The authority shall have the power to assist, coordinate and participate with governmental authorities and issuers of states other than the State of South Dakota (for purposes of this section, “out–of–state issuers”) in connection with issuance of bonds, notes or other evidence of indebtedness by such out–of–state issuers for educational and health facilities located within the State of South Dakota.

In connection with such financing by out–of–state issuers, the authority is designated as the only entity in the State of South Dakota which may conduct the public hearing of the applicable governmental unit required by section 147(f) of the Internal Revenue Code of 1986, as amended, or any successor provision of the Internal Revenue Code, and the Governor of the State of South Dakota is designated as the only person in the State of South Dakota who may be the applicable elected representative pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended.

Terms Used In South Dakota Codified Laws 1-16A-15.1

  • Authority: means the South Dakota Health and Educational Facilities Authority created by this chapter. See South Dakota Codified Laws 1-16A-2
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Following such hearing, the authority shall determine whether the financing should proceed with respect to educational or health facilities located within the State of South Dakota by an out–of–state issuer. If the authority determines that the financing should not proceed, the financing shall not proceed by an out–of–state issuer with respect to the South Dakota facilities.

Source: SL 2004, ch 9, § 5.

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