reglab/housing_qa huggingface dataset:
SD Codified L § 1-16A-85 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-85 - Pool arrangement defined.

1-16A-85. Pool arrangement defined.For the purposes of §§1-16A-85 to 1-16A-88, inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, by which one or more public agencies have provided for the payment of claims, liabilities, or other expenses or otherwise provided for or obtain coverage for property, personal injury, and workers' compensation claims or group life, health, or accident coverage. Source: SL 1991, ch 11, §8.
SD Codified L § 1-16A-86 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-86 - Authority as funding authority for pool arrangement.

1-16A-86. Authority as funding authority for pool arrangement.The authority is hereby authorized as a funding authority for any pool arrangement. To implement this authorization, the authority may establish a program for, or issue and assist others in the issuance of, revenue bonds, certificates of participation or any other instruments to accomplish any objective of any such pool arrangement, including capitalization of the pool, provision of excess claims funds or assisting in other funding objectives. The authority may exercise any or all powers enumerated in this chapter, including the establishment of a program for, or the issuance of, revenue bonds, certificates of participation or other instruments to provide funding for any purpose of a pool arrangement. Source: SL 1991, ch 11, §9.
SD Codified L § 1-16A-87 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-87 - Program for issuance of bonds or certificates of participation that constitute debt of participating agencies--Secured for payment by proceeds of irrepealable tax levies.

1-16A-87. Program for issuance of bonds or certificates of participation that constitute debt of participating agencies--Secured for payment by proceeds of irrepealable tax levies.In addition to the authorization granted by §1-16A-86, the authority may establish a program for, or issue or assist others in the issuance of, bonds, certificates of participation or other instruments that directly or indirectly constitute a debt or other obligation of one or more participating public agencies and which may be secured directly or indirectly by the proceeds of irrepealable tax levies of the participating public agencies. Source: SL 1991, ch 11, §11.
SD Codified L § 1-16A-88 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-88 - Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies.

1-16A-88. Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies.Any revenue bond, certificate of participation or other instrument which is not directly or indirectly secured for payment of principal and interest by the proceeds of irrepealable tax levies shall state on its face that it is not secured for payment by irrepealable tax levies of the state or any political subdivision, that it is payable only out of certain specified funds or revenues therein described and that it does not constitute a debt or liability of the state or any political subdivision. Source: SL 1991, ch 11, §12.
SD Codified L § 1-16A-89 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-89 - Credit enhancement obligation--Conditions.

1-16A-89. Credit enhancement obligation--Conditions.No credit enhancement obligation is valid unless the authority adopts a resolution which finds and determines the following:(1)The bonds or other obligations to be secured by such credit enhancement obligation are to be issued for the purpose of financing or refinancing property, real or personal, or related costs incurred by a health institution which owns or operates a hospital which presently provides or intends to provide hospital services to all or a portion of the residents of the municipality or county which is proposing to issue the credit enhancement obligation;(2)The participating health institution which is obligated to make payments in amounts and at the times required to repay the bonds or other obligations to be secured by the credit enhancement obligation are reasonably expected to have sufficient funds available for such purposes;(3)The credit enhancement obligation and any bonds or other obligations to be issued by the authority, municipality or county in connection therewith do not contain provisions which will require credit enhancement obligation payments by the municipality or county in any fiscal year of the municipality or county prior to the year in which a principal payment, sinking fund installment or comparable redemption payment amount is otherwise scheduled to become due; and(4)If deemed advisable by the authority, the participating health institution shall agree to one or more financial or operational covenants which, if not complied with, may result in the authority or a financial institution requiring the participating health institution to take certain actions including, without limitation, the retaining of an independent consultant to study the operations of the participating health institution and recommend improvements therein. Source: SL 1992, ch 3, §2.
SD Codified L § 1-16A-90 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-90 - Agreements with other entities involving credit enhancement obligations.

1-16A-90. Agreements with other entities involving credit enhancement obligations.In connection with any loan to, lease with, or other financing agreement for the benefit of a participating health institution, the authority may enter into any agreements it deems necessary or appropriate with the participating health institution, any municipality or county, any financial institution and others. In connection therewith, the authority may pledge any of its rights, title, and interests in, to and under any credit enhancement obligation for the purpose of securing repayment of bonds or other obligations issued to finance or refinance the costs of property, real or personal, and related costs incurred by a participating health institution which owns or operates a hospital which presently provides or intends to provide services to all or a portion of the residents of the municipality or county which issues such credit enhancement obligation. Source: SL 1992, ch 3, §3.
SD Codified L § 1-16A-91 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-91 - Issued indebtedness for accounts receivable program.

1-16A-91. Issued indebtedness for accounts receivable program.The authority may participate in and issue bonds and other forms of indebtedness for the purpose of establishing and maintaining an accounts receivable program on behalf of one or more participating health institutions. Such bonds and other evidences of indebtedness shall be issued payable from the revenues derived from the accounts receivable, and any other provisions of this chapter to the contrary notwithstanding, such bonds and other evidences of indebtedness may be issued with or without recourse to the participating health institution or institutions from which the accounts receivable are purchased. Source: SL 1994, ch 8, §4.
SD Codified L § 1-16A-92 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-92 - Authority may contract to manage payment or interest rate risk for bonds.

1-16A-92. Authority may contract to manage payment or interest rate risk for bonds.The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rate exchange agreements; contracts providing for payment or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows or series of payments; or contracts incorporating interest rate caps, collars, floors, or locks. Source: SL 2003, ch 10, §1.
SD Codified L § 1-16A-93 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-93 - Proposed issuance of obligations--Determination of board.

1-16A-93. Proposed issuance of obligations--Determination of board.Any bonds, notes or other obligations of the authority that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A may only be issued if the Board of Technical Education determines, by the adoption of a resolution, that the estimated receipts, rentals, and other payments, including appropriations by the Legislature, student fee payments, or other balances or revenues pledged under the applicable bond indenture or similar agreement will not be less than one hundred three percent of the projected scheduled payments of principal and interest on all outstanding bonds which, for purposes of that determination shall include the proposed bonds to be issued and shall exclude any bonds to be refunded. Proposed issuance of obligations must comply with §§4-7-46 and 4-7-47. In issuing additional bonds, the authority may conclusively rely upon the determination of the board. Source: SL 2013, ch 6, §1; SL 2015, ch 6, §1; SL 2017, ch 81, §48; SL 2020, ch 61, § 29.
SD Codified L § 1-16A-94 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-94 - Promulgation of rules establishing forecasting methodology.

1-16A-94. Promulgation of rules establishing forecasting methodology.The South Dakota Board of Technical Education shall promulgate rules pursuant to chapter 1-26 establishing a methodology for forecasting anticipated contributions from student tuition and fees and additional state appropriations available pursuant to a lease purchase agreement to meet the projected scheduled payments of principal and interest on all outstanding bonds and other benchmarks. Source: SL 2013, ch 6, §2; SL 2017, ch 81, §49.
SD Codified L § 1-16A-95 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-95 - Issuance of additional obligations--Legislative approval.

1-16A-95. Issuance of additional obligations--Legislative approval.The issuance of any additional bonds, notes, or other obligations of the authority that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A shall be approved by the Legislature before issuance. The board shall approve the issuance of additional bonds, notes, or other obligations prior to issuance. The Legislature in accordance with §§1-16A-93 and 1-16A-94 and applicable administrative rules shall consider the board's analysis prior to authorizing any additional bonds, notes, or other obligations. The requirement, however, for approval by the Legislature before issuance does not apply to the issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other obligations. Source: SL 2013, ch 6, §3; SL 2014, ch 93, §12, eff. Mar. 28, 2014; SL 2015, ch 6, §2; SL 2017, ch 81, §50; SL 2018, ch 9, §1; SL 2020, ch 61, § 30.
SD Codified L § 1-16A-96 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-96 - Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified.

1-16A-96. Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified.Any lease payments made to the authority pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A shall be paid in part from an appropriation to be made by the Legislature in an amount that is equal to twenty-seven percent of the current year lease purchase agreement payments.No provision of chapter 81 of the 2017 Session Laws adversely affects any of the covenants or other agreements of the South Dakota Board of Education or the secretary of education in the lease purchase agreement with the authority dated August 1, 1988, as amended and supplemented, for the benefit of the holders of any bonds issued by the authority, and such covenants and agreements in the lease purchase agreement dated August 1, 1988, as amended and supplemented, are hereby ratified and confirmed. Source: SL 2013, ch 6, §6; SL 2015, ch 6, §3; SL 2016, ch 109, §17; SL 2017, ch 81, §51; SL 2020, ch 61, § 31.
SD Codified L § 1-16A-97 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-97 - Procedures to facilitate school district issuance of capital outlay certificates and terms for lease purchase agreements secured by pledge of state aid to education funds.

1-16A-97. Procedures to facilitate school district issuance of capital outlay certificates and terms for lease purchase agreements secured by pledge of state aid to education funds.The authority is authorized to establish policies and procedures, in coordination with the Bureau of Finance and Management, which shall facilitate the issuance by school districts of capital outlay certificates, and the establishment of terms for lease purchase agreements that are secured by a pledge of state aid to education funds as provided in §§13-19-27 and 13-19-29. The authority may enter into agreements with school districts, paying agents, trustees, and the state to implement the provisions of the program. The authority may provide other arrangements and procedures for determining the minimum requirements and related terms and conditions applicable to the pledge of state aid to education funds and the applicable contractual provisions for providing notice and implementing the pledge and payments consistent with §§13-19-27, 13-19-29, and 13-13-39. Source: SL 2015, ch 90, §5.
SD Codified L § 1-16A-98 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-98 - State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education.

1-16A-98. State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education.No capital outlay certificate issued or lease purchase agreement entered into as part of a program sponsored by the authority or secured by a pledge of state aid to education funds may be or become a lien, charge, or liability against the state or the authority, nor against the property or funds of the state or the authority within the meaning of the Constitution or laws of South Dakota. Source: SL 2015, ch 90, §7.
SD Codified L § 1-16A-99 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16A - Health And Educational Facilities Authority|Section 1-16A-99 - Contracts made by school district, state, or authority not to be impaired.

1-16A-99. Contracts made by school district, state, or authority not to be impaired.The state pledges to and agrees with the holders of capital outlay certificates issued or any lease purchase agreement as part of a program sponsored by the Health and Educational Facilities Authority or secured by a pledge of state aid to education funds that the state will not limit or alter the pledge of state aid to education funds or the provision of this section governing the pledge or the terms provided in §§13-19-27, 13-19-29, and 13-13-39, inclusive, so as to impair the terms of any contract made by the school district, the state, or the authority. The school district, state, or authority may not impair the rights and remedies of the holders until the capital outlay certificates or lease purchase obligation, together with interest on the certificates and obligations and all costs and expenses in connection with any action or proceedings by or on behalf of the holders are fully met or discharged. In addition, the state pledges to and agrees with the holders that the state may not limit or alter the basis on which state aid to education funds pledged under the authority of any provision of §§1-16A-76, 1-16A-97 to 1-16A-99, inclusive, 13-19-27, 13-19-29, 13-13-39, and 13-13-74 are to be paid to the authority or any financial institution designated by the authority so as to impair the terms of the contract. The school district and authority may include the pledges and agreements of the state in any contract with the holders of capital outlay certificates issued or any lease purchase obligation secured pursuant to §§13-19-27, 13-19-29, and 13-13-39, inclusive, or otherwise secured by a pledge of state aid to education funds. Source: SL 2015, ch 90, §8.
SD Codified L § 1-16B-7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16B - Economic Development Finance Authority|Section 1-16B-7 - Finance authority created.

1-16B-7. Finance authority created.There is hereby created a body corporate and politic to be known as the South Dakota Economic Development Finance Authority. Source: SL 1978, ch 9, §2.
SD Codified L § 1-16B-8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16B - Economic Development Finance Authority|Section 1-16B-8 - Board of directors--Appointment of members.

1-16B-8. Board of directors--Appointment of members.The board of directors of the authority consists of seven members. The Governor shall appoint seven members to the board for four-year staggered terms. No more than five members of the board may be members of the same political party. Source: SL 1978, ch 9, §§3, 39; SL 1982, ch 17, §32; SL 1986, ch 14, §6; SL 1987, ch 16, §2; SL 2009, ch 6, §1.
SD Codified L § 1-16B-9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16B - Economic Development Finance Authority|Section 1-16B-9 - Quorum of board--Action by majority present.

1-16B-9. Quorum of board--Action by majority present.A majority of the members constitutes a quorum of the board of directors for the purpose of organizing the authority and conducting business. Except when passing upon loan applications, any action may be taken by a vote of a majority of the members present, unless the rules of the board require a larger number. Source: SL 1978, ch 9, §6.
SD Codified L § 1-16B-10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16B - Economic Development Finance Authority|Section 1-16B-10 - Commissioner as chief administrative officer.

1-16B-10. Commissioner as chief administrative officer.The commissioner of the Governor's Office of Economic Development shall serve as the chief administrative officer and direct and supervise the administration and technical affairs of the authority. Source: SL 1978, ch 9, §4; SL 1982, ch 17, §33; SL 1987, ch 16, §3; SL 2005, ch 10, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §84, eff. Apr. 12, 2011.
SD Codified L § 1-16B-11 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16B - Economic Development Finance Authority|Section 1-16B-11 - Staff services to authority--Funds from which expenses paid.

1-16B-11. Staff services to authority--Funds from which expenses paid.All staff services required by the South Dakota Economic Development Finance Authority shall be provided by the Governor's Office of Economic Development, and all expenses incurred in carrying on the work of the authority, including the per diem and travel expenses of the authority board, payment of bond premiums which may be required of its officers and members, and any other items of expense, shall be paid out of funds appropriated or otherwise made available to the Governor's Office of Economic Development. Source: SL 1978, ch 9, §34; SL 1982, ch 17, §34; SL 1987, ch 16, §4.
SD Codified L § 1-16B-12 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16B - Economic Development Finance Authority|Section 1-16B-12 - Transfer of income from capital reserve fund to a general account--Continuous appropriation for purposes of chapter.

1-16B-12. Transfer of income from capital reserve fund to a general account--Continuous appropriation for purposes of chapter.The Economic Development Finance Authority may authorize a trustee to transfer any income from the capital reserve fund to a general account also in the custody of a trustee. The money in the authority's accounts is hereby continuously appropriated to the authority to carry out the purposes of this chapter. Source: SL 1978, ch 9, §37; SL 1994, ch 12.
SD Codified L § 1-16B-14.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16B - Economic Development Finance Authority|Section 1-16B-14.1 - Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.

1-16B-14.1. Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.Any documentary material or data made or received by the Economic Development Finance Authority for the purpose of furnishing assistance to a business, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, may not be considered public records, and shall be exempt from disclosure. Any discussion or consideration of such trade secrets or commercial or financial information may be held by the Economic Development Finance Authority in executive session. Source: SL 1988, ch. 17, §5.
SD Codified L § 1-16B-15 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 16B - Economic Development Finance Authority|Section 1-16B-15 - Power to issue notes and bonds--Maximum outstanding.

1-16B-15. Power to issue notes and bonds--Maximum outstanding.The authority may issue negotiable notes and bonds in such principal amounts as it shall determine to be necessary to provide sufficient funds for achieving any of its corporate purposes. The total outstanding amount of such notes and bonds may not exceed three hundred million dollars at any time. Source: SL 1978, ch 9, §9; SL 1986, ch 14, §7; SL 1990, ch 11, §5; SL 1991, ch 8.