An Act to require the board of a school district to hold a bond election at the primary or general election.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 13-16-6.4 be AMENDED:

13-16-6.4. Approval to enter into an agreement or issue capital outlay certificates to which § 13-16-6.3 applies pursuant to § 13-16-6.3, is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days thereafter, to have the question of approval or disapproval of to enter into the agreement or issue of capital outlay certificates or the lease‑purchase agreement placed upon the ballot at the next regular primary or general at an election or at a special election called for that purpose. In even-numbered years, the election must be held in conjunction with the regular primary or general election. In odd-numbered years, the question must be placed upon the ballot at a special election called for that purpose and held on:

(1) The first Tuesday after the first Monday in June; or

(2) The first Tuesday after the first Monday in November.

When the election is held in conjunction with the primary or general election, the expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the board of the school district and the boards of county commissioners involved.

The business manager shall give notice of the fact that the question will is to be on the ballot at a the regular or special the primary or general 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 sixty percent of those voting thereon. Approval of the question to enter into an agreement or issue capital outlay certificates requires an affirmative vote of at least sixty percent of those voting on the question.

If the question is submitted to the voters at a primary an election and is not approved by the voters, the school board may, by resolution, place the question on the ballot at the next general available election provided by this section, immediately following the primary election.