S.D. Codified Laws § 5-18A-44 — SD Code / Title 5 / Chapter 18A / Section 5-18A-44
Conditional grant, tax abatement, and tax credit prohibited in construction contracts
Status: in_force

Subject to the provisions of § 5-18A-45 , no governmental unit may award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in § 5-18A-43 in a contract or document for any construction, improvement, maintenance, or renovation to real property or fixture that is the subject of the grant, tax abatement, or tax credit.

Source: SL 2014, ch 40, § 3.
S.D. Codified Laws § 5-15-25 — SD Code / Title 5 / Chapter 15 / Section 5-15-25
Supervision of improvements and extensions of capitol grounds and buildings
Status: in_force

Except as provided by §§ 5-14-2 and 5-15-17 , the Bureau of Human Resources and Administration shall have control and supervision of all permanent improvements and extensions of the capitol grounds and buildings and of the disbursement of all moneys appropriated for such purposes.

Source: SL 1907, ch 83; SL 1909, ch 9; SL 1911, ch 27; SL 1913, ch 105; SL 1915, ch 41; SL 1915, ch 56; SL 1917, ch 103; RC 1919, § 10178; SDC 1939, § 55.2008; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-40 — SD Code / Title 5 / Chapter 12 / Section 5-12-40
Bylaws, rules, and regulations of authority
Status: in_force

To accomplish projects of the kind listed in this chapter, the authority may adopt all necessary bylaws, rules, and regulations for the conduct of the business and affairs of the authority, and for the management and use of facilities and sites acquired under the powers granted by this chapter.

Source: SL 1967, ch 276, § 5; SL 1994, ch 50, § 11.
S.D. Codified Laws § 5-15-29.2 — SD Code / Title 5 / Chapter 15 / Section 5-15-29.2
Public buildings fund--Deposit of proceeds from sale or lease of public lands
Status: in_force

There is hereby created the public buildings fund in the state treasury into which shall be deposited all proceeds from the sale or lease of those public lands granted in §§ 12 and 17 of the Enabling Act for the construction, reconstruction, repair, renovation, furnishings, and equipment of public buildings at the state capitol. The commissioner of school and public lands is hereby directed to deposit all such proceeds earned after July 1, 1987, into the public buildings fund.

Source: SL 1987, ch 53, § 1.
S.D. Codified Laws § 5-18B-6 — SD Code / Title 5 / Chapter 18B / Section 5-18B-6
Certification regarding labor provided by nonresident subcontractors
Status: in_force

Prior to execution of a public improvement contract, a successful bidder shall certify:

(1) That no more than twenty percent of the cost of labor included in the contract is being provided by nonresident subcontractors; or

(2) That more then twenty percent of the cost of labor included in the contract is being provided by nonresident subcontractors because resident contractors are not available and at competitive prices.

Source: SL 2010, ch 31, § 45.
S.D. Codified Laws § 5-7-17.1 — SD Code / Title 5 / Chapter 7 / Section 5-7-17.1
Disposition of payments for damages
Status: in_force

Any agreed payments for damages to the lease between the holder and the lessee shall be approved or disapproved by the commissioner of school and public lands and shall be paid fifty percent to the lessee and fifty percent to the state.

Source: SL 1984, ch 38, § 1.
S.D. Codified Laws § 5-15-1 — SD Code / Title 5 / Chapter 15 / Section 5-15-1
Capitol Complex Restoration and Beautification Commission--Duty to enlarge and beautify complex
Status: in_force

The State of South Dakota declares that it is necessary that the capitol complex in the city of Pierre be enlarged and beautified. The South Dakota Capitol Complex Restoration and Beautification Commission shall accomplish that purpose in the manner provided by this chapter.

Source: SL 1955, ch 300, § 1 as added by SL 1957, ch 340, § 1; SDC Supp 1960, § 55.02A01; SL 1961, ch 316, §§ 1, 8; SL 1980, ch 48, § 1; SL 2011, ch 2, § 49.
S.D. Codified Laws § 5-18D-28 — SD Code / Title 5 / Chapter 18D / Section 5-18D-28
Criminal background checks for state contractors and subcontractors
Status: in_force

The state shall notify each current or prospective contractor or subcontractor that the awarding of a contract with the state has granted or will grant access to confidential information obtained from the United States Internal Revenue Service or an authorized secondary source. Each person who is granted access to the confidential information as a result of entering into a contract with the state shall submit to and successfully pass a state and federal criminal background investigation. The contractor or subcontractor shall submit to a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation before being granted access to any confidential information. The appointing authority shall submit the completed fingerprint card to the Division of Criminal Investigation.

Each contract entered into by the state where access to confidential information obtained from the United States Internal Revenue Service or from an authorized secondary source is granted to a contractor or a subcontractor shall include terms regarding which party is responsible for payment of any fee charged for the cost of fingerprinting or the criminal background investigation and regarding the potential event that a disqualifying record is discovered through the background investigation process.

Source: SL 2017, ch 24, § 2.
S.D. Codified Laws § 5-15-9 — SD Code / Title 5 / Chapter 15 / Section 5-15-9
Publications by commission--Maps, surveys, and studies
Status: in_force

The commission may print and distribute such pamphlets and leaflets and information as is proper and necessary to further and advance the work, objects, and aims of the commission, and acquaint South Dakota citizens with the commission. The Bureau of Human Resources and Administration shall supply the pamphlets and leaflets for the commission. The commission may have maps, diagrams, drawings, sketches, representations, preliminary surveys, and studies made in conjunction with the commission's work, and do all the necessary things to effectuate the purposes and intent of §§ 5-15-1 to 5-15-23 , inclusive.

Source: SL 1955, ch 300, § 5; SDC Supp 1960, § 55.02A05; SL 2011, ch 2, § 58; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-9-36 — SD Code / Title 5 / Chapter 9 / Section 5-9-36
Sale of improvements on school and public lands authorized
Status: in_force

Whenever the right, title, and interest in improvements upon school and public lands shall have vested in the state, the commissioner of school and public lands is authorized, whenever in his judgment it shall be for the best interest of the state to sell and dispose of such improvements for cash at public auction to the highest bidder at the courthouse of the county in which the improvements are situated.

Source: SL 1923, ch 255, § 1; SDC 1939, § 15.0326; SL 1939, ch 37.
S.D. Codified Laws § 5-15-51 — SD Code / Title 5 / Chapter 15 / Section 5-15-51
Statue of General William Henry Harrison Beadle
Status: in_force

The granite statue of General William Henry Harrison Beadle, South Dakota educator shall be permanently displayed in the state capitol on an appropriate pedestal.

Source: SL 1987, ch 54; SL 1989, ch 53, § 2; SL 2011, ch 2, § 86.
S.D. Codified Laws § 5-12-19 — SD Code / Title 5 / Chapter 12 / Section 5-12-19
Tax exemption of property owned or leased by authority--Exception
Status: in_force

Except as hereinafter provided, all land, improvements, and capital equipment owned by the Building Authority, or being leased or acquired by the authority pursuant to a lease having a fixed term plus renewal options exceeding three years, or a lease - purchase or installment purchase contract, shall constitute a separate class of property which is exempt from taxation. Land owned by the authority, or being leased or acquired by the authority, to accomplish projects of the kind listed in § 5-12-8 is not exempt from taxation.

Source: SL 1967, ch 276, § 14; SL 1983, ch 32, § 5; SL 1988, ch 50, § 5.
S.D. Codified Laws § 5-25-1.1 — SD Code / Title 5 / Chapter 25 / Section 5-25-1.1
State-owned or leased vehicles and aircraft to be used only for state business--Exceptions for vehicles--Violation as misdemeanor--Civil action and penalty
Status: in_force

Vehicles owned or leased by the state may be used only in the conduct of state business. No state officer or employee, except the Governor, law enforcement officers of the South Dakota Highway Patrol, law enforcement officers of the Division of Criminal Investigation, and conservation officers may use, or permit the use of, any state-owned motor vehicle other than in the conduct of state business. Nothing in this section prohibits any use of any state vehicle, if, in order to provide for the most efficient use of state equipment or personnel, supervisory personnel issue written instructions to any state employee to use a state vehicle for transportation:

(1) Between the employee's permanent residence and work station; or

(2) Between the employee's temporary residence or eating place and work station if assigned to a locality other than the employee's permanent residence.

For purposes of this section, any aircraft owned or leased by the state may be used only in the conduct of state business. None of the exceptions listed above are applicable regarding the use of any aircraft owned or leased by the state or any of its agencies.

A violation of this section is a Class 2 misdemeanor. The violator is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than one thousand dollars plus ten times the cost incurred by the state for misuse of any aircraft owned or leased by the state. An action for the recovery of a civil penalty or compensatory damages shall, upon demand, be tried by a jury.

Source: SL 1977, ch 56, § 1; Initiated Measure 5 approved Nov. 7, 2006; SL 2007, ch 34, § 1.
S.D. Codified Laws § 5-18D-2 — SD Code / Title 5 / Chapter 18D / Section 5-18D-2
Estimates of projected purchases
Status: in_force

State agencies shall submit estimates of projected purchases within established commodity classifications as required by the Bureau of Human Resources and Administration. The bureau may change or modify the agency estimates in any manner determined to be in the best interest of the state.

Source: SL 2010, ch 31, § 95; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-7-24 — SD Code / Title 5 / Chapter 7 / Section 5-7-24
Royalty provisions in oil and gas leases--Annual rental
Status: in_force

All such leases shall provide for delivery to the state in the pipeline to which the lessee may connect the wells of a royalty of not less than one - eighth of the oil and gas produced, saved, and marketed from the leased lands, or the equivalent proportion of the market value of such oil and gas in the field at the time of production; provided, however, that no royalties shall be payable upon oil or gas used in operations on the land for the development and production of oil or gas therefrom.

All such 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 ten cents per acre per annum.

Source: SL 1931, ch 203, § 2 (6); SL 1937, ch 213, § 1; SDC 1939, §§ 15.0509, 15.0510; SL 1941, ch 53, § 1; SL 1976, ch 57.
S.D. Codified Laws § 5-9-24 — SD Code / Title 5 / Chapter 9 / Section 5-9-24
Procedure for forfeiture of installment contract--Service of notice
Status: in_force

To effect such forfeiture the commissioner of school and public lands shall serve upon the purchaser or his legal representatives or assigns a notice specifying the conditions in which default has been made, stating that such contract will terminate thirty days after the service of such notice or at the expiration of three months after the default, if that time has not already expired, unless prior thereto the purchaser shall comply with such conditions and pay the costs of service. Such notice shall be served personally in the manner provided for the service of summons in civil actions. If the person to be served is not a resident of the state, cannot be found therein, or is deceased, any of which facts the return of the sheriff of the county where the real estate lies shall be prima facie evidence that he cannot be found in such county, then service shall be made by three weeks published notice in a newspaper of general circulation in the county where the real estate is situated, and such service shall be binding upon all parties in interest in said real estate, including all of the personal representatives, heirs at law, devisees, legatees, next of kin, and creditors of any deceased person. Personal service of said notice without the state, proved by the affidavit of the person making the same, made before an authorized officer having a seal, shall have the same effect as the published notice herein provided for.

Source: SL 1919, ch 306, § 3; SL 1929, ch 221; SDC 1939, § 15.0309.
S.D. Codified Laws § 5-5-33 — SD Code / Title 5 / Chapter 5 / Section 5-5-33
Hunting in crops on school and public lands prohibited--Exception
Status: in_force

No person may engage in hunting in any standing, unharvested crops on any school and public lands, unless the crop is designated for conservation or wildlife habitat.

Source: SL 2003, ch 32, § 1.
S.D. Codified Laws § 5-5-28 — SD Code / Title 5 / Chapter 5 / Section 5-5-28
Permit to new lessee to enter for fall tillage, weed control, and planting--Protection of original lessee
Status: in_force

Whenever the commissioner of school and public lands shall offer any school or endowment agricultural lands for re - leasing before the expiration of an existing lease and the lands are leased to any person other than the holder of the unexpired lease, such lease shall permit the new lessee to enter upon such land for the purpose of fall tillage, chemical weed control, and planting, such commissioner being careful to prescribe proper rules and regulations for safeguarding the rights of the holder of the unexpired lease.

Source: SL 1917, ch 339, § 12; RC 1919, § 5644; SL 1933, ch 172, § 1; SDC 1939, § 15.0409; SL 1985, ch 37, § 9.
S.D. Codified Laws § 5-18A-17.1 — SD Code / Title 5 / Chapter 18A / Section 5-18A-17.1
Direct benefit from contract
Status: in_force

A state officer or employee derives a direct benefit from a contract if the state officer or employee, the officer's or employee's spouse, or other persons with whom the state officer or employee lives and commingles assets:

(1) Has more than a five percent ownership or other interest in an entity that is a party to the contract;

(2) Derives income, compensation, or commission directly from the contract or from the entity that is a party to the contract;

(3) Acquires property under the contract; or

(4) Serves on the board of directors of a for-profit entity that derives income or commission directly from the contract or acquires property under the contract.

A state officer or employee does not derive a direct benefit from a contract based solely on the value associated with the officer's or employee's investments or holdings, or the investments or holdings of other persons with whom the state officer or employee lives and commingles assets.

Source: SL 2015, ch 30, § 3.
S.D. Codified Laws § 5-15-29 — SD Code / Title 5 / Chapter 15 / Section 5-15-29
Reimbursement by agencies of depreciation and maintenance costs
Status: in_force

The Bureau of Human Resources and Administration may require state agencies to reimburse the bureau for the depreciation of physical facilities computed on their useful life and the actual cost of providing maintenance of physical facilities, including a proper share of utility costs, janitorial services, and supplies, utilized by the agency receiving such services. Such reimbursements shall be made to the Bureau of Human Resources and Administration on a monthly basis and the receipts from the reimbursements shall be deposited in the maintenance revolving account established in § 5-15-28 .

Source: SL 1966, ch 182, § 2; SL 1979, ch 35, § 1; SL 1985, ch 33, § 57; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-36 — SD Code / Title 5 / Chapter 12 / Section 5-12-36
Authority to convey property to state when debt paid or payment provided for--Reversion to authority
Status: in_force

To accomplish projects of the kind listed in this chapter, the Building Authority may convey property, without charge, to the State of South Dakota, if all debts which have been secured by the income from the property have been paid. The authority may transfer title and jurisdiction to the State of South Dakota of facilities, for which bonds have been issued and payment for the bonds has been provided for by an escrow. The facility shall revert to the authority if the lessee fails to make lease payments in connection with the facility until the bonds are paid.

Source: SL 1967, ch 276, § 5; SL 1986, ch 50, § 2; SL 1994, ch 50, § 10.
S.D. Codified Laws § 5-21-4 — SD Code / Title 5 / Chapter 21 / Section 5-21-4
Notice of surety bond to secretary of revenue--Termination of surety's liability for use and excise tax
Status: in_force

The surety within sixty days after entering into such performance bond shall send notice of the bond to the secretary of revenue. Six months after the completion of the contract and the acceptance of the improvement by the owner thereof, the additional obligation imposed upon the surety shall cease unless written notice, within such period of time, of unpaid use taxes and contractors' excise taxes, is given to the surety by the secretary of revenue.

Source: SL 1957, ch 479, § 2; SDC Supp 1960, § 65.0702-1; SL 1992, ch 48, § 2.
S.D. Codified Laws § 5-7-8 — SD Code / Title 5 / Chapter 7 / Section 5-7-8
Priority to receive permit determined by application date
Status: in_force

Priority to receive a permit on each tract, as provided in § 5-7-45 , shall be determined by the certification date on the application. The commissioner of school and public lands shall issue the lease accordingly.

Source: SDC 1939, § 15.0503 as added by SL 1953, ch 43, § 1; SL 1975, ch 48, § 2; SL 1993, ch 53, § 26.
S.D. Codified Laws § 5-16-2 — SD Code / Title 5 / Chapter 16 / Section 5-16-2
Provision of facilities for officers and employees to be eliminated or discontinued
Status: in_force

The chief executive officers and boards of control of all state agencies and institutions which make available living quarters, lodging, or domicile for the residency or occupancy of any state employee or officer, with or without his family, are hereby directed to make an immediate and deliberate effort to eliminate or discontinue such making available of living quarters, lodging, or domicile, or both such elimination and discontinuance, except as provided in § 5-16-3 .

Source: SL 1963, ch 324, § 2.
S.D. Codified Laws § 5-14-2 — SD Code / Title 5 / Chapter 14 / Section 5-14-2
Supervision by Bureau of Human Resources and Administration of capital improvement projects--Payment of appropriated funds
Status: in_force

The construction of all capital improvements projects as defined in § 5-14-1 of state agencies, boards, commissions, and institutions are under the general charge and supervision of the Bureau of Human Resources and Administration as provided in this chapter. Funds appropriated shall be paid on warrants drawn by the state auditor on vouchers duly approved by the Bureau of Human Resources and Administration and may also be approved by the authorized representative of the agency, board, commission, or institution to which the project appropriation is made.

Source: SL 1965, ch 255, § 1; SL 1967, ch 261; SL 1967, ch 262, § 1; SL 1992, ch 46, § 1; SL 2011, ch 2, § 34; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-29-16 — SD Code / Title 5 / Chapter 29 / Section 5-29-16
Formation of research park corporations
Status: in_force

The Board of Regents may form one or more research park corporations, separate and apart from the state, to construct, finance, develop, maintain, and operate research parks or economic development initiatives that support the teaching, research, or service mission of the university system by expanding opportunities for South Dakota faculty members, researchers, and students to participate in the application of research results and technological innovations in commerce, government, or public service.

Source: SL 2012, ch 46, § 16.
S.D. Codified Laws § 5-9-4 — SD Code / Title 5 / Chapter 9 / Section 5-9-4
Designation and appraisal of separate tracts for sale--Reappraisal of unsold land
Status: in_force

Such lands as shall not have been specially subdivided shall be designated and offered for sale in separate tracts of not more than eighty acres each, and the smallest subdivisions of those so subdivided shall be separately designated and offered for sale. The Board of Appraisal shall appraise such separate tract of land so selected and designated at its actual value under the terms of sale.

All lands designated for sale and not sold within two years after their appraisal shall be reappraised by the board of appraisers in the manner provided by law before they are sold.

Source: SL 1911, ch 224, §§ 32, 34; SL 1915, ch 272; RC 1919, §§ 5656, 5658; SL 1919, ch 306, § 2; SL 1927, ch 188; SDC 1939, §§ 15.0303, 15.0305; SL 1949, ch 47.
S.D. Codified Laws § 5-7-38 — SD Code / Title 5 / Chapter 7 / Section 5-7-38
Water law provisions applicable to certain geothermal leases
Status: in_force

All leases granted by the commissioner of school and public lands for the development of geothermal resources for industrial or commercial heating or production of electricity or minerals in solution, are subject to all of the provisions of chapters 46-5 and 46-6 , inclusive.

Source: SL 1980, ch 40, § 12.
S.D. Codified Laws § 5-7-25.1 — SD Code / Title 5 / Chapter 7 / Section 5-7-25.1
Geothermal resources--Additional provisions applicable to
Status: in_force

The provisions of §§ 5-7-25 to 5-7-37 , inclusive, apply to geothermal resources.

Source: SL 1980, ch 40, § 10.
S.D. Codified Laws § 5-10-1 — SD Code / Title 5 / Chapter 10 / Section 5-10-1
Assignment of receipts from leases, interest, and land sales to income and permanent funds
Status: in_force

The income from the leased lands of each class of school and public lands and the interest on the permanent fund of that class shall be assigned by the state treasurer to a fund to be known as the interest and income fund of such class. However, the income from any commercial lease made by the commissioner of school and public lands pursuant to SL 2017, ch 51, §§ 1 to 3, inclusive, as amended by SL 2018, ch 111, §§ 1 to 3, inclusive, shall be continuously appropriated to the endowed institution for use in maintaining the property and supporting the operations of the endowed institution. The principal of money derived from the sale of each class of lands granted to the state for educational and charitable purposes shall be assigned by the state treasurer to a fund to be known as the permanent fund of such class.

Source: SL 1911, ch 224, § 39; RC 1919, § 5663; SDC 1939, § 15.0601; SL 1957, ch 45; SL 2018, ch 111, § 9, eff. Feb. 8, 2018.
S.D. Codified Laws § 5-4-12 — SD Code / Title 5 / Chapter 4 / Section 5-4-12
Waste on public lands as misdemeanor
Status: in_force

This section applies to any public lands under the jurisdiction, administration, or control of the commissioner of school and public lands. Any person who, without being duly authorized:

(1) Commits waste or depredation on such lands;

(2) Removes, or attempts to remove from such land any valuable thing naturally a product of or an appurtenance thereto;

(3) Burns, or permits to be burned, any stubble on such lands leased to him;

(4) Uses, or attempts to use, any part of such lands for meadow or pasturage purposes;

(5) Cuts, removes, or attempts to remove therefrom any hay;

(6) Breaks, or attempts to cultivate, any part of such lands;

(7) Sows any flax on such lands;

(8) Fails or neglects to till or manage any such lands leased to him for agricultural purposes without an approved conservation plan as adopted by the local conservation district subject to the commissioner's approval;

(9) Fails or neglects to pile and dispose of all brush and debris on any such lands upon which timber has been cut by him, as provided by law;

Source: SL 1890, ch 140, § 1; SL 1901, ch 184, § 1; RPenC 1903, § 538; SL 1909, ch 95, § 1; SL 1911, ch 253, § 1; RC 1919, § 3832; SDC 1939, § 13.1310; SL 1980, ch 24, § 66; SL 1985, ch 37, § 1.
S.D. Codified Laws § 5-15-8 — SD Code / Title 5 / Chapter 15 / Section 5-15-8
Development of areas adjacent to capitol complex--Long-range plan
Status: in_force

The commission shall make recommendations for the development of areas immediately adjacent to the state capitol complex and acquaint the people of South Dakota with the need and purpose of a comprehensive long-range plan for capitol complex of sufficient and proper size to serve the future needs of the state and to secure the proper growth and expansion of the city of Pierre. The zone shall be designated the capitol area preservation zone and shall be zoned primarily for residential purposes and for governmental purposes.

Source: SL 1955, ch 300, § 2; SDC Supp 1960, § 55.02A02; SL 1980, ch 48, § 6; SL 1982, ch 55, § 1; SL 2011, ch 2, § 57.
S.D. Codified Laws § 5-18A-46 — SD Code / Title 5 / Chapter 18A / Section 5-18A-46
Exemptions for special circumstances
Status: in_force

The head of a governmental unit may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of any or all of the provisions of §§ 5-18A-43 and 5-18A-44 only if the governmental unit finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstances under this section may not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations, or concerning employees on the project who are not members of or affiliated with a labor organization.

Source: SL 2014, ch 40, § 5.
S.D. Codified Laws § 5-9-14 — SD Code / Title 5 / Chapter 9 / Section 5-9-14
Report of cash sale to Governor--Preparation and delivery of patent--Recordation--Fee
Status: in_force

If a tract has been sold for cash, the commissioner of school and public lands shall report such sale to the Governor. If the Governor approves the sale, the commissioner shall prepare a patent for the tract according to a form which the commissioner shall prescribe, which shall be executed in the name of the state by the Governor, and attested by the commissioner, under the seal of office. The patent shall be forwarded after the expiration of sixty days from the date of sale to the register of deeds of the county in which the land is located for delivery to the purchaser. The commissioner shall record the patent, deed, or contract in the county in which the land is located and charge the fee assessed by the county plus a transaction fee of ten dollars.

Source: SL 1911, ch 224, § 37; RC 1919, § 5661; SDC 1939, § 15.0308; SL 1949, ch 48; SL 1994, ch 47, § 7.
S.D. Codified Laws § 5-24A-13 — SD Code / Title 5 / Chapter 24A / Section 5-24A-13
Retention and disposition of sales proceeds
Status: in_force

Any money derived from the sale of public personal property shall be retained in a revolving account. This revolving account shall be used to pay the administrative expenses pertaining directly to the transportation, sale, and storage of surplus public personal property. Any money derived from the sale of property acquired by dedicated funds, internal service funds, or property inventoried by constitutional institutions, less the administrative expenses pertaining directly to the transportation, storage, and sale of such property shall be returned to the respective fund or institution. Any money derived from the sale of property not acquired by dedicated funds, internal service funds, or property inventoried by constitutional institutions, less the administrative expenses pertaining directly to the transportation, storage, and sale of the property, shall be paid to the state treasurer at the end of each fiscal year.

Source: SL 2008, ch 32, § 13.
S.D. Codified Laws § 5-15-45 — SD Code / Title 5 / Chapter 15 / Section 5-15-45
Alteration or covering of historic area prohibited--Public access--Exceptions
Status: in_force

No person may alter, change, remodel, partition, cover, or conceal an historic area which is a part of the state capitol building. In addition, no person may deny access to an historic area traditionally open to the public by creating physical barriers to access by the public except as may be necessary for public health, safety, or the safety of the property, or for the orderly conduct of state business, without the approval of the commission. However, the commissioner of human resources and administration temporarily may deny access to any area by the public or create temporary barriers for a period up to ninety days if, in the commissioner's judgment, it is necessary to do so for the public health, safety, or the safety of the property, or to permit the orderly conduct of state business.

Source: SL 1980, ch 49, § 1; SL 2011, ch 2, § 84; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-25 — SD Code / Title 5 / Chapter 18A / Section 5-18A-25
Preferences to certain resident businesses, qualified agencies, and businesses using South Dakota supplies or services
Status: in_force

In awarding a contract, if all things are equal, including the price and quality of the supplies or services, a purchasing agency shall give preference:

(1) To a qualified agency if the other equal low bid or proposal was submitted by a business that was not a qualified agency;

(2) To a resident business if the other equal low bid or proposal was submitted by a nonresident business;

(3) To a resident manufacturer if the other equal low bid or proposal was submitted by a resident business that is not a manufacturer;

(4) To a resident business whose principal place of business is located in the State of South Dakota, if the other equal low bid or proposal was submitted by a resident business whose principal place of business is not located in the State of South Dakota; or

(5) To a nonresident business providing or utilizing supplies or services found in South Dakota, if the other equal low bid or proposal was submitted by a nonresident business not providing or utilizing supplies or services found in South Dakota.

In computing price, the cost of transportation, if any, including delivery, shall be considered.

Source: SL 2010, ch 31, § 28.
S.D. Codified Laws § 5-15-1.1 — SD Code / Title 5 / Chapter 15 / Section 5-15-1.1
Direction and supervision of commission by Bureau of Human Resources and Administration--Independent functions retained
Status: in_force

The Capitol Complex Restoration and Beautification Commission shall be administered under the direction and supervision of the Bureau of Human Resources and Administration and the commissioner thereof. The commission shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions, as defined in § 1-32-1 , otherwise vested in it and shall exercise those functions independently of the commissioner of human resources and administration.

Source: SL 1974, ch 3, § 5 (b); SL 1980, ch 48, § 2; SL 2011, ch 2, § 50; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-26-8 — SD Code / Title 5 / Chapter 26 / Section 5-26-8
Exemptions of transactions between government agencies
Status: in_force

The provisions of this chapter do not apply to transactions between government agencies unless otherwise authorized by statute.

Source: SL 1985, ch 45, § 4.
S.D. Codified Laws § 5-18B-19 — SD Code / Title 5 / Chapter 18B / Section 5-18B-19
Amendment or change order to existing contract
Status: in_force

Any amendment or change order to an existing contract for construction, reconstruction, or remodeling of a public improvement does not need to be bid if:

(1) The contract contains unit prices for the same type or class of work;

(2) The change or extra work is necessitated by circumstances related to soils, utilities, or unknown conditions directly affecting the performance of the work that were not reasonably foreseeable at the time the underlying contract was let and the change or extra work is necessary to the completion of the public improvement; or

(3) The sum of the proposed amendment or change order plus the sum of all other prior unbid amendments or change orders, exclusive of change orders issued under subdivisions (1) and (2) of this section, does not exceed the following:

(a) For contracts not more than five hundred thousand dollars, the greater of twenty-five thousand dollars or fifteen percent of the base contract;

(b) For contracts exceeding five hundred thousand dollars but not more than two million five hundred thousand dollars, the greater of seventy-five thousand dollars or ten percent of the base contract; and

(c) For contracts exceeding two million five hundred thousand dollars, the greater of two hundred fifty thousand dollars or five percent of the base contract.

Source: SL 2010, ch 31, § 58.
S.D. Codified Laws § 5-4-9 — SD Code / Title 5 / Chapter 4 / Section 5-4-9
Improvements on tracts administered for public purposes--Reimbursement by purchaser or lessee
Status: in_force

Permits to place improvements on such lands shall be granted in such manner as permits are granted on all leased school and endowment lands or lands held in trust for the State of South Dakota and upon termination of the agreement mentioned in § 5-4-6 the subsequent lessee or the purchaser shall reimburse the holder of such permits as provided in §§ 5-5-29 to 5-5-32 , inclusive.

Source: SL 1941, ch 71, § 4; SDC Supp 1960, § 15.0420.
S.D. Codified Laws § 5-2-19 — SD Code / Title 5 / Chapter 2 / Section 5-2-19
Review process of property given to state
Status: in_force

Any real property given to the State of South Dakota shall undergo a review process. The Bureau of Finance and Management shall prepare a fiscal note showing the cost to state government of the gift. Any gift in which the cost to state government exceeds one thousand dollars in any one year requires legislative approval. The Bureau of Finance and Management shall annually report to the Legislature by the first day of the legislative session the gifts received by the state and their costs.

Source: SL 1992, ch 12, § 2.
S.D. Codified Laws § 5-7-32 — SD Code / Title 5 / Chapter 7 / Section 5-7-32
Pooling agreements on behalf of state authorized
Status: in_force

The commissioner of school and public lands is hereby authorized, in his discretion, to enter into agreements on behalf of the State of South Dakota for the pooling of acreage under his jurisdiction with other acreage for unit operations for the production of oil, gas, or geothermal resources and for the apportionment of oil, gas, or geothermal resources royalties on an acreage or other equitable basis.

Source: SL 1939, ch 164, § 1; SDC Supp 1960, § 42.0815; SL 1976, ch 20, § 3.
S.D. Codified Laws § 5-5-12 — SD Code / Title 5 / Chapter 5 / Section 5-5-12
Short-term leases acceptable--Leasing without readvertisement--Entitlement to new five-year lease
Status: in_force

The commissioner of school and public lands may accept a bid for a lease covering a period of one year or more, not exceeding five years, and in case no bids or proposals are made for any term, under the publication required in § 5-5-5 , or in case of a failure from any cause to complete the leasing of any tract offered, it shall within nine months thereafter be lawful to lease such lands under the provisions of this chapter without a readvertisement. However, any lessee of such common school, indemnity, or endowment lands is, at the expiration of a lease, entitled to a new lease for the land included in his original lease, or such portion thereof which has not been sold, for a period of five years.

Source: SL 1917, ch 339, § 5; RC 1919, § 5637; SL 1923, ch 256, § 1; SDC 1939, § 15.0405; SL 1987, ch 47, § 2.
S.D. Codified Laws § 5-29-3 — SD Code / Title 5 / Chapter 29 / Section 5-29-3
Research parks on state lands
Status: in_force

The Board of Regents may utilize state lands under its control for the construction, development, maintenance, and operation of research parks.

Source: SL 2012, ch 46, § 3.
S.D. Codified Laws § 5-18B-13 — SD Code / Title 5 / Chapter 18B / Section 5-18B-13
Occupancy before completion and acceptance
Status: in_force

If a purchasing agency elects to use and occupy the public improvement before acceptance, the purchasing agency shall pay all amounts due under the contract except double the amount that the architect or engineer estimates to be necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, or in any event not less than three hundred dollars. No interest may commence until thirty days after the work has been fully completed.

Source: SL 2010, ch 31, § 52.
S.D. Codified Laws § 5-24A-1 — SD Code / Title 5 / Chapter 24A / Section 5-24A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Administrator," the director of property management for the Bureau of Human Resources and Administration;

(2) "Authorized entity," a political subdivision, school, Indian tribe, or any nonprofit educational or health institutions as determined under Section 501 of the Internal Revenue Code;

(3) "Bureau," the Bureau of Human Resources and Administration;

(4) "Cannibalization," to take salvageable parts from a disabled machine for use in building or repairing another machine; or to make use of a part taken from one thing in building or repairing something else;

(5) "Disposed," the destruction, sale, transfer, trade in, discarding, or donation of state personal property;

(6) "Fair market value," the price at which sales have been consummated for assets of like type, quality, and quantity in a particular market at time of acquisition;

(7) "Fixed asset," personal property that has an expected life exceeding one year and has an initial purchase cost of five thousand dollars or more;

(8) "Net disposal value," the fair market value less the expense of the most cost effective disposal method;

(9) "Personal property," all property which, due to its nature or physical characteristics, cannot be included within the scope or definition of real property. The term includes property capable of being moved from one place to another and usually has a useful life of temporary duration as compared to real property. The term does not include livestock, seed, nursery stock, or organisms purchased for use in research, agricultural, landscaping, or forestry activities of state institutions or agencies or products derived or made from them. The term does not include foodstuffs or inventory purchased for resale by state institutions;

(10) "Proceeds," funds derived from the sale of surplus property;

(11) "Property manager," the chief administrative officer of the agency or an authorized agent;

(12) "Public auction," either a tangible event at a public location, an electronic event which is advertised and made available to the public via the internet, or some other bid process which is advertised and made available to the public;

(13) "Public agency," any unit of state, local, or tribal government within the State of South Dakota;

(14) "Surplus property," any item of personal property that is no longer needed by the owning agency.

Source: SL 2008, ch 32, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-22-4 — SD Code / Title 5 / Chapter 22 / Section 5-22-4
Actions to enforce or determine lien--Parties to action--Assertion of lien by answer
Status: in_force

Any person having such lien may bring an action to enforce the same in the circuit court for the county where the work or improvement or any part thereof shall be situated. Actions may likewise be commenced to determine such lien by the public body or the contractor. The plaintiff in any such action must make all persons who shall have filed liens, the contractor, and the public body parties thereto.

Any person claiming a lien, if he be a defendant, may set forth such lien by answer.

Source: SL 1895, ch 133, § 4; RCCivP 1903, § 716; RC 1919, § 1663; SDC 1939, § 39.0904.
S.D. Codified Laws § 5-2-16 — SD Code / Title 5 / Chapter 2 / Section 5-2-16
Assignment by county commissioners of sheriffs' certificates in school loan mortgages
Status: in_force

Sheriffs' certificates of sale issued in foreclosures of school loan mortgages shall be assignable by the resolution of the board of county commissioners of the county wherein the real estate affected thereby is located, without the approval of the Governor or commissioner of school and public lands. Assignments of such sheriffs' certificates of sale shall be executed by the chairman of the board and attested by the county auditor.

Source: SL 1925, ch 223, § 2; SDC 1939, § 55.0204.
S.D. Codified Laws § 5-9-31 — SD Code / Title 5 / Chapter 9 / Section 5-9-31
Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice
Status: in_force

Before the holder of a tax deed as above provided shall be entitled to a special contract of sale, notice shall be served upon the owner of record of the original contract of sale, and upon the person in possession of the land covered by said contract. Such notice shall be signed by the holder of the tax deed, his agent, or attorney, stating the date of the tax deed, the description of the land, the name of the holder of the contract, the date and number of the same, and setting forth the fact that he will make application for a special contract at the expiration of sixty days from the service of the notice. Personal service of such notice in the manner provided by law for the service of summons shall be made upon the holder of the contract if he resides within the state. If he is a nonresident such notice may be served by publication once each week for three consecutive weeks in some newspaper printed in the county where the land is situated.

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 § 5-18A-16 — SD Code / Title 5 / Chapter 18A / Section 5-18A-16
Recovery from defaulting bidder or offeror
Status: in_force

If any successful bidder or offeror fails to fulfill the conditions of an awarded contract, the purchasing agency may proceed to recover from the defaulting party whatever damages may have been sustained as a result of the default. The purchasing agency shall have all remedies provided in the contract and provided by law.

Source: SL 2010, ch 31, § 17.
S.D. Codified Laws § 5-5-32 — SD Code / Title 5 / Chapter 5 / Section 5-5-32
Acceptance or rejection of appraisal
Status: in_force

If any permitted improvement is appraised pursuant to § 5-5-31 , the owner of the improvement shall accept or reject the appraisal by written notice to the county auditor within five business days from the date of the appraisal or the appraisal is deemed rejected and a lease or conveyance shall be made.

Source: SL 1917, ch 339, § 19; RC 1919, § 5651; SL 1923, ch 254; SDC 1939, § 15.0416; SL 1971, ch 29, § 2; SL 2018, ch 45, § 4.
S.D. Codified Laws § 5-12-44 — SD Code / Title 5 / Chapter 12 / Section 5-12-44
Provisions applicable to contracts to acquire use or ownership
Status: in_force

The provisions of §§ 5-12-13 to 5-12-18 , inclusive, apply to all land, improvements and capital equipment which the Building Authority may occupy or use pursuant to any contract described in § 5-12-43 .

Source: SL 1983, ch 32, § 3.
S.D. Codified Laws § 5-7-30 — SD Code / Title 5 / Chapter 7 / Section 5-7-30
Grounds for cancellation of lease--Notice of intent to cancel and opportunity to remedy default
Status: in_force

The commissioner of school and public lands is hereby authorized to cancel any lease issued as provided in §§ 5-7-18 to 5-7-32 , inclusive, for nonpayment of rentals or nonperformance by the lessee of any requirement of the lease. With the exception of the nonpayment of rentals on or before the date they are due, if any such cancellation shall be made, the commissioner must mail to the lessee or assignee, by registered or certified letter addressed to the post office address of such lessee or assignee shown by the records of the office of the commissioner, a notice of intention to cancel said lease, specifying the default for which the lease is subject to cancellation and if within thirty days after the mailing of said notice to the lessee or assignee he shall remedy the default specified in such notice, then no cancellation of said lease shall be ordered by the commissioner but, otherwise, the cancellation shall be made and all the rights of the lessee or assignee under the lease shall thereupon terminate. No notice of intention to cancel shall be required where the default is the nonpayment of rentals on or before the date they are due.

The mailing of the notice as provided in this section shall constitute notice of the intention of the commissioner to cancel the lease and no proof of receipt of such notice shall be necessary or required.

Source: SL 1931, ch 203, § 8; SDC 1939, § 15.0513; SL 1953, ch 45.
S.D. Codified Laws § 5-9-23 — SD Code / Title 5 / Chapter 9 / Section 5-9-23
Forfeiture of installment contract for delinquency or violation--Retention of purchase money and improvements as liquidated damages--Immediate right to reentry and possession
Status: in_force

The deferred payments for lands sold and the interest thereon shall be paid promptly when due to the commissioner of school and public lands. Whenever the purchaser of any tract shall fail to pay the principal and interest due by him to the state for such tract within three months after same shall become due or shall violate any of the provisions of the contract of sale, such contract shall be null and void and he shall forfeit the amount of purchase money and interest paid on the purchase of said land, and all right, title, and interest in all improvements thereon, and such payments and improvements shall be retained by the state for the same purposes for which the proceeds of sale from such lands are used, in full satisfaction and in liquidation of all damages for the use and possession of said property by the purchaser; and the state shall have immediate right to reenter and take possession of said real estate.

Source: SL 1911, ch 224, § 42; RC 1919, § 5666; SL 1919, ch 306, § 3; SL 1929, ch 221; SDC 1939, § 15.0309; SL 1988, ch 49, § 2.
S.D. Codified Laws § 5-18A-7 — SD Code / Title 5 / Chapter 18A / Section 5-18A-7
Procedures for competitive sealed proposals
Status: in_force

The procedures for issuing a contract through competitive sealed proposals are as follows:

(1) The proposals shall be solicited through a request for proposals. The request for proposals shall state the relative importance of price and other factors, if any;

(2) Public notice of the request for proposals shall be given pursuant to § 5-18A-14 ;

(3) A proposal may be submitted either manually or electronically in a manner authorized by the purchasing agency;

(4) Each proposal shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals shall be prepared documenting the name and address of each offeror and identifying each offeror awarded a contract. The register shall be open for public inspection after contract award;

(5) As provided in the request for proposals, a discussion may be conducted with any responsible offeror who submitted a proposal determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Each offeror shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of a proposal. A revision may be permitted after a submission and prior to an award for the purpose of obtaining the best and final offer. In conducting any discussion, there may be no disclosure of any information derived from any proposal submitted by a competing offeror;

(6) An award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the purchasing agency taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria may be used in the evaluation. The contract file shall contain the basis on which the award is made. Written notice of the award of a contract to the successful offeror shall be promptly given to each offeror. The purchasing agency may reject any and all proposals and readvertise for proposals if none of the proposals are satisfactory, or if the purchasing agency believes any agreement has been entered into by the offerors to prevent competition; and

(7) This section does not apply to state professional service contracts issued pursuant to § 5-18A-37 and §§ 5-18D-17 to 5-18D-24 , inclusive.

Source: SL 2010, ch 31, § 8.
S.D. Codified Laws § 5-18B-12 — SD Code / Title 5 / Chapter 18B / Section 5-18B-12
Bond or deposit of securities in lieu of retention of sums due for work performed
Status: in_force

The purchasing agency may include in any contract for a public improvement provisions for a bond or the deposit of securities in lieu of sums retained from payments due a contractor for work performed pursuant to the terms of the contract. The contract document shall state the types of bond or securities to be accepted and the procedural requirements for the deposits.

Source: SL 2010, ch 31, § 51.
S.D. Codified Laws § 5-12-26 — SD Code / Title 5 / Chapter 12 / Section 5-12-26
Creation of state obligation not authorized
Status: in_force

Nothing in this chapter shall be construed to authorize the Building Authority or any department, board, commission, or other agency to create an obligation of the State of South Dakota within the meaning of the Constitution or statutes of South Dakota.

Source: SL 1967, ch 276, § 13.
S.D. Codified Laws § 5-5-20 — SD Code / Title 5 / Chapter 5 / Section 5-5-20
Assignment of lease--Approval required--Form--Filing--Fee--Subletting prohibited--Double damages for subletting
Status: in_force

The lessee of any school or endowment lands may assign his lease to any third person; but before any such assignment of a lease is effective, the assignment shall be approved by the commissioner of school and public lands and a copy thereof filed by the commissioner. The commissioner shall prescribe the form to be used for such assignment and shall fix a reasonable fee for filing, recording and approval of it. The subletting of any school and endowment lands by the lessee thereof for profit is prohibited. Such subletting shall be cause for the forfeiture of the lease and shall render the lessee liable to the state for damages in double the amount of the difference between the lease rental and the amount paid or agreed to be paid from the sublessee.

Source: SL 1917, ch 339, § 21; RC 1919, § 5653; SDC 1939, § 15.0417; SL 1951, ch 44; SL 1984, ch 36, § 1.
S.D. Codified Laws § 5-1-20 — SD Code / Title 5 / Chapter 1 / Section 5-1-20
Discovery of paleontological resources to be reported to commissioner
Status: in_force

Any person who discovers any scientifically significant paleontological resources on lands under the jurisdiction of the commissioner of school and public lands shall promptly report the discovery to the commissioner. Nothing in this section may be construed to authorize any person to survey or excavate for paleontological resources other than as provided in §§ 5-1-15 to 5-1-20 , inclusive.

Source: SL 1996, ch 36, § 6.
S.D. Codified Laws § 5-18D-26 — SD Code / Title 5 / Chapter 18D / Section 5-18D-26
State auditor stop order
Status: in_force

The state auditor may stop the letting or the execution of any contract with the state, or with any state officer, commission, board, institution, or agency by serving a written notice of the order on the officer, commission, or board involved, the secretary of state, the attorney general, and on the contractor, if any, stating the grounds on which the state auditor has determined that the contract is illegal, unauthorized, or improper.

Source: SL 2010, ch 31, § 24.
S.D. Codified Laws § 5-14-13.1 — SD Code / Title 5 / Chapter 14 / Section 5-14-13.1
International wheelchair symbol to be displayed
Status: in_force

All public buildings and facilities providing facilities for the wheelchair user, including entrance and exit facilities, shall display at all entrances the internationally recognized symbol for wheelchair users.

Source: SL 1971, ch 30; SL 2011, ch 2, § 42.
S.D. Codified Laws § 5-29-14 — SD Code / Title 5 / Chapter 29 / Section 5-29-14
Title to improvements upon termination
Status: in_force

Notwithstanding any other provision of law to the contrary, upon termination of any such lease, contract, or agreement, the Board of Regents may take title to all improvements comprising the research park.

Source: SL 2012, ch 46, § 14.
S.D. Codified Laws § 5-24A-17 — SD Code / Title 5 / Chapter 24A / Section 5-24A-17
Liquidation of State Cement Plant Commission property
Status: in_force

Notwithstanding any other provision of law, including chapters 5-2 , 5-7 , and 5-24A , the commission shall, not later than June 30, 2011, liquidate all of the commission's remaining property, excluding any mineral estates owned or leased by the commission. If liquidating property with an estimated fair market value of greater than one hundred dollars, the commission shall dispose of the property in a manner consistent with the provisions of § 5-24A-6 .

Source: SL 2010, ch 32, § 1.
S.D. Codified Laws § 5-18D-14 — SD Code / Title 5 / Chapter 18D / Section 5-18D-14
Printing office not to accept contracts from private individuals or organizations
Status: in_force

No printing office within state government, whether the office is within the Bureau of Human Resources and Administration or within an institution of higher education, may accept printing contracts or jobs from private individuals or organizations.

Source: SL 2010, ch 31, § 107; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-16-1 — SD Code / Title 5 / Chapter 16 / Section 5-16-1
New facilities for officers and employees not to be provided
Status: in_force

No living quarters, lodging, or domicile for the residency or occupancy of any state employee or officer, with or without his family, shall be constructed, purchased, or otherwise secured with state funds, except as provided in § 5-16-3 .

Source: SL 1963, ch 324, § 1.
S.D. Codified Laws § 5-7-52 — SD Code / Title 5 / Chapter 7 / Section 5-7-52
Term of permit--Primary and secondary terms--Tertiary and quaternary terms--Royalties
Status: in_force

All leases issued under these provisions shall be for a primary term of three years and as long thereafter as any mineral or minerals in paying quantities be produced or mined from the lands, subject to the continued payment of annual rentals.

If the lessee fails to discover and produce minerals in paying quantities during the primary term of the lease, the lessee may continue the lease in full force and effect for an additional or secondary term of two years and as long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance two times the rental provided in the primary term.

However, if the lessee fails to discover and produce minerals in paying quantities during the secondary term of the lease, the lessee of record or the record owner of an approved assignment may continue the lease, as to the portion held by him, in full force and effect for an additional or tertiary term of five years and so long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance not less than three dollars per acre per year as rental.

If the lessee fails to discover and produce minerals in paying quantities during the tertiary term of the lease, the lessee of record or the record owner of an approved assignment may continue the lease, as to the portion held by him, in full force and effect for an additional or quaternary term of five years and so long thereafter as any mineral or minerals in paying quantities be produced or mined from the leased land, by paying each year in advance of the lease anniversary date not less than ten dollars per acre per year as rental, plus a sum as advance royalty computed as follows:

For the eleventh year, not less than ten dollars per acre per year;

For the twelfth year, not less than twenty dollars per acre per year;

For the thirteenth year, not less than thirty dollars per acre per year;

For the fourteenth year, not less than forty dollars per acre per year; and

For the fifteenth year, not less than fifty dollars per acre per year.

However, upon the commencing of the production of minerals in paying quantities, the principal sum so paid as advance royalty for the lease year in which the mineral is produced and the advance royalty paid for the two previous years shall be credited against the royalty payable to the lessor.

Source: SL 1993, ch 53, § 8.
S.D. Codified Laws § 5-7-29 — SD Code / Title 5 / Chapter 7 / Section 5-7-29
Effect of approved assignment of lease
Status: in_force

Upon approval by the commissioner of school and public lands of an assignment, the assignor shall stand relieved from all obligations to the state with respect to the lands embraced in the assignment and the state shall likewise be relieved from all obligations to the assignor as to such tract or tracts, and thereupon, the assignee shall succeed to all of the rights and privileges of the assignor with respect to such tracts and shall be held to have assumed all of the duties and obligations of the assignor to the state as to such tracts.

Source: SL 1931, ch 203, § 4; SDC 1939, § 15.0512.
S.D. Codified Laws § 5-1-7.2 — SD Code / Title 5 / Chapter 1 / Section 5-1-7.2
Additional types of subsidiary leases--Commercial, forestry or military purposes--Rules
Status: in_force

In addition to agricultural and grazing leases pursuant to chapter 5-5 , mineral leases pursuant to chapter 5-7 , and wind and solar easements and leases pursuant to § 5-4-5.2 , the commissioner of school and public lands may, by rules promulgated pursuant to chapter 1-26 , provide for the establishment of additional types of subsidiary leases on school and public lands. The additional leases may be for commercial or forestry purposes and shall be both economical and consistent with the stewardship of the school and public lands.

Leases may also be established to authorize the use of such lands for military purposes by state or federal military units.

Rules authorized by this section may provide for all necessary considerations, including the creation, marketing, administration, and termination of the leases.

Source: SL 1992, ch 41; SL 2002, ch 29, § 1; SL 2019, ch 45, § 1.
S.D. Codified Laws § 5-9-5 — SD Code / Title 5 / Chapter 9 / Section 5-9-5
Offer to purchase particular tract--Forfeiture or return of payment
Status: in_force

Any person may file with the commissioner of school and public lands a written offer on any tract, which offer shall be accompanied by a payment of fifty cents for each acre in the tract on which the offer is made. If the tract of land is selected for sale in the year in which the offer is made, the payment, once received, is not refundable and the amount shall be deposited to the credit of the permanent fund of the class of land involved. If the tract is not selected for sale by the commissioner or the Board of Appraisal in the year in which the offer is made, the payment shall be returned to the offeror.

Source: SDC 1939, § 15.0302 as added by SL 1961, ch 54; SL 1982, ch 52.
S.D. Codified Laws § 5-12-1 — SD Code / Title 5 / Chapter 12 / Section 5-12-1
Authority created--Composition--Initial terms--Political affiliation--Chairman
Status: in_force

There is created the South Dakota Building Authority, a body corporate and politic, to consist of seven members appointed by the Governor with the advice and consent of the Senate. The terms for the initial appointments shall be as follows: one member four years; two members three years; two members two years, and two members one year. Not all of the members shall be of the same political party. No person shall be appointed to the building authority who is an elected official of the State of South Dakota or any subdivision thereof. One of the members shall be designated by the Governor as chairman.

Source: SL 1967, ch 276, § 1; SL 1980, ch 21, § 3.
S.D. Codified Laws § 5-1-7 — SD Code / Title 5 / Chapter 1 / Section 5-1-7
General powers of commissioner--Plats and records--Sales and leases--Contracts and patents--Seal of office
Status: in_force

The commissioner of school and public lands shall have the direction, management, and control of all lands heretofore granted or which may hereafter be granted to this state by the United States, or otherwise acquired, and of all the plats and records pertaining to the title thereto and the disposition thereof. He shall conduct all sales and have general supervision of all leasing of school and public lands. He shall issue all contracts and patents, and may approve or disapprove any lease submitted to him by the county auditors of the several counties. He shall keep on file all contracts and leases, and shall keep a complete record of all patents to school and public lands, and of all bonds and mortgages for moneys obtained from the permanent funds of school or endowment lands. He shall keep a seal for the use of his office to be known and designated as "the seal of the commissioner of school and public lands."

Source: SL 1911, ch 224, § 1; RC 1919, § 5628; SDC 1939, § 15.0101.
S.D. Codified Laws § 5-7-46 — SD Code / Title 5 / Chapter 7 / Section 5-7-46
Penalties for fraud
Status: in_force

Any lessee of mineral lands under this chapter who conceals, or attempts to conceal any sale of ores or mineral products derived therefrom on which a royalty is payable, or who defrauds, or attempts to defraud, the state out of any such royalty is subject to a civil penalty of not more than one thousand dollars for each day of violation. In addition, such civil penalty does not operate as a bar to the collection of amounts owed to the state by such lessee; and his lease shall be forfeited in the manner provided in this chapter.

Source: SL 1993, ch 53, § 2.
S.D. Codified Laws § 5-7-23.1 — SD Code / Title 5 / Chapter 7 / Section 5-7-23.1
Term of geothermal leases
Status: in_force

The term of all geothermal leases shall be for a period not to exceed ten years and as long as geothermal resources are produced from the leased lands.

Source: SL 1980, ch 40, § 8.
S.D. Codified Laws § 5-15-34 — SD Code / Title 5 / Chapter 15 / Section 5-15-34
Promulgation of rules for conduct in capitol complex and grounds
Status: in_force

The commissioner of human resources and administration may promulgate such rules pursuant to chapter 1-26 as may be necessary to promote the health, safety, and general welfare, to prohibit public intoxication, disturbances, and disorderly assemblies, to keep the peace, and to declare what constitutes a nuisance within the buildings of the capitol complex and the capitol grounds. These rules may include the regulation of hours of general public accessibility to buildings within the capitol complex and the regulation of obstruction, speed limits, and parking on the streets and alleys within the capitol grounds.

Source: SL 1974, ch 48, § 2; SL 2011, ch 2, § 79; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-2-2.3 — SD Code / Title 5 / Chapter 2 / Section 5-2-2.3
Use of proceeds and interest from sale
Status: in_force

Except for the proceeds from the sale of endowment lands, the net proceeds, and accumulated interest from sale of land under the Board of Regents pursuant to § 5-2-2.1 shall be used by the Board of Regents for acquisition of real and personal property or capital improvements subject to the approval of the Legislature. For purposes of this section, the definition of capital improvement contained in § 5-14-1 applies.

Source: SL 1976, ch 7, § 2; SL 1989, ch 20, § 54; SL 1989, ch 49, § 2; SL 1990, ch 30, § 19; SL 2011, ch 29, § 7; SL 2011, ch 30, § 6; SL 2018, ch 111, § 8, eff. Feb. 8, 2018.
S.D. Codified Laws § 5-18D-17 — SD Code / Title 5 / Chapter 18D / Section 5-18D-17
Professional services exceeding fifty thousand dollars
Status: in_force

No agency of the state may award or renew a contract for professional services exceeding fifty thousand dollars without complying with the procedures set forth in this section to § 5-18D-22 , inclusive. Any agency seeking such professional services shall issue a request for proposals. The agency shall publish any request for proposals issued pursuant to this section on the electronic procurement system maintained by the Bureau of Human Resources and Administration. The request for proposals shall include the procedures for the solicitation and award of the contract.

Source: SL 2010, ch 31, § 111; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18D-7 — SD Code / Title 5 / Chapter 18D / Section 5-18D-7
State bidders list
Status: in_force

The Bureau of Human Resources and Administration may establish a state bidders list in order to facilitate the notification of official state invitations for bids or requests for proposals. Bidders may request placement on the state bidders list and notification of any lettings issued under this chapter. The bureau may establish by rules, promulgated pursuant to chapter 1-26 , a fee for placement on the list to defray the cost of administration. Any fees charged shall be deposited in the internal service fund created in § 5-18D-8 .

Source: SL 2010, ch 31, § 100; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-5-1 — SD Code / Title 5 / Chapter 5 / Section 5-5-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Commissioner," the commissioner of school and public lands;

(2) "Lease," the original lease or a certified copy thereof;

(3) "Lessee," the original lessee, or the assignee of such lease, provided the assignment has been made upon the reverse of the original copy of the lease, or a certified copy thereof, and provided further that such assignment shall have been submitted to the commissioner on or before the first day of November first preceding the expiration date of the lease.

Source: SL 1949, ch 71, § 1; SDC Supp 1960, § 15.0405-1.
S.D. Codified Laws § 5-12-13 — SD Code / Title 5 / Chapter 12 / Section 5-12-13
Lease of facilities and sites to state agencies authorized--Commencement of payments under lease
Status: in_force

The Building Authority may execute leases of facilities and sites to, and charge for the use of any such facilities and sites by the Board of Regents, any officer, department, board, commission, or other agency of the State of South Dakota, or the commissioner of human resources and administration if the commissioner is requested to, by and on behalf of, or for the use of, any officer, department, board, commission, or other agency of the State of South Dakota. The leases may be entered into contemporaneously with any financing to be done by the authority and payments under the terms of the lease shall begin at any time after execution of any such lease.

Source: SL 1967, ch 276, § 5; SL 1989, ch 20, § 61; SL 1994, ch 50, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18A-42 — SD Code / Title 5 / Chapter 18A / Section 5-18A-42
Fair and open competition in government contracts
Status: in_force

Sections 5-18A-43 to 5-18A-47 , inclusive, are intended to provide for more economical, nondiscriminatory, neutral, and efficient procurement of construction-related goods and services by this state and political subdivisions of this state as market participants by providing for fair and open competition in government contracts.

Source: SL 2014, ch 40, § 1.
S.D. Codified Laws § 5-18B-8 — SD Code / Title 5 / Chapter 18B / Section 5-18B-8
Forfeited funds accrue to funds provided for construction
Status: in_force

Any funds forfeited by a bidder or surety shall accrue to the funds provided for construction of the public improvement.

Source: SL 2010, ch 31, § 47.
S.D. Codified Laws § 5-7-16 — SD Code / Title 5 / Chapter 7 / Section 5-7-16
Right of lease holder to enter sold or leased lands
Status: in_force

In all cases where state lands have been sold subject to the reservation regarding coal, ores, asphaltum, metals, and mineral rights referred to in § 5-7-3 and in all cases where such lands have been leased for agricultural, meadow, pasturage, or other purposes, pursuant to the provisions of law, the holder of any lease subsequently issued thereon may nevertheless enter upon the same and prospect thereunder.

Source: SL 1919, ch 305, § 5; SL 1931, ch 203, § 13; SDC 1939, § 15.0504; SL 1993, ch 53, § 34.
S.D. Codified Laws § 5-7-65 — SD Code / Title 5 / Chapter 7 / Section 5-7-65
Limited surface and subsurface easements for access to oil, gas, minerals, and geothermal resources
Status: in_force

The commissioner of school and public lands may grant limited surface and subsurface easements on public lands to provide access to land containing potential oil, gas, minerals, or geothermal resources which are not subject to lease pursuant to chapter 5-7 or to public lands held by a separate exploration, development, or production lease issued pursuant to chapter 5-7 . Any easement shall be granted pursuant to the provisions of § 5-2-11 with terms and conditions that are customary and proper for the protection of the rights of the state and the surface lessee.

Source: SL 2014, ch 39, § 1.
S.D. Codified Laws § 5-18A-37 — SD Code / Title 5 / Chapter 18A / Section 5-18A-37
Cooperation and agreements with other state and federal purchasing agencies
Status: in_force

Any purchasing agency may enter into agreements with purchasing agents in this or any other state or the United States government under which any of the parties may agree to participate in, administer, sponsor, or conduct purchasing transactions under a joint agreement or contract for the purchase of supplies or contractual services. A purchasing agency may cooperate with purchasing agencies and other interested parties in any other state or the United States government to develop uniform purchasing specifications on a regional or national level to facilitate cooperative interstate purchasing transactions.

Source: SL 2010, ch 31, § 110.
S.D. Codified Laws § 5-18A-11 — SD Code / Title 5 / Chapter 18A / Section 5-18A-11
Purchases of supplies and services under fifty thousand dollars
Status: in_force

Unless otherwise specified by statute, purchases of supplies and services under fifty thousand dollars must be made as follows:

(1) Notwithstanding other provisions of chapter 5-18A or 5-18D , the Bureau of Human Resources and Administration may authorize state agencies and institutions to make purchases of supplies over four thousand dollars and under fifty thousand dollars by obtaining three quotes from different vendors. If three quotes cannot be obtained, the Bureau of Human Resources and Administration may approve the purchase if in the best interest of the state, require additional quotes to be obtained, or require the purchase be advertised for bids;

(2) State purchases of supplies under four thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state;

(3) State purchases of services under fifty thousand dollars may be made in accordance with procedures established by the purchasing agency in the best interests of the state; and

(4) For all other purchasing agencies, purchases under fifty thousand dollars may be made in accordance with procedures established by the purchasing agency.

No purchases may be artificially divided to constitute a small purchase under this section.

Source: SL 2010, ch 31, § 12; SL 2011, ch 31, § 2; SL 2023, ch 17, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-7-47 — SD Code / Title 5 / Chapter 7 / Section 5-7-47
Inspection of records
Status: in_force

The commissioner may inspect all records or books of account pertaining to the mining, extraction, transportation, reduction, and returns of all ores taken from such leased lands.

Source: SL 1993, ch 53, § 3.
S.D. Codified Laws § 5-5-15 — SD Code / Title 5 / Chapter 5 / Section 5-5-15
Deposit of first year's rent by successful bidder--Approval, execution, and delivery of lease--Return of deposit if lease disapproved
Status: in_force

If the highest offer for any tract of land is satisfactory and the tract is reserved for the bidder, the bidder shall at once deposit with the commissioner the amount specified as the annual rental for the tract. A lease of such tract shall be prepared in duplicate, according to the form prescribed by the commissioner. The lessee shall sign the lease.

If the commissioner approves the lease, the commissioner shall submit the lease to the Governor for approval. If the Governor approves the lease, the Governor shall certify the approval and the commissioner shall sign the lease in duplicate on behalf of the state and file a copy of the lease and the Governor's approval in the commissioner's office. The commissioner shall deliver one copy of the lease to the lessee, and notify the county treasurer of the execution and approval of the lease.

If the commissioner or the Governor disapprove the proposed lease, the commissioner shall return to the bidder the sum deposited.

Source: SL 1917, ch 339, § 10; RC 1919, § 5642; SL 1923, ch 257; SDC 1939, § 15.0407; SL 1967, ch 35; SL 1994, ch 47, § 3.
S.D. Codified Laws § 5-18B-35 — SD Code / Title 5 / Chapter 18B / Section 5-18B-35
Review and opinion of performance criteria developer--Submission to governing body
Status: in_force

Once received, any proposal shall be submitted to the performance criteria developer for review. Clarifications may be required to ensure conformance of any proposal with the performance criteria. In seeking clarifications, the performance criteria developer may not reveal any aspect of any design-builder's proposal to any other design-builder. No proposal may be considered until the performance criteria developer issues a written opinion that the proposal is consistent with the performance criteria. Once the performance criteria developer has issued such an opinion, the proposal shall be submitted to the governing body of the purchasing agency for review and evaluation. No proposal or design-build contract may be accepted unless the purchasing agency determines there was adequate competition for such contract.

Source: SL 2010, ch 31, § 74.
S.D. Codified Laws § 5-18B-14 — SD Code / Title 5 / Chapter 18B / Section 5-18B-14
Project superintendent--Installment payments--Final payment
Status: in_force

The purchasing agency may appoint a competent superintendent who may be the architect or engineer furnishing the plans and specifications for the public improvement. The superintendent shall report to the purchasing agency or board every thirty days as to the progress and character of the work done by the contractor. Upon the reports of the superintendent, the purchasing agency shall make payments promptly to the contractor during the process of construction to the extent provided by the contract based on the value of the work done and materials furnished. The payments shall be divided into such installments as the board and the contractor may agree upon at the time of entering into the contract, and which shall be included in and be a part of the terms of the contract. No payment, however, constitutes an acceptance, in whole or in part, by the purchasing agency prior to making of the final payment and acceptance in full completion of the contract. Final payment of any sums due to the contractor shall be made within thirty days after the completion and acceptance of the public improvement by the purchasing agency.

Source: SL 2010, ch 31, § 53.
S.D. Codified Laws § 5-18A-12 — SD Code / Title 5 / Chapter 18A / Section 5-18A-12
Cancellation of invitation for bids or request for proposals and rejection of bids or proposals
Status: in_force

An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, if the purchasing agency determines it is in the best interests of the agency. The reasons for the cancellation or rejection shall be made part of the contract file.

Source: SL 2010, ch 31, § 13.
S.D. Codified Laws § 5-18A-17 — SD Code / Title 5 / Chapter 18A / Section 5-18A-17
Self-dealing by state officer or employee in award or terms of agency contract prohibited
Status: in_force

No state officer or employee who approves, awards, or administers a contract on behalf of a state agency, may have an interest in a contract or derive a direct benefit from a contract that is within the scope of the officer's or employee's official duties, nor for a one-year period following the end of their employment or position as a state officer may the officer or employee derive a direct benefit as a result of such contract except as provided in § 5-18A-17.2 . In addition, no such officer or employee may enter into any contract, other than a contract of employment, with any state agency for a period of one year following their leaving office or employment except as provided in § 5-18A-17.3 . This prohibition includes any state officer or employee who, in his or her official capacity, recommends the approval or award of the contract or who supervises a person who approves, awards, or administers the contract. This prohibition does not include any state officer who serves without compensation or who may be paid per diem pursuant to § 4-7-10.4 .

Source: SL 2010, ch 31, § 18; SL 2011, ch 2, § 154; SL 2015, ch 30, § 2.
S.D. Codified Laws § 5-7-40 — SD Code / Title 5 / Chapter 7 / Section 5-7-40
Limitation of actions to contest validity of oil and gas leases
Status: in_force

If any person has a vested right in any real property leased and desires to contest the validity of an oil and gas lease and no action to enforce such right is begun before July 1, 1983, such right shall be forever barred. No action so brought shall be of any force or effect, or maintained in any court in this state, unless before July 1, 1983, there is recorded in the office of the register of deeds of the county in which the real estate is situated, a notice of pendency of such action, in accordance with the provisions of chapter 15-10 .

Source: SL 1982, ch 51, § 2.
S.D. Codified Laws § 5-29-1 — SD Code / Title 5 / Chapter 29 / Section 5-29-1
Legislative findings
Status: in_force

The Legislature finds that to increase research and technology- related economic activity in South Dakota and to expand the opportunities for South Dakota faculty members, researchers, and students to participate in the application of research results and technological innovations in commerce, government, or public service, it is critically important to encourage research opportunities and programs within the regental system. To these ends, the Legislature intends that this chapter be construed as authorizing and encouraging coordinated public and private investments in facilities situated on lands controlled by the Board of Regents and designed to support commercial application of research results and technological innovations.

Source: SL 2012, ch 46, § 1.
S.D. Codified Laws § 5-18D-20 — SD Code / Title 5 / Chapter 18D / Section 5-18D-20
Register of proposals for professional service contract--Confidential information
Status: in_force

A register of proposals shall be prepared and maintained by any state agency issuing a request for proposals for a professional service contract. The register shall contain the names of any person whose qualifications were considered and the name of the person that was awarded the contract. Any professional service contract and the documentation that was the basis for the contract is public except for proprietary information which shall remain confidential. The qualifications and any other documentation of any person not issued a contract shall remain confidential.

Source: SL 2010, ch 31, § 114.
S.D. Codified Laws § 5-18B-24 — SD Code / Title 5 / Chapter 18B / Section 5-18B-24
Contracts with unlicensed or unqualified design-builder permitted if services sublet to licensed or qualified person
Status: in_force

A design-builder may contract with the purchasing agency to provide professional services or construction services for which the design-builder is not licensed, registered, or qualified to perform, as long as the design-builder sublets all such services required under the design-build contract to a licensed, registered, or otherwise qualified person.

Source: SL 2010, ch 31, § 63.
S.D. Codified Laws § 5-15-47 — SD Code / Title 5 / Chapter 15 / Section 5-15-47
Historic area defined
Status: in_force

For the purposes of §§ 5-15-44 to 5-15-48 , inclusive, an "historic area" includes the chambers of the Supreme Court, the legislative chambers of the State House of Representatives and the State Senate, the reception area traditionally used by the Governor, and any mural, painting, statue, or decoration created for or attached to the state capitol building.

Source: SL 1980, ch 49, § 3.
S.D. Codified Laws § 5-18B-3 — SD Code / Title 5 / Chapter 18B / Section 5-18B-3
Check or bid bond requirement--Waiver
Status: in_force

Notwithstanding the provisions of § 5-18B-2 , the requirement of a bid bond, certified or cashier's check, cash, or other security may be waived by the purchasing agency if the bid submitted does not exceed the limit established pursuant to § 5-18A-14 for a public improvement.

Source: SL 2010, ch 31, § 42; SL 2021, ch 33, § 1.
S.D. Codified Laws § 5-7-41 — SD Code / Title 5 / Chapter 7 / Section 5-7-41
Assignment of certain state-owned minerals to oil and gas royalty increment status--Required findings
Status: in_force

The commissioner of school and public lands may, upon his own motion or upon petition by an interested person assign, specific state - owned minerals to oil and gas royalty increment status. The assignment shall be made pursuant to the contested case requirements of chapter 1-26 and shall include a legal description of the state mineral lands assigned the status and a specific term, under ten years, during which the lands may be leased as on an oil and gas royalty increment status. The assignment may be made only upon a finding by the commissioner that:

(1) There has been no oil or gas production on the state - owned mineral land proposed to be assigned royalty increment status, and on private or federal minerals within the immediate area;

(2) There has been no oil or gas lease issued on the state - owned mineral land proposed to be assigned royalty increment status within the last ten years;

(3) There has been no oil or gas prospecting permit issued for the state - owned mineral land proposed to be assigned royalty increment status within the last five years;

(4) There has been no exploration permit for oil or gas issued by the Department of Agriculture and Natural Resources in the immediate area of the state - owned mineral land proposed to be assigned royalty increment status within the last five years;

(5) The assignment of oil and gas royalty increment status to the state - owned minerals may encourage the development of oil or gas reserves on those lands; and

(6) The assignment will not have a substantial impact on privately owned minerals within the immediate area surrounding the state - owned mineral land proposed to be assigned royalty increment status.

Source: SL 1992, ch 43, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 5-12-8.1 — SD Code / Title 5 / Chapter 12 / Section 5-12-8.1
5-12-8.1. Additional powers with respect to projects under §5-12-8
Status: in_force

In addition to any other powers granted to the authority pursuant to this chapter, with respect to projects of the kind listed in § 5-12-8 , the authority may:

(1) Make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;

(2) Employ fiscal consultants, engineers, attorneys, and such other consultants and employees as may be required and contract with the South Dakota Housing Development Authority to provide staff and support services;

(3) Procure insurance against any loss in connection with the property and other assets, including loans and loan notes in such amounts and from such insurers as it may deem advisable;

(4) Procure insurance, letters of credit, guarantees, or other credit enhancement arrangements from any public or private entities, including any department, agency, or instrumentality of the United States, for payment of all or any portion of any bonds issued by the authority, including the power to pay premiums, fees or other charges on any such insurance, letters of credit, guarantees, or credit arrangements;

(5) Receive and accept from any source aid or contributions of moneys, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter subject to the conditions upon which the grants or contributions are made, including, but not limited to, gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter;

(6) Enter into agreements with any department, agency, or instrumentality of the United States or this state and with lenders or others and enter into loan agreements, sales contracts and leases, or other financing arrangements with contracting parties for the purpose of planning, regulating and providing for the financing or refinancing of any loans to participants in the United States Department of Agriculture Conservation Reserve Program;

(7) Enter into contracts or agreements with lenders for the servicing and processing of loans or with any person or entity providing credit enhancement for the bonds of the authority;

(8) Cooperate with and exchange services, personnel and information with any federal, state, or local governmental agency;

(9) Sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority;

(10) Foreclose any mortgages, deeds of trust, notes, debentures, bonds, and other security interests held by it, either by action or by exercise of a power of sale, and to sell the equity of redemption in said security interests in accordance with the terms of said instruments and applicable state law, and to take all other actions necessary to enforce any obligation held by it;

(11) Purchase the equity of redemption in any such mortgage, deed of trust, debenture, bond, or other security interest;

(12) Mortgage, pledge, assign, or grant security interests in any or all of its notes or other instruments, contract rights or other property, including, but without limitation to, any receipts from insurance on or guarantees of any of its notes or other instruments, as security for the payment of the principal of, premium, if any, and interest on any bonds issued by the authority, or as security for any credit enhancement or other agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which said bonds are payable and any other available revenues or assets as security for the payment of the principal of, premium, if any, and interest on said bonds and any agreements made in connection thereof;

(13) Enter into agreements for management on behalf of the authority of any of its properties upon such terms and conditions as may be mutually agreeable;

(14) Sell, exchange, donate, and convey any or all of its properties whenever the board shall find such action to be in furtherance of the purposes for which the authority was organized;

(15) Do any act and execute any instrument which in the authority's judgment is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it; and

(16) Promulgate rules pursuant to chapter 1-26 to implement the provisions of this chapter.

Source: SL 1988, ch 50, § 10.
S.D. Codified Laws § 5-12-31 — SD Code / Title 5 / Chapter 12 / Section 5-12-31
Additional provisions to secure payment of interim notes
Status: in_force

The Building Authority, in order further to secure the payment of the interim notes, is, in addition to the foregoing, authorized and empowered to make any other or additional covenants, terms, and conditions not inconsistent with the provisions of §§ 5-12-11 and 5-12-12 , and do any and all acts and things as may be necessary or convenient or desirable in order to secure payment of its interim notes, or, in the discretion of the authority, as will tend to make the interim notes more acceptable to lenders, notwithstanding that the covenants, acts or things may not be enumerated herein; provided, however, that nothing contained in this section shall authorize the authority to secure the payment of the interim notes out of property or facilities, other than the facilities acquired with the proceeds of the interim notes, and any net income and revenue derived from the facilities and the proceeds of revenue bonds as hereinabove provided.

Source: SL 1967, ch 276, § 5.
S.D. Codified Laws § 5-12-27 — SD Code / Title 5 / Chapter 12 / Section 5-12-27
Contract with bondholders--Bondholders' remedies
Status: in_force

The provisions of this chapter and of any resolution or proceeding authorizing the issuance of bonds shall constitute a contract with the holders of such bonds. The provisions thereof shall be enforceable either in law or in equity, by suit, action, mandamus, or other proceeding in any court of competent jurisdiction to enforce and compel the performance of any duties required by this chapter or any resolution or proceeding authorizing the issuance of such bonds, including the establishment of sufficient charges, fees, or rentals and the application of the income from a project under this chapter, as provided in § 5-12-23 .

Source: SL 1967, ch 276, § 12.
S.D. Codified Laws § 5-6-1 — SD Code / Title 5 / Chapter 6 / Section 5-6-1
Sale of growing timber authorized--Rules and regulations
Status: in_force

The commissioner of school and public lands may sell timber growing upon any school lands now owned or which may hereafter be acquired by the state when in his judgment it is conducive to the best interests of the state to sell such timber under such rules and regulations as he may establish.

Source: SL 1911, ch 224, § 70; RC 1919, § 5670; SL 1923, ch 259, § 1; SDC 1939, § 15.0317; SL 1978, ch 42, § 1.
S.D. Codified Laws § 5-4-11 — SD Code / Title 5 / Chapter 4 / Section 5-4-11
Unauthorized removal of wood from school or public lands as misdemeanor
Status: in_force

Any person who shall cut, remove, or attempt to remove any wood belonging to any school, public, or endowment lands without first having obtained permission from the commissioner of school and public lands so to cut and remove said wood is guilty of a Class 1 misdemeanor.

Source: SL 1890, ch 140, § 2; SL 1901, ch 184, § 2; RPenC 1903, § 539; SL 1911, ch 253, § 1; RC 1919, § 3833; SDC 1939, § 13.1311; SL 1980, ch 24, § 65.
S.D. Codified Laws § 5-18B-25 — SD Code / Title 5 / Chapter 18B / Section 5-18B-25
Request for proposals to contain performance criteria--Qualifications of developer
Status: in_force

Any request for proposals shall contain performance criteria developed by a performance criteria developer and approved by the purchasing agency. For projects not exempted under chapter 36-18A from using a registered design professional, the performance criteria developer shall be a design professional registered under chapter 36-18A . For projects exempt under chapter 36-18A from using a registered design professional, the performance criteria developer shall be hired on the basis of qualifications related to projects of similar scope.

Source: SL 2010, ch 31, § 64.
S.D. Codified Laws § 5-14-3 — SD Code / Title 5 / Chapter 14 / Section 5-14-3
Supervision of state capital improvements, repairs--State building committees--Approval of plans by governing board or commission--Final documents
Status: in_force

The Bureau of Human Resources and Administration has general charge and supervision of the design and construction of all state buildings, power and heating plants, heating, cooling, and air-conditioning systems, water supply, fire protection, sewerage and sewage disposal systems, electrical generation and distribution, and all major repairs, rebuilding or alterations thereof.

The bureau shall supervise the alterations, construction, rebuilding, or repair of all projects having a value of two million dollars or more, except as specifically delegated, in writing by the commissioner of human resources and administration, to a firm or qualified designee within the board, department, or institution concerned. The firm or designee must comply with the requirements of chapter 5-14 .

A state building committee is required on all projects having a value of five million dollars or more. The committee shall consist of a member of the board or commission governing the institution or department concerned, the executive director or like officer of the respective board or commission, a representative of the institution or department appointed by the governing board or commission of that institution or department, and a representative of the bureau. If the project is funded pursuant to chapter 5-12 , the South Dakota Building Authority may appoint a representative. The bureau or its delegate, under the direction of the committee, shall prepare, or cause to be prepared, the preliminary plans, specifications, and other descriptive material or reports for all proposed new construction, capital improvement, or major repairs and remodeling. After the preliminary plans have been approved by the committee, the plans must be presented to the respective board or commission governing the institution or department concerned. Upon proper authorization of the board or commission, the bureau or its delegate, under the direction of the committee, shall prepare, or cause to be prepared, all final plans, specifications, advertisements, notices, and instructions to bidders, proposal forms, and contract forms, and all work incidental to securing bids and contracts for the same, according to the direction of the board or commission governing the institution or department concerned.

Source: SL 1913, ch 329, § 1; RC 1919, § 8208; SL 1931, ch 240, § 1; SDC 1939, § 55.1814; SL 1955, ch 240, § 1; SL 1963, ch 306; SL 1969, ch 209, § 3; SL 1992, ch 46, § 2; SL 1994, ch 50, § 12; SL 2019, ch 47, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024; SL 2025, ch 34, § 1.
S.D. Codified Laws § 5-12-30 — SD Code / Title 5 / Chapter 12 / Section 5-12-30
Terms and registration of interim notes--Redemption prior to maturity--Execution of notes--Pledge of income and revenue
Status: in_force

The Building Authority may provide for the registration of the notes in the name of the owner either as to principal alone, or as to both principal and interest, on such terms and conditions as the authority may determine by the resolution authorizing their issue. The notes shall be issued from time to time by the authority as funds are borrowed, in the manner the authority may determine. Interest on the notes may be made payable semiannually, annually, or at maturity. The notes may be made redeemable, prior to maturity, at the option of the authority, in the manner and upon the terms fixed by the resolution authorizing their issuance. The notes may be executed in the name of the authority by the chairman of the authority or by any other officer or officers of the authority as the authority by resolution may direct, shall be attested by the secretary or such other officer or officers of the authority as the authority may by resolution direct, and be sealed with the authority's corporate seal. All such notes and the interest thereon may be secured by a pledge of any income and revenue derived by the authority from the project to be undertaken with the proceeds of the notes, after deducting from such income and revenue any reasonable and necessary maintenance and operation expenses, and shall be payable solely from the proceeds to be derived from the sale of any revenue bonds for permanent financing authorized to be issued under §§ 5-12-20 to 5-12-27 , inclusive, and from the property acquired with the proceeds of the notes.

Source: SL 1967, ch 276, § 5.
S.D. Codified Laws § 5-14-8 — SD Code / Title 5 / Chapter 14 / Section 5-14-8
Acceptance and expenditure of contributions to capital improvements
Status: in_force

The various agencies, boards, commissions, and institutions may accept and expend in addition to the amounts provided for new construction at any of the institutions under their jurisdiction, any funds which may be obtained from any gift or contribution from any source for that purpose.

Source: SL 1965, ch 255, § 2; SL 2011, ch 2, § 37.
S.D. Codified Laws § 5-18B-40 — SD Code / Title 5 / Chapter 18B / Section 5-18B-40
Services of construction manager
Status: in_force

Construction management services provided in the planning and design phases of a public improvement project may include:

(1) Services provided in the planning and design phases of a public improvement project including the following:

(a) Consulting with, advising, assisting, and making recommendations to the public corporation and architect or engineer on all aspects of planning for project construction;

(b) Reviewing all plans and specifications as they are being developed and making recommendations with respect to construction feasibility, availability of material and labor, time requirements for procurement and construction, and projected costs;

(c) Making, reviewing, and refining budget estimates based on the public corporation's program and other available information;

(d) Making recommendations to the public corporation and the architect or engineer regarding the division of work in the plans and specifications to facilitate bidding and awarding of contracts;

(e) Soliciting the interest of capable contractors and assisting the public corporation in taking bids on the project;

(f) Analyzing the bids received and awarding contracts; and

(g) Preparing and monitoring a progress schedule during the design phase of the project and preparation of a proposed construction schedule; and

(2) Services provided in the construction phase of the public improvement project including the following:

(a) Maintaining competent supervisory staff to coordinate and provide general direction of the work and progress of the contractors on the project;

(b) Observing the work as it is being performed for general conformance with working drawings and specifications;

(c) Establishing procedures for coordinating among the public corporation, architect or engineer, contractors, and construction manager with respect to all aspects of the project and implementing labor policy in conformance with the requirements of the public corporation's policy and making recommendations;

(d) Reviewing and processing all applications for payment by involved contractors and material suppliers in accordance with the terms of the contract;

(e) Making recommendations for and processing requests for changes in the work and maintaining records of change orders;

(f) Scheduling and conducting job meetings to ensure orderly progress of the work;

(g) Developing and monitoring a project progress schedule, coordinating and expediting the work of all contractors, and providing periodic status reports to the owner and the architect and engineer; and

(h) Establishing and maintaining a cost control system and conducting meetings to review costs.

Source: SL 2010, ch 31, § 79.
S.D. Codified Laws § 5-12-11 — SD Code / Title 5 / Chapter 12 / Section 5-12-11
Power of authority to acquire property--Methods of acquisition
Status: in_force

The Building Authority may acquire by purchase, condemnation (including the power of condemnation in accordance with chapter 21-35 ), gift or otherwise, construct, complete, remodel, maintain, and equip buildings and other facilities as the Legislature by law declares to be in the public interest. In the course of such activities, the authority may acquire property of any kind and description, whether real, personal or mixed, by gift, purchase or otherwise. It may also acquire real estate of the State of South Dakota controlled by any officer, department, board, commission, or other agency of the state, the jurisdiction of which is transferred by such officer, department, board, commission, or other agency, to the authority.

Source: SL 1967, ch 276, § 5; SL 1994, ch 50, § 2.
S.D. Codified Laws § 5-12-27.1 — SD Code / Title 5 / Chapter 12 / Section 5-12-27.1
Refunding bonds authorized--Purposes
Status: in_force

The Building Authority may issue negotiable refunding bonds to refund:

(1) Unpaid matured bonds;

(2) Unpaid matured coupons evidencing interest upon its unpaid matured bonds; and

(3) Interest at the coupon rate upon its unpaid matured bonds that has accrued since the maturity of these bonds.

Source: SL 1975, ch 50, § 1.
S.D. Codified Laws § 5-24A-8 — SD Code / Title 5 / Chapter 24A / Section 5-24A-8
Surplus personal computer equipment
Status: in_force

In addition to the disposal options set out in § 5-24A-7 , the administrator may designate that surplus personal computer equipment having an estimated fair market value less than one hundred dollars be distributed to families designated by the Department of Social Services as eligible for Title XIX assistance, Temporary Assistance for Needy Families pursuant to chapter 28-7A , or to licensed foster homes.

Source: SL 2008, ch 32, § 8.
S.D. Codified Laws § 5-2-11.1 — SD Code / Title 5 / Chapter 2 / Section 5-2-11.1
Abandoned railroads on state property--Documentation by affidavit of commissioner
Status: in_force

In all cases in which an order, decree, or similar document entered by an authorized office or agency, providing for abandonment of any railroad, or portion thereof, has been recorded in the office of the register of deeds of any county through which such abandoned railroad, or portion thereof, extends, the commissioner of school and public lands shall prepare and execute an affidavit, or document certified as the official act of his office, as to each county through which such abandoned railroad, or portion thereof extends, in which the Department of School and Public Lands presently has, or previously had, since the establishment of such railroad, any right, title, or interest. The affidavit or other document shall describe each legal subdivision through which such railroad extends and the portion acquired for establishing the railroad.

Source: SL 1976, ch 55, § 1.
S.D. Codified Laws § 5-18D-25 — SD Code / Title 5 / Chapter 18D / Section 5-18D-25
Motor vehicle procurement
Status: in_force

The procurement of motor vehicles by the state shall only be from authorized dealers licensed by the State of South Dakota.

Source: SL 2010, ch 31, § 93.
S.D. Codified Laws § 5-15-24 — SD Code / Title 5 / Chapter 15 / Section 5-15-24
Governor's Grove
Status: in_force

A portion of the capitol grounds, as now exists and lies north of Church Street located in Hilger's Gulch shall be known as the Governor's Grove. The Governor's Grove shall, under the supervision of the Bureau of Human Resources and Administration, be properly landscaped and parked and shall contain a grove of hardy, long-lived trees, each one properly marked and maintained as a memorial grove to the past, present, and future Governors of South Dakota. A new tree, as an addition to such grove, shall be set out and properly dedicated on the first Arbor Day following the election of each Governor. This grove shall be maintained as an adjunct to the capitol grounds and shall be used for no other memorial purpose than as is provided for in this section. However, a gateway to the grove may be provided in which each county in the state shall be represented by a properly inscribed stone or marker.

Source: SL 1949, ch 243, §§ 1 to 3; SDC Supp 1960, § 55.0114; SL 2011, ch 2, § 71; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-35 — SD Code / Title 5 / Chapter 12 / Section 5-12-35
Accounts maintained by authority--Purpose of disbursements from public building fund
Status: in_force

The Building Authority shall keep account of the gross total income derived from each separate project or any combination thereof undertaken pursuant to this chapter. Disbursements from a given account in the public building fund shall be ordered by the authority only for the payment of:

(1) The cost of maintenance and operation of the facility or facilities, unless otherwise provided for;

(2) The principal of and interest on the bonds issued for each project, or combination thereof; and

(3) Any other purposes set forth in the resolution authorizing the issuance of said bonds.

Source: SL 1967, ch 276, § 9.
S.D. Codified Laws § 5-9-32 — SD Code / Title 5 / Chapter 9 / Section 5-9-32
Issuance of patent to purchaser or assignee of land--Judicial determination in event of death--Recordation--Fee
Status: in_force

When full payment has been made for any tract sold, a patent for the tract executed in the name of the state by the Governor, and attested by the commissioner of school and public lands, under the seal of office of the commissioner, shall be made out and delivered by the commissioner to the register of deeds of the county in which the land is situated. The patent shall run to the original purchaser, if the purchaser is living and the purchaser's interest in the land has not been assigned. However, if a legal transfer of the purchaser's interest has been made, the patent shall run to the actual owner of such interest, as may appear from documentary evidence approved by the state's attorney, treasurer, and auditor of the county in which the land is situated, and shall be filed with the application for the patent. In case of the death of the original purchaser or assignee, a patent may not be issued until a court of competent jurisdiction has ascertained and adjudged who is entitled to the patent and a certified copy of the decree or order of the court has been filed with the application for patent. The commissioner shall record the patent, deed, or contract in the county in which the land is located and charge the fee assessed by the county plus a transaction fee of ten dollars.

Source: SL 1911, ch 224, § 44; SL 1915, ch 273; RC 1919, § 5668; SDC 1939, § 15.0312; SL 1994, ch 47, § 9.
S.D. Codified Laws § 5-9-11 — SD Code / Title 5 / Chapter 9 / Section 5-9-11
Notice to lessee of sale
Status: in_force

Fifteen days before the date of sale of any land, the commissioner of school and public lands shall give notice by registered or certified mail, addressed to the record lessee at his record address, of the day, hour, and place of the sale.

Source: SDC 1939, § 15.0306 as added by SL 1957, ch 42.
S.D. Codified Laws § 5-2-10 — SD Code / Title 5 / Chapter 2 / Section 5-2-10
Public easements over state and county lands for conservation and parks--Grant of easements for electric, water, sewer, and fuel lines--Air rights
Status: in_force

The State of South Dakota, through its several departments, agencies, and institutions, and counties through their boards of county commissioners, may grant perpetual easements on lands under their control, dedicating to the public permanent use of the same in the use of water conservation projects or public parks, and may grant easements on or over such lands to any person, association, or corporation, granting the right to erect and maintain poles and wires for the purpose of conducting or transmitting electricity for lighting, heating, and power purposes. The Board of Regents and the executive branch may also grant easements for water, sewer, and fuel lines on land, or air rights over land, at the institutions under their control, which shall be executed pursuant to § 5-2-11 .

Source: SL 1937, ch 215, § 1; SDC 1939, § 55.0205; SL 1947, ch 239; SL 1961, ch 266; SL 1967, ch 246; SL 1978, ch 41; SL 1989, ch 20, § 56; SL 1991, ch 47.
S.D. Codified Laws § 5-29-10 — SD Code / Title 5 / Chapter 29 / Section 5-29-10
Construction of agreements to permit only authorized uses
Status: in_force

No lease, contract, or agreement may be construed to authorize the private party lessee or contractor, or any subtenant, creditor, trustee, receiver, lien holder, heir, assignee, or other party claiming an interest or right through such private party lessee or contractor, to use or to permit the use of the research park for purposes other than those specified in this chapter.

Source: SL 2012, ch 46, § 10.
S.D. Codified Laws § 5-18D-6 — SD Code / Title 5 / Chapter 18D / Section 5-18D-6
State contract list
Status: in_force

The Bureau of Human Resources and Administration shall establish a state contract list that contains a listing of the supplies or services which are in contracts executed by the bureau. The list shall also contain the name and address of the vendor supplying the supplies or services and the price of the item. The bureau shall make the contract list available to other purchasing agencies in a manner determined by the bureau to be the most efficient.

Source: SL 2010, ch 31, § 99; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-15-36 — SD Code / Title 5 / Chapter 15 / Section 5-15-36
Policy-making and oversight duties of commission
Status: in_force

The commission shall set policy for and oversee the restoration and beautification of the state capitol complex, Pierre, South Dakota.

Source: SL 1976, ch 58, § 1; SL 1980, ch 48, § 12; SL 2011, ch 2, § 81.
S.D. Codified Laws § 5-10-34 — SD Code / Title 5 / Chapter 10 / Section 5-10-34
Reporting status of common school interest and income fund and status of common school apportionment
Status: in_force

The commissioner of school and public lands shall report the status of the common school interest and income fund to the superintendents of the common schools on a quarterly basis.

The commissioner of school and public lands shall report the status of the common school apportionment by October thirty - first to the Governor, the chairs of the house and senate appropriations committees and the secretary of the Department of Education.

Source: SL 1990, ch 45; SL 2004, ch 17, § 7.
S.D. Codified Laws § 5-18A-17.5 — SD Code / Title 5 / Chapter 18A / Section 5-18A-17.5
Specific conflict of interest prohibitions not affected
Status: in_force

Nothing in §§ 5-18A-17 to 5-18A-17.6 , inclusive, affects a specific conflict of interest prohibition that applies to specific employees.

Source: SL 2015, ch 30, § 7.
S.D. Codified Laws § 5-18A-17.4 — SD Code / Title 5 / Chapter 18A / Section 5-18A-17.4
Self-dealing violation as misdemeanor--Removal--Forfeiture of benefit--Contract voidable
Status: in_force

A state officer or employee who knowingly violates the provisions of § 3-16-8 or 5-18A-17 commits malfeasance in office. The state officer or employee shall be removed from office or employment and such person is guilty of a Class 1 misdemeanor. Any benefit to a person or entity derived from the person's knowing violation of § 3-16-8 or 5-18A-17 is subject to forfeiture. Any contract made in violation of § 3-16-8 or 5-18A-17 is voidable by the governing body.

Source: SL 2015, ch 30, § 6.
S.D. Codified Laws § 5-18D-3 — SD Code / Title 5 / Chapter 18D / Section 5-18D-3
Pooling of combined estimated needs
Status: in_force

The Bureau of Human Resources and Administration may pool the combined estimated needs of several agencies for identical supplies or services under one contract.

Source: SL 2010, ch 31, § 96; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-14-12 — SD Code / Title 5 / Chapter 14 / Section 5-14-12
Public buildings to accommodate persons with disabilities
Status: in_force

The standards and specifications set forth in § 5-14-13 apply to all buildings and facilities used by the public which are constructed in whole or in part by the use of state, county, or municipal funds, or the funds of any political subdivision of the state. All such buildings and facilities constructed or remodeled after January 26, 1992, shall conform to these standards.

Source: SL 1965, ch 312, § 1; SL 1975, ch 53, § 1; SL 1994, ch 52, § 1; SL 2011, ch 2, § 41.
S.D. Codified Laws § 5-12-1.2 — SD Code / Title 5 / Chapter 12 / Section 5-12-1.2
Meaning of United States Department of Agriculture Conservation Reserve Program
Status: in_force

For the purposes of §§ 5-12-1.2 , 5-12-7 , 5-12-8 , 5-12-8.1 , 5-12-16 , 5-12-19 , 5-12-20 , 5-12-22 , 5-12-23 , and 5-12-37 , United States Department of Agriculture Conservation Reserve Program means Subtitle D of Title XII of the United States Food Security Act of 1985, as amended on January 25, 1988, and any rules promulgated thereunder.

Source: SL 1988, ch 50, § 1.
S.D. Codified Laws § 5-18B-11 — SD Code / Title 5 / Chapter 18B / Section 5-18B-11
Progress payments--Retention of funds from final payment--Interest
Status: in_force

The contract may permit progress payments, but an amount necessary to complete the improvement shall be retained from the final payment until the contract is executed in full and the public improvement completed to the satisfaction and acceptance of the purchasing agency. However, if the contractor has furnished the purchasing agency all required records and reports and a final inspection has been made, the purchasing agency shall pay to the contractor interest as set by the governing body at a rate of not less than the category E rate of interest as established by § 54-3-16 on the amounts retained and on the final payment due the contractor beginning thirty days after the work under the contract has been completed, as evidenced either by the completion date established by the architect's or engineer's letter of acceptance or by the use and occupancy of the public improvement. The interest shall continue until the date when payment is tendered to the contractor unless delay in payment has been the result of federal participation in the contract in which event interest may not begin until thirty days after payment by the federal authority involved. If a portion of a progress payment is retained, other than the final payment, the purchasing agency shall pay to the contractor interest as set by the purchasing agency at a rate of not less than the category E rate of interest as established by § 54-3-16 on the amount retained beginning thirty days after the contractor has furnished the purchasing agency with all required records and reports and a progress inspection.

Source: SL 2010, ch 31, § 50.
S.D. Codified Laws § 5-26-1 — SD Code / Title 5 / Chapter 26 / Section 5-26-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Agency," each association, authority, board, branch, commission, committee, council, department, division, office, officer, system, task force, or other agent of the state government vested with the authority to exercise any portion of the state's sovereignty and any county, municipality, public school district, and any officer, board, or commission empowered by law to enter into contracts for the construction of public improvements or for providing public services;

(2) "Business," a business, institution, association, profession, occupation, or calling of every kind, whether or not conducted for profit;

(3) "Contract," invoice, purchase order, or vendor contract;

(4) "Property," anything of value, including but not limited to, real estate, tangible and intangible personal property, contract rights, choses - in - action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, electric or other power and signatures which purport to create, maintain, or extinguish any legal obligation;

(5) "Service," labor that does not include a tangible commodity. The term includes, but is not limited to: labor; professional advice; telephone, cable television, and other utility service; accommodations in hotels, restaurants, or elsewhere; admissions to exhibits and entertainments; the use of machines designed to be operated by coin or other thing of value; and the use of rented real or personal property.

Source: SL 1984, ch 41, § 1; SL 1985, ch 45, § 1; SL 1988, ch 59, § 1.
S.D. Codified Laws § 5-5-10.2 — SD Code / Title 5 / Chapter 5 / Section 5-5-10.2
Commissioner's duty concerning appraisals and records
Status: in_force

It shall be the duty of the commissioner of school and public lands, as rapidly as practicable, to cause the grazing lands administered by the state to be appraised as to their annual animal carrying capacity, and to make and preserve a record thereof in his office, and at least every ten years cause said lands to be reexamined as to their annual animal carrying capacity so as to keep the records thereof in his office reasonably accurate.

Source: SL 1969, ch 33, § 1; SL 1977, ch 46, § 3.
S.D. Codified Laws § 5-18D-10 — SD Code / Title 5 / Chapter 18D / Section 5-18D-10
Drawing, signing, and filing of contracts
Status: in_force

The attorney general shall draw all state contracts for supplies let under the provisions of this chapter and chapters 5-18A , 5-18B , and 5-18C . Each contract shall be signed by the commissioner of human resources and administration or a designee, on the part of the state, and by the party to whom the contract has been awarded. Each contract shall have the printed name of any individual signing the contract. Each contract and any required bond shall be filed in the Bureau of Human Resources and Administration. Failure to comply with the requirement for a printed name under this section does not void the terms or purpose of the contract.

Source: SL 2010, ch 31, § 103; SL 2018, ch 46, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-7-36 — SD Code / Title 5 / Chapter 7 / Section 5-7-36
Records of mineral interests and leases maintained by commissioner
Status: in_force

The commissioner of school and public lands shall keep in his office a full and complete record of all lease lettings, sales, copies of all leases, a record of the payment of the rentals, a record of the assignment of the leases, a record of the acquisition of all mineral interests, a record of the royalties due and paid, and such other information as shall be determined by him to be of value to the State of South Dakota and the owners of mineral interests and leases.

Source: SL 1953, ch 72, § 1; SDC Supp 1960, § 15.0516 (4).
S.D. Codified Laws § 5-14-33 — SD Code / Title 5 / Chapter 14 / Section 5-14-33
High-performance green building standard--Compliance
Status: in_force

New construction, as defined in § 5-14-1 , must, in good faith, be designed with the intention of meeting or exceeding the high-performance green building standard that was in effect when the construction was registered with the rating system. Before construction begins, the Bureau of Human Resources and Administration, architect, and building owner shall identify, in good faith, all components of the new construction that are used to satisfy the requirements of this section.

Source: SL 2008, ch 30, § 2; SL 2015, ch 50, § 2; SL 2021, ch 31, § 2; SL 2025, ch 34, § 2.
S.D. Codified Laws § 5-7-33 — SD Code / Title 5 / Chapter 7 / Section 5-7-33
Deposit of collections from leases in treasury
Status: in_force

The commissioner of school and public lands shall deposit the money realized from leasing of mineral interests owned by the state, or held in trust by the state with the state treasurer and direct that such money be credited to the appropriate fund.

Source: SL 1953, ch 72, § 1; SDC Supp 1960, § 15.0516 (2); SL 1985, ch 39, § 2.
S.D. Codified Laws § 5-3-7 — SD Code / Title 5 / Chapter 3 / Section 5-3-7
Exchange of common school, indemnity, or endowment land--Conditional exchange
Status: in_force

The commissioner of school and public lands may exchange, with the approval of the Governor and following a public hearing, any common school, indemnity, or endowment land for any land located within the State of South Dakota of like appraised value. The commissioner may also exchange, with the approval of the Governor and following a public hearing, any common school, indemnity, or endowment land for any land located within the State of South Dakota of appraised value of at least seventy-five percent of the school land if the difference is paid in cash at the time of the exchange. The exchange may be conditional if the transfer is completed within five years and the trust corpus is never diminished. Any cash received from the exchange shall be treated as a cash sale pursuant to the provisions of chapter 5-9 . The commissioner shall promulgate rules, pursuant to chapter 1-26 , to establish the procedures and criteria for a land exchange.

Source: SL 1941, ch 70, § 1; SDC Supp 1960, § 15.0208; SL 1982, ch 49, § 1; SL 1984, ch 35, § 1; SL 1992, ch 42; SL 1999, ch 24, § 1; SL 2016, ch 38, § 1.
S.D. Codified Laws § 5-24A-4 — SD Code / Title 5 / Chapter 24A / Section 5-24A-4
Protection of surplus property prior to disposal
Status: in_force

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

Source: SL 2008, ch 32, § 4.
S.D. Codified Laws § 5-5-31 — SD Code / Title 5 / Chapter 5 / Section 5-5-31
Appraisal of improvements--Composition and appointment of board--Report of appraisal--Immunity from liability
Status: in_force

Any improvement on any school or endowment land shall be appraised by a board of three disinterested freeholders who shall be residents of the county where the property is located. The board of appraisal shall be constituted as follows: the owner of the improvement shall nominate a person to represent the owner, the new lessee or purchaser shall nominate a person to represent the lessee or purchaser, and the two nominees shall nominate a person to serve on the board. The county auditor shall appoint these three persons as a board.

The commissioner of school and public lands shall provide the board with an itemized list of each permitted improvement. Each improvement shall be appraised based on the original cost basis less any depreciation as determined by the board. The original cost of the improvement may include only the actual out-of-pocket expenses paid by the lessee for the improvement. The original cost may not include the amount of any grant, subsidy, or contribution toward the expense of the improvement from another source. The board shall file with the county auditor an itemized report of the appraisal, signed by at least two members of the board. The county auditor shall keep a record of the appraisement. The board shall be paid at the state rate established pursuant to chapter 3-9 for per diem and mileage necessarily traveled in making the appraisal.

The members of the board are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of the board's duties or responsibilities. Nothing in this section may be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

Source: SL 1917, ch 339, § 6; RC 1919, § 5638; SDC 1939, § 15.0414; SL 1963, ch 65; SL 1967, ch 36; SL 1984, ch 34, § 9; SL 2018, ch 45, § 3.
S.D. Codified Laws § 5-18D-11 — SD Code / Title 5 / Chapter 18D / Section 5-18D-11
Cancellation or price adjustment for changing market conditions
Status: in_force

If a contract price for goods entered into by the state becomes unreasonable in view of changing market conditions, the Bureau of Human Resources and Administration may cancel the contract or adjust the contract price to meet the changing market conditions if it is necessary to obtain necessary supplies at the required time. Any contract price adjustment shall be justified in writing by the contractor to the Bureau of Human Resources and Administration and a copy of the adjustment and the written justification for the adjustment by the contractor and the bureau shall be filed with the auditor general. No contract price adjustment may allow for increased management costs or for an increase in the dollar amount of profit for the contractor having the contract. No contract price adjustment resulting in an increase may be made for or during the first ninety days of an annual contract.

Source: SL 2010, ch 31, § 104; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-27.6 — SD Code / Title 5 / Chapter 12 / Section 5-12-27.6
No indebtedness to be charged against state
Status: in_force

No indebtedness, bond, or obligation incurred or created under authority of §§ 5-12-27.5 to 5-12-27.8 , inclusive, may be or become a lien, charge or liability against the State of South Dakota, nor against the property or funds of the State of South Dakota within the meaning of the Constitution or statutes of South Dakota.

Source: SL 1988, ch 52, § 2.
S.D. Codified Laws § 5-18A-19 — SD Code / Title 5 / Chapter 18A / Section 5-18A-19
Requirements for brand name or equal specifications
Status: in_force

Brand name or equal specifications shall seek to designate three, or as many different brands as are practicable, as "or equal" references and shall further state that substantially equivalent products to those designated will be considered for award. Unless the purchasing agency determines in writing that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, functional, or performance characteristics which are required. If a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition.

Source: SL 2010, ch 31, § 20.
S.D. Codified Laws § 5-18D-4 — SD Code / Title 5 / Chapter 18D / Section 5-18D-4
Electronic procurement system
Status: in_force

An electronic sealed bid or proposal for a state contract may be submitted only through an electronic procurement system authorized for use by the Bureau of Finance and Management.

Source: SL 2010, ch 31, § 97; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024; SL 2026, ch 3, § 17.
S.D. Codified Laws § 5-5-24 — SD Code / Title 5 / Chapter 5 / Section 5-5-24
Permit for fall tillage, weed control and planting in final year of lease--Valuation by board of appraisal
Status: in_force

After the first day of September of the last year of such lease on land for agricultural purposes, the lessee may apply for and may receive a permit from the commissioner of school and public lands in the same manner as other permits for improvements are granted for fall tillage or chemical weed control for the planting of a crop the following spring, and in addition thereto the cost of the planting of a crop in the fall.

In no case may the permit exceed the actual cost of tillage or chemical weed control on the land, and in case the land is seeded in the fall, not more than the actual additional cost of the seed and the seeding of the same.

Such permit has the full force and effect of permits for other improvements and shall be handled in like manner.

In the event a board of appraisal as hereinafter provided is required to appraise the value of such improvements, they may not take into consideration the value of any crop growing on the lands covered by a permit but shall appraise only the cost of preparing the land and seeding the same.

Source: SDC 1939, § 15.0415 as added by SL 1941, ch 52; SL 1943, ch 51; SL 1957, ch 44; SL 1985, ch 37, § 6.
S.D. Codified Laws § 5-18B-38 — SD Code / Title 5 / Chapter 18B / Section 5-18B-38
Withdrawal of design-build proposal
Status: in_force

Any design-build proposal may be withdrawn by the proposer for any reason at any time prior to acceptance.

Source: SL 2010, ch 31, § 77.
S.D. Codified Laws § 5-15-48 — SD Code / Title 5 / Chapter 15 / Section 5-15-48
Control of areas traditionally reserved to Governor, Legislature, and Supreme Court
Status: in_force

Nothing in §§ 5-15-44 to 5-15-48 , inclusive, may be construed as to prevent the Governor, Legislature, or Supreme Court from controlling the areas traditionally reserved for their use in the course of the conduct of public business except insofar as such usage may require the permanent alteration of the physical features of the state capitol building which shall require the approval of the State Capitol Complex Restoration and Renovation Commission as provided in § 5-15-45 .

Source: SL 1980, ch 49, § 4.
S.D. Codified Laws § 5-15-3 — SD Code / Title 5 / Chapter 15 / Section 5-15-3
Oath and bond of commission members
Status: in_force

Each member of the commission shall, within ten days after appointment, qualify by taking the oath of office and giving bond to the state, with corporate surety, in the penal sum of twenty-five hundred dollars, the cost to be paid by the state.

Source: SL 1961, ch 316, § 1 (b); SL 2011, ch 2, § 52.
S.D. Codified Laws § 5-7-20 — SD Code / Title 5 / Chapter 7 / Section 5-7-20
Application for oil, gas, or geothermal lease--Tender of annual rental and bonus--Form and contents of application
Status: in_force

Applications for the issuance of any such oil, gas, or geothermal resources lease shall be executed under oath by the applicant, or his agent or attorney duly authorized in writing, or by any officer or attorney in fact of the corporation, if the application is made by a corporation. The application shall be accompanied by a certified check, bank draft, or money order in the amount of the annual delay rental for one year and the bonus offered, if any.

The form of the application shall be prescribed by the commissioner of school and public lands and all applications shall contain a description of the lands by legal subdivisions upon which the lease is desired, together with such data and information concerning development on and in the vicinity of the land as may reasonably be required by the commissioner. No lease shall be issued for less than the amount offered by the applicant as a bonus, if any, and the annual delay rental for one year.

Source: SL 1931, ch 203, § 5; SDC 1939, § 15.0508; SL 1953, ch 44, § 1; SL 1980, ch 40, § 5.
S.D. Codified Laws § 5-3-2 — SD Code / Title 5 / Chapter 3 / Section 5-3-2
Acceptance of federal indemnity lands in lieu of statehood grants
Status: in_force

When lands granted to the state by act of Congress approved February 22, 1889, have been or shall be lost to the state by reason of being otherwise disposed of by the United States prior to survey, or when, prior to survey, any of such lands have been or shall be included in a reservation of the United States and thereby identification and vesting of such lands in the state may be indefinitely deferred, the state accepts the provisions of sections 2275 and 2276 of the Revised Statutes of the United States, as amended by act of Congress approved February 28, 1891, and the provisions of any and all acts of Congress enacted or to be enacted, whereby lands are granted to the state in lieu of lands which have been lost or have not vested as above described; and the state hereby accepts all of the rights and privileges granted to states and territories by such acts.

Source: SL 1917, ch 336, § 1; RC 1919, § 5721; SDC 1939, § 15.0202.
S.D. Codified Laws § 5-11-8 — SD Code / Title 5 / Chapter 11 / Section 5-11-8
Payments in lieu of taxes on land held by state institutions
Status: in_force

In addition to the payments heretofore provided for in this chapter the equivalent of taxes shall be determined and paid in like manner on all lands exclusive of the structure thereon located outside of the corporate limits of municipalities and owned by the State of South Dakota and under the supervision of the executive branch or the State Board of Regents.

Source: SL 1965, ch 256, § 7; SL 1989, ch 20, § 59; SL 1992, ch 60, § 2.
S.D. Codified Laws § 5-18A-50 — SD Code / Title 5 / Chapter 18A / Section 5-18A-50
Prohibited foreign contracts--Certification
Status: in_force

A purchasing agency may not execute a contract that is subject to § 5-18A-14 , 5-18A-40 , 5-18B-29 , 5-18B-44 , or 5-18D-17 with a prohibited entity. A purchasing agency may rely on a contractor’s certification, made pursuant to § 5-18A-51 , without conducting any further investigative research or inquiry.

Source: SL 2023, ch 18, § 2.
S.D. Codified Laws § 5-10-17 — SD Code / Title 5 / Chapter 10 / Section 5-10-17
Credit to school and endowment fund
Status: in_force

The state treasurer shall, upon receipt, credit such business receipts to the state school and endowment fund.

Source: SL 1973, ch 37, § 1.
S.D. Codified Laws § 5-3-6 — SD Code / Title 5 / Chapter 3 / Section 5-3-6
Selection of indemnity lands for land in lake or navigable river
Status: in_force

When the commissioner of school and public lands ascertains that what, if surveyed, would be sections sixteen and thirty - six, or any part thereof, granted to the state, falls upon any lake or navigable river, and that the quantity of land intended to be conveyed as sections sixteen or thirty - six is lost to the state thereby, it shall be the duty of such commissioner to apply to the secretary of the interior for permission to select indemnity lands in lieu of the loss, in quantity so sustained by the state.

Source: SL 1917, ch 336, § 6; RC 1919, § 5725; SDC 1939, § 15.0206.
S.D. Codified Laws § 5-22-5 — SD Code / Title 5 / Chapter 22 / Section 5-22-5
Judicial determination of validity of liens and order of payment
Status: in_force

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

Source: SL 1895, ch 133, § 4; RCCivP 1903, § 716; RC 1919, § 1663; SDC 1939, § 39.0904.
S.D. Codified Laws § 5-1-18 — SD Code / Title 5 / Chapter 1 / Section 5-1-18
Paleontological collections as property of state
Status: in_force

Any scientifically significant paleontological collections recovered from lands under the jurisdiction of the commissioner of school and public lands are the property of the state. The repository or curation facility for collections from such lands shall be designated by the commissioner in consultation with a qualified paleontologist.

Source: SL 1996, ch 36, § 4.
S.D. Codified Laws § 5-14-36 — SD Code / Title 5 / Chapter 14 / Section 5-14-36
Certification
Status: in_force

Upon completion of any new construction, the Bureau of Human Resources and Administration shall certify that the new construction met the requirements of § 5-14-33 .

Source: SL 2008, ch 30, § 5; SL 2021, ch 31, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-11-6 — SD Code / Title 5 / Chapter 11 / Section 5-11-6
Distribution of payments in lieu of taxes
Status: in_force

The county auditor shall distribute federal and state payments in lieu of tax proceeds in the same manner as taxes are distributed.

Source: SL 1965, ch 256, § 5; SL 1977, ch 47, § 2; SL 1979, ch 33, § 1.
S.D. Codified Laws § 5-3-12 — SD Code / Title 5 / Chapter 3 / Section 5-3-12
List for county auditor of unsold endowment lands in county
Status: in_force

It shall be the duty of the commissioner of school and public lands to supply to the several county auditors of this state a description of all unsold state indemnity and endowment lands situated within the organized school districts of his county.

Source: SL 1917, ch 335, § 4; RC 1919, § 5720; SDC 1939, § 15.0111.
S.D. Codified Laws § 5-26-3 — SD Code / Title 5 / Chapter 26 / Section 5-26-3
Interest on overdue payments--Rate
Status: in_force

Any proper invoice not paid within forty-five days shall accrue interest beginning on the thirtieth day after receipt of property or service and receipt of the invoice covering the delivered items or services. Interest shall accrue and be charged on any payment overdue under § 5-26-2 at the Category B rate of interest as established in § 54-3-16 or at the rate specified by contract.

Source: SL 1984, ch 41, § 3; SL 1985, ch 45, § 3; SL 2018, ch 47, § 1.
S.D. Codified Laws § 5-5-2 — SD Code / Title 5 / Chapter 5 / Section 5-5-2
Definition of "agricultural purposes."
Status: in_force

Whenever the term "agricultural purposes" is used in this chapter, it means for the purpose of tilling, planting, and producing crops, but does not include grazing land.

Source: SL 1917, ch 339, § 20; RC 1919, § 5652; SDC 1939, § 15.0401; SL 1985, ch 37, § 2.
S.D. Codified Laws § 5-24-6 — SD Code / Title 5 / Chapter 24 / Section 5-24-6
Civil liability of officer for failure to account for property
Status: in_force

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

Source: SL 1913, ch 293, § 9; RC 1919, § 7056; SDC 1939, § 48.0506; SL 2011, ch 2, § 89.
S.D. Codified Laws § 5-12-4 — SD Code / Title 5 / Chapter 12 / Section 5-12-4
Members receive no compensation--Reimbursement of expenses
Status: in_force

No member of such Building Authority shall receive any compensation for services rendered under this chapter. However, members shall be reimbursed for necessary expenses incurred in connection with duties and powers prescribed by this chapter.

Source: SL 1967, ch 276, § 1.
S.D. Codified Laws § 5-24A-14 — SD Code / Title 5 / Chapter 24A / Section 5-24A-14
Conveyance in the name of the state
Status: in_force

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

Source: SL 2008, ch 32, § 14; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-10 — SD Code / Title 5 / Chapter 12 / Section 5-12-10
Transfer of state property to authority
Status: in_force

Any department, board, commission, agency, or officer of this state or the Board of Regents of the State of South Dakota, may transfer jurisdiction of or title to any property under its or his control to the Building Authority when such transfer is approved, in writing by the Governor as being advantageous to the state.

Source: SL 1967, ch 276, § 4.
S.D. Codified Laws § 5-29-19 — SD Code / Title 5 / Chapter 29 / Section 5-29-19
Research park corporation not a public body
Status: in_force

No research park corporation formed pursuant to § 5-29-16 may be deemed an agency, public body, or other political subdivision of South Dakota, and no research park corporation formed pursuant to § 5-29-16 may borrow money secured by the State of South Dakota.

Source: SL 2012, ch 46, § 19.
S.D. Codified Laws § 5-4-7 — SD Code / Title 5 / Chapter 4 / Section 5-4-7
Purposes for which land may be placed under local administration--Rules and regulations
Status: in_force

Whenever it shall be the opinion of the commissioner of school and public lands, after presentation of the petition provided in § 5-4-6 , and upon investigation of the facts therein contained he shall if, in his opinion, the interests of the citizens of the community can best be served, provide for the setting aside and withholding from regular leasing any such tract not to exceed six hundred forty acres in one tract for soil conservation purposes, public parks or for the purpose of providing a children's recreational playground to be used by the general public under such rules and regulations as the local governing board shall provide and which are approved by the commissioner of school and public lands.

Source: SL 1941, ch 71, § 2; SDC Supp 1960, § 15.0420.
S.D. Codified Laws § 5-12-27.5 — SD Code / Title 5 / Chapter 12 / Section 5-12-27.5
Assistance in conserving and improving soil and water resources of highly erodible cropland by means of loans--Revenue bonds and interim notes authorized
Status: in_force

It being declared to be in the public interest, the South Dakota Building Authority may, pursuant to chapter 5-12 , finance loans to participants in a program of the United States to assist owners and operators of highly - erodible cropland in conserving and improving the soil and water resources of their farms or ranches within the state and may, for the purpose of financing such loans, issue revenue bonds or interim notes, pursuant to the powers vested in the authority.

Source: SL 1988, ch 52, § 1.
S.D. Codified Laws § 5-24A-3 — SD Code / Title 5 / Chapter 24A / Section 5-24A-3
Declaration of surplus property required for disposition
Status: in_force

Before any state-owned personal property is disposed of, the agency property manager shall declare the property surplus in the manner prescribed by this chapter.

Source: SL 2008, ch 32, § 3.
S.D. Codified Laws § 5-7-4.1 — SD Code / Title 5 / Chapter 7 / Section 5-7-4.1
Lease required to explore for minerals--Civil penalty--Publication of data collected--Judicial remedies for enforcement
Status: in_force

No person may conduct mineral exploration upon state lands, including lands in which the state has a mineral interest, without obtaining a lease under the provisions of this chapter. Any person who violates this section is subject to a civil penalty of not more than one thousand dollars for each day of violation. All data collected on any state lands as a result of such violation shall be made immediately available to the commissioner of school and public lands who shall make such data available to the public as soon as practicable. The penalty may be collected by means of a civil action brought in the circuit court for the county in which any of the affected state lands are found or in the circuit court for Hughes County. The right of the commissioner to any data may be enforced by the circuit court through appropriate injunctive relief.

Source: SL 1978, ch 43, § 2; SL 1993, ch 53, § 22.
S.D. Codified Laws § 5-7-22 — SD Code / Title 5 / Chapter 7 / Section 5-7-22
Withholding of tracts from oil, gas, other mineral or geothermal resources leasing
Status: in_force

Nothing contained in this chapter shall be construed as requiring the commissioner of school and public lands to offer any tract of land for lease, nor to lease the same, but the commissioner may withhold any tract from leasing for oil, gas, other mineral or geothermal resources purposes if, in his opinion, the best interests of the state shall be served by so doing.

Source: SL 1931, ch 203, § 7; SDC 1939, § 15.0515; SL 1980, ch 40, § 7; SL 1980, ch 42, § 6.
S.D. Codified Laws § 5-18B-23 — SD Code / Title 5 / Chapter 18B / Section 5-18B-23
Subletting construction or other services
Status: in_force

A design-builder may sublet responsibility for construction or other services to persons registered, licensed, or otherwise qualified to provide those services in this state.

Source: SL 2010, ch 31, § 62.
S.D. Codified Laws § 5-12-43 — SD Code / Title 5 / Chapter 12 / Section 5-12-43
Sale and lease-back arrangements--Contracts to acquire use or ownership authorized--Terms
Status: in_force

The Building Authority may enter into any contract necessary to acquire the right to use or the ownership, or both, of land leased and improvements sold by it under § 5-12-42 , and any other improvements made upon such land, and capital equipment needed for the operation of the improvements or property to be acquired by it pursuant to § 5-12-11 , including lease, lease - purchase, and, subject to compliance with the provisions of S.D. Const., Art. XIII, § 1, installment purchase contracts. No term of an installment purchase contract may exceed thirty years. The authority may establish the terms of the contracts, subject to the approval of the Governor. The authority may include in such contracts the following provisions:

(1) In lease contracts, options to purchase the property subject to the lease or the lessor's interest therein, and provisions for the payment by lessee to lessor of rent net of all other costs and expenses of ownership, operation, maintenance, and insurance of the leased property by the authority as agent of the lessor, subject only to the laws, rules and regulations as are applicable to the lessor;

(2) In lease - purchase contracts, provisions of the type specified in subdivision (1), and provisions for designating a portion of the periodic payments to be made thereunder as interest, for prepayment, and for acquisition of unencumbered title or fee title to the property subject to the contract.

Source: SL 1983, ch 32, § 2.
S.D. Codified Laws § 5-4-14 — SD Code / Title 5 / Chapter 4 / Section 5-4-14
Preparation of advertisements--Publication--Signature
Status: in_force

The commissioner of school and public lands shall prepare all advertisements provided for in this title, cause them to be published and sign them as commissioner.

Source: SL 1911, ch 224, §§ 40, 41; RC 1919, §§ 5664, 5665; SDC 1939, § 15.0607; SL 1984, ch 34, § 8.
S.D. Codified Laws § 5-9-34 — SD Code / Title 5 / Chapter 9 / Section 5-9-34
Sale for public purposes of tract not exceeding one hundred sixty acres
Status: in_force

Whenever a civil, state, religious, or public organization makes an application for the purchase of any common school or endowment land to be used for public purposes, not exceeding one hundred sixty acres, and files a plat and a statement of the purpose for which the land is to be used in the Office of the Commissioner of School and Public Lands, the commissioner may appraise the tract in the manner provided by law for the appraisement of school and public lands.

Source: SDC 1939, § 15.0313; SL 1949, ch 49; SL 1959, ch 53; SL 1998, ch 32, § 1.
S.D. Codified Laws § 5-29-13 — SD Code / Title 5 / Chapter 29 / Section 5-29-13
Commercially reasonable performance required--Enforcement and termination
Status: in_force

Each lease, contract, or agreement shall contain provisions that require commercially reasonable performance by the private lessee or contractor. Each lease, contract, or agreement shall contain provisions that reserve to the Board of Regents the power to enforce the requirements of this chapter and of any leases, contracts, or agreements issued pursuant to it, which reserved powers shall include the power of termination.

Source: SL 2012, ch 46, § 13.
S.D. Codified Laws § 5-7-55 — SD Code / Title 5 / Chapter 7 / Section 5-7-55
Payment of royalty--Amount
Status: in_force

In addition to the annual rental, the lessee shall pay to the commissioner a royalty of not less than two percent of the gross returns from the sale of ores and mineral products derived therefrom, less reasonable transportation and smelting or reduction charges, if any, and such other customary and appropriate charges as determined by the commissioner by rules promulgated pursuant to chapter 1-26 , of all ores or materials mined and extracted from the land. In addition, the lessee shall pay to the commissioner as royalty not less than two percent of any premiums and bonuses received in connection with the discovery, production or marketing.

Accounting for all royalties shall be made on the twentieth day of the month following the month of sale or receipt of premium or bonus.

Source: SL 1993, ch 53, § 11.
S.D. Codified Laws § 5-18D-1 — SD Code / Title 5 / Chapter 18D / Section 5-18D-1
Classification of supplies
Status: in_force

The Bureau of Human Resources and Administration shall classify all supplies purchased for the use of every agency of state government. The bureau shall group items of the same class so that contracts may be grouped for like commodities or classes of commodities.

Source: SL 2010, ch 31, § 94; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-4-18 — SD Code / Title 5 / Chapter 4 / Section 5-4-18
Prohibiting large groups from congregating when necessary to preserve lessee's use of land or prevent damage
Status: in_force

Upon the request of the Governor and the sheriff of the county where the public land is situated, the commissioner of school and public lands may prohibit any group larger than twenty persons from congregating upon any tract of land under the supervision of the commissioner of school and public lands, if the prohibition is necessary to preserve the undisturbed use of the land by the lessee or if the land may be damaged by the activity.

Source: SL 2017, ch 42, § 1, eff. Mar. 13, 2017.
S.D. Codified Laws § 5-2-2.2 — SD Code / Title 5 / Chapter 2 / Section 5-2-2.2
Minimum cash price--Method of sale--Time, notice, and conduct of auction--Conveyance
Status: in_force

The sale of real property pursuant to § 5-2-2.1 shall be made at not less than the full appraised value established by the commissioner of school and public lands, for cash at public auction or under the terms of an installment sale as provided pursuant to § 5-9-10 . The public auction shall be held not less than five days after the last of at least two publications of notice of the sale were published in at least three daily newspapers of the state, which publications of notice shall disclose all details relative to the sale. All such sales shall be conducted by the commissioner of school and public lands. Conveyance shall be made in the name of the State of South Dakota acting through the board or department involved in the transaction and executed in the manner provided by § 5-2-11 .

Source: SL 1976, ch 7, § 3; SL 1985, ch 36, § 1; SL 1989, ch 20, § 53.
S.D. Codified Laws § 5-1-4 — SD Code / Title 5 / Chapter 1 / Section 5-1-4
Organization of commissioner's office--Employment of personnel
Status: in_force

The commissioner of school and public lands may divide the work of his office into such departments and employ such clerks and assistants as may be necessary to properly conduct the work of his office, for each of whose acts he shall be responsible.

Source: SL 1911, ch 224, § 4; RC 1919, § 5631; SDC 1939, § 15.0102.
S.D. Codified Laws § 5-24A-11 — SD Code / Title 5 / Chapter 24A / Section 5-24A-11
Trade-in requirements
Status: in_force

Before the administrator authorizes a trade-in of property, the administrator shall determine that the net benefit to the state exceeds the benefit that would be derived from a public sale of the item.

Source: SL 2008, ch 32, § 11.
S.D. Codified Laws § 5-29-7 — SD Code / Title 5 / Chapter 29 / Section 5-29-7
Geothermal resources
Status: in_force

Notwithstanding any other provision of law, including chapter 5-7 , the Board of Regents when approving a research park lease or sublease may lease such portions of the mineral interests reserved to the State of South Dakota in the lands occupied by the research park as may be necessary to permit the research park and its tenants to use geothermal resources for heating or cooling on-site facilities. The mineral interests may be leased on behalf of the State of South Dakota acting by and through the Board of Regents in a manner and upon terms acceptable to the board.

Source: SL 2012, ch 46, § 7.
S.D. Codified Laws § 5-18A-22 — SD Code / Title 5 / Chapter 18A / Section 5-18A-22
Procurements exempt from chapters5-18Athrough5-18D
Status: in_force

The provisions of this chapter and chapters 5-18B , 5-18C , and 5-18D do not apply to:

(1) Any highway construction contract entered into by the Department of Transportation;

(2) Any political subdivision's utility contract to be bid in combination with a highway construction contract of the Department of Transportation;

(3) Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration;

(4) Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months;

(5) Any equipment repair contract;

(6) Any procurement of electric power, water, or natural gas; chemical and biological products; laboratory apparatus and appliances; published books, maps, periodicals and technical pamphlets; works of art for museum and public display; medical supplies; communications technologies, computer hardware and software, peripheral equipment, and related connectivity; tableware or perishable foods;

(7) Any supplies, services, and professional services required for externally funded research projects at institutions under the control of the Board of Regents;

(8) Any property or liability insurance or performance bonds, except that the actual procurement of any insurance or performance bonds by any department of the state government, state institution, and state agency shall be made under the supervision of the Bureau of Human Resources and Administration;

(9) Any supplies needed by the Department of Human Services or the Department of Social Services or prison industries for the manufacturing of products;

(10) Any printing involving student activities, conducted by student organizations and paid for out of student fees, at institutions under the control of the Board of Regents. However, nothing in this subdivision exempts, from the requirements of this chapter and chapters 5-18B , 5-18C , and 5-18D , purchases that involve printing for other activities at institutions under the control of the Board of Regents;

(11) Any purchase of surplus property from another purchasing agency;

(12) Any animals purchased;

(13) Any purchase by a school district of perishable food, raw materials used in construction or manufacture of products for resale, or for transportation of students;

(14) Any authority authorized by chapters 1-16A , 1-16B , 1-16G , 1-16H , 1-16J , 5-12 , or 11-11 ;

(15) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the operation of farms by institutions under the control of the Board of Regents;

(16) Any purchase of supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits established in § 5-18A-14 ;

(17) For political subdivisions, any contract for asbestos removal in emergency response actions and any contract for services provided by individuals or firms for consultants, audits, legal services, ambulance services, architectural services and engineering, insurance, real estate services, or auction services;

(18) Any purchase of supplies or services from a contract established through a Midwestern Higher Education Compact group purchasing program by a competitive sealed bid or a competitive sealed proposal; or

(19) Any contract concerning the custody, management, purchase, sale, and exchange of fund investments and research by the State Investment Council or Division of Investment.

Source: SL 2010, ch 31, § 23; SL 2011, ch 1 (Ex. Ord. 11-1), § 134, eff. Apr. 12, 2011; SL 2011, ch 2, § 153; SL 2011, ch 31, § 1; SL 2015, ch 35, § 2; SL 2016, ch 40, § 1; SL 2020, ch 4, § 30; SL 2023, ch 17, § 4; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024; SL 2026, ch 29, § 1.
S.D. Codified Laws § 5-18A-18 — SD Code / Title 5 / Chapter 18A / Section 5-18A-18
Specifications to promote economy and encourage competition--Circumstances under which brand name or equal specifications permitted
Status: in_force

Any specification shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the purchasing agency's needs, and may not be unduly restrictive. Brand name or equal specifications may be used if the purchasing agency determines in writing that:

(1) No other design or performance specification or qualified products list is available;

(2) Time does not permit the preparation of another form of purchase description, not including a brand name specification;

(3) The nature of the product or the nature of the purchasing agency's requirements makes use of a brand name or equal specification suitable for the procurement; or

(4) Use of a brand name or equal specification is in the purchasing agency's best interests.

Source: SL 2010, ch 31, § 19.
S.D. Codified Laws § 5-7-27 — SD Code / Title 5 / Chapter 7 / Section 5-7-27
Execution and acknowledgment of assignments of leases--Filing and recordation--Form and fees
Status: in_force

The assignments provided for in § 5-7-26 shall be executed and acknowledged in duplicate in the manner prescribed for conveyance of real estate in this state, and subject to recordation as other instruments conveying real estate and, in addition thereto, a duplicate original shall be filed in the office of the commissioner of school and public lands who shall record same in permanent form in his office as a public record and shall return the original to the person entitled thereto after recording. The approval of the commissioner shall be noted upon all originals of the assignment. The commissioner shall prescribe the form to be used for such assignments and shall fix a reasonable fee for the filing, recording, and approval of the same.

Source: SL 1931, ch 203, § 4; SDC 1939, § 15.0512.
S.D. Codified Laws § 5-24-5 — SD Code / Title 5 / Chapter 24 / Section 5-24-5
Lost or destroyed property to be noted in inventory--Date and circumstances shown
Status: in_force

If any article in the custody of any officer or employee is lost or destroyed, the officer or employee shall make a note of the loss or destruction in the inventory for the current year, giving the date and circumstances of the loss or destruction.

Source: SL 1903, ch 220, § 4; SL 1913, ch 293, § 2; RC 1919, § 7049; SDC 1939, § 48.0502; SL 2011, ch 2, § 88.
S.D. Codified Laws § 5-1-14 — SD Code / Title 5 / Chapter 1 / Section 5-1-14
Annual report to Governor--Contents
Status: in_force

The commissioner of school and public lands shall make a report to the Governor, showing the transactions of his office, the condition of the school and public lands, and the funds arising from the sale and leasing thereof, covering the year ended on the thirtieth day of the preceding June.

Source: SL 1911, ch 224, § 86; SL 1913, ch 291, § 12; RC 1919, § 5632; SDC 1939, § 15.0106; SL 1980, ch 23, § 13.
S.D. Codified Laws § 5-12-27.4 — SD Code / Title 5 / Chapter 12 / Section 5-12-27.4
Exchange or sale of bonds--Disposition of proceeds of sale
Status: in_force

Refunding bonds issued pursuant to §§ 5-12-27.1 to 5-12-27.4 , inclusive, may be exchanged for not less than an equal principal amount of bonds to be refunded or may be sold at not less than par, or may be exchanged in part and sold in part. All proceeds received at the sale thereof, excepting the accrued interest received, shall be used:

(1) If the bonds to be refunded are then due, for the payment thereof;

(2) If the bonds to be refunded are voluntarily surrendered with the consent of the holder or holders thereof, for the payment thereof;

(3) If the bonds to be refunded are then subject to prior redemption by their terms, for the redemption thereof;

(4) If the bonds to be refunded are not then subject to payment or redemption, to purchase direct obligations of, or those guaranteed by the United States of America so long as such obligations will mature at such time or times, with interest thereon or the proceeds received therefrom, to provide funds adequate to pay when due or called for redemption prior to maturity the bonds to be refunded, together with the interest accrued thereon and any redemption premium due thereon, and such proceeds or obligations of the United States of America shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of South Dakota, with the power to accept and execute trusts, or any successor thereto, which is also a member of the federal deposit insurance corporation and of the federal reserve system, to be held in an irrevocable trust solely for and until the payment and redemption of the bonds so to be refunded, and any balance remaining in said escrow after the payment and retirement of the bonds to be refunded shall be returned to said authority to be used and held for use as revenues pledged for the payment of said refunding bonds; or

(5) For any combination of the foregoing subdivisions of this section.

Source: SL 1975, ch 50, § 3.
S.D. Codified Laws § 5-24A-10 — SD Code / Title 5 / Chapter 24A / Section 5-24A-10
Fixed assets
Status: in_force

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

Source: SL 2008, ch 32, § 10.
S.D. Codified Laws § 5-12-11.1 — SD Code / Title 5 / Chapter 12 / Section 5-12-11.1
Standards and specifications to accommodate persons with disabilities
Status: in_force

The standards and specifications set forth in § 5-14-13 shall be adhered to by the Bureau of Human Resources and Administration during the construction phase and by the appropriate state agency thereafter in those buildings and facilities constructed by the South Dakota Building Authority or any subdivision thereof if the construction was commenced after January 26, 1992, and in all new construction thereafter.

Source: SL 1972, ch 30; SL 1994, ch 50, § 3; SL 1994, ch 52, § 3; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-18B-33 — SD Code / Title 5 / Chapter 18B / Section 5-18B-33
Proposals to be sealed--Contents
Status: in_force

Any proposal shall be sealed and may not be opened until expiration of the time established for making proposals as set forth in the design-build request for proposals. To the extent required by the request for proposals, any proposal shall identify each person to whom the design-builder proposes to sublet obligations under the design-build contract. At a minimum, any proposal shall identify each person to whom the design-builder proposes to sublet any design obligations or general construction obligations. Any person so identified may not be replaced without the approval of the purchasing agency. Any proposal shall establish a cost of the design-build contract that may not be exceeded if the proposal is accepted without change. The maximum cost in the proposal may be converted to fixed prices by negotiated agreement between the purchasing agency and the selected design-builder.

Source: SL 2010, ch 31, § 72.
S.D. Codified Laws § 5-18A-5 — SD Code / Title 5 / Chapter 18A / Section 5-18A-5
Procedures for competitive sealed bids
Status: in_force

The following procedures apply to the use of competitive sealed bids:

(1) Public notice of the invitation for bids shall be given pursuant to § 5-18A-14 ;

(2) The invitation for bids shall include a purchase description, all contractual terms and conditions applicable to the procurement. The invitation for bids for supplies shall include the length of time, not to exceed forty-five days, between the bid opening and the award of the bid;

(3) A bid may be submitted either manually or electronically in a manner authorized by the purchasing agency;

(4) Each bid shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and other relevant information as may be specified, together with the name of each bidder shall be recorded. Except as otherwise provided by law, the record and each bid shall be open to public inspection;

(5) Each bid shall be unconditionally accepted without alteration or correction, except as authorized in this section. Each bid shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids;

(6) Any bid may be withdrawn by letter, by electronic communications, or in person before the time specified in the advertisement for bid. The purchasing agency may allow modification of bids by mail, facsimile, or electronic notice received at the place designated in the invitation to bid not later than the time set for the opening of bids. A modification may not reveal the bid price but shall provide the addition, subtraction, or modification so the final prices or terms will not be known to the purchasing agency until the sealed bid is opened. A modification may not be withdrawn after the time set for the opening of bids. Each modification shall be confirmed in writing by the successful bidder before award of the contract. No bid made may be changed or altered by telephone. After bid opening, no withdrawal of a bid or change in bid prices or other provisions of bids prejudicial to the interest of the purchasing agency or fair competition is permitted. The purchasing agency may waive technical irregularities in the bid or proposal of the low bidder or offeror that do not alter the price, quality, or quantity of the services, or items of tangible personal property bid or offered. Any decision to permit the correction or withdrawal of a bid, or to cancel an award or a contract based on a bid mistake, shall be supported by a written determination made by the purchasing agency, and included in the bid file;

(7) The contract for services or public improvement shall be awarded within thirty days and the contract for supplies shall be awarded within forty-five days of the bid opening by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. The purchasing agency may reject any and all bids and readvertise for bids if none of the bids are satisfactory, or if the purchasing agency believes an agreement has been entered into by the bidders to prevent competition. If the low bidder is not responsible or the bid is not made in accordance with the requirements of this chapter and chapters 5-18B , 5-18C , and 5-18D or the low bid is withdrawn as authorized by this section, the bid of the next lowest responsible and responsive bidder may be accepted;

(8) If it is considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation;

(9) If, after advertising for bids, no firm bids are received, the purchasing agency may negotiate a contract for the purchase of the supplies, services, or public improvement projects at the most advantageous price, if the specifications of the original bid are met;

(10) If two or more competitive sealed bids submitted are identical in price and product quality, the bids are the low bid, and no resident bidder preference is applicable, the purchasing agency may:

(a) Award the bid by lottery to one of the identical low bidders; or

(b) Reject all the bids and resolicit bids for the required supplies, services, or public improvement.

Source: SL 2010, ch 31, § 6; SL 2016, ch 39, § 1.
S.D. Codified Laws § 5-2-7 — SD Code / Title 5 / Chapter 2 / Section 5-2-7
Rules and conditions governing sand and gravel contracts
Status: in_force

The commissioner of school and public lands is authorized and directed to make and publish all necessary and proper rules, terms, and conditions for the taking, purchasing, or selling of the materials and the products mentioned in § 5-2-5 , and to make such changes from time to time, upon proper notice, as the rights of the state and interest of the public may require.

Source: SL 1921, ch 357, § 3; SDC 1939, § 15.0325.
S.D. Codified Laws § 5-7-56 — SD Code / Title 5 / Chapter 7 / Section 5-7-56
Marketing minerals
Status: in_force

Any lease issued under the provisions of this chapter shall contain provisions requiring the lessee to market the mineral within a reasonable time after production is had.

Source: SL 1993, ch 53, § 12.
S.D. Codified Laws § 5-18D-12 — SD Code / Title 5 / Chapter 18D / Section 5-18D-12
Suspension or debarment of business for cause
Status: in_force

The Bureau of Human Resources and Administration, after notice to the business involved, may suspend or debar a business for cause from consideration of any state contracts. The suspension may not exceed three months and the debarment may not exceed three years. Any action to debar or suspend shall be conducted by the Bureau of Human Resources and Administration pursuant to chapter 1-26 .

Source: SL 2010, ch 31, § 105; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-7-62 — SD Code / Title 5 / Chapter 7 / Section 5-7-62
Removal of improvements and equipment upon termination--Time limit
Status: in_force

Upon termination of any lease issued under the provisions of this chapter by reason of forfeiture, surrender, expiration of term, or for any other reason, the lessee may remove all improvements and equipment as can be removed without material injury to the premises. However, all rents and royalties shall be paid and such removal accomplished within two years from the termination date or before such earlier date as the commissioner may set upon thirty days' written notice to the lessee. All improvements and equipment remaining upon the premises after the removal date as set in accordance with this section shall be forfeited to the State of South Dakota without compensation.

Source: SL 1993, ch 53, § 18.
S.D. Codified Laws § 5-9-16 — SD Code / Title 5 / Chapter 9 / Section 5-9-16
Assignment or conveyance under installment contract--Approval required--Form--Filing fee
Status: in_force

Any assignment of any rights under such contract, or conveyance of any interest in the lands therein described is ineffective until such assignment or conveyance is first approved, in writing, by the commissioner of school and public lands. The commissioner shall prescribe the form to be used for such assignment or conveyance and shall fix a reasonable fee for filing, recording, and approval of it.

Source: SDC 1939, § 15.0308 as added by SL 1949, ch 48; SL 1984, ch 36, § 2.
S.D. Codified Laws § 5-12-42 — SD Code / Title 5 / Chapter 12 / Section 5-12-42
Sale and lease-back arrangements--Sales and land leases authorized--Use of proceeds
Status: in_force

Improved or unimproved land held by or transferred to the Building Authority pursuant to § 5-12-10 , may be leased and the improvements thereon sold to a person, partnership, association, limited liability company, or corporation. The improvements may be sold only at their fair market value as determined by the authority, but consideration for a land lease may be nominal. The authority shall obtain and consider when determining the fair market value of improvements to be sold, at least one independent appraisal. The proceeds of sale shall be paid to the Building Authority trust account and shall be applied to such purpose, if any, as may be required by the State Constitution or any contract of the state. If no specific disposition of the proceeds, including any investment income thereon, or any portion thereof is required by the Constitution or any state contract, the proceeds, including any investment income thereon, shall be used in or expended for the acquisition of land, buildings, water development, or other improvements of a capital nature as the Legislature or the special committee created in § 4-8A-2 and Governor may specifically direct. Contracts of the state shall include any contract now in existence and any contract entered into in connection with any sale hereunder and the lease - back of the improvements sold pursuant to § 5-12-43 . Except as provided in chapters 5-6 to 5-8 , inclusive, all leases and sales of land and improvements may be made without reservation of timber, mineral, or other similar rights.

Source: SL 1983, ch 32, § 1; SL 1989, ch 212, § 2; SL 1994, ch 351, § 4.
S.D. Codified Laws § 5-12-1.1 — SD Code / Title 5 / Chapter 12 / Section 5-12-1.1
Authority continued within Bureau of Finance and Management--Records and reports
Status: in_force

The South Dakota Building Authority shall continue within the Bureau of Finance and Management, and shall retain all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of finance and management, except that the authority shall report at least annually.

Source: SL 1973, ch 2, § 16 (a).
S.D. Codified Laws § 5-18A-48 — SD Code / Title 5 / Chapter 18A / Section 5-18A-48
Persons involved in grant or contract determinations ineligible for grant or contract--Performance evaluation by recipients and sub-recipients prohibited
Status: in_force

No person involved in the determination of the recipient of a grant or contract from a state agency may be awarded the grant or contract. No recipient or sub-recipient of a grant or contract from a state agency may conduct any external evaluation of the performance of the grant or contract.

Source: SL 2018, ch 44, § 4.
S.D. Codified Laws § 5-14-8.1 — SD Code / Title 5 / Chapter 14 / Section 5-14-8.1
Acceptance and expenditure of contributions for works of art in state buildings
Status: in_force

The South Dakota State Fine Arts Council, the State Building Committee provided for in § 5-14-3 , and the Bureau of Human Resources and Administration, may accept and expend for the purpose of this chapter, any funds which it may obtain from federal sources, gifts, contributions, or any other source for the acquisition and installation of works of art in state buildings in which the works of art shall be an integral part of the building, attached to the building, or capable of display in other state buildings.

Source: SL 1979, ch 34, § 1; SL 2011, ch 2, § 38; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 5-12-3 — SD Code / Title 5 / Chapter 12 / Section 5-12-3
Oath and bond of members
Status: in_force

Each member shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office and give bond in the penal sum of twenty - five thousand dollars conditioned upon the faithful performance of his duties. The oath and bond shall be filed in the Office of the Secretary of State.

Source: SL 1967, ch 276, § 1.
S.D. Codified Laws § 5-2-4 — SD Code / Title 5 / Chapter 2 / Section 5-2-4
State ownership of lake and river beds declared--Riparian owners protected
Status: in_force

For the purposes of §§ 5-2-4 to 5-2-9 , inclusive, the bed and channel of any lake or river in this state or bordering on this state to the middle of the main channel thereof, and all islands and sand bars lying therein shall be considered the property of the State of South Dakota unless this state or the United States has granted or conveyed an adverse legal or equitable interest therein. Nothing in said sections shall affect or impair the rights of riparian owners.

Source: SL 1921, ch 357, § 6; SDC 1939, § 15.0325.
S.D. Codified Laws § 5-29-15 — SD Code / Title 5 / Chapter 29 / Section 5-29-15
State not liable for research park debts
Status: in_force

Nothing in this chapter authorizes the Board of Regents or any entity operating a research park under a lease, contract, or agreement with the Board of Regents to contract a debt on behalf of, or in any way to obligate, the State of South Dakota, or to pledge, assign, or encumber in any way, or to permit the pledging, assigning, or encumbering in any way, of appropriations made by the Legislature of the State of South Dakota. No debt or liability of a research park is an indebtedness, legal or moral, of the State of South Dakota, and no creditor may have recourse against the State of South Dakota or any fund created or maintained directly or indirectly from state taxation.

Source: SL 2012, ch 46, § 15.
S.D. Codified Laws § 5-5-13 — SD Code / Title 5 / Chapter 5 / Section 5-5-13
Special four-year leases for approved land renovation practices--Cancellation--Entitlement to new five-year lease
Status: in_force

The commissioner may lease agricultural and grazing lands for the period of up to four years for the purpose of approved land renovation practices such as summer - fallowing, mechanical or chemical control, ripping, furrowing, contouring, deferred grazing, wildlife production, or conservation plans as approved by the local conservation district, if in his opinion it is necessary to do so in order to bring the land back into production, the lessee to pay only one year's rent for such land. If any lands are leased as above provided, the person leasing such land, before the lease is approved by the commissioner, shall pay to the county treasurer of the county in which the land is situated the total amount of rent therefor. If the lessee so renting the land fails or neglects to implement the above renovation practices at the proper time or in the proper manner, the commissioner in his discretion may declare the lease canceled and the amount paid thereon shall be forfeited. However, any lessee of such common school, indemnity, or endowment lands is, at the expiration of a lease, entitled, at his option, to a new lease for the land included in his original lease, or such portion thereof as has not been sold, for a period of five years.

Source: SL 1917, ch 339, § 15; RC 1919, § 5647; SDC 1939, § 15.0412; SL 1985, ch 37, § 3; SL 1987, ch 47, § 3.
S.D. Codified Laws § 5-9-30 — SD Code / Title 5 / Chapter 9 / Section 5-9-30
Special contract of sale given to tax purchaser after issuance of tax deed
Status: in_force

In case the holder of such contract of sale shall fail to redeem the land within the time allowed by law for the redemption of other lands sold for taxes, and also pay to the proper officer for the use of the holder of the tax certificate all payments of principal and interest if any, made by him upon the contract of sale, with interest from the time so made at the rate provided by law, the holder and owner of such tax certificate, upon the receipt of a tax deed thereon, duly given, and the filing of a certified copy of the same with the commissioner of school and public lands together with a certificate showing that he has caused notice as hereinafter provided to be served upon the legal holder of the contract of sale of his intention of making application for a special contract of sale as herein provided, shall be given by the commissioner a special contract of sale, embodying the same terms and conditions and with like force and effect as the original contract of sale and in lieu thereof.

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 § 5-18A-3 — SD Code / Title 5 / Chapter 18A / Section 5-18A-3
Methods of awarding contracts
Status: in_force

Unless otherwise authorized by law, each contract for supplies, services, and construction shall be awarded by one of the following methods:

(1) Competitive sealed bids as provided in § 5-18A-5 ;

(2) Competitive sealed proposals as provided in §§ 5-18A-6 and 5-18A-7 ;

(3) Small purchases as provided in § 5-18A-11 ;

(4) Sole source procurement as provided in § 5-18A-8 ; or

(5) Emergency procurement as provided in § 5-18A-9 .

Source: SL 2010, ch 31, § 4.
S.D. Codified Laws § 5-12-18 — SD Code / Title 5 / Chapter 12 / Section 5-12-18
Costs and reserves to be covered by rent and charges
Status: in_force

The charges, fees, or rentals established by the Building Authority for the use of any facilities acquired, constructed, completed, remodeled, or equipped in whole or in part with the proceeds of the bonds issued as provided in this chapter shall be sufficient at all times to pay maintenance and operation costs for such facilities (unless under a lease maintenance and operation costs are otherwise provided for), principal of and interest on the bonds and a proportion of the administrative expenses of the authority as provided for by each lease, and such reserves as may be provided in the resolutions of issuance.

Source: SL 1967, ch 276, § 7.
S.D. Codified Laws § 5-12-27.7 — SD Code / Title 5 / Chapter 12 / Section 5-12-27.7
Acceptance and expenditure of gifts, contributions, etc., authorized
Status: in_force

The Building Authority and the State of South Dakota through any of its departments, agencies, or bureaus, may accept and expend for the purposes stated in § 5-12-27.5 , any funds obtained for such purposes from gifts, contributions, or other sources, including any unit of government.

Source: SL 1988, ch 52, § 3.
S.D. Codified Laws § 5-12-2 — SD Code / Title 5 / Chapter 12 / Section 5-12-2
Terms of members--Vacancies--Quorum
Status: in_force

All appointments to the South Dakota Building Authority shall be made for a four - year term. Each member's term of office shall expire on the appropriate third Monday in January, but he shall continue to hold office until his successor is appointed and qualified. Any vacancy in the authority shall be filled by appointment for only the balance of the unexpired term. Four members of the authority shall constitute a quorum.

Source: SL 1967, ch 276, § 1; SL 1980, ch 21, § 1.
S.D. Codified Laws § 5-7-39 — SD Code / Title 5 / Chapter 7 / Section 5-7-39
Validation of oil and gas leases prior to July 1, 1981
Status: in_force

Any oil and gas lease executed by the Governor and the commissioner of school and public lands prior to July 1, 1981, is, notwithstanding any omissions, irregularities, or defects in the procedures, including publications, taken by the State of South Dakota in leasing the same, hereby validated and cured to the extent that the lease shall operate to convey to the person named as the lessee in the lease all of the rights provided in the lease.

Source: SL 1982, ch 51, § 1.
S.D. Codified Laws § 5-7-31 — SD Code / Title 5 / Chapter 7 / Section 5-7-31
Correction of mistaken land descriptions in leases
Status: in_force

Whenever any person, firm, or corporation has been granted a lease or leases and has not tested or prospected the land so leased and a mistake has been made in the description of the land, there may be substituted therefor other land for that leased, under such rules and regulations as may be prescribed by the commissioner of school and public lands; provided however, that such application for such correction must be made within six months from the date of the lease.

Source: SL 1931, ch 203, § 11; SDC 1939, § 15.0514.
S.D. Codified Laws § 5-12-16 — SD Code / Title 5 / Chapter 12 / Section 5-12-16
Taxes and insurance added to rental properties--Authorization to self-insure
Status: in_force

The lease may provide that the lessee shall, as additional rent for the leased premises, pay, or provide for the payment of, all taxes assessed against the leased premises if any, and the cost of insuring the building erected thereon against loss or damage by fire and windstorm in such sum as may be agreed by the parties thereto. Any lessee of a facility constructed, owned or leased by the authority is hereby authorized to self - insure the facility.

Source: SL 1967, ch 276, § 5; SL 1986, ch 50, § 1; SL 1988, ch 50, § 4.
S.D. Codified Laws § 5-9-35 — SD Code / Title 5 / Chapter 9 / Section 5-9-35
Conveyance of tract not exceeding one hundred sixty acres--Reversion to state
Status: in_force

Upon the payment of the full amount of the appraised price of such tract, a conveyance may be executed by the Governor, attested by the commissioner of school and public lands, with the seal affixed, conditioned that should such lands cease to be used for two successive years for the purpose stated in the application, the title shall revert to the state.

Source: SDC 1939, § 15.0313; SL 1949, ch 49; SL 1959, ch 53; SL 1998, ch 32, § 2.
S.D. Codified Laws § 5-12-7 — SD Code / Title 5 / Chapter 12 / Section 5-12-7
Purposes of authority
Status: in_force

The purposes of this authority are:

(1) To build and otherwise provide hospital, housing, correctional facilities, administrative, classroom, dining halls, fieldhouses, parking facilities, union buildings, library, recreational, laboratory, office, and similar facilities for use by the State of South Dakota;

(2) To serve the Legislature by making reports concerning the providing of such facilities; and

(3) To make, and undertake commitments to make, loans to farmers or ranchers who are participants in the United States Department of Agriculture Conservation Reserve Program.

Source: SL 1967, ch 276, § 2; SL 1988, ch 50, § 2; SL 1988, ch 51, § 1; SL 2023, ch 82, § 4.
S.D. Codified Laws § 5-12-33 — SD Code / Title 5 / Chapter 12 / Section 5-12-33
Payment of interim notes or purchase of government obligations with proceeds from sale of revenue bonds
Status: in_force

Contemporaneously with the issue of revenue bonds as provided by this chapter, all interim notes, even though they may not then have matured, shall be paid, both principal and interest to date of payment, from the funds derived from the sale of revenue bonds for the permanent financing and such interim notes shall be surrendered and canceled, or the proceeds at the sale of said bonds (excepting the accrued interest received) shall be used to purchase direct obligations of the United States of America so long as such obligations will mature at such time or times, with interest thereon or the proceeds received therefrom, to provide funds adequate to pay when due or called for redemption prior to maturity the notes to be refunded, together with the interest accrued thereon and any redemption premium due thereon, and such proceeds or obligations of the United States of America shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of South Dakota, with power to accept and execute trusts, or any successor thereto, which is also a member of the federal deposit insurance corporation and of the federal reserve system, to be held in an irrevocable trust solely for and until the payment and redemption of the notes so to be refunded, and any balance remaining in said escrow after the payment and retirement of the notes to be refunded shall be returned to said authority to be used and held for use as revenues pledged for the payment of said refunding bonds.

Source: SL 1967, ch 276, § 5; SL 1975, ch 52, § 2.
S.D. Codified Laws § 5-3-7.1 — SD Code / Title 5 / Chapter 3 / Section 5-3-7.1
Conservation easement for state land exchanged or sold
Status: in_force

The State of South Dakota, when exchanging land pursuant to § 5-3-7 or selling land pursuant to chapter 5-9 , may hold a perpetual conservation easement preserving the archaeological and paleontological aspects on such land to protect the public interest. The conveyance documents shall specify the conservation easement, if any, and the conservation easement shall be made in accordance with §§ 1-19B-56 to 1-19B-60 , inclusive.

Source: SL 2000, ch 28, § 2.
S.D. Codified Laws § 5-15-46 — SD Code / Title 5 / Chapter 15 / Section 5-15-46
Historic area traditionally open to the public
Status: in_force

For purposes of §§ 5-15-44 to 5-15-48 , inclusive, an "historic area traditionally open to the public" includes the exterior of the state capitol building, the grounds of the state capitol building bordered by Capitol Lake, Capitol Avenue, Nicollet Avenue, and Broadway Avenue, the hallways on the first, second, third, and fourth floors of the state capitol building and the rotunda of the state capitol building.

Source: SL 1980, ch 49, § 2.
S.D. Codified Laws § 5-4-13 — SD Code / Title 5 / Chapter 4 / Section 5-4-13
Civil liability for waste or unauthorized removal of wood from public lands--Disposition of moneys recovered
Status: in_force

Any person who violates any provision of § 5-4-11 or 5-4-12 shall, in addition to the criminal action therein provided for, be liable in a civil action for double the minimum rental of any legal subdivision used in whole or in part, and for double the damages otherwise resulting from his act. All moneys recovered as a result of such actions shall be paid into the county treasury of the proper county and placed to the credit of the interest and income fund of the class to which the lands belong. Moneys received by county treasurers under the provisions of this section and §§ 5-4-11 and 5-4-12 shall be accounted for and remitted monthly to the commissioner of school and public lands.

Source: SL 1890, ch 140, § 3; SL 1901, ch 184, §§ 4, 5; RPenC 1903, § 540; SL 1909, ch 95, § 1; SL 1911, ch 253, § 1; RC 1919, § 3834; SDC 1939, § 37.1909; SL 1984, ch 34, § 7; SL 1989, ch 30, § 11.
S.D. Codified Laws § 5-18D-19 — SD Code / Title 5 / Chapter 18D / Section 5-18D-19
Discussion and negotiation of project
Status: in_force

The agency and the highest ranked contractor shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule. The compensation level paid shall be reasonable and fair to the agency, as determined by the agency. If the agency and the highest ranked contractor are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, by notification either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor. The negotiation process may continue through successive contractors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process.

Source: SL 2010, ch 31, § 113.
S.D. Codified Laws § 5-2-5 — SD Code / Title 5 / Chapter 2 / Section 5-2-5
Contracts permitting taking of sand and gravel from state-owned lake and river beds--Exclusive privilege prohibited
Status: in_force

Whenever any person shall desire 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, he shall first enter into a contract with the commissioner upon such terms and conditions, and upon such terms of payment to the State of South Dakota as the commissioner of school and public lands may determine. No contract shall be made giving any person any exclusive privilege hereunder.

Source: SL 1921, ch 357, § 2; SDC 1939, § 15.0325.
S.D. Codified Laws § 5-7-37 — SD Code / Title 5 / Chapter 7 / Section 5-7-37
Rules and regulations governing leasing--Promulgation
Status: in_force

The commissioner of school and public lands shall from time to time promulgate such rules and regulations, not in conflict with any of the provisions of this chapter, as may be necessary or proper for carrying out such provisions governing the duties of the commissioner in executing leases of mineral, oil, gas, or geothermal resources rights, specifically prescribing forms to be used, fixing minimum bonus and rentals, and prescribing the method of sale, whether private or by public auction, or either or both.

Source: SL 1919, ch 305, § 9; SL 1931, ch 203, § 10; SDC 1939, § 15.0502.
S.D. Codified Laws § 5-10-3 — SD Code / Title 5 / Chapter 10 / Section 5-10-3
Accounts and records maintained by commissioner
Status: in_force

The commissioner of school and public lands shall keep an accurate account of all money due or to become due the state on account of sales and leases of school and public lands and the interest arising from the loaning of the permanent school fund.

Source: SL 1911, ch 224, §§ 38, 61; RC 1919, §§ 5662, 5701; SDC 1939, § 15.0601; SL 1957, ch 45; SL 1984, ch 34, § 12.
S.D. Codified Laws § 5-11-1 — SD Code / Title 5 / Chapter 11 / Section 5-11-1
Certification by commissioner of school and endowment land lessees and acreage
Status: in_force

The commissioner of school and public lands shall on or before June first of each year certify to the auditor of each county where school and endowment land exists a list of all school and endowment lands in the county, and name and address of each lessee and the number of acres of school and endowment land under lease.

Source: SL 1965, ch 256, § 1; SL 1977, ch 47, § 1; SL 1994, ch 48, § 1.
S.D. Codified Laws § 5-15-18 — SD Code / Title 5 / Chapter 15 / Section 5-15-18
Sale of excess property by commission--Advertising and notice--Bids and offers
Status: in_force

The commission may sell unneeded or excess property of the commission other than real property and sever any buildings or structures from the land. The sale of any property by the commission shall be at public auction or upon sealed bids, to be held in Hughes County, South Dakota, to the highest bidder for cash. Notice of sale, containing terms of sale shall be given by the commission which shall be published in at least two of the official newspapers of the county once a week for two successive weeks next before the day, on or after which the sale is to be made, which date, and the location where such auction will be held, shall be stated in the notice and shall be at least fifteen days from the first publication of notice. The right to reject any and all bids is reserved. A sale may not be made before the day set but shall be made within sixty days thereafter. If bids or offers are used, the bids shall be in writing and shall be filed in the office of the chairman or secretary of the commission in Pierre.

Source: SL 1961, ch 316, § 2 (f); SL 1963, ch 321, § 1; SL 2011, ch 2, § 67.
S.D. Codified Laws § 5-12-6 — SD Code / Title 5 / Chapter 12 / Section 5-12-6
Common seal of authority
Status: in_force

The Building Authority shall have the power to have and use a common seal and alter the same at pleasure.

Source: SL 1967, ch 276, § 5.
S.D. Codified Laws § 5-4-2 — SD Code / Title 5 / Chapter 4 / Section 5-4-2
Right-of-way for federally authorized waterworks and utility lines--Waterworks of persons holding water rights--Reservation in conveyances--Purchasers' right to irrigation water
Status: in_force

There is hereby granted over all school and public lands, now or hereafter belonging to the state, a right - of - way for ditches or canals and for tunnels, tramways and telephone and electrical transmission lines, constructed by authority of the United States. There is also hereby granted to any person holding a valid water right under statutes of this state a right - of - way for the construction of dams, canals, water ditches, and laterals over all school and public land now and hereafter belonging to the state, when constructed by authority of the commissioner of school and public lands. All conveyances and contracts of sale of school and public lands shall contain a reservation of such right - of - way. Purchasers of school and public lands shall have the right to obtain water from any irrigation system, parts of which may be located on such school and public lands, provided such lands are purchased within five years after the construction of any such irrigation system.

Source: SL 1907, ch 180, § 58; SL 1911, ch 262; RC 1919, § 8257; SDC 1939, § 61.0147; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0133.