STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
June 22, 1973
Dr. Donald Barnhart
State Superintendent: of Public Instruction
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 73-21
Date to initiate a referendum on a capital outlay expenditure.
Dear Dr. Barnhart:
In your request for an opinion you set forth the following information:
Chapter 91, Session Laws 1973 (House Bill 846) amended the statutes relating to the capital outlay fund and Section 2 amended SDCL 13-16 by adding a new section reading as follows:
Any proposed installment purchase contract authorized pursuant to ยง13-16-6 which will obligate the school district for future payments on the principal, the total of which will exceed one and one-half percent: Of the assessed valuation of taxable property within the district, shall not be entered into unless prior thereto the board shall have conducted a public hearing thereon after having given notice by publication at least twice in its official newspaper at least ten days prior to such hearing. Upon such hearing the board may approve such action or may refer the matter to the electors of the district. Approval to enter into such an agreement shall be subject to a referendum if ten percent of the electors as determined by the total number of votes cast for Governor in the district at the last general election, petition, within twenty days thereafter, to have the question of approval or disapproval of the agreement placed upon the ballot at the next regular election or at a special election called for that purpose. The clerk or business manager shall give notice of the fact that such question will be on the ballot at a regular or special election as provided by law for school elections and prepare official ballots therefor according to the provisions of this title relating to elections and the issue shall be decided by a majority of those voting thereon. (Emphasis supplied).
Your specific question is:
What is the specific action taken by the school district board that triggers the start of the twenty day period that petitions must be filed in order to cause a referendum and vote on the proposed agreement?
SDCL 13-8-35 as amended by Chapter 86, Session Laws 1973 (Senate Bill 91) effective July 1, 1973 will read as follows:
Within twenty days after a meeting of the school board, the board shall cause to be published in the designated legal newspaper a full account of the unapproved proceedings of such meeting of the board, giving a detailed statement of all expenditures of money, with the names of persons to whom payment is made, showing the service rendered or goods furnished, a detailed statement of receipts and any balances on hand.
If the published minutes of the previous meeting of the board are modified, amended or corrected by such board subsequent to such publication and prior to approval by the board, such changes shall be reflected in the minutes of the meeting. at which such modifications, amendments or corrections are made. The salaries of teachers and other employees of the school district shall be published separately only once following the date of their employment.
The business manager of the school district shall verify and sign each legal publication submitted to the newspaper and transmit the same for publication within one week from the time such meeting is held.
SDCL 13-16 as amended by Section 2 of Chapter 91, Session Laws 1973 (House Bill 846) provides that under certain conditions the school board will be required to have a hearing prior to entering into an agreement for a capital outlay expenditure which will exceed one and one-half per cent of the assessed valuation and that subsequent to such a hearing the board can in effect take one of three actions:
1. Affirmative action approving entering into an agreement.
2. Affirmative action to refer the matter to the electors.
3. Fail to do 1 or 2 above.
If the Legislature had intended that the twenty day period was to start when the minutes of the board were published, it could have easily done so and in the absence of such a provision, it is my opinion that the answer to your question is that when action is taken under no. 1 above, that such specific affirmative action by the board triggers the start of the twenty day period that petitions must be filed in order too cause a referendum vote on the proposed agreement. I strongly recommend and urge that the Legislature amend the statute at: the next session in order that a specific starting date will be clear and will give the public proper notice of said date.
Respectfully submitted,
Kermit A. Sande
Attorney General
