2008 Legislative Session _ 2008

Committee: House Education
Thursday, February 07, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Buckingham
P    DeVries
P    Elliott
P    Gilson
P    Hackl
P    Hills
E    McLaughlin, Vice-Chair
P    Novstrup (Al)
P    Olson (Ryan)
P    Thompson
P    Van Norman
P    Weems
P    Wick
P    Heineman, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Heineman.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 5, 2008

Moved by:    Buckingham
Second by:    Gilson
Action:    Prevailed by voice vote.

MOTION:     RECONSIDER HB 1308

Moved by:    Wick
Second by:    Olson (Ryan)


Action:    Prevailed by roll call vote. (12-0-3-0)

Voting Yes:    Buckingham, DeVries, Elliott, Gilson, Hackl, Hills, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

Excused:    Bradford, McLaughlin, Van Norman

        
HB 1308: require the Board of Education to revise the alternative certification standards for career and technical education teachers.

MOTION:     REFER HB 1308 TO COMMERCE

Moved by:    Wick
Second by:    Olson (Ryan)
Action:    Prevailed by roll call vote. (12-0-3-0)

Voting Yes:    Buckingham, DeVries, Elliott, Gilson, Hackl, Hills, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

Excused:    Bradford, McLaughlin, Van Norman

        
HB 1251: authorize the Board of Regents to acquire land and to construct a facility for the Higher Education Center_West River, and to make an appropriation therefor.

Presented by:    Representative David Lust
Proponents:    Randy Morris, Bd of Regents, Spearfish
        Tad Perry, SD Board of Regents (Handout #1&2)
        Randy Wise, Self, Rapid City
        Scott Zieske, Rapid City Regional Hospital/Regional Health Inc.
        Pat McElgunn, Rapid City Area Chamber of Commerce
        Bob O'Connell, Sioux Falls Area Chamber of Commerce
        Chuck Ruch, School of Mines, Rapid City

MOTION:     AMEND HB 1251

1251fa

On the printed bill, delete everything after the enacting clause and insert:

     "      Section 1. It is in the public interest that the South Dakota Building Authority contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air

conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering services, and such other services as may be required to construct a new facility for the higher education center--west river, in Rapid City, Pennington County, at an estimated cost of fifteen million four hundred thirty-eight thousand five hundred dollars. The South Dakota Building Authority may finance up to fifteen million four hundred thirty-eight thousand five hundred dollars of the construction costs through the issuance of revenue bonds, in accordance with this Act and chapter 5-12, with the remainder to be provided from grants or donations.

     Section 2. The Board of Regents may accept a donation of a site comprising twelve acres more or less for the higher education center--west river from within a tract described as follows: A tract of land situated in Section 27, Township 2 North, Range 8 East of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section ¼ Corner common to Sections 27 and 28, thence N67°26'47"W, a distance of 586.94 feet, to the point of beginning. Thence, first course: N89°51'35"W, a distance of 812.52 feet; Thence, second course: N00°08'25"E, a distance of 101.13 feet; Thence, third course: N42°04'51"E, a distance of 200.57 feet; Thence, fourth course: N04°15'17"W, a distance of 139.40 feet; Thence, fifth course: N28°03'24"W, a distance of 124.92 feet, to a point on the southerly edge of Chicago and North Western Railroad Right-of-Way; Thence, sixth course: along the southerly edge of said Railroad Right-of-way, curving to the left, on a curve with a radius of 5779.58 feet, a delta angle of 07°34'45", a length of 764.53 feet, a chord bearing of N58°09'28"E, and chord distance of 763.98 feet; Thence, seventh course: curving to the right, on a curve with a radius of 462.00 feet, a delta angle of 03°55'30", a length of 31.65 feet, a chord bearing of S36°20'35"E, and chord distance of 31.64 feet; Thence, eighth course: curving to the left, on a curve with a radius of 55.00 feet, a delta angle of 77°48'49", a length of 74.70 feet, a chord bearing of S24°34'19"E, and chord distance of 69.09 feet; Thence, ninth course: curving to the right, on a curve with a radius of 30.00 feet, a delta angle of 40°07'48", a length of 21.01 feet, a chord bearing of S43°24'49"E, and chord distance of 20.59 feet; Thence, tenth course: curving to the right, on a curve with a radius of 462.00 feet, a delta angle of 23°29'20", a length of 189.40 feet, a chord bearing of S11°36'15"E, and chord distance of 188.08 feet; Thence, eleventh course: S00°08'25"W, a distance of 616.80 feet, to the point of beginning.

     The authorization granted by this section is contingent upon the preparation of a plat of the tract to be donated and delivery of an instrument of transfer that can be recorded.

     Section 3. Notwithstanding the limitations of §  5-2-1, and using other funds at its disposal, the Board of Regents may buy an option or a right of first refusal to purchase contiguous lands comprising approximately nineteen acres, provided that no purchase or other acquisition may take place without the prior authorization of the Legislature.

     Section 4. No indebtedness, bond, or obligation incurred or created under the authority of this Act may be or may become a lien, charge, or liability against the State of South Dakota, nor against the property or funds of the State of South Dakota within the meaning of the Constitution or statues

of the state.

     Section 5. The South Dakota Building Authority and the Board of Regents may accept, transfer, and expend any property or funds obtained for these purposes from federal sources, gifts, contributions, or any other source, all of which shall comprise a special fund for the benefitted project and all monies deposited into that fund are hereby appropriated to the projects authorized by this Act.

     Section 6. The administration of the design and construction of the projects authorized in this Act shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14. The executive director of the Board of Regents and the executive secretary of the South Dakota Building Authority shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 7. The Board of Regents may make and enter into a lease agreement with the Building Authority and make rental payments under the terms thereof, pursuant to chapter 5-12, from appropriations to be made by the Legislature for the payment of such rent and to support the construction, completion, furnishing, equipping, and payment of revenue bonds issued pursuant to this Act to fund thirteen million thirty-eight thousand five hundred dollars of the construction cost, and from the higher education facilities fund to retire bonds issued to fund two million four hundred thousand dollars of the construction cost."



Moved by:    Olson (Ryan)
Second by:    Weems
Action:    Prevailed by voice vote.

MOTION:     REFER HB 1251 TO APPROPRIATIONS WITH A DO PASS AS AMENDED RECOMMENDATION.

Moved by:    Olson (Ryan)
Second by:    Gilson
Action:    Prevailed by roll call vote. (11-0-4-0)

Voting Yes:    DeVries, Elliott, Gilson, Hackl, Hills, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

Excused:    Bradford, Buckingham, McLaughlin, Van Norman

        
HB 1230: appropriate money to promote the development of multidistrict centers for secondary career and technical education.

Presented by:    Representative Hal Wick (Handout #3&4)
Proponents:    Julie LeVake, Lake Area Multi District
        David Caris, Mid America Energy, DesMoines, Ia
        Jeane Wharton, SD Home Builders Association
        Dick Tieszsen, Technical Institutes
        Deb Mortenson, SD Land Improvement Contractors
        Larry Zikmund, SD Association of Career and Technical Education (Handout #5)
Opponents:    Dianna Miller, ESD + 6
        Tamara Darnall, Bureau of Finance and Management

MOTION:     AMEND HB 1230

1230ja

     On page 1, line 4, of the printed bill, delete "two million dollars" and insert "one dollar ($ 1 )".

     On page 1, line 5, delete "($2,000,000)".


Moved by:    Wick
Second by:    Hills
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1230

1230jb

     On page 1, line 6, of the printed bill, after "multidistrict" insert "or career and technical education consortium".

     On page 1, line 13, delete "multidistrict".

     On page 1, line 13, delete "only" and insert "a majority of".


Moved by:    Weems
Second by:    Hills
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1230 AS AMENDED

Moved by:    Weems
Second by:    Wick
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION REFER HB 1230 TO APPROPRIATIONS AS AMENDED WITH A DO PASS RECOMMENDATION.

Moved by:    Wick
Second by:    Hills
Action:    Prevailed by roll call vote. (9-5-1-0)

Voting Yes:    Bradford, Elliott, Hills, Novstrup (Al), Thompson, Van Norman, Weems, Wick, Heineman

Voting No:    Buckingham, DeVries, Gilson, Hackl, Olson (Ryan)

Excused:    McLaughlin

MOTION:     AMEND TITLE OF HB 1230

1230jta

     On page 1, line 2, of the printed bill, delete "multidistrict".


Moved by:    Buckingham
Second by:    Weems
Action:    Prevailed by voice vote.

MOTION:     RECONSIDER HB 1147

Moved by:    DeVries
Second by:    Hackl
Action:    Failed by roll call vote. (7-6-2-0)

Voting Yes:    Bradford, DeVries, Elliott, Hackl, Novstrup (Al), Thompson, Van Norman

Voting No:    Buckingham, Gilson, Hills, Olson (Ryan), Weems, Heineman

Excused:    McLaughlin, Wick

        
HB 1262: enhance the salaries of teachers in South Dakota.

Presented by:    Representative Mike Buckingham

THE CHAIR DEFERRED HB 1262 UNTIL FEBRUARY 12, 2008

        
HB 1268: establish a statewide minimum teacher salary that school districts must meet within five years and to allow school districts to receive funds through the teachers compensation assistance program to meet the minimum salary requirement.

Presented by:    Representative Kristi Noem (Handout #6 & 7)

THE CHAIR DEFERRED HB 1268 UNTIL FEBRUARY 12, 2008

MOTION:     ADJOURN

Moved by:    Hills
Second by:    Weems
Action:    Prevailed by voice vote.

Jeanette Black

____________________________

Committee Secretary
Phyllis M. Heineman, Chair


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