Chapter 159

(House Bill 1050)

An Act to repeal obsolete lease requirements for the Black Hills Playhouse.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 41-17-11.1 be REPEALED.

As consideration to Custer State Park for the use of the land by the Black Hills Playhouse, the Game, Fish and Parks Commission shall negotiate a lease agreement with the playhouse.

Section 2. That § 41-17-11.2 be REPEALED.

Prior unpaid lease payments required of the Black Hills Playhouse to the Department of Game, Fish and Parks as of July 1, 1996, are waived.

Section 3. That § 41-17-11.3 be REPEALED.

The lease agreement entered into effective October 1, 1999, by the State of South Dakota by and through the South Dakota Department of Game, Fish and Parks and the Black Hills Playhouse, Inc., is hereby modified and continued and shall remain in full force and effect until September 30, 2019.

Section 4. That § 41-17-11.4 be REPEALED.

The Black Hills Playhouse, Inc., shall correct to the satisfaction of the state the building violations cited by state inspectors in the Office of Risk Management inspection report dated January 12, 2010. If repairs are not completed on or before September 30, 2012, the lease is null and void.

Section 5. That § 41-17-11.5 be REPEALED.

The Black Hills Playhouse, Inc., shall expend no less than five percent of its annual operating budget each year for the maintenance and repair of the buildings occupied by the Black Hills Playhouse, Inc. The amount shall be spent according to a plan submitted by the Black Hills Playhouse, Inc., and approved by the Department of Game, Fish and Parks. The Black Hills Playhouse, Inc., shall share in the cost of replacing infrastructure necessary to operate the facility. Any negotiations between the Department of Game, Fish and Parks and the Black Hills Playhouse, Inc., regarding the maintenance and repair plan or the cost share for replacing infrastructure shall be conducted in good faith.

Signed February 14, 2022