FOR AN ACT ENTITLED, An Act to prohibit the expenditure of certain public school resources for political purposes and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That the code be amended by adding a NEW SECTION to read:

    No public school resources, including personnel time, supplies, or written electronic communication systems may be used to advocate for an outcome of any partisan election or any vote of the Legislature. Any person who violates this section shall be assessed a civil penalty by the court in the amount of two hundred fifty dollars at the time of judgment. A fine for each violation may be levied against either the school where the violation occurred or against the LEA, as defined in § 13-39-1.2. The civil penalty shall be deposited in the state general fund.
    Section 2. That the code be amended by adding a NEW SECTION to read:

    A taxpayer residing in the school district where the violation occurred may bring an action in circuit court to recover funds misused under section 1 of this Act. A plaintiff may be reimbursed pursuant to § 15-17-45 for expenses, including attorney's fees.

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100 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.161 per page.

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Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by overstrikes.

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