ENTITLED, An Act to provide for the designation of certified technology parks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "GOED," the Governor's Office of Economic Development;
(2) "Governing body," the governing body of the sponsor;
(3) "High technology activity," includes any of the following:
(a) Advanced computing, which is any technology used in the design or development
of computer hardware and software, data communications, or information
technologies;
(b) Advanced materials, which are materials with engineered properties created
through the development of specialized process and synthesis technology;
(c) Biotechnology, which is any technology that uses living organisms, cells,
macromolecules, micro-organisms, or substances from living organisms to make
or modify a product, improve plants or animals, or develop micro-organisms for
useful purposes. Biotechnology does not include human cloning or stem cell
research with embryonic tissue;
(d) Electronic device technology, which is any research or technology that involves:
(i) Microelectronics, semiconductors, or electronic equipment;
(ii) Instrumentation, radio frequency, microwave, and millimeter electronics;
(iii) Optical and optic-electrical devices; or
(iv) Data and digital communications and imaging devices;
(e) Engineering or laboratory testing related to the development of a product;
(f) Technology that assists in the assessment or prevention of threats or damage to
human health or the environment, including environmental cleanup technology,
pollution prevention technology, or development of alternative energy sources;
(g) Medical device technology, which is any technology that involves medical
equipment or products;
(h) Product research and development; or
(i) Advanced vehicles' technology, which is any technology that involves:
(i) Electric vehicles, hybrid vehicles, or alternative fuel vehicles; or
(ii) Components used in the construction of electric vehicles, hybrid vehicles,
or alternative fuel vehicles;
(4) "Sponsor," any incorporated municipality, county, or improvement district created
pursuant to chapter 7-25A.
Section 2. The governing body of a sponsor may apply to GOED for designation of all or part
of the area within the sponsor's jurisdictional area as a certified technology park. The application
shall be in a form specified by GOED and shall include information GOED deems necessary to make
the determinations required pursuant to this Act.
Section 3. After receipt of an application submitted pursuant to section 2 of this Act, GOED may
designate a certified technology park for a period of five years if GOED determines that the
designation is in the best interests of economic development within this state and the proposed
certified technology park satisfies the following criteria:
(1) A firm commitment from at least one business engaged in a high technology activity
creating a significant number of jobs at the proposed site;
(2) A firm demonstration of support from a postsecondary educational institution, a public
or private institute that engages in research, a public or military research and development
or testing facility on an active United States government military base or other military
installation located within, or in the vicinity of, the proposed certified technology park,
or a laboratory or other research facility owned, operated or funded by the United States
located within, or in the vicinity of, the proposed certified technology park; and
(3) A firm demonstration of support from an economic development organization within the
sponsor's jurisdictional area.
Section 4. Within thirty days of the first anniversary of designation and within thirty days of each
anniversary thereafter, the sponsor shall furnish on forms provided by GOED all of the following
information:
(1) Total employment and payroll levels for businesses operating within the certified
technology park;
(2) The nature and extent of any technology transfer and research activity occurring within
the certified technology park;
(3) The nature and extent of any nontechnology businesses operating within the certified
technology park; and
(4) An analysis of the certified technology park's overall contributions to the
technology-based economy in this state.
Section 5. The sponsor may apply to GOED for renewal of the designation of a certified
technology park. The application shall be on forms supplied by GOED and shall be filed at least
three months prior to the expiration of the existing designation. GOED may renew the designation
of a certified technology park for up to five additional years if the requirements of section 3 of this
Act continue to be met and if the sponsor has complied with section 4 of this Act.
Section 6. GOED may conduct, or cause to be conducted, such inspections and reviews of the
proposed certified technology park site and books and records relating to the application for
certification or recertification as GOED deems appropriate to carry out the provisions of this Act.
Section 7. Each application for designation of a certified technology park, each application for
renewal of a designation, and all information related to any such applications, to the extent not
already in the public domain, shall be held in confidence by GOED and may not be made available
to the public prior to designation. If designation or redesignation is denied, the denial shall remain
confidential and no record of the application may be made available to the public. If a designation
or redesignation is granted, the information provided to GOED in connection with the application
and the information provided pursuant to section 4 of this Act shall be available for public inspection
and for use in marketing the certified technology park.
Section 8. GOED may revoke the designation of a certified technology park after notice and a
hearing conducted pursuant to the provisions of chapter 1-26 if the sponsor fails to comply with
section 4 of this Act or if the site no longer qualifies for designation as a certified technology park.
An Act to provide for the designation of certified technology parks.
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I certify that the attached Act
originated in the
SENATE as Bill No. 162
____________________________
Secretary of the Senate
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____________________________
President Pro Tempore of the
Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 162
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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