reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-11 - Corporate powers of board--Management of property.

13-49-11. Corporate powers of board--Management of property.
The Board of Regents is, and it and its successors in office shall continue to be, a corporation, or body corporate, with power to sue and be sued, to hold, lease, and manage, for the purposes for which they were established, any property belonging to the educational institutions under its control, collectively or severally, of which it shall in any manner become possessed.
Source:
SDC 1939, §15.0706; SL 1989, ch 155.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-12 - Administration of oaths and examination of witnesses.

13-49-12. Administration of oaths and examination of witnesses.
Any regent may administer oaths and examine witnesses if necessary in the performance of the duties of the board.
Source:
SDC 1939, §15.0707; SL 2007, ch 109, §11.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-13 - Government and regulation of institutions--Supervision of buildings and property.

13-49-13. Government and regulation of institutions--Supervision of buildings and property.
Unless otherwise expressly provided in statute, the Board of Regents shall govern and regulate each institution under its control in such manner as it deems best calculated to promote the purpose for which the institution is maintained, and shall have charge and supervision of all buildings and property connected therewith, and the construction of all buildings for the institution.
Source:
SDC 1939, §15.0708; SL 2007, ch 109, §12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-14 - Employment of officers, instructors and employees--Compensation and terms of employment--Disparate treatment on certain grounds prohibited.

13-49-14. Employment of officers, instructors and employees--Compensation and terms of employment--Disparate treatment on certain grounds prohibited.
The Board of Regents may employ and dismiss all officers, instructors, and employees of such institutions, necessary to the proper management thereof, to determine their number, qualifications, and duties, fix the term of their employment, and rate and manner of their compensation, provide for sabbatical leave on part pay, and provide for a retirement program.
No person may be employed or dismissed, or accorded preferential, adverse, or unequal treatment with respect to any application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or any term or condition of employment, by reason of the person's:
(1)Ideological, political, or sectarian opinions or perspectives; or
(2)Race, color, creed, religion, sex, ancestry, disability, or national origin.
Source:
SDC 1939, §15.0709; SL 1961, ch 56; SL 2007, ch 109, §13; SL 2021, ch 79, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-14.1 - Right of instructors and employees to run for office--Exception.

13-49-14.1. Right of instructors and employees to run for office--Exception.
No instructor, teacher, or other employee of any institution under the jurisdiction of the Board of Regents is subject to loss of job or status on the job for becoming a candidate for any public office. However, the provisions of this section do not apply if the candidacy or public office entails neglect of duty.
Source:
SL 1973, ch 111; SL 2007, ch 109, §14.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-14.2 - Separate retirement or deferred compensation plans prohibited--Exceptions.

13-49-14.2. Separate retirement or deferred compensation plans prohibited--Exceptions.
Except for the provisions of chapter 3-12C, the Board of Regents may not enter into any contract to provide a retirement or deferred compensation plan for any of its employees, other than the president or provost of each of its colleges and universities and the executive director of the Board of Regents.
Source:
SL 1978, ch 125; SL 1981, ch 150, §2; SL 2019, ch 22, §§1 and 45.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-14.3 - Employee insurance benefits through self-insured plan.

13-49-14.3. Employee insurance benefits through self-insured plan.
The Board of Regents, at its discretion, may elect to provide all, or any part of, the insurance benefits for its employees by means of a plan which is self-insured in whole or in part. The board may execute a contract or contracts with such claims administrators as the board may select. In making such selection, the board shall consider, among other things, financial stability, experience, and claims facilities. In evaluating these factors, the board may employ the services of impartial, professional analysts or actuaries, or both.
Source:
SL 1981, ch 24, §2; SL 2021, ch 22, § 4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-14.11 - FTE demand pool created.

13-49-14.11. FTE demand pool created.
There is hereby created within the Board of Regents the FTE demand pool. For the purposes of this section, "FTE" means full-time equivalent as defined in subdivision 2-14-2(12). The initial balance of the FTE demand pool shall be established by the Legislature and may be replenished each year through the general appropriations act. Subject to the approval of the board, the universities may draw upon the pool for FTEs necessary to staff nonstate funded programs. The board shall administer the pool in such a way that any unfunded FTEs are returned to the pool so as to be available to be drawn for other programs.
Source:
SL 1992, ch 133, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-14.12 - South Dakota Services for the Deaf and the South Dakota School for the Visually Handicapped--Maintenance and repair fund.

13-49-14.12. South Dakota Services for the Deaf and the South Dakota School for the Visually Handicapped--Maintenance and repair fund.
The Board of Regents may deposit any moneys held by it pursuant to §13-49-14.2, but not needed to cover liabilities, into a special fund created in the South Dakota school and public lands endowment, known as the South Dakota Services for the Deaf and the South Dakota School for the Blind and Visually Impaired support fund.
All moneys so deposited are part of the school and public lands endowment, whose principal must be held inviolate, and the earnings must be made available to the board to:
(1)Support routine maintenance and repair at the South Dakota School for the Blind and Visually Impaired; and
(2)Support locations utilized by South Dakota Services for the Deaf.
Source: SL 1998, ch 101, §1; SL 2023, ch 62, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-14.13 - Criminal background check.

13-49-14.13. Criminal background check.
A person hired by the South Dakota School for the Blind and Visually Impaired and a person hired by South Dakota Services for the Deaf must submit to a fingerprint-based criminal background check by the Division of Criminal Investigation and the Federal Bureau of Investigation, if the person is to serve:
(1)As a superintendent;
(2)As an administrator;
(3)As a principal;
(4)In a teaching or teaching assistant position;
(5)In a certificated or licensed clinical position; or
(6)As residence hall staff.
The hiring entity shall submit fingerprint cards to the Division of Criminal Investigation before the person enters into service.
If no disqualifying record is identified at the state level, the fingerprints must be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal background check.
Any person subject to the requirements of this section may enter into service on a temporary basis, pending the receipt of results from the background check. The employing entity may, without liability, withdraw an offer of employment, or terminate the temporary employment, without notice, if the report reveals that the person has been convicted of any crime involving moral turpitude, including traffic in narcotics, which might justify suspension or revocation of a teaching certificate pursuant to §13-42-10, or which otherwise reveals circumstances that suggest the person should not be employed.
Source: SL 1999, ch 96, §1; SL 2023, ch 62, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-15 - Purchasing and contracting for institutions--Incidental powers of board.

13-49-15. Purchasing and contracting for institutions--Incidental powers of board.
The Board of Regents may make contracts for service, the erection of buildings, the purchase of all lands, materials, and supplies needed, unless such supplies are under the supervision of the Bureau of Administration.
In the carrying out of such contracts, the board may expend money, exact and collect penalties, and purchase or sell property within the limitations of statute.
Source:
SDC 1939, §15.0710; SL 2007, ch 109, §15.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-16 - Contracts let in accordance with public agency procurement law.

13-49-16. Contracts let in accordance with public agency procurement law.
Any contract for the erection and repair of any building and the purchase of ordinary supplies shall be let in accordance with chapters 5-18A and 5-18B except in the case of coal needed by the institutions.
Source:
SDC 1939, §15.0710; SL 1975, ch 128, §330; SL 2011, ch 2, §129.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-18 - Prosecution of actions by board--Proceeds of judgment.

13-49-18. Prosecution of actions by board--Proceeds of judgment.
The board may bring suit in any proper court in its own name to enforce any contract made by it, and any suit relating to the property referred to in §§13-49-15 and 13-49-16, or to the care, custody, control, management, or improvements thereof. The attorney general shall prosecute any such suit upon request of the board.
Any moneys collected upon any judgment obtained under the provisions of this section shall be paid into the treasury for the benefit of the educational institutions and credited to the proper fund.
Source:
SDC 1939, §15.0711; SL 2007, ch 109, §16.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-19 - Customary management powers conferred on board.

13-49-19. Customary management powers conferred on board.
It is the intention of §§13-49-15 to 13-49-18, inclusive, to confer upon the Board of Regents all powers usually exercised by such boards, and which are necessary to the proper legal management of the educational institutions placed under its control, and the property belonging to the same.
Source:
SDC 1939, §15.0711.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20 - Interstate contracts for education of South Dakota residents.

13-49-20. Interstate contracts for education of South Dakota residents.
The State Board of Regents may enter into agreements or contract with states, individually or on a regional basis, to provide means by which South Dakota residents may be assisted to carry on or complete fields of study. This grant of authority may not be construed as providing scholarship assistance in contravention to §13-55-1.
Source:
SL 1961, ch 87; SL 1989, ch 156, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.1 - Contracts to reserve spaces for South Dakota dental students.

13-49-20.1. Contracts to reserve spaces for South Dakota dental students.
The State Board of Regents is hereby authorized to negotiate and enter into contractual agreements with public or private colleges and universities offering the study of dentistry for the purpose of reserving spaces each year for dental students from South Dakota. Such contractual agreements may include a provision that the Board of Regents in turn will pay a specific reservation fee for each and every student that is accepted for admittance, and sponsored by the Board of Regents, to the study of dentistry. The Board of Regents is further authorized to pay a minimum reservation fee each year of the contract as a guarantee sum in the event that fewer than the stipulated number of students from South Dakota are accepted into the study of dentistry.
Source:
SL 1970, ch 128, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.2 - Contracts to reserve spaces for South Dakota optometric students.

13-49-20.2. Contracts to reserve spaces for South Dakota optometric students.
The State Board of Regents may negotiate and enter into contractual agreements with public or private colleges and universities offering the study of optometry for the purpose of reserving spaces each year for optometric students from South Dakota. Such contractual agreements may include a provision that the Board of Regents pay a specific reservation fee for each student that is accepted for admittance, and sponsored by the Board of Regents, to the study of optometry. The Board of Regents may pay a minimum reservation fee each year of the contract as a guarantee sum in the event that fewer than the stipulated number of students from South Dakota are accepted into the study of optometry.
Source:
SL 1978, ch 124, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.5 - Veterinary student grants.

13-49-20.5. Veterinary student grants.
The Board of Regents shall establish an assistance program for South Dakota resident students who have been admitted to accredited institutions of higher education in a course of veterinary medicine. For all students participating in the program on January 1, 1991, the awards shall be equal to the difference in tuition between the resident and nonresident tuition charged at the institution attended by the eligible students. The Board of Regents may prorate awards provided to students accepted into the program between July 1, 1991, and December 31, 1991, based upon the number of eligible students and the amount of funds available. However, the prorated share to each student may not be greater than the difference in tuition between the resident and nonresident tuition charged at the institution attended by the eligible students. Effective January 1, 1992, students will be accepted into the program on a competitive basis, provided that available funding will permit acceptance of additional award recipients. The executive director of the Board of Regents, in consultation with an advisory committee appointed for the purposes of this section, shall determine the number of new students to be accepted into the program, the criteria for their selection and the amount of awards available to them. No award may be greater than the difference in tuition between the resident and nonresident tuition charged at the institution attended by the participating students. The advisory committee, chaired and appointed by the executive director, shall consist of the dean of the College of Agriculture at South Dakota State University, the head of the Department of Veterinary Science, the state veterinarian, a representative of livestock and dairy producers, the president of the State Veterinary Medicine Association, and one veterinarian who is a member of the State Veterinary Association. New students to be accepted into the program shall be selected by such a committee as the Board of Regents establishes to select candidates for competitive assistance administered under its authority.
The Board of Regents shall promulgate rules pursuant to chapter 1-26 governing the procedure for awarding the resident student awards for the study of veterinary medicine. The grant of this authority and these funds may not be construed as providing scholarship assistance in contravention of §13-55-1.
Source:
SL 1984, ch 129, §2; SL 1991, ch 157, §5; SL 1992, ch 140, §2A.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.6 - Livestock emergency disease fund--Use for reservations or grants for veterinary students.

13-49-20.6. Livestock emergency disease fund--Use for reservations or grants for veterinary students.
Notwithstanding the provisions of §40-15-38, the Governor may utilize all funds in excess of two hundred thousand dollars in the livestock disease emergency fund to provide for reserved veterinary slots or grants in out-of-state schools as authorized in this chapter.
Source:
SL 1984, ch 129, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.7 - Veterinary medicine education tuition assistance--Contract regarding conditions to be met by student.

13-49-20.7. Veterinary medicine education tuition assistance--Contract regarding conditions to be met by student.
Any student desiring to receive veterinary medicine education tuition assistance pursuant to this chapter shall sign a contract agreeing to:
(1)Complete the undergraduate and graduate veterinary medicine education requirements to become a practicing veterinarian;
(2)Practice veterinary medicine in South Dakota within three years after completion of his veterinary education and maintain that practice for a period of one year for each academic year the student received a veterinary medicine tuition award pursuant to this chapter;
(3)Pay interest on the amount of the tuition assistance at the category A rate of interest specified in §54-3-16 to accrue from the time the scholarship is awarded, if the student does not complete the terms of the contract.
Source:
SL 1991, ch 157, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.8 - Violation of contract by student--Repayment of tuition awards--Damages.

13-49-20.8. Violation of contract by student--Repayment of tuition awards--Damages.
If the state treasurer determines that the recipient of a veterinary medicine tuition award authorized by this chapter has violated the provisions of the contract, the recipient shall repay the amount of the tuition awards and pay such damages as may be determined by any circuit court in this state in which a civil action may be brought by the state treasurer. If the recipient is required to repay tuition awards and interest, the recipient shall do so no later than five years after the state treasurer has determined a violation of the agreement has occurred.
Source:
SL 1991, ch 157, §7; SL 2007, ch 109, §17.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.9 - Forgiveness or deferral of repayment based upon special circumstances.

13-49-20.9. Forgiveness or deferral of repayment based upon special circumstances.
The state treasurer may forgive or defer all or part of the repayment required in this chapter if the state treasurer determines that special circumstances exist due to the death or disability of the student or due to an extreme hardship which renders the student unable to complete the student's veterinary education or fulfill the student's service obligation.
Source:
SL 1991, ch 157, §8; SL 2007, ch 109, §18.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.10 - Repayment deposited in livestock disease emergency fund.

13-49-20.10. Repayment deposited in livestock disease emergency fund.
Any net repayment made pursuant to this chapter shall be deposited to the livestock disease emergency fund.
Source:
SL 1991, ch 157, §9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.11 - Notification and collection as to repayment.

13-49-20.11. Notification and collection as to repayment.
The treasurer may promulgate rules pursuant to chapter 1-26 to establish notification and collection procedures.
Source:
SL 1991, ch 157, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.12 - Report as to award recipients.

13-49-20.12. Report as to award recipients.
The Board of Regents shall annually provide the state treasurer a report indicating the recipients of awards pursuant to §§13-49-20.5, 13-49-20.7 to 13-49-20.13, inclusive, and copies of any contracts signed pursuant to §13-49-20.7.
Source:
SL 1991, ch 157, §11.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.13 - Applicability of tuition assistance program.

13-49-20.13. Applicability of tuition assistance program.
Sections 13-49-20.7 to 13-49-20.12, inclusive, apply only to students entering the program after July 1, 1991.
Source:
SL 1991, ch 157, §12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.14 - Contracts to reserve spaces for South Dakota State University veterinary students to complete degree.

13-49-20.14. Contracts to reserve spaces for South Dakota State University veterinary students to complete degree.
The Board of Regents may negotiate and enter into contractual agreements with the University of Minnesota or a future other accredited institution of higher education collaborating with South Dakota State University veterinary program for final degree completion, to reserve spaces for South Dakota State University students completing the remaining requirements for a degree in veterinary medicine.
Source:
SL 1993, ch 149, §4; SL 2019, ch 88, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.15 - Assistance for students entering veterinary medicine.

13-49-20.15. Assistance for students entering veterinary medicine.
No student entering a program of veterinary medicine after July 1, 1993, may receive assistance pursuant to §13-49-20.5, except through the contractual arrangement established in §13-49-20.14.
Source:
SL 1993, ch 149, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-20.16 - Requirements for veterinary students receiving tuition grants.

13-49-20.16. Requirements for veterinary students receiving tuition grants.
At least six of the students receiving tuition grants each year pursuant to §§10-45-16.1 and 10-46-17.5 shall be required to complete the graduate veterinary medicine education requirements to become a practicing veterinarian, commence practicing veterinary medicine in South Dakota within one year of graduation, and continue practicing veterinary medicine in South Dakota for at least four years thereafter. The Board of Regents shall enforce the requirements of the program in accordance with its authority as set forth in §13-49-20.5.
Source:
SL 2019, ch 88, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-21 - Accounting and record-keeping systems--Budget--Duties of executive director.

13-49-21. Accounting and record-keeping systems--Budget--Duties of executive director.
The executive director is responsible for the maintenance of modern, uniform systems of accounting and record-keeping at all institutions; and for the compilation of a budget for the board, for the office of the executive director and for all public institutions in the state under the Board of Regents.
Source:
SDC Supp 1960, §15.0705 as added by SL 1955, ch 293, §1; SL 1968, ch 35, §1; SL 1980, ch 143; SL 1981, ch 150, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-27.1 - Nonaccredited institutions prohibited from offering postsecondary education credit or degree--Misdemeanor and civil penalty--Exception.

13-49-27.1. Nonaccredited institutions prohibited from offering postsecondary education credit or degree--Misdemeanor and civil penalty--Exception.
No person or governmental entity may offer postsecondary education credit or degree in South Dakota, or while organized under the laws of South Dakota, unless currently holding accreditation from an accrediting agency recognized by the United States Department of Education pursuant to 20 U.S.C. §1099b as amended to January 1, 2009, as a regional or national institutional accrediting agency, or participating in any federal financial assistance program authorized by Title IV of the Higher Education Act of 1965 as amended to January 1, 2009, or unless the person or governmental entity is, for a period of no more than five years, actively seeking accreditation from a recognized accrediting agency while operating in South Dakota under an affiliation agreement with an institution accredited by an agency recognized by the United States Department of Education as a regional or national institutional accrediting agency or an institution that participates in federal financial assistance programs if, under the terms of the articulation agreement, the institution holding regional or national institutional accreditation or participating in federal financial aid programs is responsible for awarding credits and degrees, maintaining transcripts, and, in appropriate circumstances, administering federal financial aid programs. A violation of this section is a Class 1 misdemeanor and subjects the violator to a civil penalty of twenty-five thousand dollars.
The provisions of this section do not apply to a religious institution that offers credit or degree solely for the purpose of conferring status or authority within that religion.
Source:
SL 2001, ch 91, §1; SL 2009, ch 89, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-31 - "Records" defined for purposes of public access.

13-49-31."Records" defined for purposes of public access.
For purposes of public access to records of the Board of Regents and institutions under its control, except such records as are deemed confidential, secret, or privileged under law, the term, records, means:
(1)Records, documents, and instruments that are required to be kept or preserved under law;
(2)Any rules adopted pursuant to the provisions of chapter 1-26, together with all materials, statements, and memoranda received by the board at hearings on such proposed rules;
(3)Any documents and materials received and written decisions or rulings issued by the board in the course of contested case proceedings that, pursuant to §1-26-21, constitute the record of a contested case;
(4)Agenda, together with attached materials, and minutes of official meetings of the board, except for items properly considered in executive session;
(5)Official statements of board or institutional policy as compiled in policy manuals, handbooks, catalogues or comparable documents adopted by the board or the regental institutions for the internal management of the board or regental institutions;
(6)Collective bargaining agreements; joint powers agreements; articulation agreements; memoranda of understanding and comparable documents; approved contracts for the erection of buildings, the purchase of lands, materials and supplies, or service other than individual employment contract. However, if a contract provides for confidentiality to protect intellectual property that is not yet in the public domain, those portions of the contract that disclose the subject matter or the terms relating to the control or disposition of intellectual properties covered by the contract, are not public records; and
(7)Intellectual property that is in the public domain.
Source:
SL 1995, ch 104.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-32 - Functions of Agricultural Heritage Museum.

13-49-32. Functions of Agricultural Heritage Museum.
The functions of the Agricultural Heritage Museum, located at Brookings, South Dakota, are transferred from the Department of Education to the Board of Regents.
Source:
SL 1995, ch 319 (Ex. Ord. 95-3), §17; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-33 - Salary negotiations not settled by certain date deemed to be at impasse.

13-49-33. Salary negotiations not settled by certain date deemed to be at impasse.
All negotiations pursuant to §3-18-3 for salary policy undertaken pursuant to this chapter that have not been settled by April fifteenth of any given year shall be deemed to be at impasse.
Source:
SL 1999, ch 17, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-34 - Resale of computers leased to students upon expiration of lease.

13-49-34. Resale of computers leased to students upon expiration of lease.
Notwithstanding the provisions of chapter 5-24A, if the Board of Regents assesses a special student fee to students in order to lease personal computers for the use of those students at a university, the Board of Regents may, upon the expiration of the lease, acquire the computers and offer them for resale to students, staff, or alumni through a university bookstore or to any political subdivision of the state or in bulk at fair market value on the resale market.
Source:
SL 2007, ch 111, §1, eff. Mar. 2, 2007; SL 2011, ch 2, §130.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-35 - Board of Regents performance improvement fund.

13-49-35. Board of Regents performance improvement fund.
There is hereby created a special fund known as the Board of Regents performance improvement fund. All money in the Board of Regents performance improvement fund is dedicated for the purposes of leveraging non-state grant funding for research infrastructure and improving postsecondary students' academic success. Interest earned on money in the fund shall be deposited into the fund. Expenditures from this fund shall be appropriated through the normal budgeting process.
The Board of Regents may accept for the purposes of this section 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 2011, ch 99, §§1, 2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-36 - Federal grants and contracts fund.

13-49-36. Federal grants and contracts fund.
There is hereby established in the state treasury the federal grants and contracts fund. The Board of Regents and its institutions may accept and shall deposit into the fund any money received from grants, contracts, or cooperative agreements with federal government agencies. Any money in the fund is continuously appropriated to the Board of Regents and its institutions. The Board of Regents and its institutions may expend money in the fund for expenditures related to federal grants and contracts. Interest earned on money in the fund shall be deposited into the fund. Unexpended money and any interest that may be credited to the fund shall remain in the fund. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in §4-7-7.2.
Source:
SL 2017, ch 82, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-37 - Other grants and contracts fund.

13-49-37. Other grants and contracts fund.
There is hereby established in the state treasury the other grants and contracts fund. The Board of Regents and its institutions may accept and shall deposit into the fund any money received from grants, contracts, or cooperative agreements with entities other than the federal government. Any money in the fund is continuously appropriated to the Board of Regents and its institutions. The Board of Regents and its institutions may expend money in the fund for expenditures related to other grants and contracts. Interest earned on money in the fund shall be deposited into the fund. Unexpended money and any interest that may be credited to the fund shall remain in the fund. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in §4-7-7.2.
Source:
SL 2017, ch 82, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-38 - Precision agriculture fund created.

13-49-38. Precision agriculture fund created.
There is hereby created the precision agriculture fund. Money in the fund may be used for the construction and renovation of the precision agriculture classroom and laboratory building and Berg Agriculture Hall; bond redemption; and the annual maintenance, operations, and repair of the buildings. Interest earned on money in the fund shall be deposited in the fund. The fund shall be administered by the Board of Regents.
Source:
SL 2018, ch 123, §8, eff. Mar. 22, 2018.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-39 - Collective bargaining--Prohibition.

13-49-39. Collective bargaining--Prohibition.
The collective bargaining provisions set forth in chapters 3-18 and 60-9A do not apply to any person employed by the Board of Regents or employed by an institution under the control of the Board of Regents, except for public employees at South Dakota Services for the Deaf and the South Dakota School for the Blind and Visually Impaired, as provided in §3-18-1.
Source: SL 2020, ch 63, §1; SL 2023, ch 62, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 49 - State Board Of Regents › Section 13-49-40 - Annual Presentation--Board of Regents.

13-49-40. Annual Presentation--Board of Regents.
The Board of Regents must provide an annual presentation to the special committee, created pursuant to §4-8A-2, no later than November 1 each year, regarding letters of intent issued by the Joint Committee on Appropriations, or information requested by the special committee on the recommendations from the task force created by Senate Bill 55 enacted in the 2020 legislative session. The provisions of this section are repealed on July 1, 2027.
Source:
SL 2022, ch 46, §1.
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Effective July 1, 2027
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13-49-40. Repealed.
Source:
SL 2022, ch 46, §1.
Commission Note: This section was repealed on July 1, 2027, as expressed in SL 2022, ch 46, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-1 - Legislative approval required for erecting, maintaining buildings or leasing facilities.

13-51-1. Legislative approval required for erecting, maintaining buildings or leasing facilities.
The Board of Regents of this state is hereby expressly prohibited from erecting any buildings or structures or maintaining and equipping such buildings, or making any lease or lease-purchase payments for any purposes authorized in §13-51-2 without the approval of the Legislature first obtained.
Source:
SL 1939, ch 56, §1; SDC Supp 1960, §15.0726; SL 1998, ch 102, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-1.1 - Authority of board to lease site for public higher education programs--Funding.

13-51-1.1. Authority of board to lease site for public higher education programs--Funding.
Notwithstanding any other provisions of law, the Board of Regents may enter into a lease agreement with the Capital University Center Foundation and Advisory Board for the lease of a site in Pierre, South Dakota, to be used for the delivery of public higher education programs. All such academic programs shall be directly provided by the following institutions:
(1)University of South Dakota;
(2)South Dakota State University;
(3)South Dakota School of Mines and Technology;
(4)Northern State University;
(5)Black Hills State University; or
(6)Dakota State University.
No postsecondary degrees may be awarded or conferred except by the above institutions.
The board may use funds annually appropriated by the Legislature from the higher education facilities fund, created in §13-51-2, to make payments therefor.
Source:
SL 1999, ch 97, §1; SL 2008, ch 85, §1; SL 2016, ch 109, §8, eff. Mar. 21, 2016.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-1.3 - Sioux Falls site for instructional, research, and service programs--Limitations on use.

13-51-1.3. Sioux Falls site for instructional, research, and service programs--Limitations on use.
The expenditures authorized by chapter 106 of the 2006 Session Laws must be solely for the purposes of providing a site for the operation of instructional, research, and service programs delivered through institutions established by the Legislature and governed by the Board of Regents. The Board of Regents may only use the property for the primary purpose of education or research. It is the intent of the Board of Regents and the Eighty-first Legislature that the Board of Regents may not without express legislative authorization:
(1)Organize the programs delivered at this site into a separate degree-granting institution;
(2)Erect student residence facilities on the site;
(3)Construct facilities on the site for use as intercollegiate athletic practice or competition;
(4)Establish intercollegiate athletic teams at the site;
(5)Sell any portion of the property acquired pursuant to chapter 106 of the 2006 Session Laws unless the property is appraised and advertised and offered for sale at public auction. No portion of the property may be sold except at public sale and for an amount less than the appraised value;
(6)Lease for nonagricultural purposes more than ten percent of the surface area of the property to third parties;
(7)Lease to third parties more than ten percent of the useable space within any building constructed with state funds appropriated by the Legislature; or
(8)Permit any free-standing commercial facility to be constructed on the property or any commercial facility to be located within any building constructed with state funds unless the commercial facility is reasonably needed to meet the convenience and needs of the students and instructors using the building.
Source: SL 2006, ch 106, §3, eff. Mar. 8, 2006; SL 2022, ch 47, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-1.4 - Government Operations and Audit Committee review.

13-51-1.4. Government Operations and Audit Committee review.
Commencing in 2017 and every year thereafter, the provisions of §13-51-1.3 shall be reviewed by the Government Operations and Audit Committee. The committee shall review the appropriateness of the provisions of §13-51-1.3 and make recommendations to the Legislature regarding any revisions, additions, or deletions to the various conditions contained in §13-51-1.3. The committee shall, at the same time, conduct a review of each of the university centers, the off-campus sites in Pierre, Rapid City, and Sioux Falls where courses are being offered, and report the committee findings and recommendations to the Legislature.
Source:
Source:  SL 2006, ch 106, §4, eff. Mar. 8, 2006.; SL 2017, ch 88, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-1.5 - Sioux Falls research park.

13-51-1.5. Sioux Falls research park.
The Board of Regents may provide for the construction, development, maintenance, and operation of a research park on the property in Sioux Falls acquired pursuant to chapter 106 of the 2006 Session Laws. All limitations imposed by §13-51-1.3 upon the use of University Center land shall continue in full force and effect with the exception of the separately platted tracts occupied by the research park authorized by this section. Such separately platted tracts shall, instead, be subject to the limitations on the use of research parks stated in this section.
Source:
Source:  SL 2009, ch 93, §1.; SL 2018, ch 105, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-1.6 - South Dakota State University Agricultural Experiment Station in Moody County.

13-51-1.6. South Dakota State University Agricultural Experiment Station in Moody County.
The Board of Regents may enter into a lease-purchase agreement to acquire agricultural property in Moody County for the use and benefit of the South Dakota State University Agricultural Experiment Station. The lease may have a term not to exceed fifteen years, and an annual lease payment by the Board of Regents not to exceed one hundred twenty thousand dollars. The annual lease payment shall be authorized through the normal budgeting process and shall be made from other funds derived from grant and contract indirect recovery funds, royalty funds, and income from sales of services.
Source:
SL 2015, ch 106, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-2 - Educational facilities fund continued--Purposes--Appropriation requirements and restrictions.

13-51-2. Educational facilities fund continued--Purposes--Appropriation requirements and restrictions.
There is continued an educational facilities fund in the state treasury from which the Board of Regents may make expenditures, relating only to institutions of higher education under its jurisdiction, to:
(1)Make lease payments to the South Dakota Building Authority for projects authorized to be paid out of that fund by the Legislature;
(2)Maintain and repair existing facilities in amounts as may be authorized by the Legislature;
(3)Maintain and repair the Sanford School of Medicine building occupied under capital lease located on Lot 9 except the North 14 Feet, Lots 10 through 14, the East 7.7 Feet of Lots 15, 18 and 19, and the East 7.7 Feet except the North 14 Feet of Lot 20, Block 2, Hayward Investment Company Subdivision of Block A of Hayward's Addition, and the West one-half of the vacated portion of Euclid Avenue adjacent to Lot 9 except the North 14 Feet and Lots 10, 11 and 12, Block 2, Hayward Investment Company Subdivision of Block A of Hayward's Addition to the City of Sioux Falls, Minnehaha County, South Dakota;
(4)Make rent payments from higher education facilities funds, appropriated through the general appropriation act for such purposes, to other private or public parties for educational facilities in accordance with §13-51-1 as necessary to the proper and efficient delivery of instruction; and
(5)Build and equip new facilities as may be authorized by the Legislature.
No funding may be provided in any year for subdivision (4) or (5) of this section until the level of annual appropriations reaches fifteen million dollars for subdivision (2) of this section. Authorizations for new lease payments, new construction, reconstruction, and renovation are restricted to and may not exceed the amount of higher education facilities funds in excess of the sum of existing lease payments to the South Dakota Building Authority plus fifteen million dollars for maintenance and repair.
Source:
SL 1965, ch 68; SL 1968, ch 60, §1; SL 1977, ch 142, §1; SL 1979, ch 130; SL 1980, ch 39, §3; SL 1980, ch 146, §4; SL 1981, ch 156, §1; SL 1983, ch 136, §1; SL 1987, ch 147; SL 1989, ch 158; SL 1991, ch 158, §1; SL 1998, ch 102, §1; SL 1999, ch 97, §2; SL 2011, ch 100, §1; SL 2016, ch 109, §9, eff. Mar. 21, 2016.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-4 - Recommendations by regents for legislative appropriation or authorization of expenditures.

13-51-4. Recommendations by regents for legislative appropriation or authorization of expenditures.
It shall be the duty of the Board of Regents, and the board has the power and authority, to consider the needs for new facilities or for the complete renovation of existing structures, at institutions of higher education under the jurisdiction of such board, and to make recommendations to the Legislature for specific legislative appropriation or authorization for expenditure or pledges from the educational facilities fund to meet such needs.
Source:
SL 1965, ch 68; SL 1968, ch 60, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-5 - Separate institutional funds in treasury for self-liquidating projects.

13-51-5. Separate institutional funds in treasury for self-liquidating projects.
The state treasurer may establish separate funds for each of the state institutions under the supervision of the Board of Regents for which the Board of Regents has or may hereafter issue self-liquidating revenue bonds to provide funds for the construction of self-liquidating projects.
Source:
SL 1963, ch 335.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-6 - Identification of funds for self-liquidating projects--Consolidation of funds for institution.

13-51-6. Identification of funds for self-liquidating projects--Consolidation of funds for institution.
When established pursuant to §13-51-5, each separate fund shall bear the name of the institution and shall be further identified by such other descriptive terminology as may be proper and conform to contracts regarding self-liquidating projects executed by the Board of Regents, provided, however, that the funds authorized by §13-51-5 shall consolidate the funds of each institution.
Source:
SL 1963, ch 335.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 51 - Facilities At State Institutions › Section 13-51-7 - Institutional accounting for individual project funds--Reconciliation with consolidated funds in treasury.

13-51-7. Institutional accounting for individual project funds--Reconciliation with consolidated funds in treasury.
Upon establishment of accounts pursuant to §13-51-5, each institution shall keep and maintain accounting records of each individual project in such manner that each project is separately identified. The fund records of each of the several project funds shall, at all times, be reconcilable with the consolidated institution funds on deposit with the state treasurer.
Source:
SL 1963, ch 335.