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.
The authority is authorized to establish policies and procedures, in coordination with the Bureau of Finance and Management, which shall facilitate the issuance by school districts of capital outlay certificates, and the establishment of terms for lease purchase agreements that are secured by a pledge of state aid to education funds as provided in §§13-19-27 and 13-19-29. The authority may enter into agreements with school districts, paying agents, trustees, and the state to implement the provisions of the program. The authority may provide other arrangements and procedures for determining the minimum requirements and related terms and conditions applicable to the pledge of state aid to education funds and the applicable contractual provisions for providing notice and implementing the pledge and payments consistent with §§13-19-27, 13-19-29, and 13-13-39.
Source: SL 2015, ch 90, §5.
Structure 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-4 - Appointment of members of authority--Qualifications.
Section 1-16A-5 - Terms of office of members--Vacancies.
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-15.2 - 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-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-52.5 - 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-55 - Bonds of authority as legal investments.
Section 1-16A-56 - Conveyance of facility to participating institution when debt paid.
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-68 - Health education assistance loan program--Payment 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-75 - Funding program for purchase of notes--Issuance of bonds or notes.
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-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-99 - Contracts made by school district, state, or authority not to be impaired.