South Dakota Codified Laws
Chapter 16B - Economic Development Finance Authority
Section 1-16B-59 - Bond authorization, terms, and sale--Interest rate--Noninterest-bearing bonds.

1-16B-59 . Bond authorization, terms, and sale--Interest rate--Noninterest-bearing bonds.
The bonds shall be authorized by a resolution of the authority, shall bear the date or dates and shall mature at the time or times as the resolution or the instrument providing for the issuance of the bonds may provide, except that no bond may mature more than fifty years from the date of its issue. The bonds shall bear interest at the rate or rates, be in the denominations, be in the form, either coupon or registered, be evidenced by physical certificates or uncertificated, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption, including redemption prior to maturity, as the resolution or the instrument providing for the issuance of the bonds may provide. No other state laws relating to the offer, sale or issuance of revenue bonds or any other security may apply to bonds issued by the authority. Bonds of the authority may be sold by the authority at public or private sale, and at the price or prices as the authority shall determine.
The bonds of the authority may bear interest at a fixed, variable or adjustable rate and may be convertible from one method of calculating interest to another. The interest rate may be based upon any formula or contractual arrangement for the periodic determination of interest rates. All interest rates may be established in the resolution or instrument providing for the issuance of the bonds. Any formula or contractual arrangement may authorize the delegation of the interest rate setting function to a third party subject only to the standards or criteria as shall be set forth in the resolution or instrument providing for the issuance of the bonds. In no event may the setting or resetting of the rate of interest on the authority's bonds or the conversion from one method of determining interest to another constitute a reissuance or refunding of bonds issued by the authority if the action is taken in accordance with the resolution or instrument providing for the initial issuance of the bonds.
The authority may issue noninterest bearing bonds or bonds bearing interest at a rate of zero percent and sell the same at the price or prices as may be determined by the authority.

Source: SL 2020, ch 4, ยง 7.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 1 - State Affairs and Government

Chapter 16B - Economic Development Finance Authority

Section 1-16B-1 - Definitions.

Section 1-16B-7 - Finance authority created.

Section 1-16B-8 - Board of directors--Appointment of members.

Section 1-16B-9 - Quorum of board--Action by majority present.

Section 1-16B-10 - Commissioner as chief administrative officer.

Section 1-16B-11 - Staff services to authority--Funds from which expenses paid.

Section 1-16B-12 - Transfer of income from capital reserve fund to a general account--Continuous appropriation for purposes of chapter.

Section 1-16B-14 - Powers of authority.

Section 1-16B-14.1 - Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.

Section 1-16B-15 - Power to issue notes and bonds--Maximum outstanding.

Section 1-16B-16 - Issuance, renewal, payment, and refunding of notes and bonds--Application of proceeds of refunding bonds.

Section 1-16B-17 - Notes and bonds as general obligations of authority--Funds from which payable.

Section 1-16B-18 - Terms of notes and bonds--Maturity--Interest--Registration--Redemption--Sale.

Section 1-16B-19 - State pledge not to impair powers of authority--Inclusion in terms of notes or bonds.

Section 1-16B-20 - Obligations payable only from assets of authority--Statement on face of obligations.

Section 1-16B-21 - Repurchase and cancellation of notes and bonds--Maximum price paid.

Section 1-16B-22 - Issuance of refunding obligations--Terms governed by chapter.

Section 1-16B-23 - Disposition of refunding obligations--Application or investment of proceeds.

Section 1-16B-24 - Bonds and notes as legal investments for public and fiduciary funds.

Section 1-16B-25 - Appointment of trustee on default in payment of bonds or notes.

Section 1-16B-26 - Trustee's powers in protection of bondholders or noteholders.

Section 1-16B-27 - Notice required of trustee before declaring principal due.

Section 1-16B-28 - Incidental powers of trustee.

Section 1-16B-29 - Capital reserve fund required--Moneys paid in.

Section 1-16B-30 - Amounts required in capital reserve fund.

Section 1-16B-31 - Application of capital reserve fund--Transfer of income.

Section 1-16B-32 - Bonds and notes not issued when capital reserve below required amount.

Section 1-16B-33 - Annual budget estimate for restoration of capital reserve fund--Governor's budget--Application of appropriated funds.

Section 1-16B-34 - Establishment of loan funds--Investment.

Section 1-16B-35 - Cooperation with local agencies.

Section 1-16B-36 - Determination of desirability of development projects.

Section 1-16B-37 - Power to make loans to local agencies--Repayment provisions.

Section 1-16B-38 - Maximum loan to local agency--Vote required for approval.

Section 1-16B-40 - Application by local agency for loan--Contents.

Section 1-16B-41 - Loans made only when other loans not available.

Section 1-16B-42 - Preference to projects for processing raw materials produced in state.

Section 1-16B-43 - Maximum percentage of cost loaned to local agency--Assurances as to other financing.

Section 1-16B-44 - Adjustment of local funding requirements when federal agency participates--Subordination to mortgage held by federal agency.

Section 1-16B-45 - Pledge to United States not to impair powers of authority.

Section 1-16B-46 - Terms of loan to local agency--Subordination to other loans.

Section 1-16B-47 - Foreclosure to take title to development project--Sale or lease.

Section 1-16B-48 - Annual reports of authority--Contents.

Section 1-16B-49 - Cumulative rights and powers of authority.

Section 1-16B-50 - Annual action plan--Annual informational report.

Section 1-16B-53 - Preferred development project defined.

Section 1-16B-54 - Direct mortgage loans for preferred development projects.

Section 1-16B-55 - Authority may contract to manage payment or interest rate risk for bonds.

Section 1-16B-57 - Duties and goals--Agricultural production.

Section 1-16B-58 - Lending power of authority.

Section 1-16B-59 - Bond authorization, terms, and sale--Interest rate--Noninterest-bearing bonds.

Section 1-16B-60 - Pledges by authority.

Section 1-16B-61 - Redemption of bonds.

Section 1-16B-62 - Trust indenture securing authority bonds.

Section 1-16B-63 - Proceeds of bonds--Investments.

Section 1-16B-64 - Bonds as negotiable instruments.

Section 1-16B-65 - Execution of bonds--Seal.

Section 1-16B-66 - Immunity from personal liability on bonds.

Section 1-16B-67 - Conflict of interest --Disclosure--Participation in transaction.

Section 1-16B-68 - Tax exemption--Filing fee exemption.

Section 1-16B-69 - Bonds as authorized investments and securities for deposits.

Section 1-16B-70 - Promulgation of rules.

Section 1-16B-71 - Liberal construction of chapter.

Section 1-16B-72 - Disposition of authority assets on dissolution.

Section 1-16B-73 - Compliance with Internal Revenue Code.