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South Dakota Governance of Technical Education Institutes, Constitutional Amendment R (2016)

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South Dakota Amendment R
Flag of South Dakota.png
Election date
November 8, 2016
Topic
Education
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

2016 measures
Seal of South Dakota.png
November 8
Constitutional Amendment R Approveda
Constitutional Amendment S Approveda
Constitutional Amendment T Defeatedd
Constitutional Amendment U Defeatedd
Constitutional Amendment V Defeatedd
Referred Law 19 Defeatedd
Referred Law 20 Defeatedd
Initiated Measure 21 Approveda
Initiated Measure 22 Approveda
Initiated Measure 23 Defeatedd
Polls
Voter guides
Campaign finance
Signature costs

The South Dakota Governing Technical Education Institutes Amendment, also known as Constitutional Amendment R, was on the November 8, 2016, ballot in South Dakota as a legislatively referred constitutional amendment. It was approved.

A "yes" vote was a vote in favor of allowing the South Dakota Legislature to determine a separate entity, board or procedure to run technical schools and preventing the South Dakota Board of Regents from running such schools.
A "no" vote was a vote against allowing the Legislature to provide for such separate governance, leaving some ambiguity regarding the entity in charge of technical schools, which were run by local school boards as of 2016.

Election results

Amendment R
ResultVotesPercentage
Approveda Yes 178,209 50.61%
No173,94549.39%
Election results from South Dakota Secretary of State

Initiative design

The measure was designed to empower the South Dakota Legislature to determine who will govern "postsecondary technical education institutes that offer career and technical associate of applied science degrees and certificates or their successor equivalents and that are funded wholly or in part by the state."[1]

Under the proposed amendment, non-technical public higher education institutions "that may be sustained either wholly or in part by the state and that offer academic or professional degrees of associate of arts, associate of sciences, baccalaureate or greater" shall continue to be governed by the South Dakota Board of Regents.

Prior to Amendment R's approval, the state's technical schools were governed by local school boards. The South Dakota Constitution did not contain language describing to whom the technical schools are responsible.[2] Amendment R guaranteed that postsecondary technical education institutes would be independent from the Board of Regents.[3]

Text of measure

Ballot title

The ballot title was as follows:[4]

An Amendment to the South Dakota Constitution regarding postsecondary technical education institutes.[5]

Constitutional changes

See also: Article XIV, South Dakota Constitution

Amendment R amended Section 3 of Article XIV of the South Dakota Constitution. The following underlined text was added by the measure's approval:[1]

§ 3. The state university, the agriculture college, the school of mines and technology, the normal schools, a school for the deaf, a school for the blind, and all other educational institutions that may be sustained either wholly or in part by the state and that offer academic or professional degrees of associate of arts, associate of sciences, baccalaureate or greater, shall be under the control of a board of five members appointed by the Governor and confirmed by the senate under such rules and restrictions as the Legislature shall provide. The Legislature may increase the number of members to nine. Postsecondary technical education institutes that offer career and technical associate of applied science degrees and certificates or their successor equivalents and that are funded wholly or in part by the state shall be separately governed as determined by the Legislature.[5]

Attorney general explanation

The Attorney General's ballot explanation was as follows:[6]

Under the South Dakota Constitution, the Board of Regents is responsible for postsecondary educational institutions funded entirely or in part by the State. Constitutional Amendment R applies to postsecondary technical education institutes that receive state funding and offer career and technical associate of applied science degrees, certificates, or their equivalents. Currently, there are four such institutes: Lake Area Technical Institute, Mitchell Technical Institute, Southeast Technical Institute, and Western Dakota Technical Institute. Under the amendment, postsecondary technical institutes will be governed separately in a manner to be determined by the Legislature.

The amendment also clarifies that the Board of Regents retains control over state-funded postsecondary educational institutions offering associate of arts, associate of sciences, bachelor's, and postgraduate degrees.

A vote "Yes" is for adding a provision to the Constitution regarding postsecondary technical educational institutes.

A vote "No" will leave the Constitution as it is.[5]

Support

R for Jobs led the support campaign for Amendment R.[7] Tech Schools for South Dakota filed as the primary sponsor of this measure.[8]

Supporters

R for Jobs listed the following endorsements on its website:[7]

School districts/technical institutes

  • Aberdeen School District
  • Huron School District
  • Lake Area Technical Institute
  • Madison School District
  • Mitchell School District
  • Mitchell Technical Institute
  • Rapid City School District
  • Sioux Falls School District
  • Southeast Technical Institute
  • Watertown School District
  • Western Dakota Technical Institute
  • Yankton School District

Professional organizations

  • Mitchell Chamber of Commerce
  • Mitchell Development Corp.
  • Rapid City Development Corp.
  • Sioux Falls Chamber of Commerce
  • Focus Watertown
  • Watertown Chamber of Commerce
  • South Dakota Assoc. of Career and Technical Education
  • Aberdeen Development Corp.
  • Aberdeen Chamber of Commerce
  • Yankton Area Progressive Growth
  • South Dakota Telecom Assoc.
  • Aberdeen Development Corp.
  • South Dakota Homebuilder's Assoc.
  • South Dakota Associated General Contractors, Highway
  • South Dakota Automobile Dealers Assoc.
  • South Dakota Trucker's Assoc.
  • Pierre Economic Development Company
  • Pierre Chamber of Commerce
  • Watertown Home Builder's Assc.
  • U.S. Home Builder's Assc.
  • SD Rural Electric Association Managers
  • Black Hills Home Builder's Assc.
  • South Dakota Ready Mix/Concrete Assc.
  • Home Builders of the Sioux Empire
  • Forward Sioux Falls
  • Contractors PAC of South Dakota
  • SD Associated General Contractors Associates Division
  • South Dakota Association of Cooperatives
  • Rapid City Chamber of Commerce
  • Huron Development Corporation
  • Yankton Chamber of Commerce
  • South Dakota Electrical Utility Companies Committee
  • Watertown Development Company
  • South Dakota Rural Electric Association
  • South Dakota Association of Human Resource Managers

Businesses

  • Mitchell Chamber of Commerce
  • Mitchell Development Corp.
  • Rapid City Development Corp.
  • Sioux Falls Chamber of Commerce
  • Focus Watertown
  • Watertown Chamber of Commerce
  • South Dakota Assoc. of Career and Technical Education
  • Aberdeen Development Corp.
  • Aberdeen Chamber of Commerce
  • Yankton Area Progressive Growth
  • South Dakota Telecom Assoc.
  • Aberdeen Development Corp.
  • South Dakota Homebuilder's Assoc.
  • South Dakota Associated General Contractors, Highway
  • South Dakota Automobile Dealers Assoc.
  • South Dakota Trucker's Assoc.
  • Pierre Economic Development Company
  • Pierre Chamber of Commerce
  • Watertown Home Builder's Assc.
  • U.S. Home Builder's Assc.
  • SD Rural Electric Association Managers
  • Black Hills Home Builder's Assc.
  • South Dakota Ready Mix/Concrete Assc.
  • Home Builders of the Sioux Empire
  • Forward Sioux Falls
  • Contractors PAC of South Dakota
  • SD Associated General Contractors Associates Division
  • South Dakota Association of Cooperatives
  • Rapid City Chamber of Commerce
  • Huron Development Corporation
  • Yankton Chamber of Commerce
  • South Dakota Electrical Utility Companies Committee
  • Watertown Development Company
  • South Dakota Rural Electric Association
  • South Dakota Association of Human Resource Managers

Individuals

Organizations

  • Mitchell Technical Institute[11]
  • Yankton School Board[12]

Arguments in favor

Greg Von Wald, executive director of the Skilled Workforce Advocacy Council in Rapid City, wrote in a column in the Rapid City Journal:[13]

Amendment R will, for the first time, put the technical institutes into the state Constitution and clear the way for them to have a voice at the state level as an advocate for skilled-workforce education. Amendment R is supporting workers for jobs and jobs for workers in South Dakota.[5]

Rep. Mark Mickelson (R-13) said,[10]

We’re trying to develop a process that’s a little bit more formal. ... In South Dakota, our technical institutes have stayed inside of our local K-12 schools. That’s worked well for a lot of years. When we look around us at other states and what they’ve done to really strengthen their technical institutes, they’ve almost always evolved into being a free-standing set of institutions. The intent of this amendment is to allow the technical institutes to evolve, to put them on an equal footing with other educational institutions in the state — but to clearly define their mission to remain focused on technical schools and workforce development.[5]

Official argument in favor

The official argument in favor listed in the "South Dakota 2016 Ballot Question Pamphlet" voter guide was as follows:[4]

Please support Constitutional Amendment R:

South Dakota’s four technical institutes play a significant role in training and preparing many South Dakota high school graduates to enter the work-force with important and directly applicable job skills in fields such as computer technology, medical technology and care, mechanics for the car, truck, construction and agricultural equipment, manufacturing, electricity, heating and air conditioning, agriculture, telecommunications, welding and many others. South Dakota’s four post-secondary technical institutes are Lake Area Technical Institute in Watertown, Mitchell Technical Institute, Southeast Technical Institute in Sioux Falls and Western Dakota Technical Institute in Rapid City.

Constitutional Amendment R makes clear that our state’s four post-secondary institutes may consider evolving from their existing original 1965 status as part of the state’s kindergarten through twelfth-grade system toward a dedicated and independent system, without being required to report to the Board of Regents which oversees our six state universities. To do this, however, the technical institutes must remain true to their work-force skill training and development intended to lead directly to employment. Constitutional Amendment R makes clear that the technical institutes are not allowed to evolve into the traditional university mission and degrees, reserving this for the Board of Regents and our existing state universities.

Constitutional Amendment R passed the legislature overwhelmingly with broad support from a variety of employers, industry representatives, the four post-secondary technical institutes and the Board of Regents. There were no opponents.

Please support Constitutional Amendment R to update our constitution to reflect our existing educational institutions and strengthen the ability of the four technical institutes to meet the work-force shortages in a number of critical industries such as medical technology and care, telecommunications, computer technology, manufacturing, mechanics for the car, truck, construction and agricultural equipment, electricity, heating and air conditioning, agriculture, telecommunications, welding and many others.

Representative Mark Mickelson

Speaker Pro Tempore, 2015-2016

Former Board Member, South Dakota Board of Economic Development [5]

Opposition

Official argument against

The official argument against listed in the "South Dakota 2016 Ballot Question Pamphlet" voter guide was as follows:[4]

Constitutional Amendment R would change the South Dakota Constitution to authorize the Legislature to establish a new, unelected and tax-funded governing board which would help the State shift the cost of technical schools from the State budget to the budgets of already overburdened counties, cities and school boards.

Like the SD Board of Regents, this new governing board would oversee every aspect of postsecondary technical institutions. The law exempts the board members from election, so taxpayers would lose direct representation in the oversight of education policies at technical schools. Member selection will be heavily influenced by lobbyists and favored industries according to provisions in a 2015 law (HB1118) that was passed in anticipation of this Constitutional change. That same law will immediately increase the number of Board members from five to nine, further growing the bureaucracy. The taxpayers will pay the nine board members, and they will require a substantial budget.

Legislation passed in 2014 (HB1142) allows counties and municipalities to voluntarily contribute money from their general funds, capital outlay funds, or both - to any postsecondary technical institute. The same bill permits local school boards to appropriate funds from their general fund “…for the general operating and financial support of technical institutions”. However, the South Dakota Department of Education and the South Dakota Board of Education retain control over the distribution of any such contributions or appropriations, and they determine how the money is used. Small changes in the wording of laws often result in huge changes in the effect of the law. Lawmakers need only to amend the words “may appropriate funds” to read “shall appropriate funds” in order to transfer the financial burden for technical institutions to struggling local governments.

Please help keep the bureaucracy in check.

Vote NO on Constitutional Amendment R!!

Rep. Elizabeth May - District 27 [5]

Media editorials

Opposition

  • The Rapid City Journal editorial board wrote the following:[14]

While we believe that technical institutes should be removed from the jurisdiction of school districts, we don’t believe their status should be protected or further empowered by the Constitution. The Legislature needs to go back to the drawing board as it has the authority to determine how technical institutes should be managed without making it part of the Constitution. The Journal editorial board recommends a "no" vote on Amendment R.[5]

Campaign finance

As of February 8, 2017, the support campaign for this measure featured one ballot question committee, Tech Schools for South Dakota, that received a total of $485,750.00 in contributions. The support campaign spent $485,750.00.[15]

No ballot question committees were registered to oppose the amendment.[15]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $468,600.00 $17,150.00 $485,750.00 $468,600.00 $485,750.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $468,600.00 $17,150.00 $485,750.00 $468,600.00 $485,750.00

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[15]

Committees in support of Constitutional Amendment R
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Tech Schools for South Dakota $468,600.00 $17,150.00 $485,750.00 $468,600.00 $485,750.00
Total $468,600.00 $17,150.00 $485,750.00 $468,600.00 $485,750.00

Donors

The following were the top donors to the committee.[15]

Donor Cash Contributions In-Kind Contributions Total Contributions
First Premier Bank $50,000.00 $0.00 $50,000.00
Midcontinent Communications $50,000.00 $0.00 $50,000.00
Forward Sioux Falls $25,000.00 $0.00 $25,000.00
Sanford Health $25,000.00 $0.00 $25,000.00
South Dakota Rural Electric Assc. $25,000.00 $0.00 $25,000.00
Trail King Industries $25,000.00 $0.00 $25,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Path to the ballot

See also: Amending the South Dakota Constitution

According to the South Dakota Constitution, the state legislature can refer a proposed amendment to the state's voters through a simple majority vote.

On February 17, 2015, the South Dakota House of Representatives approved HJR 1003, with 68 representatives voting "yea" and one voting "nay". The South Dakota Senate took up the amendment on February 26, 2015. All senators voted in support of the amendment. The measure was delivered to the South Dakota Secretary of State on March 4, 2015.[16]

House vote

February 17, 2015, House vote

South Dakota HJR 1003 House Vote
ResultVotesPercentage
Approveda Yes 68 98.55%
No11.45%

Senate vote

February 26, 2015, Senate vote

Utah HJR 1003 Senate Vote
ResultVotesPercentage
Approveda Yes 34 100.00%
No00.00%

State profile

Demographic data for South Dakota
 South DakotaU.S.
Total population:857,919316,515,021
Land area (sq mi):75,8113,531,905
Race and ethnicity**
White:85%73.6%
Black/African American:1.6%12.6%
Asian:1.2%5.1%
Native American:8.6%0.8%
Pacific Islander:0%0.2%
Two or more:2.6%3%
Hispanic/Latino:3.3%17.1%
Education
High school graduation rate:90.9%86.7%
College graduation rate:27%29.8%
Income
Median household income:$50,957$53,889
Persons below poverty level:15.3%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in South Dakota.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in South Dakota

South Dakota voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, five are located in South Dakota, accounting for 2.43 percent of the total pivot counties.[17]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. South Dakota had four Retained Pivot Counties and one Boomerang Pivot County, accounting for 2.21 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More South Dakota coverage on Ballotpedia

Related measures

Education measures on the ballot in 2016
StateMeasures
CaliforniaCalifornia Proposition 58, Non-English Languages Allowed in Public Education Approveda
AlabamaAlabama Auburn University Board of Trustees, Amendment 1 Approveda
MaineMaine Tax on Incomes Exceeding $200,000 for Public Education, Question 2 Approveda
OklahomaOklahoma One Percent Sales Tax, State Question 779 Defeatedd

Recent news

The link below is to the most recent stories in a Google news search for the terms South Dakota Amendment R technical institutes. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Support

Footnotes

  1. 1.0 1.1 South Dakota Legislature, "House Joint Resolution 1003," accessed March 23, 2015
  2. Aberdeen News, "State voters will get to decide who won't run tech institutes," February 27, 2015
  3. Argus Leader, "More freedom, independence for tech schools?" March 7, 2015
  4. 4.0 4.1 4.2 South Dakota Secretary of State, "South Dakota 2016 Ballot Question Pamphlet," accessed August 18, 2016
  5. 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  6. South Dakota Secretary of State, "Attorney General 2016 ballot explanation, Constitutional Amendment R," accessed May 26, 2016
  7. 7.0 7.1 R for Jobs, "Home," accessed November 6, 2016
  8. South Dakota Secretary of State, "Campaign Disclosure Statement," accessed May 4, 2016
  9. Argus Leader, "Gov.: 'Vote yes on Amendment R, you can vote no on all the others,'" June 28, 2016
  10. 10.0 10.1 Yankton Daily Press & Dakotan, "Mickelson touts Amendment R," May 10, 2016
  11. Mitchell Republic, "MTI hoping voters to support Amendment R," July 12, 2016
  12. WNAX, "Yankton School Board Supports Passage of Amendment 'R,'" accessed August 25, 2016
  13. Rapid City Journal, "Yours: Amendment R boosts tech schools," April 10, 2016
  14. Rapid City Journal, "OURS: Amendments for victims, schools unnecessary," October 9, 2016
  15. 15.0 15.1 15.2 15.3 South Dakota Secretary of State, "Campaign Disclosure Statement," accessed October 28, 2016
  16. Utah Legislature, "House Joint Resolution 1003 Actions," accessed March 23, 2015
  17. The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.