create the building opportunity through out-of-school time program and the building opportunity through out-of-school time program fund, authorize a new fee, make an appropriation therefor, and transfer moneys to the building opportunity through out-of-school time program fund.

26.273.30 101st Legislative Session 213

2026 South Dakota Legislature
Senate Bill 213

Introduced by: Senator Larson

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An Act to create the building opportunity through out -of-school time program and 1
the building opportunity through out-of-school time program fund, authorize 2
a new fee, make an appropriation therefor, and transfer moneys to the 3
building opportunity through out-of-school time program fund. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 5
Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 13: 6
Terms used in this chapter mean: 7
(1) "Department," the Department of Education; 8
(2) "Eligible provider," a school district or an organization that: 9
(a) Qualifies under 26 U.S.C. § 501(c)(3) and provides out -of-school time 10
programming to students, is affiliated and is in good standing with a 11
nationally recognized nonprofit, and provides facility -based out -of-school 12
time programming designed for recreational, educational, or character -13
building purposes; or 14
(b) Qualifies under 26 U.S.C. § 501(c)(4) and serves any organization providing 15
out-of-school time programming, pursuant to subsection (a), is affiliated 16
and is in good standing with a nationally recognized nonprofit, and provides 17
facility-based out -of-school time programming designed for recreational, 18
educational, or character-building purposes; 19
(3) "Out-of-school time programming," a structured program or activities using 20
evidence-based or evidence-informed practices provided to students before school, 21
after school, or during the summer, which is designed to: 22
(a) Improve academic, or career-readiness competencies; 23
(b) Reduce negative behaviors, including violence and crime, nicotine use, 24
alcohol or substance abuse, disengagement from school, school suspension, 25
truancy, or other health-compromising behaviors; 26
26.273.30 2 213
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(c) Provide a safe out-of-school-time environment; or 1
(d) Engage in career exploration or formal or informal work -based learning; 2
and 3
(4) "Student," a child attending a public or nonpublic elementary school, or secondary 4
school, at which the compulsory attendance requirements of the state may be met. 5
Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 13: 6
There is created in the state treasury the building opportunity through out -of-7
school time program fund. The fund consists of all moneys designated for deposit into the 8
fund, pursuant to sections 7 and 8 of this Act. 9
The department shall administer the fund. The purpose of the fund is to provide 10
moneys for the building opportunity through out-of-school time grant program within the 11
department to expand out -of-school time programming opportunities for students, as 12
provided in this chapter. 13
Interest on moneys credited to the fund must remain in the fund. The building 14
opportunity through out-of-school time program fund is continuously appropriated to the 15
department. The department may spend up to five percent of the moneys deposited in 16
the fund for costs incurred in administering the grants. 17
Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 13: 18
The department shall: 19
(1) Perform all functions necessary to carry out the program, including the monitoring 20
of grantees; 21
(2) Publish the application process, the criteria by which an application is assessed, 22
and the uses of the grants awarded on the department's publicly accessible internet 23
website; and 24
(3) Annually publish the program grant awards by grantee on the department's publicly 25
accessible website. 26
The department shall annually provide grants in accordance with this chapter on 27
the basis of applications received during the period beginning August first and ending 28
September thirtieth, of each year. 29
The department shall promulgate rules, pursuant to chapter 1-26, to establish the 30
criteria used to determine the eligibility of a provider for funding, the process by which 31
eligible providers may apply for program grants, the criteria used to make program grant 32
26.273.30 3 213
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award determinations, and the guidelines and standards necessary to implement this 1
chapter. 2
Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 13: 3
A program grant award may not exceed a grantee's total cost of operating the out-4
of-school time program. 5
The department shall give priority to eligible providers that: 6
(1) Demonstrate a commitment to serve and increase access for under -served 7
students; 8
(2) Develop and maintain community coordination and partnerships; 9
(3) Engage prospective student participants and other stakeholders in the 10
development and implementation of out-of-school time programming; and 11
(4) Supplement, not supplant, existing funding sources. 12
The department shall ensure that program grant funding is geographically 13
dispersed to eligible providers throughout the state. 14
Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 13: 15
The recipient of a grant from the building opportunity through out -of-school time 16
program fund may use the grant for: 17
(1) The employment of individuals to provide out-of-school time programming; 18
(2) The purchase of materials and supplies necessary to provide out -of-school time 19
programming; and 20
(3) Transportation between the student's home and the location where the out -of-21
school time programming in which the student participates is provided. 22
Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 13: 23
The recipient of a grant from the building opportunity through out -of-school time 24
program fund shall: 25
(1) Maintain a separate account in its budget to facilitate monitoring and auditing of 26
the use of the program grant moneys; and 27
(2) Perform all other duties pursuant to applicable regulations and standards. 28
A grantee may use no more than ten percent of the grant for administrative costs 29
associated with the implementation of the program grant. 30
Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 13: 31
26.273.30 4 213
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No later than January 15, 2028, and January fifteenth of each year thereafter, the 1
department shall submit a report to the Joint Committee on Appropriations and the 2
education committees of the House of Representatives and the Senate, respectively, 3
summarizing the operation of the program for the immediately preceding fiscal year. The 4
report must include: 5
(1) The amount of program grant moneys paid to eligible providers; 6
(2) A listing by school district of each eligible provider submitting a program grant 7
application; and 8
(3) A listing by school district of each eligible provider that received program funding, 9
including;: 10
(a) The name of the grantee's program; 11
(b) The address for the grantee's program; 12
(c) The amount awarded to the grantee; 13
(d) The number of students served by the grantee's program by grade level; 14
(e) The use of the program grant moneys by the grantee's program; 15
(f) A financial summary indicating the program grantee’s total expenditures on 16
the out -of-school time programming supported by a program grant and 17
indicating, as components of those expenditures, the total revenues 18
received from the state under the program and the total revenues received 19
from families with students enrolled in the program; and 20
(g) The enrollment goals for the grantee's program as set forth in the program 21
grant application. 22
Section 8. That § 47-34A-212 be AMENDED: 23
47-34A-212. The secretary of state shall charge and collect for: 24
(a) Filing the articles of organization in the case of a domestic limited liability company, 25
a filing fee of one hundred fifty dollars. Filing the articles of organization in the case 26
of a foreign limited liability company, a filing fee of seven hundred fifty dollars; 27
(b) A reporting fee of fifty-five ninety dollars, due and payable with the filing of each 28
annual report. Each entity that does not file or refuses to file its annual report 29
within the time prescribed is subject to a penalty of fifty-five ninety dollars to be 30
assessed by the secretary of state; 31
(c) Filing the articles of organization in the case of a domestic limited liability company, 32
where the articles of organization contain a notice that the limited liability company 33
is authorized to establish one or more series, a filing fee of two hundred dollars. 34
26.273.30 5 213
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Filing an application for a certificate of authority in the case of a foreign limited 1
liability company authorized to establish a series under the laws of another state 2
or jurisdiction, or series of such limited liability company on its own behalf, a filing 3
fee of eight hundred dollars. 4
The secretary of state shall forward to the state treasurer thirty-five dollars of the 5
annual reporting fee paid to the secretary of state and thirty -five dollars of any late fee 6
assessed by the secretary of state, pursuant to subdivision (b), for deposit in the building 7
opportunity through out -of-school time program fund, created pursuant to section 2 of 8
this Act. 9
Section 9. The state treasurer shall transfer $2,500,000 from the general fund to the building 10
opportunity through out-of-school time program fund created in section 2 of this Act. 11
Section 10. The secretary of the Department of Education shall approve vouchers and the 12
state auditor shall draw warrants to pay expenditures authorized by this Act. 13
Section 11. This Act is effective beginning June 30, 2026. 14