CHAPTER 122

(HB 1003)

School districts consolidation plan to include excess tax levy.

         ENTITLED, An Act to  allow two or more school districts to include a proposed excess tax levy in their consolidation plan.

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

     Section  1.  That § 13-6-13 be amended to read as follows:

     13-6-13.   The plan shall contain:

             (1)      A map or maps showing the boundaries of the proposed district or districts, the boundaries of the existing districts involved, the location of existing and proposed attendance centers and a description of the facilities, and the proposed school bus routes, if any;

             (2)      A legal description of the boundaries of the proposed district or districts;

             (3)      Estimates of the school age population within the proposed district or districts;

             (4)      The assessed valuation of all taxable property of each existing district and of the proposed district or districts;

             (5)      Outstanding general obligation bonds of any component district, funds in all school accounts and estimated receipts in all accounts in process of collection;

             (6)      If a joint district, the designation of the county of jurisdiction;

             (7)      The official name of the proposed district;

             (8)      A statement with regard to a proposed method of adjustment of assets and liabilities;

             (9)      The proposed number of school board members if a new entity is to be created;

             (10)      A description of the proposed educational program;

             (11)      A reasonably detailed budget showing estimated annual receipts and expenditures for the operation of the proposed district or districts;

             (12)      A statement recognizing any requests for minor boundary changes;

             (13)      Such additional information as may be necessary to show compliance with the standards for school districts as adopted by the South Dakota Board of Education.

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     When If the plan proposes the dissolution and annexation of a school district to one or more school districts, the school board of the receiving district, or districts, shall by resolution express their acceptance or rejection of all or part of the district to be dissolved as set forth in the proposed plan.

     If the school boards of two or more school districts are developing a plan to consolidate, and two-thirds of the members of each affected school board agree, the plan may also include the provisions of an excess tax levy authorized in §  10-12-43 if an excess tax levy currently exists in one or more of the school districts. If the plan is approved by the voters, the proposed excess tax levy may be applied in the new consolidated school district. If a proposed excess tax levy is included in the plan, the plan shall state the amount of the proposed excess tax levy. The proposed excess tax levy may be applied for taxes payable in any of the five years following the date of reorganization. In addition, each school board involved in the development of the plan shall announce the inclusion of the proposed excess tax levy in the plan to the taxpayers in the manner set forth in §  10-12-43.

     Signed February 13, 2004.

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