§ 1-16A-1 Legislative findings and intent
§ 1-16A-2 Definitions
§ 1-16A-2.2 Out-of-state participating health institution–Eligibility for financing
§ 1-16A-3 Authority created–Public function
§ 1-16A-3.1 Authority continued within Bureau of Finance and Management–Records and reports
§ 1-16A-4 Appointment of members of authority–Qualifications
§ 1-16A-5 Terms of office of members–Vacancies
§ 1-16A-6 Business interests not disqualifying for membership–Abstention where conflict of interest
§ 1-16A-7 Annual election of chairman and vice-chairman
§ 1-16A-8 Meetings open to public–Notice–Resolutions not published
§ 1-16A-9 Quorum of authority–Vote required for action
§ 1-16A-10 Expenses of members of authority
§ 1-16A-11 Removal of member from authority
§ 1-16A-12 Executive director and associate–Compensation
§ 1-16A-13 Employment of consultants and agents–Compensation
§ 1-16A-14 Surety bonds required–Payment of cost
§ 1-16A-15 Corporate powers of authority
§ 1-16A-15.1 Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing
§ 1-16A-15.2 Determination of minimum amount of cash and investment reserves
§ 1-16A-16 Delegation of powers and duties
§ 1-16A-17 Records maintained by authority–Certified copies
§ 1-16A-17.1 Informational budget required
§ 1-16A-18 Acceptance of loans and gifts
§ 1-16A-19 Investment of surplus funds–Maturity of securities–Manner of investment
§ 1-16A-20 Location, construction, operation and maintenance of facilities–Designation of agent
§ 1-16A-21 Acquisition of property–Title taken
§ 1-16A-22 Restrictions of other laws not applicable
§ 1-16A-23 Public works laws not applicable–Competitive bidding not required
§ 1-16A-24 Mortgages for security of bondholders
§ 1-16A-25 Operation of facilities restricted to leasing
§ 1-16A-26 Leasing of facilities–Terms of lease–Option to purchase
§ 1-16A-27 Duration of leases–Rentals required
§ 1-16A-28 Establishment of rents and charges
§ 1-16A-29 Rules and regulations for use of facilities
§ 1-16A-30 Laws and ordinances applicable to facilities
§ 1-16A-31 Loans to participating institutions–Maximum amount
§ 1-16A-32 Refunding loans to participating institutions–Findings required
§ 1-16A-33 Initial planning service fee to accompany applications
§ 1-16A-34 Annual planning service fee payable to authority
§ 1-16A-35 Purpose of planning service fees–Agencies used in planning
§ 1-16A-36 Planning services and surveys obtained from other agencies
§ 1-16A-37 Proration of planning service fees between institutions
§ 1-16A-38 Issuance and refunding of bonds and obligations
§ 1-16A-39 Terms and form of bonds issued
§ 1-16A-40 Sale of bonds–Expenses of issuance
§ 1-16A-41 Negotiability of bonds
§ 1-16A-42 Bonds payable only from revenues
§ 1-16A-43 Pledge of revenues to secure bonds
§ 1-16A-44 Pledge continuing until bonds paid
§ 1-16A-45 Maintenance, rental and funding agreements in bond resolution
§ 1-16A-46 Pooling of leases for pledge of revenues
§ 1-16A-47 Bond redemption privileges retained
§ 1-16A-48 Additional bonds for facilities or HEAL loans–Protection of prior bondholders
§ 1-16A-49 Remedies of bondholders on default
§ 1-16A-50 General obligation not created by issuance of bonds–Tax levy not promised
§ 1-16A-51 State debt not created–Disclaimer in bonds
§ 1-16A-52 Pledge of full faith and credit of authority or institution
§ 1-16A-52.1 Financing through federally guaranteed securities authorized
§ 1-16A-52.2 Commitments and agreements for financing through federally guaranteed securities
§ 1-16A-52.3 Bonds not to exceed cost of facility–Expenses included–Terms and sale of bonds
§ 1-16A-52.4 Title to facility financed through federally guaranteed securities–Mortgage–Lease prohibited
§ 1-16A-52.5 Return of securities to issuer when provision made for payment
§ 1-16A-53 Refunding bonds authorized–Amount
§ 1-16A-54 Methods of refunding–Maturity dates
§ 1-16A-54.1 Bond issue authorized to refund securities of participating institution
§ 1-16A-54.2 Amount and terms of securities purchased–Mortgage–Insurance and guaranties
§ 1-16A-54.3 Pledge of securities to secure bonds–Income used for payment–Maximum principal–Bonds subject to other provisions of chapter
§ 1-16A-54.4 Title of financed facility to remain in participating institution–Mortgage–Lease prohibited
§ 1-16A-55 Bonds of authority as legal investments
§ 1-16A-56 Conveyance of facility to participating institution when debt paid
§ 1-16A-56.1 Conveyance provisions inapplicable to refinanced facility–Return of securities when bonds paid or payment provided for
§ 1-16A-57 Expenses paid from authority funds–Borrowing for initial operation
§ 1-16A-58 Tax exemption of authority
§ 1-16A-59 Securities regulation
§ 1-16A-60 Additional proceedings not required–Police power reserved
§ 1-16A-61 Powers supplementary
§ 1-16A-62 Powers under other law unimpaired
§ 1-16A-63 Liberal construction of chapter
§ 1-16A-64 Short title of chapter
§ 1-16A-65 Health education assistance loan program established
§ 1-16A-66 Health education assistance loan program–Powers of authority
§ 1-16A-67 Health education assistance loan program–Funding of HEAL loan purchases by bonds, notes or other obligations of authority
§ 1-16A-68 Health education assistance loan program–Payment of bonds
§ 1-16A-69 Health education assistance loan program–Security for principal and interest of bonds
§ 1-16A-70 Health education assistance loan program–Repayment fund created
§ 1-16A-74 Power to act as public instrumentality
§ 1-16A-74.1 Establishment of funding program for financing of property by public bodies–Assistance–Pledging of payments–Compliance with statutory limitations
§ 1-16A-75 Funding program for purchase of notes–Issuance of bonds or notes
§ 1-16A-76 Jurisdiction of federal bankruptcy courts–Written contracts concerning bonds or notes enforceable
§ 1-16A-78 Authority to issue education savings bonds
§ 1-16A-79 Criteria for issuance of education savings bonds
§ 1-16A-80 Additional criteria for issuance of education savings bonds
§ 1-16A-81 Discounted sale of education savings bonds–Interest–Payment at maturity
§ 1-16A-82 Sale of education savings bonds–Computation of aggregate principal
§ 1-16A-83 Plan of implementation for issuance and sale of education savings bonds
§ 1-16A-84 Designation by authority required for education savings bonds
§ 1-16A-85 Pool arrangement defined
§ 1-16A-86 Authority as funding authority for pool arrangement
§ 1-16A-87 Program for issuance of bonds or certificates of participation that constitute debt of participating agencies–Secured for payment by proceeds of irrepealable tax levies
§ 1-16A-88 Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies
§ 1-16A-89 Credit enhancement obligation–Conditions
§ 1-16A-90 Agreements with other entities involving credit enhancement obligations
§ 1-16A-91 Issued indebtedness for accounts receivable program
§ 1-16A-92 Authority may contract to manage payment or interest rate risk for bonds
§ 1-16A-93 Proposed issuance of obligations–Determination of board
§ 1-16A-94 Promulgation of rules establishing forecasting methodology
§ 1-16A-95 Issuance of additional obligations–Legislative approval
§ 1-16A-96 Appropriation for payments pursuant to lease purchase agreements–Agreement dated August 1, 1988 ratified
§ 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
§ 1-16A-98 State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education
§ 1-16A-99 Contracts made by school district, state, or authority not to be impaired
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Terms Used In South Dakota Codified Laws > Title 1 > Chapter 16A - Health and Educational Facilities Authority

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the South Dakota Health and Educational Facilities Authority created by this chapter. See South Dakota Codified Laws 1-16A-2
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • children in need of special education or special education and related services: means any person under the age of twenty-one years who is a resident of the State of South Dakota and who, because of his educational needs as defined by the South Dakota Board of Education Standards in rules promulgated pursuant to chapter 1-26 and this chapter, is not adequately provided for through the usual facilities and services of the school and requires special education. See South Dakota Codified Laws 13-37-1
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit enhancement obligation: means an agreement, instrument, or other arrangement described in chapter 6-8B, pursuant to which any municipality or county covenants or agrees to levy taxes or pledge its full faith and credit or other revenues, funds, fees, or property, in amounts necessary to pay debt service and related charges on or in connection with bonds or other obligations issued to finance or refinance property, real or personal, and related costs for a health institution that owns or operates a hospital in this state. See South Dakota Codified Laws 1-16A-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Educational institution: means any private nonprofit corporation or institution authorized by law to provide or operate educational facilities and to provide a program of education beyond the high school level in this state. See South Dakota Codified Laws 1-16A-2
  • election: as used in this chapter includes any election held in this state for the purpose of enabling the voters to nominate or elect any United States, state, or local officer, or to vote upon any question submitted to them. See South Dakota Codified Laws 12-26-1
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HEAL loans: means loans to finance the graduate education of health professionals, which have been made pursuant to the Federal Health Education Assistance Loan Program created pursuant to P. See South Dakota Codified Laws 1-16A-2
  • Health institution: means any private nonprofit corporation or institution authorized by law to provide or operate health facilities in this state, or any private nonprofit corporation or institution authorized by law to provide or operate health facilities outside this state. See South Dakota Codified Laws 1-16A-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • participating educational institution: means a nonprofit educational institution that, pursuant to this chapter, shall undertake the financing and construction or acquisition of educational facilities or shall undertake the refunding or refinancing of outstanding obligations or of a mortgage or of advances or loans, as provided in and permitted by this chapter. See South Dakota Codified Laws 1-16A-2
  • Participating health institution: means a nonprofit health institution that, pursuant to this chapter, shall undertake the financing and construction or acquisition of health facilities or shall undertake the refunding or refinancing of outstanding obligations or of a mortgage or of advances or loans, as provided in and permitted by this chapter, whether located within this state or in another state. See South Dakota Codified Laws 1-16A-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public body: means any county, municipality, or township, or any school district, hospital district, sanitary district, irrigation district, drainage district, or water user district. See South Dakota Codified Laws 1-16A-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • special education: means educational services and auxiliary services provided children in need of special education or special education and related services pursuant to the provisions of this chapter and shall include school instruction conforming as nearly as possible to the school program as defined in accreditation rules under duly qualified special education teachers to the extent that the child in need of special education or special education and related services is capable of profiting. See South Dakota Codified Laws 13-37-2
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2