ENTITLED An Act to rename the postsecondary technical institutes as technical colleges.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 13-39A-1 be AMENDED:
13-39A-1. Definitions.
Terms used in this chapter, mean:
(1) "Board," the South Dakota Board of Technical Education;
(2) "Department," the Department of Education;
(3) "Executive director," the executive director of the board;
(4) "Facilities," buildings, rooms, property, and permanent equipment, including vehicles, used to provide technical education;
(5) "LEA," a local education agency limited to public school districts, the legal entities that a school district is authorized to establish or a distinct separate LEA established pursuant to 13-39A-35;
(6) "Technical college," a public nonprofit school legally authorized to provide career and technical Associate of Applied Science degrees and certificates or their successor equivalents and that are funded wholly or in part by the state as referenced in 13-39A-42; and
(7) "Secretary," the secretary of the Department of Education.
Section 2. That 13-39A-2 be AMENDED:
13-39A-2. South Dakota Board of Technical Education--Creation.
There is hereby created the South Dakota Board of Technical Education. The oversight of the technical college system is vested in the board. The board shall consist of nine members. Four members shall be selected by the Governor from persons recommended by each of the technical colleges. Each of the four technical colleges shall submit to the Governor a list of not fewer than four persons, from which the Governor shall select one person. Each list shall be submitted no fewer than thirty days before the appointment is to be made. The Governor may reject the entire list and require a technical college to submit a new list. The Governor shall appoint the remaining board members to represent different geographic regions of the state and to reflect the industries that rely upon the technical colleges to provide a skilled workforce. All members shall be appointed with the advice and consent of the Senate.
Section 3. That 13-39A-9 be AMENDED:
13-39A-9. Board members--No technical college employees.
No employee of a technical college may be a member of the board.
Section 4. That 13-39A-11 be AMENDED:
13-39A-11. Local governing bodies--Retain powers not given to board.
The local governing body of each technical college shall retain all powers not expressly given to the board.
Section 5. That 13-39A-12 be AMENDED:
13-39A-12. Tuition and fees.
The board shall approve rates of tuition and state fees for the technical colleges. Tuition and fees may vary by course and college.
Section 6. That 13-39A-13 be AMENDED:
13-39A-13. Annual state funding requests.
The board shall review and approve recommendations for annual state funding requests for the technical colleges and make recommendations to the Governor and the Legislature.
Section 7. That 13-39A-14 be AMENDED:
13-39A-14. Management policies, goals, and objectives.
The board shall, with the input of the local governing boards of each of the technical colleges, provide overall policies, goals, and objectives for the management of the technical college system to ensure that the needs of the public, business, and industry are met to the highest possible degree and in the most cost-effective and efficient manner.
Section 8. That 13-39A-15 be AMENDED:
13-39A-15. New construction or major renovation of facilities.
Except as otherwise provided in 1-16A-95, the board shall consider and act upon technical college requests for new construction or major renovation of facilities also subject to the provisions of 1-16A-95. However, the absence of any action does not prevent the Legislature from approving such plans pursuant to 1-16A-95.
Section 9. That 13-39A-16 be AMENDED:
13-39A-16. Additional duties of board.
The board shall consider and act upon the following:
(1) Recommendations regarding legislation proposed for technical education;
(2) All actions required by law to be taken by the board;
(3) Establishment of committees related to the statewide mission of the technical college system; and
(4) New degree or certificate granting or awarding programs at any technical college.
Section 10. That 13-39A-18 be AMENDED:
13-39A-18. Promulgation of rules.
The board may promulgate rules, pursuant to chapter 1-26, to provide oversight for the operation and maintenance of the technical college system that affords people of the state, insofar as practicable, an equal opportunity to acquire a public technical education. The rules may provide for the following:
(1) Program requirements for degrees and certificate awards;
(2) Apportionment and distribution of funds made available to the board for carrying out the purposes of this chapter;
(3) General administrative matters;
(4) The submission to the board of the annual budget by each technical college. The board shall determine the contents of the annual budget and shall provide that failure to comply with the rules may result in withholding of payments from federal and state funds;
(5) The submission of plans of LEAs for new construction or major renovation of facilities eligible for reimbursement. The rules regarding these plans shall include a requirement that the LEA, by a written resolution, declare the LEA committed to begin construction if the budget of the board provides the matching funds;
(6) The promotion and coordination of career and technical education consistent with the purpose set forth in 13-39A-42; and
(7) The prevention of unwarranted duplication of programs.
Section 11. That 13-39A-19 be AMENDED:
13-39A-19. Successor to Board of Education Standards on agreements.
The board shall be the lawful successor to the Board of Education Standards with respect to all rights, privileges, obligations and duties of the Board of Education Standards under and with respect to:
(1) The lease purchase agreement dated as of August 1, 1988, between the health and educational facilities authority and the Board of Education Standards, as heretofore amended or supplemented;
(2) The four sublease agreements dated as of August 1, 1988, between the Board of Education Standards and, respectively, Mitchell School District 17-2, Rapid City Area School District No. 51-4, Sioux Falls School District 49-5, and Watertown School District No. 14-4, each as heretofore amended or supplemented;
(3) The first supplement to general pledge and escrow agreement between the treasurer, the Board of Education Standards, the health and educational facilities authority and the First National Bank in Sioux Falls, dated as of August 1, 1988, as amended and supplemented;
(4) The fourth supplement to facility fee tuition collection and deposit agreement dated June 1, 1999, among the treasurer, the Board of Education Standards, the First National Bank in Sioux Falls and the school districts specified in subsection (2) or their successors, as the agreement has been heretofore amended or supplemented from time to time; and
(5) All other agreements related to the foregoing and with respect to career and technical education program revenue bonds issued from time to time by the health and educational facilities authority to finance property used by LEAs for any technical college.
The board shall succeed to and assume all the obligations of the Board of Education Standards with respect to all the agreements and is bound by all of the obligations and covenants of the Board of Education Standards in connection therewith, which obligations and covenants are ratified and confirmed.
Section 12. That 13-39A-20 be AMENDED:
13-39A-20. Performance of agreements.
The board may enter into and perform the agreements described in 13-39A-19. All bonds, notes or other evidences of indebtedness issued by the South Dakota Health and Educational Facilities Authority to finance facilities for use as technical college facilities and outstanding on July 1, 2017 are unaffected by the transfer of functions from the Board of Education Standards to the board. No contract with respect to the bonds is impaired by chapter 81 of the 2017 Session Laws.
Section 13. That 13-39A-21 be AMENDED:
13-39A-21. Apportionment and distribution of funds to LEAs.
The secretary shall apportion and distribute funds made available for technical colleges through a formula approved by the board to the LEAs having jurisdiction over technical colleges to assist in maintaining and operating those schools. The use of the funds is subject to rules promulgated by the board pursuant to 13-39A-18 and in accordance with the approved state plan for career and technical education. However, the formula approved by the board may not reduce or increase the apportionment and distribution to any technical college as a result of any municipal, county, or LEA financial support.
Section 14. That 13-39A-22 be AMENDED:
13-39A-22. Distribution of funds to technical colleges.
The department shall distribute funds to the technical colleges under the provisions of 13-39A-21 from money appropriated to the department for that purpose, and from federal funds allotted to the State of South Dakota for that purpose.
Section 15. That 13-39A-23 be AMENDED:
13-39A-23. Separate accounting and funds by LEAs.
Any LEA operating a technical college shall keep separate the accounting and funds for the operation of the technical college programs. The LEA shall deposit receipts, student fees, and income from state and federal sources, as well as any other receipts incidental to the operation of the technical college, in any fund created pursuant to this chapter.
Section 16. That 13-39A-27 be AMENDED: