reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 15 - Department Of Corrections › Section 1-15-37 - Incarceration construction fund established.

1-15-37. Incarceration construction fund established.
There is hereby established in the state treasury the incarceration construction fund. Expenditures out of the fund must only be by special appropriation of the Legislature and must be used for the capital construction or improvement of incarceration facilities located in South Dakota. No moneys shall be appropriated or expended from the fund until such a time as a legislative task force provides a report to the Legislature regarding incarceration and corrections within the State. Interest earned on money in the fund must be deposited into the general fund.
Source: SL 2022, ch 3, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-2.2 - Out-of-state participating health institution--Eligibility for financing.

1-16A-2.2  .  Out-of-state participating health institution--Eligibility for financing.
To be eligible for financing under this chapter, any participating health institution located outside of this state shall, at the time of issuance:
(1) Be financing or refinancing health facilities located within the United States;
(2) Control, be controlled by, or be under common control with, a health institution located within this state; and
(3) Be engaged, by itself or through an affiliate located within this state, in a financing or refinancing on behalf of a health institution located within this state.
In connection with such a financing or refinancing of any such health facilities, the authority shall find that the financing or refinancing would promote the economy of this state and the access of the people of this state to adequate and affordable health care within this and other states, all for the benefit of the health, welfare, safety, trade, commerce, industry, economy, and living conditions of the people of this state by creating employment opportunities in this state or the lowering of the cost of accessing health care or reducing the cost of financing, refinancing, or operating such health facilities and such out-of-state health facilities owned, operated, leased, or managed by, or otherwise affiliated with, a health institution located within this state.
For purposes of this section, the authority's findings must be deemed conclusive.
Source:  SL 2020, ch 2, § 3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-3 - Authority created--Public function.

1-16A-3. Authority created--Public function.
There is hereby created a body politic and corporate to be known as the "South Dakota Health and Educational Facilities Authority." The authority is constituted a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function.
Source:
SL 1972, ch 10, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-3.1 - Authority continued within Bureau of Finance and Management--Records and reports.

1-16A-3.1. Authority continued within Bureau of Finance and Management--Records and reports.
The health and educational facilities authority shall continue within the Bureau of Finance and Management, and shall retain all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of finance and management, except that the authority shall report at least annually.
Source:
SL 1973, ch 2, §16 (b).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-4 - Appointment of members of authority--Qualifications.

1-16A-4. Appointment of members of authority--Qualifications.
The authority shall consist of seven members to be appointed by the Governor who are residents of the state. Not more than four of the seven members of the authority may be of the same political party. At least one of the members to be appointed by the Governor must be or must have been a trustee, director, comptroller, or other employee of a public or of a private nonprofit hospital knowledgeable in hospital and health care construction and financing. At least one of the appointed members must be or must have been a trustee, director, comptroller, or other employee of a public or nonprofit private college or university knowledgeable in the construction and financing of such educational facilities. At least one appointed member must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of state and municipal finance. At least one of the appointed members must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of health facility architecture. At least one of the appointed members must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of higher educational facility architecture. In making appointments, the Governor shall take into consideration nominees recommended for appointment by professional organizations of hospitals, long term care facilities, higher education associations, investment banking, and architects.
Source: SL 1972, ch 10, §3; SL 2023, ch 3, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-5 - Terms of office of members--Vacancies.

1-16A-5. Terms of office of members--Vacancies.
Upon the expiration of the term of any appointed member his successor shall be appointed for a term of five years expiring on June thirtieth and until his successor has been appointed and has qualified. Any member shall be eligible for reappointment. The Governor shall fill any vacancy for the remainder of any unexpired term.
Source:
SL 1972, ch 10, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-6 - Business interests not disqualifying for membership--Abstention where conflict of interest.

1-16A-6. Business interests not disqualifying for membership--Abstention where conflict of interest.
Notwithstanding any other law to the contrary it shall not be or constitute a conflict of interest for a trustee, director, officer, or employee of any health institution, educational institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architectural firm, insurance company, or any other firm, person, or corporation to serve as a member of the authority, provided such trustee, director, officer, or employee shall abstain from deliberation, action and vote by the authority in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.
Source:
SL 1972, ch 10, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-7 - Annual election of chairman and vice-chairman.

1-16A-7. Annual election of chairman and vice-chairman.
Annually after the appointment of a member or members, the authority shall elect one of its members as chairman and one as vice-chairman.
Source:
SL 1972, ch 10, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-8 - Meetings open to public--Notice--Resolutions not published.

1-16A-8. Meetings open to public--Notice--Resolutions not published.
Each meeting of the authority for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted.
Source:
SL 1972, ch 10, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-9 - Quorum of authority--Vote required for action.

1-16A-9. Quorum of authority--Vote required for action.
Four members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four of its members.
Source:
SL 1972, ch 10, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-10 - Expenses of members of authority.

1-16A-10. Expenses of members of authority.
Members of the authority shall receive no compensation for services but shall be entitled to the necessary expenses including traveling and lodging expenses incurred in the discharge of their duties. Any payments for compensation and expenses shall be paid from funds of the authority.
Source:
SL 1972, ch 10, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-11 - Removal of member from authority.

1-16A-11. Removal of member from authority.
Any member of the authority may be removed by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and a public hearing unless such notice or hearing shall be expressly waived in writing.
Source:
SL 1972, ch 10, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-12 - Executive director and associate--Compensation.

1-16A-12. Executive director and associate--Compensation.
The authority shall appoint an executive director and may appoint an associate executive director, who shall not be members of the authority and shall serve at its pleasure. They shall receive such compensation as shall be fixed by the authority.
Source:
SL 1972, ch 10, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-13 - Employment of consultants and agents--Compensation.

1-16A-13. Employment of consultants and agents--Compensation.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation.
Source:
SL 1972, ch 10, §7 (10).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-14 - Surety bonds required--Payment of cost.

1-16A-14. Surety bonds required--Payment of cost.
Each member of the authority shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars or, in lieu thereof, the chairman of the authority shall execute a blanket bond covering each member, the executive director and the employees or other officers of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company authorized to transact business in this state as surety and to be approved by the attorney general and filed in the office of the secretary of state. The cost of each such bond shall be paid by the authority.
Source:
SL 1972, ch 10, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-15 - Corporate powers of authority.

1-16A-15. Corporate powers of authority.
The authority has the following powers together with all powers incidental or necessary for the performance thereof:
(1)To have perpetual succession as a body politic and corporate;
(2)To adopt bylaws for the regulation of its affairs and the conduct of its business;
(3)To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;
(4)To have and to use a corporate seal and to alter the same at pleasure;
(5)To maintain an office at such place or places as it may designate;
(6)To do all things necessary and convenient to carry out the purposes of this chapter;
(7)To establish a minimum amount of cash and investment reserves; and
(8)[Repealed July 1, 2019 by SL 2018, ch 8, §1.]
Source:
SL 1972, ch 10, §7 (1) to (5), (15); SL 2018, ch 8, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-15.1 - Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing.

1-16A-15.1. Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing.
The authority shall have the power to assist, coordinate and participate with governmental authorities and issuers of states other than the State of South Dakota (for purposes of this section, "out-of-state issuers") in connection with issuance of bonds, notes or other evidence of indebtedness by such out-of-state issuers for educational and health facilities located within the State of South Dakota.
In connection with such financing by out-of-state issuers, the authority is designated as the only entity in the State of South Dakota which may conduct the public hearing of the applicable governmental unit required by section 147(f) of the Internal Revenue Code of 1986, as amended, or any successor provision of the Internal Revenue Code, and the Governor of the State of South Dakota is designated as the only person in the State of South Dakota who may be the applicable elected representative pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended.
Following such hearing, the authority shall determine whether the financing should proceed with respect to educational or health facilities located within the State of South Dakota by an out-of-state issuer. If the authority determines that the financing should not proceed, the financing shall not proceed by an out-of-state issuer with respect to the South Dakota facilities.
Source:
SL 2004, ch 9, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-15.2 - Determination of minimum amount of cash and investment reserves.

1-16A-15.2. Determination of minimum amount of cash and investment reserves.
Any determination of a minimum amount of cash and investment reserves and the existence of excess funds available for transfer, grant, or use pursuant to subdivision 1-16A-15(7), shall be evidenced by a resolution of the authority. In establishing the minimum amount of cash and investment reserves the authority shall include in the minimum amount of cash and investment reserves:
(1)Any funds that the authority determines are necessary for any expected operating expenses of the authority; and
(2)Any funds that are pledged to or otherwise reserved for payment of any amounts in respect of any issue of bonds or other obligations issued by the authority.
The authority may require further findings or procedures that the authority deems necessary or appropriate regarding the establishment of a minimum amount of cash and investment reserves.
Source:
SL 2018, ch 8, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-16 - Delegation of powers and duties.

1-16A-16. Delegation of powers and duties.
The authority may delegate by resolution to one or more of its members or to its executive director or associate executive director such powers and duties as it may deem proper.
Source:
SL 1972, ch 10, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-17 - Records maintained by authority--Certified copies.

1-16A-17. Records maintained by authority--Certified copies.
The executive director or associate executive director, or other person designated by the authority, shall keep a record of the proceedings thereof and shall be custodian of all books, documents and papers filed with the authority, the minute books or journal thereof and its official seal. The executive director or associate executive director, or other person, may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates.
Source:
SL 1972, ch 10, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-17.1 - Informational budget required.

1-16A-17.1. Informational budget required.
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 and be annually reviewed by the Legislature.
Source:
SL 1984, ch 4, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-18 - Acceptance of loans and gifts.

1-16A-18. Acceptance of loans and gifts.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to receive and accept from any public agency loans or grants for or in aid of the construction of facilities or any portion thereof, or for equipping the same, and to receive and accept grants, gifts or other contributions from any source.
Source:
SL 1972, ch 10, §7 (11).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-20 - Location, construction, operation and maintenance of facilities--Designation of agent.

1-16A-20. Location, construction, operation and maintenance of facilities--Designation of agent.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to determine the location and construction of any facility to be financed under the provisions of this chapter and to construct, reconstruct, renovate, replace, maintain, repair, operate, lease and regulate the same, to designate a participating health institution or a participating educational institution, as the case may be, as its agent to determine the location and construction of a facility undertaken by such participating health institution or a participating educational institution, as the case may be, under the provisions of this chapter and, as agent of the authority, to construct, reconstruct, renovate, replace, maintain, repair, operate, lease and regulate the same and as agent of the authority, to enter into contracts for any and all of such purposes including contracts for the management and operation of such facility.
Source:
SL 1972, ch 10, §7 (6).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-21 - Acquisition of property--Title taken.

1-16A-21. Acquisition of property--Title taken.
The authority is authorized and empowered directly or by or through a participating health institution or participating educational institution, as the case may be, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or personal, rights-of-way, franchises, easements, and other interests in lands, within or without the state, including lands lying under water and riparian rights which are located within or without the state as it may deem necessary or convenient for the construction or acquisition or operation of facilities but upon such terms as may be considered by the authority to be reasonable, and to take title thereto in the name of the authority or in the name of such participating health institution or participating educational institution, as the case may be, as its agent.
Source:
SL 1972, ch 10, §9; SL 2004, ch 9, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-22 - Restrictions of other laws not applicable.

1-16A-22. Restrictions of other laws not applicable.
Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for said purposes notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extensions of like facilities, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.
Source:
SL 1972, ch 10, §22.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-23 - Public works laws not applicable--Competitive bidding not required.

1-16A-23. Public works laws not applicable--Competitive bidding not required.
Facilities are not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the laws of this state or any other similar requirements which may be lawfully waived by this section and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for the purposes of the authority or the lease, sale, or other disposition of property of the authority is not applicable to any action taken under authority of this chapter.
Source:
SL 1972, ch 10, §21; SL 1982, ch 10, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-24 - Mortgages for security of bondholders.

1-16A-24. Mortgages for security of bondholders.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to mortgage all or any portion of the facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of bonds issued to finance such facilities or any portion thereof.
Source:
SL 1972, ch 10, §7 (12).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-25 - Operation of facilities restricted to leasing.

1-16A-25. Operation of facilities restricted to leasing.
The authority shall not have the power to operate the facilities as a business other than as a lessor.
Source:
SL 1972, ch 10, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-26 - Leasing of facilities--Terms of lease--Option to purchase.

1-16A-26. Leasing of facilities--Terms of lease--Option to purchase.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to lease to a participating health institution or a participating educational institution, as the case may be, any or all of the facilities upon such terms and conditions as the authority shall deem proper, and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods and at such rent as shall be determined by the authority or to purchase any or all of the facilities or that upon payment of all of the indebtedness incurred by the authority for the financing of such facilities the authority may convey any or all of the facilities to the lessee or lessees thereof with or without consideration.
Source:
SL 1972, ch 10, §7 (7).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-27 - Duration of leases--Rentals required.

1-16A-27. Duration of leases--Rentals required.
Any lease of the facilities entered into pursuant to the provisions of this chapter shall be for a term not shorter than the longest maturity of any bonds issued to finance such facilities or a portion thereof and shall provide for rentals adequate to pay principal and interest on such bonds as the same fall due and to create and maintain such reserves and accounts for depreciation as the authority shall determine to be necessary.
Source:
SL 1972, ch 10, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-28 - Establishment of rents and charges.

1-16A-28. Establishment of rents and charges.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, generally to fix and revise from time to time and charge and collect rates, rents, fees, and charges for the use of and services furnished or to be furnished by facilities or any portion thereof and to contract with any person, firm, or corporation or other body public or private in respect thereof, provided that the authority shall have no jurisdiction over rates, rents, fees, and charges established by a participating educational institution for its students or established by a participating health institution for its patients.
Source:
SL 1972, ch 10, §7 (9).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-29 - Rules and regulations for use of facilities.

1-16A-29. Rules and regulations for use of facilities.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to establish rules and regulations for the use of facilities and to designate a participating health institution or participating educational institution, as the case may be, as its agent, to establish rules and regulations for the use of the facilities undertaken or operated by such participating health institution or participating educational institution, as the case may be.
Source:
SL 1972, ch 10, §7 (10).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-30 - Laws and ordinances applicable to facilities.

1-16A-30. Laws and ordinances applicable to facilities.
All facilities shall be subject to the planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the locality in which any such facilities are to be situated.
Source:
SL 1972, ch 10, §18.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-31 - Loans to participating institutions--Maximum amount.

1-16A-31. Loans to participating institutions--Maximum amount.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to make loans to or for the benefit of any participating health institution or participating educational institution, as the case may be, for the cost of the facilities in accordance with an agreement between the authority and such participating health institution or participating educational institution, as the case may be. No such loan may exceed the total cost of such facilities as determined by such participating health institution or participating educational institution, as the case may be, and approved by the authority. Such loans may be made to an entity affiliated with a participating health institution or participating educational institution, as the case may be, if the proceeds of such loans are made available to or otherwise applied for the benefit of such participating health institution or participating educational institution, as the case may be.
Source:
SL 1972, ch 10, §7 (13); SL 1998, ch 7, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-32 - Refunding loans to participating institutions--Findings required.

1-16A-32. Refunding loans to participating institutions--Findings required.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to make loans to or for the benefit of a participating health institution or participating educational institution, as the case may be, to refund outstanding obligations, mortgages or advances issued, made or given by such institution for the cost of its facilities including the function to issue bonds and make loans to a participating health institution or participating educational institution, as the case may be, to refinance indebtedness incurred for facilities undertaken and completed prior to or after the enactment of this chapter whenever the authority finds that such financing is in the public interest, alleviates a financial or contractual hardship upon the participating health institution or participating educational institution, as the case may be, or results in a lesser cost of patient care or cost of education and a saving to third parties, including state or federal governments, and to others who must pay for such care or education. Such loans may be made to any entity affiliated with a participating health institution or participating educational institution, as the case may be, if the proceeds of such loans are made available to or otherwise applied for the benefit of such participating health institution or participating educational institution, as the case may be.
Source:
SL 1972, ch 10, §7 (14); SL 1998, ch 7, §3; SL 2004, ch 9, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-33 - Initial planning service fee to accompany applications.

1-16A-33. Initial planning service fee to accompany applications.
When any application is made to the authority by any participating health institution or participating educational institution for financial assistance to provide for its facilities, such application shall be accompanied by an initial planning service fee in an amount determined by the authority, but in any event not exceeding the lesser of ten thousand dollars or one-fourth of one percent of the principal amount of bonds covered by such application. Such initial planning service fee shall be included in the cost of the facilities to be financed and shall not be refundable by the authority whether or not any such application is approved.
Source:
SL 1972, ch 10, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-34 - Annual planning service fee payable to authority.

1-16A-34. Annual planning service fee payable to authority.
In addition to such initial fee, an annual planning service fee shall be paid to the authority by each participating health institution and each participating educational institution in an amount not exceeding one-fourth of one percent of the principal amount of bonds issued on behalf of such institution and outstanding on the first rental payment date under its lease and on each anniversary date thereafter. Such annual planning service fee shall be paid on said dates or in installments as may be satisfactory to the authority.
Source:
SL 1972, ch 10, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-35 - Purpose of planning service fees--Agencies used in planning.

1-16A-35. Purpose of planning service fees--Agencies used in planning.
It is anticipated the fees required by §§1-16A-33 and 1-16A-34 shall be used for necessary expenses to determine the need of facilities in the area concerned and to that end the authority may utilize recognized voluntary and official health planning and educational planning organizations and agencies at local, regional and state levels as well as the state statutory bodies having health or educational facilities planning responsibilities and also for necessary administrative expenses.
Source:
SL 1972, ch 10, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-36 - Planning services and surveys obtained from other agencies.

1-16A-36. Planning services and surveys obtained from other agencies.
In addition the authority may, for a negotiated fee, retain the services of any other public or private person, firm or corporation for the furnishing of services and data for use by the authority in determining the need and location of any such facilities for which application is being made or for such other services or surveys as the authority deems necessary to carry out the purposes of this chapter.
Source:
SL 1972, ch 10, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-37 - Proration of planning service fees between institutions.

1-16A-37. Proration of planning service fees between institutions.
In the event bonds are issued by the authority for the concurrent benefit of two or more participating health institutions or two or more participating educational institutions then the fees to be paid to the authority under §§1-16A-33 and 1-16A-34 shall be prorated among the institutions involved in accordance with the amount of bond proceeds allocated to each participating institution respectively.
Source:
SL 1972, ch 10, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-38 - Issuance and refunding of bonds and obligations.

1-16A-38. Issuance and refunding of bonds and obligations.
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to issue bonds, notes, or other obligations for any of its corporate purposes and to refund the same, all as provided for in this chapter.
Source:
SL 1972, ch 10, §7 (8).
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-39 - Terms and form of bonds issued.

1-16A-39. Terms and form of bonds issued.
The bonds may be issued as serial bonds or as term bonds or a combination of both types. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding forty years from the date thereof, may be payable at such place or places whether within or without the State of South Dakota, may bear interest at such rate or rates per annum as shall be determined by the authority and without regard to any interest rate limitation appearing in any other law, payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the authority, either manually or by facsimile, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the authority, and may contain such provisions not inconsistent herewith, all as shall be provided in the resolutions of the authority whereunder the bonds shall be authorized to be issued or as shall be provided in a trust indenture authorized by the authority.
Source:
SL 1972, ch 10, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-40 - Sale of bonds--Expenses of issuance.

1-16A-40. Sale of bonds--Expenses of issuance.
The bonds of the authority may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the authority, and the authority may pay all expenses, premiums, and commissions which it may deem necessary or advantageous in connection with the issuance thereof.
Source:
SL 1972, ch 10, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-41 - Negotiability of bonds.

1-16A-41. Negotiability of bonds.
All bonds of the authority and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
Source:
SL 1972, ch 10, §11.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-42 - Bonds payable only from revenues.

1-16A-42. Bonds payable only from revenues.
All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or sale by the authority of the facilities concerned or of any thereof as may be designated in the resolutions of the authority under which the bonds shall be authorized to be issued or as may be designated in a trust indenture authorized by the authority.
Source:
SL 1972, ch 10, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-43 - Pledge of revenues to secure bonds.

1-16A-43. Pledge of revenues to secure bonds.
The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues, rentals, and receipts out of which the same shall be made payable and may be secured by a trust indenture or mortgage or deed of trust (including assignment of leases or other contract rights of the authority thereunder) covering all or any part of the facilities from which the revenues, rentals, or receipts so pledged may be derived, including any enlargements of and additions to any such facilities thereafter made.
Source:
SL 1972, ch 10, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-44 - Pledge continuing until bonds paid.

1-16A-44. Pledge continuing until bonds paid.
Each pledge, agreement, lease, indenture, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made.
Source:
SL 1972, ch 10, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-45 - Maintenance, rental and funding agreements in bond resolution.

1-16A-45. Maintenance, rental and funding agreements in bond resolution.
The resolution under which the bonds are authorized to be issued and any such trust indenture, mortgage, or deed of trust may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collection of rents for any portions thereof leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, including the designation of a trustee, all as the authority shall deem advisable and not in conflict with the provisions hereof.
Source:
SL 1972, ch 10, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-46 - Pooling of leases for pledge of revenues.

1-16A-46. Pooling of leases for pledge of revenues.
In addition to the foregoing, bonds of the authority may be secured by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of the facilities with two or more participating health institutions or participating educational institutions, as lessees respectively, upon such terms as may be provided for in the resolutions of the authority or as may be provided for in a trust indenture authorized by the authority.
Source:
SL 1972, ch 10, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-47 - Bond redemption privileges retained.

1-16A-47. Bond redemption privileges retained.
If deemed advisable by the authority there may be retained in the resolutions or the trust indenture under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such resolutions or in such trust indenture, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such resolutions or in such trust indenture, and as may be briefly recited in the face of the bonds, but nothing herein contained shall be construed to confer on the authority the right or option to redeem any bonds except as may be provided in the resolutions or in such trust indenture under which they shall be issued.
Source:
SL 1972, ch 10, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-48 - Additional bonds for facilities or HEAL loans--Protection of prior bondholders.

1-16A-48. Additional bonds for facilities or HEAL loans--Protection of prior bondholders.
Issuance by the authority of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same facilities or HEAL loans or any other facilities or HEAL loans or any other purpose hereunder, but the resolutions or trust indenture whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.
Source:
SL 1972, ch 10, §11; SL 1982, ch 10, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-49 - Remedies of bondholders on default.

1-16A-49. Remedies of bondholders on default.
In the event of default in payment of the principal of or interest on any bonds of the authority or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the resolutions authorizing the bonds or in any trust indenture, mortgage, or deed of trust executed as security therefor, said payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any mortgage and deed of trust, or any one or more of said remedies.
Source:
SL 1972, ch 10, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-50 - General obligation not created by issuance of bonds--Tax levy not promised.

1-16A-50. General obligation not created by issuance of bonds--Tax levy not promised.
Bonds issued under the provisions of this chapter shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof other than the authority or a pledge of the faith and credit of the state or of any such political subdivision other than the authority, but shall be payable solely from the funds herein provided therefor. The issuance of bonds under the provisions of this chapter shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment.
Source:
SL 1972, ch 10, §13.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-51 - State debt not created--Disclaimer in bonds.

1-16A-51. State debt not created--Disclaimer in bonds.
Nothing in this chapter shall 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 bonds 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 shall not in any event be liable for the payment of the principal of or interest on any bonds of 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 their general credit or against their taxing power.
Source:
SL 1972, ch 10, §13.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-52 - Pledge of full faith and credit of authority or institution.

1-16A-52. Pledge of full faith and credit of authority or institution.
Nothing contained in §1-16A-50 or 1-16A-51 shall prevent or be construed to prevent the authority from pledging its full faith and credit or the full faith and credit of a participating health institution or participating educational institution, as the case may be, to the payment of bonds authorized pursuant to this chapter.
Source:
SL 1972, ch 10, §13.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 16A - Health And Educational Facilities Authority › Section 1-16A-52.1 - Financing through federally guaranteed securities authorized.

1-16A-52.1.Financing through federally guaranteed securities authorized.
Notwithstanding any other provisions of this chapter to the contrary, the authority may finance the cost of an educational or health facility, or refund outstanding indebtedness incurred prior to or after the effective date of this section for the construction or acquisition of an educational or health facility, by issuing its bonds pursuant to a plan of financing involving the acquisition of any federally guaranteed security or securities or the acquisition or entering into of commitments to acquire any federally guaranteed security or securities. For the purposes of this chapter, "federally guaranteed security" shall mean any direct obligation of, or obligation the principal of and interest on which are fully guaranteed or insured by, the United States of America or any obligation issued by or the principal of and interest on which are fully guaranteed or insured by any agency or instrumentality of the United States of America, including without limitation any such obligation that is issued pursuant to the National Housing Act (12 U.S. C. §1701 et seq.), or any successor provision of law, each as amended from time to time.
Source:
SL 1979, ch 7, §2.