SB 213

 26.273.30  101st Legislative Session  213
                                       2026 South Dakota Legislature
                                                Senate Bill 213
 Introduced by: Senator Larson
1 An Act to create the building opportunity through out-of-school time program and
2the building opportunity through out-of-school time program fund, authorize
3a new fee, make an appropriation therefor, and transfer moneys to the
4building opportunity through out-of-school time program fund.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
6 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 13:
7Terms used in this chapter mean:
8     (1)      "Department," the Department of Education;
9     (2)      "Eligible provider," a school district or an organization that:
10(a)    Qualifies under 26 U.S.C. § 501(c)(3) and provides out-of-school time
11programming to students, is affiliated and is in good standing with a
12nationally recognized nonprofit, and provides facility-based out-of-school
13time programming designed for recreational, educational, or character-
14building purposes; or
15(b)    Qualifies under 26 U.S.C. § 501(c)(4) and serves any organization providing
16out-of-school time programming, pursuant to subsection (a), is affiliated
17and is in good standing with a nationally recognized nonprofit, and provides
18facility-based out-of-school time programming designed for recreational,
19educational, or character-building purposes;
20     (3)      "Out-of-school time programming," a structured program or activities using
21evidence-based or evidence-informed practices provided to students before school,
22after school, or during the summer, which is designed to:
23(a)    Improve academic, or career-readiness competencies;
24(b)    Reduce negative behaviors, including violence and crime, nicotine use,
25alcohol or substance abuse, disengagement from school, school suspension,
26truancy, or other health-compromising behaviors;
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1(c)    Provide a safe out-of-school-time environment; or
2(d)    Engage in career exploration or formal or informal work-based learning;
3and
4    (4)      "Student," a child attending a public or nonpublic elementary school, or secondary
5school, at which the compulsory attendance requirements of the state may be met.
6 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 13:
7There is created in the state treasury the building opportunity through out-of-
8    school time program fund. The fund consists of all moneys designated for deposit into the
9    fund, pursuant to sections 7 and 8 of this Act.
10The department shall administer the fund. The purpose of the fund is to provide
11    moneys for the building opportunity through out-of-school time grant program within the
12    department to expand out-of-school time programming opportunities for students, as
13    provided in this chapter.
14Interest on moneys credited to the fund must remain in the fund. The building
15    opportunity through out-of-school time program fund is continuously appropriated to the
16    department. The department may spend up to five percent of the moneys deposited in
17    the fund for costs incurred in administering the grants.
18 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 13:
19The department shall:
20    (1)      Perform all functions necessary to carry out the program, including the monitoring
21of grantees;
22    (2)      Publish the application process, the criteria by which an application is assessed,
23and the uses of the grants awarded on the department's publicly accessible internet
24website; and
25    (3)      Annually publish the program grant awards by grantee on the department's publicly
26accessible website.
27The department shall annually provide grants in accordance with this chapter on
28    the basis of applications received during the period beginning August first and ending
29    September thirtieth, of each year.
30The department shall promulgate rules, pursuant to chapter 1-26, to establish the
31    criteria used to determine the eligibility of a provider for funding, the process by which
32    eligible providers may apply for program grants, the criteria used to make program grant
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1    award determinations, and the guidelines and standards necessary to implement this
2    chapter.
3 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 13:
4A program grant award may not exceed a grantee's total cost of operating the out-
5    of-school time program.
6The department shall give priority to eligible providers that:
7    (1)      Demonstrate a commitment to serve and increase access for under-served
8students;
9    (2)      Develop and maintain community coordination and partnerships;
10    (3)      Engage      prospective   student   participants   and   other   stakeholders  in      the
11development and implementation of out-of-school time programming; and
12    (4)      Supplement, not supplant, existing funding sources.
13The department shall ensure that program grant funding is geographically
14    dispersed to eligible providers throughout the state.
15 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 13:
16The recipient of a grant from the building opportunity through out-of-school time
17    program fund may use the grant for:
18    (1)      The employment of individuals to provide out-of-school time programming;
19    (2)      The purchase of materials and supplies necessary to provide out-of-school time
20programming; and
21    (3)      Transportation between the student's home and the location where the out-of-
22school time programming in which the student participates is provided.
23 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 13:
24The recipient of a grant from the building opportunity through out-of-school time
25    program fund shall:
26    (1)      Maintain a separate account in its budget to facilitate monitoring and auditing of
27the use of the program grant moneys; and
28    (2)      Perform all other duties pursuant to applicable regulations and standards.
29A grantee may use no more than ten percent of the grant for administrative costs
30    associated with the implementation of the program grant.
31 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 13:
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1No later than January 15, 2028, and January fifteenth of each year thereafter, the
2    department shall submit a report to the Joint Committee on Appropriations and the
3    education committees of the House of Representatives and the Senate, respectively,
4    summarizing the operation of the program for the immediately preceding fiscal year. The
5    report must include:
6    (1)      The amount of program grant moneys paid to eligible providers;
7    (2)      A listing by school district of each eligible provider submitting a program grant
8application; and
9    (3)      A listing by school district of each eligible provider that received program funding,
10including;:
11(a)    The name of the grantee's program;
12(b)    The address for the grantee's program;
13(c)    The amount awarded to the grantee;
14(d)    The number of students served by the grantee's program by grade level;
15(e)    The use of the program grant moneys by the grantee's program;
16(f)    A financial summary indicating the program grantee’s total expenditures on
17the out-of-school time programming supported by a program grant and
18indicating, as components of those expenditures, the total revenues
19received from the state under the program and the total revenues received
20from families with students enrolled in the program; and
21(g)    The enrollment goals for the grantee's program as set forth in the program
22grant application.
23 Section 8. That § 47-34A-212 be AMENDED:
2447-34A-212. The secretary of state shall charge and collect for:
25    (a)      Filing the articles of organization in the case of a domestic limited liability company,
26a filing fee of one hundred fifty dollars. Filing the articles of organization in the case
27of a foreign limited liability company, a filing fee of seven hundred fifty dollars;
28    (b)      A reporting fee of fifty-five ninety dollars, due and payable with the filing of each
29annual report. Each entity that does not file or refuses to file its annual report
30within the time prescribed is subject to a penalty of fifty-five ninety dollars to be
31assessed by the secretary of state;
32    (c)      Filing the articles of organization in the case of a domestic limited liability company,
33where the articles of organization contain a notice that the limited liability company
34is authorized to establish one or more series, a filing fee of two hundred dollars.
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1Filing an application for a certificate of authority in the case of a foreign limited
2liability company authorized to establish a series under the laws of another state
3or jurisdiction, or series of such limited liability company on its own behalf, a filing
4fee of eight hundred dollars.
5The secretary of state shall forward to the state treasurer thirty-five dollars of the
6    annual reporting fee paid to the secretary of state and thirty-five dollars of any late fee
7    assessed by the secretary of state, pursuant to subdivision (b), for deposit in the building
8    opportunity through out-of-school time program fund, created pursuant to section 2 of
9    this Act.
10 Section 9. The state treasurer shall transfer $2,500,000 from the general fund to the building
11 opportunity through out-of-school time program fund created in section 2 of this Act.
12 Section 10. The secretary of the Department of Education shall approve vouchers and the
13 state auditor shall draw warrants to pay expenditures authorized by this Act.
14 Section 11. This Act is effective beginning June 30, 2026.
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