___________________ moved that HB 1118 be amended as follows:
" Section 1. That § 13-39-34 be amended to read as follows:
13-39-34. Any LEA proposing to operate establish a postsecondary technical institute or establish
an existing postsecondary technical institute as a separate legal entity after July 1, 2015, may petition
the state board pursuant to §§ 13-39-35 to 13-39-36 13-39-35.2, inclusive. The state board may
conduct hearings, investigate school records, and secure other data relating to the proposed
postsecondary technical institute, its geographical location, the demography and economy of the area,
and any other facts relating to the proposed postsecondary technical institute which the state board
may consider appropriate. This section does not apply to a distinct separate LEA established pursuant
to § 13-39-35.3.
Section 2. That § 13-39-35.3 be amended to read as follows:
13-39-35.3. Any postsecondary technical institute, LEA school district LEA or school districts,
or any combination of them that established a postsecondary technical institute before July 1, 2015,
may modify the postsecondary technical institute's governing board, the procedure for selecting the
governing board members and may determine whether file a petition with the state board to establish
the postsecondary technical institute as a distinct separate LEA, which shall be an LEA and a public
body under chapter 1-16A. The state board must approve the petition before the postsecondary
technical institute may operate as a distinct separate LEA. Upon establishment of such a distinct
separate LEA, the school district LEA shall assign to, and the newly established distinct separate
LEA shall expressly assume, all duties and powers and all rights, covenants, and obligations
concerning the postsecondary technical institute, including without limitation 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 thereto. Nothing in this section is intended to prohibit an agreement between the
school district LEA and the distinct separate LEA pursuant to chapter 1-24. The distinct separate
LEA established pursuant to this section is not subject to §§ 13-39-34 to 13-39-35.2, inclusive.
Section 3. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
follows: