21.389.14 96th Legislative Session 400
An Act to revise certain provisions regarding the South Dakota State Historical Society.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 1-18-2 be AMENDED.
Historical Society within the Department of Education shall collect,
preserve, exhibit, and publish material for the study of history,
especially the history of this
the upper great plains.
To this end, the office shall explore the archaeology of the region;
acquire documents and manuscripts; obtain narratives and records of
pioneers; conduct a library of historical reference; maintain
a gallery of historical portraiture, and an ethnological and
the South Dakota State History Museum; survey, document, and promote
the preservation of historic properties and sites; examine the
culture and history of American Indians and other ethnic groups;
publish and otherwise diffuse information relating to the history of
the region to schools and communities; and
encourage and develop within the state the study of history.
Section 2. That § 1-18-2.2 be REPEALED.
1-18-2.2. Review and analysis of historical society.
Section 3. That § 1-18-3 be AMENDED.
1-18-3. Creation--Additional duties.
There is hereby created the South Dakota State Historical Society which shall perform the following duties and any other duties as may be imposed upon it by law:
(1) Provide education of the public in the fields of history;
(2) Promote the preservation of sites of historical and cultural significance;
raising to support historical projects;
(4) Continue responsibilities and contracts with members of the society, as provided by law;
(5) Maintain liaison and support with local historical societies and groups;
as an advisory group Provide
advice to the
secretary of education and the State Historical Society Board of
Trustees so as to promote cooperation in the preservation of the
history of the state;
(7) Conduct special programs and public events to promote history;
(8) Promote the study of archaeology;
(9) Promote the preservation of historical records; and
(10) Publish such information relating to the history of the state as it deems advisable.
The South Dakota State Historical
Society shall be organized with officers,
as provided in §§ 1-18-18,
in § 1-18-4.
Section 4. That § 1-18-4 be REPEALED.
1-18-4. Classes of members--Selection.
Section 5. That § 1-18-7 be AMENDED.
1-18-7. Officers--Participation--Members only.
in § 1-18-25,
life and annual
hold office in
the historical society and
right to vote and take part in its proceedings
shall be possessed only by life and annual members and delegates from
Section 6. That § 1-18-8 be AMENDED.
1-18-8. Place of business.
The principal business of the
society shall be transacted at the South Dakota
Cultural Heritage Center and suitable accommodations shall be made
available to the society
State History Museum.
Section 7. That § 1-18-10 be AMENDED.
membership of the
historical society may be held from time to time as required upon the
call of the
president and director ,
and such meetings shall be called by the director
or upon the
written request of
of the State Historical Society Board of Trustees
to the director.
Section 8. That § 1-18-11 be AMENDED.
At any meeting of the historical
regular or special, not less than ten
at least five percent of
members having the right to vote shall
Section 9. That § 1-18-13.3 be AMENDED.
1-18-13.3. Trustees--Election--Qualifications--Initial terms.
Historical Society shall elect six members from its membership to the
State Historical Society Board of Trustees
by using the voting process that the board shall determine.
One must be an archivist, one must be an architectural historian, and
one must be an archaeologist
All trustees must be
qualified to meet the requirements for receipt of federal funds. The
initial members elected from the membership of the South
Historical Society will be elected by the executive committee of the
Historical Society. Two of these members shall be selected for a
one‑year term, two for a two‑year term, and two for a
Section 10. That § 1-18-13.4 be REPEALED.
1-18-13.4. Meeting to elect trustees--Notice.
Section 11. That § 1-18-14.1 be AMENDED.
The State Historical Society
Board of Trustees shall meet at least four times
meetings may be held at the call of the president or upon the request
of seven members of the board.
A decision of the trustees is subject to contested case provisions
pursuant to chapter 1-26.
The per diem and expenses of the board shall be paid out of funds
appropriated for the South Dakota State Historical Society drawn by
the state auditor upon itemized vouchers approved by the director.
Section 12. That § 1-18-15 be AMENDED.
The board of trustees may appoint
subcommittees of its own number which may exercise such powers as are
entrusted to them, respecting subjects for which they are especially
including supervision of the expenditures of funds available for the
support and maintenance of the historical society.
Section 13. That § 1-18-16 be REPEALED.
1-18-16. Bylaws of historical society.
Section 14. That § 1-18-17 be AMENDED.
The board of trustees shall
manage, administer, and control the disposition of the money,
property and effects, and
affairs of the historical society, and
direct the officers thereof under such limitations
perform those functions assigned in this chapter and all other
may be assigned
The board has advisory functions, as defined in § 1-32-1,
with regard to the South Dakota State Historical Society.
Section 15. That § 1-18-18 be AMENDED.
There shall be elected
biennially, by the board of trustees,
the close of the regular meeting of the historical society, a
president and vice‑president, who shall hold their respective
offices for a term of two years and until their successors are duly
Section 16. That § 1-18-19 be AMENDED.
The president shall preside at
all meetings of the historical society and of the board of trustees
and sign all deeds, releases, and conveyances executed by the
The vice-president shall discharge the duties of the president in the event of the president's absence or inability to act from any cause.
Section 17. That § 1-18-22 be AMENDED.
The director of the South Dakota
State Historical Society shall
countersign all deeds, releases, and conveyances executed by the
society, and shall affix the seal of the society thereto, and to such
other papers as shall be required or directed to be sealed
execute the powers and discharge the duties vested by law in the
keep a record of the proceedings of the society and of the board of
trustees; shall safely and systematically keep all papers, records,
and documents belonging to the society or appertaining to the
business thereof, except such as may be committed to the care of
other officers; shall conduct the correspondence of the society;
society's exhibitions and
generally so far as required, always subject to the direction of the
board of trustees,
shall administer the several activities
and offices of
Section 18. That § 1-18-25 be AMENDED.
1-18-25. State treasurer as treasurer of historical society--Membership in historical society not required to serve as treasurer--Duties.
The state treasurer is treasurer of the historical society regardless of whether the state treasurer is a member of the historical society. The state treasurer shall receive and maintain custody of all money, securities for money, and such other property of the society that is committed to the state treasurer's charge by the board of trustees; invest the capital of the special funds as authorized by the board of trustees; pay out such funds as authorized; and render from time to time, to the society, statements in writing of the sums of money received and from what source received, of the sums disbursed and for what purpose, with proper vouchers accompanying the same, and of money, securities, and property in the state treasurer's possession, and generally of all matters pertaining to the office of the treasurer of the historical society.
Section 19. That § 1-18-28 be REPEALED.
1-18-28. Compensation of officers and employees.
Section 20. That § 1-18-29 be REPEALED.
1-18-29. Fiscal year of historical society.
Section 21. That § 1-18-31 be AMENDED.
All money collected by the
historical society or any officer thereof
for individual life, patron individual, or corporate
fees, from the sale of duplicates, from gifts or bequests, or from
any other source shall be paid into the treasury and shall be kept by
the treasurer as the historical society special
fund, to be used for the purposes set forth in § 1-18-2
and paid out on proper vouchers as
directed by the board of trustees
approved by the director.
Section 22. That § 1-18-31.1 be AMENDED.
1-18-31.1. Publications revolving account--Purposes--Deposits.
There is hereby created within
the historical society special revenue fund, a publications revolving
account to be used for the purpose of republishing documents,
materials, and works of historical significance to this state
adjacent states, and the region
and the upper great plains.
The proceeds from the sale of such republished material and any gifts
made for this purpose shall be deposited in the publications
Section 23. That § 1-18B-2 be AMENDED.
1-18B-2. Board--Duties--Preservation and publication--Activities authorized.
In addition to the other duties
imposed upon it by law, the State Historical Society Board of
Trustees shall collect, preserve, exhibit, and publish material for
the study of history, especially the history of South Dakota and
the upper great plains,
and to this end explore the archaeology of the region; acquire
documents and manuscripts; obtain narratives and records of pioneers;
conduct a library of historical reference; maintain
a gallery of historical portraiture, and
an ethnological and historical museum;
survey, document, and promote the preservation of historic properties
and sites; examine the culture and history of American Indians and
other ethnic groups;
publish and otherwise diffuse information relating to the history of
the region; and ,
encourage and develop within the state the study of history.
Section 24. That § 1-18B-4 be AMENDED.
The State Historical Society
Board of Trustees may expend such funds as are made available to it
for the purposes assigned to it by law. Such expenditures shall be
made in accordance with the laws of the state and paid out on
vouchers signed by the
chair of the board or a duly authorized representative of the board
Section 25. That § 1-18B-8 be AMENDED.
Any material published by the
State Historical Society Board of Trustees shall be printed as
provided by law and copies thereof exchanged for similar publications
and sold to the general public as the board may determine. The
consistent with existing law,
the price at
which each publication may be
sold or delivered.
Section 26. That § 1-18B-9 be AMENDED.
1-18B-9. Public records--Release to society--Prerequisites and conditions.
Any state, county, or municipal
public official may release to the South
Historical Society any record for
under the following circumstances:
(1) The official shall designate such record in writing and certify that the record has important historical value;
(2) The record shall be of the type and sort which is not ordinarily in current usage;
(3) The official shall receive a
receipt for the record and pay all costs of transportation of the
record from its place of deposit
the capital with
the South Dakota State Historical Society, and
for its return, including insurance, if conveyed by other than an
official of the office;
record may not be absent from its legal place of deposit for a period
of over four weeks; (5) Microfilms
of the record
shall be available to the legal custodians at the cost of reproducing
Section 27. That § 1-18B-12 be AMENDED.
For making copies of any
paper, advertisement, legal notice, or document, the South
shall charge a fee equal to the cost of
Board of Trustees may promulgate rules, pursuant to chapter 1-26,
to set fees for
reproducing such paper, advertisement, legal notice, or document
and for every certificate thereto the sum of fifty cents.
Section 28. That § 1-18C-5 be AMENDED.
1-18C-5. Archivist--Official custodian--Duties.
The archivist is the official
custodian of the archival resources of the state and shall assemble,
preserve, and service the permanently valuable records of the state.
The archivist shall receive all records transferred to the archives
for permanent retention and negotiate for the transfer of any records
in the custody of a state agency.
to appropriate restrictions, the archivist
shall make any records in custody available to serve the
administrative and informational needs of state government and the
people of the State of South Dakota.
Section 29. That § 1-18C-8 be AMENDED.
1-18C-8. Archivist--Receipts for acquisitions--Copies.
The archivist shall prepare
receipts for any archival resources acquired under the provisions of
this chapter, and shall deliver
one copy to the state records manager and
one copy to the agency head from which the records were obtained ,
and retain one or more copies for use in the state archives.
Section 30. That § 1-19A-9 be REPEALED.
1-19A-9. State Historical Society as agency to accept donations--Exception.
Section 31. That § 1-19A-25 be REPEALED.
1-19A-25. Heritage area designation.
Section 32. That § 1-19A-26 be REPEALED.
1-19A-26. Determining heritage areas.
Section 33. That § 1-19A-27 be REPEALED.
1-19A-27. Promulgation of rules for heritage area designations.
Section 34. That § 1-19A-28 be REPEALED.
1-19A-28. Promotional materials to consider designated heritage areas--Prioritizing heritage areas for historic properties benefits.
Section 35. That § 1-20-18 be AMENDED.
Terms used in this chapter mean:
(1) "Complete collection," any site forms, updated site forms, artifacts, ecofacts, permits, contracts, correspondence, survey and excavation records, field notes, maps, lab analysis records, manuals for filed and lab procedures, photographic media, professional papers, shapefiles, and all documentation related to the project or undertaking;
(2) "Field investigations," the study of the traces of human culture at any land or water site by means of surveying, digging, sampling, excavating, or removing surface or subsurface objects, or going on a site with that intent;
any aboriginal mound, fort, earthwork, village location, burial
ground, historic or prehistoric ruin, mine, cave, or other location
which is or may be the source of important archaeological data; (3)(4) "Specimens,"
all relics, artifacts, remains, objects, or any other evidence of an
historical, prehistorical, archaeological, or anthropological nature,
which may be found on or below the surface of the earth, and which
have scientific or historical value as objects of antiquity, as
aboriginal relics, or as archaeological samples.
Section 36. That § 1-20-25 be AMENDED.
1-20-25. Exclusive right--Investigation on public lands--Property of state.
State of South Dakota
to itself the exclusive rights and privilege of field investigation
land owned or
controlled by the state, its agencies, departments, institutions, or
political subdivisions in order to protect and preserve
archaeological and scientific information, matter, and objects. All
such information and objects deriving from state lands shall remain
the property of the state and be utilized for scientific or public
Section 37. That § 1-20-33 be AMENDED.
1-20-33. Exploration results--Report to state archaeologist.
When exploration or field investigations are undertaken pursuant to § 1-20-32, a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs shall be submitted to the state archaeologist for review.
Section 38. That § 1-20-34 be AMENDED.
1-20-34. Specimens collected--State property--Disposition.
specimens collected under When
pursuant to § 1-20-32
the permittee shall prepare a technical report documenting such
project or undertaking. The report shall be submitted to the state
archaeologist for review and approval. The complete collection of the
project is the
permanent property of the state. The state archaeologist
arrangements for the disposition of
specimens derived from such activities in an appropriate institution
of the state or for the loan of such specimens to qualified
the complete collection in another federally-recognized repository,
in or out of the state.
Section 39. That § 5-15-49 be REPEALED.
5-15-49. Centennial Cultural Heritage Center established in Pierre.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.