State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

660T0394   HOUSE BILL   NO.  1178  

Introduced by:    Representatives Magstadt, Kirkeby, and Schrempp and Senators Holien, Bradford, Schlekeway, and Tieszen
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposal of local government property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 6-5-2 be amended to read as follows:
    6-5-2. Any county, municipality, sanitary district, township, or school district political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring said the political subdivision or nonprofit corporation to pay therefor for the property.
    Section 2. That § 6-13-1 be amended to read as follows:
    6-13-1. The governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the

purpose for which it was acquired. No motion is required to sell, trade, loan, destroy, or otherwise dispose of consumable supplies, printed text, zoo animals, or subscriptions.
    Section 3. That chapter 6-13 be amended by adding thereto a NEW SECTION to read as follows:

    Any municipality or other political subdivision of the state that operates a zoo may enter into an agreement for the loaning of zoo animals with another political subdivision, nonprofit corporation, or other entity that operates a zoo accredited by the Association of Zoos and Aquariums or other appropriate institutions dealing with animal care, breeding, welfare, or wildlife education. The zoo that accepts the loaned zoo animals may be located inside or outside the state of South Dakota. The loan agreement shall be under terms and conditions agreed to by the parties to the agreement. Zoo animals loaned pursuant to this section are not deemed to be surplus property, and no motion is required to enter into an agreement for the loaning of zoo animals.