reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-53 - Pledge of non-interference by state to impair terms of bonds--Liability of state on bonds.

5-12-53. Pledge of non-interference by state to impair terms of bonds--Liability of state on bonds.
The State of South Dakota pledges to and agrees with the holders of bonds issued, incurred, or created under §§5-12-48 to 5-12-59, inclusive, that the state will not limit or alter the rights and powers vested in the corporation and the authority by §§5-12-48 to 5-12-59, inclusive, so as to impair the terms of any contract made by the corporation or the authority with those holders or in any way impair the rights and remedies of those holders until such bonds, together with interest thereon, interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of those holders are fully met or discharged. In addition, the state pledges to and agrees with the holders of bonds issued, incurred, or created under §§5-12-48 to 5-12-59, inclusive, that the state will not limit or alter the basis on which tobacco settlement revenues that have been sold pursuant to §§5-12-48 to 5-12-59, inclusive, are to be paid to the corporation or the authority so as to impair the terms of any such contract. The corporation and authority each may include these pledges and agreements of the state in any contract with the holders of bonds issued, incurred, or created under §§5-12-48 to 5-12-59, inclusive.
Neither the State of South Dakota nor the authority is liable on bonds issued, incurred, or created under §§5-12-48 to 5-12-59, inclusive, those bonds may not be a debt of the state or the authority, and §§5-12-48 to 5-12-59, inclusive, may not be construed as a guarantee by the state or the authority of the debts of the corporation. The bonds shall contain a statement to this effect on the face of the bonds.
Source:
SL 2001, ch 27, §6.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-54 - Liability of authority and special purpose corporation.

5-12-54. Liability of authority and special purpose corporation.
The authority is not liable for any bond issued, incurred, or created by the corporation under §§5-12-48 to 5-12-59, inclusive, or for any act or failure to act of the corporation. The corporation may not be liable for any obligation of the South Dakota Building Authority or for any act or failure to act by the building authority.
Source:
SL 2001, ch 27, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-55 - Special purpose corporation treated as public instrumentality of state--Income of authority and corporation not taxed--Obligations of corporation deemed public securities.

5-12-55. Special purpose corporation treated as public instrumentality of state--Income of authority and corporation not taxed--Obligations of corporation deemed public securities.
The corporation is hereby declared to be performing a public function on behalf of the state and to be a public instrumentality of the state. The income of the authority and the corporation, and all properties at any time owned by the authority and the corporation, are exempt from all taxation in the State of South Dakota. In addition, the corporation is exempt from all filing, reporting, and similar requirements otherwise applicable to nonprofit and other corporations.
For purposes of chapter 47-31B, bonds, notes, certificates, or other obligations issued, incurred or created by the corporation under §§5-12-48 to 5-12-59, inclusive, are deemed to be securities issued by a public instrumentality of the State of South Dakota.
Source:
SL 2001, ch 27, §8; SL 2004, ch 278, §56.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-56 - Employees of special purpose corporation.

5-12-56. Employees of special purpose corporation.
The corporation may employ attorneys, accountants, tobacco industry consultants, and financial experts, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation.
Source:
SL 2001, ch 27, §9.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-59 - State pledge to honor agreements of authority or corporation with regard to certain federal income tax exclusions.

5-12-59. State pledge to honor agreements of authority or corporation with regard to certain federal income tax exclusions.
If in order to obtain or preserve any exclusion of interest on bonds from gross income of the holders thereof for purposes of federal income taxation, the corporation or authority enters into any agreement or covenant with the holders of bonds (or the trustee or other fiduciary acting on behalf of or for the benefit of holders of bonds) that imposes restrictions or conditions on the investment, use, expenditure, or other application of the proceeds of bonds issued, incurred, or created under §§5-12-48 to 5-12-61, inclusive, including any investment earnings thereon (whether while on deposit in the education enhancement trust fund or otherwise), then the state and each agency, authority, or other body politic of the state or acting on behalf of the state, shall observe and fully honor each such agreement, covenant, or other restriction or condition with respect to investment, use, expenditure, or application thereof. The State of South Dakota pledges to and agrees with the holders of bonds issued, incurred, or created under §§5-12-48 to 5-12-61, inclusive, that the state will not invest, use, expend, or otherwise apply such proceeds of bonds and any other amounts so as to impair the terms of any such agreement or covenant made by the corporation or authority with any such holders (or trustee or other fiduciary) or in any way impair the exemption or exclusion of interest on any such bonds from federal income taxation. The corporation and authority each may include these pledges and agreements of the state in any contract with the holders of bonds issued, incurred, or created under §§5-12-48 to 5-12-61, inclusive.
Source:
SL 2001, ch 27, §12; SL 2013, ch 28, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 12 - South Dakota Building Authority › Section 5-12-61 - Authority may contract to manage payment or interest rate risk for bonds.

5-12-61. Authority may contract to manage payment or interest rate risk for bonds.
The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rate exchange agreements; contracts providing for payment or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows or series of payments; or contracts incorporating interest rate caps, collars, floors, or locks.
Source:
SL 2003, ch 10, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-1 - Classification of capital improvements.

5-14-1. Classification of capital improvements.
Capital improvements shall be classified as follows:
(1)"New construction," expenditures authorized for new buildings or new facilities and includes the cost of architectural and engineering services, site preparation, constructing, furnishing, equipping such buildings and facilities for use, including heating, plumbing, ventilation, water, sewer, and electrical facilities with necessary connections to existing systems, the construction of sidewalks, and landscaping the grounds. No expenditures may be made for land acquisition costs from appropriations provided for new construction. This category does not include roads and highways constructed under the supervision of the Department of Transportation nor minor park improvements and dams constructed under the supervision of the Department of Game, Fish and Parks.
(2)"Land acquisition," expenditures authorized for the purchase of land and improvements affixed to the land including lease-purchase agreements of existing facilities. It also includes sewer, street, and curb and gutter improvements that may start at the time of purchase of the land or later result as improvements to the land so acquired.
Source:
SL 1965, ch 255, §3; SL 1967, ch 262, §2; SL 1995, ch 73, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-2 - Supervision by Bureau of Administration of capital improvement projects--Payment of appropriated funds.

5-14-2. Supervision by Bureau of Administration of capital improvement projects--Payment of appropriated funds.
The construction of all capital improvements projects as defined in §5-14-1 of state agencies, boards, commissions, and institutions are under the general charge and supervision of the Bureau of Administration as provided in this chapter. Funds appropriated shall be paid on warrants drawn by the state auditor on vouchers duly approved by the Bureau of Administration and may also be approved by the authorized representative of the agency, board, commission, or institution to which the project appropriation is made.
Source:
SL 1965, ch 255, §1; SL 1967, ch 261; SL 1967, ch 262, §1; SL 1992, ch 46, §1; SL 2011, ch 2, §34.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-3 - Preparation of plans and specifications for capital improvements--State building committees--Approval by governing board or commission.

5-14-3. Preparation of plans and specifications for capital improvements--State building committees--Approval by governing board or commission.
The Bureau of Administration, under the direction of the committee as provided by this section, shall have general charge and supervision of the design and construction of all state buildings, power and heating plants, heating, cooling, and air-conditioning systems, water supply, fire protection, sewerage and sewage disposal systems, electrical generation and distribution, and all major repairs, rebuilding or alterations thereof. A state building committee is required on all projects of five million dollars or more. The committee shall consist of a member of the board or commission governing the institution or department concerned, the executive director or like officer of the respective board or commission, a representative of the institution or department appointed by the governing board or commission of that institution or department, and a representative of the Bureau of Administration. If the project is funded pursuant to chapter 5-12, the South Dakota Building Authority may appoint a representative. The Bureau of Administration, under the direction of the committee, shall prepare, or cause to be prepared, the preliminary plans, specifications, and other descriptive material or reports for all proposed new construction, capital improvement, or major repairs and remodeling. After the preliminary plans have been approved by the committee, the plans shall be presented to the respective board or commission governing the institution or department concerned. Upon proper authorization of the board or commission, the Bureau of Administration, under the direction of the committee, shall prepare, or cause to be prepared, all final plans, specifications, advertisements, notices, and instructions to bidders, proposal forms, and contract forms, and all work incidental to securing bids and contracts for same, according to the direction of the board or commission governing the institution or department concerned. The Bureau of Administration shall supervise the construction, including inspection of construction and critical point inspections on projects of one million five hundred thousand dollars or more, repair, rebuilding, or alterations.
Source:
SL 1913, ch 329, §1; RC 1919, §8208; SL 1931, ch 240, §1; SDC 1939, §55.1814; SL 1955, ch 240, §1; SL 1963, ch 306; SL 1969, ch 209, §3; SL 1992, ch 46, §2; SL 1994, ch 50, §12; SL 2019, ch 47, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-4 - Bureau review and approval of new construction plans and costs.

5-14-4. Bureau review and approval of new construction plans and costs.
The Bureau of Administration shall review and approve all agreements with any architect or consulting engineer for the preparation of new construction plans and cost estimates.
Source:
SL 1965, ch 255, §4; SL 1967, ch 262, §3; SL 1994, ch 51, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-5 - Plans and specifications for legislative review--Designation of architect or engineer.

5-14-5. Plans and specifications for legislative review--Designation of architect or engineer.
The Bureau of Administration, under the direction of the State Building Committee, shall, at the request of any state board that expects to appear before the Legislature for the purpose of asking for any appropriation for state buildings and improvements, prepare such plans and specifications and have the plans and specifications ready before the Legislature meets for their information. If the services of a licensed architect or engineer are deemed to be necessary for this purpose, the building committee as provided in §5-14-3 shall designate such architect or engineer.
Source:
SL 1913, ch 329, §3; RC 1919, §8210; SDC 1939, §55.1815; SL 1955, ch 240, §2; SL 1969, ch 209, §4; SL 2011, ch 2, §35.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-6 - Planning and supervisory expenses paid from building funds.

5-14-6. Planning and supervisory expenses paid from building funds.
Any board, agency, or other body authorized by law to erect any state building or other improvement provided for in §§5-14-3 and 5-14-5, shall pay out of funds appropriated or available for the purpose all expenses incurred for plans, specifications, and supervision of construction, including the actual and necessary expenses of the Bureau of Administration.
Source:
SL 1913, ch 329, §4; RC 1919, §8211; SL 1931, ch 240, §2; SDC 1939, §55.1816; SL 1955, ch 240, §3; SL 1969, ch 209, §5; SL 1970, ch 40, §1; SL 1992, ch 47, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-8 - Acceptance and expenditure of contributions to capital improvements.

5-14-8. Acceptance and expenditure of contributions to capital improvements.
The various agencies, boards, commissions, and institutions may accept and expend in addition to the amounts provided for new construction at any of the institutions under their jurisdiction, any funds which may be obtained from any gift or contribution from any source for that purpose.
Source:
SL 1965, ch 255, §2; SL 2011, ch 2, §37.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-8.1 - Acceptance and expenditure of contributions for works of art in state buildings.

5-14-8.1. Acceptance and expenditure of contributions for works of art in state buildings.
The South Dakota State Fine Arts Council, the State Building Committee provided for in §5-14-3, and the Bureau of Administration, may accept and expend for the purpose of this chapter, any funds which it may obtain from federal sources, gifts, contributions, or any other source for the acquisition and installation of works of art in state buildings in which the works of art shall be an integral part of the building, attached to the building, or capable of display in other state buildings.
Source:
SL 1979, ch 34, §1; SL 2011, ch 2, §38.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-9 - Plans, specifications, bids, contracts, and cost records kept by Bureau of Administration.

5-14-9. Plans, specifications, bids, contracts, and cost records kept by Bureau of Administration.
The Bureau of Administration shall keep the original or a copy of the plans and specifications of all state buildings, of all bids submitted, and of all contracts let for their erection. The bureau shall prepare and keep itemized statements of the cost of construction of all such buildings.
Source:
SL 1913, ch 329, §2; RC 1919, §8209; SDC 1939, §55.1814; SL 1955, ch 240, §1; SL 1963, ch 306; SL 2011, ch 2, §39.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-10 - Clear title to land required before erection of buildings--Certification by attorney general.

5-14-10. Clear title to land required before erection of buildings--Certification by attorney general.
No money appropriated by the state may be expended for the erection of any building upon land not previously owned by the state before title thereto has conveyed to the state by a deed duly executed and acknowledged, granting the title in fee, clear of all encumbrances, without any reversionary clause or condition whatever, and the attorney general has certified that the title acquired by the state conforms to the requirements of this section.
Source:
SL 1905, ch 97; RC 1919, §5066; SDC 1939, §55.0201; SL 1945, ch 295, §1; SL 2011, ch 2, §40.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-11 - State housing facilities to be fire resistant--Exceptions--Promulgation of rules.

5-14-11. State housing facilities to be fire resistant--Exceptions--Promulgation of rules.
No state building may be designed or constructed for the permanent housing of human beings that is not fire resistant. This section does not apply to the use of buildings constructed or renovated prior to July 1, 2007, or to one-family or two-family dwellings used for employees' housing at institutions under the control of the executive branch or the Board of Regents.
A fire resistant building within the meaning of this section is a building with appropriate fire detection devices as approved by the Department of Public Safety and constructed in compliance with the provisions of the International Building Code utilizing fire resistive construction throughout and equipped with an automatic fire-extinguishing system. The Bureau of Administration shall promulgate rules pursuant to chapter 1-26 to establish the edition of the International Building Code which would be applicable to this section. Nothing in this section prevents the application of more restrictive conditions by individual agencies. The Bureau of Administration shall identify those buildings which are subject to this section and make all determinations of compliance with these requirements.
Source:
SDC 1939, §§55.1817, 55.9911; SL 1955, ch 241; SL 1972, ch 31; SL 1980, ch 24, §68; SL 1989, ch 20, §63; SL 1989, ch 238, §5; SL 1993, ch 54, §1; SL 2003, ch 272, §§20, 121; SL 2007, ch 31, §1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-12 - Public buildings to accommodate persons with disabilities.

5-14-12. Public buildings to accommodate persons with disabilities.
The standards and specifications set forth in §5-14-13 apply to all buildings and facilities used by the public which are constructed in whole or in part by the use of state, county, or municipal funds, or the funds of any political subdivision of the state. All such buildings and facilities constructed or remodeled after January 26, 1992, shall conform to these standards.
Source:
SL 1965, ch 312, §1; SL 1975, ch 53, §1; SL 1994, ch 52, §1; SL 2011, ch 2, §41.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-13 - Standards and specifications for construction to accommodate persons with disabilities.

5-14-13. Standards and specifications for construction to accommodate persons with disabilities.
The minimum standards required by §5-14-12 are set forth in the Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities published by the U.S. Architectural and Transportation Barriers Compliance Board, August 1992.
Source:
SL 1965, ch 312, §2; SL 1986, ch 51; SL 1988, ch 53; SL 1994, ch 52, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-13.1 - International wheelchair symbol to be displayed.

5-14-13.1. International wheelchair symbol to be displayed.
All public buildings and facilities providing facilities for the wheelchair user, including entrance and exit facilities, shall display at all entrances the internationally recognized symbol for wheelchair users.
Source:
SL 1971, ch 30; SL 2011, ch 2, §42.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-14 - Enforcement of requirements for persons with disabilities.

5-14-14. Enforcement of requirements for persons with disabilities.
The administrator in charge of, and authorized to contract for, new construction, remodeling, alteration, or addition on behalf of the political subdivision involved shall enforce the provisions of §§5-14-12 and 5-14-13.
Source:
SL 1965, ch 312, §3; SL 1975, ch 53, §2; SL 2011, ch 2, §43.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-17 - Electric generating plants--Federal contracts for purchase of energy--Discontinuation of generation and maintenance of standby plants.

5-14-17. Electric generating plants--Federal contracts for purchase of energy--Discontinuation of generation and maintenance of standby plants.
Each department or agency of state government operating and maintaining an electrical energy producing plant may enter into a contract with the United States of America for the purchase of electrical energy. The contract may include stipulations that the generation of electrical energy may be discontinued. The department or agency may maintain such a plant in a serviceable operating condition for standby service for the generation of electrical energy if required so to do by the United States.
Source:
SL 1951, ch 284; SDC Supp 1960, §55.2016; SL 2011, ch 2, §44.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-18 - Willful injury to public building or improvement--Penalty.

5-14-18. Willful injury to public building or improvement--Penalty.
Any person who intentionally burns, destroys, or injures any public building or improvement in this state is punishable as provided in §22-34-1.
Source:
PenC 1877, §513; CL 1887, §6714; RPenC 1903, §535; RC 1919, §3829; SDC 1939, §13.1309; SL 1980, ch 24, §69; SL 2011, ch 2, §45.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-19 - Payment of special assessments for improvement of state property.

5-14-19. Payment of special assessments for improvement of state property.
The state auditor shall, upon approval of the commissioner of administration, pay claims for special assessments or interest and penalties thereon for improvements on property of the state, its agencies, institutions, or instrumentalities.
Source:
SL 1970, ch 34, §1; SL 1981, ch 36, §2; SL 1981, ch 37, §1; SL 1985, ch 33, §20.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-21 - Warrants for special assessments--Vouchers.

5-14-21. Warrants for special assessments--Vouchers.
Payments for special assessments provided for in §5-14-19 shall be disbursed by warrant, drawn by the state auditor upon duly itemized vouchers, approved by an authorized agent of the department whose property is affected.
Source:
SL 1970, ch 34, §2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-22 - Sale or lease of real property for public purpose or industrial development--Authorization of lease--Legislature to approve sales.

5-14-22. Sale or lease of real property for public purpose or industrial development--Authorization of lease--Legislature to approve sales.
The state may lease or sell on a negotiated basis and convey any of its real property to a municipality or county, or to a nonprofit local industrial development corporation as defined by §5-14-23 and located therein, to be used by such grantee for an authorized public purpose or industrial development purpose as enumerated in §9-54-1. The lease shall be authorized on the terms and in the manner provided by the Legislature. Each sale is subject to approval by an act of the Legislature.
Source:
SL 1976, ch 63, §1; SL 1977, ch 48, §1; SL 2011, ch 2, §46.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-23 - Local industrial development corporation defined--Composition--Voting control--Primary objective.

5-14-23. Local industrial development corporation defined--Composition--Voting control--Primary objective.
For the purposes of §5-14-22, the term, local industrial development corporation, is an enterprise incorporated under the laws of the State of South Dakota, formed for the purpose of furthering the economic development of a community and its environs, and with authority to promote and assist in the growth and development of small business concerns in the areas covered by its operation. The corporation shall be organized as a nonprofit enterprise and shall be composed of no fewer than twenty-five members. A local industrial development corporation shall be principally composed of and controlled by persons residing or doing business in the locality. Such persons shall ordinarily constitute not less than seventy-five percent of the voting control of the local development corporation. No member of the development corporation may own in excess of twenty-five percent of the voting control in the development corporation if that member or that member's affiliated interests have direct pecuniary interest in a project involving an application under §5-14-22. The primary objective of the local industrial development corporation is to benefit the community as measured by increased employment, payroll, business volume, and corresponding factors.
Source:
SL 1976, ch 63, §2; SL 1996, ch 40, §1; SL 2011, ch 2, §47.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-30 - State-wide maintenance and repair fund--Priority of projects.

5-14-30. State-wide maintenance and repair fund--Priority of projects.
There is hereby established within the Bureau of Administration the state-wide maintenance and repair fund. The bureau shall administer the fund and maintain it separately in order to conduct maintenance and repair on state-owned buildings pursuant to this chapter. The projects to receive funding shall be selected from a state-wide maintenance and repair priority list developed by the bureau. The Board of Regents shall annually establish the priority for maintenance and repair projects involving academic and revenue project buildings under its control. Any project of the Board of Regents involving an academic building pursuant to §13-51-1 may be financed from the education facilities fund established under §13-51-2 according to the order of priority determined by the board. The Bureau of Administration shall place on the prioritized list of projects to be financed through the state-wide maintenance and repair fund any project involving an academic building that has not been financed through §13-51-2. The Board of Regents shall have charge of the maintenance and repair of revenue bond project buildings as provided in chapter 13-51A. However, in order to be eligible to receive funding, in whole or in part, from the state-wide maintenance and repair fund, each agency, board, bureau, or department of state government, including the Board of Regents, shall submit to the Bureau of Administration a complete list of all proposed maintenance and repair projects notwithstanding other available funding sources for those projects. After the bureau determines which projects contained in the priority list are to receive funding, those projects that are not to be funded through the state-wide maintenance and repair fund may be financed by other funding sources. The priority list may be reprioritized if an emergency arises and a written determination made by the bureau of the basis for the emergency is included with the state-wide maintenance and repair priority list.
Source:
SL 1994, ch 58, §3; SL 2011, ch 2, §48.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-31 - Acceptable sources of funds.

5-14-31. Acceptable sources of funds.
The Bureau of Administration may accept and expend for the purpose of §5-14-17 any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with §4-8B-10.
Source:
SL 1994, ch 58, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-32 - Definitions.

5-14-32. Definitions.
Terms used in this section and §§ 5-14-33 to 5-14-38, inclusive, mean:
(1)"High-performance green building standard," a building that is designed and constructed in a manner that achieves at least:
(a)A certified rating under the United States Green Building Council's Leadership in Energy and Environmental Design rating system in effect as of November 18, 2013;
(b)A two globe rating under the Green Building Initiative's Green Globes rating system as of July 31, 2013; or
(c)A comparable numeric rating under a sustainable building certification program recognized by the American National Standards Institute as an accredited standards developer;
(2)"New construction," any new building constructed by any state agency, department, institution, or the Board of Regents, which:
(a)Has a cost of at least one million dollars or contains at least ten thousand square feet of space; and
(b)Has heating, ventilation, or air conditioning.
Source:
SL 2008, ch 30, §1; SL 2010, ch 29, §1; SL 2015, ch 50, §1; SL 2021, ch 31, § 1.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-33 - State buildings--High-performance green building standard.

5-14-33. State buildings--High-performance green building standard.
New construction shall, in good faith, be designed with the intention of meeting or exceeding the high-performance green building standard that was in effect when the construction was registered with the rating system. Before construction begins, the Office of the State Engineer, architect, and building owner shall identify, in good faith, all components of the new construction that are used to satisfy the requirements of this section.
Source:
SL 2008, ch 30, §2; SL 2015, ch 50, §2; SL 2021, ch 31, § 2.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-34 - Waiver of requirements.

5-14-34. Waiver of requirements.
A waiver of the requirements of §5-14-33 may be granted by the Office of the State Engineer if:
(1)The building will have minimal human occupancy;
(2)The increased costs of achieving a high-performance green building standard cannot be recouped from decreased operational costs within fifteen years; or
(3)The Bureau of Administration determines that extenuating circumstances exist to make impractical high-performance green building standard certification.
Source: SL 2008, ch 30, §3; SL 2021, ch 31, §3.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-35 - Initial determination of Bureau of Administration.

5-14-35. Initial determination of Bureau of Administration.
No new construction may proceed until the Bureau of Administration has determined that the construction is satisfactorily designed to meet the requirements of §5-14-33.
Source: SL 2008, ch 30, §4; SL 2021, ch 31, §4.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-36 - Certification.

5-14-36. Certification.
Upon completion of any new construction, the Bureau of Administration shall certify that the new construction met the requirements of §5-14-33.
Source: SL 2008, ch 30, §5; SL 2021, ch 31, §5.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-37 - Report to the Legislature.

5-14-37. Report to the Legislature.
The Bureau of Administration shall annually report to the Legislature a listing of any new construction that was granted a waiver or that failed to meet the requirements of §5-14-33.
Source: SL 2008, ch 30, §6; SL 2021, ch 31, §6.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-38 - Rules.

5-14-38. Rules.
The Bureau of Administration shall promulgate rules, in accordance with chapter 1-26, to establish the method for calculating the initial costs and the decreased operational costs related to achieving high-performance green building standards.
Source: SL 2008, ch 30, §7; SL 2021, ch 31, §7.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-39 - Property and casualty captive insurance company fund established.

5-14-39. Property and casualty captive insurance company fund established.
There is hereby established in the state treasury the property and casualty captive insurance company fund. The Bureau of Administration may enter into an agreement with a captive insurance company for the management of the company's funds. Money in this fund may be used to pay for property and casualty losses for state owned property as well as administrative and reinsurance costs for this fund. Interest earned on money in the fund shall be deposited into the fund. Unexpended money and any interest that may be credited to the fund shall remain in the fund. Any money in the property and casualty captive insurance company fund is continuously appropriated. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in §4-7-7.2.
Source:
SL 2015, ch 44, §4, eff. Mar. 13, 2015.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 14 - Public Buildings And Improvements › Section 5-14-40 - Liability captive insurance company fund established.

5-14-40. Liability captive insurance company fund established.
There is hereby established in the state treasury the liability captive insurance company fund. The Bureau of Administration may enter into an agreement with a captive insurance company for the management of the company's funds. Money in this fund may be used to pay for liability coverage as well as administrative costs for this fund. Interest earned on money in the fund shall be deposited into the fund. Unexpended money and any interest that may be credited to the fund shall remain in the fund. Any money in the liability captive insurance company fund is continuously appropriated. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in §4-7-7.2.
Source:
SL 2015, ch 46, §4, eff. Mar. 13, 2015.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-1 - Capitol Complex Restoration and Beautification Commission--Duty to enlarge and beautify complex.

5-15-1. Capitol Complex Restoration and Beautification Commission--Duty to enlarge and beautify complex.
The State of South Dakota declares that it is necessary that the capitol complex in the city of Pierre be enlarged and beautified. The South Dakota Capitol Complex Restoration and Beautification Commission shall accomplish that purpose in the manner provided by this chapter.
Source:
SL 1955, ch 300, §1 as added by SL 1957, ch 340, §1; SDC Supp 1960, §55.02A01; SL 1961, ch 316, §§1, 8; SL 1980, ch 48, §1; SL 2011, ch 2, §49.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-1.1 - Direction and supervision of commission by Bureau of Administration--Independent functions retained.

5-15-1.1. Direction and supervision of commission by Bureau of Administration--Independent functions retained.
The Capitol Complex Restoration and Beautification Commission shall be administered under the direction and supervision of the Bureau of Administration and the commissioner thereof. The commission shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions, as defined in §1-32-1, otherwise vested in it and shall exercise those functions independently of the commissioner of administration.
Source:
SL 1974, ch 3, §5 (b); SL 1980, ch 48, §2; SL 2011, ch 2, §50.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-1.2 - Definition of terms.

5-15-1.2. Definition of terms.
Terms as used in this chapter mean:
(1)"Commission," the South Dakota Capitol Complex Restoration and Beautification Commission;
(2)"Capitol complex," all state capitol buildings and capitol grounds within the capitol complex.
Source:
SL 1980, ch 48, §§1, 14.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-2 - Appointment and terms of commission members.

5-15-2. Appointment and terms of commission members.
The commission consists of one nonappointed member, who shall be the mayor of Pierre or the mayor's designee, and seven appointed members, not all of whom may be of the same political party, to be appointed by the Governor for a term of four years. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.
Source:
SL 1955, ch 300, §1; SL 1957, ch 340, §1; SDC Supp 1960, §55.02A01; SL 1961, ch 316, §1 (a); SL 1980, ch 48, §§3, 4; SL 1982, ch 55, §3; SL 1989, ch 52; SL 2011, ch 2, §51.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-3 - Oath and bond of commission members.

5-15-3. Oath and bond of commission members.
Each member of the commission shall, within ten days after appointment, qualify by taking the oath of office and giving bond to the state, with corporate surety, in the penal sum of twenty-five hundred dollars, the cost to be paid by the state.
Source:
SL 1961, ch 316, §1 (b); SL 2011, ch 2, §52.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-4 - Meetings of commission--Chair and secretary--Reports to Governor and Legislature.

5-15-4. Meetings of commission--Chair and secretary--Reports to Governor and Legislature.
The commission shall meet at least twice each year and at such additional times as may be necessary. All meetings shall be held at the state capitol, and a majority of its members constitutes a quorum. The commission shall choose a chair, and one of its members as secretary, who shall keep minutes of its meetings. The commission shall make reports to the Governor on the progress of its work, and to the Legislature.
Source:
SL 1955, ch 300, §3; SL 1957, ch 340, §2; SDC Supp 1960, §55.02A03; SL 1961, ch 316, §1 (a); SL 2011, ch 2, §53.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-5 - Compensation and expenses of commission members.

5-15-5. Compensation and expenses of commission members.
The per diem and expenses of commission members shall be paid by warrant of the state auditor by funds appropriated therefor, on vouchers approved by the Bureau of Administration.
Source:
SL 1955, ch 300, §4; SDC Supp 1960, §55.02A04; SL 2011, ch 2, §54.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-6 - Employment of personnel--Supplies and equipment.

5-15-6. Employment of personnel--Supplies and equipment.
The Bureau of Administration shall employ such clerical and other help for the commission as in the bureau's discretion seems necessary. The bureau may employ such assistance and provide such supplies and equipment as may be necessary to properly carry on the work of the commission.
Source:
SL 1955, ch 300, §5; SDC Supp 1960, §55.02A05; SL 1961, ch 316, §3; SL 2011, ch 2, §55.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-7 - Plans for enlargement, restoration, and beautification of complex.

5-15-7. Plans for enlargement, restoration, and beautification of complex.
The commission shall make all necessary plans for the enlargement, restoration, and beautification of the capitol complex or additions thereto, including uniform plans and specifications for its development.
Source:
SL 1961, ch 316, §2 (a); SL 1980, ch 48, §5; SL 2011, ch 2, §56.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-8 - Development of areas adjacent to capitol complex--Long-range plan.

5-15-8. Development of areas adjacent to capitol complex--Long-range plan.
The commission shall make recommendations for the development of areas immediately adjacent to the state capitol complex and acquaint the people of South Dakota with the need and purpose of a comprehensive long-range plan for capitol complex of sufficient and proper size to serve the future needs of the state and to secure the proper growth and expansion of the city of Pierre. The zone shall be designated the capitol area preservation zone and shall be zoned primarily for residential purposes and for governmental purposes.
Source:
SL 1955, ch 300, §2; SDC Supp 1960, §55.02A02; SL 1980, ch 48, §6; SL 1982, ch 55, §1; SL 2011, ch 2, §57.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-9 - Publications by commission--Maps, surveys, and studies.

5-15-9. Publications by commission--Maps, surveys, and studies.
The commission may print and distribute such pamphlets and leaflets and information as is proper and necessary to further and advance the work, objects, and aims of the commission, and acquaint South Dakota citizens with the commission. The Bureau of Administration shall supply the pamphlets and leaflets for the commission. The commission may have maps, diagrams, drawings, sketches, representations, preliminary surveys, and studies made in conjunction with the commission's work, and do all the necessary things to effectuate the purposes and intent of §§5-15-1 to 5-15-23, inclusive.
Source:
SL 1955, ch 300, §5; SDC Supp 1960, §55.02A05; SL 2011, ch 2, §58.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-10 - Acceptance and use of contributions.

5-15-10. Acceptance and use of contributions.
The commission may accept and receive gifts of money and contributions and donations of real and personal property from any source, including the city of Pierre, South Dakota, a municipal corporation, and the United States of America, and to use the same for the purposes of §§5-15-1 to 5-15-23, inclusive. The commission may deposit such moneys to the credit of the commission, and carry on a campaign for public contribution of such funds, and expend moneys necessary therefor.
Source:
SL 1961, ch 316, §2 (d); SL 2011, ch 2, §59.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-11 - Plats and surveys of capitol complex--Opening and vacating streets and alleys--Utility facilities.

5-15-11. Plats and surveys of capitol complex--Opening and vacating streets and alleys--Utility facilities.
The commission may make all necessary surveys in connection with its work, plat and replat the area of the capitol complex acquired by the commission, or any part thereof, and open and dedicate streets to the use of the public in such area, granting easements therein and use thereof to the city of Pierre, South Dakota, and to the public, for sewer, water, and electricity, and other facilities. The commission may vacate any streets or alleys in the manner provided by law in the areas acquired by the commission or bordering on or adjacent thereto. The commission may make agreements with the city for replacement of its facilities in any vacated streets within the area and grant easements for erection and maintenance of other necessary facilities and utilities.
Source:
SL 1961, ch 316, §2 (h); SL 1963, ch 321, §2; SL 1980, ch 48, §7; SL 2011, ch 2, §60.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-12 - Acquisition and management of property for enlarged complex.

5-15-12. Acquisition and management of property for enlarged complex.
The commission may acquire by gift or the exercise of the power of eminent domain in the manner provided by law, real property necessary for the state capitol complex enlarged as provided by the plans adopted by the commission, lease or manage any such property, and sell excess property of the commission.
Source:
SL 1961, ch 316, §2 (b); SL 1980, ch 48, §8; SL 2011, ch 2, §61.
2023 South Dakota Codified Laws › Title 5 - Public Property, Purchases and Contracts › Chapter 15 - State Capitol And Grounds › Section 5-15-13 - Donation of property by city of Pierre.

5-15-13. Donation of property by city of Pierre.
The city of Pierre may convey, without compensation therefor, to the state any property owned by the city within the boundaries of the capitol complex as enlarged pursuant to the plan adopted, and area determined, by the commission.
Source:
SL 1961, ch 316, §6; SL 1980, ch 48, §9; SL 2011, ch 2, §62.