South Dakota Codified Laws
Chapter 12 - South Dakota Building Authority
Section 5-12-51 - .Purposes of special purpose corporation.

5-12-51. Purposes of special purpose corporation.
The purposes of the corporation established by the authority pursuant to §§5-12-48 to 5-12-61, inclusive, are:
(1)To purchase, acquire, own, pledge, encumber, or otherwise transfer all right, title, and interest of the state in, to, and under the master settlement agreement, including, without limitation, all right, title, and interest to receive or collect tobacco settlement revenues;
(2)To raise funds through the issuance of bonds or other obligations or evidences of indebtedness or ownership or through the sale, transfer, pledge, encumbrance, securitization, factoring, or other conveyance of the rights described above in subdivision (1) of this section for the purposes of depositing net proceeds of bonds in the education enhancement trust fund and as otherwise described in §§5-12-48 to 5-12-61, inclusive;
(3)To serve the Legislature by making reports concerning the foregoing;
(4)To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;
(5)To have and to use a corporate seal and to alter the same at pleasure;
(6)To maintain an office at such place or places as the authority by resolution may designate;
(7)To receive funds transferred to it by the authority, the state, or others; and
(8)To do all things necessary and convenient to carry out the purposes of this chapter.
The corporation shall also be vested with the same power and authority, and shall be subject to the same limitations and conditions, as are applicable to the authority pursuant to §§5-12-1.1, 5-12-4, 5-12-5, 5-12-8.1, 5-12-22, 5-12-24, 5-12-26, 5-12-27, 5-12-27.1, 5-12-27.2, 5-12-27.3, 5-12-27.4, 5-12-27.6, 5-12-28, 5-12-38, 5-12-38.1, and 5-12-40, except such power and authority shall be exercised with respect to and shall be limited to the purposes of the corporation set forth in this section, the final maturity date of any bonds issued, incurred, or created hereunder may not be in excess of forty years for the date of delivery thereof, and the corporation may not engage in any unrelated activities. In addition, the corporation may invest any of its funds in permitted investments.

Source: SL 2001, ch 27, §4; SL 2013, ch 28, §3.

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.