reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 49 - State Public Health Laboratory › Section 1-49-6 - Copies of laboratory results as evidence.

1-49-6. Copies of laboratory results as evidence.
A copy of the results of any examination or analysis of any product or article by the State Public Health Laboratory, duly authenticated by the analyst, is prima facie evidence in all courts of the matters and facts contained in the examination or analysis.
Source:
SL 1985, ch 283, §6; SL 2019, ch 11, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-1 - State emergency response commission--Membership--Compensation and reimbursement.

1-50-1. State emergency response commission--Membership--Compensation and reimbursement.
There is created the South Dakota State Emergency Response Commission. The commission shall consist of ten members. The secretary of the Department of Agriculture and Natural Resources, the secretary of the Department of Transportation, the director of the Division of Emergency and Disaster Services, and the secretary of public safety or their designees shall be members. Six members shall be appointed by the Governor and shall serve at the pleasure of the Governor. One of the six members appointed by the Governor shall be a member of the chemical industry, one shall be an elected or appointed member of a political subdivision, one shall be actively engaged in an agricultural business, one shall be a health professional, one shall be a member of a fire department, and one shall be a member of a local emergency planning committee. A majority is a quorum and a majority of a quorum may take official action. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to §4-7-10.4 for all time actually spent while attending commission meetings. However, no per diem may be paid to commission members who are state employees. Per diem compensation and expense reimbursement shall be paid from funds appropriated to the Department of Agriculture and Natural Resources.
Source: SL 1991, ch 14, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2003, ch 272 (Ex. Ord. 03-1), §105; SL 2021, ch 1 (Ex. Ord.
21-3
), § 52, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-2 - Commission responsibilities.

1-50-2.Commission responsibilities.
The South Dakota State Emergency Response Commission shall:
(1)Coordinate and implement the requirements placed on the state by 42 U.S. C. §11001 et seq. as in effect on January 1, 1991;
(2)Designate local emergency planning districts and supervise and coordinate the activities of the local emergency planning committees; and
(3)Coordinate and implement federal grants for training of local emergency planning committees and public sector employees.
Source:
SL 1991, ch 14, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-3 - Promulgation of rules and procedures.

1-50-3. Promulgation of rules and procedures.
The South Dakota State Emergency Response Commission may promulgate rules pursuant to chapter 1-26 to establish procedures for local emergency planning committees to apply for and receive grants from the commission for training and planning. The rules may include provisions to evaluate and enforce compliance with the grant requirements.
Source:
SL 1991, ch 14, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-4 - Funds of the Department of Agriculture and Natural Resources.

1-50-4. Funds of the Department of Agriculture and Natural Resources.
The Department of Agriculture and Natural Resources may accept and expend for the purpose of this chapter 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 1991, ch 14, §5; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 52, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-5 - State Emergency Response Commission duties.

1-50-5.State Emergency Response Commission duties.
In accordance with the requirements imposed on the State Emergency Response Commission by 42 U.S. C. §11001 et seq. as in effect on January 1, 1990, the commission shall assist with local emergency planning committee plan development and review local plans for completeness. In addition, the commission shall:
(1)Review local plans to determine the level of threat from an accidental release of dangerous chemicals and the local capability to adequately respond to those releases;
(2)Prepare recommendations for action to be taken to develop and coordinate emergency response capabilities, including the feasibility of regional emergency response;
(3)Evaluate various options and prepare a recommendation concerning funding based on user fees to support on-going emergency planning activities and incident response preparedness; and
(4)Develop a recommendation for a future state emergency response commission structure.
Source:
SL 1990, ch 291, §1; SDCL, §34A-12-18; SL 1993, ch 257, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-6 - Legislative findings--State Emergency Response Commission and fees on facilities reporting hazardous substances.

1-50-6. Legislative findings--State Emergency Response Commission and fees on facilities reporting hazardous substances.
The Legislature finds that in order to protect the public health, safety, welfare, and the environment of this state, it is in the public interest of the state to have a strong state emergency response commission with such resources as are necessary to fully implement the provisions of the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992. The Legislature further finds it to be in the public interest and good public policy to impose a reasonable fee upon facilities required to report hazardous substances as provided in that act in order to defray the costs to the state of administering this program.
Source:
SL 1992, ch 254, §61; SDCL, §34A-12-19; SL 1993, ch 257, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-7 - SERC and SARA defined.

1-50-7. SERC and SARA defined.
For purposes of this chapter, "SERC" means State Emergency Response Commission and "SARA" means the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992.
Source:
SL 1992, ch 254, §62; SDCL §34A-12-20; SL 1993, ch 257, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-8 - Annual reporting fee schedules for SARA facilities--Maximum fee.

1-50-8. Annual reporting fee schedules for SARA facilities--Maximum fee.
There is hereby imposed an annual reporting fee upon each facility required to report hazardous substances as provided in SARA, title III, sections 312 and 313 in accordance with the following schedule:
(1)SARA, title III, section 312--any facility required to report under this section shall submit only tier II forms to the State of South Dakota and the fee shall be based upon the number of chemicals or mixtures reported according to the following schedule:
facilities that report for 1-3 chemicals or mixtures .................... $50;
facilities that report for 4-9 chemicals or mixtures ................... $100;
facilities that report for 10-18 chemicals or mixtures ................. $200;
facilities that report for 19 or more chemicals or mixtures ... $300; and
(2)Toxics release inventory reporting facilities--any facility required to submit release information pursuant to section 313 of SARA title III shall be subject to a fee for each chemical reported. The amount shall be based upon the total amount of each chemical released to the air, land, water and off-site facilities in accordance with the following schedule:
0 -- 9,999 lbs per year ................................................ $ 250
10,000 -- 19,999 lbs per year .......................................... $ 350
20,000 -- 29,999 lbs per year .......................................... $ 450
30,000 -- 39,999 lbs per year .......................................... $ 550
40,000 -- 49,999 lbs per year .......................................... $ 650
50,000 -- 74,999 lbs per year .......................................... $ 800
75,000 -- 99,999 lbs per year ........................................ $ 1,000
100,000 -- 249,999 lbs per year ...................................... $ 1,300
250,000 -- 499,999 lbs per year ...................................... $ 1,600
500,000 -- 749,999 lbs per year ...................................... $ 2,000
750,000 -- 999,999 lbs per year ...................................... $ 2,500
1,000,000 lbs or more per year ...................................... $ 3,000
The fee for all toxics release inventory chemicals reported may not exceed $3,000 per facility.
Source:
SL 1992, ch 254, §63; SDCL, §34A-12-21; SL 1993, ch 257, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-9 - SARA fee subfund--Agency activities.

1-50-9. SARA fee subfund--Agency activities.
There is hereby created the SARA fee subfund of the environmental fee fund established in §1-41-23. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts and fees received pursuant to §1-50-8. The subfund shall be separately maintained and be administered by the secretary in order to defray expenses of all activities associated with administering the state emergency response commission including the use of such funds as a match for any grants the commission may receive. Expenditures from the subfund shall be appropriated through the normal budget process.
These activities shall be conducted by the Department of Agriculture and Natural Resources, the Department of the Military or any other agency designated as staff for the State Emergency Response Commission by the Governor. These activities shall include the following:
(1)Establish a toll-free number to obtain reporting information or assistance;
(2)Assist local and county governments in establishing viable local emergency planning committees;
(3)Assist local emergency planning committees in preparing, exercising and updating emergency response plans required by this program;
(4)Organize or conduct appropriate training activities for representatives of government entities and first responders in accordance with accepted practice as funding is available;
(5)Develop procedures to apply for and distribute grant funding available through any appropriate federal or other nonstate sources;
(6)Produce a compliance package to assist facilities with the requirements of SARA title III, sections 302, 311 and 312;
(7)Deliver the reporting package to known facilities no later than six weeks before the March first reporting deadline;
(8)Identify possible reporting facilities and provide them with the documents necessary to comply with SARA title III, section 313 - the toxics release inventory; and
(9)Develop an educational program including any of the following:
(a)A video detailing facility compliance and illustrating completion of the appropriate forms;
(b)Meeting for facility representatives in various locations around the state before the reporting deadlines to assist with compliance; or
(c)Assistance to local emergency planning committees to improve their ability to identify and provide information to the facilities in their communities.
Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.
Source:
SL 1992, ch 254, §64; SDCL §34A-12-22; SL 1993, ch 257, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), §52, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-10 - SERC report--Contents--Appropriations--Distribution of grants.

1-50-10. SERC report--Contents--Appropriations--Distribution of grants.
At the end of the budget year the SERC shall submit a report to the Legislature detailing any fees collected pursuant to §1-50-8 which are in excess of the amount appropriated for these purposes and request a budget appropriation to remit this amount to the local emergency planning committees in the form of grants to support emergency planning and community right-to-know activities at the local level. Grants shall be distributed according to the following schedule:
(1)An amount not to exceed sixteen thousand five hundred dollars shall be distributed equally to all active local emergency planning committees if the active committees have addressed the minimum requirements of the program including:
(a)Annually submit a membership roster which meets the requirements of this section to the SERC for approval;
(b)Elect officers and adopt bylaws;
(c)Hold regular meetings at least once per quarter;
(d)Develop a procedure to provide information to the public on request;
(e)Provide public notice of meetings and of the availability of right-to-know information;
(f)Submit a draft emergency response plan; and
(g)Exercise and update the plan as required; and
(2)Any additional excess funds shall be included in the next year's legislative budget to be appropriated to be divided by the total number of facilities reporting statewide and the funds shall be disbursed to the local emergency planning committees on a per-facility basis.
Grants distributed under this program shall be expended by the local emergency planning committees to defray the expenses of operating the SARA title III program and for related SARA title I activities.
Source:
SL 1992, ch 254, §65; SDCL, §34A-12-23; SL 1993, ch 257, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 50 - State Emergency Response Commission › Section 1-50-11 - Facility owner or operator to pay annual fee--Date due--Late fee--Failure to submit forms or submission of fraudulent forms.

1-50-11. Facility owner or operator to pay annual fee--Date due--Late fee--Failure to submit forms or submission of fraudulent forms.
The obligation to pay the fee imposed by §1-50-8 shall be upon the owner or operator of any facility required to make notification and shall accrue upon the appropriate SARA reporting deadline each year. The fee is due and payable within thirty days and shall be remitted to the Department of Agriculture and Natural Resources along with the forms that may be prescribed by the secretary of agriculture and natural resources in rules promulgated pursuant to chapter 1-26. A late reporting fee of ten percent of the amount due under this section or of fifteen dollars, whichever amount is greater, shall be assessed for any fee or portion of a fee not timely paid in accordance with this section.
Any facility that knowingly fails to submit the appropriate forms, or that knowingly submits fraudulent forms, shall be reported to the appropriate local emergency planning committee and county commission, and shall be referred to the United States Environmental Protection Agency for appropriate enforcement under section 325 of the Emergency Planning and Community Right-to-Know Act of 1986 as amended to January 1, 1992.
Source: SL 1992, ch 254, §66; SDCL §34A-12-24; SL 1993, ch 257, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord.
11-1
), §161, eff. Apr. 12, 2011; SL 2019, ch 158, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 52, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 51 - Department Of Public Safety › Section 1-51-1 - Department of Public Safety created.

1-51-1.Department of Public Safety created.
There is hereby created a Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety who shall be appointed and serve pursuant to the provisions of the S. D. Const., Art. IV, §9.
Source:
SL 2003, ch 272 (Ex. Ord. 03-1), §18.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 51 - Department Of Public Safety › Section 1-51-10 - Functions of Division of Commercial Inspection and Licensing .

1-51-10. Functions of Division of Commercial Inspection and Licensing.
The Division of Commercial Inspection and Licensing of the Department of Public Safety shall perform:
(1)The functions of the former Division of Consumer Protection pursuant to chapters 34-39, 37-2, 37-20, 37-21, 37-22, 37-22A, 39-1, 39-4, and 39-13; and
(2)The functions of the Department of Agriculture pursuant to chapter 37-21A.
Source:
SL 1979, ch 351, §§28 to 32; SL 1979, ch 5, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §87; SL 2004, ch 17, §3; SDCL §1-35-6.2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 51 - Department Of Public Safety › Section 1-51-11 - Performance by Division of Commercial Inspection and Licensing of heavy scales functions.

1-51-11. Performance by Division of Commercial Inspection and Licensing of heavy scales functions.
The Division of Commercial Inspection and Licensing shall, under the direction and control of the secretary of public safety, perform all the functions of the former heavy scales division of the Public Utilities Commission, created by chapter 37-22.
Source:
SL 1973, ch 2, §53; SL 1974, ch 19, §5; SL 2003, ch 272 (Ex. Ord. 03-1), §88; SL 2004, ch 17, §4; SDCL §1-35-7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 51 - Department Of Public Safety › Section 1-51-12 - Criminal background checks for certain applicants and employees.

1-51-12. Criminal background checks for certain applicants and employees.
Each employee of the Department of Public Safety who performs state inspection services or any person who applies to the department seeking employment performing state inspection services shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The secretary of public safety shall submit completed fingerprint cards to the Division of Criminal Investigation for the applicant or employee. Upon completion of the state and federal criminal background investigation, the Division of Criminal Investigation shall forward to the secretary all information obtained as a result of the investigation.
The applicant or employee is responsible for any fee charged for the cost of fingerprinting or the criminal background investigation. The department may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.
Source:
SL 2019, ch 12, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 52 - Department Of Tourism › Section 1-52-1 - Department of Tourism created--Secretary as head.

1-52-1. Department of Tourism created--Secretary as head.
There is hereby created a Department of Tourism. The head of the Department of Tourism is the secretary of tourism who shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, §9.
Source:
SL 2003, ch 272 (Ex. Ord. 03-1), §58, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), §§54, 91, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 52 - Department Of Tourism › Section 1-52-14 - Board of Tourism--Advisory functions.

1-52-14. Board of Tourism--Advisory functions.
The Board of Tourism is hereby continued and shall exercise advisory functions with relation to the Department of Tourism.
Source:
SL 1987, ch 390 (Ex. Ord. 87-1), §27; SL 2003, ch 272 (Ex. Ord. 03-1), §99; SDCL §1-42-21.1; SL 2009, ch 1, §129; SL 2011, ch 1 (Ex. Ord. 11-1), §§67, 91, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 52 - Department Of Tourism › Section 1-52-15 - Members--Term--Vacancy.

1-52-15. Members--Term--Vacancy.
The Board of Tourism consists of eleven members appointed by the Governor. Not all members may be from the same political party and the members shall be representative of the tourism industry in all geographic areas of the state. The term of each member is four years. A member appointed to fill a vacancy occurring other than by expiration of a term is appointed for the unexpired term.
Source:
SL 1982, ch 17, §47; SDCL Supp, §1-35-20; SDCL §1-42-22; SL 2009, ch 1, §129.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 52 - Department Of Tourism › Section 1-52-16 - Officers--Quorum--Meetings.

1-52-16. Officers--Quorum--Meetings.
The Board of Tourism shall annually elect from its membership any officers it deems advisable. A majority of the members constitutes a quorum. The board shall meet at the call of the chair or a majority of the members but shall meet at least twice annually.
Source:
SL 1982, ch 17, §48; SDCL Supp, §1-35-21; SDCL §1-42-23; SL 2009, ch 1, §§128, 129.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 52 - Department Of Tourism › Section 1-52-17 - Tourism promotion fund established.

1-52-17. Tourism promotion fund established.
There is hereby established a tourism promotion fund in the Department of Tourism.
Source:
SL 1994, ch 332, §4A; SL 2003, ch 272 (Ex. Ord. 03-1), §100; SDCL §1-42-31; SL 2009, ch 1, §129; SL 2011, ch 1 (Ex. Ord. 11-1), §91, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-1 - Governor's Office of Economic Development created--Commissioner as head.

1-53-1. Governor's Office of Economic Development created--Commissioner as head.
There is hereby created a Governor's Office of Economic Development within the Department of Executive Management. The head of the Governor's Office of Economic Development is the commissioner of the Governor' s Office of Economic Development who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, §9.
Source:
SL 2011, ch 1 (Ex. Ord. 11-1), §55, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-3 - Purpose of Governor's Office of Economic Development.

1-53-3. Purpose of Governor's Office of Economic Development.
The Governor's Office of Economic Development shall forge a private-public partnership among state government, local communities, higher education, and the private sector to create jobs that create goods and services for use within the state and for export outside the state, which results in the creation of new wealth.
Source:
SL 1987, ch 390 (Ex. Ord. 87-1), §32; SDCL §1-33-18; SL 2005, ch 10, §14; SDCL §1-52-3.2; SL 2011, ch 1 (Ex. Ord. 11-1), §56, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-4 - Functions of Governor's Office of Economic Development.

1-53-4. Functions of Governor's Office of Economic Development.
The Governor's Office of Economic Development shall perform the following functions to seek new employment opportunities, strengthen existing employment opportunities, and spawn new and innovative economic development opportunities:
(1)To attract to South Dakota those business enterprises or those subsidiaries or satellite operations that can benefit from our favorable business environment.
(2)To assist in the expansion and diversification of existing businesses.
(3)To encourage and facilitate the initiation of new enterprises and development of new products that respond to identifiable markets.
(4)To establish a viable basis of financing business operations with a substantial venture capital fund, managed effectively, and with the flexibility that will permit application to funding needs of start-up, expansion, and production.
(5)To recognize markets that can be expanded and to discover new markets for agricultural products, manufactured goods, and services.
(6)To promote, by every possible means, all forms of goods and services, agricultural products, processing and packaging to maximize value added before delivery to national or international markets.
(7)To coordinate and exploit the capabilities that exist at the several public and private institutions of higher education and to encourage the development of new processes and technology through expanded programs of research.
(8)To take full advantage of the associations, the public and private organizations, the financial institutions and the governmental entities that exist at the local or community level in implementing programs and in accomplishing specific functions or tasks.
(9)To respond to opportunities that may develop and to meet such other responsibilities as may be assigned by executive or legislative direction.
Source:
SL 1987, ch 390 (Ex. Ord. 87-1), §33; SDCL §1-33-19; SL 2005, ch 10, §15; SDCL §1-52-3.3; SL 2011, ch 1 (Ex. Ord. 11-1), §56, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-5 - Information received by Governor's Office of Economic Development--When open to public inspection--Copies.

1-53-5. Information received by Governor's Office of Economic Development--When open to public inspection--Copies.
All information received by the Governor's Office of Economic Development shall be open to public inspection if it appears to the commissioner that such inspection may assist in carrying out or furthering the purposes of the office, except if the provider of such information requests that the information remain confidential and not be open to public inspection. The commissioner shall supply at cost, copies of any such information.
Source:
SL 1988, ch 17, §3; SDCL §1-33-19.1; SL 2005, ch 10, §§16, 17; SDCL §1-52-3.4; SL 2011, ch 1 (Ex. Ord. 11-1), §§55, 56, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-6 - Confidentiality of certain information.

1-53-6. Confidentiality of certain information.
The commissioner shall maintain the confidentiality of any information given to GOED or the Economic Development Finance Authority, the South Dakota Development Corporation, and the Board of Economic Development.
Source:
SL 1988, ch 17, §4; SL 2005, ch 10, §18; SDCL §1-33-19.2; SL 2009, ch 1, §120; SDCL §1-52-13; SL 2011, ch 1 (Ex. Ord. 11-1), §§55, 56, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-7 - Contributions to Governor's Office of Economic Development--Special revenue fund--Use and disbursements.

1-53-7. Contributions to Governor's Office of Economic Development--Special revenue fund--Use and disbursements.
The Governor's Office of Economic Development may accept private contributions to supplement other money received by it. Contributions received shall be deposited with the state treasurer and in a fund known as the Governor's Office of Economic Development special revenue fund, which fund shall accumulate and shall not revert to the general fund at the close of the fiscal year. The fund shall be used for legitimate purposes of soliciting industry and carrying into effect the objectives of the Governor's Office of Economic Development. Disbursements from the fund shall be made by warrants drawn by the state auditor on itemized vouchers approved by the commissioner.
Source:
SL 1982, ch 17, §9; SDCL §1-42-13; SL 1987, ch 390 (Ex. Ord. 87-1); SDCL §1-33-22; SL 2005, ch 10, §§20, 21, 43; SDCL §1-52-3.5; SL 2011, ch 1 (Ex. Ord. 11-1), §§55, 56, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-15 - Small business credit initiative fund.

1-53-15. Small business credit initiative fund.
There is established within the state treasury a fund to be known as the small business credit initiative fund for the purpose of making loans for economic development as permitted by 12 U.S. C. Chapter 54 (2021).
Source: SL 2012, ch 15, §1; SL 2022, ch 6, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-16 - Acceptance or expenditure of funds reported in informational budget.

1-53-16. Acceptance or expenditure of funds reported in informational budget.
For the purposes of §§1-53-15 to 1-53-19, inclusive, the Board of Economic Development may accept, expend, or loan any funds previously received or to be obtained from federal sources and any funds to be obtained from gifts, contributions, or any other source if such acceptance and expenditure is reported as required by §4-7-7.2.
Source: SL 2012, ch 15, §2; SL 2022, ch 6, § 2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-17 - Deposits into and expenditures from small business credit initiative fund.

1-53-17. Deposits into and expenditures from small business credit initiative fund.
Any repayment of loans and interest thereon must be receipted into the small business credit initiative fund and expended by the Board of Economic Development for the following purposes:
(1)The payment of administrative costs as permitted pursuant to 2 C.F.R Part 200 Subpart E, as applicable, as in effect on January 1, 2022;
(2)The payment of taxes and liens and for the procuring of legal services and any other services necessary to protect, recover, maintain, or liquidate the assets of the small business credit initiative fund as permitted pursuant to 2 C.F.R Part 200 Subpart E, as applicable, as in effect on January 1, 2022; and
(3)Making loans for economic development as permitted by 12 U.S. C. Chapter 54 (2021).
Source: SL 2012, ch 15, §3; SL 2022, ch 6, § 3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-18 - Property given as security for loan.

1-53-18. Property given as security for loan.
The Board of Economic Development may take title by foreclosure or transfer in lieu of foreclosure to any property given as security if the acquisition is necessary to protect or collect any small business credit initiative loan and may sell, transfer, or convey any such property to any responsible buyer.
Source: SL 2012, ch 15, §4; SL 2022, ch 6, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-19 - Confidentiality of certain information concerning small business credit initiative loans.

1-53-19. Confidentiality of certain information concerning small business credit initiative loans.
The deliberations of the Board of Economic Development concerning small business credit initiative loans are confidential and are exempt from public disclosure. Any documentary material or data made or received by the Board of Economic Development or the Governor's Office of Economic Development for the purpose of acting upon an application for a small business credit initiative loan or administering the loan, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, are not considered public records, and are exempt from disclosure. Nothing in this section prohibits the disclosure of confidential information to the extent necessary to collect or recoup the loan or as may be required under applicable federal law.
Source: SL 2012, ch 15, §5; SL 2022, ch 6, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-20 - Criminal background investigation of new employees--Temporary employment--Fees.

1-53-20. Criminal background investigation of new employees--Temporary employment--Fees.
Each person hired as an employee at the Governor's Office of Economic Development, whose primary duties include access to financial account numbers of financial assistance applicants or who have the authority to authorize grants, loans, or other financial assistance shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Governor's Office of Economic Development shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The Governor's Office of Economic Development may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. For the purposes of this section, the term, employee, includes the commissioner and deputy commissioner. The term, employee, does not include members of any boards or authorities for which the Governor's Office of Economic Development provides administrative support.
Source:
SL 2014, ch 11, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-21 - Farm link program established.

1-53-21. Farm link program established.
The farm link program is hereby established and shall be administered by the Governor's Office of Economic Development and the South Dakota Cooperative Extension Service. Under the program, the Governor's Office of Economic Development shall create a directory of prospective beginning farmers and ranchers and a directory of available or potentially available farms and ranches, which shall be used in matching the two groups. The Governor's Office of Economic Development may, if practicable, use the resources of the South Dakota ag enterprise program. In administering the Farm Link Program, the Governor's Office of Economic Development shall attempt to cooperate with similar programs in surrounding states to provide a greater opportunity for matching the interests of entering and retiring farmers and ranchers. The Governor's Office of Economic Development shall also make available information on farm lending opportunities.
Source:
SL 1993, ch 300, §1; SDCL §38-1-42; SL 2019, ch 235 (Ex. Ord. 19-1), §40, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-22 - Promulgation of rules governing farm link program.

1-53-22. Promulgation of rules governing farm link program.
The Governor's Office of Economic Development shall promulgate rules pursuant to chapter 1-26 to administer the farm link program established pursuant to §1-53-21. The rules shall include provisions governing program eligibility and procedures for data management, applications, and program administration.
Source:
SL 1993, ch 300, §2; SDCL §38-1-43; SL 2019, ch 235 (Ex. Ord. 19-1), §41, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-23 - Commissioner of Governor's Office of Economic Development as state official to receive rural rehabilitation trust assets.

1-53-23. Commissioner of Governor's Office of Economic Development as state official to receive rural rehabilitation trust assets.
The commissioner of the Governor's Office of Economic Development is hereby designated as the state official of the State of South Dakota to make application to and receive from the secretary of agriculture of the United States, or any other proper federal official, pursuant and subject to the provisions of Public Law 499, 81st Congress, approved May 3, 1950, the trust assets, either funds or property, held by the United States as trustee in behalf of the South Dakota Rural Rehabilitation Corporation.
Source:
SL 1951, ch 4, §1; SDC Supp 1960, §4.0115; SDCL §38-6-1; SL 2019, ch 235 (Ex. Ord. 19-1), §42, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-24 - Agreements for administration of trust assets by federal government.

1-53-24. Agreements for administration of trust assets by federal government.
The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized to enter into agreements with the secretary of agriculture of the United States pursuant to section 2(f) of the aforesaid act of the Congress of the United States, upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the secretary of agriculture of the United States to accept, administer, expend and use in the State of South Dakota all or any part of such trust assets or any other funds of the State of South Dakota which may be appropriated for such uses for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title IV thereof, as amended, and to do any and all things necessary to effectuate and carry out the purposes of said agreements.
Source:
SL 1951, ch 4, §3; SDC Supp 1960, §4.0117; SDCL §38-6-3; SL 2019, ch 235 (Ex. Ord. 19-1), §43, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-25 - Deposit of trust assets with state treasurer--Purposes for which used.

1-53-25. Deposit of trust assets with state treasurer--Purposes for which used.
Notwithstanding any other provision of law, funds and the proceeds of the trust assets which are not authorized to be administered by the secretary of agriculture of the United States under the provisions of §1-53-24 must be received by the commissioner of the Governor's Office of Economic Development under the application made pursuant to §1-53-23, and deposited by the commissioner with the state treasurer for use by the commissioner of the Governor's Office of Economic Development for the rural rehabilitation purposes permissible under the charter of the now dissolved South Dakota Rural Rehabilitation Corporation, as may from time to time be agreed upon by the commissioner of the Governor's Office of Economic Development with the approval of the Governor and the secretary of agriculture of the United States, subject to the applicable provisions of Public Law 499, or for the purposes of §1-53-24.
Source: SL 1951, ch 4, §4; SDC Supp 1960, §4.0118; SDCL §38-6-4; SL 2019, ch 235 (Ex. Ord. 19-1), §44, eff. Apr. 14, 2019; SL 2023, ch 3, §11.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-26 - Compromise, adjustment, and collection of claims and obligations.

1-53-26. Compromise, adjustment, and collection of claims and obligations.
The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to collect, compromise, adjust, or cancel claims and obligations arising out of or administered under §§1-53-23 to 1-53-37, inclusive, or under any mortgage, lease, contract, or agreement entered into or administered pursuant to §§1-53-23 to 1-53-37, inclusive, and, if in the commissioner's judgment is necessary and advisable, pursue the same to final collection in any court having jurisdiction.
Source: SL 1951, ch 4, §5; SDC Supp 1960, §4.0119(1); SDCL §38-6-5; SL 2019, ch 235 (Ex. Ord. 19-1), §45, eff. Apr. 14, 2019; SL 2023, ch 3, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-27 - Purchase and acquisition of property securing indebtedness.

1-53-27. Purchase and acquisition of property securing indebtedness.
The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to bid for and purchase at any execution, foreclosure, or other sale, or otherwise to acquire property upon which the commissioner has a lien by reason of a judgment or execution, or which is pledged, mortgaged, conveyed, or which otherwise secures any loan or other indebtedness owing to or acquired by the commissioner under §§1-53-23 to 1-53-37, inclusive.
Source:
SL 1951, ch 4, §5; SDC Supp 1960, §4.0119(2); SDCL §38-6-6; SL 2019, ch 235 (Ex. Ord. 19-1), §46, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-28 - Operation, lease, and disposition of property purchased or acquired.

1-53-28. Operation, lease, and disposition of property purchased or acquired.
The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to accept title to any property purchased or acquired pursuant to §1-53-27; to operate or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of §§1-53-23 to 1-53-37, inclusive.
Source:
SL 1951, ch 4, §5; SDC Supp 1960, §4.0119(3); SDCL §38-6-7; SL 2019, ch 235 (Ex. Ord. 19-1), §47, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-29 - Investment, transfer, and sale of securities and obligations--Purposes.

1-53-29. Investment, transfer, and sale of securities and obligations--Purposes.
The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to negotiate, renegotiate, invest, reinvest, transfer, and sell securities, notes, bonds, mortgages, and other obligations, including funds and the proceeds of trust assets, in such manner and upon such terms, conditions and for such periods of time consistent with and for carrying out the purposes of §§1-53-23 to 1-53-37, inclusive, and to do any and all things necessary to effectuate and carry out the purposes permissible under the charter of the now dissolved South Dakota Rural Rehabilitation Corporation.
Source:
SDC Supp 1960, §4.0119(4) as added by SL 1961, ch 2, §1; SDCL §38-6-8; SL 2019, ch 235 (Ex. Ord. 19-1), §48, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-30 - Promulgation of rules for disposition of claims and administration of trust.

1-53-30. Promulgation of rules for disposition of claims and administration of trust.
The commissioner of the Governor's Office of Economic Development, in compliance with the provisions of chapter 1-26, shall promulgate rules for disposition of claims and administration of trust assets authorized under §§1-53-23 to 1-53-37, inclusive, including all loan programs, and may adopt pursuant to chapter 1-26 such federal rules as are necessary to administer any program authorized under §§1-53-23 to 1-53-37, inclusive.
Source:
SL 1976, ch 240; SL 1986, ch 326, §7; SL 1990, ch 316; SDCL §38-6-8.1; SL 2019, ch 235 (Ex. Ord. 19-1), §49, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-31 - Powers delegated to secretary of agriculture of United States.

1-53-31. Powers delegated to secretary of agriculture of United States.
The authority contained in §§1-53-26 to 1-53-29, inclusive, may be delegated to the secretary of agriculture of the United States with respect to funds or assets authorized to be administered and used by him under agreements entered into pursuant to §1-53-24.
Source:
SL 1951, ch 4, §5; SDC Supp 1960, §4.0119; SL 1961, ch 2, §2; SDCL §38-6-9; SL 2019, ch 235 (Ex. Ord. 19-1), §50, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-32 - United States held free from liability.

1-53-32. United States held free from liability.
The United States and the secretary of agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the commissioner of the Governor's Office of Economic Development pursuant to §§1-53-23 to 1-53-37, inclusive.
Source:
SL 1951, ch 4, §6; SDC Supp 1960, §4.0120; SDCL §38-6-10; SL 2019, ch 235 (Ex. Ord. 19-1), §51, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-33 - Severability of provisions.

1-53-33. Severability of provisions.
If any provision of §§1-53-23 to 1-53-37, inclusive, or the application thereof to any person or circumstances, is held invalid, the remainder of §§1-53-23 to 1-53-37, inclusive, and the application of such provision to other persons or circumstances, shall not be affected thereby.
Source:
SL 1951, ch 4, §7; SDC Supp 1960, §4.0121; SDCL §38-6-11; SL 2019, ch 235 (Ex. Ord. 19-1), §52, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-34 - Value added agriculture subfund created.

1-53-34. Value added agriculture subfund created.
There is created within the rural rehabilitation fund created in §1-53-23, the value added agriculture subfund. The purpose of the subfund created by this section is to make grants or loans for agricultural development, feasibility studies, or marketing.
Source:
SL 2013, ch 192, §4; SDCL §38-6-13; SL 2019, ch 235 (Ex. Ord. 19-1), §54, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-35 - Value added agriculture subfund administration.

1-53-35. Value added agriculture subfund administration.
The Board of Economic Development shall administer the value added agriculture subfund, and make grants or loans from the value added agriculture subfund. The value added agriculture subfund shall be used to develop and promote value added agriculture in South Dakota including the initial or subsequent production, use, or processing of any form of agricultural commodity, product, or by-product in this state.
Source:
SL 2013, ch 192, §7; SDCL §38-6-14; SL 2019, ch 235 (Ex. Ord. 19-1), §55, eff. Apr. 14, 2019; SL 2020, ch 4, § 22.