reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-5 - Powers and duties of council.

1-22-5. Powers and duties of council.
The powers and duties of the council are:
(1)To promote, stimulate, encourage, recognize, and assist the arts in every way possible;
(2)To conduct research and provide a plan for the development of the arts in the State of South Dakota;
(3)To coordinate activities of the federal, state, and local governments and the state's institutions in relation to the arts;
(4)To approve projects for federal and state aid for the arts;
(5)To comply with the requirements of federal law relating to federal aid; and
(6)To accept, receive, and administer gifts, bequests, grants, and endowments from any sources whatsoever to further the purposes, objectives, and provisions of this chapter.
Source:
SL 1966, ch 183, §5; SL 1985, ch 12, §6; SL 2009, ch 1, §114.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-5.1 - Executive director of council--Supplies and equipment.

1-22-5.1. Executive director of council--Supplies and equipment.
The secretary of the Department of Tourism shall, subject to the approval of the Governor, appoint an executive director of the arts council, to serve at the pleasure of the secretary. The council shall provide such supplies and equipment as may be necessary.
Source:
SL 1966, ch 183, §9 as added by SL 1968, ch 240; SL 1979, ch 353, §12; SL 1985, ch 12, §7; SL 2003, ch 272 (Ex. Ord. 03-1), §81; SL 2011, ch 1 (Ex. Ord. 11-1), §91, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-7 - Poet laureate of state--Qualifications and appointment.

1-22-7. Poet laureate of state--Qualifications and appointment.
There is created the office of poet laureate of South Dakota. The Governor shall appoint the poet laureate to serve at the pleasure of the Governor. No person is eligible for the appointment unless the person is a resident of this state. No person may be appointed unless such person has been recommended to the Governor by the South Dakota State Poetry Society and has written and published poems of recognized merit prior to the appointment.
The term of the poet laureate is four years and begins July first in years following a gubernatorial election. No poet laureate may serve for more than one term consecutively, however, this restriction does not apply to a partial term to which the poet laureate may have been appointed.
Poet laureates
shall for life have the status
of emeritus.
Source:
SL 1959, ch 307; SDC Supp 1960, §55.0115; SL 2009, ch 1, §115; SL 2015, ch 10, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-8 - Promulgation of rules.

1-22-8. Promulgation of rules.
The South Dakota Arts Council shall promulgate rules, pursuant to chapter 1-26, for the administration of the arts program supported by federal or state funds. The rules shall include eligibility requirements, application and appeal procedures, conditions for acceptance, and the expenditure of, and accountability for, grant awards.
Source:
SL 1985, ch 12, §9; SL 2009, ch 1, §116.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-9 - Definitions.

1-22-9. Definitions.
Terms used in §§1-22-9 to 1-22-17, inclusive, mean:
(1)"Acquisition," includes acquisition by purchase, lease, or commission;
(2)"Architect," any person or firm retained to design or prepare plans or specifications for any part of the public construction project, including landscape, interior, electrical, plumbing, heating, utility, engineering, or fixture design;
(3)"Art," "artwork," or "works of art," include frescoes, mosaics, sculpture, drawing, painting, photography, calligraphy, graphic art, stained glass, wall hangings, tapestries, fountains, ornamental gateways, monuments, displays, architectural embellishments, crafts, architectural landscaping, or any work of mixed media by an artist, artisan, or craftsperson;
(4)"Artist," includes any practitioner generally recognized by his or her peers or by critics as a professional who produces works of art. This term does not include the architect of the building under construction or any member of the architect's firm;
(5)"Construction, remodeling, or renovation cost," any cost expended for the actual construction, remodeling, or renovation of a state building, exclusive of the costs of land acquisition;
(6)"Council," Office of the Arts/South Dakota Arts Council;
(7)"State agency," or "state department," the agency of state government to which funds have been appropriated or allocated by the Legislature for the construction, remodeling, or renovation of any state building;
(8)"State building," includes any permanent structure together with any grounds and appurtenant structures which are intended to act as offices, laboratories, workshops, courtrooms, hearing or meeting rooms, storage rooms, or other space for carrying on the functions of a state agency; or auditoriums, meetings rooms, classrooms or other educational facilities, or eating, sleeping, medical, dental, library, or museum space for use by the general public. This term does not include public highways, bridges, sewers, fish ponds, fish hatcheries, service facilities at state parks and highway rest areas, correctional facilities, or separate buildings, not part of a larger construction project, which are intended as storage, warehouse, or maintenance and repair facilities;
(9)"User," the state agency having principal administrative responsibility for the actual utilization of a state building.
Source:
SL 1989, ch 14, §1; SL 1990, ch 16, §1; SL 2009, ch 1, §117.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-10 - Authorization of art work in certain state buildings--Applicability.

1-22-10. Authorization of art work in certain state buildings--Applicability.
Any state building constructed, remodeled or renovated after December 31, 1989, shall include works of art for public display.
Sections 1-22-9 to 1-22-17, inclusive, do not apply to projects less than one hundred thousand dollars or to projects where the primary purpose is to remove asbestos, PCBs or other hazardous materials.
Source:
SL 1989, ch 14, §2; SL 2005, ch 15, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-11 - Art for state buildings fund--Use and derivation of funds.

1-22-11. Art for state buildings fund--Use and derivation of funds.
A special revolving fund is established within the state treasury to be known as the art for state buildings fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of tourism and shall be used for acquisition of art as provided in §§1-22-9 to 1-22-17, inclusive, and for expenses incurred in the administration of §§1-22-9 to 1-22-17, inclusive. The fund may derive income from:
(1)Repealed by SL 2005, ch 15, §2
(2)Grants;
(3)Gifts; or
(4)Other appropriations made by the Legislature.
Source:
SL 1989, ch 14, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §81; SL 2005, ch 15, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §68, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-12 - Administration by council--Annual report.

1-22-12. Administration by council--Annual report.
The council shall administer §§1-22-9 to 1-22-17, inclusive. The council shall make an annual report to the Legislature of all activity under §§1-22-9 to 1-22-17, inclusive.
Source:
SL 1989, ch 14, §4; SL 2009, ch 1, §118.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-13 - Inventory--Examination of artwork--Restoration, repair, and replacement of artwork.

1-22-13. Inventory--Examination of artwork--Restoration, repair, and replacement of artwork.
The council shall keep an inventory of the works of art acquired pursuant to §§1-22-9 to 1-22-17, inclusive. It shall also periodically review and examine such artwork, reporting to the Legislature when restoring, repairing, or replacing any work of art is necessary.
Source:
SL 1989, ch 14, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-14 - Selection of artists--Advice of panel--Restrictions on panel.

1-22-14. Selection of artists--Advice of panel--Restrictions on panel.
Artists to create works of art and works of art to be acquired pursuant to §§1-22-9 to 1-22-17, inclusive, shall be selected by the council, with the advice of a panel specifically chosen for each project, pursuant to procedures, promulgated pursuant to chapter 1-26, established by the council. South Dakota artists shall receive preferential consideration in the selection process. Each panel shall contain a representative of the community. No panel member may be paid except for reimbursement for necessary costs and travel expenses. No panel member or any member of any panel member's family may be considered in the selection of an artist. All meetings and deliberations by the panel shall be open and public. The panel shall cooperate with other local and national art agencies.
Source:
SL 1989, ch 14, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-15 - Exemption from bidding requirements.

1-22-15. Exemption from bidding requirements.
The acquisition of art under §§1-22-9 to 1-22-17, inclusive, is exempt from all state bidding requirements.
Source:
SL 1989, ch 14, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-16 - Rights to ownership of acquired artwork.

1-22-16. Rights to ownership of acquired artwork.
The state shall receive the rights to sole ownership and public display of all art acquired under §§1-22-9 to 1-22-17, inclusive, subject to the following rights retained by the artist:
(1)The right to claim authorship of the work of art;
(2)The right to have the artist's name associated with the work;
(3)The right to prevent degradation, mutilation, or aesthetic ruining of the work;
(4)The right to reproduce such work of art, including all rights to which the work of art may be subject under copyright laws, including derivative and publishing rights but excluding rights to public display. Such rights may be limited by written consent;
(5)If provided by written consent, the right to receive a specified percentage of the proceeds if the work of art is subsequently sold by the state to a third party other than as part of a sale of the building in which the work of art is located;
(6)If provided by written consent, the artist's rights may extend to the artist's heirs, assignees, or personal representative until the end of the twentieth year following the death of such artist.
Source:
SL 1989, ch 14, §8; SL 2009, ch 1, §119.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-17 - Alternatives not precluded.

1-22-17. Alternatives not precluded.
Nothing in §§1-22-9 to 1-22-17, inclusive, may be construed as precluding the placement or purchase of other works of art. Nor may anything in §§1-22-9 to 1-22-17, inclusive be construed as precluding the use of ornamental detailing, or other architectural, functional, or structural garnishing in constructing public buildings or facilities.
Source:
SL 1989, ch 14, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-1 - Definition of terms.

1-24-1. Definition of terms.
Terms used in this chapter mean:
(1)"Participating public agency," any public agency which has elected to participate in a pool arrangement;
(2)"Public agency," any county, municipality, township, school district, consumers power district or drainage district of the State of South Dakota; any agency of South Dakota state government or of the United States; any political subdivision of this state; any political subdivision of another adjacent state; and any Indian tribe;
(3)"State," a state of the United States and the District of Columbia;
(4)"State agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty; provided that the term shall not include the legislative or judicial branch of the government of the state or units of local government, including but not limited to counties, townships, municipalities, chartered governmental units, or school or other special districts, or Indian tribes.
Source:
SL 1966, ch 187, §1; SL 1970, ch 9; SL 1974, ch 13; SL 1974, ch 14, §1; SL 1975, ch 14, §1; SL 1976, ch 12; SL 1991, ch 11, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-2 - Joint exercise of powers authorized--Exceptions.

1-24-2. Joint exercise of powers authorized--Exceptions.
Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of South Dakota state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges, and authority conferred by §§1-24-2 to 1-24-9, inclusive, upon a public agency. The provisions of this section do not apply to the power to tax or police powers, unless jointly held or otherwise authorized by law.
Source:
SL 1966, ch 187, §2; SL 1986, ch 19; SL 1990, ch 17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-3 - Agreements for cooperative action authorized--Approval by governing bodies.

1-24-3. Agreements for cooperative action authorized--Approval by governing bodies.
Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of §§1-24-2 to 1-24-9, inclusive. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.
Source:
SL 1966, ch 187, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-4 - Contents of agreement.

1-24-4. Contents of agreement.
Any such agreement shall specify the following:
(1)Its duration;
(2)The precise organization, composition, and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created;
(3)Its purpose or purposes;
(4)The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
(5)The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
(6)Any other necessary and proper matters.
Source:
SL 1966, ch 187, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-5 - Provisions for control agency and property.

1-24-5. Provisions for control agency and property.
In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to the items enumerated in §1-24-4, contain the following:
(1)Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board public agencies party to the agreement shall be represented; and
(2)The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.
Source:
SL 1966, ch 187, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-6 - Agreements to be approved by state agency.

1-24-6. Agreements to be approved by state agency.
In the event that an agreement made pursuant to §§1-24-2 to 1-24-9, inclusive, shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction.
Source:
SL 1966, ch 187, §7; SL 1973, ch 8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-6.1 - Agreements filed with attorney general and Legislative Research Council--Time.

1-24-6.1. Agreements filed with attorney general and Legislative Research Council--Time.
A copy of any agreement entered into pursuant to this chapter to which any state agency is a party shall be filed with the attorney general and the Legislative Research Council not more than fourteen days after being executed.
Source:
SL 1975, ch 14, §2; SL 1976, ch 13; SL 1980, ch 15, §4; SL 1980, ch 16.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-7 - Appropriation of funds and services to carry out agreement.

1-24-7. Appropriation of funds and services to carry out agreement.
Any public agency entering into an agreement pursuant to §§1-24-2 to 1-24-9, inclusive, may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish.
Source:
SL 1966, ch 187, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-8 - Contracts for service by public agencies.

1-24-8. Contracts for service by public agencies.
Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which any public agency entering into the contract is authorized by law to perform; provided, however, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.
Source:
SL 1966, ch 187, §9; SL 1974, ch 14, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-9 - Agencies not relieved from obligations by agreement.

1-24-9. Agencies not relieved from obligations by agreement.
No agreement made pursuant to §§1-24-2 to 1-24-8, inclusive, shall relieve any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, which performance may be offered in satisfaction of the obligation or responsibility.
Source:
SL 1966, ch 187, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-10 - Severability of provisions.

1-24-10. Severability of provisions.
If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Source:
SL 1966, ch 187, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-11 - Pool arrangement defined.

1-24-11. Pool arrangement defined.
For the purposes of §§1-24-11 to 1-24-17, inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, by which one or more public agencies have provided for the payment of claims, liabilities, or other expenses or otherwise provided for or obtained coverage for property, personal injury, and workers compensation claims or group life, health, or accident coverage.
Source:
SL 1991, ch 11, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-12 - Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity.

1-24-12. Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity.
The provisions of this chapter are applicable to and authorize and establish the enforceability and validity of pool arrangements entered into by participating public agencies to provide for payment of valid claims against participating public agencies and their officers and employees for liability they may incur which is not avoidable under the tenth or eleventh amendments of the United States Constitution, including liability coverage for property, personal injury and workers compensation claims and group life, health and accident coverage. Nothing in §§1-24-11 to 1-24-17, inclusive, constitutes an abrogation, change, waiver or modification of the doctrine of governmental or sovereign immunity created by any statute, judicial opinion, ordinance, resolution or tort claims act nor may §§1-24-11 to 1-24-17, inclusive, create any cause of action in federal court or under federal law. A pool arrangement authorized by §§1-24-11 to 1-24-17, inclusive, may provide coverages, services or benefits only for or on behalf of the participating public agencies in any given pool arrangement.
Source:
SL 1991, ch 11, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-13 - Resolution or ordinance authorizing payment of premiums pursuant to pool arrangement--Payment.

1-24-13. Resolution or ordinance authorizing payment of premiums pursuant to pool arrangement--Payment.
If a public agency participates in a pool arrangement which is funded by the health and educational facilities authority pursuant to §1-24-14, then the obligation to pay premiums and other amounts pursuant to such pool arrangement shall be sufficiently authorized and evidenced by a duly authorized resolution or ordinance approved and filed as provided by §§1-24-6 and 1-24-6.1 and no further proceedings, notice or approval may be required to evidence such obligations. On and after the date of such approval and filing, the obligation of any participating public agency to pay premiums or other obligations described in such resolution, ordinance or other instrument relating to the pool arrangement shall be deemed a noncancelable current expense for services rendered to and benefits received by such participating public agency in the year such premium or other obligations shall become payable notwithstanding the year in which such resolution, ordinance or other instrument relating to the pool arrangement was adopted or executed, and whether or not such obligations are supported by an irrepealable tax levy and whether or not such participating public agency has exercised any contractual right to cancel participation in the pool arrangement for any future fiscal year or portion thereof.
Source:
SL 1991, ch 11, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-14 - Funding arrangements with health and educational facilities authority.

1-24-14. Funding arrangements with health and educational facilities authority.
Any public agency may enter into one or more pool arrangements with other public agencies and may enter into funding arrangements with the health and educational facilities authority and other public agencies, including agreements pursuant to which a public agency agrees to pay premiums and other charges for coverage or other benefits provided by such pool arrangement.
Source:
SL 1991, ch 11, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-15 - Agreements for investment of public moneys.

1-24-15. Agreements for investment of public moneys.
Any public body or participating public agency may enter into agreements or other arrangements for the investment of public moneys or other funds with the authority under the provisions of §1-16A-19 so long as the agreement or other arrangement relates to a loan, lease or other financing which is authorized to be undertaken by the authority under chapter 1-16A.
Source:
SL 1991, ch 11, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-16 - Election when agreement pledges full faith and credit of public agency.

1-24-16. Election when agreement pledges full faith and credit of public agency.
The election provisions of chapter 6-8B apply if a public agency issues any obligation or enters into any agreement in connection with a pool arrangement which includes an express pledge of the full faith and credit of the public agency and, in support thereof, a specific irrepealable covenant of the public agency to levy taxes in a future fiscal year in an amount necessary to pay premiums or other obligations in connection with such pool arrangement. If any such obligation or agreement does not include an express pledge of the full faith and credit of the public agency and a specific irrepealable covenant to levy taxes in a future fiscal year in an amount necessary to pay premiums or other such obligations in connection with such pool arrangement, then no election may be required to issue such obligations or enter into such agreements.
Source:
SL 1991, ch 11, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-17 - Pool arrangement, agreement, or financing not to be considered insurance or insurance company.

1-24-17. Pool arrangement, agreement, or financing not to be considered insurance or insurance company.
No pool arrangement and no agreement or financing in connection therewith may be considered insurance nor may any such pool arrangement, agreement, or financing be considered to be an insurance company under the laws of South Dakota nor may any such pool arrangement, agreement, or financing be under the jurisdiction of the commissioner of insurance.
Source:
SL 1991, ch 11, §13.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-17.1 - Annual audit of pooling arrangement financial statements--Filing with Department of Legislative Audit--Availability to public.

1-24-17.1. Annual audit of pooling arrangement financial statements--Filing with Department of Legislative Audit--Availability to public.
Each pool arrangement, as defined in §1-24-11, shall have an annual audit of its financial statements conducted in accordance with generally accepted government auditing standards. A copy of the audited financial statements shall be filed with the Department of Legislative Audit within twelve months of the close of the previous fiscal year for the pool arrangement. The department shall make audited financial statements filed pursuant to this section available to the public on the department's website. The auditor-general may examine all financial records, related to funds provided by the state or its political subdivisions, of any pool arrangement if deemed necessary and in the public interest by the auditor-general.
Source:
SL 2016, ch 7, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-19 - Political subdivisions authorized to form separate administrative or legal entity.

1-24-19. Political subdivisions authorized to form separate administrative or legal entity.
Notwithstanding the provisions of Titles 7, 9, and 13, two or more political subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to establish an administrative or separate legal entity upon a motion approved by a majority vote of all participating governing bodies. Such agreement may be entered into for economic development purposes or to provide greater efficiency or improved services among the governing bodies entering into the agreement. The governing body of the joint entity shall be composed of the elected officials from the participating governing bodies. The agreement shall set forth the portion of support provided by each governing body. The joint entity may not levy property taxes, but may operate enterprise functions, set fees for services, employ staff, and own real or personal property. The joint entity may borrow funds to finance the purchase of real or personal property or to construct facilities. Any financing by bonds or other method shall require approval by more than sixty percent of the members of each participating governing board. The joint entity may enter into multiyear contracts. The joint entity shall follow all statutory requirements for public notice of meetings, publication of minutes, open meetings, the letting of public contracts, conflict of interest, disposal of surplus property, and audits.
Source:
SL 1995, ch 7, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-20 - Reciprocal interstate agreements for purpose of law enforcement.

1-24-20. Reciprocal interstate agreements for purpose of law enforcement.
Any two or more public agencies with law enforcement powers may enter into reciprocal interstate agreements to allow their respective certified law enforcement officers to cross state lines to provide assistance to the requesting agency.
Source:
SL 1997, ch 9, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-21 - Liability of law enforcement officers acting in reciprocal capacity.

1-24-21. Liability of law enforcement officers acting in reciprocal capacity.
Any certified law enforcement officer acting under a reciprocal interstate law enforcement agreement shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction and shall have the same authority as any other certified law enforcement officer of the requesting agency. A certified law enforcement officer is any employee of the public agency who is certified as a law enforcement officer under its state laws and is responsible for the prevention and detection of crime and the enforcement of criminal or traffic laws in their respective jurisdictions.
Source:
SL 1997, ch 9, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-22 - Agreements of parties to an interstate law enforcement agreement.

1-24-22. Agreements of parties to an interstate law enforcement agreement.
In addition to the other requirements in chapter 1-24, the parties to an interstate law enforcement agreement shall agree to the following:
(1)That all law enforcement officers subject to the agreement shall be trained and certified as law enforcement officers in accordance with the laws of the state where such officers are employed, and if so trained and certified shall have the authority to act as a law enforcement officer within the jurisdiction of the requesting agency while responding to the request; and
(2)Any law enforcement officer responding to a request shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage for those certified law enforcement officers responding to requests.
Source:
SL 1997, ch 9, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-23 - Approval of Governor required for reciprocal agreements.

1-24-23. Approval of Governor required for reciprocal agreements.
All reciprocal interstate law enforcement agreements must be approved by the Governor.
Source:
SL 1997, ch 9, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-24 - Agreement with Indian tribe regarding high school equivalency test administered on Indian reservation.

1-24-24. Agreement with Indian tribe regarding high school equivalency test administered on Indian reservation.
The Governor of the State of South Dakota is hereby authorized to enter into an agreement under the provisions of this chapter with any federally recognized Indian tribe. The purpose of any agreement entered into pursuant to this section is to allow the Indian tribes to select the high school equivalency test that is administered at testing sites located within the exterior boundaries of Indian reservations within the state.
Source:
SL 2016, ch 8, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24 - Joint Exercise Of Governmental Powers › Section 1-24-25 - Term of agreement regarding high school equivalency test--Renewal.

1-24-25. Term of agreement regarding high school equivalency test--Renewal.
Any agreement reached pursuant to §1-24-24 shall be for a term not to exceed five years. An agreement, however, is renewable upon expiration by the mutual consent of the parties.
Source:
SL 2016, ch 8, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24A - Private Consultants To State Agencies › Section 1-24A-1 - Consulting contracts filed with state auditor--Time.

1-24A-1. Consulting contracts filed with state auditor--Time.
A copy of all consulting contracts entered into by a state agency with a nongovernmental party shall be filed by the agency with the state auditor within five days after such contract is entered into and finally approved by the contracting parties.
Source:
SL 1980, ch 15, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24A - Private Consultants To State Agencies › Section 1-24A-2 - State agency defined.

1-24A-2. State agency defined.
The term "state agency," as used in §1-24A-1, means any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty.
Source:
SL 1980, ch 15, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 24A - Private Consultants To State Agencies › Section 1-24A-3 - Consulting contract defined.

1-24A-3. Consulting contract defined.
The term "consulting contract," as used in §1-24A-1, means a written contract or written agreement for consulting services to the state paid out of contractual services accounts as defined by the state accounting manual, in effect as of January 1, 1980.
Source:
SL 1980, ch 15, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-1 - Official meetings open to public--Exceptions--Public comment--Violation as misdemeanor.

1-25-1. Official meetings open to public--Exceptions--Public comment--Violation as misdemeanor.
The official meetings of the state and its political subdivisions are open to the public unless a specific law is cited by the state or the political subdivision to close the official meeting to the public.
It is not an official meeting of one public body if its members provide information or attend the official meeting of another public body for which the notice requirements of §1-25-1.1 or 1-25-1.3 have been met. It is not an official meeting of a public body if its members attend a press conference called by a representative of the public body.
For any event hosted by a nongovernmental entity to which a quorum of the public body is invited and public policy may be discussed, but the public body does not control the agenda, the political subdivision may post a public notice of a quorum, in lieu of an agenda. The notice of a quorum shall meet the posting requirements of §1-25-1.1 or 1-25-1.3 and shall contain, at a minimum, the date, time, and location of the event.
The public body shall reserve at every official meeting a period for public comment, limited at the public body's discretion as to the time allowed for each topic and the total time allowed for public comment, but not so limited as to provide for no public comment.
Public comment is not required at official meetings held solely for the purpose of meeting in executive session, an inauguration, swearing in of newly elected officials, or presentation of an annual report to the governing body, regardless of whether the activity takes place at the time and place usually reserved for an official meeting.
If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meet solely for purposes of implementing previously publicly adopted policy; carrying out ministerial functions of that township, district, or municipality; or undertaking a factual investigation of conditions related to public safety; the meeting is not subject to the provisions of this chapter.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, §9; SL 1989, ch 15, §1A; SL 1990, ch 18, §1; SL 1990, ch 30, §1; SL 1993, ch 17; SL 2005, ch 16, §1; SL 2008, ch 13, §1; SL 2010, ch 9, §2; SL 2012, ch 5, §1; SL 2013, ch 8, §1; SL 2016, ch 9, §1; SL 2018, ch 14, §1; SL 2019, ch 3, §2; SL 2023, ch 5, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-1.1 - Notice of meeting of political subdivision--Agenda--Violation as misdemeanor.

1-25-1.1. Notice of meeting of political subdivision--Agenda--Violation as misdemeanor.
Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the political subdivision holding the meeting. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the political subdivision's website upon dissemination of the notice, if a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each political subdivision shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1987, ch 22, §2; §1-25-1.2; SL 1990, ch 19; SL 1990, ch 30, §2; SL 2012, ch 6, §1; SL 2013, ch 9, §1; SL 2015, ch 11, §1; SL 2016, ch 10, §1; SL 2019, ch 3, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-1.3 - Notice of meeting of the state--Agenda--Violation as misdemeanor.

1-25-1.3. Notice of meeting of the state--Agenda--Violation as misdemeanor.
The state shall provide public notice of a meeting by posting a copy of the proposed agenda at the principal office of the board, commission, or department holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, and be visible, readable, and accessible to the public. The agenda shall be posted at least seventy-two hours before the meeting is scheduled to start according to the agenda. The seventy-two hours does not include Saturday, Sunday, or legal holidays. The notice shall also be posted on a state website, designated by the commissioner of the Bureau of Finance and Management. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, the state shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2016, ch 10, §2; SL 2017, ch 7, §1; SL 2017, ch 8, §1; SL 2019, ch 3, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-1.4 - Information to be posted on state website.

1-25-1.4. Information to be posted on state website.
Any state board, commission, or department that is required to provide public notice of its meetings pursuant to §1-25-1.3 shall make available on a state website designated by the commissioner of the Bureau of Finance and Management, if the information exists:
(1)Financial statements;
(2)Audit reports;
(3)A list of the members of the board or commission;
(4)A schedule of future meetings;
(5)Public meeting materials that are available before a public meeting;
(6)Meeting minutes; and
(7)Annual reports.
Source:
SL 2017, ch 8, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-1.5 - Teleconference meeting or hearing--Quorum--Vote.

1-25-1.5. Teleconference meeting or hearing--Quorum--Vote.
Any official meeting may be conducted by teleconference. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to §1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference may be taken by voice vote. If any member votes in the negative, the vote shall proceed to a roll call vote.
Source:
SL 2019, ch 3, §3; SL 2021, ch 9, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-1.6 - Public participation in teleconference meeting.

1-25-1.6. Public participation in teleconference meeting.
At any official meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, that has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to official meetings closed to the public pursuant to specific law.
Source:
SL 2019, ch 3, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-2 - Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.

1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
(1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor;
(2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;
(3)Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;
(4)Preparing for contract negotiations or negotiating with employees or employee representatives;
(5)Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or
(6)Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to:
(a)Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts;
(b)Emergency management or response;
(c)Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed;
(d)Cyber security plans, computer, communications network schema, passwords, or user identification names;
(e)Guard schedules;
(f)Lock combinations;
(g)Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and
(h)Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel.
However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in §1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, §10; SL 1987, ch 22, §1; SL 2014, ch 90, §2; SL 2019, ch 2, §1; SL 2022, ch 4, § 2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-3 - Minutes of proceedings--Availability to public--Violation as misdemeanor.

1-25-3. Minutes of proceedings--Availability to public--Violation as misdemeanor.
The state shall keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in this section shall report how each individual member voted on any motion on which a roll call vote is taken. The minutes shall be available for inspection by the public at all times at the principal place of business of the board or commission. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1953, ch 307; SDC Supp 1960, §55.2917; SL 1966, ch 165, §16; SL 1980, ch 24, §11; SL 1996, ch 9, §1; SL 2015, ch 12, §1; SL 2019, ch 3, §8.