Printer FriendlyHB 1142 enhance the support for public postsecondary technical institu...
State of South Dakota
LEGISLATIVE ASSEMBLY, 2014
ENGROSSED NO. HB 1142 - 03/14/2014
Introduced by: Representatives Mickelson, Bolin, Conzet, Dryden, Ecklund, Erickson,
Haggar (Don), Hajek, Heinemann (Leslie), Hickey, Hoffman, Langer, Lust,
May, Novstrup (David), Otten (Herman), Rozum, Solum, Stalzer, Werner,
Westra, Wick, and Wink and Senators White, Curd, Frerichs, Heineman
(Phyllis), Jones (Tom), Kirkeby, Krebs, Peters, Rampelberg, Rave, Van
Gerpen, and Vehle
FOR AN ACT ENTITLED, An Act to enhance the support for public postsecondary technical
institutes, to transfer certain funds, to make an appropriation therefor, and to declare an
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 9-21 be amended by adding thereto a NEW SECTION to read as
The governing body of a municipality may contribute sums of money to provide general
operating and capital support to any postsecondary technical institute and other career and
technical education purposes. The funds necessary to execute this section may be appropriated
out of the municipal general fund, the capital outlay fund, or both.
Section 2. That chapter 7-18 be amended by adding thereto a NEW SECTION to read as
Any county of this state may, through its county commissioners, contribute sums of money
to provide general operating and capital support to any postsecondary technical institute and
other career and technical education purposes. The funds necessary to execute this section may
be appropriated from the county general fund, the capital outlay fund, or both.
Section 3. That § 13-16-3 be amended to read as follows:
13-16-3. The general fund of the school district is a fund provided by law to meet all the
operational costs of the school district, excluding capital outlay fund and special education fund
expenditures pursuant to § 13-13-37, and to redeem all outstanding warrants against the general
fund. Notwithstanding the provisions of § 13-16-6, the general fund may be used to purchase
or lease computer hardware and software. The general fund may be used to support a
postsecondary technical institute and other career and technical education purposes.
Section 4. That § 13-39-38 be amended to read as follows:
13-39-38. The secretary of education shall apportion and distribute funds made available for
postsecondary technical institutes through a formula approved by the South Dakota Board of
Education to the LEAs having jurisdiction over postsecondary technical institutes to assist in
maintaining and operating those schools. The use of the funds are subject to rules promulgated
by the state board pursuant to subdivision 13-39-37(3) and in accordance with the approved
state plan for career and technical education. However, the formula approved by the South
Dakota Board of Education may not reduce or increase the apportionment and distribution to
any postsecondary technical institute as a result of any municipal, county, or LEA financial
Section 5. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
Any postsecondary technical institute, LEA school district or school districts, or any
combination of them that established a postsecondary technical institute may modify the
postsecondary technical institute's governing board, the procedure for selecting the governing
board members and may determine whether to establish the postsecondary technical institute
as a distinct separate LEA, which shall be an LEA and a public body under chapter 1-16A. Upon
establishment of such a separate LEA, the school district shall assign to, and the newly
established separate LEA shall expressly assume, all rights, covenants and obligations of the
school district in connection with any lease purchase agreement or sublease authorized under
§§ 13-39-66 to 13-39-71, inclusive, and any and all instruments and other agreements related
Section 6. There is established a postsecondary technical institute equipment fund.
Section 7. One million five hundred thousand dollars ($1,500,000) from the current balance
of the postsecondary technical institutes facilities fund shall be transferred to the postsecondary
technical institute equipment fund provided the collateral requirements associated with the
postsecondary technical institute facilities fund have been released or satisfied.
Section 8. Any money in the postsecondary technical institute equipment fund is
continuously appropriated for distribution as provided in this section. The secretary of education
shall grant the money to the postsecondary technical institutes to purchase equipment.
Equipment purchases shall be based upon priorities established by each postsecondary technical
institute, approved by each postsecondary technical institute's governing body and approved by
the South Dakota Board of Education.
Section 9. There is hereby appropriated from the general fund the sum of two hundred fifty
thousand dollars ($250,000), or so much thereof as may be necessary, to the Department of
Education for the maintenance and repair of the postsecondary technical institute buildings to
be apportioned and distributed by the South Dakota Board of Education.
Section 10. The secretary of education shall approve vouchers and the state auditor shall
draw warrants to pay expenditures authorized by this Act.
Section 11. Any amounts appropriated in this Act not lawfully expended or obligated by
June 30, 2015, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 12. That § 1-16A-95 be amended to read as follows:
1-16A-95. Beginning on July 1, 2013, the issuance of any additional bonds, notes, or other
obligations of the authority which are payable out of receipts, rentals, and other payments made
pursuant to lease purchase agreements with the Western Dakota Technical Institute, the
Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical
Institute, or the South Dakota Board of Education under the authority of chapter 13-39
approved by the Legislature before issuance. This requirement, however, does not apply to the
issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other
Section 13. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.