2018 Session Laws

CHAPTER 9

(SB 18)

The South Dakota Board of Technical Education, revised.


        ENTITLED, An Act to revise certain provisions regarding the South Dakota Board of Technical Education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-16A-95 be amended to read:

    1-16A-95. The issuance of any additional bonds, notes, or other obligations of the authority which that 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 Technical Education under the authority of chapter 13-39A shall be approved by the Legislature before issuance. The South Dakota Board of Technical Education board shall approve the issuance of additional bonds, notes, or other obligations prior to issuance. The Legislature in accordance with §§ 1-16A-93 and 1-16A-94 and applicable administrative rules shall consider the Department of Education's board's analysis prior to authorizing any additional bonds, notes, or other obligations. The requirement, however, for approval by the Legislature before issuance does not apply to the issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other obligations.

    Section 2. That § 13-1-62 be amended to read:

    13-1-62. The Board of Regents and the South Dakota Board of Technical Education Standards shall each compile the information received pursuant to §§ 13-1-60 and 13-1-61 and provide it the information to the Executive Board of the Legislative Research Council no later than November fifteenth of each year.

    Section 3. That § 13-55-9.4 be amended to read:

    13-55-9.4. Any person desiring to avail himself of applying for the benefits of provided by § 13-55-9.2 shall make submit an application to the Board of Regents or the South Dakota Board of Technical Education Standards therefor, and it shall be the duty of the. The respective boards to board receiving the application shall determine whether such the person so applying is entitled to the benefits of provided by § 13-55-9.2, at institutions under their an institution under the board's respective jurisdiction or control, and to that end the boards are authorized and empowered to. Each board may promulgate rules and regulations not inconsistent therewith in order to accomplish the purposes of §§ 13-55-9.1 to 13-55-9.7, inclusive, pursuant to chapter 1-26, to establish the application process and the process to determine an applicant's eligibility for the benefits.

    Section 4. That § 13-48-40 be amended to read:


    13-48-40. The Office of Attorney General, Division of Consumer Protection, shall review and act on complaints any complaint, as such the term is defined by § 13-48-34, concerning postsecondary institutions providing educational programs at physical locations in the state, including, as necessary, requiring a postsecondary institution to cease its operations in the state. If a complaint relates to a postsecondary institution controlled by the Board of Regents, the attorney general shall refer the matter to the Board of Regents. If a complaint relates to a postsecondary institution with oversight by the South Dakota Board of Technical Education, the attorney general shall refer the matter to the South Dakota Board of Technical Education. In all other cases, the attorney general shall refer the complaint to the institution and provide the institution with no less than thirty days to respond to the matters set forth in the complaint, including an opportunity to demonstrate any actions it the institution has taken or plans to take in response to the complaint, and to consider whether the complainant has exhausted all available administrative remedies within the institutions's policies and procedures. In administering the requirements of this section, the attorney general may refer a complaint to an institution's accrediting agency for review and investigation, with the accrediting agency providing a report of its the agency's investigation to the attorney general for further disposition. In enforcing this chapter, the attorney general has all the enforcement powers, authorities, and remedies provided by chapter 37-24.

     Signed February 5, 2018
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