reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-37 - Interim notes--Additional security for payment.

49-16B-37. Interim notes--Additional security for payment.
The authority, in order further to secure the payment of the interim notes, may make any other or additional covenants, terms and conditions not inconsistent with the provisions of §§49-16B-13 and 49-16B-15, and do any and all acts and things as may be necessary or convenient or desirable in order to secure payment of its interim notes, or, in the discretion of the authority, as will tend to make the interim notes more acceptable to lenders, notwithstanding that the covenants, acts or things may not be enumerated herein. However, nothing contained in this section authorizes the authority to secure the payment of the interim notes out of property or facilities, other than the facilities acquired with the proceeds of the interim notes, and any net income and revenue derived from the facilities and the proceeds of revenue bonds.
Source:
SL 1980, ch 323, §33; SL 2010, ch 145, §200.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-38 - Interim notes not indebtedness within constitutional or statutory limitations.

49-16B-38. Interim notes not indebtedness within constitutional or statutory limitations.
The interim notes do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
Source:
SL 1980, ch 323, §34; SL 2010, ch 145, §201.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-39 - Payment of interim notes contemporaneously with issue of revenue bonds or escrow of bond proceeds for future repayment.

49-16B-39. Payment of interim notes contemporaneously with issue of revenue bonds or escrow of bond proceeds for future repayment.
Contemporaneously with the issue of revenue bonds as provided by this chapter, all interim notes, even though they may not then have matured, shall be paid, both principal and interest to date of payment, from the funds derived from the sale of revenue bonds for the permanent financing and such interim notes shall be surrendered and canceled, or the proceeds at the sale of said bonds, excepting the accrued interest received, shall be used to purchase direct obligations of the United States of America so long as such obligations will mature at such time or times, with interest thereon or the proceeds received therefrom, to provide funds adequate to pay when due or called for redemption prior to maturity the notes to be refunded, together with the interest accrued thereon and any redemption premium due thereon, and such proceeds or obligations of the United States of America shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of South Dakota, with power to accept and execute trusts, or any successor thereto, which is also a member of the federal deposit insurance corporation and of the federal reserve system, to be held in an irrevocable trust solely for and until the payment and redemption of the notes so to be refunded, and any balance remaining in said escrow after the payment and retirement of the notes to be refunded shall be returned to said authority to be used and held for use as revenues pledged for the payment of said refunding bonds.
Source:
SL 1980, ch 323, §35.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-40 - Interim notes--No personal liability.

49-16B-40. Interim notes--No personal liability.
No member, officer, agent, or employee of the authority, nor any other person who executes interim notes, may be liable personally by reason of the issuance thereof.
Source:
SL 1980, ch 323, §35.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-41 - Income of authority--Payment to state treasurer or trustee--Railroad authority fund--Disbursements.

49-16B-41. Income of authority--Payment to state treasurer or trustee--Railroad authority fund--Disbursements.
The gross total income derived by the authority from:
(1)The sale of bonds;
(2)Charges, fees, or rentals; and
(3)All other revenue derived from any project undertaken pursuant to this chapter;
shall be paid to the treasurer of the State of South Dakota or to a trustee under a resolution, trust indenture or other security agreement. The income shall beheld by the state treasurer or a trustee in trust for the purposes of this chapter, in a special fund known as the railroad authority fund. In all cases, the state treasurer shall be ex officio custodian of such fund. Disbursements shall be made from such fund upon the order of the authority.
Source:
SL 1980, ch 323, §36; SL 1981 (2d SS), ch 4, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-42 - Authority to account for income--Disbursements from accounts in fund.

49-16B-42. Authority to account for income--Disbursements from accounts in fund.
The authority shall keep account of the gross total income derived from each separate project or any combination thereof undertaken pursuant to this chapter. Disbursements from a given account in the railroad authority fund shall be ordered by the authority only for the payment of:
(1)The principal of and interest on the bonds issued for each project, or combination thereof;
(2)The cost of maintenance and operation of the facility or facilities, unless otherwise provided for; and
(3)Any other purposes set forth in the resolution authorizing the issuance of said bonds.
Source:
SL 1980, ch 323, §37.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-43 - Conveyance of property to state by authority.

49-16B-43. Conveyance of property to state by authority.
To accomplish projects of the kind listed in §49-16B-10, the authority shall convey property, without charge, to the Department of Transportation if and when all debts which have been secured by the income from the property have been paid. In addition, the railroad authority may, prior to the payment of all debts secured by such property, convey property to the state or its subdivisions for public purposes or improvements, if the sale of secured property is made only after a finding by the railroad authority that the sale does not materially or adversely affect the interests of secured creditors and if the proceeds from any sale shall be used to reduce or provide for the payment of any outstanding debt.
Source:
SL 1980, ch 323, §38; SL 1981, ch 329, §4; SL 1996, ch 20, §28.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-44 - Record of lease rental payments--Conveyance of property to state upon receipt of sufficient rentals to pay bonds.

49-16B-44. Record of lease rental payments--Conveyance of property to state upon receipt of sufficient rentals to pay bonds.
An accurate record shall be kept of the rental payments under each lease entered into by the authority or Department of Transportation. If the rentals applicable to each project or facility, or any combination thereof, constructed, completed, improved, and equipped are paid, in amounts sufficient to amortize and pay the principal of and interest upon the total principal amounts of bonds of the authority issued to pay the cost of each project or facility, including maintenance and operation expenses and that proportion of the administrative expense of the authority as provided for by each lease, the property shall, except as may be otherwise provided in a lease, be conveyed without charge to the State of South Dakota.
Source:
SL 1980, ch 323, §39; SL 1981, ch 329, §5; SL 1981 (2d SS), ch 4, §10; SL 1996, ch 20, §29.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-46 - Contract power of authority.

49-16B-46. Contract power of authority.
The authority may enter into contracts regarding any matter connected with any corporate purpose within the objects and purposes of this chapter.
Source:
SL 1980, ch 323, §41.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16B - South Dakota Railroad Authority › Section 49-16B-47 - Bylaws, rules and regulations of authority.

49-16B-47. Bylaws, rules and regulations of authority.
To accomplish projects of the kind listed in §49-16B-10, the authority may adopt all necessary bylaws, rules, and regulations for the conduct of the business and affairs of the authority, and for the management and use of facilities and sites acquired under the powers granted by this chapter.
Source:
SL 1980, ch 323, §42.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16C - Railroad Trust Fund › Section 49-16C-1 - Railroad trust fund--Creation--Expenditure.

49-16C-1. Railroad trust fund--Creation--Expenditure.
For the purposes of planning, enlarging, maintaining, equipping, and protecting railroads and railroad facilities, there is hereby created a special fund within the state treasury known as the railroad trust fund. All moneys in the fund, except as otherwise provided in this chapter, shall be expended in accordance with the provisions of chapter 4-7, chapter 4-8, chapter 4-8A, and chapter 4-8B.
Source:
SL 1981, ch 100, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16C - Railroad Trust Fund › Section 49-16C-2 - Transfer of money to railroad authority fund.

49-16C-2. Transfer of money to railroad authority fund.
Upon approval of a proposed expenditure as provided for in §49-16B-13.1, the Governor shall order the approved amount of money transferred from the railroad trust fund to the railroad authority fund.
Source:
SL 1981, ch 100, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16C - Railroad Trust Fund › Section 49-16C-3 - Loans to regional railroad authorities--Procedure.

49-16C-3. Loans to regional railroad authorities--Procedure.
The South Dakota State Railroad Board may upon the written approval of the Governor make loans from the railroad trust fund to regional railroad authorities upon such terms and conditions as the State Railroad Board may determine. The South Dakota State Railroad Board shall adopt rules, pursuant to chapter 1-26 establishing the procedures for loan application and approval.
Source:
SL 1981, ch 100, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16C - Railroad Trust Fund › Section 49-16C-4 - Interest and fees on loans to regional authorities.

49-16C-4. Interest and fees on loans to regional authorities.
The South Dakota State Railroad Board may set from time to time the interest rates at which it shall make the loans provided for in §49-16C-3. In addition to such interest charges, the board may make and collect such costs, fees, and other charges as the board may deem necessary.
Source:
SL 1981, ch 100, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16C - Railroad Trust Fund › Section 49-16C-5 - Expenditures to match federal funds.

49-16C-5. Expenditures to match federal funds.
The South Dakota State Railroad Board may, with the approval of the Governor, expend funds from the railroad trust fund to match federal railroad rehabilitation funds.
Source:
SL 1981, ch 100, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16C - Railroad Trust Fund › Section 49-16C-6 - Expenditure to join other states in preserving certain railroad.

49-16C-6. Expenditure to join other states in preserving certain railroad.
The South Dakota State Railroad Board may, upon approval of the Governor, expend from the railroad trust fund an amount not to exceed one million dollars to join with other states to preserve the railroad line extending from Jonathan, Minnesota, in a westerly direction through South Dakota to Miles City, Montana.
Source:
SL 1981, ch 100, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16C - Railroad Trust Fund › Section 49-16C-7 - Continuous appropriation of fund.

49-16C-7. Continuous appropriation of fund.
Any funds in the railroad trust fund designated for expenditure by any of the provisions of §49-16B-13.1, 49-16C-2, 49-16C-3, 49-16C-5, or 49-16C-6 are hereby continuously appropriated for such purposes.
Source:
SL 1981, ch 100, §10A.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 16C - Railroad Trust Fund › Section 49-16C-8 - Purchase of rolling stock or operation of railroad not authorized.

49-16C-8. Purchase of rolling stock or operation of railroad not authorized.
Provisions of this chapter do not constitute permission to purchase railroad rolling stock or to operate any railroad.
Source:
SL 1981, ch 100, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-19 - Acceptance by commission of funds for railroad improvement--Acquisition, construction and operation of facilities.

49-17-19. Acceptance by commission of funds for railroad improvement--Acquisition, construction and operation of facilities.
The South Dakota Transportation Commission may apply for, accept and expend federal, state, local, and private funds for the improvement of rail transportation. The Transportation Commission may contract for the acquisition, construction, improvement, maintenance, or operation of railroads or railroad facilities.
Source:
SL 1978, ch 343, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-20 - Acceptance of moneys for county or municipality for railroad purposes.

49-17-20. Acceptance of moneys for county or municipality for railroad purposes.
The South Dakota Transportation Commission may act for any county or municipality upon the request of the governing body of such county or municipality, in accepting and receiving moneys for railroad purposes.
Source:
SL 1978, ch 343, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-21 - Contracts for continuation and improvement of freight service.

49-17-21. Contracts for continuation and improvement of freight service.
The South Dakota Transportation Commission may enter into on behalf of the state and for any county or municipality, upon the request of the governing body of such county or municipality, compacts, contracts, or agreements with any state or states, and with public or private corporations operating railroad lines if such compact, contracts, or agreements are deemed necessary for the continuance or improvement of railroad freight service in South Dakota.
Source:
SL 1978, ch 343, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-22 - Identification of branch trackage with potential for service.

49-17-22. Identification of branch trackage with potential for service.
The Department of Transportation shall identify those segments of branch line railroad trackage which, if improved, may provide increased transportation services for the citizens of this state.
Source:
SL 1978, ch 342, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-23 - Programs for improvement of freight service on branch trackage.

49-17-23. Programs for improvement of freight service on branch trackage.
The Department of Transportation shall develop and implement programs to encourage the improvement of rail freight services on such railroad trackage.
Source:
SL 1978, ch 342, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-24 - Contracts for improvement of freight service.

49-17-24. Contracts for improvement of freight service.
The Department of Transportation, with the approval of the South Dakota Transportation Commission, may enter into agreements with railroad corporations, the United States government, persons, municipalities, counties, or regional railroad authorities for carrying out the purposes of §§49-17-22 and 49-17-23.
Source:
SL 1978, ch 342, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-25 - Participation required from users of improved service.

49-17-25. Participation required from users of improved service.
Agreements entered into requiring expenditure of state funds shall also require the expenditure of funds by rail users benefiting from the proposed improvements and the expenditure of funds or the provision of services, by the railroad corporation party to such agreement. The ratio of participation by state rail users and railroad corporations shall be determined by the Department of Transportation for each branch line or branch line segment to be upgraded.
Source:
SL 1978, ch 342, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-26 - Payment to state of portion of revenue increase from improved service.

49-17-26. Payment to state of portion of revenue increase from improved service.
Agreements entered into between the Department of Transportation and railroad corporations, pursuant to §49-17-24, may require payment by the railroad corporation of a portion of increased revenue derived from the improved branch line to the state.
Source:
SL 1978, ch 342, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-27 - Separate fund for improvement and conservation of branch lines.

49-17-27. Separate fund for improvement and conservation of branch lines.
Agreements between railroad corporations and the Department of Transportation pursuant to §49-17-24 which do not require payment of a portion of the increased revenue derived from the improved branch line to be paid by the railroad corporation to the state shall require that the railroad corporation establish and maintain a separate railroad corporation fund to which a specified portion of the increase in revenue derived from the improved railroad branch line shall be credited and that these funds shall be used by the railroad corporation for improvement, restoration, or conservation of railroad branch lines within the state.
Source:
SL 1978, ch 342, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-28 - Acceptance of funds for improvement of branch line service.

49-17-28. Acceptance of funds for improvement of branch line service.
The Department of Transportation with the approval of the South Dakota Transportation Commission shall be authorized to accept and expend for the purposes of §§49-17-22 and 49-17-23, funds which it may obtain from any source including funds received from railroad corporations under the terms of §49-17-26.
Source:
SL 1978, ch 342, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17 - State Aid To Railroad Construction And Maintenance › Section 49-17-29 - Vouchers and warrants for expenditures for improvement of branch line service.

49-17-29. Vouchers and warrants for expenditures for improvement of branch line service.
Expenditures authorized in §§49-17-22 to 49-17-28, inclusive, shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Transportation, or his designee.
Source:
SL 1978, ch 342, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-1 - Definition of terms.

49-17A-1. Definition of terms.
Terms used in this chapter, unless the context plainly otherwise requires, mean:
(1)"Bonds," any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter;
(2)"Governing body," the official or officials authorized by law to exercise ordinance making or other lawmaking powers of a political subdivision;
(3)"Political subdivision," or "subdivision," any county, municipality, or other body politic of this state;
(4)"Project," any railroad or related facilities operated or owned by an authority, including all real and personal property, structures, machinery, equipment and appurtenances or facilities which are part of such railroad and useful in connection therewith, including facilities for the convenience of handling passengers and freight or as part of railroad operations;
(5)"Railroad authority" or "authority," any authority created pursuant to the provisions of this chapter;
(6)"Real property," lands, structures and interests in land, including lands under water and riparian rights, including any and all lesser interests, such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, pertaining to real property.
Source:
SL 1978, ch 344, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-2 - Creation of authority by agreement of subdivisions.

49-17A-2. Creation of authority by agreement of subdivisions.
Two or more subdivisions may form a regional railroad authority by execution of an agreement authorized by resolution of the governing body of each subdivision.
Source:
SL 1978, ch 344, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-3 - Contents of agreement creating authority.

49-17A-3. Contents of agreement creating authority.
The agreement authorized in §49-17A-2 shall state:
(1)That the railroad authority is created and incorporated under the provisions of this chapter as a political subdivision of this state, to exercise thereunder a part of the sovereign power of the state;
(2)The name of the authority which shall include the words "regional railroad authority";
(3)The names of the subdivisions which have approved the agreement and are the initial members of the regional railroad authority;
(4)The names and addresses of the persons initially appointed by the resolutions approving the agreement to act as the representatives or alternate representatives of the subdivisions;
(5)The address of the registered office of the authority and the name of its registered agent at such office;
(6)That the subdivisions which are members of the regional railroad authority and its commissioners, officers, and agents are not liable for its obligations;
(7)Any other provision for regulating the business of the regional railroad authority which may be agreed upon by the subdivisions.
Source:
SL 1978, ch 344, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-3.1 - Authority may not change resolution eschewing taxing power.

49-17A-3.1. Authority may not change resolution eschewing taxing power.
Any railroad authority may adopt a resolution amending the provisions of the agreement authorized by §49-17A-2 to specify that the railroad authority may not levy a tax pursuant to the provisions provided in chapter 49-17A. The railroad authority shall file a certified copy of the resolution with the secretary of state and the secretary of state shall issue an amended certificate of incorporation. The railroad authority may not adopt a resolution to amend or repeal this resolution prohibiting the railroad authority from levying a tax pursuant to the provisions provided in chapter 49-17A.
Source:
SL 1997, ch 264, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-4 - Filing of agreement and resolutions--Certificate of incorporation--Beginning of corporate existence.

49-17A-4. Filing of agreement and resolutions--Certificate of incorporation--Beginning of corporate existence.
The agreement and a certified copy of the resolution of each subdivision shall be filed with the secretary of state. If the agreement conforms to the requirements of this chapter the secretary of state shall file it and issue a certificate of incorporation, which shall state the name of the authority and the date of incorporation. The existence of the authority as a political subdivision of this state shall begin upon the issuance of the certificate of incorporation. The certificate of incorporation shall be conclusive evidence of the existence of the authority.
Source:
SL 1978, ch 344, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-5 - Hearing before adoption of resolution--Publication of notice.

49-17A-5. Hearing before adoption of resolution--Publication of notice.
No resolution authorized by §49-17A-2 or 49-17A-11 shall be adopted without a public hearing. Notice of such hearing shall be given at least ten days prior thereto in the official newspaper of the subdivision, or if the subdivision has no official newspaper, then in a newspaper having general circulation in the subdivision.
Source:
SL 1978, ch 344, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-6 - Election of commissioners--Terms of office--Vacancies.

49-17A-6. Election of commissioners--Terms of office--Vacancies.
The representatives of the subdivisions which are members of a regional railroad authority shall elect commissioners of the regional railroad authority. The number to be elected and their representation shall be provided for in the agreement. All commissioners of a regional railroad authority shall be elected for a term of three years. Vacancies shall be filled for the unexpired term in the same manner as the original elections. Each commissioner shall hold office until his or her successor has been elected and qualified.
Source:
SL 1978, ch 344, §6; SL 1981, ch 333, §1; SL 2012, ch 227, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-7 - Power vested in commissioners--Rules for operation.

49-17A-7. Power vested in commissioners--Rules for operation.
The power of each regional authority is vested in the commissioners. Each authority may adopt and amend rules for its own operations subject to the agreement of the subdivisions establishing the authority and subject to the provisions of this chapter.
Source:
SL 1978, ch 344, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-8 - Chairman and secretary-treasurer of authority.

49-17A-8. Chairman and secretary-treasurer of authority.
Each regional authority shall elect a chairman and a secretary-treasurer, from among the commissioners.
Source:
SL 1978, ch 344, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-9 - Executive director and other agents--Delegation of powers and duties.

49-17A-9. Executive director and other agents--Delegation of powers and duties.
A regional authority may appoint or elect an executive director, and such other officers, agents, and employees as it may determine. An authority may delegate its powers and duties to one or more of its officers, agents, or employees.
Source:
SL 1978, ch 344, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-10 - Reimbursement of commissioners' expenses.

49-17A-10. Reimbursement of commissioners' expenses.
A commissioner shall receive no compensation for his services but shall be reimbursed for the necessary expenses incurred in the discharge of his duties.
Source:
SL 1978, ch 344, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-11 - Addition of subdivision to authority.

49-17A-11. Addition of subdivision to authority.
A regional authority may be increased to serve an additional subdivision upon approval by resolution of the additional subdivision pursuant to this chapter and approval of the commissioners.
Source:
SL 1978, ch 344, §11; SL 1981, ch 333, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-12 - Withdrawal of subdivision from authority--Disposition of assets and liabilities.

49-17A-12. Withdrawal of subdivision from authority--Disposition of assets and liabilities.
A regional authority may be decreased if the commissioners of the regional authority consent to the decrease. In such event, the commissioners shall provide for the retention and make provisions for the retention or disposition of its assets and liabilities. However, if the regional authority has any bonds outstanding no decrease shall be effected unless one hundred percent of the holders of the bonds consent in writing thereto.
Source:
SL 1978, ch 344, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-13 - Filing of resolution increasing or decreasing authority--Amended certificate of incorporation.

49-17A-13. Filing of resolution increasing or decreasing authority--Amended certificate of incorporation.
If a regional authority is increased or decreased pursuant to §49-17A-11 or 49-17A-12, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant thereto. Upon receipt thereof, the secretary of state shall issue an amended certificate of incorporation.
Source:
SL 1978, ch 344, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-14 - Powers of political subdivisions in aid of regional authority.

49-17A-14. Powers of political subdivisions in aid of regional authority.
Any subdivision for which an authority has been created may:
(1)Lend or donate money to the authority;
(2)Provide that all or a portion of the taxes or funds available to the subdivision for railroad purposes, be transferred or paid directly to the authority;
(3)Cause water, sewer or drainage facilities, or any other facilities which it is authorized to provide, to be furnished adjacent to or in connection with such railroads or facilities;
(4)Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to the authority;
(5)Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, and walks from established streets or roads to such railroad facilities;
(6)Aid and cooperate with the authority in the planning, undertaking, construction, or operation of railroad facilities;
(7)Enter into agreements with the authority regarding action to be taken by the subdivision pursuant to the provisions of this section.
Source:
SL 1978, ch 344, §14.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-15 - Corporate powers of authority.

49-17A-15. Corporate powers of authority.
A regional authority may:
(1)Sue and be sued, have a seal, and have perpetual succession;
(2)Execute such contracts, other instruments, and take such action as may be necessary to carry out the purposes of this chapter.
Every authority may exercise such powers as are necessary or incidental to carry out the purposes of this chapter.
Source:
SL 1978, ch 344, §15.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-16 - Planning, acquisition and operation of railroads and facilities--Acquisition of property.

49-17A-16. Planning, acquisition and operation of railroads and facilities--Acquisition of property.
A regional authority may plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect its railroads, and railroad facilities used or useful in the operation of the railroad. For such purposes an authority may acquire by purchase, gift, devise, lease, condemnation real or personal property, or any interest therein.
Source:
SL 1978, ch 344, §16.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-17 - Use of public waters by authority--Buildings, roadways and bridges.

49-17A-17. Use of public waters by authority--Buildings, roadways and bridges.
A regional authority may establish or acquire and maintain railroads over any public waters of this state and any submerged lands under such public waters. It may construct and maintain terminal buildings, causeways, roadways, and bridges for approaches to or connecting with any such railroads.
Source:
SL 1978, ch 344, §17.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-18 - Power of eminent domain--Restrictions on acquisition of public or railroad property.

49-17A-18. Power of eminent domain--Restrictions on acquisition of public or railroad property.
An authority may acquire all real or personal property that it deems necessary for carrying out the purposes of this chapter, whether in fee simple absolute or lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 21-35. An authority shall have no power of eminent domain with respect to property owned by another authority or subdivision or public agency of this or any other state without the consent of such authority, subdivision, or public agency. The authority shall not condemn property owned or used by a railroad corporation unless such property is the subject of an abandonment petition filed with the interstate commerce commission.
Source:
SL 1978, ch 344, §18.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-19 - Public purpose and necessity for acquisitions.

49-17A-19. Public purpose and necessity for acquisitions.
All land and other property and privileges acquired and used by or on behalf of any authority are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
Source:
SL 1978, ch 344, §37.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-20 - Exemption from taxation of property and income of authority.

49-17A-20. Exemption from taxation of property and income of authority.
Any property acquired by an authority and any income derived by the authority shall be exempt from taxation.
Source:
SL 1978, ch 344, §38.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-21 - Annual certification of tax levy for authority--Levy of tax--Collection.

49-17A-21. Annual certification of tax levy for authority--Levy of tax--Collection.
An authority may certify annually to the governing bodies the amount of tax to be levied by said governing bodies for railroad purposes. Each subdivision shall levy the amount certified, pursuant to provisions of law authorizing municipalities and other political subdivisions of this state to levy taxes for such purposes. The levy may not exceed the maximum levy permitted by the laws of this state for such purposes. Each subdivision shall collect the taxes certified by a railroad authority in the same manner as other taxes are levied, collected and paid to the railroad authority.
Source:
SL 1978, ch 344, §19.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-21.1 - Zones of benefit--Tax levy applied to.

49-17A-21.1. Zones of benefit--Tax levy applied to.
The authority may, in connection with the certification of an annual tax levy pursuant to §49-17A-21, designate various zones of benefit or geographical portions of the member subdivisions which, in the judgment of the authority, will be or have been benefited by projects. The authority may then certify that such annual levy be applied only to such benefited area.
Source:
SL 1979, ch 310.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-22 - Maximum tax levy--County levy not applied in subdivision making levy.

49-17A-22. Maximum tax levy--County levy not applied in subdivision making levy.
In subdivisions which are parties to an agreement creating a regional railroad authority, a levy, in addition to all other levies authorized by law, not to exceed two dollars and forty cents per thousand dollars of taxable valuation of property in such subdivisions, may be made for such purposes. A county levy may not apply to any other subdivision making such levy hereunder.
Source:
SL 1978, ch 344, §20; SL 1989, ch 87, §15F.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-23 - Deposit of tax proceeds--Expenditure.

49-17A-23. Deposit of tax proceeds--Expenditure.
The proceeds of taxes for support of a railroad authority shall be deposited in such account or accounts in which other revenues of the authority are deposited and may be expended by the authority as provided in this chapter.
Source:
SL 1978, ch 344, §21.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-24 - Covenant to levy taxes until bonds paid.

49-17A-24. Covenant to levy taxes until bonds paid.
Prior to the issuance of bonds, the authority may by resolution covenant and agree that the total amount of such taxes authorized or any portion thereof will be certified, levied, and deposited annually as herein provided, until the bonds and interest thereon are fully paid.
Source:
SL 1978, ch 344, §22.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-25 - Acceptance and expenditure of federal and other grants and loans.

49-17A-25. Acceptance and expenditure of federal and other grants and loans.
An authority may accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this chapter.
Source:
SL 1978, ch 344, §23.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-26 - Designation of railroad division as agent of authority--Funds held in separate account--Vouchers and warrants.

49-17A-26. Designation of railroad division as agent of authority--Funds held in separate account--Vouchers and warrants.
An authority may designate the secretary of transportation as its agent to accept, receive, receipt for, and disburse federal and state moneys, and other moneys, public or private, made available by grant or loan or both, to accomplish in whole or in part, any of the purposes of this chapter. It may designate the secretary of transportation as its agent to contract for and supervise the planning, acquisition, development, construction, improvement, maintenance, equipping, or operation of any railroad or railroad facility.
All funds received by the secretary of transportation pursuant to this section shall be deposited in the state treasury. Unless otherwise prescribed by the agency from which such funds were received, the funds shall be kept in separate accounts according to the purposes for which the funds were made available. Such funds shall be held by the state in trust for such purposes, and paid on warrants drawn by the state auditor on vouchers approved by the secretary of transportation.
Source:
SL 1978, ch 344, §24.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-27 - Issuance of bonds and notes--Purposes for which proceeds used.

49-17A-27. Issuance of bonds and notes--Purposes for which proceeds used.
An authority may from time to time issue its bonds or notes in such principal amounts as the authority shall deem necessary to carry out any of its corporate purposes and powers, including, but not limited to the funding or refunding of the principal of or interest or redemption premiums on, any bonds or notes issued by it whether or not the bonds or notes or interest to be funded or refunded have or have not become due, the establishment or increase of reserves to secure or to pay the bonds or notes or interest thereon, and the payment of or establishment of reserves for all other costs or expenses of the authority incident to and necessary to carry out its corporate purposes and powers.
Source:
SL 1978, ch 344, §25.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-28 - Revenues and funds pledged to payment of bonds and notes--Negotiability.

49-17A-28. Revenues and funds pledged to payment of bonds and notes--Negotiability.
Every issue of bonds or notes of the authority shall be payable out of revenues or funds of the authority, subject only to agreements with the holders of particular bonds or notes pledging any particular revenues or funds. An authority may issue types of bonds or notes as it may determine, including those payable as to principal and interest solely from one or more revenue producing contracts made by the authority or from its revenues generally. Any bonds or notes may additionally be secured by a pledge of any grant, subsidy or contribution from any public agency, or other person, or a pledge of revenue, income or funds from any source whatsoever. All such bonds and notes shall be negotiable within the meaning of the Uniform Commercial Code, subject only to any registration requirement.
Source:
SL 1978, ch 344, §26.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-29 - Resolutions for bonds or notes--Security agreement--Terms and conditions.

49-17A-29. Resolutions for bonds or notes--Security agreement--Terms and conditions.
Bonds or notes of the authority shall be authorized by resolution of the commissioners and may be issued under the resolution or under a trust indenture or other security agreement, in one or more series, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such conversion, exchange and registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment at such place or places within or outside the state, be subject to such terms of redemption with or without premium, and contain or be subject to such other terms as the resolution, trust indenture or security agreement may provide, and shall not be restricted by any other law limiting amounts, maturities, interest rates, or other terms or obligations of public agencies or private persons.
Source:
SL 1978, ch 344, §27.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-30 - Mortgages and deeds of trust to secure obligations--Filing.

49-17A-30. Mortgages and deeds of trust to secure obligations--Filing.
For the security of such bonds or notes the authority may execute and make mortgages or deeds of trust of the whole or any part of its property which, together with any assignments or release thereof, shall be filed in the Office of the Secretary of State.
Source:
SL 1978, ch 344, §28; SL 1986, ch 27, §52.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-31 - Bond recital conclusive as to authority and purpose.

49-17A-31. Bond recital conclusive as to authority and purpose.
Any bond reciting that it has been issued by the authority pursuant to the provisions and for the purposes of this chapter shall be conclusively deemed to have been issued pursuant to such provisions and for such purposes.
Source:
SL 1978, ch 344, §29.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-32 - Continuing validity of signatures on bonds and notes--Temporary bonds.

49-17A-32. Continuing validity of signatures on bonds and notes--Temporary bonds.
Any bonds or notes may be issued and delivered notwithstanding that any of the commissioners or officers executing them shall have ceased to hold office at the time of actual delivery. Pending preparation of definitive bonds, an authority may issue temporary bonds which shall be exchanged for definitive bonds.
Source:
SL 1978, ch 344, §30.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-34 - Bonds exempt from taxation.

49-17A-34. Bonds exempt from taxation.
Bonds issued by an authority pursuant to the provisions of this chapter, together with interest and income therefrom, shall be exempt from all taxes.
Source:
SL 1978, ch 344, §32.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-35 - Persons executing bonds not personally liable.

49-17A-35. Persons executing bonds not personally liable.
The commissioners of an authority or any person executing such bonds shall not be liable personally by reason of their issuance.
Source:
SL 1978, ch 344, §33.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 17A - Regional Railroad Authorities › Section 49-17A-36 - Arrangements for operating and providing railroad service.

49-17A-36. Arrangements for operating and providing railroad service.
The authority may enter into contracts, leases, and other arrangements for such term as the authority may determine with any persons:
(1)Granting the privilege of using or improving the railroad or any portion or facility or space for commercial purposes;
(2)Conferring the privilege of supplying goods, commodities, things, services, or facilities along the railroad;
(3)Making available services to be furnished by the authority or its agents.
In each case the authority may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service.
Source:
SL 1978, ch 344, §34.