reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-18 - Evaluation criteria to be stated in request for proposals.

5-18D-18. Evaluation criteria to be stated in request for proposals.
The request for proposals shall state the relative importance of evaluation criteria to be used in the ranking of prospective contractors. The agency shall include the following evaluation criteria in any request for proposals:
(1)Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;
(2)Resources available to perform the work, including any specialized services, within the specified time limits for the project;
(3)Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;
(4)Availability to the project locale;
(5)Familiarity with the project locale;
(6)Proposed project management techniques; and
(7)Ability and proven history in handling special project constraints.
Source:
SL 2010, ch 31, §112.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-19 - Discussion and negotiation of project.

5-18D-19. Discussion and negotiation of project.
The agency and the highest ranked contractor shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule. The compensation level paid shall be reasonable and fair to the agency, as determined by the agency. If the agency and the highest ranked contractor are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, by notification either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor. The negotiation process may continue through successive contractors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process.
Source:
SL 2010, ch 31, §113.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-20 - Register of proposals for professional service contract--Confidential information.

5-18D-20. Register of proposals for professional service contract--Confidential information.
A register of proposals shall be prepared and maintained by any state agency issuing a request for proposals for a professional service contract. The register shall contain the names of any person whose qualifications were considered and the name of the person that was awarded the contract. Any professional service contract and the documentation that was the basis for the contract is public except for proprietary information which shall remain confidential. The qualifications and any other documentation of any person not issued a contract shall remain confidential.
Source:
SL 2010, ch 31, §114.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-21 - Exemption of certain professional service contracts.

5-18D-21. Exemption of certain professional service contracts.
The provisions of §§5-18D-17 to 5-18D-20, inclusive, do not apply to contracts issued for:
(1)Services of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required;
(2)Emergency services necessary to meet an urgent or unexpected requirement or if health and public safety or the conservation of public resources is at risk;
(3)Services subject to federal law, regulation, or policy or state statute, under which a state agency is required to use a different selection process or to contract with an identified contractor or type of contractor;
(4)Services for professional legal services;
(5)Services of expert witnesses, hearing officers, or administrative law judges retained by state agencies for administrative or court proceedings;
(6)Services involving state or federal financial assistance passed through by a state agency to a political subdivision;
(7)Medical services and home and community-based services;
(8)Services to be performed for a state agency by another state or local government agency or contracts made by a state agency with a local government agency for the direct provision of services to the public; or
(9)Services to be provided by entertainers for the state fair and other events.
Source:
SL 2010, ch 31, §115.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-22 - Effect on time deadline in contested case.

5-18D-22. Effect on time deadline in contested case.
Notwithstanding any other provisions of law, an agency that is required to issue a decision in a contested case proceeding in one year or less may increase its statutory deadline for issuing the agency decision by sixty days if the agency seeks to enter into a professional services contract covered by §§5-18D-17 to 5-18D-20, inclusive.
Source:
SL 2010, ch 31, §116.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-23 - Notice of intent to purchase property or liability insurance or performance bonds.

5-18D-23. Notice of intent to purchase property or liability insurance or performance bonds.
The Bureau of Administration shall publish notice of its intent to purchase property or liability insurance or performance bonds. Publication of a notice containing a description of the coverage sought as a display advertisement in at least three newspapers of general circulation in different parts of the state at least sixty days prior to the purchase, along with publication in the South Dakota Register, shall be considered compliance with the notice requirements of this section.
The notice provisions of this section do not apply to expenditures of less than five thousand dollars.
Source:
SL 2010, ch 31, §117.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-24 - Bureau record keeping.

5-18D-24. Bureau record keeping.
The Bureau of Administration shall keep suitable records in which shall be recorded all requisitions for public printing, stationery, and supplies, all advertisements, bids, certified checks, bonds, contracts, orders, vouchers, and all acts and proceedings taken under the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18C. All requisitions, advertisements, bids, certified checks, bonds, specifications, schedules of specifications, contracts, reports, and any other papers or documents executed under the provisions of this chapter and chapters 5-18A, 5-18B, and 5-18C shall constitute the files in the bureau, except as otherwise provided for in this chapter and chapters 5-18A, 5-18B, and 5-18C.
Source:
SL 2010, ch 31, §119.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-25 - Motor vehicle procurement.

5-18D-25. Motor vehicle procurement.
The procurement of motor vehicles by the state shall only be from authorized dealers licensed by the State of South Dakota.
Source:
SL 2010, ch 31, §93.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-26 - State auditor stop order .

5-18D-26. State auditor stop order.
The state auditor may stop the letting or the execution of any contract with the state, or with any state officer, commission, board, institution, or agency by serving a written notice of the order on the officer, commission, or board involved, the secretary of state, the attorney general, and on the contractor, if any, stating the grounds on which the state auditor has determined that the contract is illegal, unauthorized, or improper.
Source:
SL 2010, ch 31, §24.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-27 - Appeal of state auditor stop order.

5-18D-27. Appeal of state auditor stop order.
From any order or decision of the state auditor stopping execution of any contract obligation of the state, any person aggrieved or interested may appeal to the State Board of Finance at any time within twenty days after the stop order was filed with either the attorney general, the secretary of state, the state treasurer, or the department involved by serving notice of appeal on the state auditor and the Governor. The notice shall state the decision being appealed and shall ask for a hearing on the appeal. Upon receiving the notice, the Governor shall call a meeting of the State Board of Finance. The board shall consider the appeal, make a decision, enter the decision in the journal, and give notice to the appellant and the department involved. Any order of the Board of Finance as expressed in the board's decision is binding upon the state department, institution, agency, or office involved and shall be carried out accordingly.
Source:
SL 2010, ch 31, §25.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 18D - Procurement By State Agencies › Section 5-18D-28 - Criminal background checks for state contractors and subcontractors.

5-18D-28. Criminal background checks for state contractors and subcontractors.
The state shall notify each current or prospective contractor or subcontractor that the awarding of a contract with the state has granted or will grant access to confidential information obtained from the United States Internal Revenue Service or an authorized secondary source. Each person who is granted access to the confidential information as a result of entering into a contract with the state shall submit to and successfully pass a state and federal criminal background investigation. The contractor or subcontractor shall submit to a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation before being granted access to any confidential information. The appointing authority shall submit the completed fingerprint card to the Division of Criminal Investigation.
Each contract entered into by the state where access to confidential information obtained from the United States Internal Revenue Service or from an authorized secondary source is granted to a contractor or a subcontractor shall include terms regarding which party is responsible for payment of any fee charged for the cost of fingerprinting or the criminal background investigation and regarding the potential event that a disqualifying record is discovered through the background investigation process.
Source:
SL 2017, ch 24, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-1 - Surety bond required--Obligation of prompt payment of laborers and materialmen.

5-21-1. Surety bond required--Obligation of prompt payment of laborers and materialmen.
Except as provided in §31-12-15, when any contract is entered into for the construction of public improvement or the furnishing of any material or labor therefor, the contractor is required, before commencing such work, to furnish surety in an amount not less than the contract price, for the faithful performance of the contract, with the additional obligation that the contractor shall promptly pay all persons supplying him with labor or material in the prosecution of the work provided for in the contract.
Source:
SL 1907, ch 138, §1; SL 1909, ch 245, §1; RC 1919, §8215; SDC 1939, §65.0702; SL 1939, ch 300, §7; SL 1987, ch 60, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-1.1 - Waiver of performance security requirement on contracts under certain amount.

5-21-1.1. Waiver of performance security requirement on contracts under certain amount.
The requirement of a performance security may be waived by a public corporation if the bid submitted does not exceed the limit established pursuant to §5-18A-14 for a public improvement.
Source:
SL 1968, ch 276; SL 1977, ch 51, §2; SL 1985, ch 42, §3; SL 1988, ch 56, §3; SL 2015, ch 52, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-1.3 - Waiver of performance security requirement for emergency procurement.

5-21-1.3. Waiver of performance security requirement for emergency procurement.
The requirement of a performance security may be waived by a public corporation if the procurement meets the requirements established pursuant to §5-18A-9.
Source:
SL 2016, ch 41, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-2 - Public corporation's civil liability for failure to require bond for protection of laborers and materialmen.

5-21-2. Public corporation's civil liability for failure to require bond for protection of laborers and materialmen.
In case any such public corporation shall fail or neglect to require the execution of the surety provided for in §5-21-1, such public corporation shall be liable to pay any person who shall have performed labor or furnished any material that entered into the erection, alteration, repair or improvement of such building, the value of such work or material and an action may be maintained therefor; provided, that an action brought under the provisions of this section shall be commenced within ninety days from the acceptance of the work for which the same shall be claimed.
Source:
SL 1909, ch 245, §2; RC 1919, §8217; SDC 1939, §65.0704; SL 1939, ch 300, §9.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-3 - Surety bond to cover use tax liability--Amount of liability.

5-21-3. Surety bond to cover use tax liability--Amount of liability.
If a contract is entered into for the construction, alteration, or repair of improvements to be located in this state, including public improvements, and the contractor or subcontractor furnishes surety for the faithful performance of the contract, there is hereby imposed an additional obligation upon the surety to the State of South Dakota that the contractor or subcontractor shall promptly pay all taxes which may accrue to the State of South Dakota under the provisions of chapters 10-46, 10-46A, and 10-46B. For the purposes of this section and §5-21-4 the term, surety, means a bond or undertaking executed by a surety company authorized to do business in the State of South Dakota.
Source:
SL 1957, ch 479, §§1, 2; SDC Supp 1960, §65.0702-1; SL 1992, ch 48, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-4 - Notice of surety bond to secretary of revenue--Termination of surety's liability for use and excise tax.

5-21-4. Notice of surety bond to secretary of revenue--Termination of surety's liability for use and excise tax.
The surety within sixty days after entering into such performance bond shall send notice of the bond to the secretary of revenue. Six months after the completion of the contract and the acceptance of the improvement by the owner thereof, the additional obligation imposed upon the surety shall cease unless written notice, within such period of time, of unpaid use taxes and contractors' excise taxes, is given to the surety by the secretary of revenue.
Source:
SL 1957, ch 479, §2; SDC Supp 1960, §65.0702-1; SL 1992, ch 48, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-5 - Laborers' and materialmen's right to intervene in action against public contractor--Pro rata distribution if surety's liability insufficient.

5-21-5. Laborers' and materialmen's right to intervene in action against public contractor--Pro rata distribution if surety's liability insufficient.
Any person who has furnished labor or material used in the construction of any such public improvement as described in §5-21-1, payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the public corporation on the surety, and to have his rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of such public corporation. If the full amount of liability of the surety company is insufficient to pay the full amount of such claims and demands, then, after paying the full amount due the public corporation, the remainder shall be distributed pro rata among such interveners.
Source:
SL 1907, ch 138, §1; SL 1909, ch 245, §1; RC 1919, §8215; SDC 1939, §65.0702; SL 1939, ch 300, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-6 - Action by laborer or materialman on public contractor's bond--Limitation of action--Intervention by other claimants--Costs.

5-21-6. Action by laborer or materialman on public contractor's bond--Limitation of action--Intervention by other claimants--Costs.
If no suit should be brought by the public corporation within six months from the completion and final settlement of such contract, the person supplying the contractor with labor or material shall, upon application therefor and furnishing affidavit to the corporation that labor or material for the prosecution of such work has been supplied by him and payment for the same has not been made, be furnished with a certified copy of such contract and surety, upon which he shall have a right of action and shall be authorized to bring suit in the name of the public corporation in the circuit court for the county in which such contract was to be performed and not elsewhere, for his use and benefit, against such contractor and his surety, and to prosecute the same to final judgment; provided, that where suit is instituted by any such person on the surety of the contractor, it shall not be commenced until six months after the complete performance of such contract and final settlement thereof but must be commenced within one year thereafter; provided, further, that where suit is so instituted by any such person, only one action shall be brought, and any person may file his claim in such action and be made a party thereto within one year from the completion of the work under such contract, and not later; and provided, further, that costs shall not be taxed in such suit against the public corporation.
Source:
SL 1907, ch 138, §2; RC 1919, §8216; SDC 1939, §65.0703; SL 1939, ch 300, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-7 - Pro rata distribution among claimants if bond insufficient--Surety relieved from liability by payment into court.

5-21-7. Pro rata distribution among claimants if bond insufficient--Surety relieved from liability by payment into court.
If recovery on the bond should be inadequate to pay the amounts found due all such persons, judgment shall be given to each person for his pro rata of the amount of recovery. The surety company may pay into court for distribution among such claimants and creditors the full amount of the penalty named in the bond, less any amount which such surety company may have paid to the public corporation by reason of the execution of such bond, and upon so doing the surety company shall be relieved from further liability.
Source:
SL 1907, ch 138, §2; RC 1919, §8216; SDC 1939, §65.0703; SL 1939, ch 300, §8.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 21 - Performance Bonds For Public Improvement Contracts › Section 5-21-8 - Personal and public notice to creditors of action on public contractor's bond.

5-21-8. Personal and public notice to creditors of action on public contractor's bond.
In all suits instituted under the provisions of §§5-21-5 and 5-21-6, personal notice of the pendency of such suit, informing them of their right to intervene, as the court may order, shall be given to all known creditors, and in addition thereto notice shall be given by publication in some newspaper of general circulation, published in the county where the contract is being performed once each week for at least two successive weeks with the first publication to be made at least three months before the time limited therefor.
Source:
SL 1907, ch 138, §2; RC 1919, §8216; SDC 1939, §65.0703; SL 1939, ch 300, §8; SL 1972, ch 33, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-1 - Mechanics' and materialmen's lien on amounts due under contract.

5-22-1. Mechanics' and materialmen's lien on amounts due under contract.
Any person who shall furnish skill, labor, materials, machinery, or supplies, services, or equipment, in connection with the carrying on of any work of construction, alteration, or repair of any public improvement work of the State of South Dakota, or any of its political subdivisions including counties, townships, municipalities, school districts, drainage districts, and any departments, bureaus, agencies, or commissions thereof to any person who shall have made any contract or subcontract therefor, shall have a lien for the same upon all moneys in the control of such public body due or to become due under such contract.
Source:
SL 1895, ch 133, §§1, 9; RCCivP 1903, §§713, 721; RC 1919, §§1660, 1668; SL 1925, ch 221; SL 1929, ch 213; SDC 1939, §39.0901.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-2 - Filing with public officer of account of claim--Effect of late filing--Agreed statement as equivalent of account.

5-22-2. Filing with public officer of account of claim--Effect of late filing--Agreed statement as equivalent of account.
Every person wishing to avail himself of the provisions of the statutes providing liens on proceeds of public improvement contracts shall, within twenty days after any item claimed by him shall have been furnished or any work done by him shall have been performed, file with the officer of such public body who is by law made the custodian of its official records, a just and true account of the demand due or to become due him after allowing all credits and verified by his affidavit. A failure to file the same within the time aforesaid shall not defeat the lien upon the amount remaining due to the contractor at the time of filing. If any person who shall have performed labor or furnished materials as provided in this chapter shall procure from the contractor a settlement and statement of his account, signed by the contractor and verified by his own affidavit, the same may be filed and shall have the same force and effect as the account heretofore mentioned.
Source:
SL 1895, ch 133, §2; RCCivP 1903, §714; RC 1919, §1661; SDC 1939, §39.0902.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-3 - Endorsement and report of accounts filed with public officer--Time of attachment of lien--Receipt or certified copy given.

5-22-3. Endorsement and report of accounts filed with public officer--Time of attachment of lien--Receipt or certified copy given.
The officer of the public body with whom the account is filed shall endorse upon every account so filed, the date of the filing and report the same to the next meeting of the governing board of such public body. All liens so claimed shall attach from the time of such filing. The officer shall, if demanded, give the person filing, a receipt showing such date of filing or a certified copy of the account or substantial abstract thereof and filing thereon.
Source:
SL 1895, ch 133, §3; RCCivP 1903, §715; RC 1919, §1662; SDC 1939, §39.0903.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-4 - Actions to enforce or determine lien--Parties to action--Assertion of lien by answer.

5-22-4. Actions to enforce or determine lien--Parties to action--Assertion of lien by answer.
Any person having such lien may bring an action to enforce the same in the circuit court for the county where the work or improvement or any part thereof shall be situated. Actions may likewise be commenced to determine such lien by the public body or the contractor. The plaintiff in any such action must make all persons who shall have filed liens, the contractor, and the public body parties thereto.
Any person claiming a lien, if he be a defendant, may set forth such lien by answer.
Source:
SL 1895, ch 133, §4; RCCivP 1903, §716; RC 1919, §1663; SDC 1939, §39.0904.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-5 - Judicial determination of validity of liens and order of payment.

5-22-5. Judicial determination of validity of liens and order of payment.
The court shall determine the validity of all liens filed, the amount due upon each, the amount due to the contractor, and if the amount due to the contractor be sufficient, shall order the public body to pay the amounts of all liens adjudged valid to the persons entitled to the same and the costs of the action and the residue, if any, to the contractor.
Source:
SL 1895, ch 133, §4; RCCivP 1903, §716; RC 1919, §1663; SDC 1939, §39.0904.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-6 - Pro rata distribution if contract proceeds insufficient--Deficiency judgment against contractor--Restriction on public liability.

5-22-6. Pro rata distribution if contract proceeds insufficient--Deficiency judgment against contractor--Restriction on public liability.
If the amount due the contractor shall not be sufficient to pay all liens in full, the court shall order and direct the payment of the same, after deducting the costs of the action, to the persons whose liens are adjudged valid, ratably in proportion to the amounts of their several claims; and may render proper judgment against the contractor for any deficiencies.
The public body shall not be liable in any event for more than the amount due to the contractor under provisions of these statutes for any costs of the action.
Source:
SL 1895, ch 133, §4; RCCivP 1903, §716; RC 1919, §1663; SDC 1939, §39.0904.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-7 - Limitation of actions to enforce lien.

5-22-7. Limitation of actions to enforce lien.
All claims to liens under this chapter relating to public improvement contracts shall cease to have any validity or to be binding upon the public body or the contractor under the provisions of this chapter unless an action to enforce the same as hereinbefore provided shall be commenced within thirty days from the acceptance of the work for which the same shall be claimed or unless asserted under the provisions of §§5-22-9 to 5-22-11, inclusive.
Source:
SL 1895, ch 133, §5; RCCivP 1903, §717; RC 1919, §1664; SDC 1939, §39.0905.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-8 - Discharge of lien.

5-22-8. Discharge of lien.
Any such lien may be discharged:
(1)By filing with the officer with whom the liens shall be filed a certificate of satisfaction of the claimant or his successor in interest duly acknowledged;
(2)By lapse of the time within which an action to enforce the same may be commenced without such action having been commenced;
(3)By satisfaction of any judgment that may be rendered in any action to foreclose such lien.
Source:
SL 1895, ch 133, §6; RCCivP 1903, §718; RC 1919, §1665; SDC 1939, §39.0908.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-9 - Notice by public contractor to file claims against subcontractors--Contents of notice.

5-22-9. Notice by public contractor to file claims against subcontractors--Contents of notice.
At any time after the completion of any work or improvement for any public body the contractor may issue notice as hereinafter provided, specifically stating that the improvement has been completed and requiring that all subcontractors or persons who furnished any items of labor, service, skill, material, equipment, or supplies for any subcontractor, naming them, must file their claims with the contractor within one hundred twenty days after the first publication of said notice.
The notice shall specify the name and address of the public body, department, bureau, commission, or agency thereof which caused the improvement to be made and the name and address of the contractor, and that claims shall be filed at both addresses so specified. If the contractor be a nonresident of the State of South Dakota, he shall specify a place and address within the state where claims may be filed.
Source:
SL 1929, ch 213; SDC 1939, §39.0906.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-10 - Filing and publication of notice to file claims against subcontractors.

5-22-10. Filing and publication of notice to file claims against subcontractors.
The contractor shall file such notice with the governing board of the public body in charge of the improvement, and such board shall thereupon by resolution designate a newspaper or newspapers in the vicinity of the work or improvement in which publication of said notice shall be made. The notice shall be published in such newspaper or newspapers once each week for at least two successive weeks and proof of such publication filed with the clerk, secretary, or similar officer of the public body making the improvement.
Source:
SL 1929, ch 213; SDC 1939, §39.0906; SL 1972, ch 33, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 22 - Liens Relating To Public Improvement Contracts › Section 5-22-12 - Right of action not lost by loss of lien.

5-22-12. Right of action not lost by loss of lien.
Nothing in the statutes relating to such liens on public funds unless limited as hereinbefore provided shall impair or affect the right of any person to whom any sum may be due for work, skill, services, materials, power, machinery, or supplies furnished to any contractor for any of the work hereinbefore mentioned, to maintain an action against the person liable therefor.
Source:
SL 1895, ch 133, §7; RCCivP 1903, §719; RC 1919, §1666; SDC 1939, §39.0907.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-1 - Annual inventory of personal property required of local officers and employees.

5-24-1. Annual inventory of personal property required of local officers and employees.
County, township, or municipal officers or employees, having in their custody any public personal property, requiring inventory, as defined in rules issued by the commissioner of the Bureau of Administration shall annually on the thirty-first day of December, or within ten days thereafter, make in duplicate an inventory of all the public personal property. School employees designated by the school board shall make such inventory annually by June thirtieth and file it as provided in §5-24-3.
Source:
SDC 1939, §48.0501; SL 1961, ch 257; SL 1970, ch 41; SL 1975, ch 61, §1; SL 1977, ch 54, §1; SL 1983, ch 36, §1; SL 2001, ch 31, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-1.1 - Inventory of state personal property required.

5-24-1.1. Inventory of state personal property required.
Officers and employees of each state institution and department are required to maintain an inventory of all public personal property in the manner prescribed by rule by the commissioner of the Bureau of Administration.
Source:
SL 1977, ch 54, §2; SL 1984, ch 30, §78.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-2 - Cost or value to be shown in inventory--Filing.

5-24-2. Cost or value to be shown in inventory--Filing.
The inventories required by §§5-24-1 and 5-24-1.1 shall show the actual cost for each item, or the estimated cost at the time of acquisition, if the actual cost cannot be ascertained. In the case of gifts, the estimated fair market value at the time of acquisition shall be used. The officer or employee shall retain one copy of the inventory in the officer's or employee's office. The others shall be filed as provided in §§5-24-1.1 and 5-24-3.
Source:
SL 1903, ch 220, §§1 to 3; SL 1913, ch 293, §1; RC 1919, §7048; SDC 1939, §48.0501; SL 1975, ch 61, §2; SL 1977, ch 54, §3; SL 1983, ch 36, §2; SL 1984, ch 30, §79; SL 2011, ch 2, §87.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-3 - Place of filing of duplicate inventories.

5-24-3. Place of filing of duplicate inventories.
All officers in state educational institutions shall file one copy of the annual inventory with the secretary of the Board of Regents, and one copy with the commissioner of the Bureau of Administration. All county officers and employees shall file one copy of the annual inventory with the county auditor. All municipal officers and employees shall file one copy of the annual inventory with the city auditor, finance officer, or town clerk of their respective municipalities. All township officers and employees shall file one copy of the annual inventory with the clerks of their respective townships. All school employees shall file one copy of the annual inventory with the business manager.
Source:
SL 1903, ch 220, §§1 to 3; SL 1913, ch 293, §1; RC 1919, §7048; SDC 1939, §48.0501; SL 1975, ch 61, §3; SL 1983, ch 36, §3; SL 1984, ch 30, §80.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-4 - Purchased property to be noted in inventory report.

5-24-4. Purchased property to be noted in inventory report.
When any personal property is purchased by the state or any county, municipality, township, or school district, to be utilized in pursuance of the duties of the office for which supplied, a note shall at once be made of its purchase and receipt in the inventory report for that year.
Source:
SL 1913, ch 293, §6; RC 1919, §7053; SDC 1939, §48.0504; SL 1977, ch 54, §4; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-5 - Lost or destroyed property to be noted in inventory--Date and circumstances shown.

5-24-5. Lost or destroyed property to be noted in inventory--Date and circumstances shown.
If any article in the custody of any officer or employee is lost or destroyed, the officer or employee shall make a note of the loss or destruction in the inventory for the current year, giving the date and circumstances of the loss or destruction.
Source:
SL 1903, ch 220, §4; SL 1913, ch 293, §2; RC 1919, §7049; SDC 1939, §48.0502; SL 2011, ch 2, §88.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-6 - Civil liability of officer for failure to account for property.

5-24-6. Civil liability of officer for failure to account for property.
If an officer or employee disposes of personal property without complying with the requirements of this chapter, the officer or employee, in addition to the penal penalty prescribed by law, is liable for the value thereof as shown by the last preceding inventory, to be recovered in a civil suit.
Source:
SL 1913, ch 293, §9; RC 1919, §7056; SDC 1939, §48.0506; SL 2011, ch 2, §89.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-7 - Delivery of public property to successor in office--Receipt.

5-24-7. Delivery of public property to successor in office--Receipt.
Each officer enumerated in §5-24-1, shall turn over all the public personal property in the officer's possession to the officer's successor in office. Each officer shall take the receipt of the officer's successor for all property requiring inventory, as defined in rules promulgated by the commissioner of the Bureau of Administration. The officer shall file any receipt in the offices where the officer is, by this chapter, required to file the inventory of the personal property in the officer's possession.
Each officer enumerated in §5-24-1 shall, upon assuming office, give a receipt to his or her predecessor for all public personal property requiring inventory, as defined in rules promulgated by the commissioner of the Bureau of Administration, turned over to the officer.
Source:
SL 1913, ch 293, §7; RC 1919, §7054; SDC 1939, §48.0505; SL 1975, ch 61, §4; SL 2011, ch 2, §90.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-8 - Failure to account for public property as misdemeanor.

5-24-8. Failure to account for public property as misdemeanor.
Any officer who fails to comply with any of the provisions of §§5-24-1 to 5-24-7, inclusive, is guilty of a Class 2 misdemeanor.
Source:
SL 1913, ch 293, §8; RC 1919, §7055; SDC 1939, §48.9902; SL 1980, ch 24, §75; SL 2011, ch 2, §91.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-12 - Acceptance of gifts to state--Actions for recovery.

5-24-12. Acceptance of gifts to state--Actions for recovery.
Whenever any grant, devise, bequest, donation, or gift, or assignment of money, or chose in action, of any property, real or personal, is made to this state, the Governor shall receive the gift, the title thereto shall pass to the state, and the state may, if necessary, commence proceedings for the recovery of such property. However, if such gift is subject to any preexisting condition or contractual obligation, the Governor shall receive it only after determining that it is the best interest of the state to do so. A gift may be received subject to a preexisting condition or contractual obligation which it would be otherwise illegal to impose on state property if the property were already in the possession of the state.
Source:
SDC 1939, §55.1102; SL 1949, ch 216; SL 1977, ch 54, §7; SL 1996, ch 46.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-13 - Acceptance and distribution of federal surplus property--Records.

5-24-13. Acceptance and distribution of federal surplus property--Records.
The commissioner of administration shall cooperate with the United States government, the general services administration, or any other duly constituted federal agency, by expending moneys and accepting federal surplus commodities and property for care, exchange, and distribution of them to all eligible institutions. The commissioner of administration shall appoint an administrator who shall keep and maintain an accurate record of all property received and distributed. The record is subject to audit by the Department of Legislative Audit.
Source:
SL 1953, ch 286; SL 1959, ch 292, §3; SDC Supp 1960, §55.1110; SL 1975, ch 62, §1; SL 1976, ch 62; SL 2011, ch 2, §94.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-14 - Property management internal service fund.

5-24-14. Property management internal service fund.
There is hereby created in the state treasury a property management internal service fund. The commissioner of administration shall apportion all expenses incurred in the administration and operation of the property management program to all state departments, agencies, and institutions utilizing such program. All payments received by the Bureau of Administration pursuant to this section shall be deposited in the property management internal service fund.
Source:
SL 1992, ch 47, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24 - Receipt, Care And Accounting For Public Property › Section 5-24-15 - Transfer of property from Homestake Mining Company authorized.

5-24-15. Transfer of property from Homestake Mining Company authorized.
The Governor, pursuant to §5-24-12, may accept, on behalf of the State of South Dakota, the transfer of any property or equipment from the Homestake Mining Company.
Source:
SL 2001, ch 33, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24A - Disposal Of State Surplus Property › Section 5-24A-1 - Definition of terms.

5-24A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Administrator," the director of property management for the Bureau of Administration;
(2)"Authorized entity," a political subdivision, school, Indian tribe, or any nonprofit educational or health institutions as determined under Section 501 of the Internal Revenue Code;
(3)"Bureau," the Bureau of Administration;
(4)"Cannibalization," to take salvageable parts from a disabled machine for use in building or repairing another machine; or to make use of a part taken from one thing in building or repairing something else;
(5)"Disposed," the destruction, sale, transfer, trade in, discarding, or donation of state personal property;
(6)"Fair market value," the price at which sales have been consummated for assets of like type, quality, and quantity in a particular market at time of acquisition;
(7)"Fixed asset," personal property that has an expected life exceeding one year and has an initial purchase cost of five thousand dollars or more;
(8)"Net disposal value," the fair market value less the expense of the most cost effective disposal method;
(9)"Personal property," all property which, due to its nature or physical characteristics, cannot be included within the scope or definition of real property. The term includes property capable of being moved from one place to another and usually has a useful life of temporary duration as compared to real property. The term does not include livestock, seed, nursery stock, or organisms purchased for use in research, agricultural, landscaping, or forestry activities of state institutions or agencies or products derived or made from them. The term does not include foodstuffs or inventory purchased for resale by state institutions;
(10)"Proceeds," funds derived from the sale of surplus property;
(11)"Property manager," the chief administrative officer of the agency or an authorized agent;
(12)"Public auction," either a tangible event at a public location, an electronic event which is advertised and made available to the public via the internet, or some other bid process which is advertised and made available to the public;
(13)"Public agency," any unit of state, local, or tribal government within the State of South Dakota;
(14)"Surplus property," any item of personal property that is no longer needed by the owning agency.
Source:
SL 2008, ch 32, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24A - Disposal Of State Surplus Property › Section 5-24A-2 - Disposition of surplus property by Bureau of Administration.

5-24A-2. Disposition of surplus property by Bureau of Administration.
The Bureau of Administration is responsible for the disposition of all surplus property for all state agencies. No state agency may dispose of surplus property without the written authorization of the bureau which may be in electronic format.
Source:
SL 2008, ch 32, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24A - Disposal Of State Surplus Property › Section 5-24A-3 - Declaration of surplus property required for disposition.

5-24A-3. Declaration of surplus property required for disposition.
Before any state-owned personal property is disposed of, the agency property manager shall declare the property surplus in the manner prescribed by this chapter.
Source:
SL 2008, ch 32, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24A - Disposal Of State Surplus Property › Section 5-24A-4 - Protection of surplus property prior to disposal.

5-24A-4. Protection of surplus property prior to disposal.
Any state agency is responsible for the preservation of its surplus property prior to its disposal. The agency shall make reasonable efforts to protect its surplus property from the elements, theft, or any other means of destruction or deterioration.
Source:
SL 2008, ch 32, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 24A - Disposal Of State Surplus Property › Section 5-24A-5 - Requirements for disposition.

5-24A-5. Requirements for disposition.
State-owned property may not be disposed until the following steps have been taken:
(1)The agency property manager declares the property surplus;
(2)The property manager submits a form, prescribed by the bureau, to the administrator for approval. The form shall state in part:
(a)The legal name of the state agency;
(b)The complete address or location of the surplus property;
(c)A desired method of disposal of the surplus property as authorized in this chapter;
(d)The reason the property has been declared as surplus property;
(e)An estimate, current value, suggested selling price, or minimum acceptable price;
(f)A statement that the contents of the form have been reviewed by the property manager of the agency and that the facts contained in the form are true and correct;
(g)The fixed asset number if applicable; and
(h)Any other information determined by the bureau to be necessary;
(3)The administrator shall review the request and estimate the property's fair market value. The administrator shall, thereupon, designate the manner of disposal. Written notification of the designation shall be sent to the submitting agency property manager; and
(4)The agency shall maintain a record of all property it disposes of in a manner prescribed by the bureau.
Source:
SL 2008, ch 32, §5.