regardless of whether the fire was started in an approved fireplace.

Source: SL 1997, ch 239, § 2.
S.D. Codified Laws § 5-14-14 — SD Code / Title 5 / Chapter 14 / Section 5-14-14
Enforcement of requirements for persons with disabilities
Status: in_force

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 2011, ch 2, § 43.
S.D. Codified Laws § 5-5-25 — SD Code / Title 5 / Chapter 5 / Section 5-5-25
Notice to lessee of expiration of lease--Rental rate for extension
Status: in_force

The commissioner shall notify each lessee by certified or registered mail directed to his post office address, as shown by the records in the office of the commissioner, on or before the first day of November first preceding the expiration of each lease that such lease will expire the following March first. Such notice shall be made in triplicate and two copies thereof mailed to the lessee.

The commissioner shall state in such notice the rental rate at which such lease can be extended for an additional five years. Such rate for grazing leases shall be the current rental on common school, indemnity, and endowment lands at the time of the issuance of the notice to the lessee. Such rate for agriculture leases shall be as provided for in § 5-5-6.1 .

Source: SL 1949, ch 71, § 3; SDC Supp 1960, § 15.0405-3; SL 1985, ch 37, § 7.
S.D. Codified Laws § 5-7-50 — SD Code / Title 5 / Chapter 7 / Section 5-7-50
Validity of leases prior to 1993 amendments to this chapter
Status: in_force

All prospecting permits and leases issued prior to July 1, 1993 which have not expired, or which have not been canceled legally for nonperformance, are hereby declared to be valid and existing contracts with the State of South Dakota according to their terms and provisions, and the commissioner shall accept and recognize all such permits and leases according to their terms and provisions.

Source: SL 1993, ch 53, § 6.
S.D. Codified Laws § 5-18A-32 — SD Code / Title 5 / Chapter 18A / Section 5-18A-32
Procurements utilizing federal funds
Status: in_force

In addition to the provisions of this chapter and chapters 5-18B , 5-18C , and 5-18D , any procurement utilizing federal funds is subject to any federal statutes and regulations governing the use and payment of such funds.

Source: SL 2010, ch 31, § 35.
S.D. Codified Laws § 5-18D-24 — SD Code / Title 5 / Chapter 18D / Section 5-18D-24
Bureau record keeping
Status: in_force

The Bureau of Human Resources and Administration shall keep suitable records in which shall be recorded all requisitions for public printing, stationery, and supplies, all advertisements, bids, certified checks, bonds, contracts, orders, vouchers, and all acts and proceedings taken under the provisions of this chapter and chapters 5-18A , 5-18B , and 5-18C . All requisitions, advertisements, bids, certified checks, bonds, specifications, schedules of specifications, contracts, reports, and any other papers or documents executed under the provisions of this chapter and chapters 5-18A , 5-18B , and 5-18C shall constitute the files in the bureau, except as otherwise provided for in this chapter and chapters 5-18A , 5-18B , and 5-18C .

Source: SL 2010, ch 31, § 119; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-2-8 — SD Code / Title 5 / Chapter 2 / Section 5-2-8
Unauthorized taking of materials from lake or river beds as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to take from within or beneath the bed of any navigable river or lake or any other river or lake which is the property of the State of South Dakota any sand, gravel, or other material except in the manner provided by law.

Source: SL 1921, ch 357, §§ 1, 7; SDC 1939, § 15.9902; SL 1955, ch 41, ch 17, § 2; SL 1980, ch 24, § 64.
S.D. Codified Laws § 5-18B-18 — SD Code / Title 5 / Chapter 18B / Section 5-18B-18
Contributions and interest due the Department of Labor and Regulation
Status: in_force

Before final payment may be made on any contract for public improvement, the purchasing agency awarding the contract shall require the contractor to furnish a certificate from the Department of Labor and Regulation that all contributions and interest due to the Department of Labor and Regulation in the performance of the contract have been paid.

Source: SL 2010, ch 31, § 57; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 5-5-30 — SD Code / Title 5 / Chapter 5 / Section 5-5-30
Application by owner of improvements for appraisal--Deposit for cost of appraisal
Status: in_force

If the owner of the improvement described in § 5-5-29 elects not to remove the improvement and the owner does not agree with the successful bidder on the value of the improvement, the owner shall within five business days from the date on which the land is offered for lease or sale make application to the county auditor asking for the appraisal of the improvement by a board of appraisal. The county auditor shall appoint the board members pursuant to § 5-5-31 . The owner shall make a deposit sufficient to cover the cost of appraisal as determined by the county auditor. The board members shall be paid by the county auditor from the amount deposited by the owner.

Source: SL 1917, ch 339, § 19; RC 1919, § 5651; SL 1923, ch 254; SDC 1939, § 15.0416; SL 2018, ch 45, § 2.
S.D. Codified Laws § 5-18B-31 — SD Code / Title 5 / Chapter 18B / Section 5-18B-31
Pre-qualification of design-builders--Elements of request for qualifications
Status: in_force

A purchasing agency shall pre-qualify design-builders for design-build contracts by advertising its request for qualifications in accordance with § 5-18A-14 . A request for qualifications shall contain the following elements:

(1) The identity of the purchasing agency;

(2) A description of the proposed public improvement;

(3) Budget limits for the proposed public improvement;

(4) The requirements the design-builder will be required to have; and

(5) The criteria and their relative weight for prequalification.

Source: SL 2010, ch 31, § 70.
S.D. Codified Laws § 5-5-29 — SD Code / Title 5 / Chapter 5 / Section 5-5-29
Deposit by new lessee or purchaser to cover improvements--Election by owner to remove improvements
Status: in_force

If any permitted improvement is located on any school or endowment land and the land has been offered for lease or sale and a person other than the owner of the improvement is the highest bidder, the bidder shall deposit with the county auditor a receipt showing payment of the amount due before the lease or sale is made. In addition, the highest bidder shall deposit with the county treasurer an amount equal to the appraised value of each improvement as determined by the board of appraisal or an amount agreed between the successful bidder and the owner of the improvement. The owner of the improvement may elect to remove the improvement.

Source: SL 1917, ch 339, § 19; RC 1919, § 5651; SL 1923, ch 254; SDC 1939, § 15.0416; SL 1971, ch 29, § 1; SL 2018, ch 45, § 1.
S.D. Codified Laws § 5-18A-47 — SD Code / Title 5 / Chapter 18A / Section 5-18A-47
Construction with National Labor Relations Act
Status: in_force

Nothing in §§ 5-18A-42 to 5-18A-46 , inclusive, prohibits an employer or other party from entering into an agreement or engaging in any other activity protected by the National Labor Relations Act, 29 U.S.C. 151 to 169.

Nothing in §§ 5-18A-42 to 5-18A-46 , inclusive, interferes with labor relations of parties that are not regulated by the National Labor Relations Act, 29 U.S.C. 151 to 169.

Source: SL 2014, ch 40, § 6.
S.D. Codified Laws § 5-18B-29 — SD Code / Title 5 / Chapter 18B / Section 5-18B-29
Elements of design-build request for proposals--Time for mailing to pre-qualified design-builders
Status: in_force

After a minimum of three design-builders have been pre- qualified in accordance with § 5-18B-31 , a design-build request for proposals shall be mailed to each pre-qualified design-builder. The minimum number of pre-qualified design-builders is not required for any improvement project that is complex in nature, requires close coordination of design and construction expertise, and does not require significant structural changes, additions, reconstruction, or new construction. The design-build request for proposals shall be prepared for each design-build contract containing the following elements:

(1) The identity of the purchasing agency which will award the design-build contract and the identity of the performance criteria developer;

(2) The procedures to be followed for submitting proposals, the criteria for evaluation of a proposal and its relative weight, and the procedures for making awards;

(3) The proposed terms and conditions for the design-build contract;

(4) The performance criteria, which shall include the following:

(a) The owners preliminary program of space needs and special requirements;

(b) Performance standards for materials and equipment; and

(c) Minimum system requirements and efficiencies;

(5) A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that is acceptable;

(6) A schedule for planned commencement and completion of the design-build contract;

(7) Budget limits for the design-build contract;

(8) Affirmative action, disadvantaged business, or set-aside goals or requirements for the design-build contract, if any;

(9) Requirements for performance and payment bonds, and insurance. These requirements shall meet the requirements of § 5-21-1 ;

(10) The compensation, if any, to be given to design-builders submitting proposals who are not awarded the project;

(11) Whether project financing is in place;

(12) A schedule for payments to the design-builder;

(13) Site identification and geotechnical information if the site is owner-provided;

(14) Location of existing utilities and their capacity if the site is owner-provided; and

(15) Warranty and guarantee requirements.

Source: SL 2010, ch 31, § 68.
S.D. Codified Laws § 5-18B-30 — SD Code / Title 5 / Chapter 18B / Section 5-18B-30
Design-build request not to be detailed--Drawings--Specifications--Standards
Status: in_force

No design-build request for proposals may include detailed designs or detailed drawings prepared by the criteria developer. The request may, however, include drawings of existing conditions and any preliminary conceptual sketches necessary to illustrate the information required by subdivision 5-18B-29(4). Each conceptual drawing shall contain the minimum information necessary to convey the requirements. No design-build request for proposals may include detailed construction specifications. Any design and construction standards in the request for proposals shall be performance standards only.

Source: SL 2010, ch 31, § 69.
S.D. Codified Laws § 5-5-10.4 — SD Code / Title 5 / Chapter 5 / Section 5-5-10.4
Minimum annual rental for grazing lands--Formula
Status: in_force

The commissioner of school and public lands shall establish the minimum annual rental rate per acre of all grazing lands which are administered by the commissioner. The minimum annual rental rate per acre shall be at the rate at which bidding shall start.

In fixing the minimum annual rental per acre, the following formula shall be used:

The rental rate shall be divided by the annual animal carrying capacity.

The carrying capacity of the land, to be used in the above formula, shall be in accordance with the determination of the commissioner of school and public lands made pursuant to the appraisal of grazing lands provided in § 5-5-10.2 .

The average price per pound of all calves sold in South Dakota shall be taken from statistics published by the South Dakota Crop and Livestock Reporting Service of the United States Department of Agriculture current at the time of computation of the rental.

Source: SL 1969, ch 33, § 4; SL 1970, ch 35; SL 1977, ch 46, § 5.
S.D. Codified Laws § 5-24-1.1 — SD Code / Title 5 / Chapter 24 / Section 5-24-1.1
Inventory of state personal property required
Status: in_force

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; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18C-2 — SD Code / Title 5 / Chapter 18C / Section 5-18C-2
Contract for services of school food service management company
Status: in_force

No contract for the services of a local school food service management company may exceed one year. An original contract for the services of a school food service management company may be renewed annually no more than four times consecutively following the original contract. Both bid and contract shall specify that the contract may be renewed, but the local school is not required to renew the contract. Specific provisions of the original contract may be renegotiated prior to renewal if guidelines for making changes are in the original contract. The school board shall record in its minutes any changes made during the term of a food service management contract or renewal.

Source: SL 2010, ch 31, § 86.
S.D. Codified Laws § 5-18B-28 — SD Code / Title 5 / Chapter 18B / Section 5-18B-28
Development of performance criteria
Status: in_force

The purchasing agency, in consultation with the performance criteria developer, shall determine the scope and level of detail required for the performance criteria. The performance criteria shall be detailed enough to permit a person to submit a proposal in accordance with the design-build request for proposals, given the nature of the public project and the level of design to be provided in the proposal.

Source: SL 2010, ch 31, § 67.
S.D. Codified Laws § 5-12-27.8 — SD Code / Title 5 / Chapter 12 / Section 5-12-27.8
Lease and sublease agreements with South Dakota Building Authority authorized to support purpose and payment of revenue bonds or interim notes
Status: in_force

The State of South Dakota through any of its departments, agencies, or bureaus, may make and enter into lease and sublease agreements with the South Dakota Building Authority and make rental payments under the terms thereof, pursuant to chapter 5-12 , from appropriations to be made by the Legislature for the payment of such rent to support the purpose and the payment of revenue bonds or interim notes issued in connection therewith for the purposes in § 5-12-27.5 .

Source: SL 1988, ch 52, § 4.
S.D. Codified Laws § 5-7-4 — SD Code / Title 5 / Chapter 7 / Section 5-7-4
Right of entry to prospect for and remove minerals
Status: in_force

The state and all persons claiming under it shall have the right to enter upon such lands and to prospect for, mine, sell, and remove such coal, ores, asphaltum, metals, minerals, and other metallic and mineral products and for such purpose to construct all necessary roads, buildings, and improvements thereon, including machinery for mining or removing such coal, ores, asphaltum, metals, minerals, and other metallic and mineral products in such lands.

Source: SL 1919, ch 305, § 1; SL 1931, ch 203, § 13; SDC 1939, § 15.0501.
S.D. Codified Laws § 5-6-15 — SD Code / Title 5 / Chapter 6 / Section 5-6-15
Crediting proceeds of sales of forest products
Status: in_force

All proceeds from the sale of forest products on school and endowment lands shall be credited to the income fund of the class of land from which the forest product was harvested.

Source: SL 1978, ch 42, § 4.
S.D. Codified Laws § 5-18C-6 — SD Code / Title 5 / Chapter 18C / Section 5-18C-6
Fuel purchased by local government units
Status: in_force

The bid requirements of this chapter and chapters 5-18A , 5-18B , and 5-18D do not apply to the purchase of fuel by units of local government. The governing board of a unit of local government may, instead of advertising for bids, negotiate a contract for the purchase of fuel at the most advantageous price. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers. A record of the names of the suppliers, the quotations received and the procurement procedures used in purchasing shall be documented, noted in the minutes, and retained on file by the governing body. The contract may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor.

Source: SL 2010, ch 31, § 90.
S.D. Codified Laws § 5-6-13 — SD Code / Title 5 / Chapter 6 / Section 5-6-13
Determination by state forester of amount of forest products to be harvested
Status: in_force

The commissioner of school and public lands may authorize the state forester to determine the amount of forest products to be harvested from school and endowment lands in accordance with § 41-20-8 .

Source: SL 1978, ch 42, § 2.
S.D. Codified Laws § 5-26-7 — SD Code / Title 5 / Chapter 26 / Section 5-26-7
Citation of chapter
Status: in_force

This chapter may be cited as the South Dakota Prompt Payment Act.

Source: SL 1984, ch 41, § 7.
S.D. Codified Laws § 5-2-18 — SD Code / Title 5 / Chapter 2 / Section 5-2-18
Relocation benefits and assistance in acquisition of property--Compliance with federal act
Status: in_force

The State of South Dakota, its departments, agencies, instrumentalities, or any political subdivisions may provide relocation benefits and assistance to persons, businesses, and farm operations displaced as the result of the acquisition of land or rehabilitation or demolition of structures in connection with federally assisted projects to the same extent and for the same purposes as provided for in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91-646) as amended by Surface Transportation and Uniform Relocation Assistance Act of 1987 (P. L. 100-17), and may comply with all the acquisition policies contained in said federal act.

Source: SL 1972, ch 136; SL 1988, ch 48, § 1.
S.D. Codified Laws § 5-9-33 — SD Code / Title 5 / Chapter 9 / Section 5-9-33
Issuance to bankrupt of patent to land set aside as homestead
Status: in_force

When, in the adjudication of an estate in bankruptcy proceedings, a portion of a legal subdivision has been decreed and set apart to the bankrupt as exempt under the homestead laws of the state, and a plat showing the exact boundaries of the tract so set apart has been filed in the office of the register of deeds of the county in which the lands are situated and a copy thereof has also been filed in the Office of the Commissioner of School and Public Lands, a patent may be issued for such tract to the bankrupt to whom such tract has been set apart.

Source: SL 1911, ch 224, § 44; SL 1915, ch 273; RC 1919, § 5668; SDC 1939, § 15.0312.
S.D. Codified Laws § 5-14-23 — SD Code / Title 5 / Chapter 14 / Section 5-14-23
Local industrial development corporation defined--Composition--Voting control--Primary objective
Status: in_force

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 promote and assist in the growth and development of small business concerns in the areas covered by its operation. The corporation shall be organized as a nonprofit enterprise and shall be composed of no fewer than twenty-five members. A local industrial development corporation shall be principally composed of and controlled by persons residing or doing business in the locality. Such persons shall ordinarily constitute not less than seventy-five percent of the voting control of the local development corporation. No member of the development corporation may own in excess of twenty-five percent of the voting control in the development corporation if that member or that member's affiliated interests have direct pecuniary interest in a project involving an application under § 5-14-22 . The primary objective of the local industrial development corporation is to benefit the community as measured by increased employment, payroll, business volume, and corresponding factors.

Source: SL 1976, ch 63, § 2; SL 1996, ch 40, § 1; SL 2011, ch 2, § 47.
S.D. Codified Laws § 5-7-64 — SD Code / Title 5 / Chapter 7 / Section 5-7-64
Transfer of State Cement Plant Commission mineral estates to commissioner of school and public lands
Status: in_force

Notwithstanding any other provisions of law, the commission shall, not later than June 30, 2011, transfer all of the commission's right, title and interest in and to any mineral estates owned or leased by the commission to the commissioner of school and public lands.

Source: SL 2010, ch 32, § 2.
S.D. Codified Laws § 5-12-23 — SD Code / Title 5 / Chapter 12 / Section 5-12-23
Revenues and income from which bonds payable--Use of educational facilities fund--Disposition of revenues
Status: in_force

Such bonds shall be payable solely and only from:

(1) Revenues to be derived by the building authority from the operation of any such facilities acquired, constructed, completed, remodeled or equipped in whole or in part with the proceeds of the bonds;

(2) Income to be derived from rental leases to state departments, boards, commissions or other agencies, or from leases to others as provided in §§ 5-12-13 to 5-12-18 , inclusive;

(3) In the case of leases involving institutions under the control of the board of regents, such funds in the educational facilities fund established by chapter 13-51 , as are not otherwise appropriated, earmarked, or pledged;

(4) Revenues to be derived by the authority from any department, agency or instrumentality of the United States for any purpose consistent with the provisions of this chapter; and

(5) Revenues to be derived by the authority in connection with projects of the kind listed in this chapter from (a) the foreclosure of any mortgages, deeds of trust, notes, debentures, bonds, and other security interests held by it, or pledged and assigned by it in connection with bonds issued for such a project, either by action or by exercise of a power of sale, (b) the sale of the equity of redemption in said security interests in accordance with the terms of said instruments and applicable state law or (c) other actions to enforce any obligation held by it.

However, for any year in which the Legislature has appropriated funds for the payment of lease rentals with respect to a project of the kind described in this chapter, any revenues received by the authority, other than from the appropriation, as a result of such program shall be assigned to and deposited in the general fund.

Source: SL 1967, ch 276, § 6; SL 1975, ch 51, § 3; SL 1988, ch 50, § 8; SL 1991, ch 24, § 3; SL 1994, ch 50, § 9.
S.D. Codified Laws § 5-14-5 — SD Code / Title 5 / Chapter 14 / Section 5-14-5
Plans and specifications for legislative review--Designation of architect or engineer
Status: in_force

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, prepare such plans and specifications and have the plans and specifications ready before the Legislature meets for their information. If the services of a licensed architect or engineer are deemed to be necessary for this purpose, the building committee as provided in § 5-14-3 shall designate such architect or engineer.

Source: SL 1913, ch 329, § 3; RC 1919, § 8210; SDC 1939, § 55.1815; SL 1955, ch 240, § 2; SL 1969, ch 209, § 4; SL 2011, ch 2, § 35; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-43 — SD Code / Title 5 / Chapter 18A / Section 5-18A-43
Terms prohibited in construction contracts
Status: in_force

Subject to the provisions of § 5-18A-45 , no governmental unit awarding a contract after July 1, 2014, for the construction, repair, remodel, or demolition of a facility and no construction manager acting on behalf of the governmental unit may include any of the following in a bid specification, project agreement, or other controlling document:

(1) A term that requires or prohibits a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to that project or a related construction project; or

(2) A term that otherwise discriminates against a bidder, offeror, contractor, or subcontractor for becoming, remaining, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organizations in regard to that project or a related construction project.

Source: SL 2014, ch 40, § 2.
S.D. Codified Laws § 5-18B-9 — SD Code / Title 5 / Chapter 18B / Section 5-18B-9
Time limits--Return of checks--Return or destruction of bid bonds
Status: in_force

No bidder on a public improvement contract may be required, either in the invitation for bids or otherwise, to leave a certified check or cashier's check, or bid bond, posted for a longer period than allowed in § 5-18A-5 if the bid is not accepted. The check or bid bond of the successful bidder shall be returned upon the execution of the contract and surety hereafter provided for. The checks of all unsuccessful bidders shall be, by the purchasing agency, immediately returned to the respective makers thereof and the bid bonds of all unsuccessful bidders shall be, by the purchasing agency, immediately destroyed. No more than forty-five days may elapse between the opening of the bids and either the acceptance of the bid of the lowest responsible bidder or the rejection of all of the bids presented.

Source: SL 2010, ch 31, § 48; SL 2016, ch 39, § 3; SL 2019, ch 48, § 1.
S.D. Codified Laws § 5-5-17 — SD Code / Title 5 / Chapter 5 / Section 5-5-17
Action to recover delinquent rent or forfeit lease--Prosecution of action--Proceeds of action
Status: in_force

Whenever any lessee shall fail to pay the annual rental for any lands leased when the same becomes due, it shall be optional with the commissioner of school and public lands to bring suit against such lessee in any court of competent jurisdiction in the county in which the land is situated, for the recovery of such rental, damages, and costs occasioned by such failure, or to declare such lease forfeited and to proceed to offer such lands for lease.

In case the commissioner considers it to the interest of the state to commence suit against such lessee, it is hereby made the duty of the state's attorney of such county to commence and prosecute such suit whenever he is directed to do so by the commissioner. All money arising from such suit shall be paid into the county treasury of the proper county and be placed to the credit of the interest and income fund of the class to which such lands belong.

Source: SL 1917, ch 339, § 13; RC 1919, § 5645; SL 1921, ch 358; SDC 1939, § 15.0410.
S.D. Codified Laws § 5-15-17 — SD Code / Title 5 / Chapter 15 / Section 5-15-17
Lease and management of property acquired by commission
Status: in_force

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 be executed by the chair and secretary.

Source: SL 1961, ch 316, § 2 (g); SL 2011, ch 2, § 66.
S.D. Codified Laws § 5-18B-36 — SD Code / Title 5 / Chapter 18B / Section 5-18B-36
Acceptance of a proposal--Evaluation criteria scores
Status: in_force

After obtaining and evaluating proposals according to the criteria and procedures set forth in the design-build request for proposals, a purchasing agency may accept the proposal it considers most advantageous to the purchasing agency. Acceptance of a proposal shall be by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the purchasing agency shall also inform, in writing, the other design-builders that their proposals were not accepted. Unless all proposals are rejected, a detailed breakdown of the evaluation criteria scores for each proposal received shall be made available to the public after signature execution of the design-build contract. The contract for development of performance criteria shall terminate if a contract is awarded to the design-builder.

Source: SL 2010, ch 31, § 75.
S.D. Codified Laws § 5-18A-53 — SD Code / Title 5 / Chapter 18A / Section 5-18A-53
Prohibited foreign contracts--False certification--Cause to suspend or debar
Status: in_force

Any certification that falsely indicates a person is not a prohibited entity at the time of certification, and any failure to provide written notification to the purchasing agency that a person has become a prohibited entity as required by § 5-18A-51 , is cause to suspend or debar a business under § 5-18D-12 .

Source: SL 2023, ch 18, § 5.
S.D. Codified Laws § 5-12-22 — SD Code / Title 5 / Chapter 12 / Section 5-12-22
Terms and interest rate of bonds
Status: in_force

All such bonds shall mature within twenty - five years from date and shall bear interest at a rate to be negotiated and may be sold by the Building Authority in such manner as it may deem to be in the best public interest.

Source: SL 1967, ch 276, § 6; SL 1970, ch 39; SL 1980, ch 47, § 5; SL 1983, ch 28, § 5; SL 1988, ch 50, § 7.
S.D. Codified Laws § 5-12-14 — SD Code / Title 5 / Chapter 12 / Section 5-12-14
Terms, conditions, and rental under leases--Annual extension provision
Status: in_force

Leases may be

(1) Upon such terms, conditions, and rentals, subject to available appropriations, as in the judgment of the building authority are in the public interest, or

(2) For a term of one year from the time the building is completed and ready for occupancy, with an option in the lessee to extend the term of the lease for a term of one year from the expiration of the original term of the lease and for one year from the expiration of each extended term of the lease, until the original term of the lease has been extended for a total number of years to be agreed upon by the parties at a rental which, if paid for the original term and for each of the full number of years for which the term of the lease may be extended, will amortize the total cost of the erection of the building and appurtenances.

Source: SL 1967, ch 276, § 5.
S.D. Codified Laws § 5-10-6 — SD Code / Title 5 / Chapter 10 / Section 5-10-6
Apportionment among counties and institutions of income from school lands and funds
Status: in_force

The commissioner of school and public lands, after any adjustments that have been made pursuant to § 5-10-18.3 , shall make a division and apportionment of all funds derived from the leasing of school and public lands, from interest, dividends, and other income on all invested funds derived from the sale of school and public lands, and from interest, dividends, and other income on invested funds derived from the five percent paid to the state by the United States on sales of public lands within the state, such apportionment to be made among the counties, and the educational, penal, and charitable institutions, as provided by law.

Source: SDC 1939, § 15.0108; SL 2001, ch 26, § 5.
S.D. Codified Laws § 5-12-47.2 — SD Code / Title 5 / Chapter 12 / Section 5-12-47.2
Irrevocable escrow agreement for defeasance and payment of lease revenue trust certificates and bonds--Arrangements to pay governmental expenses
Status: in_force

The South Dakota Building Authority may enter into an irrevocable escrow agreement to provide for the defeasance and payment of the series 1993A lease revenue trust certificates, the series 2005B bonds and the series 2008 bonds issued to finance the costs of the buildings and other real or personal property described in subdivisions 5-12-47.1 (1), (2) and (3). The authority may enter into such other arrangements to pay or prepay, from time to time, any governmental expenses permissible under chapter 5-12 , including payment or prepayment of debt service and associated fees and expenses relating to series 2010B bonds issued to finance the costs of the buildings and other real or personal property described in subdivision 5-12-47.1 (4). The authority may contract with a third party for any of the purposes of this section. Upon determination by the authority of the amounts necessary for payment or prepayment of the bonds and other governmental expenses described in this section, and any associated fees and expenses, any remaining funds shall be transferred to the general fund at the end of the fiscal year in which SL 2014, ch 35 was enacted. Thereafter, as of the end of each fiscal year to and including the fiscal year ending June 30, 2021, the South Dakota Building Authority shall file an annual report with the Bureau of Finance and Management specifying any lease rentals, any fees received pursuant to § 5-12-47.1 and this section, and any interest earnings thereon, which the authority has determined are no longer expected to be required for the purposes set forth in § 5-12-47.1 . Any such amounts not then expected to be required shall be deposited into the general fund with thirty days of the filing of the annual report. Any lease rentals and fees received by the authority pursuant to § 5-12-47.1 and this section, or interest earnings thereon, which are not applied by June 2, 2021, to pay or prepay amounts described in this section, shall be deposited into the general fund by June 30, 2021.

Source: SL 2014, ch 35, § 3, eff. Mar. 28, 2014.
S.D. Codified Laws § 5-1-6 — SD Code / Title 5 / Chapter 1 / Section 5-1-6
Travel and expenses of departmental personnel
Status: in_force

The commissioner of school and public lands, the deputy commissioner, and all other clerks and other employees shall be allowed traveling and other expenses in accordance with chapter 3-9 necessary to the discharge of their respective duties in connection with the Department of School and Public Lands.

Source: SL 1911, ch 224, § 82; RC 1919, § 5712; SDC 1939, § 15.0103; SL 1976, ch 20, § 1; SL 1980, ch 23, § 18.
S.D. Codified Laws § 5-1-19 — SD Code / Title 5 / Chapter 1 / Section 5-1-19
Revocation or suspension of paleontological excavation license--Violation as misdemeanor
Status: in_force

The commissioner of school and public lands may revoke or suspend a permit if the permittee fails to conduct a survey or excavation pursuant to law, the rules promulgated by the commissioner, or permit provisions. Any person violating §§ 5-1-15 to 5-1-20 , inclusive, or the rules promulgated by the commissioner is guilty of a Class 1 misdemeanor, and in addition, shall forfeit to the state any interest in all paleontological resources discovered by or through the person's efforts.

Source: SL 1996, ch 36, § 5.
S.D. Codified Laws § 5-10-5 — SD Code / Title 5 / Chapter 10 / Section 5-10-5
Annual statement to counties of sale and lease payments coming due
Status: in_force

The commissioner of school and public lands shall on or before the fifteenth day of December of each year furnish to the treasurer of each county a full statement of the principal and interest on sales and rental on term leases falling due in such county on the first day of January following.

Source: SL 1911, ch 224, § 63; RC 1919, § 5703; SDC 1939, § 15.0602; SL 1980, ch 46, § 2.
S.D. Codified Laws § 5-18B-7 — SD Code / Title 5 / Chapter 18B / Section 5-18B-7
Contractor's use tax liability
Status: in_force

If a purchasing agency is to supply tangible personal property to be used in performance of the contract and the personal property is taxable to the contractor under § 10-46-5 , the specifications or notice to bidders shall state the purchase price or fair market value of the tangible personal property, whichever is the greater. The stated amount shall be the basis for determining the contractor's liability for tax.

Source: SL 2010, ch 31, § 46.
S.D. Codified Laws § 5-26-4 — SD Code / Title 5 / Chapter 26 / Section 5-26-4
Additional appropriations for interest prohibited
Status: in_force

An agency may not seek additional appropriations to pay interest which accrues as a result of its failure to make timely payments required by § 5-26-2 .

Source: SL 1984, ch 41, § 4.
S.D. Codified Laws § 5-14-13 — SD Code / Title 5 / Chapter 14 / Section 5-14-13
Standards and specifications for construction to accommodate persons with disabilities
Status: in_force

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 1986, ch 51; SL 1988, ch 53; SL 1994, ch 52, § 2.
S.D. Codified Laws § 5-9-29 — SD Code / Title 5 / Chapter 9 / Section 5-9-29
Tax purchaser's rights under installment contract--Payment of delinquent installments
Status: in_force

The purchaser of any such land sold for delinquent taxes shall acquire only such rights and interests as belong to the party holding the contract of sale hereinbefore provided for, and the right to be substituted as the assignee thereof and upon exhibition to the proper officer of the tax certificate given at a tax sale, in case the land has not been redeemed, such tax purchaser shall have the right to make any payment of principal or interest then in default upon the contract of sale, as the assignee thereof, prior to the redemption of such land.

Source: SL 1911, ch 224, § 45; SL 1917, ch 340, § 1; RC 1919, § 5669; SDC 1939, § 15.0311; SL 1955, ch 35.
S.D. Codified Laws § 5-25-4 — SD Code / Title 5 / Chapter 25 / Section 5-25-4
Internal service fund--Collection and disbursement of mileage payments and motor vehicle disbursements
Status: in_force

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 departments, agencies, and officers of the state.

Source: SL 1943, ch 275, § 3; SDC Supp 1960, § 55.1108; SL 2011, ch 2, § 100; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-2-20 — SD Code / Title 5 / Chapter 2 / Section 5-2-20
Transfer of state's interest in Camp Lakodia to 4-H Foundation
Status: in_force

The Governor shall execute a quitclaim deed and release of reversionary interest, which shall be attested by the commissioner of school and public lands, to transfer all the state's reversionary rights in the property, commonly known as Camp Lakodia, located at Lot Two (2) of Croisants Subdivision of Lot Four (4) of Section Fifteen (15), Township One Hundred Six (106), Range Fifty - three (53), West of the Fifth Principal Meridian, Lake County, South Dakota (Contains 15 acres, more or less) to the South Dakota 4-H Foundation, Inc.

Source: SL 2002, ch 30, § 1.
S.D. Codified Laws § 5-18B-22 — SD Code / Title 5 / Chapter 18B / Section 5-18B-22
Subletting of design services
Status: in_force

A design-builder may sublet responsibility for professional design services to any person licensed and registered to provide professional design services in this state. Nothing in this section limits or eliminates the responsibility or liability of any person registered pursuant to chapter 36-18A , on a design-build project to the purchasing agency or other third parties under existing law.

Source: SL 2010, ch 31, § 61.
S.D. Codified Laws § 5-2-12 — SD Code / Title 5 / Chapter 2 / Section 5-2-12
Mineral reservation in leases and conveyances of state land
Status: in_force

All sales, leases, and conveyances of lands belonging to the State of South Dakota or to which it may now or hereafter be entitled, including all common school, public buildings, and endowment lands, shall be subject to and contain a reservation to the State of South Dakota of all deposits of coal, ores, metals, and other minerals, asphaltum, oil, gas, geothermal resources, and other like substance in such lands, together with the right to prospect for, mine, and remove the same upon rendering compensation to the owner or lessee for all damages that may be caused by such prospecting or removal. The reserved deposits shall be disposed of only in the manner expressly provided by law.

Source: SL 1919, ch 308, § 1; SDC 1939, § 55.0203; SL 1980, ch 40, § 1.
S.D. Codified Laws § 5-18A-30 — SD Code / Title 5 / Chapter 18A / Section 5-18A-30
Supplies manufactured from recycled or biobased materials
Status: in_force

A purchasing agency may give preference to the purchase of supplies manufactured from recycled or biobased materials if the bids are within five percent of the lowest bid offering nonrecycled or nonbiobased materials.

Source: SL 2010, ch 31, § 33.
S.D. Codified Laws § 5-18A-17.3 — SD Code / Title 5 / Chapter 18A / Section 5-18A-17.3
Authorization of contract with former officer or employee
Status: in_force

Within the one-year period prohibiting any contract with a state agency, the governing body of the state agency may approve a former officer or employee to contract with any state agency if the governing body determines that the transaction and the terms of the contract are fair, reasonable, and are in the best interests of the public. The authorization shall be in writing.

Any approval given pursuant to this section is a public record. Each approval shall be filed with the commissioner of human resources and administration, who shall compile the approvals and present them annually for review by the Government Operations and Audit Committee.

Source: SL 2015, ch 30, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-41 — SD Code / Title 5 / Chapter 12 / Section 5-12-41
Severability of provisions
Status: in_force

If any clause or other portion of this chapter shall be held invalid, that decision shall not affect the validity of the remaining portions of this chapter. It is hereby declared that all such remaining portions of this chapter are severable, and that the Legislature would have enacted such remaining portions if the portions that may be so held to be invalid had not been included in this chapter.

Source: SL 1967, ch 276, § 15.
S.D. Codified Laws § 5-7-60 — SD Code / Title 5 / Chapter 7 / Section 5-7-60
Cancellation of lease by commissioner--Notice required
Status: in_force

The commissioner may cancel any lease issued under the provisions of this chapter for nonpayment of rentals, for nonpayment of royalties or for violation of any of the terms, covenants, or conditions thereof, but before any such cancellation shall be made, the commissioner shall mail to the lessee or assignee, by registered or certified mail, addressed to the post office address of the lessee or assignee as shown by the records of the office of the commissioner, a notice of intention to cancel the lease, specifying the default for which the lease is subject to cancellation. No proof of receipt of notice is necessary. Thirty days after the mailing, the commissioner may enter cancellation unless the lessee has remedied the default or contested in good faith. Any action to cancel a lease as provided in this chapter shall be conducted in accordance with the provisions of chapter 1-26 . The lessee may remain in possession until a final decision is rendered.

Source: SL 1993, ch 53, § 16.
S.D. Codified Laws § 5-3-4 — SD Code / Title 5 / Chapter 3 / Section 5-3-4
Selection of indemnity lands for land settled before survey
Status: in_force

When the commissioner of school and public lands shall ascertain that sections sixteen and thirty - six or any part thereof granted to the state have been actually settled upon prior to the survey thereof by the general government, and are occupied by bona fide settlers, claiming title thereto under the homestead laws of the United States, such commissioner is authorized, in its discretion, by and with the approval of the secretary of the interior, or the secretary of agriculture, when necessary, to select from the surveyed, unreserved, and unappropriated public lands of the United States within this state other lands equivalent in area and value, in legal subdivisions, and as contiguous as may be to the section in lieu of which the same is taken.

Source: SL 1917, ch 336, § 4; RC 1919, § 5723; SDC 1939, § 15.0204.
S.D. Codified Laws § 5-18A-33 — SD Code / Title 5 / Chapter 18A / Section 5-18A-33
Disallowance of noncomplying bid or offer--Contracts in violation void
Status: in_force

Any bidder or offeror who fails to comply with the provisions of this chapter or chapter 5-18B , 5-18C , or 5-18D , or who provides any false information in the submission of any bid or offer is subject to having the bid or offer disallowed by the purchasing agency soliciting the bid or offer. Any contract entered into in violation of this chapter or chapter 5-18B , 5-18C , or 5-18D is null and void.

Source: SL 2010, ch 31, § 36.
S.D. Codified Laws § 5-15-10 — SD Code / Title 5 / Chapter 15 / Section 5-15-10
Acceptance and use of contributions
Status: in_force

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 §§ 5-15-1 to 5-15-23 , inclusive. The commission may deposit such moneys to the credit of the commission, and carry on a campaign for public contribution of such funds, and expend moneys necessary therefor.

Source: SL 1961, ch 316, § 2 (d); SL 2011, ch 2, § 59.
S.D. Codified Laws § 5-2-6 — SD Code / Title 5 / Chapter 2 / Section 5-2-6
Proceeds of sand and gravel contracts--Payment--Deposit
Status: in_force

All funds received by the state under contracts pursuant to § 5-2-5 , shall be paid to the state treasurer under such rules as the commissioner of school and public lands shall promulgate pursuant to chapter 1-26 . The state treasurer shall deposit the funds into the school fund of the state.

Source: SL 1921, ch 357, § 5; SDC 1939, § 15.0325; SL 1984, ch 34, § 5.
S.D. Codified Laws § 5-15-28 — SD Code / Title 5 / Chapter 15 / Section 5-15-28
Working capital account for maintenance of buildings and grounds
Status: in_force

There is hereby established a working capital account in the state treasury for the purpose of providing maintenance services for the various buildings and grounds under the jurisdiction of the Bureau of Human Resources and Administration.

Source: SL 1966, ch 182, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-22-2 — SD Code / Title 5 / Chapter 22 / Section 5-22-2
Filing with public officer of account of claim--Effect of late filing--Agreed statement as equivalent of account
Status: in_force

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 officer of such public body who is by law made the custodian of its official records, a just and true account of the demand due or to become due him after allowing all credits and verified by his affidavit. A failure to file the same within the time aforesaid shall not defeat the lien upon the amount remaining due to the contractor at the time of filing. If any person who shall have performed labor or furnished materials as provided in this chapter shall procure from the contractor a settlement and statement of his account, signed by the contractor and verified by his own affidavit, the same may be filed and shall have the same force and effect as the account heretofore mentioned.

Source: SL 1895, ch 133, § 2; RCCivP 1903, § 714; RC 1919, § 1661; SDC 1939, § 39.0902.
S.D. Codified Laws § 5-12-24 — SD Code / Title 5 / Chapter 12 / Section 5-12-24
Execution and registration of bonds--Validity of signature by officers
Status: in_force

Such bonds shall be executed by such officers of the Building Authority as shall be designated by the authority, and shall be registered by the state auditor of the State of South Dakota. Any bonds bearing the signature of officers in office at the date of signing thereof shall be valid and binding for all purposes, notwithstanding that before delivery thereof any or all such persons whose signature appears thereon shall have ceased to be such officers.

Source: SL 1967, ch 276, § 6.
S.D. Codified Laws § 5-29-21 — SD Code / Title 5 / Chapter 29 / Section 5-29-21
Research park corporation to have powers of nonprofit corporation
Status: in_force

A research park corporation formed pursuant to § 5-29-16 shall have all rights, powers, and privileges granted to nonprofit corporations pursuant to Title 47 which are necessary and convenient to carry out and to effectuate the provisions of this chapter.

Source: SL 2012, ch 46, § 21.
S.D. Codified Laws § 5-21-3 — SD Code / Title 5 / Chapter 21 / Section 5-21-3
Surety bond to cover use tax liability--Amount of liability
Status: in_force

If a contract is entered into for the construction, alteration, or repair of improvements to be located in this state, including public improvements, and the contractor or subcontractor furnishes surety for the faithful performance of the contract, there is hereby imposed an additional obligation upon the surety to the State of South Dakota that the contractor or subcontractor shall promptly pay all taxes which may accrue to the State of South Dakota under the provisions of chapters 10-46 , 10-46A , and 10-46B . For the purposes of this section and § 5-21-4 the term, surety, means a bond or undertaking executed by a surety company authorized to do business in the State of South Dakota.

Source: SL 1957, ch 479, §§ 1, 2; SDC Supp 1960, § 65.0702-1; SL 1992, ch 48, § 1.
S.D. Codified Laws § 5-24A-9 — SD Code / Title 5 / Chapter 24A / Section 5-24A-9
Disposal by agency or bureau
Status: in_force

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.
S.D. Codified Laws § 5-29-17 — SD Code / Title 5 / Chapter 29 / Section 5-29-17
Board of directors appointed by Board of Regents
Status: in_force

Each research park corporation formed pursuant to § 5-29-16 shall be governed by, and all of the corporation's functions, powers, and duties shall be exercised by, a board appointed by the Board of Regents. Each research park corporation shall have the Board of Regents as its sole member. Members of the board may include university presidents, regents, university officers or employees, and other persons selected by the Board of Regents.

Source: SL 2012, ch 46, § 17.
S.D. Codified Laws § 5-15-54 — SD Code / Title 5 / Chapter 15 / Section 5-15-54
Capitol restoration fund--Administration--Purpose--Expenditures--Interest
Status: in_force

There is created the capitol restoration fund, to be administered by the Bureau of Human Resources and Administration, for the purpose of restoring, renovating, and improving the state capitol building.

Expenditures from the fund must be by special appropriation of the Legislature. Any interest earned on moneys in the fund must remain in the fund.

Source: SL 2026, ch 28, § 2, eff. June 29, 2026.
S.D. Codified Laws § 5-18B-32 — SD Code / Title 5 / Chapter 18B / Section 5-18B-32
Deposit or bond submitted with proposal--Forfeiture
Status: in_force

Any proposal, submitted pursuant to this section, shall be accompanied by a deposit or bond meeting the requirements of § 5-18B-2 . The deposit or security may be forfeited if the proposal is accepted but the design-builder fails to execute the design-build contract.

Source: SL 2010, ch 31, § 71.
S.D. Codified Laws § 5-21-1 — SD Code / Title 5 / Chapter 21 / Section 5-21-1
Surety bond required--Obligation of prompt payment of laborers and materialmen
Status: in_force

Except as provided in § 31-12-15 , when any contract is entered into for the construction of public improvement or the furnishing of any material or labor therefor, the contractor is required, before commencing such work, to furnish surety in an amount not less than the contract price, for the faithful performance of the contract, with the additional obligation that the contractor shall promptly pay all persons supplying him with labor or material in the prosecution of the work provided for in the contract.

Source: SL 1907, ch 138, § 1; SL 1909, ch 245, § 1; RC 1919, § 8215; SDC 1939, § 65.0702; SL 1939, ch 300, § 7; SL 1987, ch 60, § 1.
S.D. Codified Laws § 5-10-18 — SD Code / Title 5 / Chapter 10 / Section 5-10-18
Investment of permanent school funds
Status: in_force

The moneys of the common school permanent fund and other educational funds shall be invested by the State Investment Council, in accordance with the provisions of § 4-5-27 .

Source: SL 1951, ch 85; SL 1953, ch 47; SL 1955, ch 37; SL 1957, ch 46; SDC Supp 1960, § 15.0609-1; SL 1969, ch 34; SL 1970, ch 36; SL 1970, ch 37; SL 1972, ch 29; SL 1983, ch 28, § 4; SL 1992, ch 60, § 2; SL 1997, ch 37, § 3; SL 2001, ch 26, § 6.
S.D. Codified Laws § 5-24A-2 — SD Code / Title 5 / Chapter 24A / Section 5-24A-2
Disposition of surplus property by Bureau of Human Resources and Administration
Status: in_force

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, ch 32, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-14-9 — SD Code / Title 5 / Chapter 14 / Section 5-14-9
Plans, specifications, bids, contracts, and cost records kept by Bureau of Human Resources and Administration
Status: in_force

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 construction of all such buildings.

Source: SL 1913, ch 329, § 2; RC 1919, § 8209; SDC 1939, § 55.1814; SL 1955, ch 240, § 1; SL 1963, ch 306; SL 2011, ch 2, § 39; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-2-14 — SD Code / Title 5 / Chapter 2 / Section 5-2-14
Conveyance or exchange of reserved minerals with United States--Appraisal
Status: in_force

When any board, commission, or department of the state having control of any lands belonging to the state, shall in its judgment be satisfied that it is meet and proper to convey to or exchange with the United States of America or any of its departments any mineral rights now held by it or heretofore reserved to it, they shall so declare by proper resolution and direct the necessary instrument of conveyance to be executed upon the payment of the consideration to be determined by a board of appraisers comprised of the commissioner of school and public lands, the state geologist and the state auditor. Said conveyance shall be executed by the Governor and attested by the secretary of state.

Source: SL 1957, ch 320, §§ 1, 2; SDC Supp 1960, § 55.0208.
S.D. Codified Laws § 5-22-7 — SD Code / Title 5 / Chapter 22 / Section 5-22-7
Limitation of actions to enforce lien
Status: in_force

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 commenced within thirty days from the acceptance of the work for which the same shall be claimed or unless asserted under the provisions of §§ 5-22-9 to 5-22-11 , inclusive.

Source: SL 1895, ch 133, § 5; RCCivP 1903, § 717; RC 1919, § 1664; SDC 1939, § 39.0905.
S.D. Codified Laws § 5-29-20 — SD Code / Title 5 / Chapter 29 / Section 5-29-20
Research park corporation not subject to statutes and rules governing public bodies
Status: in_force

No research park corporation formed pursuant to § 5-29-16 is subject to statutes or rules regulating the conduct of public bodies, including those relating to personnel, procurement of goods and services, board meetings, disposition or acquisition of property, capital outlays, per diem and mileage, and inspection of records. Nothing in this section relieves a research park corporation of the obligation to conform to criminal laws or other statutes of general application.

Source: SL 2012, ch 46, § 20.