84th Legislative Session _ 2009

Committee: Senate Education
Tuesday, February 10, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Jerstad
P    Knudson, Vice-Chair
P    Nesselhuf
P    Olson (Russell)
P    Peterson
P    Garnos, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Cooper Garnos, Chair.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 5, 2009.

Moved by:    Olson (Russell)
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

        
SB 91: allow certain school districts, for a period of five years, to expend capital outlay funds for certain transportation costs, for the purchase of property and casualty insurance, and for energy costs, and the cost of utilities.

Presented by:    Senator Russell Olson (Handout: 1)
Proponents:    Mark Greguson, Superintendent, Chester Area School
        Jason Bailey, Superintendent, Bridgewater-Emery Schools
        Lynn Vlasman, Superintendent, Tripp-Delmont Schools
        Tim Mitchell, Superintendent, Chamberlain School District 7-1
        Mike Hanson, Superintendent, Winner School District
        Representative Kim Vanneman
Opponents:    Dianna Miller, Large School Group


        Bob O'Connell, Sioux Falls Area Chamber of Commerce

MOTION:     AMEND SB 91

91ca

     On page 2, line 8, of the printed bill, delete " A Beginning on July 1, 2014, a " and insert "A".


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

MOTION:     AMEND SB 91

91cb

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

     "      Section 1. That § 13-16-6 be amended to read as follows:

     13-16-6.   The capital outlay fund of the school district is a fund provided by law to meet expenditures which result in the acquisition or lease of or additions to real property, plant, or equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase or lease of equipment. It may also be used for installment or lease-purchase payments for the purchase of real property, plant, or equipment, which have a contracted terminal date not exceeding twenty years from the date of the installment contract or lease-purchase and for the payment of the principal of and interest on capital outlay certificates issued pursuant to § 13-16-6.2.

     Any purchase of one thousand dollars or less may be paid out of the general fund. The total accumulated unpaid principal balances of such installment contracts and lease-purchase and the outstanding principal amounts of such capital outlay certificates may not exceed three percent of the taxable valuation. The school district shall provide a sufficient levy each year under the provisions of § 13-16-7 to meet the annual installment contract, lease-purchase, and capital outlay certificate payments, including interest.

     A school district which contracts its student transportation may expend from the capital outlay fund an amount not to exceed fifteen percent of the contract amount. In addition, a school district which reimburses for mileage instead of providing transportation pursuant to § 13-30-3, may use the capital outlay fund to pay for fifteen percent of its mileage reimbursement costs.

     The capital outlay fund may be used to purchase textbooks and instructional software.

     The capital outlay fund may be used to purchase warranties on capital assets if the warranties do not include supplies.

     During the period of time beginning on July 1, 2009, and ending on June 30, 2014, any school district may make payments from its capital outlay fund for the purchase of property insurance and casualty insurance, for payments for energy costs and the cost of utilities, and for motor fuel or for any portion of a contract providing transportation to students or for any mileage reimbursements. However, the total amount that a school district expends from its capital outlay fund for these expenses may not exceed forty-five percent of the total tax revenues deposited in that fund during the current school fiscal year. "


Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by roll call vote. (4-2-1-0)

Voting Yes:    Gray, Knudson, Nesselhuf, Peterson

Voting No:    Olson (Russell), Garnos

Excused:    Jerstad

MOTION:     DO PASS SB 91 AS AMENDED

Moved by:    Gray
Second by:    Olson (Russell)
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Gray, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

Excused:    Jerstad

MOTION:     AMEND TITLE OF SB 91

91cta

     On page 1, line 1, of the printed bill, delete "certain school districts" and insert "any school district".


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

        
SB 118: adopt the interstate compact on educational opportunity for military children.

Presented by:    Senator Jeffrey Haverly

MOTION:     DEFER SB 118 TO THE 41ST LEGISLATIVE DAY

Moved by:    Nesselhuf
Second by:    Olson (Russell)
Action:    Prevailed by roll call vote. (5-1-1-0)

Voting Yes:    Gray, Knudson, Nesselhuf, Olson (Russell), Peterson

Voting No:    Garnos

Excused:    Jerstad

        
SB 132: exempt certain school districts from the requirement to reorganize due to low enrollment.

Proponents:    Larry Nelson, Middle Sized Schools Organization

MOTION:     TO TABLE SB 132

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

Voting Yes:    Gray, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

Excused:    Jerstad

        
SB 174: require a school district to which a former contracting school district is annexed to assign certain resident students to a school district in a bordering state.

Presented by:    Tom Oster, Secretary Department of Education
Proponents:    Larry Nelson, Greater Hoyt School District
        Larry Nelson, Greater Scott School District 61-5

MOTION:     AMEND SB 174

174ca

     On page 1, line 7, of the printed bill, overstrike "an adjoining" and insert " another ".

     On page 1, line 7, delete " 2009 " and insert " 2010 ".

     On page 1, line 13, before " If " insert " The rate of tuition paid per year to the receiving school district may not be less than the per student allocation as defined in § 13-13-10.1 for that school fiscal year. In addition, the school district to which the former contracting school district is annexed may compensate the receiving school district for all or any portion of the transportation or other costs associated with the students attending school in the receiving school district. ".

     On page 2, after line 2, insert:

"
     Section 2. The provisions of § 13-6-97 do not apply to any school district that is currently contracting pursuant to § 13-15-11 and is seeking to dissolve and be annexed under the terms of chapter 13-6, but has not completed the reorganization process.

     Section 3. Section 2 of this Act is repealed on July 1, 2010.



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

MOTION:     DO PASS SB 174 AS AMENDED

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

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

MOTION:     AMEND TITLE OF SB 174

174cta

     On page 1, line 3, of the printed bill, after "state" insert ", and to temporarily exempt certain school districts from the requirement to reorganize due to low enrollment".


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

        
SB 172: prohibit any school district from transporting students who participate in the enrollment options program beyond the boundaries of that school district.

Presented by:    Senator Gary Hanson
Proponents:    Dianna Miller, Large School Group
Opponents:    Don Kirkegaard, Superintendent of Britton-Hecla School District
        Tammy Darnall, Department of Education
        Mark Greguson, Superintendent, Chester Area School

MOTION:     DEFER SB 172 TO THE 41ST LEGISLATIVE DAY

Moved by:    Gray
Second by:    Jerstad
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

        
SB 185: revise the graduation requirements for students entering ninth grade in 2009 and thereafter by eliminating the option of the basic high school program.

Presented by:    Senator Russell Olson
Proponents:    Tom Oster, Secretary Department of Education (Handout: 2)
        Leslie Hanson, Superintendent, Watertown School District (Letter read by Secretary
         Oster)
        Mark Greguson, Superintendent, Chester Area School
        Dan Guericke, Mid-Central Education Coop, Platte
        Larry Zikmund, Associated General Contractors - Building Chapter
        Larry Zikmund, SD Association of Career and Technical Education
        Don Kirkegaard, Superintendent of Britton-Hecla School District

MOTION:     AMEND SB 185

185ca

     On page 1, line 10, of the printed bill, delete everything before "may" and insert " 2008, 2008- 2009, or 2009-2010 school years ".


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

MOTION:     DO PASS SB 185 AS AMENDED

Moved by:    Nesselhuf
Second by:    Jerstad
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Gray, Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

MOTION:     AMEND TITLE OF SB 185

185cta

     On page 1, line 2, of the printed bill, delete "2009" and insert "2010".


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

        
SB 189: revise certain provisions relating to payments to teachers obtaining certain national board certification.

Proponents:    Melody Schopp, Department of Education
Opponents:    Sandra Waltman, SD Education Association

MOTION:     AMEND SB 189

189ca

     On page 2, after line 10 of the printed bill, insert:

"
     Section 2. The Department of Education shall reimburse any public school teacher for the application and processing fee for the National Board for Professional Teaching Standards certification process if that teacher paid the fee and began the certification process prior to July 1, 2009, and successfully completes all certification requirements and is awarded the credential.



Moved by:    Olson (Russell)
Second by:    Gary
Action:    Was not acted on.

        THE CHAIR DEFERRED SB 189 UNTIL THURSDAY, FEBRUARY 12, 2009.

MOTION:     ADJOURN

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

Cheri Hauschild

____________________________

Committee Secretary
Cooper Garnos, Chair