South Dakota 2023 Regular Session

South Dakota Senate Bill SB96

Introduced
1/24/23  

Caption

Provide for the recall of school board members.

Impact

If enacted, SB96 would amend existing laws and introduce new regulations regarding the governance of local school boards. This bill would grant voters in each school district the ability to remove ineffective or misconducting board members through a democratic process. Proponents argue that this will enhance accountability and transparency in school governance, allowing parents and residents more control over their educational institutions. The bill likely aims to mitigate dissatisfaction with school board decisions by providing a direct channel for voters to express their discontent.

Summary

Senate Bill 96, introduced by Senator Pischke, seeks to establish a formal process for the recall of school board members within the state of South Dakota. The proposed legislation outlines specific grounds for which a board member may be recalled, including misconduct, malfeasance, nonfeasance, and various forms of corruption and incompetency. To initiate a recall, voters must file a petition containing the required number of signatures—at least fifteen percent of the registered voters in the district—within a specified timeframe preceding the actual election. This aims to empower constituents to hold board members accountable for their actions while in office.

Contention

There are potential points of contention surrounding SB96, particularly regarding the grounds for recall and the petition process itself. Opponents may raise concerns about the subjective nature of the grounds for recall, which some might view as politically motivated or susceptible to misuse. Critics could argue that enabling recalls for perceived misconduct could lead to politically charged recalls driven by public opinion rather than actual governance issues. Furthermore, the requirement of a specific percentage of signatures for a recall petitions may also be contested, as some stakeholders may consider it too stringent and possibly disenfranchising to voters.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1182

Provide for the recall of a member of a board of a school district.

SD HB1359

SCHOOL BOARD MEMBER RECALL

SD HB1087

Authorize the recall of county commissioners.

SD SB508

Establishes a procedure for school board recall elections

SD HB4262

Relating to the recall of members of school district boards of trustees.

SD HB179

Relating to the recall of members of school district boards of trustees.

SD HB1327

Relating to the recall of members of school district boards of trustees.

SD HB1281

County Boards of Education - Elected Members - Recall Procedures

SD HB2635

SCHOOL BOARD MEMBER RECALL

SD SB98

School district boards of education; providing for removal of member by recall petition. Effective date. Emergency.

Similar Bills

No similar bills found.