South Dakota Statutes

Title 5 - PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Chapter 01 - Department of School and Public Lands
- Section 5-1-1 - Repealed.
- Section 5-1-10 - Public survey records maintained--Access of United States to records.
- Section 5-1-11 - Fees chargeable for copies and examinations of survey records--Disposition.
- Section 5-1-14 - Annual report to Governor--Contents.
- Section 5-1-15 - Permit required for paleontological excavation.
- Section 5-1-16 - Promulgation of rules governing issue of paleontological excavation.
- Section 5-1-17 - Permission required for removal of paleontological specimen.
- Section 5-1-18 - Paleontological collections as property of state.
- Section 5-1-19 - Revocation or suspension of paleontological excavation license--Violation asmisdemeanor.
- Section 5-1-2 - Definition of terms.
- Section 5-1-3 - Appointment of deputy commissioner--Oath of office--Powers.
- Section 5-1-4 - Organization of commissioner's office--Employment of personnel.
- Section 5-1-5 - Superseded.
- Section 5-1-6 - Travel and expenses of departmental personnel.
- Section 5-1-7 - General powers of commissioner--Plats and records--Sales and leases--Contracts andpatents--Seal of office.
- Section 5-1-7.1 - Repealed.
- Section 5-1-7.2 - Additional types of subsidiary leases--Commercial, forestry or military purposes--Rules.
- Section 5-1-8 - Land records and conveyances transferred to commissioner--Indexing and filing.
- Section 5-1-9 - Records of subdivisions granted to state--Organization and contents.
- Sections 5-1-1.1 to 5-1-1.3 - Repealed
- Sections 5-1-12, 5-1-13 - Repealed
Chapter 02 - State-owned Lands in General
- Section 5-2-1 - Acquisition of options for additional lands for institutions.
- Section 5-2-10 - Public easements over state and county lands for conservation and parks--Grant ofeasements for electric, water, sewer, and fuel lines--Air rights.
- Section 5-2-11 - Application for conveyance or easement on state-owned lands--Approval byGovernor--Recording--Disposition of payments.
- Section 5-2-11.1 - Abandoned railroads on state property--Documentation by affidavit of commissioner.
- Section 5-2-11.2 - Recording of affidavit.
- Section 5-2-11.3 - Previously recorded affidavits validated.
- Section 5-2-12 - Mineral reservation in leases and conveyances of state land.
- Section 5-2-13 - Disposition of proceeds from sale or lease of reserved minerals.
- Section 5-2-14 - Conveyance or exchange of reserved minerals with United States--Appraisal.
- Section 5-2-15 - Assignment to inferior lien holders of mortgages and sheriffs' certificates held bystate--School fund mortgages.
- Section 5-2-16 - Assignment by county commissioners of sheriffs' certificates in school loanmortgages.
- Section 5-2-17 - Land sales within federal irrigation projects to conform to federal limitations.
- Section 5-2-18 - Relocation benefits and assistance in acquisition of property--Compliance withfederal act.
- Section 5-2-19 - Review process of property given to state.
- Section 5-2-2 - Repealed.
- Section 5-2-2.1 - Sale of realty by Board of Regents, Department of Corrections, and Department ofHuman Services--Crediting, investment, and deposit of proceeds.
- Section 5-2-2.2 - Minimum cash price--Method of sale--Time, notice, and conduct of auction--Conveyance.
- Section 5-2-2.3 - Use of proceeds and interest from sale.
- Section 5-2-2.4 - Lease of land by executive branch--Period of lease--Renewal--Amount.
- Section 5-2-3 - Exchange of state lands for federal lands in Indian reservations--Advertising andappraisement not required.
- Section 5-2-4 - State ownership of lake and river beds declared--Riparian owners protected.
- Section 5-2-5 - Contracts permitting taking of sand and gravel from state-owned lake and river beds--Exclusive privilege prohibited.
- Section 5-2-6 - Proceeds of sand and gravel contracts--Payment--Deposit.
- Section 5-2-7 - Rules and conditions governing sand and gravel contracts.
- Section 5-2-8 - Unauthorized taking of materials from lake or river beds as misdemeanor.
- Section 5-2-9 - Enforcement of state's right to materials from lake and river beds.
Chapter 03 - Selection, Exchange and Classification of School and Public Lands
- Section 5-3-1 - Attorney general to examine titles and protect state's interest.
- Section 5-3-10 - Rights not acquired by settlement or improvement of islands--Improvements before1911.
- Section 5-3-11 - Classification of school and endowment lands according to best use.
- Section 5-3-2 - Acceptance of federal indemnity lands in lieu of statehood grants.
- Section 5-3-3 - Selection of indemnity lands for land disposed of before statehood.
- Section 5-3-4 - Selection of indemnity lands for land settled before survey.
- Section 5-3-5 - Selection of indemnity lands for land within federal reservations--Retention of landwith peculiar value to state.
- Section 5-3-6 - Selection of indemnity lands for land in lake or navigable river.
- Section 5-3-7 - Exchange of school sections--Conditional exchange--Commissioner to promulgaterules.
- Section 5-3-7.1 - Conservation easement for state land exchanged or sold.
- Section 5-3-8 - Repealed.
- Section 5-3-9 - Islands and accumulations within streams and lakes administered as school lands--Exceptions.
Chapter 04 - Administration of School and Public Lands
- Section 5-4-1 - Claim not acquired by occupancy by trespasser--Right to remove improvements.
- Section 5-4-10 - Repealed.
- Section 5-4-11 - Unauthorized removal of wood from school or public lands as misdemeanor.
- Section 5-4-12 - Waste on public lands as misdemeanor.
- Section 5-4-13 - Civil liability for waste or unauthorized removal of wood from public lands--Disposition of moneys recovered.
- Section 5-4-14 - Preparation of advertisements--Publication--Signature.
- Section 5-4-15 - Misdemeanor to start open fire on public lands except in established fireplace.
- Section 5-4-16 - Misdemeanor to start and fail to extinguish open fire regardless of whether inapproved fireplace.
- Section 5-4-3 - Map of waterworks to be filed.
- Section 5-4-4 - Validation of conveyances and reservations containing obsolete statutory reference.
- Section 5-4-5 - Easement for utility lines and mains--Cultivation protected--Highways and sectionlines to be used where practical.
- Section 5-4-5.1 - Easements for national guard training sites.
- Section 5-4-6 - Withholding of land from leasing and cooperative agreement for administration forcommunity public purposes--Maximum tract.
- Section 5-4-7 - Purposes for which land may be placed under local administration--Rules andregulations.
- Section 5-4-8 - Term of agreement for local administration for public purposes--Renewal--Termination on application for purchase.
- Section 5-4-9 - Improvements on tracts administered for public purposes--Reimbursement bypurchaser or lessee.
- Sections 5-4-2, Right-of-way - for federally authorized waterworks and utility lines--Waterworks of persons holding water rights--Reservation in conveyances--Purchasers' right to irrigation water
Chapter 05 - Agricultural and Grazing Leases of School and Public Lands
- Section 5-5-1 - Definition of terms.
- Section 5-5-10 - Repealed.
- Section 5-5-10.1 - Appraisal of grazing lands--Definition of terms.
- Section 5-5-10.2 - Commissioner's duty concerning appraisals and records.
- Section 5-5-10.3 - Factors considered in appraisals of grazing lands.
- Section 5-5-10.4 - Minimum annual rental for grazing lands--Formula.
- Section 5-5-11 - Rent payable in advance--Maximum term of lease--Governor's approval required--Lessee's right to renewal.
- Section 5-5-12 - Short-term leases acceptable--Leasing without readvertisement--Entitlement to newfive-year lease.
- Section 5-5-13 - Special four-year leases for approved land renovation practices--Cancellation--Entitlement to new five-year lease.
- Section 5-5-14 - Provisions for sale or exchange of land unimpaired--Cancellation of lease to permitsale or exchange.
- Section 5-5-15 - Deposit of first year's rent by successful bidder--Approval, execution, and deliveryof lease--Return of deposit if lease disapproved.
- Section 5-5-16 - Rent payable annually in advance to commissioner.
- Section 5-5-17 - Action to recover delinquent rent or forfeit lease--Prosecution of action--Proceeds ofaction.
- Section 5-5-18 - Agricultural lessee to clear weeds and pests.
- Section 5-5-19 - Waste and burning on leased lands prohibited--Action for forfeiture and damages.
- Section 5-5-2 - Definition of "agricultural purposes.".
- Section 5-5-20 - Assignment of lease--Approval required--Form--Filing--Fee--Subletting prohibited--Double damages for subletting.
- Section 5-5-21 - Action to enforce prohibition against subletting--Disposition of proceeds.
- Section 5-5-22 - Permit for improvements and conservation activities by lessee--Right of removal--State not liable for material or labor.
- Section 5-5-23 - State ownership of improvements not removed--Permit renewed by new lease bysame lessee.
- Section 5-5-24 - Permit for fall tillage, weed control and planting in final year of lease--Valuation byboard of appraisal.
- Section 5-5-25 - Notice to lessee of expiration of lease--Rental rate for extension.
- Section 5-5-26 - Repealed.
- Section 5-5-27 - Extension or renewal on application by lessee--Cancellation of lease on failure torenew.
- Section 5-5-28 - Permit to new lessee to enter for fall tillage, weed control, and planting--Protectionof original lessee.
- Section 5-5-29 - Deposit by new lessee or purchaser to cover improvements--Alternative proof thatimprovements will be removed.
- Section 5-5-3 - Designation of lands to be leased--Establishment of regulations.
- Section 5-5-30 - Application by owner of improvements for board of appraisal--Deposit for cost ofappraisal.
- Section 5-5-31 - Appraisal of improvements--Composition and appointment of board--Report ofappraisal--Compensation and expenses of appraisers.
- Section 5-5-32 - Acceptance or rejection of appraisal values.
- Section 5-5-4 - Leases to be at public auction after notice--Maximum tract.
- Section 5-5-5 - Publication of notice of leasing auction.
- Section 5-5-6 - Conduct, time, and place of leasing auction--Commissioner to conduct auction.
- Section 5-5-6.1 - Minimum rental rate for agricultural lands.
- Section 5-5-7 - Repealed.
- Section 5-5-8 - Division or joining of tracts not leased at auction--Continuation and adjournment ofauction.
- Section 5-5-9 - Repealed.
Chapter 06 - Timber Sales on School and Public Lands
- Section 5-6-1 - Sale of growing timber authorized--Rules and regulations.
- Section 5-6-13 - Determination by state forester of amount of forest products to be harvested.
- Section 5-6-14 - Conduct by state forester of sales of forest products.
- Sections 5-6-2 to 5-6-12 - Repealed
Chapter 07 - Minerals on School and Public Lands
- Section 5-7-1 - Commissioner of school and public lands to conduct leasing of state-owned mineralinterests.
- Section 5-7-10 - Repealed.
- Section 5-7-11 - Repealed.
- Section 5-7-11.1 - Repealed.
- Section 5-7-14 - Repealed.
- Section 5-7-15 - Repealed.
- Section 5-7-16 - Right of lease holder to enter sold or leased lands.
- Section 5-7-17 - Repealed.
- Section 5-7-17.1 - Disposition of payments for damages.
- Section 5-7-18 - Oil and gas leases--Casing-head gas included.
- Section 5-7-19 - Oil, gas, and geothermal exploration, development and production leases authorized.
- Section 5-7-2 - Advertising and auction of mineral leases--Exemptions.
- Section 5-7-20 - Application for oil, gas, or geothermal lease--Tender of annual rental and bonus--Form and contents of application.
- Section 5-7-21 - Advertising of oil and gas or geothermal leases--Conduct of auction.
- Section 5-7-22 - Withholding of tracts from oil, gas, other mineral or geothermal resources leasing.
- Section 5-7-23 - Term of oil and gas leases--Resumption of drilling operations after cessation ofproduction.
- Section 5-7-23.1 - Term of geothermal leases.
- Section 5-7-24 - Royalty provisions in oil and gas leases--Annual rental.
- Section 5-7-24.1 - Royalty provisions in geothermal leases--Renegotiation--Annual rental.
- Section 5-7-25 - Customary provisions inserted in leases for protection of state and surface ownersand lessees.
- Section 5-7-25.1 - Geothermal resources--Additional provisions applicable to.
- Section 5-7-26 - Leases assignable--Minimum tract assignable.
- Section 5-7-27 - Execution and acknowledgment of assignments of leases--Filing and recordation--Form and fees.
- Section 5-7-28 - Grounds for refusal to approve assignment of lease.
- Section 5-7-29 - Effect of approved assignment of lease.
- Section 5-7-3 - Lands subject to lease.
- Section 5-7-30 - Grounds for cancellation of lease--Notice of intent to cancel and opportunity toremedy default.
- Section 5-7-31 - Correction of mistaken land descriptions in leases.
- Section 5-7-32 - Pooling agreements on behalf of state authorized.
- Section 5-7-35 - Repealed.
- Section 5-7-36 - Records of mineral interests and leases maintained by commissioner.
- Section 5-7-37 - Rules and regulations governing leasing--Promulgation.
- Section 5-7-38 - Water law provisions applicable to certain geothermal leases.
- Section 5-7-39 - Validation of oil and gas leases prior to July 1, 1981.
- Section 5-7-4 - Right of entry to prospect for and remove minerals.
- Section 5-7-4.1 - Lease required to explore for minerals--Civil penalty--Publication of data collected--Judicial remedies for enforcement.
- Section 5-7-40 - Limitation of actions to contest validity of oil and gas leases.
- Section 5-7-41 - Assignment of certain state-owned minerals to oil and gas royalty increment status--Required findings.
- Section 5-7-42 - Amount of royalty for leases of lands assigned oil and gas royalty increment status.
- Section 5-7-43 - Royalty increments for commingled lands assigned oil and gas royalty incrementstatus.
- Section 5-7-44 - Leases offered only during term of royalty increment status.
- Section 5-7-45 - Commissioner authorized to issue leases for prospecting, exploration and mining.
- Section 5-7-46 - Penalties for fraud.
- Section 5-7-47 - Inspection of records.
- Section 5-7-48 - Preferential right of lessee to renew or purchase leased lands.
- Section 5-7-49 - Definitions.
- Section 5-7-5 - Repealed.
- Section 5-7-50 - Validity of leases prior to 1993 amendments to this chapter.
- Section 5-7-51 - Relinquishment of prospecting permit.
- Section 5-7-52 - Term of permit--Primary and secondary terms--Tertiary and quaternary terms--Royalties.
- Section 5-7-53 - Conditions warranting suspension of license--Effective date--Term of suspension.
- Section 5-7-54 - Annual rental--Minimum.
- Section 5-7-55 - Payment of royalty--Amount.
- Section 5-7-56 - Marketing minerals.
- Section 5-7-57 - Bond required--Amount.
- Section 5-7-58 - Records furnished within reasonable bounds--Confidentiality of records.
- Section 5-7-59 - Relinquishing lease to state.
- Section 5-7-6 - Oil, gas, and geothermal resources not subject to provisions--Exemption of lands soldprior to reservation.
- Section 5-7-60 - Cancellation of lease by commissioner--Notice required.
- Section 5-7-61 - Assignment of lease.
- Section 5-7-62 - Removal of improvements and equipment upon termination--Time limit.
- Section 5-7-63 - Authority to withhold land from leasing--Rejection of application--Competitivebidding.
- Section 5-7-8 - Priority to receive permit determined by application date.
- Section 5-7-9 - Repealed.
- Sections 5-7-12, 5-7-13 - Repealed
- Sections 5-7-33, 5-7-34 - Deposit of collections from leases in treasury. Apportionment of receipts from leasing of school, indemnity and endowment lands
- Sections 5-7-7, 5-7-7.1 - Repealed
- Sections 5-7-8.1, 5-7-8.2 - Repealed
Chapter 08 - Rural Credit Mineral Reservation
- Section 5-8-1 - Rural credit board abolished--Powers transferred to commissioner of school and public lands.
- Section 5-8-2 - Validation of sales by Rural Credit Board.
Chapter 09 - Sale of School and Public Lands
- Section 5-9-1 - Selection of school and endowment lands to be sold--Amount sold each year.
- Section 5-9-10 - Terms of installment sale--Interest--Prepayment option.
- Section 5-9-11 - Notice to lessee of sale.
- Section 5-9-12 - Successful bidder's deposit with commissioner.
- Section 5-9-13 - Time of vesting of right or title after sale.
- Section 5-9-14 - Report of cash sale to Governor--Preparation and delivery of patent--Recordation--Fee.
- Section 5-9-15 - Report of installment sale to Governor--Preparation, filing and delivery of contract--Copy of abstract to county auditor.
- Section 5-9-16 - Assignment or conveyance under installment contract--Approval required--Form--Filing fee.
- Section 5-9-17 - Return of purchaser's deposit on governor's disapproval of sale.
- Section 5-9-2 - Repealed.
- Section 5-9-23 - Forfeiture of installment contract for delinquency or violation--Retention of purchasemoney and improvements as liquidated damages--Immediate right to reentry andpossession.
- Section 5-9-24 - Procedure for forfeiture of installment contract--Service of notice.
- Section 5-9-25 - Recording of notice of default--Prima facie evidence.
- Section 5-9-26 - Reinstatement of contract on compliance by purchaser with conditions of notice.
- Section 5-9-27 - Action at law to set aside installment contract in default.
- Section 5-9-28 - Taxability of land sold--Notice to county auditor of disapproval of sale.
- Section 5-9-29 - Tax purchaser's rights under installment contract--Payment of delinquentinstallments.
- Section 5-9-3 - Board of Appraisal--Selection of tracts for sale--Subdivision of lands of specialvalue.
- Section 5-9-30 - Special contract of sale given to tax purchaser after issuance of tax deed.
- Section 5-9-31 - Notice to original purchaser of tax purchaser's intent to apply for special contract--Service of notice.
- Section 5-9-32 - Issuance of patent to purchaser or assignee of land--Judicial determination in eventof death--Recordation--Fee.
- Section 5-9-33 - Issuance to bankrupt of patent to land set aside as homestead.
- Section 5-9-34 - Sale for public purposes of tract not exceeding one hundred sixty acres.
- Section 5-9-35 - Conveyance of tract not exceeding one hundred sixty acres--Reversion to state.
- Section 5-9-36 - Sale of improvements on school and public lands authorized.
- Section 5-9-37 - Appraisal and minimum price of improvements offered for sale--Disapproval of sale.
- Section 5-9-38 - Publication of notice of sale of improvements--Private sales of small value.
- Section 5-9-4 - Designation and appraisal of separate tracts for sale--Reappraisal of unsold land.
- Section 5-9-5 - Offer to purchase particular tract--Forfeiture or return of payment.
- Section 5-9-6 - Publication of notice of land sale--Selection and appraisal to be concurrent.
- Section 5-9-7 - Certification and publication of description and appraised price of land offered.
- Section 5-9-8 - Commissioner to conduct sales.
- Section 5-9-9 - Time and place of sale--Minimum price--Adjournment of sale--Record of sales.
- Sections 5-9-18 to 5-9-22 - Repealed
Chapter 10 - State School and Endowment Funds
- Section 5-10-1 - Assignment of receipts from leases, interest, and land sales to income and permanentfunds.
- Section 5-10-1.1 - Board of Regents endowed institution interest and income fund created.
- Section 5-10-1.2 - Board of Regents endowed institution interest and income fund--Allocation.
- Section 5-10-10 - Repealed.
- Section 5-10-15 - Repealed.
- Section 5-10-16 - Delivery of payment by lessee or purchaser to state treasurer.
- Section 5-10-17 - Credit to school and endowment fund.
- Section 5-10-18 - Investment of permanent school funds.
- Section 5-10-18.3 - Adjusting funds by rate of inflation--Procedure.
- Section 5-10-2 - Repealed.
- Section 5-10-23 - Bidding and purchase by state at judgment sale of school and public lands.
- Section 5-10-24 - Maximum price bid by state--Allowance for prior encumbrances.
- Section 5-10-25 - Disposition of proceeds of judgment.
- Section 5-10-3 - Accounts and records maintained by commissioner.
- Section 5-10-32 - Repealed.
- Section 5-10-33 - Repealed.
- Section 5-10-4 - Supervision by commissioner of collections, apportionment, and distribution offunds.
- Section 5-10-5 - Annual statement to counties of sale and lease payments coming due.
- Section 5-10-6 - Apportionment among counties and institutions of income from school lands andfunds.
- Section 5-10-7 - County treasurer's receipts for payments by lessees and purchasers--Disposition ofcopies.
- Sections 5-10-11, 5-10-12 - Repealed
- Sections 5-10-13, 5-10-14 - Repealed
- Sections 5-10-18.1, 5-10-18.2 - Repealed
- Sections 5-10-19, 5-10-20 - Repealed
- Sections 5-10-21, 5-10-22 - Repealed
- Sections 5-10-26 to 5-10-31 - Repealed
- Sections 5-10-8, 5-10-9 - Repealed
Chapter 11 - Payments in Lieu of Taxes on State Lands
- Section 5-11-1 - Certification by commissioner of school and endowment land lessees and acreage.
- Section 5-11-1.1 - Forfeiture of lease for failure to pay tax--Collection procedures.
- Section 5-11-2 - Computation of value of school lands in county and addition to tax base--Restrictedpurpose of addition to tax base.
- Section 5-11-3 - Computation of value of school lands within school districts--Addition to tax base.
- Section 5-11-6 - Distribution of payments in lieu of taxes.
- Section 5-11-7 - Repealed.
- Sections 5-11-4, 5-11-5 - Repealed
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 andreports.
- Section 5-12-1.2 - Meaning of United States Department of Agriculture Conservation Reserve Program.
- 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 physically handicapped.
- 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 ofpayments 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 5-12-2 - Terms of members--Vacancies--Quorum.
- 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 andcoupons--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 erodiblecropland 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 tosupport purpose and payment of revenue bonds or interim notes.
- Section 5-12-3 - Oath and bond of members.
- Section 5-12-30 - Terms and registration of interim notes--Redemption prior to maturity--Execution ofnotes--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 byexecution of notes.
- Section 5-12-33 - Payment of interim notes or purchase of government obligations with proceeds fromsale 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 buildingfund.
- 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 ofdebt.
- Section 5-12-38 - Annual audit.
- Section 5-12-38.1 - Informational budget required.
- Section 5-12-39 - Contractual power of authority.
- Section 5-12-4 - Members receive no compensation--Reimbursement of expenses.
- 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 ofproceeds.
- 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 5-12-48 - 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 offunds--Written agreement--Filing of agreement.
- Section 5-12-5 - Employment of personnel.
- 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 - Corporation issued bonds not a lien, charge or liability against the state--Tobaccosettlement revenues as security for bonds prohibited.
- Section 5-12-53 - Pledge of non-interference by state to impair terms of bonds--Liability of state onbonds.
- 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 ofauthority and corporation not taxed--Obligations of corporation deemed publicsecurities.
- Section 5-12-56 - Employees of special purpose corporation.
- Section 5-12-57 - Establishment of permanent tobacco settlement development trust fund--Funds to bedeposited identified.
- Section 5-12-58 - Tobacco settlement residual fund established.
- Section 5-12-59 - Tobacco development interest fund established--State pledge to honor agreements ofauthority or corporation with regard to certain federal income tax exclusions.
- Section 5-12-6 - Common seal of authority.
- Section 5-12-60 - Legislative intended use of tobacco settlement funds.
- Section 5-12-61 - Authority may contract to manage payment or interest rate risk for bonds.
- 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 5-12-9 - Repealed.
- Sections 5-12-28, 5-12-29 - Interim notes authorized--Purposes of borrowing. Resolution for issuance of interim notes--Interest rate--Maturity date
Chapter 13 - State Engineer [Superseded]
Chapter 14 - Public Buildings and Improvements
- Section 5-14-1 - Classification of capital improvements.
- Section 5-14-10 - Clear title to land required before erection of buildings--Certification by attorneygeneral.
- Section 5-14-11 - State housing facilities to be fire resistant--Exceptions--Standards--Violation asfelony.
- Section 5-14-12 - Public buildings constructed to accommodate physically handicapped--Buildingssubject to requirements.
- Section 5-14-13 - Standards and specifications for construction to accommodate physicallyhandicapped.
- Section 5-14-13.1 - International wheelchair symbol to be displayed.
- Section 5-14-14 - Enforcement of requirements for physically handicapped.
- Section 5-14-15 - Repealed.
- Section 5-14-16 - Repealed.
- Section 5-14-17 - Electric generating plants--Federal contracts for purchase of energy--Discontinuationof generation and maintenance of standby plants.
- Section 5-14-18 - Willful injury to public building or improvement--Penalty.
- Section 5-14-19 - Payment of special assessments for improvement of state property.
- Section 5-14-2 - Supervision by Bureau of Administration of capital improvement projects--Paymentof appropriated funds.
- Section 5-14-20 - Sources for payment of special assessments, interest and penalties.
- Section 5-14-21 - Warrants for special assessments--Vouchers.
- Section 5-14-22 - Sale or lease of real property for public purpose or industrial development--Use bygrantee--Authorization of lease--Legislature to approve sales.
- Section 5-14-23 - Local industrial development corporation defined--Composition--Voting control--Primary objective.
- Section 5-14-24 - State facility revolving fund established.
- Section 5-14-25 - Bureau's evaluation of costs of projects in facility construction plan--Recommendations.
- Section 5-14-3 - Preparation of plans and specifications for capital improvements--State buildingcommittees--Approval by board or commission in charge of institution.
- Section 5-14-30 - Creation of state-wide maintenance and repair fund--Priority of projects.
- Section 5-14-31 - Acceptable sources of funds.
- Section 5-14-32 - Definition of terms.
- Section 5-14-33 - State buildings to meet high-performance green building standard.
- Section 5-14-36 - Certification of achievement, waiver, or failure.
- Section 5-14-37 - Report to the Legislature.
- Section 5-14-4 - Bureau review and approval of new construction plans and costs.
- Section 5-14-5 - Plans and specifications for legislative review--Designation of architect or engineer.
- Section 5-14-6 - Planning and supervisory expenses paid from building funds.
- Section 5-14-7 - Revolving account for planning and supervisory expenses.
- Section 5-14-8 - Acceptance and expenditure of contributions to capital improvements.
- Section 5-14-8.1 - Acceptance of gifts for works of art in state buildings authorized.
- Section 5-14-9 - Plans, specifications, bids, contracts, and cost records kept by Bureau ofAdministration.
- Sections 5-14-34, 5-14-35 - Waiver of requirements. Initial determination of Bureau of Administration
Chapter 15 - State Capitol and Grounds
- Section 5-15-1 - Capitol Complex Restoration and Beautification Commission--Duty to enlarge andbeautify complex.
- Section 5-15-1.1 - Direction and supervision of commission by Bureau of Administration--Independentfunctions retained.
- Section 5-15-1.2 - Definition of terms.
- Section 5-15-10 - Acceptance and use of contributions.
- Section 5-15-11 - Plats and surveys of capitol complex--Opening and vacating streets and alleys--Utility facilities.
- Section 5-15-12 - Acquisition and management of property for enlarged complex.
- Section 5-15-13 - Donation of property by city of Pierre.
- Section 5-15-14 - Hilger's Gulch condemnation validated.
- Section 5-15-15 - Board to determine location of any new building in capitol complex.
- Section 5-15-16 - Commission power to execute contracts and instruments.
- Section 5-15-17 - Lease and management of property acquired by commission.
- Section 5-15-18 - Sale of excess property by commission--Advertising and notice--Bids and offers.
- Section 5-15-19 - Sale of property to public agencies--Advertisement not required--Approval by Boardof Finance.
- Section 5-15-2 - Appointment and terms of commission members.
- Section 5-15-20 - Destruction and disposal of buildings.
- Section 5-15-21 - Repealed.
- Section 5-15-22 - Repealed.
- Section 5-15-23 - Rules and regulations of commission.
- Section 5-15-24 - Governor's grove--Maintenance and use.
- Section 5-15-25 - Supervision of improvements and extensions of capitol grounds and buildings.
- Section 5-15-25.1 - Veterans' Memorial to be constructed on capitol grounds.
- Section 5-15-25.2 - Location of Veterans' Memorial.
- Section 5-15-25.3 - Gifts for Veterans' Memorial--Memorial fund--Disbursements.
- Section 5-15-26 - Maintenance and protection of buildings and grounds--Employment of personnel.
- Section 5-15-27 - Procurement of office space outside capitol building.
- Section 5-15-28 - Working capital account for maintenance of buildings and grounds.
- Section 5-15-29 - Reimbursement by agencies of depreciation and maintenance costs.
- Section 5-15-29.1 - Building depreciation fund--Expenditures.
- Section 5-15-29.2 - Public buildings fund--Deposit of proceeds from sale or lease of public lands.
- Section 5-15-3 - Oath and bond of commission members.
- Section 5-15-30 - Expenditures from maintenance working capital account.
- Section 5-15-31 - Emergency treatment station authorized for capitol complex.
- Section 5-15-32 - Medical direction for emergency treatment station--Nursing office in capitolbuilding--Training of employees.
- Section 5-15-33 - Vouchers and disbursements for treatment station.
- Section 5-15-34 - Rules and regulations for conduct in capitol complex and grounds--Scope ofregulations.
- Section 5-15-35 - Violation of regulation as petty offense.
- Section 5-15-36 - Policy-making and oversight duties of commission.
- Section 5-15-36.1 - Renovation plans--Commission approval required.
- Section 5-15-4 - Meetings of commission--Chairman and secretary--Reports to Governor andLegislature.
- Section 5-15-42 - Repealed.
- Section 5-15-43 - Repealed.
- Section 5-15-44 - Historic areas of capitol building--Commission to protect and preserve--Proposal ofrestoration projects.
- Section 5-15-45 - Alteration or covering of historic area prohibited--Free public access--Exceptions.
- Section 5-15-46 - "Historic area traditionally open to the public" defined.
- Section 5-15-47 - "Historic area" defined.
- Section 5-15-48 - Control of areas traditionally reserved to Governor, Legislature, and Supreme Court.
- Section 5-15-49 - Centennial Cultural Heritage Center established in Pierre.
- Section 5-15-5 - Compensation and expenses of commission members.
- Section 5-15-50 - Display of bust of Peter Norbeck in rotunda.
- Section 5-15-6 - Employment of personnel--Supplies and equipment.
- Section 5-15-7 - Plans for enlargement, restoration, and beautification of complex.
- Section 5-15-8 - Development of areas adjacent to capitol complex--Long-range plan.
- Section 5-15-9 - Publications by commission--Maps, surveys, and studies.
- Sections 5-15-37 to 5-15-41 - Repealed
Chapter 16 - State-owned Housing Facilities
- Section 5-16-1 - New facilities for officers and employees not to be provided.
- Section 5-16-2 - Provision of facilities for officers and employees to be eliminated or discontinued.
- Section 5-16-3 - Exemptions from restrictions on housing facilities.
Chapter 17 - State Cement Plant
- Section 5-17-1 - Manufacture and sale of cement as public purpose.
- Section 5-17-10 - Repair, maintenance, and improvement of Rapid City plant--Purchase of land,supplies, and equipment--Personnel regulations--Compensation of commissioners.
- Section 5-17-11 - Repealed.
- Section 5-17-12 - Direct payment of workers' compensation liability.
- Section 5-17-13 - Access road from Rapid City plant to highway.
- Section 5-17-14 - Railway spur to Rapid City plant--Right-of-way granted--State and employeesprotected from liability.
- Section 5-17-15 - Sale or lease or exchange of surplus real property authorized--Appraisement required.
- Section 5-17-16 - Publication of notice of sale or lease of real property--Bids and offers.
- Section 5-17-16.1 - Sale or lease of real property--Value fixed by independent appraiser.
- Section 5-17-17 - Disposition of proceeds of sale or lease or exchange of surplus real property--Execution of conveyance or lease.
- Section 5-17-18 - Sale or lease of surplus personal property.
- Section 5-17-19 - Cement plant bonds authorized--Execution, terms, sale, and securing of bonds.
- Section 5-17-2 - Cement plant commission created--Composition--Appointment and terms ofmembers--Officers--Removal of member from office.
- Section 5-17-2.1 - Superseded.
- Section 5-17-2.2 - Qualifications of commissioners.
- Section 5-17-2.3 - Functions of Cement Plant Commission--Reporting through Department of Labor.
- Section 5-17-20 - Repealed.
- Section 5-17-21 - Cement plant interest and debt service fund--Tax proceeds paid into fund.
- Section 5-17-22 - Investment of interest and debt service fund.
- Section 5-17-23 - Enlargement of Rapid City plant authorized--Supplemental plants--Bond issue.
- Section 5-17-24 - Revenue pledged for retirement of enlargement bond issue--State credit pledged--Advancements from state general fund.
- Section 5-17-25 - Issuance of bonds for enlargement of plant--Terms and covenants--Tax exemptionof bonds.
- Section 5-17-26 - Sale of bonds for enlargement of plant--Form and execution--Negotiability--Costsof bond issue.
- Section 5-17-27 - Cement plant fund--Receipts deposited into fund--Interest credited.
- Section 5-17-28 - Custodian of money and property--Accounts and records--Compensation ofsecretary-treasurer.
- Section 5-17-29 - Deposit of money in depositories--Custodian not liable for losses.
- Section 5-17-3 - Bonds of commission members.
- Section 5-17-30 - Surplus funds transferred to interest and debt service fund.
- Section 5-17-31 - Repealed.
- Section 5-17-32 - Repealed.
- Section 5-17-33 - Annual audit of financial condition of cement plant--Service charge--Report of audit.
- Section 5-17-34 - Reserve and replacement fund established.
- Section 5-17-35 - Retention of working capital in cement plant fund--Transfers to reserve andreplacement fund.
- Section 5-17-36 - Investment of reserve and replacement fund.
- Section 5-17-37 - Transfers to reserve and replacement fund for plant replacement or emergency--Rebuilding of fund.
- Section 5-17-38 - Exchange of real property containing minerals--Valuation.
- Section 5-17-38.1 - Cement Plant Commission authorized to lease mineral rights.
- Section 5-17-39 - Mineral defined.
- Section 5-17-4 - Payment of compensation and expenses of commission members--Meetings.
- Section 5-17-40 - Deposit of net proceeds from sale, liquidation, or dissolution of subsidiary businessin cement plant fund.
- Section 5-17-41 - Confidentiality of proprietary information by State Cement Commission.
- Section 5-17-5 - Employment of personnel--Rules.
- Section 5-17-5.1 - State retirement system contribution and payroll deduction provisions inapplicable.
- Section 5-17-5.2 - Transferred.
- Section 5-17-5.3 - Actuary used to determine benefit maximum--Qualifications--Cost of evaluations--Frequency and scope--Reports.
- Section 5-17-5.4 - Early retirement incentive program authorized--Minimum requirements--Adoptionof rules.
- Section 5-17-6 - Exploration of materials used in manufacture of cement--Employment of experts.
- Section 5-17-7 - Determination that cement plant is practical--Factors considered.
- Section 5-17-8 - Acquisition of real property authorized--Construction and operation of plant--Eminent domain proceedings--Acquisition and operation of property outside state--Commission to vote stock
- Section 5-17-9 - Operation of plants, distribution and transportation facilities, terminals, businessesor companies authorized--General powers.
Chapter 18 - Public Contracts Awarded on Competitive Bids [Repealed]
- Section 5-18-2.1 - Repealed.
- Sections 5-18-1 to 5-18-2 - Repealed
Chapter 18A - Public Agency Procurement--General Provisions
- Section 5-18A-1 - Definition of terms.
- Section 5-18A-10 - Records of sole source procurement and emergency procurement contracts.
- Section 5-18A-11 - Purchases of supplies and services under twenty-five thousand dollars.
- Section 5-18A-12 - Cancellation of invitation for bids or request for proposals and rejection of bids orproposals.
- Section 5-18A-13 - Centralized public bid exchange created.
- Section 5-18A-14 - Public improvement contracts involving fifty thousand dollars or more--Supplies andservices contracts involving twenty-five thousand dollars or more--Advertisement forbids or propos
- Section 5-18A-15 - Time for entering into contract.
- Section 5-18A-16 - Recovery from defaulting bidder or offeror.
- Section 5-18A-17 - Officer or employee interest in contract prohibited--Violation as misdemeanor.
- Section 5-18A-18 - Specifications to promote economy and encourage competition--Circumstances underwhich brand name or equal specifications permitted.
- Section 5-18A-19 - Requirements for brand name or equal specifications.
- Section 5-18A-2 - Application to purchasing agency contracts.
- Section 5-18A-20 - Circumstances under which brand name only specifications permitted.
- Section 5-18A-21 - Written contract required--Signatures.
- Section 5-18A-22 - Procurements exempt from chapters 5-18A through 5-18D.
- Section 5-18A-23 - Purchase of foreign meat food products prohibited.
- Section 5-18A-24 - Grade A milk processors preferred.
- Section 5-18A-25 - Preferences to certain resident businesses, qualified agencies, and businesses usingSouth Dakota supplies or services.
- Section 5-18A-26 - Resident bidder preferred over nonresident bidder from state or foreign province thathas preference for resident bidders.
- Section 5-18A-27 - List of states with resident bidder preferences.
- Section 5-18A-28 - List of supplies, custodial services, and maintenance services provided by qualifiedagency.
- Section 5-18A-29 - Persons with disabilities.
- Section 5-18A-3 - Methods of awarding contracts.
- Section 5-18A-30 - Supplies manufactured from recycled or biobased materials.
- Section 5-18A-31 - Information regarding preferences to be provided.
- Section 5-18A-32 - Procurements utilizing federal funds.
- Section 5-18A-33 - Disallowance of noncomplying bid or offer--Contracts in violation void.
- Section 5-18A-34 - Bureau of Administration to serve as state's central procurement agency.
- Section 5-18A-35 - Bond or approved security.
- Section 5-18A-36 - Performance and payment bond or approved security.
- Section 5-18A-37 - Cooperation and agreements with other state and federal purchasing agencies.
- Section 5-18A-4 - Competitive sealed bids required.
- Section 5-18A-5 - Procedures for competitive sealed bids.
- Section 5-18A-6 - Competitive sealed proposals--When permitted.
- Section 5-18A-7 - Procedures for competitive sealed proposals.
- Section 5-18A-8 - Unique supplies or services--Sole source procurement--Negotiations.
- Section 5-18A-9 - Emergency procurement.
Chapter 18B - Procurement of Public Improvements
- Section 5-18B-1 - Plans and specifications--Advertisement--Availability.
- Section 5-18B-10 - Plans and specifications prepared by architect or engineer.
- Section 5-18B-11 - Progress payments--Retention of funds from final payment--Interest.
- Section 5-18B-12 - Bond or deposit of securities in lieu of retention of sums due for work performed.
- Section 5-18B-13 - Occupancy before completion and acceptance.
- Section 5-18B-14 - Project superintendent--Installment payments--Final payment.
- Section 5-18B-15 - Architect or engineer may not be contractor on project exceeding one hundredthousand dollars--Exemption.
- Section 5-18B-16 - Unemployment compensation.
- Section 5-18B-17 - Contractor's excise tax license.
- Section 5-18B-18 - Contributions and interest due the Department of Labor.
- Section 5-18B-19 - Amendment or change order to existing contract.
- Section 5-18B-2 - Certified check or cashier's check for percentage of bid or bid bond required.
- Section 5-18B-20 - Design-build contracts.
- Section 5-18B-21 - Design-builder to be authorized.
- Section 5-18B-22 - Subletting of design services.
- Section 5-18B-23 - Subletting construction or other services.
- Section 5-18B-24 - Contracts with unlicensed or unqualified design-builder permitted if services subletto licensed or qualified person.
- Section 5-18B-25 - Request for proposals to contain performance criteria--Qualifications of developer.
- Section 5-18B-26 - Performance criteria developer and design builder to perform separate roles.
- Section 5-18B-27 - Performance criteria developer to be purchasing agency employee or engaged inaccordance with statutorial procedures--Delegation.
- Section 5-18B-28 - Development of performance criteria.
- Section 5-18B-29 - Elements of design-build request for proposals--Time for mailing to pre-qualifieddesign-builders.
- Section 5-18B-3 - Waiver of check or bid bond requirement.
- Section 5-18B-30 - Design-build request not to be detailed--Drawings--Specifications--Standards.
- Section 5-18B-31 - Pre-qualification of design-builders--Elements of request for qualifications.
- Section 5-18B-32 - Deposit or bond submitted with proposal--Forfeiture.
- Section 5-18B-33 - Proposals to be sealed--Contents.
- Section 5-18B-34 - Confidentiality of proposals.
- Section 5-18B-35 - Review and opinion of performance criteria developer--Submission to governingbody.
- Section 5-18B-36 - Acceptance of a proposal--Evaluation criteria scores.
- Section 5-18B-37 - Rejection of design-build proposals--Solicitation of new proposals.
- Section 5-18B-38 - Withdrawal of design-build proposal.
- Section 5-18B-39 - Construction manager engagement.
- Section 5-18B-4 - Surety bond or insurance contract required in bid, in contract, or by law.
- Section 5-18B-40 - Services of construction manager.
- Section 5-18B-43 - Criteria for construction manager engagement.
- Section 5-18B-44 - Criteria for construction manager-at-risk engagement.
- Section 5-18B-5 - Negotiations if lowest responsive and responsible bid exceeds final estimated projectcost.
- Section 5-18B-6 - Certification regarding labor provided by nonresident subcontractors.
- Section 5-18B-7 - Contractor's use tax liability.
- Section 5-18B-8 - Forfeited funds accrue to funds provided for construction.
- Section 5-18B-9 - Return of certified check, cashier's check, or bid bond.
- Sections 5-18B-41, 5-18B-42 - Manager-agent. Manager-at-risk
Chapter 18C - Procurement by Local Government Units
- Section 5-18C-1 - Contract for transportation of students.
- Section 5-18C-2 - Contract for services of school food service management company.
- Section 5-18C-3 - Public sale or auction--Performance bond--Competitive quotations--Records to beretained.
- Section 5-18C-4 - Water and sanitary sewer trunk lines or mains, sewer collection systems, and streetsrequired by municipality to be installed at developer's expense.
- Section 5-18C-5 - County highway system and secondary highways--Dams.
- Section 5-18C-6 - Fuel purchased by local government units.
- Section 5-18C-7 - Municipal garbage disposal contracts and supply contracts.
Chapter 18D - Procurement by State Agencies
- Section 5-18D-1 - Classification of supplies.
- Section 5-18D-10 - Drawing, signing, and filing of contracts.
- Section 5-18D-11 - Cancellation or price adjustment for changing market conditions.
- Section 5-18D-12 - Suspension or debarment of business for cause.
- Section 5-18D-13 - Printing contracts--Penalty.
- Section 5-18D-14 - Printing office not to accept contracts from private individuals or organizations.
- Section 5-18D-15 - Inscription listing publisher, number of copies, and cost of publication per copy.
- Section 5-18D-16 - Soybean-based inks.
- Section 5-18D-17 - Professional services exceeding fifty thousand dollars.
- Section 5-18D-18 - Evaluation criteria to be stated in request for proposals.
- Section 5-18D-19 - Discussion and negotiation of project.
- Section 5-18D-2 - Estimates of projected purchases.
- Section 5-18D-20 - Register of proposals for professional service contract--Confidential information.
- Section 5-18D-21 - Exemption of certain professional service contracts.
- Section 5-18D-22 - Effect on time deadline in contested case.
- Section 5-18D-23 - Notice of intent to purchase property or liability insurance or performance bonds.
- Section 5-18D-24 - Bureau record keeping.
- Section 5-18D-25 - Motor vehicle procurement.
- Section 5-18D-26 - State auditor stop order.
- Section 5-18D-3 - Pooling of combined estimated needs.
- Section 5-18D-4 - Electronic procurement.
- Section 5-18D-5 - Expert advice and assistance.
- Section 5-18D-6 - State contract list.
- Section 5-18D-7 - State bidders list.
- Section 5-18D-8 - Procurement management internal service fund created.
- Section 5-18D-9 - Rejection of bids to procure more advantageously elsewhere.
Chapter 19 - Residential Preference in Public Contracts [Repealed]
Chapter 20 - Preference for Handicapped in Public Contracts [Repealed]
- Section 5-20-3 - Superseded.
- Section 5-20-3.1 - Repealed.
- Sections 5-20-1, 5-20-2 - Repealed
Chapter 21 - Performance Bonds for Public Improvement Contracts
- Section 5-21-1 - Surety bond required--Obligation of prompt payment of laborers and materialmen.
- Section 5-21-1.1 - Waiver of performance security requirement on contracts less than certain amount.
- Section 5-21-1.2 - Waiver of performance and payment bonds on contracts less than certain amount.
- Section 5-21-2 - Public corporation's civil liability for failure to require bond for protection of laborersand materialmen.
- Section 5-21-3 - Surety bond to cover use tax liability--Amount of liability.
- Section 5-21-4 - Notice of surety bond to secretary of revenue--Termination of surety's liability for useand excise tax.
- Section 5-21-5 - Laborers' and materialmen's right to intervene in action against public contractor--Prorata distribution if surety's liability insufficient.
- Section 5-21-6 - Action by laborer or materialman on public contractor's bond--Limitation of action--Intervention by other claimants--Costs.
- Section 5-21-7 - Pro rata distribution among claimants if bond insufficient--Surety relieved fromliability by payment into court.
Chapter 22 - Liens Relating to Public Improvement Contracts
- Section 5-22-1 - Mechanics' and materialmen's lien on amounts due under contract.
- Section 5-22-10 - Filing and publication of notice to file claims against subcontractors.
- Section 5-22-11 - Claims and liens against contractor and public body barred by failure to file--Rightsagainst subcontractor preserved.
- Section 5-22-2 - Filing with public officer of account of claim--Effect of late filing--Agreed statementas equivalent of account.
- Section 5-22-3 - Endorsement and report of accounts filed with public officer--Time of attachment oflien--Receipt or certified copy given.
- Section 5-22-4 - Actions to enforce or determine lien--Parties to action--Assertion of lien by answer.
- Section 5-22-5 - Judicial determination of validity of liens and order of payment.
- Section 5-22-6 - Pro rata distribution if contract proceeds insufficient--Deficiency judgment againstcontractor--Restriction on public liability.
- Section 5-22-7 - Limitation of actions to enforce lien.
- Section 5-22-8 - Discharge of lien.
- Section 5-22-9 - Notice by public contractor to file claims against subcontractors--Contents of notice.
Chapter 23 - State Purchases and Printing [Repealed]
- Section 5-23-1 - Superseded.
- Section 5-23-22.5 - Repealed.
- Section 5-23-22.6 - Repealed.
- Section 5-23-23 - Superseded.
- Section 5-23-24 - Repealed.
- Section 5-23-32 - Repealed.
- Section 5-23-32.1 - Repealed.
- Section 5-23-35 - Repealed.
- Section 5-23-48 - Repealed.
- Section 5-23-6 - Repealed.
- Sections 5-23-1.1 to 5-23-5 - Repealed
- Sections 5-23-14.2 to 5-23-22.4 - Repealed
- Sections 5-23-14, 5-23-14.1 - Repealed
- Sections 5-23-25 to 5-23-31 - Repealed
- Sections 5-23-32.2 to 5-23-34 - Repealed
- Sections 5-23-36, 5-23-37 - Repealed
- Sections 5-23-38 to 5-23-40 - Transferred
- Sections 5-23-41 to 5-23-47 - Repealed
- Sections 5-23-7 to 5-23-13 - Repealed
Chapter 24 - Receipt, Care and Accounting for Public Property
- Section 5-24-1 - Annual inventory of personal property required of local officers and employees.
- Section 5-24-1.1 - Inventory of state personal property required.
- Section 5-24-10 - Repealed.
- Section 5-24-11 - Capitol building supply room--Payments by departments--Internal service fund.
- Section 5-24-12 - Acceptance of gifts to state--Actions for recovery.
- Section 5-24-13 - Acceptance and distribution of federal surplus property--Accounts and records.
- Section 5-24-14 - Property management internal service fund.
- Section 5-24-15 - Transfer of property from Homestake Mining Company authorized.
- Section 5-24-16 - Funds appropriated for payment of insurance premiums--Exemption from § 4-8-21--Revision of funds if not contractually obligated.
- Section 5-24-2 - Cost or value to be shown in inventory--Filing.
- Section 5-24-3 - Place of filing of duplicate inventories.
- Section 5-24-4 - Purchased property to be noted in inventory report.
- Section 5-24-5 - Lost or destroyed property to be noted in inventory--Date and circumstances shown.
- Section 5-24-6 - Civil liability of officer for failure to account for property.
- Section 5-24-7 - Delivery of public property to successor in office--Receipt given by successor.
- Section 5-24-8 - Failure to account for public property as misdemeanor.
- Sections 5-24-17 to 5-24-20 - Repealed
- Sections 5-24-9 to 5-24-9.5 - Repealed
Chapter 24A - Disposal of State Surplus Property
- Section 5-24A-1 - Definition of terms.
- Section 5-24A-10 - Fixed assets.
- Section 5-24A-11 - Trade-in requirements.
- Section 5-24A-12 - Hazardous materials.
- Section 5-24A-13 - Retention and disposition of sales proceeds.
- Section 5-24A-14 - Conveyance in the name of the state.
- Section 5-24A-15 - Donations prohibited--Exception.
- Section 5-24A-16 - Promulgation of rules regarding disposal of surplus property.
- Section 5-24A-17 - Liquidation of State Cement Plant Commission property.
- Section 5-24A-2 - Disposition of surplus property by Bureau of Administration.
- Section 5-24A-3 - Declaration of surplus property required for disposition.
- Section 5-24A-4 - Protection of surplus property prior to disposal.
- Section 5-24A-5 - Requirements for disposition.
- Section 5-24A-6 - Property with fair market value greater than one hundred dollars.
- Section 5-24A-7 - Property with fair market value less than one hundred dollars.
- Section 5-24A-8 - Surplus personal computer equipment.
- Section 5-24A-9 - Disposal by agency or bureau.
Chapter 25 - State Motor Vehicle Pool
- Section 5-25-1 - Repealed.
- Section 5-25-1.1 - State-owned or leased vehicles and aircraft to be used only for state business--Exceptions for vehicles--Violation as misdemeanor--Civil action and penalty.
- Section 5-25-2 - Vehicle operation and mileage records maintained by state departments--Reportattached to claim for reimbursement of expense.
- Section 5-25-2.1 - Self-service islands to be used for gasoline purchases--Routine maintenance.
- Section 5-25-3 - Measures authorized to save expense of vehicles used in state service--Officers andemployees appointed to assist.
- Section 5-25-4 - Establishment of mileage rates--Charging of expenses to departments--Internalservice fund--Travel by public conveyance.
- Section 5-25-5 - Motor carrier regulations not applicable to state department passenger pooling.
- Section 5-25-6 - Application of regulations to all state departments--Expense not reimbursed wherevehicles used in violation.
Chapter 26 - Prompt Payment Act
- Section 5-26-1 - Definitions.
- Section 5-26-2 - Deadlines for payments.
- Section 5-26-3 - Interest on overdue payments--Rate--Compounding.
- Section 5-26-3.1 - Payment of less than five dollars in interest prohibited.
- Section 5-26-4 - Additional appropriations for interest prohibited.
- Section 5-26-5 - Disputed payments exempt--Notice of dispute required.
- Section 5-26-6 - Time for payments to subcontractors and suppliers--Interest on overdue amounts--When payments due.
- Section 5-26-7 - Citation of chapter.
Chapter 27 - Capital Construction Fund
- Section 5-27-1 - Establishment of state capital construction fund.
- Section 5-27-4 - Transfer of funds to ethanol fuel fund.
- Section 5-27-5 - Transfer of funds to state highway fund.
- Section 5-27-6 - Transfer of funds to water and environment fund.
- Sections 5-27-2, 5-27-3 - Repealed