reglab/housing_qa huggingface dataset:
SD Codified L § 5-22-2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-2 - Filing with public officer of account of claim--Effect of late filing--Agreed statement as equivalent of account.

5-22-2. Filing with public officer of account of claim--Effect of late filing--Agreed statement as equivalent of account.Every person wishing to avail himself of the provisions of the statutes providing liens on proceeds of public improvement contracts shall, within twenty days after any item claimed by him shall have been furnished or any work done by him shall have been performed, file with the officer of such public body who is by law made the custodian of its official records, a just and true account of the demand due or to become due him after allowing all credits and verified by his affidavit. A failure to file the same within the time aforesaid shall not defeat the lien upon the amount remaining due to the contractor at the time of filing. If any person who shall have performed labor or furnished materials as provided in this chapter shall procure from the contractor a settlement and statement of his account, signed by the contractor and verified by his own affidavit, the same may be filed and shall have the same force and effect as the account heretofore mentioned. Source: SL 1895, ch 133, §2; RCCivP 1903, §714; RC 1919, §1661; SDC 1939, §39.0902.
SD Codified L § 5-22-3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-3 - Endorsement and report of accounts filed with public officer--Time of attachment of lien--Receipt or certified copy given.

5-22-3. Endorsement and report of accounts filed with public officer--Time of attachment of lien--Receipt or certified copy given.The officer of the public body with whom the account is filed shall endorse upon every account so filed, the date of the filing and report the same to the next meeting of the governing board of such public body. All liens so claimed shall attach from the time of such filing. The officer shall, if demanded, give the person filing, a receipt showing such date of filing or a certified copy of the account or substantial abstract thereof and filing thereon. Source: SL 1895, ch 133, §3; RCCivP 1903, §715; RC 1919, §1662; SDC 1939, §39.0903.
SD Codified L § 5-22-4 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-4 - Actions to enforce or determine lien--Parties to action--Assertion of lien by answer.

5-22-4. Actions to enforce or determine lien--Parties to action--Assertion of lien by answer.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.
SD Codified L § 5-22-5 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-5 - Judicial determination of validity of liens and order of payment.

5-22-5. Judicial determination of validity of liens and order of payment.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.
SD Codified L § 5-22-6 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-6 - Pro rata distribution if contract proceeds insufficient--Deficiency judgment against contractor--Restriction on public liability.

5-22-6. Pro rata distribution if contract proceeds insufficient--Deficiency judgment against contractor--Restriction on public liability.If the amount due the contractor shall not be sufficient to pay all liens in full, the court shall order and direct the payment of the same, after deducting the costs of the action, to the persons whose liens are adjudged valid, ratably in proportion to the amounts of their several claims; and may render proper judgment against the contractor for any deficiencies.The public body shall not be liable in any event for more than the amount due to the contractor under provisions of these statutes for any costs of the action. Source: SL 1895, ch 133, §4; RCCivP 1903, §716; RC 1919, §1663; SDC 1939, §39.0904.
SD Codified L § 5-22-7 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-7 - Limitation of actions to enforce lien.

5-22-7. Limitation of actions to enforce lien.All claims to liens under this chapter relating to public improvement contracts shall cease to have any validity or to be binding upon the public body or the contractor under the provisions of this chapter unless an action to enforce the same as hereinbefore provided shall be commenced within thirty days from the acceptance of the work for which the same shall be claimed or unless asserted under the provisions of §§5-22-9 to 5-22-11, inclusive. Source: SL 1895, ch 133, §5; RCCivP 1903, §717; RC 1919, §1664; SDC 1939, §39.0905.
SD Codified L § 5-22-8 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-8 - Discharge of lien.

5-22-8. Discharge of lien.Any such lien may be discharged:(1)By filing with the officer with whom the liens shall be filed a certificate of satisfaction of the claimant or his successor in interest duly acknowledged;(2)By lapse of the time within which an action to enforce the same may be commenced without such action having been commenced;(3)By satisfaction of any judgment that may be rendered in any action to foreclose such lien. Source: SL 1895, ch 133, §6; RCCivP 1903, §718; RC 1919, §1665; SDC 1939, §39.0908.
SD Codified L § 5-22-9 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-9 - Notice by public contractor to file claims against subcontractors--Contents of notice.

5-22-9. Notice by public contractor to file claims against subcontractors--Contents of notice.At any time after the completion of any work or improvement for any public body the contractor may issue notice as hereinafter provided, specifically stating that the improvement has been completed and requiring that all subcontractors or persons who furnished any items of labor, service, skill, material, equipment, or supplies for any subcontractor, naming them, must file their claims with the contractor within one hundred twenty days after the first publication of said notice.The notice shall specify the name and address of the public body, department, bureau, commission, or agency thereof which caused the improvement to be made and the name and address of the contractor, and that claims shall be filed at both addresses so specified. If the contractor be a nonresident of the State of South Dakota, he shall specify a place and address within the state where claims may be filed. Source: SL 1929, ch 213; SDC 1939, §39.0906.
SD Codified L § 5-22-10 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-10 - Filing and publication of notice to file claims against subcontractors.

5-22-10. Filing and publication of notice to file claims against subcontractors.The contractor shall file such notice with the governing board of the public body in charge of the improvement, and such board shall thereupon by resolution designate a newspaper or newspapers in the vicinity of the work or improvement in which publication of said notice shall be made. The notice shall be published in such newspaper or newspapers once each week for at least two successive weeks and proof of such publication filed with the clerk, secretary, or similar officer of the public body making the improvement. Source: SL 1929, ch 213; SDC 1939, §39.0906; SL 1972, ch 33, §2.
SD Codified L § 5-22-12 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 22 - Liens Relating To Public Improvement Contracts|Section 5-22-12 - Right of action not lost by loss of lien.

5-22-12. Right of action not lost by loss of lien.Nothing in the statutes relating to such liens on public funds unless limited as hereinbefore provided shall impair or affect the right of any person to whom any sum may be due for work, skill, services, materials, power, machinery, or supplies furnished to any contractor for any of the work hereinbefore mentioned, to maintain an action against the person liable therefor. Source: SL 1895, ch 133, §7; RCCivP 1903, §719; RC 1919, §1666; SDC 1939, §39.0907.
SD Codified L § 5-24-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-1 - Annual inventory of personal property required of local officers and employees.

5-24-1. Annual inventory of personal property required of local officers and employees.County, township, or municipal officers or employees, having in their custody any public personal property, requiring inventory, as defined in rules issued by the commissioner of the Bureau of Administration shall annually on the thirty-first day of December, or within ten days thereafter, make in duplicate an inventory of all the public personal property. School employees designated by the school board shall make such inventory annually by June thirtieth and file it as provided in §5-24-3. Source: SDC 1939, §48.0501; SL 1961, ch 257; SL 1970, ch 41; SL 1975, ch 61, §1; SL 1977, ch 54, §1; SL 1983, ch 36, §1; SL 2001, ch 31, §1.
SD Codified L § 5-24-1.1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-1.1 - Inventory of state personal property required.

5-24-1.1. Inventory of state personal property required.Officers and employees of each state institution and department are required to maintain an inventory of all public personal property in the manner prescribed by rule by the commissioner of the Bureau of Administration. Source: SL 1977, ch 54, §2; SL 1984, ch 30, §78.
SD Codified L § 5-24-2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-2 - Cost or value to be shown in inventory--Filing.

5-24-2. Cost or value to be shown in inventory--Filing.The inventories required by §§5-24-1 and 5-24-1.1 shall show the actual cost for each item, or the estimated cost at the time of acquisition, if the actual cost cannot be ascertained. In the case of gifts, the estimated fair market value at the time of acquisition shall be used. The officer or employee shall retain one copy of the inventory in the officer's or employee's office. The others shall be filed as provided in §§5-24-1.1 and 5-24-3. Source: SL 1903, ch 220, §§1 to 3; SL 1913, ch 293, §1; RC 1919, §7048; SDC 1939, §48.0501; SL 1975, ch 61, §2; SL 1977, ch 54, §3; SL 1983, ch 36, §2; SL 1984, ch 30, §79; SL 2011, ch 2, §87.
SD Codified L § 5-24-3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-3 - Place of filing of duplicate inventories.

5-24-3. Place of filing of duplicate inventories.All officers in state educational institutions shall file one copy of the annual inventory with the secretary of the Board of Regents, and one copy with the commissioner of the Bureau of Administration. All county officers and employees shall file one copy of the annual inventory with the county auditor. All municipal officers and employees shall file one copy of the annual inventory with the city auditor, finance officer, or town clerk of their respective municipalities. All township officers and employees shall file one copy of the annual inventory with the clerks of their respective townships. All school employees shall file one copy of the annual inventory with the business manager. Source: SL 1903, ch 220, §§1 to 3; SL 1913, ch 293, §1; RC 1919, §7048; SDC 1939, §48.0501; SL 1975, ch 61, §3; SL 1983, ch 36, §3; SL 1984, ch 30, §80.
SD Codified L § 5-24-4 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-4 - Purchased property to be noted in inventory report.

5-24-4. Purchased property to be noted in inventory report.When any personal property is purchased by the state or any county, municipality, township, or school district, to be utilized in pursuance of the duties of the office for which supplied, a note shall at once be made of its purchase and receipt in the inventory report for that year. Source: SL 1913, ch 293, §6; RC 1919, §7053; SDC 1939, §48.0504; SL 1977, ch 54, §4; SL 1992, ch 60, §2.
SD Codified L § 5-24-5 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-5 - Lost or destroyed property to be noted in inventory--Date and circumstances shown.

5-24-5. Lost or destroyed property to be noted in inventory--Date and circumstances shown.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.
SD Codified L § 5-24-6 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-6 - Civil liability of officer for failure to account for property.

5-24-6. Civil liability of officer for failure to account for property.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.
SD Codified L § 5-24-7 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-7 - Delivery of public property to successor in office--Receipt.

5-24-7. Delivery of public property to successor in office--Receipt.Each officer enumerated in §5-24-1, shall turn over all the public personal property in the officer's possession to the officer's successor in office. Each officer shall take the receipt of the officer's successor for all property requiring inventory, as defined in rules promulgated by the commissioner of the Bureau of Administration. The officer shall file any receipt in the offices where the officer is, by this chapter, required to file the inventory of the personal property in the officer's possession.Each officer enumerated in §5-24-1 shall, upon assuming office, give a receipt to his or her predecessor for all public personal property requiring inventory, as defined in rules promulgated by the commissioner of the Bureau of Administration, turned over to the officer. Source: SL 1913, ch 293, §7; RC 1919, §7054; SDC 1939, §48.0505; SL 1975, ch 61, §4; SL 2011, ch 2, §90.
SD Codified L § 5-24-8 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-8 - Failure to account for public property as misdemeanor.

5-24-8. Failure to account for public property as misdemeanor.Any officer who fails to comply with any of the provisions of §§5-24-1 to 5-24-7, inclusive, is guilty of a Class 2 misdemeanor. Source: SL 1913, ch 293, §8; RC 1919, §7055; SDC 1939, §48.9902; SL 1980, ch 24, §75; SL 2011, ch 2, §91.
SD Codified L § 5-24-12 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-12 - Acceptance of gifts to state--Actions for recovery.

5-24-12. Acceptance of gifts to state--Actions for recovery.Whenever any grant, devise, bequest, donation, or gift, or assignment of money, or chose in action, of any property, real or personal, is made to this state, the Governor shall receive the gift, the title thereto shall pass to the state, and the state may, if necessary, commence proceedings for the recovery of such property. However, if such gift is subject to any preexisting condition or contractual obligation, the Governor shall receive it only after determining that it is the best interest of the state to do so. A gift may be received subject to a preexisting condition or contractual obligation which it would be otherwise illegal to impose on state property if the property were already in the possession of the state. Source: SDC 1939, §55.1102; SL 1949, ch 216; SL 1977, ch 54, §7; SL 1996, ch 46.
SD Codified L § 5-24-13 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-13 - Acceptance and distribution of federal surplus property--Records.

5-24-13. Acceptance and distribution of federal surplus property--Records.The commissioner of administration shall cooperate with the United States government, the general services administration, or any other duly constituted federal agency, by expending moneys and accepting federal surplus commodities and property for care, exchange, and distribution of them to all eligible institutions. The commissioner of administration shall appoint an administrator who shall keep and maintain an accurate record of all property received and distributed. The record is subject to audit by the Department of Legislative Audit. Source: SL 1953, ch 286; SL 1959, ch 292, §3; SDC Supp 1960, §55.1110; SL 1975, ch 62, §1; SL 1976, ch 62; SL 2011, ch 2, §94.
SD Codified L § 5-24-14 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-14 - Property management internal service fund.

5-24-14. Property management internal service fund.There is hereby created in the state treasury a property management internal service fund. The commissioner of administration shall apportion all expenses incurred in the administration and operation of the property management program to all state departments, agencies, and institutions utilizing such program. All payments received by the Bureau of Administration pursuant to this section shall be deposited in the property management internal service fund. Source: SL 1992, ch 47, §3.
SD Codified L § 5-24-15 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24 - Receipt, Care And Accounting For Public Property|Section 5-24-15 - Transfer of property from Homestake Mining Company authorized.

5-24-15. Transfer of property from Homestake Mining Company authorized.The Governor, pursuant to §5-24-12, may accept, on behalf of the State of South Dakota, the transfer of any property or equipment from the Homestake Mining Company. Source: SL 2001, ch 33, §1.
SD Codified L § 5-24A-1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24A - Disposal Of State Surplus Property|Section 5-24A-1 - Definition of terms.

5-24A-1. Definition of terms.Terms used in this chapter mean:(1)"Administrator," the director of property management for the Bureau of 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 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.
SD Codified L § 5-24A-2 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24A - Disposal Of State Surplus Property|Section 5-24A-2 - Disposition of surplus property by Bureau of Administration.

5-24A-2. Disposition of surplus property by Bureau of Administration.The Bureau of Administration is responsible for the disposition of all surplus property for all state agencies. No state agency may dispose of surplus property without the written authorization of the bureau which may be in electronic format. Source: SL 2008, ch 32, §2.
SD Codified L § 5-24A-3 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 24A - Disposal Of State Surplus Property|Section 5-24A-3 - Declaration of surplus property required for disposition.

5-24A-3. Declaration of surplus property required for disposition.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.