State of South Dakota  
EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,  2007
 

475N0038  
HOUSE BILL   NO.     1002  

Introduced by:     Representatives Rave, Bradford, Buckingham, Hanks, Heineman, Hills, Rhoden, Thompson, and Weems and Senators Knudson, Garnos, Hundstad, and Kloucek at the request of the Interim Committee on Board of Regents Agency Review  


         FOR AN ACT ENTITLED, An Act to  revise the style and form of certain provisions relating to the Board of Regents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 13-49-1 be amended to read as follows:
     13-49-1.   The control of the public postsecondary educational institutions of the state offering college credit which are sustained wholly or in part by the state shall be is vested in a board of nine members, designated as the Board of Regents. The members shall be appointed by the Governor , by and shall appoint the members with the consent of the Senate.
     Section  2.  That § 13-49-2 be amended to read as follows:
     13-49-2.   The regents Each regent who are is a regular members member shall be persons a person of probity and wisdom and selected from among the best known citizens, who are residents of different portions of the state , no two of whom . No two regents may be residents in the same county and not more than six shall may be members of the same political party. One regent shall be the student regent as provided in § 13-49-6.1. A regent's residence is determined

by where the regent is registered to vote.
     Section  3.  That § 13-49-3 be amended to read as follows:
     13-49-3.   Each regent, except the student regent, shall be appointed for a term of six years and said . The term shall expire on the last day of March or when a successor is appointed and qualified, unless removed as provided in § 3-17-1.
     Section  4.  That § 13-49-4 be amended to read as follows:
     13-49-4.   If a vacancy occurs as provided in § 3-4-1, the Governor shall fill such the vacancy by appointment , and such the appointee shall serve for the balance of the unexpired term , unless . However, if the Senate , at the next legislative session , fails to confirm such the appointee and if such an event occurs, such , the appointee shall only serve until the last day of March and then . Then a new appointee shall be named by the Governor and such . The subsequent appointee shall be is subject to the same conditions as set forth in this section.
     Section  5.  That § 13-49-6 be amended to read as follows:
     13-49-6.   Before entering upon the duties of his the office , each regent shall take and subscribe an oath or affirmation to support the Constitutions of the United States and of this state, and faithfully to discharge the duties of his the office, which oath or affirmation shall be filed with the secretary of state.
     Section  6.  That § 13-49-6.1 be amended to read as follows:
     13-49-6.1.   The Governor shall appoint a student regent, by and with the consent of the Senate, who shall participate in all board meetings , open and closed , and be compensated in the same manner as board members. The student regent shall be a student of one of the public postsecondary educational institutions under the control of the board. The student regent shall be appointed for a term of two years which term shall expire on the first day of July of every even-numbered year, unless removed under the provisions of § 3-17-1 or if unless such student

does not remain enrolled in a postsecondary institution controlled by the board. The student regent shall be is a formal member of the board and shall may vote.
     Section  7.  That § 13-49-6.2 be repealed.
     13-49-6.2.   The Governor shall appoint a student regent upon the occurrence of the first vacancy on the Board of Regents after July 1, 1988, with the term to be governed by § 13-49- 6.1. A nonvoting student may be appointed by the Governor until a vacancy occurs on the Board of Regents, and a voting student is appointed pursuant to § 13-49-6.2.
     Section  8.  That § 13-49-7 be amended to read as follows:
     13-49-7.   Meetings may be held on the call of the president or by joint request of a majority of the members, due and reasonable notice always being given.

     The affirmative vote of a majority of the members of the Board of Regents shall be is required to take official action. The Board of Regents shall record their the minutes which shall be of any meeting open to the public. All such meetings of the Board of Regents shall be open to the public except when unless personnel matters and privileged matters between the board and its attorney are being discussed and when . If such meetings are held , the board shall limit the topics discussed or acted upon to such matters only.
     Section  9.  That § 13-49-9 be amended to read as follows:
     13-49-9.   At the annual meeting of the board , there shall be elected from among the members thereof a president, whose term of office shall be for one year.
     Section  10.  That § 13-49-10 be amended to read as follows:
     13-49-10.   The Board of Regents shall appoint an executive director, who shall be a full-time employee of the board. He The executive director shall have a graduate degree from a recognized college or university and shall by training and experience be familiar with the operations and problems of institutions of higher education. The executive director shall carry

out the directives of the Board of Regents and shall be under the board's general jurisdiction and supervision.
     Section  11.  That § 13-49-12 be amended to read as follows:
     13-49-12.   Any regent is authorized to may administer oaths and examine witnesses whenever if necessary in the performance of the duties of the board.
     Section  12.  That § 13-49-13 be amended to read as follows:
     13-49-13.   Except as Unless otherwise expressly provided in this code statute , the Board of Regents shall have power to govern and regulate each institution under its control in such manner as it shall deem deems best calculated to promote the purpose for which the same institution is maintained, and shall have charge and supervision of all buildings and property connected therewith, and the construction of all buildings for the same which have been or may hereafter be authorized by law institution .
     Section  13.  That § 13-49-14 be amended to read as follows:
     13-49-14.   The Board of Regents is authorized to may employ and dismiss all officers, instructors, and employees of such institutions, necessary to the proper management thereof, to determine their number, qualifications, and duties, fix the term of their employment, and rate and manner of their compensation, provide for a sabbatical leave on part pay, and provide for a retirement program ; provided, that . However, no person shall may be employed or dismissed by reason of any sectarian or political opinions held.
     Section  14.  That § 13-49-14.1 be amended to read as follows:
     13-49-14.1.   No instructor, teacher, or other employee of any institution under the jurisdiction of the Board of Regents shall lose his is subject to loss of job or status on the job for becoming a candidate for any public office if it does not entail . However, the provisions of this section do not apply if the candidacy or public office entails neglect of duty.


     Section  15.  That § 13-49-15 be amended to read as follows:
     13-49-15.   The Board of Regents shall have power to may make contracts for service, the erection of buildings, the purchase of all lands, materials, and supplies needed, except unless such supplies as are under the supervision of the Bureau of Administration.
     In the carrying out of such contracts, the board shall have power to may expend money, to exact and collect penalties, and to purchase or sell property within the limitations of the state and national laws statute .
     Section  16.  That § 13-49-18 be amended to read as follows:
     13-49-18.   The board may bring suit in any proper court in its own name to enforce any contract made by it, and any suit relating to the property referred to in §§ 13-49-15 and 13-49- 16, or to the care, custody, control, management, or improvements thereof , and it shall be the duty of the . The attorney general to shall prosecute any such suit upon request of the board.
     Any money moneys collected upon any judgment obtained under the provisions of this section shall be paid into the treasury for the benefit of the educational institutions and credited to the proper fund or funds .
     Section  17.  That § 13-49-20.8 be amended to read as follows:
     13-49-20.8.   If the state treasurer determines that the recipient of a veterinary medicine tuition award authorized by this chapter has violated the provisions of the contract, the recipient shall repay the amount of the tuition awards and pay such damages as may be determined by any circuit court in this state in which a civil action may be brought by the state treasurer. If the recipient is required to repay tuition awards and interest, he the recipient shall do so no later than five years after the state treasurer has determined a violation of the agreement has occurred.
     Section  18.  That § 13-49-20.9 be amended to read as follows:
     13-49-20.9.   The state treasurer may forgive or defer all or part of the repayment required in

this chapter if he the state treasurer determines that special circumstances exist due to the death or disability of the student or due to an extreme hardship which renders the student unable to complete his the student's veterinary education or fulfill his the student's service obligation.