reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 24 - County Bonds › Section 7-24-19 - Deposit and investment of debt service fund moneys--Resolution of county commissioners.

7-24-19. Deposit and investment of debt service fund moneys--Resolution of county commissioners.
Every county maintaining a debt service fund for the payment of outstanding bonds shall keep the accumulations in said debt service fund deposited with the lawful depositories or invested in registered warrants or bonds of any municipal or public corporation of the State of South Dakota, including those of the county issuing such bonds, or bonds, notes, or other obligations issued by any federal land bank, federal intermediate credit bank, bank for cooperatives, or any or all of the federal farm credit banks, or obligations of the United States, or bonds or securities of any kind issued by the State of South Dakota, and the interest accruing on such investment shall be credited to such debt service fund. Moneys in any debt service fund shall be invested only in such of the above-named securities as will become due and payable on or before the date when the bonds for the payment of which such debt service fund was created become due and payable, except bonds of the United States or of the State of South Dakota. Where such debt service fund is invested in other bonds of such county, there shall be a levy of a tax upon the taxable property of such county of sufficient amount to pay the interest and also the principal thereof when due and such tax, when collected, shall be returned to the debt service fund for that purpose.
In carrying out the provisions of this section, all transactions shall be by resolution of the board of county commissioners which resolution shall be regularly filed and recorded with the county auditor as a public record.
Source:
SL 1915, ch 277; RC 1919, §6999; SL 1933, ch 164; SDC 1939, §12.2111; SL 1979, ch 37, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-1 - Annual tax levy for construction or improvement of certain buildings--Fund accumulated--Cooperation with other subdivisions--Proceeds pledged to payments without limitation.

7-25-1. Annual tax levy for construction or improvement of certain buildings--Fund accumulated--Cooperation with other subdivisions--Proceeds pledged to payments without limitation.
The board of county commissioners may levy a tax not to exceed ninety cents per thousand dollars of taxable valuation to be used or paid into a fund for the purpose of acquiring a site, constructing, renovating, improving, remodeling, altering, adding to, repairing, erecting, or maintaining a courthouse, office, jail building, county exhibition buildings, 4-H and extension buildings, grandstands and bleachers, highway maintenance buildings, or public library. The county may cooperate in a joint undertaking for any of the foregoing purposes with any other county, municipality or school district. The levy authorized by this section is in addition to the levy authorized in §10-12-21. The proceeds of the levy authorized by this section may be pledged by the county to payments under an agreement entered into pursuant to §7-25-19 without regard to the limitations of §7-25-3.
Source:
SL 1911, ch 123, §1; SL 1915, ch 126; RC 1919, §6953; SL 1931, ch 115, §1; SDC 1939, §12.2303; SL 1959, ch 31, §2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21; SL 1970, ch 50; SL 1985, ch 15, §24; SL 1985, ch 77, §8; SL 1987, ch 185, §2; SL 1989, ch 87, §15C.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-2 - Investment of building fund--Income paid into fund.

7-25-2. Investment of building fund--Income paid into fund.
The board of county commissioners shall have the power to loan or invest any balance of any such fund as referred to in §7-25-1 upon first mortgages upon real property worth at least double the value of the sum loaned, or upon bonds of the State of South Dakota, or upon bonds or warrants of the county, or upon bonds of any municipality or school district within the county, at such legal rate of interest as may be agreed, and may also loan or invest such funds in United States government bonds, and the income from such loans shall be paid into such fund.
Source:
SL 1911, ch 123, §2; RC 1919, §6954; SL 1931, ch 115, §2; SDC 1939, §12.2303; SL 1959, ch 31, §2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-3 - County commissioners authorized to construct and improve buildings--Maximum expenditure authorized without voters' approval.

7-25-3. County commissioners authorized to construct and improve buildings--Maximum expenditure authorized without voters' approval.
The board of county commissioners shall have authority to provide for the erection, renovation, improvement, remodeling, alteration, addition to, and repairing of courthouses, jails, memorial buildings, which may contain an auditorium, and other necessary buildings within and for the county and to make contracts on behalf of the county for such purposes; but no expenditure for these purposes, greater than can be paid for out of the annual revenue of the county for the current year, including for courthouse, office, and jail buildings the revenue from the special levy provided by §7-25-1, together with the amount of any debt service fund theretofore provided for such purpose, shall be made unless the question of such expenditure shall have first been submitted to a vote of the qualified voters of such county and shall have been approved by a majority of the votes so cast; and the board shall determine the amount and rate of taxes to be submitted to a vote for such purpose.
Source:
SL 1868-9, ch 4, §27; SL 1874-5, ch 27, §27; PolC 1877, ch 21, §43; CL 1887, §607; RPolC 1903, §847; SL 1913, ch 153; RC 1919, §5883; SL 1920 (SS), ch 42; SDC 1939, §12.2302; SL 1959, ch 31, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-4 - Building bonds approved by voters--Other funds applicable without additional approval.

7-25-4. Building bonds approved by voters--Other funds applicable without additional approval.
Whenever the question of bonding the county for the purpose of bonding the county for the purpose of building or renovating, improving, remodeling, altering, adding to, or repairing a courthouse, jail, memorial building, or other county buildings shall have been submitted to a vote of the voters and such bond issue shall have been carried by a vote of the voters, then in addition to the proceeds raised from the sale of such bonds the board may, whenever there remains in the treasury of such county an unexpended balance of any special fund and all claims against such fund have been fully paid, or when there remains an unexpended balance of the general fund and all claims against such fund have been fully paid, in its discretion, apply the whole or any part of such accumulated funds to the purposes specified in this section and it shall not be necessary to submit the question of such expenditure to the voters of the county.
Source:
SL 1868-9, ch 4, §27; SL 1874-5, ch 27, §27; PolC 1877, ch 21, §43; CL 1887, §607; RPolC 1903, §847; SL 1913, ch 153; RC 1919, §5883; SL 1920 (SS), ch 42; SDC 1939, §12.2302; SL 1959, ch 31, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-5 - Commissioners' duty to use accumulated building fund.

7-25-5. Commissioners' duty to use accumulated building fund.
After a fund for the construction of a courthouse, office, or jail building, county exhibition buildings, 4-H and extension buildings, grandstands and bleachers, and highway maintenance buildings has accumulated from any source, it shall be the duty of the board of county commissioners within one year from the time such fund becomes available to proceed to the erection of such building or buildings, if such fund shall in the judgment of the board be sufficient for that purpose.
Source:
SL 1874-5, ch 27, §49; PolC 1877, ch 21, §44; CL 1887, §608; RPolC 1903, §848; SL 1911, ch 123, §3; RC 1919, §§5884, 6955; SL 1931, ch 115, §3; SDC 1939, §12.2303; SL 1959, ch 31, §2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-6 - Acquisition of ground for authorized county buildings--Board to supervise construction of all buildings.

7-25-6. Acquisition of ground for authorized county buildings--Board to supervise construction of all buildings.
The board of county commissioners when authorized to erect any county building or joint county and municipal building shall have power to acquire ground for a site by purchase or condemnation.
The board shall also have the entire supervision of the construction of all county buildings and monuments.
Source:
SL 1897, ch 49, §4; RPolC 1903, §973; RC 1919, §6985; SDC 1939, §12.2307.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-7 - Advertising and award procedure for building construction contracts.

7-25-7. Advertising and award procedure for building construction contracts.
If any county building is to be constructed, the board shall proceed as required by chapter 5-18B. The time specified for opening of bids shall be at one of the regular or duly adjourned sessions of the board.
Source:
SL 1874-5, ch 27, §49; PolC 1877, ch 21, §45; CL 1887, §609; SL 1889, ch 49, §1; SL 1895, ch 53, §1; RPolC 1903, §849; SL 1915, ch 129; RC 1919, §5885; SDC 1939, §12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1972, ch 34, §2; SL 2011, ch 2, §113.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-8 - Building plans and specifications to be on file--Petty offense to permit removal.

7-25-8. Building plans and specifications to be on file--Petty offense to permit removal.
One copy of the plans and specifications for any building to be erected shall be on file in the office of the county auditor at all times from the beginning of the publication of the advertisement for bids until the completion of the building. Any county auditor who allows or permits the original of any building plans or specifications filed in the office to be removed from the office commits a petty offense.
Source:
SL 1874-5, ch 27, §49; PolC 1877, ch 21, §45; CL 1887, §609; SL 1889, ch 49, §1; SL 1895, ch 53, §1; RPolC 1903, §849; SL 1915, ch 129; RC 1919, §5885; SDC 1939, §§12.2308, 12.9904; SL 1955, ch 22; SL 1963, ch 51; SL 1981, ch 43, §8; SL 2016, ch 44, §64.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-9 - Security posted by bidders on construction contract--Return of security to unsuccessful bidders.

7-25-9. Security posted by bidders on construction contract--Return of security to unsuccessful bidders.
Each bid shall contain a certified check, cashier's check, or bank money order, in the sum equal to five percent of the amount of the bid. The check or money order shall be certified or issued by either a state or national bank domiciled within this state made payable to the county or the county treasurer. In lieu of a check or money order, a bid bond for ten percent of the bid may be submitted. The bond shall be issued by a surety authorized to do business in this state and payable to the county or the county treasurer as a guaranty that the bidder will enter into contract, if the contract is awarded to the bidder, and furnish a bond as provided by this chapter. If the successful bidder forfeits a check, money order, or bid bond, the proceeds of the check, money order, or bid bond shall be turned into the county general fund. The check, money order, or bid bond of each unsuccessful bidder shall be, by the board, immediately returned to the bidder. No more time may elapse between the opening of the bids and either the acceptance of the bid of the lowest responsible bidder, or the rejection of all bids presented than is permitted in subdivision 5-18A-5(7).
Source:
SL 1874-5, ch 27, §49; PolC 1877, ch 21, §45; CL 1887, §609; SL 1889, ch 49, §1; SL 1895, ch 53, §1; RPolC 1903, §849; SL 1915, ch 129; RC 1919, §5885; SDC 1939, §12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1969, ch 24; SL 1979, ch 46, §1; SL 1987, ch 72; SL 2011, ch 2, §114.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-9.1 - Waiver of security requirements on bids less than two thousand dollars.

7-25-9.1. Waiver of security requirements on bids less than two thousand dollars.
Notwithstanding the provisions of §7-25-9, the requirement of a bid bond, certified check, money order, cash, or other security may be waived when the bid submitted does not exceed two thousand dollars.
Source:
SL 1968, ch 276; SL 1979, ch 46, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-10 - Lowest responsible bid accepted--Progress payments permitted in contract--Interest on payments withheld.

7-25-10. Lowest responsible bid accepted--Progress payments permitted in contract--Interest on payments withheld.
The lowest responsible bid in all cases shall be accepted and the contract for the building or buildings may permit progress payments, but if so shall provide for retention of not less than the following percentages: twelve percent of the amount of the contract up to fifty thousand dollars; five percent of the next two hundred thousand dollars of the amount of the contract and two and one-half percent of the amount of the contract in excess of two hundred fifty thousand dollars until the contract is fully executed and the building or buildings completed to the satisfaction and acceptance of the board of county commissioners. However, if the contractor has furnished the board all required records and reports and a final inspection has been made, the board shall pay to the contractor interest at the Category A rate of interest as established in §54-3-16 on the amounts retained and on the final payment due the contractor beginning sixty days after the work under the contract has been completed, as evidenced either by the completion date established in the superintendent's or architect's letter of acceptance or by the use and occupancy of the building, and running until the date when payment is tendered to the contractor unless delay in payment has been the result of federal participation in such contract, in which event interest may not begin until sixty days after payment by the federal authority involved.
Source:
SL 1874-5, ch 27, §49; PolC 1877, ch 21, §45; CL 1887, §609; SL 1889, ch 49, §1; SL 1895, ch 53, §1; RPolC 1903, §849; SL 1915, ch 129; RC 1919, §5885; SDC 1939, §12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1983, ch 28, §14; SL 1984, ch 319, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-11 - Execution of construction contracts.

7-25-11. Execution of construction contracts.
All contracts shall be made and set forth in writing and shall be signed on behalf of the board by the chairman and attested by the county auditor with the county seal affixed after such contract has been voted upon and carried by a majority of the board.
Source:
SL 1874-5, ch 27, §49; PolC 1877, ch 21, §45; CL 1887, §609; SL 1889, ch 49, §1; SL 1895, ch 53, §1; RPolC 1903, §849; SL 1915, ch 129; RC 1919, §5885; SDC 1939, §12.2308; SL 1955, ch 22; SL 1963, ch 51.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-12 - Performance bond required of construction contractor.

7-25-12. Performance bond required of construction contractor.
The board shall require a bond from the contractor in a sum equal to the contract price, conditioned that the contractor executes the contract and completes the building according to the plans and specifications and to the full satisfaction of the board. The contractor shall account for all moneys paid to the contractor and pay all bills and claims on account of labor or materials furnished in and about the performance of the contract including all demands of subcontractors. The bond shall stand as security for the bills, claims, and demands and be a surety bond issued by a surety company authorized to do a surety bonding business in the state or a personal bond with sufficient sureties, to be approved by the board of county commissioners.
Source:
SL 1874-5, ch 27, §49; PolC 1877, ch 21, §45; CL 1887, §609; SL 1889, ch 49, §1; SL 1895, ch 53, §1; RPolC 1903, §849; SL 1915, ch 129; RC 1919, §5885; SDC 1939, §12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 2016, ch 44, §65.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-13 - Payment required if building occupied before acceptance.

7-25-13. Payment required if building occupied before acceptance.
It is further provided that in the event the board elects to use and occupy the public improvement before acceptance, the board shall pay all amounts due under the contract except double the amount the superintendent or architect shall estimate necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, whichever is the greater, or in any event not less than three hundred dollars, and no interest shall be allowed thereon until sixty days after said work has been fully completed.
Source:
SDC 1939, §12.2308 as added by SL 1963, ch 51.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-14 - Appointment of superintendent to oversee construction--Progress payments based on superintendent's reports.

7-25-14. Appointment of superintendent to oversee construction--Progress payments based on superintendent's reports.
The board may appoint a competent superintendent, who may be the architect furnishing the plans and specifications for such building or buildings and such superintendent shall report to the board every thirty days as to the progress and character of the work done by the contractor, and upon the reports of the superintendent payments to the extent of the percent specified in §7-25-10 or the percent embodied in the contract shall be made to the contractor from time to time during the process of construction, divided into such installments as the board and the contractor may agree upon at the time of entering into the contract, and which shall be included in and be a part of the terms of the contract. None of such payments, however, shall be held to constitute an acceptance in whole or in part, by the board prior to the making of the final payment and acceptance in full completion of the contract.
Source:
SL 1874-5, ch 27, §49; PolC 1877, ch 21, §45; CL 1887, §609; SL 1889, ch 49, §1; SL 1895, ch 53, §1; RPolC 1903, §849; SL 1915, ch 129; RC 1919, §5885; SDC 1939, §12.2308; SL 1955, ch 22; SL 1963, ch 51.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-16 - Insurance on buildings--Application of proceeds--Filing policies.

7-25-16. Insurance on buildings--Application of proceeds--Filing policies.
The board of county commissioners may insure any or all of the public buildings and property belonging to the county. In case of the destruction or damage of the buildings or property so insured, such board shall demand and receive any money due on account of such insurance and cause same to be paid into the county treasury. All money received may be applied to the fund for rebuilding or restoring such buildings or property. Such insurance policies shall be filed in the office of the county auditor.
Source:
PolC 1877, ch 21, §96; CL 1887, §640; RPolC 1903, §877; RC 1919, §5933; SDC 1939, §12.0822; SL 1972, ch 47.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-17 - Rental space provided county officers where courthouse or jail insufficient.

7-25-17. Rental space provided county officers where courthouse or jail insufficient.
In any county where there is no courthouse or jail erected by the county, or no lodging for prisoners provided under a joint agreement pursuant to §24-11-4, or where those erected have not sufficient capacity, it shall be the duty of the board of county commissioners to provide for courtroom, jail, and offices for the following named officers: sheriff, treasurer, register of deeds, state's attorney, auditor, clerk of courts, and circuit court judge for the county, to be furnished by such county in a suitable building or buildings for the lowest rent to be obtained at the county seat, or to secure and occupy suitable rooms at a free rent within the limits of the county seat or any of the additions thereto until such county builds a courthouse.
Source:
SL 1874-5, ch 27, §26; PolC 1877, ch 21, §42; SL 1885, ch 41, §1; CL 1887, §606; RPolC 1903, §846; RC 1919, §5882; SDC 1939, §12.2301; SL 1971, ch 52.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-19 - Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption.

7-25-19. Sale and lease-back arrangements--Disposition of sale proceeds--Tax exemption.
The board of county commissioners of any county may by resolution exercise all the powers conferred on the South Dakota Building Authority pursuant to and in the manner provided by §§5-12-15, 5-12-19 and 5-12-42 to 5-12-45, inclusive, with respect to the acquisition, lease, sale and lease-back of land, improvements, and capital equipment to be used for any lawful purpose, except that the proceeds of sale of any such facility are subject to §6-13-8. All land, improvements and capital equipment owned or being leased or acquired by the county pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease-purchase or installment purchase contract shall constitute a separate class of property which is exempt from all taxation.
Source:
SL 1984, ch 48, §1; SL 1987, ch 185, §3; SL 1989, ch 30, §14.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25 - County Buildings And Improvements › Section 7-25-20 - Sale and lease-back powers additional--Restrictions on exercise.

7-25-20. Sale and lease-back powers additional--Restrictions on exercise.
The powers conferred by §7-25-19 are in addition to all other powers conferred upon the board of county commissioners of any county, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restrictions or procedural requirements prescribed by any other law.
Source:
SL 1984, ch 48, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-2 - Petition for establishment of improvement district--Contents.

7-25A-2. Petition for establishment of improvement district--Contents.
A petition for the establishment of an improvement district shall be filed with the auditor of each county in which the proposed district is located. The petition shall contain:
(1)The legal description of the property of the district;
(2)The written consent by the owner or owners of one hundred percent of the real property to be included in the district, consenting to the establishment of the district and the filing of the petition, or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of one hundred percent of the real property to be included in the district;
(3)A designation of five persons to be the initial members of the board of supervisors, who shall serve in that office until replaced by elected members;
(4)The proposed name of the district;
(5)An accurate survey and map of the territory intended to be embraced within the proposed district showing the boundaries and area thereof. The accuracy thereof shall be verified by affidavit of a licensed surveyor. The survey and map, when completed and verified, shall be left at a convenient public office, to be designated by the county auditor of the county in which the petition is filed, for a period of not less than twenty days for examination by those having an interest in the application;
(6)The proposed timetable for construction of the district services and the estimated cost of constructing the services;
(7)An economic impact statement of the district upon the county;
(8)An environmental impact survey; and
(9)A statement that the creation of the district is consistent with any applicable comprehensive or effective local government plan.
Source:
SL 1989, ch 59, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-3 - Hearing upon petition--Notice.

7-25A-3. Hearing upon petition--Notice.
Upon the filing of the petition, the county commission of the county in which the majority of land in which the proposed district is located shall schedule a hearing to hear objections to the petition, shall give notice of the time and place fixed for the hearing by publication once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed district is located, and shall permit the inspection of the petition at the office of the auditor of each county by all persons. The second notice may not be published more than thirty days or less than ten days before the hearing.
Source:
SL 1989, ch 59, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-4 - Factors for consideration--Requirements.

7-25A-4. Factors for consideration--Requirements.
The county commission, in considering the petition, shall determine whether all the following requirements have been met:
(1)That all statements contained within the petition have been found to be true and correct;
(2)That the creation of the district is not inconsistent with any applicable comprehensive plan or effective local government plan;
(3)That the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community;
(4)That the probable beneficial impact of the district outweighs any probable adverse socioeconomic impact of the proposed district.
Source:
SL 1989, ch 59, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-5 - Order establishing district--Appointment of additional members to board--Term of office.

7-25A-5. Order establishing district--Appointment of additional members to board--Term of office.
Upon conclusion of the hearing, if the county commission determines all requirements of §7-25A-4 have been satisfied, the commission may enter an order granting the establishment of the district and setting forth its findings and conclusions. If an order is entered granting establishment of the district, the county commission shall appoint two additional members to the board of supervisors. However, if the proposed district is within the three mile radius of a municipality, the county commission shall appoint one member, and the municipal governing body shall appoint one member. An appointed member shall serve until replaced by the governing body responsible for the appointment or until the first election and may not be an elected official of the county or the municipality.
Source:
SL 1989, ch 59, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-8 - Hearing prerequisite to purchase or sale of certain water or sewer utilities.

7-25A-8. Hearing prerequisite to purchase or sale of certain water or sewer utilities.
No improvement district may purchase or sell a water or sewer utility that provides service to the public for compensation until the governing body of the improvement district has held a public hearing on the purchase or sale and made a determination that the purchase or sale is in the public interest.
Source:
SL 1989, ch 59, §8.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-9 - Powers of board--Composition--Term of office.

7-25A-9. Powers of board--Composition--Term of office.
The board of the district may exercise the powers granted to the district pursuant to this chapter. The board shall consist of five to seven members. Each elected member shall hold office for a term of six years and until his successor is chosen and qualifies. The members of the board shall be citizens of the United States.
Source:
SL 1989, ch 59, §9.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-10 - Election of board members.

7-25A-10. Election of board members.
The board shall schedule an election of board members to be held on or before:
(1)The date of the first general municipal election after the tenth anniversary of the formation of the district; or
(2)The first general municipal election after the board receives notice of certification from the county auditor that at least forty-five registered voters reside in the district;
which ever occurs last.
The county auditor shall count the number of registered voters in each district in the county before December second of each odd numbered year. If the county auditor counts forty-five or more registered voters residing in the district, the county auditor shall certify the number of registered voters in that district and send notice of certification, by certified mail, to the board. No county auditor is required to count the number of registered voters in a district after the notice has been sent to the board or the district has held an election. At the first election, one board member shall be elected for a six-year term, two members shall be elected for a four-year term, and two members shall be elected for a two-year term. The candidate receiving the highest number of votes shall serve a six-year term, the two candidates receiving the next highest number of votes shall serve four-year terms, and the two candidates receiving the next highest number of votes shall serve two-year terms. After the first election, the term for each board member shall be a six-year term. All elected board members shall be registered voters of the district.
Source:
SL 1989, ch 59, §10; SL 1999, ch 36, §1; SL 2017, ch 55, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-11 - Conduct of elections--Costs borne by district.

7-25A-11. Conduct of elections--Costs borne by district.
All elections pursuant to this chapter shall be conducted, canvassed, recounted, and contested as other elections under the general municipal election laws of this state. All election costs are to be borne by the improvement district.
Source:
SL 1989, ch 59, §11.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-13 - Appointments made by supervisor of elections--Other duties.

7-25A-13. Appointments made by supervisor of elections--Other duties.
The improvement district supervisor of elections shall appoint the inspectors and clerks of elections, prepare and furnish the ballots, designate polling places, and canvass the returns of the election.
Source:
SL 1989, ch 59, §13.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-14 - Board members known as supervisors--Oath and term of office--Vacancies.

7-25A-14. Board members known as supervisors--Oath and term of office--Vacancies.
Members of the board shall be known as supervisors and, upon entering into office, shall take and subscribe to the oath of office as prescribed by law. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If, during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term.
Source:
SL 1989, ch 59, §14.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-15 - Majority constitutes quorum.

7-25A-15. Majority constitutes quorum.
A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members.
Source:
SL 1989, ch 59, §15.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-16 - Election of chairman--Other officers.

7-25A-16. Election of chairman--Other officers.
As soon as practicable after each election or appointment, the board shall organize by electing one of its members as chairman and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary.
Source:
SL 1989, ch 59, §16.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-17 - Compensation of board members.

7-25A-17. Compensation of board members.
Each member of the board of supervisors shall receive an amount not to exceed one hundred dollars per month or an amount established by the electors at referendum. In addition, each supervisor shall receive travel and per diem expenses as set by the board.
Source:
SL 1989, ch 59, §17; SL 2016, ch 44, §66.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-18 - District manager--Compensation--Duties.

7-25A-18. District manager--Compensation--Duties.
The board shall employ, and fix the compensation of, a district manager. The district manager shall have charge and supervision of the works of the district and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this chapter, for maintaining and operating the equipment owned by the district, and for performing such other duties as may be prescribed by the board.
Source:
SL 1989, ch 59, §18.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-19 - Relationships not constituting conflict of interest.

7-25A-19. Relationships not constituting conflict of interest.
It is not a conflict of interest for members of the board, the district manager or other employee of the district to be a landowner, or a stockholder, officer, or employee of a landowner.
Source:
SL 1989, ch 59, §19; SL 1991, ch 64, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-20 - Authority of manager to hire--Compensation of employees determined by board.

7-25A-20. Authority of manager to hire--Compensation of employees determined by board.
The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other conditions of employment of the officers and employees of the district shall be as provided by the board.
Source:
SL 1989, ch 59, §20.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-21 - Designation of treasurer--Powers and duties--Disbursement of funds--Bond.

7-25A-21. Designation of treasurer--Powers and duties--Disbursement of funds--Bond.
The board shall designate a person as treasurer of the district, who is in charge of the funds of the district. The funds may only be disbursed upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board. The board may give the treasurer other or additional powers and duties as the board deems appropriate and may fix the compensation for the treasurer. The board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as is deemed satisfactory to the board to secure the performance by the treasurer of the powers and duties.
Source:
SL 1989, ch 59, §21; SL 2016, ch 44, §67.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-22 - Selection of depository.

7-25A-22. Selection of depository.
The board may select as a depository for its funds any qualified public depository as set out in §§9-22-6 and 9-22-6.1.
Source:
SL 1989, ch 59, §22.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-23 - Provision of utilities--Powers of district.

7-25A-23. Provision of utilities--Powers of district.
If the board assumes the responsibility for providing utilities, the district shall have the powers provided in chapters 9-40 and 9-47, insofar as such chapters relate to projects undertaken pursuant to subdivision 7-25A-7(21).
Source:
SL 1989, ch 59, §23.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-24 - District's authority to obtain loans--Purpose--Interest.

7-25A-24. District's authority to obtain loans--Purpose--Interest.
The district at any time may obtain loans pursuant to chapter 9-25, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the district or any costs incurred or that may be incurred in connection with any of the projects of the district. The loans shall bear such interest as the board may determine and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the board may determine, subject, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. Notwithstanding the provisions of chapter 9-25, the terms of these loans may not exceed thirty years.
Source:
SL 1989, ch 59, §24; SL 1990, ch 52, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-25 - District's authority to issue negotiable notes--Payment.

7-25A-25. District's authority to issue negotiable notes--Payment.
For the purpose of defraying costs and expenses, the district may issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to bear such interest as the board may determine in compliance with law and to be sold or discounted at such price or prices and on such terms as the board may deem advisable. The board may provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the district. All notes shall be authorized, issued, and sold as provided in chapter 6-8B, except no election may be held.
Source:
SL 1989, ch 59, §25.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-26 - Board's authority to issue bonds--Purpose--Limitation.

7-25A-26. Board's authority to issue bonds--Purpose--Limitation.
To undertake, accomplish, and complete any project or projects within the powers granted the board, the board may issue and sell bonds and other forms of indebtedness in such amount as the board may determine, for the purpose of acquiring, constructing, completing, or remodeling, maintaining, or equipping any such facility or facilities; refunding and refinancing the same from time to time as often as advantageous and in the public interest to do so; and pledging any income of such district, and any revenues derived by the district from such facilities, or any combination thereof, to secure payment of such bonds and to redeem such bonds. All districts bonds shall be authorized, issued and sold as provided in chapter 6-8B, except no election may be held to issue bonds other than those required by S.D. Const., Art. XIII, §4.
Source:
SL 1989, ch 59, §26; SL 1990, ch 52, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-27 - Defeasance of bondholders--Provisions determined by board--Surplus funds.

7-25A-27. Defeasance of bondholders--Provisions determined by board--Surplus funds.
The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the district in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate. The board without limitation on the foregoing, may provide that when the bonds or obligations become due and payable or have called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and if the right, title, and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate and become void. The board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the district as the board shall determine.
Source:
SL 1989, ch 59, §27.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-28 - Bonds constituting legal investments.

7-25A-28. Bonds constituting legal investments.
Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this chapter shall constitute legal investments for savings and loans, savings banks, banks, trust companies, insurance companies, personal representatives, trustees, conservators, and other fiduciaries.
Source:
SL 1989, ch 59, §28; SL 1993, ch 213, §79.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-29 - Default not to constitute debt or obligation of local government or state.

7-25A-29. Default not to constitute debt or obligation of local government or state.
A default on the bonds or obligations of a district does not constitute a debt or obligation of a local government or the state.
Source:
SL 1989, ch 59, §29.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-30 - Assessment of ad valorem tax--Purpose--Maximum amount--Collection.

7-25A-30. Assessment of ad valorem tax--Purpose--Maximum amount--Collection.
The board may levy and assess an ad valorem tax on all the taxable property in the district to construct, operate, and maintain projects; to pay the principal of, and interest on, any general obligation bonds of the district; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, may not exceed ten dollars per one thousand dollars per taxable value. The ad valorem tax shall be in addition to county and all other ad valorem taxes. The tax shall be assessed, levied, and collected in the same manner and at the same time as county taxes.
Source:
SL 1989, ch 59, §30.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-31 - Ad valorem taxes--Delinquency and penalties.

7-25A-31. Ad valorem taxes--Delinquency and penalties.
All ad valorem taxes provided for in this chapter shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes.
Source:
SL 1989, ch 59, §31.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-32 - Interest on bonds exempt.

7-25A-32. Interest on bonds exempt.
Interest on all bonds issued pursuant to this chapter is exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof.
Source:
SL 1989, ch 59, §32.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-33 - Board authorized to levy special assessments for construction or acquisition of certain projects--Assessment as continuing lien.

7-25A-33. Board authorized to levy special assessments for construction or acquisition of certain projects--Assessment as continuing lien.
The board may levy special assessments for the construction, reconstruction, or acquisition of projects authorized under this chapter using the procedures provided in chapter 9-43. The district assessments may be made payable in thirty annual installments. Such special assessments are a continuing lien on such real property as against all persons except the United States and the state. The district may obtain loans as described in §7-25A-24, issue negotiable notes, warrants, or other evidences of debt as described in §7-25A-25 or issue and sell bonds and other forms of indebtedness as described in §7-25A-26 to finance the construction, reconstruction, or acquisition of a project or projects authorized by this chapter prior to the time the board levies special assessments for such project or projects.
Source:
SL 1989, ch 59, §33; SL 1990, ch 52, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-34 - Provisions of other chapters pertaining to taxation applicable.

7-25A-34. Provisions of other chapters pertaining to taxation applicable.
The provisions of chapters 10-21, 10-22, 10-23, 10-24, and 10-25, shall be applicable to district taxes and special assessments with the same force and effect as if such provisions were expressly set forth in this chapter.
Source:
SL 1989, ch 59, §34.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-35 - Board to require use of water management and control and water and sewer facilities within district.

7-25A-35. Board to require use of water management and control and water and sewer facilities within district.
To the full extent permitted by law, the district shall require all lands, buildings, premises, persons, firms, and corporations within the district to use the water management and control facilities and water and sewer facilities of the district.
Source:
SL 1989, ch 59, §35.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 25A - Improvement Districts › Section 7-25A-36 - Hearing required before fixing amount charged for services--Notice--Periodic adjournment permitted.

7-25A-36. Hearing required before fixing amount charged for services--Notice--Periodic adjournment permitted.
No such rates, fees, rentals, or other charges for any of the facilities or services of the district may be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Notice of the public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall be published in a newspaper in the county and of general circulation in the district at least once and at least ten days prior to the public hearing. The hearing may be adjourned from time to time.
Source:
SL 1989, ch 59, §36.