State of South Dakota
LEGISLATIVE ASSEMBLY, 2014
HOUSE STATE AFFAIRS
ENGROSSED NO. HB 1142 - 02/19/2014
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 and to make an appropriation therefor.
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. 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. 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.
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.
Section 6. There is established a postsecondary technical institute equipment fund. All funds
available not otherwise appropriated by the General Appropriations Act as a result of the
termination of the large project contractor's excise tax refund program and the sunsetting of any
potential remaining refund claim pursuant to chapter 10-46B shall be used to fund the
postsecondary technical institute equipment fund.
Section 7. 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 8. There is hereby appropriated from the general fund the sum of one dollar ($1),
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 9. There is hereby appropriated from the general fund the sum of one dollar ($1),
or so much thereof as may be necessary, to the Department of Education to support an increased
per student allocation for postsecondary technical education students under the rules adopted
by the South Dakota Board of Education pursuant to § 13-39-38.
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.