reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-27 - Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.

1-16H-27. Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.
The state and all counties, municipalities, political subdivisions, public bodies, public officers, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, personal representatives, conservators, trustees, and other fiduciaries may legally invest any debt service funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter.
Source:
SL 2004, ch 15, §27.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-28 - Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.

1-16H-28. Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.
Any documentary material or data made or received by the authority for purposes under this chapter, to the extent that such material or data consists of trade secrets, scientific or technical secrets, matters involving national security, or commercial or financial information regarding the operation of a business, may not be considered public records, and are exempt from disclosure. Any discussion or consideration of such information may be held by the authority in executive session.
Source:
SL 2004, ch 15, §28.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-30 - Acquisition of property.

1-16H-30. Acquisition of property.
The authority may acquire by purchase, lease, gift, or otherwise any property or rights to any property from any person or any governmental agency, whether improved for the purposes of any prospective project or unimproved. The authority may also accept any donation of funds for its purposes from any of those sources.
Source:
SL 2004, ch 15, §30.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31 - Acquisition, improvement, maintenance, and decommissioning of projects.

1-16H-31. Acquisition, improvement, maintenance, and decommissioning of projects.
The authority may acquire, develop, construct, improve, maintain, operate, and decommission any project, either under its own direction or through collaboration with any approved applicant, or acquire any project through purchase or otherwise, using for that purpose the proceeds derived from its sale of revenue bonds, notes, or other instruments or governmental loans, grants, or other funds, and hold title to those projects in the name of the authority.
Source:
SL 2004, ch 15, §31, eff. Feb. 11, 2004; SL 2009, ch 1, §27.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.1 - Subsurface property defined.

1-16H-31.1. Subsurface property defined.
For the purpose of §§1-16H-31.1 to 1-16H-31.10, inclusive, the term, subsurface property, means complete fee title to real property located one hundred feet or more below the surface, including the right to use such real property to construct, operate, support and maintain underground facilities, for scientific and technological experimentation and exploration, for the commercial exploitation of the subsurface for purposes other than mineral extraction, and for any other lawful purpose. The term, subsurface property, does not include ownership or the right to occupancy of the surface.
Source:
SL 2005, ch 12, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.2 - Condemnation of subsurface property for purpose of acquiring, developing, constructing, maintaining, or operating projects--Limitation--Procedures.

1-16H-31.2. Condemnation of subsurface property for purpose of acquiring, developing, constructing, maintaining, or operating projects--Limitation--Procedures.
The authority may condemn private and public subsurface property for public use for the purposes of acquiring, developing, constructing, maintaining, or operating projects. The authority may only condemn subsurface property upon or through which it already owns or controls some, but not all, property rights. If the authority deems it necessary to condemn any subsurface property for such purpose, it shall, by resolution, declare the condemnation necessary, stating the purposes and extent thereof. Thereupon, proceedings for condemnation shall be undertaken in the name of the authority, as provided in chapter 21-35 and this chapter.
Source:
SL 2005, ch 12, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.3 - Declaration of taking--Contents.

1-16H-31.3. Declaration of taking--Contents.
In any proceeding initiated under this chapter and chapter 21-35, the authority may, at any time before final judicial determination of the rights of the parties, file a declaration of taking, signed by the authority, declaring the extent of the subsurface property interest taken for the use of the authority.
The declaration of taking shall contain:
(1)A statement of the authority under which and the use for which the subsurface property interest is taken;
(2)A description of the subsurface property interest taken sufficient for identification thereof;
(3)A legal description of the subsurface property subject to or affected by the taking;
(4)The names of the owners of the property or persons in interest in the subsurface property, and a description of the interest claimed by each, as are known;
(5)A statement of the sum of money estimated by the authority to be just compensation for the subsurface property interest taken and damaged; and
(6)A detailed appraisal upon which the amount of the authority's estimate is based.
Source:
SL 2005, ch 12, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.4 - Effective date of condemnation and right to just compensation.

1-16H-31.4. Effective date of condemnation and right to just compensation.
Title to the subsurface property interest specified in the declaration vests in the authority and the subsurface property interest is deemed condemned and taken for the use of the authority, and the right to just compensation for the subsurface property interest vests in the persons entitled thereto either on the date the decision is rendered pursuant to the hearing provided for in §21-35-10.1 or the date the hearing is waived, either by consent in writing or by failing to make demand for the hearing within the time allowed.
Source:
SL 2005, ch 12, §4; SL 2009, ch 1, §28.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.5 - Notice of hearing on right to take--Waiver of right to question necessity--Order of court.

1-16H-31.5. Notice of hearing on right to take--Waiver of right to question necessity--Order of court.
Upon filing of a declaration of taking pursuant to §1-16H-31.3, the court may fix the time within which, and the terms upon which, the parties in possession are required to surrender possession to the authority. A notice shall be issued stating that if the defendants do not appear in or respond to the proceedings within thirty days after service of the notice, exclusive of the day of service, the authority shall apply to the court for an order of possession. A notice of hearing shall then be issued by the court and served as provided in §1-16H-31.6 upon the record owners of all subsurface property sought to be acquired or damaged. The notice shall state a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by §21-35-10.1 is filed, in which case the hearing may be held sooner. The court may make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as are just and equitable.
Source:
SL 2005, ch 12, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.6 - Service or mailing of copy of declaration of taking and amendments.

1-16H-31.6. Service or mailing of copy of declaration of taking and amendments.
A copy of the declaration of taking filed pursuant to §1-16H-31.2 and any amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered mail at the defendant's last known post office address.
Source:
SL 2005, ch 12, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.7 - Amendments to the declaration of taking--Filing.

1-16H-31.7. Amendments to the declaration of taking--Filing.
If any person who is a proper party defendant or if any affected subsurface property is omitted from the declaration of taking filed pursuant to §1-16H-31.2, the authority may file amendments to include the person or subsurface property. Any amendment from the time of filing has the same force and effect as if it were included in the original proceedings. The misnaming or omission of any defendant's name does not defer the effect of the declaration of taking.
Source:
SL 2005, ch 12, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.8 - Deposit with court of money representing just compensation for subsurface property--Expedition of proceedings.

1-16H-31.8. Deposit with court of money representing just compensation for subsurface property--Expedition of proceedings.
If the authority elects to utilize the procedures set forth in §§1-16H-31.2 to 1-16H-31.7, inclusive, for possession of subsurface property, the authority shall deposit with the court the money required by §21-35-11 as a condition to the exercise of such power. In that case, the court and the attorneys shall expedite the proceedings for the distribution of the money deposited and for the ascertainment and payment of just compensation.
Source:
SL 2005, ch 12, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.9 - Distribution of money on deposit with the court--Judgment against authority for deficiency.

1-16H-31.9. Distribution of money on deposit with the court--Judgment against authority for deficiency.
Upon application of the parties in interest, the court may order that all of the money deposited in court pursuant to §1-16H-31.8, or any part thereof, be paid for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded for the subsurface property interest taken, or any part thereof, exceeds the amount of money received by any person so entitled, the court shall enter judgment against the authority for the amount of the deficiency.
Source:
SL 2005, ch 12, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-31.10 - Application of other provisions to subsurface property rights taken by authority.

1-16H-31.10. Application of other provisions to subsurface property rights taken by authority.
The provisions of chapters 45-4 and 45-5A do not apply to subsurface property rights taken by the authority pursuant to §§1-16H-31.1 to 1-16H-31.10, inclusive.
Source:
SL 2005, ch 12, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-34 - Inapplicability of § 5-2-19.

1-16H-34. Inapplicability of §5-2-19.
The provisions of §5-2-19 do not apply to real or personal property given to the authority.
Source:
SL 2004, ch 15, §34.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-35 - Transfer or exchange of property with other state agencies.

1-16H-35. Transfer or exchange of property with other state agencies.
Any department, board, commission, agency, or officer of this state or the Board of Regents of the State of South Dakota, may transfer jurisdiction of or title to any property to, or may exchange property under its control with, the authority if the transfer or exchange is approved in writing by the Governor as being advantageous to the state.
Source:
SL 2004, ch 15, §35.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-36 - Designation of depositories.

1-16H-36. Designation of depositories.
The authority shall designate a qualified public depository as defined in §4-6A-1 as a depository of its money. Those depositories shall be designated only within the state and upon condition that bonds approved as to form and surety by the authority and at least equal in amount to the maximum sum expected to be on deposit at any one time shall be first given by the depositories to the authority, those bonds to be conditioned for the safekeeping and prompt repayment of the deposits. If any of the funds of the authority are deposited by the treasurer in any such depository, the treasurer and the sureties on the treasurer's official bond are, to that extent, exempt from liability for the loss of any of the deposited funds by reason of the failure, bankruptcy, or any other act or default of the depository. However, the authority may accept assignments of collateral by any depository of its funds to secure the deposits to the same extent and conditioned in the same manner as assignments of collateral are permitted by law to secure deposits of the funds consistent with the provisions of chapter 4-6A.
Source:
SL 2004, ch 15, §36.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-37 - Tax exemption of authority.

1-16H-37. Tax exemption of authority.
The income of the authority and all land, improvements, equipment, fixtures, or other property interests owned by the authority are exempt from all taxation in the State of South Dakota. The authority is exempt from the provisions of chapter 47-31B.
Source:
SL 2004, ch 15, §37, eff. Feb. 11, 2004.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-38 - Authority reports to Governor's Office of Economic Development.

1-16H-38. Authority reports to Governor's Office of Economic Development.
The authority is attached to the Governor's Office of Economic Development for reporting purposes. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner. However, the authority shall report at least annually.
Source:
SL 2004, ch 15, §38, eff. Feb. 11, 2004; SL 2011, ch 1 (Ex. Ord. 11-1), §87, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-39 - Informational budget.

1-16H-39. Informational budget.
Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in §4-7-7.2.
Source:
SL 2004, ch 15, §39.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-40 - Transfer of functions and programs of Homestake Laboratory Conversion Project.

1-16H-40. Transfer of functions and programs of Homestake Laboratory Conversion Project.
The functions and programs of the former Homestake Laboratory Conversion Project are transferred to the authority.
Source:
SL 2004, ch 15, §40.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-41 - Homestake Mine donation.

1-16H-41. Homestake Mine donation.
The authority may accept the donation of the former Homestake Mine in Lead, South Dakota, or any part thereof.
Source:
SL 2004, ch 15, §41.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-42 - Severability of provisions.

1-16H-42. Severability of provisions.
The sections, clauses, sentences, and parts of this chapter are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if this chapter would otherwise be unconstitutional or ineffective. It is the intention of this chapter to confer upon the authority the whole or any part of the powers in this chapter provided for, and if any one or more sections, clauses, sentences, and parts of this chapter are for any reason questioned in any court of competent jurisdiction and are adjudged unconstitutional or invalid, the judgment does not affect, impair, or invalidate the remaining provisions thereof, but is confined in its operation to the specific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence, or part of this chapter in any one or more instances does not affect or prejudice its applicability or validity in any other instance.
Source:
SL 2004, ch 15, §42.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-43 - Immunity from liability for condition or use of certain donated property.

1-16H-43. Immunity from liability for condition or use of certain donated property.
Any person who donates or otherwise conveys without cost any underground mine workings and related real or personal property, including fixtures or structures, to the Science and Technology Authority for public use or benefit is immune from any liability under state law which arises from its condition or use after donation of the mine workings and related property. This section applies only upon affirmative acceptance of the donation by the authority and approval of the donation acceptance by the Governor.
Source:
SL 2004, ch 16, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16H - Science And Technology Authority › Section 1-16H-44 - Property tax exemption for certain leased property in Lawrence County.

1-16H-44. Property tax exemption for certain leased property in Lawrence County.
If the authority leases land, improvements, equipment, fixtures, or other property interests in Lawrence County to an entity that:
(1)Is organized and operated on a not-for-profit basis;
(2)Is organized as a limited liability company;
(3)Has members of the limited liability company otherwise qualifying for exemption from real property taxation in the state where the entity's headquarters are located; and
(4)Is organized and operated for scientific research and related educational purposes;
the property and any possessory interest in the property is exempt from real property taxation.
Source:
SL 2011, ch 8, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-1 - South Dakota Ellsworth Development Authority created.

1-16J-1. South Dakota Ellsworth Development Authority created.
There is created the South Dakota Ellsworth Development Authority, a body corporate and politic, with such duties and powers as are set forth in this chapter to carry out the provisions of this chapter. The authority is hereby constituted an independent public instrumentality exercising essential public functions.
Source:
SL 2009, ch 8, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-2 - Membership--Initial terms--Officers--Removal.

1-16J-2. Membership--Initial terms--Officers--Removal.
The authority shall consist of seven members appointed by the Governor with the advice and consent of the Senate. The terms for the initial appointments shall be as follows: three members shall serve three years, two members shall serve two years, and two members shall serve one year. Not all of the members may be of the same political party. One of the members shall be designated by the Governor as chair. The members shall elect from among their number such other officers as they may determine. The Governor may remove any member of the board for cause.
Source:
SL 2009, ch 8, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-3 - Authority reports to Governor's Office of Economic Development.

1-16J-3. Authority reports to Governor's Office of Economic Development.
The authority is attached to the Governor's Office of Economic Development for reporting purposes. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of the Governor's Office of Economic Development. However, the authority shall report to the Governor at least annually.
Source:
SL 2009, ch 8, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §89, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-4 - Terms--Vacancies--Quorum.

1-16J-4. Terms--Vacancies--Quorum.
All appointments to the authority after the initial appointments shall be made for a four-year term. Each member's term of office shall expire on the applicable third Monday in January, but the member shall continue to hold office until a successor is appointed and qualified. Any vacancy in the authority shall be filled by appointment for only the balance of the unexpired term. A majority of the members of the authority constitutes a quorum.
Source:
SL 2009, ch 8, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-5 - No compensation--Reimbursement of expenses.

1-16J-5. No compensation--Reimbursement of expenses.
No member of such authority may receive any compensation for services rendered under this chapter. However, members shall be reimbursed for necessary expenses incurred in connection with duties and powers prescribed by this chapter.
Source:
SL 2009, ch 8, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-9 - Issuance of revenue bonds, notes, or other evidences of indebtedness.

1-16J-9. Issuance of revenue bonds, notes, or other evidences of indebtedness.
The authority may issue revenue bonds, notes, or other evidences of indebtedness to pay the cost incurred in connection with developing, constructing, acquiring, improving, maintaining, operating, and decommissioning projects. For the purpose of evidencing the obligations of the authority to repay any money borrowed, the authority may, pursuant to resolution, from time to time issue and dispose of its interest bearing revenue bonds, notes, or other instruments and may also from time to time issue and dispose of such bonds, notes, or other instruments to refund, at maturity, at a redemption date or in advance of either, any revenue bonds, notes, or other instruments pursuant to redemption provisions or at any time before maturity. Any such revenue bonds, notes, or other instruments shall be payable solely from the revenues or income to be derived with respect to such projects, from the leasing or sale of such projects, or from any other funds available to the authority for such purposes. The revenue bonds, notes, or other instruments may bear such date or dates, may mature at such time or times not exceeding forty years from their respective dates, may bear interest at such rate or rates, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, with or without premium as is stated on the face thereof, may be authenticated in such manner, and may contain such terms and covenants as may be provided by an applicable resolution.
Source:
SL 2009, ch 8, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-10 - Suit to compel performance by holder of revenue bonds, notes, or other instruments issued by authority.

1-16J-10. Suit to compel performance by holder of revenue bonds, notes, or other instruments issued by authority.
Any holder of any revenue bonds, notes, or other instruments issued by the authority may bring suits at law or proceedings in equity to compel the performance and observance by any person or by the authority or any of its agents or employees of any contract or covenant made with the holders of such revenue bonds, notes, or other instruments, to compel such person or the authority or any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such revenue bonds, notes, or other instruments by the provision of the resolution authorizing their issuance and to enjoin such person or the authority or any of its agents or employees from taking any action in conflict with any such contract or covenant.
Source:
SL 2009, ch 8, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-11 - Action to compel payment of principal or interest on bonds or premium.

1-16J-11. Action to compel payment of principal or interest on bonds or premium.
If the authority fails to pay the principal of, or interest on, any of the revenue bonds or premium, if any, as the principal or interest becomes due, a civil action to compel payment may be instituted in circuit court by the holder or holders of the revenue bonds on which such default of payment exists or by an indenture trustee acting on behalf of such holders. Delivery of a summons and a copy of the complaint to the chair of the authority constitutes sufficient service to give the circuit court jurisdiction of the subject matter of such a suit and jurisdiction over the authority and its officers named as defendants for the purpose of compelling such payment.
Source:
SL 2009, ch 8, §11.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-12 - Negotiability of bonds, notes, and other instruments--Temporary instruments.

1-16J-12. Negotiability of bonds, notes, and other instruments--Temporary instruments.
Notwithstanding the form and tenor of any such revenue bond, note, or other instrument and in the absence of any express recital on the face of any such revenue bond, note, or other instrument that it is nonnegotiable, any such revenue bond, note, and other instrument is a negotiable instrument. Pending the preparation and execution of any such revenue bond, note, or other instrument, a temporary revenue bond, note, or instrument may be issued as provided by resolution.
Source:
SL 2009, ch 8, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-13 - Pledge of revenues from lease or loan agreement--Trust agreement--Remedy.

1-16J-13. Pledge of revenues from lease or loan agreement--Trust agreement--Remedy.
To secure the payment of any revenue bond, note, or other instrument, the revenues to be received by the authority from a lease agreement or loan agreement shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the authority in connection with the issuance thereof and the issuance of any additional revenue bond, note, or other instrument payable from such revenue, income, or other fund to be derived from any facilities, the authority may execute and deliver a trust agreement. A remedy for any breach or default of the terms of any such trust agreement by the authority may be by mandamus proceedings in circuit court to compel the performance and compliance with the trust agreement, but the trust agreement may prescribe by whom or on whose behalf the action may be instituted.
Source:
SL 2009, ch 8, §13.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-14 - Pledge or assignment of and lien on or security interest in revenues, funds, or accounts.

1-16J-14. Pledge or assignment of and lien on or security interest in revenues, funds, or accounts.
Any revenue bonds or notes shall be secured as provided in the authorizing resolution which may, notwithstanding any other provision of this chapter, include in addition to any other security, a specific pledge or assignment of and lien on, or security interest in, any or all revenues or money of the authority from whatever source that may by law be used for debt service purposes and a specific pledge or assignment of, and lien on, or security interest in, any funds or accounts established or provided for by resolution of the authority authorizing the issuance of any such revenue bond, note, or other instrument. Any pledge made by the authority of revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project to pay any revenue bond, note, or other evidence of indebtedness of the authority is binding from the time the pledge is made. Revenues and other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay any revenue bond, note, or other evidence of indebtedness of the authority shall be held outside of the state treasury and in the custody of the authority or a trustee or a depository appointed by the authority. Revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay any revenue bond, note, or other evidence of indebtedness of the authority and thereafter received by the authority or such trustee or depository shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is binding against all parties having claims of any kind of tort, contract, or otherwise against the authority or the State of South Dakota, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.
Source:
SL 2009, ch 8, §14.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-15 - Pledge by state not to impair rights and remedies of holders of bonds and notes.

1-16J-15. Pledge by state not to impair rights and remedies of holders of bonds and notes.
The State of South Dakota pledges to and agrees with the holders of the revenue bonds and notes of the authority issued pursuant to this chapter that the state will not limit or decrease the rights and powers vested in the authority by this chapter so as to impair the terms of any contract made by the authority with such holders or in any way impair the rights and remedies of such holders until such revenue bonds, notes, or other instruments, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. The authority may include these pledges and agreements of the state in any contract with the holders of revenue bonds, notes, or other instruments issued pursuant to this section.
Source:
SL 2009, ch 8, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-16 - State not liable for principal or interest on bonds, notes, or obligations of authority.

1-16J-16. State not liable for principal or interest on bonds, notes, or obligations of authority.
Nothing in this chapter may be construed to authorize the authority to create a debt of the state within the meaning of the Constitution or statutes of South Dakota and all revenue bonds, notes, and other instruments and obligations issued by the authority pursuant to the provisions of this chapter are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security therefor. The state is not liable for the payment of the principal of, or interest on, any bonds, notes, instruments, or obligations issued by the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation, or agreement may impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power.
Source:
SL 2009, ch 8, §16.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-17 - Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.

1-16J-17. Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.
The state and all counties, municipalities, political subdivisions, public bodies, public officers, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, personal representatives, conservators, trustees, and other fiduciaries may legally invest any debt service funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter.
Source:
SL 2009, ch 8, §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-18 - Exemption of documentary material and data from disclosure--Consideration by authority in executive session.

1-16J-18. Exemption of documentary material and data from disclosure--Consideration by authority in executive session.
Any documentary material or data made or received by the authority for purposes under this chapter, to the extent that such material or data consists of trade secrets, scientific or technical secrets, matters involving national security, or commercial or financial information regarding the operation of a business, may not be considered public records, and are exempt from disclosure. Any discussion or consideration of such information, any discussion of personnel matters, and any discussion of strategy related to any contract negotiation, may be held by the authority in executive session.
Source:
SL 2009, ch 8, §18.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-20 - Inapplicability of § 5-2-19.

1-16J-20. Inapplicability of §5-2-19.
The provisions of §5-2-19 do not apply to real or personal property given to the authority.
Source:
SL 2009, ch 8, §20.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-21 - Designation of depositories.

1-16J-21. Designation of depositories.
The authority shall designate a qualified public depository as defined in §4-6A-1 as a depository of its money. Those depositories shall be designated only within the state and upon condition that bonds approved as to form and surety by the authority and at least equal in amount to the maximum sum expected to be on deposit at any one time shall be first given by the depositories to the authority, those bonds to be conditioned for the safekeeping and prompt repayment of the deposits. If any of the funds of the authority are deposited by the treasurer in any such depository, the treasurer and the sureties on the treasurer's official bond are, to that extent, exempt from liability for the loss of any of the deposited funds by reason of the failure, bankruptcy, or any other act or default of the depository. However, the authority may accept assignments of collateral by any depository of its funds to secure the deposits to the same extent and conditioned in the same manner as assignments of collateral are permitted by law to secure deposits of the funds consistent with the provisions of chapter 4-6A.
Source:
SL 2009, ch 8, §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-22 - Tax and securities exemptions of authority.

1-16J-22. Tax and securities exemptions of authority.
The income of the authority and all land, improvements, equipment, fixtures, or other property interests owned by the authority are exempt from all taxation in the State of South Dakota. However, nothing in this section exempts from taxation the value of any leasehold interests in the property of the authority that is held by any third party. The authority is exempt from the provisions of chapter 47-31B.
Source:
SL 2009, ch 8, §22.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-23 - Informational budget.

1-16J-23. Informational budget.
Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in §4-7-7.2.
Source:
SL 2009, ch 8, §23.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-24 - Intergovernmental agreements.

1-16J-24. Intergovernmental agreements.
The authority may enter into intergovernmental agreements with any governmental agency or political subdivision.
Source:
SL 2009, ch 8, §24.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-26 - Powers not limited or created.

1-16J-26. Powers not limited or created.
Nothing in this chapter limits any power granted to any municipality or county government nor creates any police or taxing power in the authority.
Source:
SL 2009, ch 8, §26.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-27 - Transfer of real estate in Rapid City.

1-16J-27. Transfer of real estate in Rapid City.
The Commissioner of School and Public Lands shall transfer to the Ellsworth Development Authority all or any portion of the following real estate and any related personal property and improvements located on the property:
Certain property described generally as Tract B in the Northeast Quarter of the Southeast Quarter and in the Southeast Quarter of the Southeast Quarter of Section 5, Township 1 North, Range 8 East of the Black Hills Meridian, City of Rapid City, Pennington County, South Dakota.
Source:
SL 2018, ch 11, §1, eff. Feb. 5, 2018.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-28 - Property included in Rapid City real estate transfer.

1-16J-28. Property included in Rapid City real estate transfer.
Any real estate and related personal property and improvements on the property which are generally considered a part of the tracts described in §1-16J-27 but not specifically included in the legal description set out in §1-16J-27 may be transferred as provided in §§1-16J-27 to 1-16J-29, inclusive, as though the property and improvements were specifically described in §1-16J-27.
Source:
SL 2018, ch 11, §2, eff. Feb. 5, 2018.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16J - South Dakota Ellsworth Development Authority › Section 1-16J-29 - Real estate transfer subject to approval by Governor.

1-16J-29. Real estate transfer subject to approval by Governor.
Any transfer pursuant to §§1-16J-27 and 1-16J-28 is subject to approval by the Governor and subject to all applicable constitutional reservations.
Source:
SL 2018, ch 11, §3, eff. Feb. 5, 2018.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-2 - Purpose--Duties.

1-18-2. Purpose--Duties.
The South Dakota State Historical Society within the Department of Education shall collect, preserve, exhibit, and publish material for the study of history, especially the history of this state and the upper great plains. To this end, the office shall explore the archaeology of the region; acquire documents and manuscripts; obtain narratives and records of pioneers; conduct a library of historical reference; maintain the South Dakota State History Museum; survey, document, and promote the preservation of historic properties and sites; examine the culture and history of American Indians and other ethnic groups; publish and otherwise diffuse information relating to the history of the region to schools and communities; and generally encourage and develop within the state the study of history.
Source: SDC 1939, §29.0102; SL 1996, ch 8, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §79; SL 2011, ch 1 (Ex. Ord.
11-1
), §91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord.
15-1
), §§19, 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-3 - Creation--Additional duties.

1-18-3. Creation--Additional duties.
There is hereby created the South Dakota State Historical Society which shall perform the following duties and any other duties as may be imposed upon it by law:
(1)Provide education of the public in the fields of history;
(2)Promote the preservation of sites of historical and cultural significance;
(3)Encourage private fund raising to support historical projects;
(4)Continue responsibilities and contracts with members of the society, as provided by law;
(5)Maintain liaison and support with local historical societies and groups;
(6)Provide advice to the secretary of education and the State Historical Society Board of Trustees so as to promote cooperation in the preservation of the history of the state;
(7)Conduct special programs and public events to promote history;
(8)Promote the study of archaeology;
(9)Promote the preservation of historical records; and
(10)Publish such information relating to the history of the state as it deems advisable.
The South Dakota State Historical Society shall be organized with officers, as provided in §§ 1-18-18, 1-18-20, and 1-18-25, and members, as provided in § 1-18-4.
Source: SDC 1939, §29.0103; SL 1974, ch 10, §1; SL 2003 ch 272 (Ex. Ord.), §82; SL 2005, ch 10, §5; SL 2011, ch 1 (Ex. Ord.
11-1
), §91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord.
15-1
), §21, eff. Apr. 20, 2015; SL 2021, ch 7, § 3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-3.1 - Code revision.

1-18-3.1. Code revision.
The South Dakota code commission is authorized and directed in future compilation of laws and supplements or any revision of the laws of this state to strike all references to "State Historical Society" and substitute therefor "South Dakota State Historical Society."
Source:
SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-5 - Membership fees.

1-18-5. Membership fees.
The fees for membership shall be set by the State Historical Society Board of Trustees under rules promulgated pursuant to chapter 1-26. The board may establish different classes of memberships and fees with different benefits or privileges associated with each class of membership. The fees for membership shall be used to provide funds for the support of historical society programs.
Source:
SDC 1939, §29.0105; SL 1957, ch 144, §1; SL 1969, ch 124, §2; SL 1982, ch 11; SL 1985, ch 8, §1; SL 1996, ch 8, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-7 - Officers--Participation--Members only.

1-18-7. Officers--Participation--Members only.
Except as provided in § 1-18-25, only members may hold office in the historical society and possess the right to vote and take part in its proceedings.
Source:
SDC 1939, §29.0106; SL 2009, ch 1, §30; SL 2021, ch 7, § 6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-8 - Place of business.

1-18-8. Place of business.
The principal business of the society shall be transacted at the South Dakota State History Museum.
Source:
SDC 1939, §29.0107; SL 1967, ch 124; SL 1974, ch 10, §3; SL 1996, ch 8, §3; SL 2021, ch 7, § 7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-10 - Society--Meetings.

1-18-10. Society--Meetings.
Meetings of the membership of the historical society may be held from time to time as required upon the call of the president and director or upon the written request of seven members of the State Historical Society Board of Trustees to the director.
Source:
SDC 1939, §29.0108; SL 1974, ch 10, §5; SL 2021, ch 7, § 8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-11 - Society--Meetings--Quorum.

1-18-11. Society--Meetings--Quorum.
At any meeting of the historical society, at least five percent of members having the right to vote constitutes a quorum.
Source:
SDC 1939, §29.0109; SL 2021, ch 7, § 9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-12.1 - Executive committee of society abolished.

1-18-12.1. Executive committee of society abolished.
The executive committee of the South Dakota State Historical Society established pursuant to chapter 1-18, is hereby abolished.
Source:
SL 1985, ch 400, §22; SL 2021, ch 7, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 18 - South Dakota Historical Society › Section 1-18-12.2 - State Historical Society Board of Trustees created--Transfers.

1-18-12.2. State Historical Society Board of Trustees created--Transfers.
There is hereby created the State Historical Society Board of Trustees. All of the functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the former Board of Cultural Preservation, the State Review Board, the executive committee of the South Dakota State Historical Society, and the Historical Records Board are transferred to the State Historical Society Board of Trustees. All quasi-legislative, quasi-judicial, and advisory functions of those boards are also transferred to the State Historical Society Board of Trustees.
Source:
SL 1985, ch 400 (Ex. Ord. 85-2), §24; SL 2021, ch 7, § 4.