Section 1-16A-2 - DefinitionsAs used in this chapter, unless the context otherwise requires:
(1) "Authority" means the South Dakota Health and Educational Facilities Authority created by this chapter;(2) "Costs," as applied to facilities financed in whole or in part under this chapter, include the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, and extension of such facilities, including without limitation the cost of studies and surveys; the costs for land title and mortgage guaranty policies; plans, specifications, architectural, and engineering services; legal, organization, marketing, or other special services; financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair, or remodeling of existing buildings; costs of acquiring or reacquiring accounts receivable; and all other necessary and incidental expenses, including working capital and an initial bond and interest reserve, together with interest on bonds issued to finance such facilities to a date six months subsequent to the estimated date of completion;(3) "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;(4) "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. A "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. A "participating educational institution" also means any school district or LEA in the state authorized to enter into a lease-purchase agreement with the health and educational facilities authority pursuant to chapter 13-19 or 13-39;(5) "Facilities," in the case of a participating health institution, means a structure or building suitable for use as a hospital, clinic, nursing facility, home for the aged, or other health care facility, laboratory, laundry, residence for nurses, doctors, or interns, administration building, research facility, maintenance, storage or utility facility, auditorium, dining hall, food service and preparation facility, fire prevention facility, mental and physical health care facility, dental care facility, nursing school, medical teaching facility, offices, parking lots, and garages, and other supporting service structures, and all necessary, useful, and related equipment, furnishings, and appurtenances, and including without limitation the acquisition, preparation, and development of all lands necessary or convenient as a site or sites for any of the foregoing. Facilities, in the case of a participating health institution, also means any accounts receivable, working capital, or operating expense, financing, or refinancing program, of a participating health institution or institutions, with or involving funds provided in whole or in part hereunder, or any combination thereof. Facilities, in the case of a participating educational institution, means a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, and maintenance, storage, or utility facility, and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution for higher education, including parking and other facilities or structures essential or convenient for the orderly conduct of the institution for higher education, and includes equipment and machinery and other similar items, necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies, or other items that are customarily deemed to result in a current operating charge. Facilities does not include any property used or to be used primarily for sectarian instruction or study, or as a place for devotional activities or religious worship, or any property that is used or to be used primarily in connection with any part of a program of a school or department of divinity of any religious denomination;(6) "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.L. 94-484, and which are fully insured or guaranteed as to principal and interest by the United States, its agencies or instrumentalities;(7) "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;(8) "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;(9) "Participating public agency" means any public agency, as defined in chapter 1-24, which has elected to participate in a pool arrangement;(10) "Public body" means any county, municipality, or township, or any school district, hospital district, sanitary district, irrigation district, drainage district, or water user district; and(11) "Revenues," with respect to facilities, means the rents, fees, charges, and other income or profit derived therefrom, and with respect to HEAL loans, means all amounts received in repayment of such loans, including any insurance benefits.SL 1972, ch 10, § 2; SL 1982, ch 10, § 2; SL 1986, ch 124, § 4; SL 1987, ch 144, § 6; SL 1988, ch 13, § 1; SL 1991, ch 11, § 7; SL 1992, ch 3, § 1; SL 1994, ch 8, §§ 2, 3; SL 2004, ch 9, §2; SL 2020, ch 2, § 2.Amended by S.L. 2020, ch. 2,s. 2, eff. 7/1/2020.