§ 1-16A-76 — Jurisdiction of federal bankruptcy courts--Written contracts concerning bonds or notes enforceable.

South Dakota § 1-16A-76

• Jurisdiction: South Dakota
• Title 1: STATE AFFAIRS AND GOVERNMENT
• Ch. 1-16: HEALTH AND EDUCATIONAL FACILITIES AUTHORITY

Text

The authority, all school districts and other public bodies, and all officers or departments of the state dealing with the state or the authority pursuant to §§ 1-16A-19 , 1-16A-74 to , inclusive, and 13-19-1.2 are not subject to the jurisdiction of the federal bankruptcy courts or any successor thereof under the United States Constitution. Any contract, agreement, or other arrangement entered into by any or all of the school districts or other public bodies, the authority and any officers or departments of the state or the authority pursuant to § 1-16A-19 , 1-16A-74 to , inclusive, 1-16A-97 to 1-16A-99 , inclusive, 13-19-1.2 , 13-19-27 , 13-19-29 , 13-13-39 , or 13-13-74 or in anticipation of or for the securing of the issuance of tax anticipation notes by any or all of the school districts, the issuance or agreement to issue warrants or general obligation refunding bonds by any or all of the school districts, the agreement by the authority and the school district or any officers or department of the state to purchase any or all of such notes, warrants, or general obligation refunding bonds or any related or similar agreement for the benefit of investors or any other third party or parties shall be valid, binding and enforceable when made in writing duly signed by the appropriate officers. All such agreements and other arrangements are not subject to disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of consideration or any other fact, occurrence or rule of law.

Legislative History

SL 1986, ch 13, § 3; SL 1988, ch 13, § 4; SL 2015, ch 90, § 6.