2019 House Bill 1140 - Printed

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

913B0272   HOUSE BILL   NO.  1140  

Introduced by:    Representatives Gosch, Greenfield (Lana), Marty, Rasmussen, Schoenfish, and Weis and Senators Greenfield (Brock), Cronin, Maher, and Youngberg
 

        FOR AN ACT ENTITLED, An Act to prohibit any high school interscholastic activities association from restricting or prohibiting broadcasting of high school activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 13-36-4 be amended to read:
    13-36-4. The school board of a public school, approved and accredited by the secretary of the Department of Education, district may delegate, on a year to year year-to-year basis, the control, supervision, and regulation of any high school interscholastic activities to any association which that is voluntary and nonprofit if:
            (1)    Membership in the association is open to all high schools approved and accredited pursuant to this section in accordance with this title, including any school that allows participation by students any student receiving alternative instruction as set forth in § 13-27-3, pursuant to the provisions of this title;
            (2)    The constitution, bylaws, and rules of the association are subject to ratification by the school boards of the member public school districts and the governing boards of the member nonpublic schools and include a provision for a proper review procedure and

review board;

            (3)    The report of any audit required by § 13-26-5 § 13-36-5 is made public on the association's website, as well as the website maintained by the Department of Legislative Audit's website Audit;
            (4)    The association complies with the provisions of chapter chapters 1-25 and chapter 1-27. However, the association, and its employees, meetings, and records, are afforded and abides by the same exemptions and protections as those given for or to a political subdivision or public body is provided under chapter chapters 1-25 and chapter 1-27; and
            (5)    The association shall report reports to the Government Operations and Audit Committee annually, or at the call of the chair; and
            (6)    The association does not restrict or prohibit the video recording or live broadcast of any high school interscholastic activity or event by any television, radio, internet, or other broadcasting organization.
    The governing body of a nonpublic school, approved and accredited by the secretary of the Department of Education, or AdvancED, or the Association of Christian Schools International (ACSI), or the Association of Classical and Christian Schools (ACCS), or Christian Schools International (CSI), or National Lutheran School Accreditation (NLSA), or the Commission for Oceti Sakowin Accreditation (COSA), or the Wisconsin Evangelical Lutheran Synod School Accreditation, may also delegate, on a year to year year-to-year basis, the control, supervision, and regulation of any high school interscholastic activities or events to any association which that is voluntary and nonprofit if membership in such association is open to all high schools approved and accredited pursuant to this section, including any school that allows participation by students receiving alternative instruction as set forth in § 13-27-3, pursuant to the provisions

of this title, and if the constitution, bylaws, and rules of the association are subject to ratification by the school boards of the member public school districts and the governing boards of the member nonpublic schools and include a provision for a proper review procedure and review board, provided the association meets the requirements of this section.

    Any association which that complies with this section may exercise the control, supervision, and regulation of interscholastic activities and events, including interscholastic athletic events of member schools. The association may promulgate reasonable uniform rules, to make decisions and to and, in accordance with the rules, provide and enforce reasonable penalties for the violation of the rules violations.

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