South Dakota Codified Laws
Chapter 12 - South Dakota Building Authority
Section 5-12-1 - .Authority created--Composition--Initial terms--Political affiliation--Chairman.

5-12-1. Authority created--Composition--Initial terms--Political affiliation--Chairman.
There is created the South Dakota Building Authority, a body corporate and politic, to consist of seven members appointed by the Governor with the advice and consent of the Senate. The terms for the initial appointments shall be as follows: one member four years; two members three years; two members two years, and two members one year. Not all of the members shall be of the same political party. No person shall be appointed to the building authority who is an elected official of the State of South Dakota or any subdivision thereof. One of the members shall be designated by the Governor as chairman.

Source: SL 1967, ch 276, §1; SL 1980, ch 21, §3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 5 - Public Property, Purchases and Contracts

Chapter 12 - South Dakota Building Authority

Section 5-12-1 - .Authority created--Composition--Initial terms--Political affiliation--Chairman.

Section 5-12-1.1 - .Authority continued within Bureau of Finance and Management--Records and reports.

Section 5-12-1.2 - .Meaning of United States Department of Agriculture Conservation Reserve Program.

Section 5-12-2 - .Terms of members--Vacancies--Quorum.

Section 5-12-3 - .Oath and bond of members.

Section 5-12-4 - .Members receive no compensation--Reimbursement of expenses.

Section 5-12-5 - .Employment of personnel.

Section 5-12-6 - .Common seal of authority.

Section 5-12-7 - .Purposes of authority.

Section 5-12-8 - .Studies and investigations of land needs.

Section 5-12-8.1 - .Additional powers with respect to projects under §5-12-8.

Section 5-12-10 - .Transfer of state property to authority.

Section 5-12-11 - .Power of authority to acquire property--Methods of acquisition.

Section 5-12-11.1 - .Standards and specifications to accommodate persons with disabilities.

Section 5-12-12 - .Plans and specifications for projects to be undertaken.

Section 5-12-13 - .Lease of facilities and sites to state agencies authorized--Commencement of payments under lease.

Section 5-12-14 - .Terms, conditions, and rental under leases--Annual extension provision.

Section 5-12-15 - .Lessee's option to purchase--Conveyance on exercise of option.

Section 5-12-16 - .Taxes and insurance added to rental properties--Authorization to self-insure.

Section 5-12-17 - .Authority's power to use facilities for other purposes on nonpayment of rent--Appropriations and funds from which rent payable.

Section 5-12-18 - .Costs and reserves to be covered by rent and charges.

Section 5-12-19 - .Tax exemption of property owned or leased by authority--Exception.

Section 5-12-20 - .Resolutions for revenue bonds authorized--Purpose--Legislative approval required.

Section 5-12-21 - .Purposes for which bonds issued--Refunding and refinancing--Pledge of income.

Section 5-12-22 - .Terms and interest rate of bonds.

Section 5-12-23 - .Revenues and income from which bonds payable--Use of educational facilities fund--Disposition of revenues.

Section 5-12-24 - .Execution and registration of bonds--Validity of signature by officers.

Section 5-12-25 - .Restrictions on obligation stated on face of bonds.

Section 5-12-26 - .Creation of state obligation not authorized.

Section 5-12-27 - .Contract with bondholders--Bondholders' remedies.

Section 5-12-27.1 - .Refunding bonds authorized--Purposes.

Section 5-12-27.2 - .Amount of refunding bonds.

Section 5-12-27.3 - .Exchange or sale of refunding bonds--Proceeds of sale--Cancellation of bonds and coupons--Evidence of discharge of interest obligation.

Section 5-12-27.4 - .Exchange or sale of bonds--Disposition of proceeds of sale.

Section 5-12-27.5 - .Assistance in conserving and improving soil and water resources of highly erodible cropland by means of loans--Revenue bonds and interim notes authorized.

Section 5-12-27.6 - .No indebtedness to be charged against state.

Section 5-12-27.7 - .Acceptance and expenditure of gifts, contributions, etc., authorized.

Section 5-12-27.8 - .Lease and sublease agreements with South Dakota Building Authority authorized to support purpose and payment of revenue bonds or interim notes.

Section 5-12-28 - .Interim notes authorized--Purposes of borrowing.

Section 5-12-29 - .Resolution for issuance of interim notes--Interest rate--Maturity date.

Section 5-12-30 - .Terms and registration of interim notes--Redemption prior to maturity--Execution of notes--Pledge of income and revenue.

Section 5-12-31 - .Additional provisions to secure payment of interim notes.

Section 5-12-32 - .Debt limitations not applicable to interim notes--Personal liability not created by execution of notes.

Section 5-12-33 - .Payment of interim notes or purchase of government obligations with proceeds from sale of revenue bonds.

Section 5-12-34 - .Disposition of income under chapter--Public building fund.

Section 5-12-35 - .Accounts maintained by authority--Purpose of disbursements from public building fund.

Section 5-12-36 - .Authority to convey property to state when debt paid or payment provided for--Reversion to authority.

Section 5-12-37 - .Record of rental payments under lease--Conveyance to lessee after amortization of debt.

Section 5-12-38 - .Annual audit.

Section 5-12-38.1 - .Informational budget required.

Section 5-12-39 - .Contractual power of authority.

Section 5-12-40 - .Bylaws, rules, and regulations of authority.

Section 5-12-41 - .Severability of provisions.

Section 5-12-42 - .Sale and lease-back arrangements--Sales and land leases authorized--Use of proceeds.

Section 5-12-43 - .Sale and lease-back arrangements--Contracts to acquire use or ownership authorized--Terms.

Section 5-12-44 - .Provisions applicable to contracts to acquire use or ownership.

Section 5-12-45 - .Revenue bonds to finance sale and lease-back arrangements--Lending proceeds--Refund or refinance of obligations.

Section 5-12-46 - .Legislative approval required for sale and lease-back arrangements.

Section 5-12-47 - .Revenue obligations--Issuance--Purpose--Funds for payment.

Section 5-12-47.1 - .Payment of lease rental obligations to South Dakota Building Authority by Bureau of Finance and Management.

Section 5-12-47.2 - .Irrevocable escrow agreement for defeasance and payment of lease revenue trust certificates and bonds--Arrangements to pay governmental expenses.

Section 5-12-48 - .Definition of terms.

Section 5-12-48.1 - .Authority may invest funds in certain permitted investments.

Section 5-12-49 - .Transfer and sale of state's right to tobacco settlement revenues--Disposition of funds--Written agreement--Filing of agreement.

Section 5-12-50 - .Establishment of special purpose corporation--Limitations--Board membership--Powers of corporation.

Section 5-12-50.1 - .Bond transactions to be public records subject to disclosure.

Section 5-12-51 - .Purposes of special purpose corporation.

Section 5-12-52 - .Bonds of corporation not a lien, charge or liability against the state--Pledge of education enhancement trust funds prohibited.

Section 5-12-53 - .Pledge of non-interference by state to impair terms of bonds--Liability of state on bonds.

Section 5-12-54 - .Liability of authority and special purpose corporation.

Section 5-12-55 - .Special purpose corporation treated as public instrumentality of state--Income of authority and corporation not taxed--Obligations of corporation deemed public securities.

Section 5-12-56 - .Employees of special purpose corporation.

Section 5-12-59 - .State pledge to honor agreements of authority or corporation with regard to certain federal income tax exclusions.

Section 5-12-61 - .Authority may contract to manage payment or interest rate risk for bonds.