80
th Legislative Session _ 2005
Committee: House State Affairs
Wednesday, February 16, 2005
P - Present
E - Excused
A - Absent
Roll Call
P Deadrick
P Frost
P Garnos
P Gillespie
P Haley
P Hargens
P Kraus
P Michels
P Miles
P O'Brien
P Rave
P Dykstra, Vice-Chair
P Rhoden, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Larry Rhoden
MOTION:
TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 14, 2005
Moved by: Dykstra
Second by: Rave
Action: Prevailed by voice vote.
Vice Chairman Joel Dykstra assumed the chair.
HB 1220: appropriate money to enhance education in the state.
Presented by: Representative Larry Rhoden (handout 1)
Proponents: Dianna Miller, ESD + 6
Jim Hutmacher, SD Coalition of Schools
Larry Nelson, Middle Sized Schools Organization
MOTION:
AMEND HB 1220
1220ca
On the printed bill, delete everything after the enacting clause and insert:
"
Section
1.
There is hereby appropriated from the state general fund, after the transfer of earnings
from the education enhancement trust fund created in Article XII, section 6 of the South Dakota
Constitution, the sum of two million seven hundred fifty-eight thousand seven hundred seventy-one
dollars ($2,758,771), or so much thereof as may be necessary, to the Department of Education for
distribution through the foundation formula in chapter 13-13.
Section
2.
That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
(1)
"Average daily membership," the average number of resident and nonresident
kindergarten through twelfth grade pupils enrolled in all schools operated by the school
district during the previous regular school year, minus average number of pupils for
whom the district receives tuition, except pupils described in subdivision (1A) and pupils
for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of
pupils for whom the district pays tuition;
(1A)
Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the average daily
membership of the receiving district when enrolled in the receiving district. When
counting a student who meets these criteria in its general enrollment average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its general enrollment average daily membership after
the student ceases to attend school in the resident district;
(2)
"Adjusted average daily membership," calculated as follows:
(a)
For districts with an average daily membership of two hundred or less, multiply 1.2
times the average daily membership;
(b)
For districts with an average daily membership of less than six hundred, but greater
than two hundred, raise the average daily membership to the 0.8293 power and
multiply the result times 2.98;
(c)
For districts with an average daily membership of six hundred or more, multiply
1.0 times their average daily membership;
(3)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of the
United States Department of Labor for the year before the year immediately preceding the
year of adjustment or three percent, whichever is less;
(4)
"Per student allocation," for school fiscal year
2005 is $4,086.56
2006 is $4,235.71
. Each
school fiscal year thereafter, the per student allocation is the previous fiscal year's per
student allocation increased by the index factor;
(5)
"Local need," the per student allocation multiplied by the adjusted average daily
membership;
(6)
"Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to § 10-12-42;
(7)
"General fund balance," the unreserved fund balance of the general fund, less general fund
exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of
the general fund for the previous school fiscal year;
(8)
"General fund balance percentage," is a school district's general fund balance divided by
the school district's total general fund expenditures for the previous school fiscal year, the
quotient expressed as a percent;
(9)
"General fund base percentage," is the general fund balance percentage as of June 30,
2000. However, the general fund base percentage can never increase and can never be less
than twenty percent;
(10)
"Allowable general fund balance," the fund base percentage multiplied by the district's
general fund expenditures in the previous school fiscal year;
(11)
"Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5
percentage points;
(12)
"General fund exclusions," revenue a school district has received from the imposition of
the excess tax levy pursuant to § 10-12-43; revenue a school district has received from
gifts, contributions, grants, or donations; revenue a school district has received under the
provisions of §§ 13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set
aside for a noninsurable judgment.
"
Moved by: Dykstra
Second by: Hargens
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1220 AS AMENDED
Moved by: Dykstra
Second by: Rave
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Deadrick, Frost, Garnos, Gillespie, Haley, Hargens, Kraus, Michels, Miles, O'Brien,
Rave, Dykstra, Rhoden
MOTION:
TO AMEND TITLE OF HB 1220
1220zta
On page
1,
line 1 of the printed bill,
delete everything after "
An Act to
"
and insert "revise the
calculation of state aid to general education and appropriate money therefor.".
Moved by: Michels
Second by: Dykstra
Action: Prevailed by voice vote.
Chairman Larry Rhoden assumed the chair.
SB 76: codify legislation enacted in 2004.
Presented by: Doug Decker, Legislative Research Council
MOTION:
AMEND SB 76
76sa
On page
3,
line 2 of the printed bill,
overstrike "
November
"
and insert "
December
".
Moved by: Kraus
Second by: Deadrick
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 76 AS AMENDED
Moved by: Hargens
Second by: Deadrick
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Deadrick, Frost, Garnos, Gillespie, Haley, Hargens, Kraus, Michels, Miles, O'Brien,
Rave, Dykstra, Rhoden
MOTION:
PLACE SB 76 ON CONSENT CALENDAR
Moved by: Rave
Second by: Garnos
Action: Prevailed by voice vote.
SB 77: correct various references in the code.
Presented by: Doug Decker, Legislative Research Council
MOTION:
DO PASS SB 77
Moved by: Deadrick
Second by: Rave
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Deadrick, Frost, Garnos, Gillespie, Haley, Hargens, Kraus, Michels, Miles, O'Brien,
Rave, Dykstra, Rhoden
MOTION:
PLACE SB 77 ON CONSENT CALENDAR
Moved by: Frost
Second by: Hargens
Action: Prevailed by voice vote.
SB 159: authorize the President Pro Tempore to appoint certain members of the
Interim Rules Review Committee.
Presented by: Senator Eric Bogue
MOTION:
DO PASS SB 159
Moved by: Hargens
Second by: Deadrick
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Deadrick, Frost, Garnos, Gillespie, Haley, Hargens, Kraus, Michels, Miles, O'Brien,
Rave, Dykstra, Rhoden
MOTION:
PLACE SB 159 ON CONSENT CALENDAR
Moved by: Hargens
Second by: Michels
Action: Prevailed by voice vote.
SB 112: repeal certain requirements related to works of art in state buildings.
Presented by: Senator Lee Schoenbeck
Proponents: Representative Hal Wick
Opponents: Senator Stanford Adelstein
Jim Pollock, self, Pierre (handout 2)
MOTION:
AMEND SB 112
112oa
On page
1 of the printed bill,
remove the overstrikes from lines
6 to 9
, inclusive.
On page
1
,
line 6,
before "
include
"
overstrike "
shall
"
and insert "
may
".
On page
1
,
line 6,
after "
engineer
"
overstrike "
shall
"
and insert "
may
".
On page
1
,
line 7,
overstrike "
shall
"
and insert "
may
".
On page
1
,
remove the overstrikes from lines
12 to 14
, inclusive.
On page
1
,
line 13,
overstrike "
shall
"
and insert "
may
".
On page
1
,
delete line
15
.
On page
2
,
delete lines
1 to 10
, inclusive.
Moved by: Hargens
Second by: Haley
Action: Failed by voice vote.
MOTION:
DO PASS SB 112
Moved by: Dykstra
Second by: Frost
Action: Prevailed by roll call vote.(10-2-1-0)
Voting Yes: Deadrick, Frost, Gillespie, Kraus, Michels, Miles, O'Brien, Rave, Dykstra, Rhoden
Voting No: Haley, Hargens
Excused: Garnos
Chairman Rhoden deferred SB95 until a later date.
MOTION:
ADJOURN
Moved by: Rave
Second by: Kraus
Action: Prevailed by voice vote.
Clara Shelbourn
____________________________
Committee Secretary
Larry Rhoden, Chair
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