81st Legislative Session _ 2006

Committee: Senate Education
Tuesday, February 07, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Duenwald
P    Knudson
P    Kooistra
P    Nesselhuf
P    Peterson (Jim)
P    Bogue, Vice-Chair
P    Olson (Ed), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Ed Olson, Chair.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 2, 2006

Moved by:    Kooistra
Second by:    Bogue
Action:    Prevailed by voice vote.

MOTION:     CONFIRM REAPPOINTMENT OF JOSEPH M. DONDELINGER, MINNEHAHA COUNTY, SIOUX FALLS, SOUTH DAKOTA, TO THE SOUTH DAKOTA BOARD OF DIRECTORS FOR EDUCATIONAL TELECOMMUNICATIONS

Moved by:    Knudson
Second by:    Bogue
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Peterson (Jim), Bogue, Olson (Ed)

Excused:    Nesselhuf

MOTION:     CONFIRM REAPPOINTMENT OF GLENNA FOUBERG, BROWN COUNTY, ABERDEEN, SOUTH DAKOTA, TO THE SOUTH DAKOTA BOARD OF EDUCATION

Moved by:    Bogue
Second by:    Duenwald
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

MOTION:     CONFIRM REAPPOINTMENT OF MARILYN HOYT, BEADLE COUNTY, HURON, SOUTH DAKOTA, TO THE SOUTH DAKOTA BOARD OF EDUCATION

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

MOTION:     CONFIRM APPOINTMENT OF KATHRYN JOHNSON, PENNINGTON COUNTY, HILL CITY, SOUTH DAKOTA, TO THE STATE BOARD OF REGENTS

Moved by:    Kooistra
Second by:    Bogue
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

         SB 198: repeal certain provisions regarding the reduction in state aid to education based on school district general fund balances.

Presented by:    Dale Bertsch, Governor's Office (Document #1)

MOTION:     DO PASS SB 198

Moved by:    Kooistra
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    Duenwald, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

Voting No:    Knudson

         SB 199: create a teacher compensation assistance program.

Presented by:    Rick Melmer, Department of Education (Document #2 and #3)

MOTION:     DEFER SB 199 TO THE 36TH LEGISLATIVE DAY

Moved by:    Kooistra
Second by:    Peterson (Jim)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION REFER TO Appropriations

Moved by:    Bogue
Second by:    Knudson
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Duenwald, Knudson, Bogue, Olson (Ed)

Voting No:    Kooistra, Nesselhuf, Peterson (Jim)

         SB 134: revise state aid to education to include aid to sparse school districts.

Presented by:    Senator Eric Bogue (Document #4)
Proponents:    Dianna Miller, ESD + 6

Gavel passed to Senator Eric Bogue, Vice-Chair.

Opponents:    Senator Frank Kloucek

MOTION:     AMEND SB 134

134cd
"
     On the previously adopted amendment (134cb), in section 1, delete subdivision (2A) and insert:
            
             (2A)    "Sparse school district," a school district that meets each of the following criteria:
             (a)    Has an average daily membership per square mile of 0.50 or less;
             (b)    Has an average daily membership of 500 or less;
             (c)    Has an area of four hundred square miles or more;
             (d)    Has at least five miles between its secondary attendance center or centers and that of an adjoining district;
             (e)    Operates a secondary attendance center; and
             (f)    Levies ad valorem taxes at the maximum rates allowed pursuant to §  10-12-42 or more;
    
     In section 1, delete subdivision (2B) and insert:

             (2B)    "Sparsity average daily membership," calculated as follows:
             (a)    For sparse school districts, divide the average daily membership by the area of the school district in square miles;
             (b)    Multiply the quotient obtained in subsection (a) times negative 0.25;
             (c)    Add 0.125 to the product obtained in subsection (b); and
             (d)    Multiply the sum obtained in subsection (c) times the average daily membership;

     Following section 5, insert:
    
     Section 6. That § 4-8A-8 be amended to read as follows:

     4-8A-8.   Moneys Except as otherwise provided by this Act, moneys appropriated on a program basis by the General Appropriation Act may be transferred between program accounts within or between programs within departments and bureaus or between departments and bureaus to reflect a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution only at the written request of a governing body, department secretary, or bureau commissioner, or designee, in accordance with procedures established by the Bureau of Finance and Management and only upon written approval of the Bureau of Finance and Management. Transfer of moneys appropriated by the General Appropriations Act between departments, institutions, and bureaus that is not necessary for a reorganization pursuant to Article IV, section 8 of the South Dakota Constitution may only occur at the written request of a governing body, department secretary, or bureau commissioner, or designee, only in accordance with procedures established by the Bureau of Finance and Management and only upon approval by the special committee created in this chapter. The Bureau of Finance and Management shall keep a record of all such authorizations of transfers and make them available for public inspection. The bureau shall also submit an informational report detailing all transfers approved to the special legislative committee established in § 4-8A-2.

     Section 7. That chapter 4-8A be amended by adding thereto a NEW SECTION to read as follows:

     Money appropriated as state aid to general education may not be transferred to other program accounts. Money appropriated as state aid to general education may be spent for only general aid to public schools.
     Section 8. That chapter 4-8 be amended by adding thereto a NEW SECTION to read as follows:

     If the amount of money appropriated as state aid to general education is in excess of the amount required to meet the entitlement provided for in chapter 13-13, the secretary of the Department of Education shall, at such time as the excess is determined, distribute the excess to all school districts on a pro rata basis according to each school district's average daily membership as defined in subdivision 13-13-10.1(1)."

Moved by:    Duenwald
Second by:    Knudson
Action:    Prevailed by voice vote.

Gavel passed to Senator Ed Olson, Chair.

MOTION:    REFER TO Appropriations AS AMENDED

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Duenwald, Knudson, Bogue, Olson (Ed)

Voting No:    Kooistra, Nesselhuf, Peterson (Jim)

MOTION:     TO AMEND TITLE OF SB 134

134ctb
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "revise the distribution of state aid to education, to provide funding for sparse school districts, and to make an appropriation therefor.".

     On page 1 , delete line 2 .

Moved by:    Bogue
Second by:    Knudson
Action:    Prevailed by voice vote.


         SB 81: revise the index factor for determining the per student allocation for school districts.

MOTION:     TO TABLE SB 81

Moved by:    Bogue
Second by:    Kooistra
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

         SB 170: establish and appropriate money to the 21st Century Education Fund, to increase funding for education, and to revise the index factor in the state aid to education formula.

MOTION:     DEFER SB 170 UNTIL THURSDAY, FEBRUARY 9, 2006

Moved by:    Knudson
Second by:    Kooistra
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Nesselhuf
Second by:    Duenwald
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Ed Olson, Chair

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