reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 09 - Tax Increment Financing Districts › Section 11-9-44 - Notice to purchaser or lessee and surety of noncompliance with contract--Taking possession of work site.

11-9-44. Notice to purchaser or lessee and surety of noncompliance with contract--Taking possession of work site.
If the governing body finds that the redevelopment is not being carried out or maintained in accordance with the contract terms and conditions, or there is a failure to perform the work with diligence, or to assume the work's completion on time, the governing body shall notify the purchaser or lessee and the surety in writing of the noncompliance. Unless the purchaser or lessee complies with the terms of the agreement within twenty days from the date of the notice, the governing body may take over the work and may cause the work to be done, and the cost of the work shall be paid by the surety. The governing body may take possession of the site of the work and utilize in completion of the work the materials, appliances, and plant on the site of the work and necessary to complete the work.
Source:
SL 1978, ch 91, §9; SL 2018, ch 70, §43.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 09 - Tax Increment Financing Districts › Section 11-9-45 - Disposition of funds remaining after payment of project costs and bonds.

11-9-45. Disposition of funds remaining after payment of project costs and bonds.
After all project costs and all tax increment bonds of the district have been paid or provided for subject to any agreement with bondholders, any moneys remaining in the fund shall be paid to each taxing district in the amount belonging to each respectively, with due regard for what portion of the moneys, if any, represent tax increments not allocated to the municipality and what portion, if any, represents voluntary deposits of the municipality into the fund.
Source:
SL 1978, ch 91, §18; SL 2011, ch 73, §20; SL 2018, ch 70, §44.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 09 - Tax Increment Financing Districts › Section 11-9-46 - Termination of district.

11-9-46. Termination of district.
The existence of a district shall terminate when:
(1)Positive tax increments are no longer allocable to a district under §11-9-25; or
(2)The governing body, by resolution, dissolves the district, after payment or provision for payment of all project costs, grants, and all tax increment bonds of the district.
Source:
SL 1978, ch 91, §19; SL 1983, ch 37, §13; SL 2011, ch 73, §19; SL 2018, ch 70, §45.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 09 - Tax Increment Financing Districts › Section 11-9-48 - Reports of tax increment financing districts published on department website.

11-9-48. Reports of tax increment financing districts published on department website.
The department may publish annually on its website a report of each tax increment financing district in the state. Any municipality that has created a tax increment financing district shall provide the department with any information requested to compile the report.
Source:
SL 2018, ch 70, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-5 - New construction standards--Building code ordinance.

11-10-5. New construction standards--Building code ordinance.
If the governing body of any local unit of government adopts any ordinance prescribing standards for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building other than a residential structure as defined in §11-10-12, the ordinance shall comply with the 2021 edition of the International Building Code as published by the International Code Council, Incorporated. The governing body may amend, modify, or delete any portion of the International Building Code before enacting such an ordinance. Additional deletions, modifications, and amendments to the municipal ordinance may be made by the governing body and are effective upon their adoption and filing with the municipal finance officer. Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body, and are effective upon their adoption and filing with the county auditor. No ordinance may apply to mobile or manufactured homes as defined in chapter 32-7A that are constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction. No ordinance may require that any fire sprinkler be installed in a single family dwelling. No ordinance may apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2021 edition of the International Building Code.
Source: SL 1986, ch 112, §1; SL 1993, ch 107; SL 1995, ch 81, §2; SL 1998, ch 77, §1; SL 2001, ch 47, §3; SL 2004, ch 104, §1; SL 2007, ch 72, §1; SL 2010, ch 73, §1; SL 2012, ch 77, §1; SL 2015, ch 73, §1; SL 2018, ch 71, §1; SL 2021, ch 59, §1; SL 2022, ch 35, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-6 - New construction standards--No building code ordinance.

11-10-6. New construction standards--No building code ordinance.
The design standard for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building commenced after July 1, 2021, within the boundaries of any local unit of government that has not adopted an ordinance prescribing such standards pursuant to §11-10-5 shall be based on the 2021 edition of the International Building Code as published by the International Code Council, Incorporated. Each local unit of government may adopt an ordinance allowing local administration and enforcement of the design standard. The provisions of this section do not apply to any residential structure as defined in §11-10-12, mobile or manufactured home, or farmstead and any accessory structure or building thereto. For purposes of this section the term, farmstead, means a farm or ranch, including any structure or building located on the land. The provisions of this section do not apply to any mobile or manufactured home as defined in chapter 32-7A that is used for purposes other than residential that is constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction if the structure complies with applicable accessibility standards for the occupancy intended. The provisions of this section do not apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2021 edition of the International Building Code.
Source: SL 2009, ch 62, §1; SL 2010, ch 73, §2; SL 2012, ch 77, §2; SL 2015, ch 73, §2; SL 2018, ch 71, §2; SL 2021, ch 59, §2; SL 2022, ch 35, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-7 - Energy conservation code adopted as voluntary standard for new residential buildings.

11-10-7. Energy conservation code adopted as voluntary standard for new residential buildings.
The State of South Dakota hereby adopts the International Energy Conservation Code of 2009, published by the International Code Council, as the voluntary standard applying to the construction of new residential buildings in the state.
Source:
SL 2009, ch 63, §1; SL 2011, ch 72, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-8 - Disclosure of information regarding energy efficiency of residential building to buyer or prospective buyer--Time for providing form.

11-10-8. Disclosure of information regarding energy efficiency of residential building to buyer or prospective buyer--Time for providing form.
Except as provided by §11-10-9, any person building or selling a previously unoccupied new residential building which is a single-family or multifamily unit of four units or less shall disclose to the buyer or prospective buyer information regarding the energy efficiency of the residential building. The completed disclosure form shall be provided prior to the signing of the contract to purchase and prior to closing if changes have occurred or are requested, and at any other time upon request. For new residential buildings that are completed and suitable for occupancy but unsold, the completed disclosure form shall be made available to the buyer or prospective buyer by the builder or seller when the residence is shown and at any other time upon request. The disclosure shall be made on a form prepared and disseminated by the South Dakota Real Estate Commission.
Source:
SL 2009, ch 63, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-9 - Alternative disclosure of information required by federal law.

11-10-9.Alternative disclosure of information required by federal law.
If the new residential building is subject to both the National Manufactured Housing Construction and the Safety Standards Act pursuant to the United States Code, title 42 section 5403 and the Federal Trade Commission regulation on labeling and advertising of home insulation pursuant to 16 C.F. R. section 460.16, both as in effect on January 1, 2009, the builder or seller may disclose, instead of the information required by §11-10-8, the information regarding the new residential building that is required to be disclosed pursuant to the federal act and regulation.
Source:
SL 2009, ch 63, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-10 - Builder's energy efficiency disclosure statement.

11-10-10. Builder's energy efficiency disclosure statement.
The disclosure form required in §11-10-8 shall read as follows:
BUILDER'S ENERGY EFFICIENCY DISCLOSURE STATEMENT
Builder ______________________________________________________
Property Address ______________________________________________
______________________________________________
This Disclosure Statement concerns the real property identified above situated in the City of _______________ County of ____________, State of South Dakota.
Part 1. Builder shall provide the following information about the new residential building:
1. Has this new residential building been built or will it be built to meet the energy efficiency standards of the International Energy Conservation Code of 2009 (IECC 2009)?
Yes ______ No ______
2. Has this new residential building received or will it receive any other energy efficient certification?
Yes ______ No ______
If yes, which certification(s): ______________________________________
Part 2. Builder shall describe the following energy efficiency elements of the new residential building:
Actual
2009 IECC*
2009 IECC*
Value
Zone 5
Zone 6
Wall Insulation R-Value
________
R-20 (or R-13
R-20 (or R-13
cavity + R-5 insulated
cavity + R-5 insulated
sheathing)
sheathing)
Attic Insulation R-Value
________
R-38
R-49
Foundation Insulation R-Value
Basement Walls
________
R-10/13**
R-15-19**
Crawlspace Walls
________
R-10/13**
R-10/13**
Slab-on-Grade
________
R-10, 2 ft. depth
R-10, 4 ft. depth
Floors over Unheated Spaces
________
R-30
R-30
Window U-Value
________
0.35
0.35
Door U-Value
________
0.35***
0.35***
Part 3. Builder shall provide the following information about equipment:
1. Does the new residential building contain an Energy Star certified:
a. Water heater?
Yes ______ No ______
b. Heating system (furnace, heat pump, or other)?
Yes ______ No ______
c. Cooling system (air conditioner, heat pump, or other)?
Yes ______ No ______
Part 4. Builder's Notes and Comments:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
*IECC stands for International Energy Conservation Code.
**The first R-Value applies to continuous insulation; the second to framing cavity insulation.
***One opaque door per building is exempt from this requirement.
Source:
SL 2009, ch 63, §4; SL 2011, ch 72, §6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-11 - Property maintenance--Local ordinance--Required standards--Modifications.

11-10-11. Property maintenance--Local ordinance--Required standards--Modifications.
If the governing body of any local unit of government adopts any ordinance prescribing standards for maintenance of existing structures and premises, the ordinance shall comply with the 2021 edition of the International Property Maintenance Code as published by the International Code Council, Incorporated. The governing body may amend, modify, or delete any portion of the International Property Maintenance Code before enacting such an ordinance. Additional deletions, modifications, and amendments to the municipal ordinance may be made by the governing body and are effective upon their adoption and filing with the municipal finance officer. Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body, and are effective upon their adoption and filing with the county auditor. However, no ordinance may impose standards that conflict with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction for manufactured homes as defined in chapter 32-7A.
Source:
SL 2014, ch 68, §1; SL 2015, ch 73, §3; SL 2018, ch 71, §3; SL 2021, ch 59, § 3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-12 - Enactment of standards of International Residential Code--Sprinkler system--Not Required.

11-10-12. Enactment of standards of International Residential Code--Sprinkler system--Not Required.
The governing body of a municipality may enact requirements for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of a residential structure by adopting the 2021 edition of the International Residential Code, as published by the International Code Council, Incorporated. The governing body may, at any time, amend any provision of the International Residential Code. The governing body may not require the installation of a sprinkler system in a residential structure or impose any requirements that are more stringent than the requirements in the 2021 edition of the International Residential Code. For purposes of this section, the term, residential structure, means a detached one-family or two-family dwelling, and townhouses not more than three stories in height with a separate means of egress and their accessory structures.
Source: SL 2022, ch 35, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-13 - Commission of building codes--Establishment--Membership.

11-10-13. Commission of building codes--Establishment--Membership.
Beginning in the year 2024, and every three years thereafter, the Board of Technical Professions created under §36-18A-14 shall convene a workgroup to review the latest edition of the model national codes referenced in this chapter. The workgroup shall consist of two local building code officials, one person engaged in the business of constructing multi-family housing, one person engaged in the business of constructing single-family housing, one person engaged in the business of constructing commercial buildings, one licensed architect, and one licensed professional engineer. The workgroup shall identify any significant revisions to the current edition of each model code and evaluate the impact of the revisions on quality, safety, and cost of construction in the state. The workgroup may recommend amendments to this chapter, including updates to the current edition of any model code referenced in this chapter and alternatives and exceptions to such codes. The workgroup shall report its findings and recommendations to the Board of Technical Professions within six months from the date of the workgroup’s first meeting, and the Board shall publish the report on its website. The workgroup shall dissolve and cease to exist upon the completion of its report to the Board.
Source: SL 2022, ch 35, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 10 - Building Codes And Standards › Section 11-10-14 - Use of acceptable refrigerant permitted--Qualification.

11-10-14. Use of acceptable refrigerant permitted--Qualification.
Notwithstanding any law, regulation, or ordinance to the contrary, the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. §7671k, as amended and in effect on January 1, 2023, is permitted, provided any equipment containing the refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to the designation.
Source: SL 2023, ch 40, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-1 - Legislative findings.

11-11-1. Legislative findings.
It is hereby declared:
(1)That there exists within this state a serious shortage of sanitary, decent, and safe residential housing at prices or rentals which people of the state can afford; that this shortage has contributed to and will contribute to the creation and persistence of slums, blight, and substandard housing; that this shortage has been a major contributing factor to the deterioration of the quality of the environment and living conditions of large numbers of persons and families in this state and that this shortage is inimical to the health, welfare, and prosperity of the residents of this state;
(2)That it is imperative that the supply of residential housing for persons and families displaced by public actions or natural disaster be increased;
(3)That individual communities are often unable to meet local housing needs;
(4)That private enterprise and investment have been unable, without assistance, to produce the needed new construction or rehabilitation of sanitary, decent, and safe residential housing and to provide sufficient long-term mortgage financing for this purpose and for the purchase of existing residential housing by persons and families entering the housing market, when it becomes available;
(5)That private enterprise and investment be encouraged both to sponsor land development and build and rehabilitate residential housing and that private financing be supplemented by financing as provided in this chapter for the construction, rehabilitation, and purchase of such housing, in order to help prevent the creation and recurrence of slum conditions and substandard housing and to assist in their permanent elimination throughout South Dakota;
(6)That it is to the economic benefit of the state to encourage the availability of adequate housing for all levels of society;
(7)That there exists within this state a serious shortage of facilities providing for the group care and supervision of children, physically or mentally impaired adults and aged adults for short periods of time as a supplement to regular parental or other care at prices which people of the state can afford; that the shortage of such facilities has hindered job creation and the economic development of the state; that private enterprise and investment have been unable, without assistance, to produce the construction and rehabilitation of such facilities at affordable prices for the people of the state and provide the necessary financing at affordable rates; and that it is to the economic benefit of the state to facilitate such construction, rehabilitation, and financing.
Source:
SL 1973, ch 180, §1; SDCL Supp, §28-19-1; SL 1983, ch 106, §4A; SL 1995, ch 80, §7.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-2 - Declaration of necessity for development authority.

11-11-2. Declaration of necessity for development authority.
It is further declared that in order to provide a fully adequate supply of sanitary, decent and safe accommodations at rental or carrying charges which such persons or families can afford, and a fully adequate supply of day-care facilities providing services at affordable prices, the Legislature finds that it is necessary to create and establish a State Housing Development Authority for the purpose of encouraging the investment of private capital and stimulating the construction, rehabilitation, and purchase of residential housing to meet the needs of all persons and families through the use of public financing, including, without limitation, public construction, public loans, public purchase of mortgages, and otherwise.
Source:
SL 1973, ch 180, §1; SDCL Supp, §28-19-2; SL 1983, ch 106, §4B; SL 1995, ch 80, §8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-3 - Powers necessary for development authority.

11-11-3. Powers necessary for development authority.
It is hereby further declared to be necessary and in the public interest:
(1)That such State Housing Development Authority provide for predevelopment costs, temporary financing, land development expenses, and residential housing construction or rehabilitation by public and private sponsors for sale or rental or other authorized use;
(2)To provide mortgage and other financing for construction, rehabilitation, and purchase of residential housing;
(3)To provide technical, consultative, and project assistance services to communities and to public and private sponsors;
(4)To increase the construction and rehabilitation and facilitate the purchase of housing through the purchase from financial institutions of first mortgage loans for residential housing or the making of loans to financial institutions to permit them to fund such mortgage loans for persons and families in this state;
(5)To assist in coordinating federal, state, regional, and local public and private efforts and resources, together with statewide housing planning, to otherwise increase the supply of such residential housing;
(6)To guarantee to the extent provided herein the repayment of certain loans secured by residential mortgages; and
(7)To promote wise usage of land and other resources in order to preserve the quality of life in South Dakota.
Source:
SL 1973, ch 180, §1; SDCL Supp, §28-19-3; SL 1983, ch 106, §4C; SL 1995, ch 80, §9.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-4 - Declaration of public purposes and public interest.

11-11-4. Declaration of public purposes and public interest.
It is hereby further declared that all of the purposes mentioned in §§11-11-2 and 11-11-3 are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, or granted, and that such activities serve a public purpose in improving or otherwise benefitting the people of this state; that enacting the provisions set forth in this chapter is in the public interest and is authorized by S.D. Const., Art. XIII, §17, and this is hereby so declared as a matter of express legislative determination.
Source:
SL 1973, ch 180, §1; SDCL Supp, §28-19-4; SL 1983, ch 106, §4D.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-6 - Developments and projects subject to chapter.

11-11-6. Developments and projects subject to chapter.
As used in this chapter, housing development, or, housing project, means any work or undertaking, whether new construction or rehabilitation, including single family and multifamily residential housing, which is designed and financed pursuant to the provisions of this chapter for the primary purpose of providing sanitary, decent, and safe dwelling accommodations for persons and families in need of housing and further including day-care facilities. Such undertaking may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable in connection therewith, such as sewers, utilities, streets, parks, site preparation, landscaping and such stores, offices, and other nonhousing facilities such as administrative, community, health, recreational, educational, and welfare facilities as the authority determines to be necessary, convenient, or desirable.
Source:
SL 1973, ch 180, §2 (6); SDCL Supp, §28-19-6; SL 1983, ch 106, §4F; SL 1995, ch 80, §11; SL 2012, ch 78, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-7 - Sponsors eligible under chapter.

11-11-7. Sponsors eligible under chapter.
As used in this chapter, housing sponsor, or, sponsor, means individuals, joint ventures, partnerships, limited partnerships, trusts, firms, associations, governmental agencies, or other legal entities or any combination thereof, corporations, cooperatives, and condominiums, approved by the authority as qualified either to own, construct, acquire, rehabilitate, operate, manage, or maintain a housing development or housing project, whether for profit, nonprofit, or organized for limited profit subject to the regulatory powers of the authority and other terms and conditions set forth in this chapter.
Source:
SL 1973, ch 180, §2 (8); SDCL Supp, §28-19-7; SL 1995, ch 80, §12; SL 2012, ch 78, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-9 - Costs covered by chapter.

11-11-9. Costs covered by chapter.
As used in this chapter, unless the context otherwise requires, "housing development costs" means the sum total of all costs incurred in the development of a housing development or housing project which are approved by the authority as reasonable and necessary and which costs shall include, but are not necessarily limited to:
(1)Cost of land acquisition and any buildings thereon, including payments for options, deposits, or contracts to purchase properties on the proposed housing project or housing development site or payments for the purchase of such properties;
(2)Cost of site preparation, demolition, and development;
(3)Architectural, engineering, legal, accounting, authority, and other fees paid or payable in connection with the planning, execution, and financing of the housing development and the finding of an eligible mortgagee or mortgagees for such housing development;
(4)Costs of necessary studies, surveys, plans, and permits;
(5)Insurance, interest, financing, tax, and assessment costs and other operating and carrying costs during construction;
(6)Cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery, apparatus, and similar facilities related to the real property;
(7)Cost of land improvements, including without limitation, landscaping and offsite improvements, whether or not such costs have been paid in cash or in a form other than cash;
(8)Necessary expenses in connection with initial occupancy of the housing development or housing project;
(9)A reasonable profit and risk fee in addition to job overhead to the general contractor and if applicable, to a limited profit or limited dividend housing sponsor;
(10)An allowance established by the authority for working capital and contingency reserves, and reserves for any anticipated operating deficits during the first two years of occupancy; and
(11)The cost of such other items, including tenant relocation, as the authority shall determine to be reasonable and necessary for the development of the housing development or housing project, less any and all net rents and other net revenues received from the operation of the real and personal property on the development site during construction.
Source:
SL 1973, ch 180, §2 (7); SDCL Supp, §28-19-9.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-10 - Development authority established--Administrator of federal housing program.

11-11-10. Development authority established--Administrator of federal housing program.
There is hereby created and established a body politic and corporate with duties and powers as established in this chapter, to be known as the South Dakota Housing Development Authority to carry out the provisions of this chapter. The authority is hereby constituted an independent public instrumentality exercising essential public functions. Without limiting any other power or function of the authority established under this chapter, the authority shall be the sole, statewide designated state public housing agency authorized to administer the United States Department of Housing and Urban Renewal's Performance-Based Contract Administrator Program for the Administration of Project-Based Section 8 Housing Assistance Payments Contracts on a statewide basis throughout the state.
Source:
SL 1973, ch 180, §3; SDCL Supp, §28-19-10; SL 2017, ch 67, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-11 - Reporting to Governor's Office of Economic Development.

11-11-11. Reporting to Governor's Office of Economic Development.
The authority is attached to the Governor's Office of Economic Development for reporting purposes.
Source:
SL 1979, ch 351, §33; SDCL Supp, §28-19-10.1; SL 2003, ch 272 (Ex. Ord. 03-1), §50; SL 2011, ch 1 (Ex. Ord. 11-1), §95, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-12 - Appointment of commissioners--Political affiliations.

11-11-12. Appointment of commissioners--Political affiliations.
The powers of the authority shall be vested in seven commissioners, who shall be residents of the state, to be appointed by the Governor. Not more than four of the commissioners may be of the same political party.
Source:
SL 1973, ch 180, §4; SDCL Supp, §28-19-11; SL 1975, ch 186, §1; SL 1980, ch 204, §2; SL 2011, ch 74, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-13 - State officers and employees eligible as commissioners.

11-11-13. State officers and employees eligible as commissioners.
Notwithstanding the provisions of any other law, no officer or employee of this state shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on the authority or his service thereto.
Source:
SL 1973, ch 180, §7; SDCL Supp, §28-19-12.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-14 - Corporate officers and employees eligible as commissioners--Abstention on conflict of interests.

11-11-14. Corporate officers and employees eligible as commissioners--Abstention on conflict of interests.
Notwithstanding any other law to the contrary it shall not be or constitute a conflict of interest for a director, officer, or employee of any financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any other firm, person, or corporation to serve as a member of the authority, provided such trustee, director, officer, or employee shall abstain from deliberation, action, and vote by the authority in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.
Source:
SL 1973, ch 180, §11; SDCL Supp, §28-19-13.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-15 - Terms of office of commissioners--Vacancy--Restrictions on reappointment.

11-11-15. Terms of office of commissioners--Vacancy--Restrictions on reappointment.
The commissioners shall serve five-year terms, with no more than two commissioners appointed to any one term, with each term beginning July first and ending on June thirtieth. Each commissioner shall be appointed for a term ending five years from the date of expiration of the term for which his predecessor was appointed, except that a person appointed to fill a vacancy prior to the expiration of such a term shall be appointed for the remainder of the term. No commissioner appointed pursuant to this chapter by the Governor shall serve more than two consecutive full terms. Each commissioner shall hold office for the term of his appointment and until his successor shall have been appointed and qualified.
Source:
SL 1973, ch 180, §4; SDCL Supp, §28-19-14; SL 1975, ch 186, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-16 - Surety bonds of commissioners and executive director--Blanket bond--Payment of cost.

11-11-16. Surety bonds of commissioners and executive director--Blanket bond--Payment of cost.
Before entering into a commissioner's duties, each commissioner of the authority shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars or, in lieu thereof, the chair of the authority shall execute a blanket bond or obtain an insurance policy covering each member, the executive director, and the employees or other officers of the authority, each surety bond and insurance policy to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company or insurance company authorized to transact business in this state and to be approved by the attorney general and filed in the office of the secretary of state. The cost of each such bond or insurance policy shall be paid by the authority.
Source:
SL 1973, ch 180, §10; SDCL Supp, §28-19-15; SL 2012, ch 78, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-17 - Removal of commissioner from office.

11-11-17. Removal of commissioner from office.
A commissioner shall be removed from office by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and public hearing unless such notice or hearing shall be expressly waived in writing.
Source:
SL 1973, ch 180, §4; SDCL Supp, §28-19-16.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-18 - Officers of commissioners.

11-11-18. Officers of commissioners.
The commissioners shall elect from among their number a chairman and a vice-chairman annually and such other officers as they may determine.
Source:
SL 1973, ch 180, §5; SDCL Supp, §28-19-17.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-19 - Meetings of commissioners--Quorum--Majority required for action.

11-11-19. Meetings of commissioners--Quorum--Majority required for action.
Meetings shall be held at the call of the chairman or whenever two commissioners so request. Four commissioners of the authority shall constitute a quorum and any action taken by the authority under the provisions of this chapter may be authorized by resolution approved by a majority but not less than four of the commissioners present at any regular or special meeting. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
Source:
SL 1973, ch 180, §5; SDCL Supp, §28-19-18; SL 1975, ch 186, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-20 - Compensation of commissioners.

11-11-20. Compensation of commissioners.
Commissioners shall receive compensation for the performance of their duties hereunder as established by the Legislature in accordance with §4-7-10.4 from the funds of the authority.
Source:
SL 1973, ch 180, §6; SDCL Supp, §28-19-19; SL 1977, ch 227.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-21 - Executive director--Appointment and duties--Other personnel.

11-11-21. Executive director--Appointment and duties--Other personnel.
The Governor shall appoint an executive director of the authority. The executive director shall serve at the pleasure of the Governor. The executive director is the secretary of the authority and shall administer, manage, and direct the affairs and business of the authority, subject to the policies, control, and direction of the commissioners. The commissioners may employ technical experts and such other officers, agents, and employees and fix their qualifications and duties. The commissioners may delegate to the executive director or to one or more of the authority's agents or employees such powers and duties as may be proper.
Source:
SL 1973, ch 180, §8; SDCL Supp, §28-19-20; SL 1979, ch 351, §34; SL 2012, ch 78, §6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-22 - Salaries.

11-11-22. Salaries.
The Governor shall set the salary of the executive director, who shall be paid from funds provided by the authority. The salaries of the other employees shall be approved by the executive director.
Source:
SL 1979, ch 351, §34; SDCL Supp, §28-19-20.1; SL 2012, ch 78, §7.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-23 - Benefits of state employees provided.

11-11-23. Benefits of state employees provided.
The executive director and employees of the authority shall be provided comparable employee benefits offered to state employees by chapters 3-6C, 3-6E, 3-10, 3-11, and 3-12C and for purposes of administration of this section, the executive director and employees of the authority shall be offered no other employee benefits. The compensation paid for terminated employees is limited to accrued vacation pay and sick leave as provided in chapter 3-6C.
For purposes of implementation of this section, the authority may grant a maximum of the vacation pay and sick pay consistent with what the employee would have earned had he been covered by chapter 3-6C since the start of employment with the authority.
Source:
SL 1979, ch 185, §2; SDCL Supp, §28-19-20.2; SL 2012, ch 78, §8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-24 - Records maintained by secretary--Certified copies--Publication of resolutions.

11-11-24. Records maintained by secretary--Certified copies--Publication of resolutions.
The secretary shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority and of its minute book and seal. He shall have authority to cause to be made copies of all minutes and other records and documents of the authority and to give certificates under the seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely upon such certificates. Resolutions of the authority need not be published or posted unless the authority shall so direct.
Source:
SL 1973, ch 180, §§5, 9; SDCL Supp, §28-19-21.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-25 - Powers of local commissions conferred upon authority--Approval by local governing body required--Cooperation with local commissions.

11-11-25. Powers of local commissions conferred upon authority--Approval by local governing body required--Cooperation with local commissions.
The authority shall, notwithstanding any section of chapter 11-7, act as a housing and redevelopment commission for the state and be granted the same functions, rights, powers, duties, privileges, immunities, and limitations as conferred upon housing and redevelopment commissions and their commissioners by chapter 11-7. However, the authority may operate as a housing and redevelopment commission in any municipality or county of the state, only on the condition that prior written approval of the governing body of the affected jurisdiction has been acquired. The authority may also cooperate with any existing municipal or county housing and redevelopment commission in securing additional housing through such means as each shall agree to be proper.
Source:
SL 1973, ch 180, §13; SDCL Supp, §28-19-22; SL 1983, ch 106, §4H; SL 2012, ch 78, §9.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-26 - Power to carry out chapter.

11-11-26. Power to carry out chapter.
The authority may carry out and effectuate the purposes and provisions of this chapter.
Source:
SL 1973, ch 180, §12; SDCL Supp, §28-19-23; SL 2012, ch 78, §10.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-27 - Power to sue and be sued--Seal--Perpetual succession--Office.

11-11-27. Power to sue and be sued--Seal--Perpetual succession--Office.
The authority may:
(1)Sue and be sued in its own name;
(2)Have an official seal and alter the same at pleasure;
(3)Have perpetual succession; and
(4)Maintain an office at such place or places within this state as it may designate.
Source:
SL 1973, ch 180, §12 (1) to (4); SDCL Supp, §28-19-24; SL 2012, ch 78, §11.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-28 - Consolidation of processing for developments and projects.

11-11-28. Consolidation of processing for developments and projects.
The authority may provide, contract, or arrange for consolidated processing of any aspect of a housing development or housing project in order to avoid duplication thereof by either undertaking such processing in whole or in part on behalf of any department, agency, or instrumentality of the United States or of this state, or, in the alternative, may delegate such processing in whole or in part to any such department, agency, or instrumentality of the United States or of this state.
Source:
SL 1973, ch 180, §12 (11); SDCL Supp, §28-19-25; SL 2012, ch 78, §12.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-29 - Policy favoring private business firms.

11-11-29. Policy favoring private business firms.
It is the intent of the Legislature that the authority shall, to the greatest extent possible, hire and utilize private business firms in the performance of its duties as authorized by this chapter.
Source:
SL 1973, ch 180, §12 (30); SDCL Supp, §28-19-26.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-30 - Bylaws, rules, and regulations.

11-11-30. Bylaws, rules, and regulations.
The authority may adopt and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority and the conduct of its business.
Source:
SL 1973, ch 180, §12 (5); SDCL Supp, §28-19-27; SL 2012, ch 78, §13.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-31 - Research and development.

11-11-31. Research and development.
The authority may conduct research and promote development in housing, building technology, and related fields.
Source:
SL 1973, ch 180, §12 (13); SDCL Supp, §28-19-28; SL 2012, ch 78, §14.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-33 - Advice and technical assistance to developments, projects and residents.

11-11-33. Advice and technical assistance to developments, projects and residents.
The authority may provide advice, technical information, training and educational services, including assistance in obtaining federal and state aid, to assist the planning, construction, rehabilitation, and operation of housing developments and housing projects, including assistance in community development and organization, home management and advisory services for the residents of housing developments and housing projects and to encourage community organizations to assist in developing same.
Source:
SL 1973, ch 180, §12 (12); SDCL Supp, §28-19-30; SL 1983, ch 106, §4J; SL 2012, ch 78, §16.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-34 - Cooperation with federal and other governmental agencies.

11-11-34. Cooperation with federal and other governmental agencies.
The authority may enter into agreements or other transactions with, administer programs of, and accept grants and the cooperation of, the United States or any agency or instrumentality thereof or of the state or any agency or instrumentality thereof or of any other state or any agency or instrumentality thereof in furtherance of the purposes of this chapter and to do any and all things necessary in order to avail itself of such aid and cooperation.
Source:
SL 1973, ch 180, §12 (8); SDCL Supp, §28-19-31; SL 2012, ch 78, §17; SL 2014, ch 44, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-36 - Execution of necessary instruments.

11-11-36. Execution of necessary instruments.
The authority may make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter.
Source:
SL 1973, ch 180, §12 (6); SDCL Supp, §28-19-33; SL 2012, ch 78, §19.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 11 - South Dakota Housing Development Authority › Section 11-11-37 - Acceptance of legislative appropriations--Purposes to which applied.

11-11-37. Acceptance of legislative appropriations--Purposes to which applied.
The authority may accept such moneys as may be appropriated from time to time by the Legislature for effectuating its corporate purposes including, without limitation, the payment of the expenses of administration and operation and the establishment of reserves or contingency funds to be available for the payment of the principal of and the interest on any bonds, notes, or other obligations of the authority.
Source:
SL 1973, ch 180, §49; SDCL Supp, §28-19-34; SL 2012, ch 78, §20.