South Dakota Codified Laws
Chapter 16A - Health And Educational Facilities Authority
Section 1-16A-52 - Pledge of full faith and credit of authority or institution.

South Dakota Codified Laws

Title 1 - State Affairs and Government

Chapter 16A - Health And Educational Facilities Authority

Section 1-16A-1 - Legislative findings and intent.

Section 1-16A-2 - Definitions.

Section 1-16A-2.2 - Out-of-state participating health institution--Eligibility for financing.

Section 1-16A-3 - Authority created--Public function.

Section 1-16A-3.1 - Authority continued within Bureau of Finance and Management--Records and reports.

Section 1-16A-4 - Appointment of members of authority--Qualifications.

Section 1-16A-5 - Terms of office of members--Vacancies.

Section 1-16A-6 - Business interests not disqualifying for membership--Abstention where conflict of interest.

Section 1-16A-7 - Annual election of chairman and vice-chairman.

Section 1-16A-8 - Meetings open to public--Notice--Resolutions not published.

Section 1-16A-9 - Quorum of authority--Vote required for action.

Section 1-16A-10 - Expenses of members of authority.

Section 1-16A-11 - Removal of member from authority.

Section 1-16A-12 - Executive director and associate--Compensation.

Section 1-16A-13 - Employment of consultants and agents--Compensation.

Section 1-16A-14 - Surety bonds required--Payment of cost.

Section 1-16A-15 - Corporate powers of authority.

Section 1-16A-15.1 - Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing.

Section 1-16A-15.2 - Determination of minimum amount of cash and investment reserves.

Section 1-16A-16 - Delegation of powers and duties.

Section 1-16A-17 - Records maintained by authority--Certified copies.

Section 1-16A-17.1 - Informational budget required.

Section 1-16A-18 - Acceptance of loans and gifts.

Section 1-16A-19 - Investment of surplus funds--Maturity of securities--Manner of investment.

Section 1-16A-20 - Location, construction, operation and maintenance of facilities--Designation of agent.

Section 1-16A-21 - Acquisition of property--Title taken.

Section 1-16A-22 - Restrictions of other laws not applicable.

Section 1-16A-23 - Public works laws not applicable--Competitive bidding not required.

Section 1-16A-24 - Mortgages for security of bondholders.

Section 1-16A-25 - Operation of facilities restricted to leasing.

Section 1-16A-26 - Leasing of facilities--Terms of lease--Option to purchase.

Section 1-16A-27 - Duration of leases--Rentals required.

Section 1-16A-28 - Establishment of rents and charges.

Section 1-16A-29 - Rules and regulations for use of facilities.

Section 1-16A-30 - Laws and ordinances applicable to facilities.

Section 1-16A-31 - Loans to participating institutions--Maximum amount.

Section 1-16A-32 - Refunding loans to participating institutions--Findings required.

Section 1-16A-33 - Initial planning service fee to accompany applications.

Section 1-16A-34 - Annual planning service fee payable to authority.

Section 1-16A-35 - Purpose of planning service fees--Agencies used in planning.

Section 1-16A-36 - Planning services and surveys obtained from other agencies.

Section 1-16A-37 - Proration of planning service fees between institutions.

Section 1-16A-38 - Issuance and refunding of bonds and obligations.

Section 1-16A-39 - Terms and form of bonds issued.

Section 1-16A-40 - Sale of bonds--Expenses of issuance.

Section 1-16A-41 - Negotiability of bonds.

Section 1-16A-42 - Bonds payable only from revenues.

Section 1-16A-43 - Pledge of revenues to secure bonds.

Section 1-16A-44 - Pledge continuing until bonds paid.

Section 1-16A-45 - Maintenance, rental and funding agreements in bond resolution.

Section 1-16A-46 - Pooling of leases for pledge of revenues.

Section 1-16A-47 - Bond redemption privileges retained.

Section 1-16A-48 - Additional bonds for facilities or HEAL loans--Protection of prior bondholders.

Section 1-16A-49 - Remedies of bondholders on default.

Section 1-16A-50 - General obligation not created by issuance of bonds--Tax levy not promised.

Section 1-16A-51 - State debt not created--Disclaimer in bonds.

Section 1-16A-52 - Pledge of full faith and credit of authority or institution.

Section 1-16A-52.1 - Financing through federally guaranteed securities authorized.

Section 1-16A-52.2 - Commitments and agreements for financing through federally guaranteed securities.

Section 1-16A-52.3 - Bonds not to exceed cost of facility--Expenses included--Terms and sale of bonds.

Section 1-16A-52.4 - Title to facility financed through federally guaranteed securities--Mortgage--Lease prohibited.

Section 1-16A-52.5 - Return of securities to issuer when provision made for payment.

Section 1-16A-53 - Refunding bonds authorized--Amount.

Section 1-16A-54 - Methods of refunding--Maturity dates.

Section 1-16A-54.1 - Bond issue authorized to refund securities of participating institution.

Section 1-16A-54.2 - Amount and terms of securities purchased--Mortgage--Insurance and guaranties.

Section 1-16A-54.3 - Pledge of securities to secure bonds--Income used for payment--Maximum principal--Bonds subject to other provisions of chapter.

Section 1-16A-54.4 - Title of financed facility to remain in participating institution--Mortgage--Lease prohibited.

Section 1-16A-55 - Bonds of authority as legal investments.

Section 1-16A-56 - Conveyance of facility to participating institution when debt paid.

Section 1-16A-56.1 - Conveyance provisions inapplicable to refinanced facility--Return of securities when bonds paid or payment provided for.

Section 1-16A-57 - Expenses paid from authority funds--Borrowing for initial operation.

Section 1-16A-58 - Tax exemption of authority.

Section 1-16A-59 - Securities regulation.

Section 1-16A-61 - Powers supplementary.

Section 1-16A-62 - Powers under other law unimpaired.

Section 1-16A-63 - Liberal construction of chapter.

Section 1-16A-64 - Short title of chapter.

Section 1-16A-65 - Health education assistance loan program established.

Section 1-16A-66 - Health education assistance loan program--Powers of authority.

Section 1-16A-67 - Health education assistance loan program--Funding of HEAL loan purchases by bonds, notes or other obligations of authority.

Section 1-16A-68 - Health education assistance loan program--Payment of bonds.

Section 1-16A-69 - Health education assistance loan program--Security for principal and interest of bonds.

Section 1-16A-70 - Health education assistance loan program--Repayment fund created.

Section 1-16A-74 - Power to act as public instrumentality.

Section 1-16A-74.1 - Establishment of funding program for financing of property by public bodies--Assistance--Pledging of payments--Compliance with statutory limitations.

Section 1-16A-75 - Funding program for purchase of notes--Issuance of bonds or notes.

Section 1-16A-76 - Jurisdiction of federal bankruptcy courts--Written contracts concerning bonds or notes enforceable.

Section 1-16A-78 - Authority to issue education savings bonds.

Section 1-16A-79 - Criteria for issuance of education savings bonds.

Section 1-16A-80 - Additional criteria for issuance of education savings bonds.

Section 1-16A-81 - Discounted sale of education savings bonds--Interest--Payment at maturity.

Section 1-16A-82 - Sale of education savings bonds--Computation of aggregate principal.

Section 1-16A-83 - Plan of implementation for issuance and sale of education savings bonds.

Section 1-16A-84 - Designation by authority required for education savings bonds.

Section 1-16A-85 - Pool arrangement defined.

Section 1-16A-86 - Authority as funding authority for pool arrangement.

Section 1-16A-87 - Program for issuance of bonds or certificates of participation that constitute debt of participating agencies--Secured for payment by proceeds of irrepealable tax levies.

Section 1-16A-88 - Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies.

Section 1-16A-89 - Credit enhancement obligation--Conditions.

Section 1-16A-90 - Agreements with other entities involving credit enhancement obligations.

Section 1-16A-91 - Issued indebtedness for accounts receivable program.

Section 1-16A-92 - Authority may contract to manage payment or interest rate risk for bonds.

Section 1-16A-93 - Proposed issuance of obligations--Determination of board.

Section 1-16A-94 - Promulgation of rules establishing forecasting methodology.

Section 1-16A-95 - Issuance of additional obligations--Legislative approval.

Section 1-16A-96 - Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified.

Section 1-16A-97 - Procedures to facilitate school district issuance of capital outlay certificates and terms for lease purchase agreements secured by pledge of state aid to education funds.

Section 1-16A-98 - State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education.

Section 1-16A-99 - Contracts made by school district, state, or authority not to be impaired.