84
th Legislative Session _ 2009
1297ca
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1.
That
§
13-6-85
be amended to read as follows:
13-6-85.
A boundary change, affecting not more than two percent of the assessed valuation and
not more than two percent of the tax-exempt acreage or other tax-exempt property to be determined
at the discretion of the school district from which the area is to be taken,
A minor change to a school
district boundary may only be initiated within two years after the boundaries of the affected school
districts were changed as the result of school district reorganization or as the result of a boundary
change made pursuant to
§
13-6-84.2 or other boundary change made pursuant to this title. The
aggregate value of the lands taken from a school district through minor boundary changes during the
two-year period may not exceed two percent of the assessed valuation of the school district, and the
aggregate acreage of all tax exempt property taken from the school district during the two-year
period may not exceed two percent of the tax exempt acreage in the school district.
A minor boundary change
may be made upon an application for a
minor
boundary change to the
school board of the school district from which the area is to be taken
and to the school board of the
school district to which the area is to be annexed
, in the form of a petition signed by all of the owners
of land, excluding land owned by the state or any other political subdivision in the area to be
transferred by the
minor
boundary change.
If the school board of the school district from which the
area is to be taken approves the petition, the petitioners shall forward it to the school board of the
school district to which the area is to be annexed. If that school board approves, the minor boundary
change is made.
Copies of the petitions shall also be delivered by the petitioners to the board of
county commissioners having jurisdiction over the school districts affected. Any petitioner who is
aggrieved by a decision of the school board under this section may appeal that decision.
An appeal from the decision of the school board
under this section
may be made to the circuit
court in the time and manner specified by § 13-46-1 or to the secretary of the Department of
Education or the secretary's representative within thirty days from the date of the decision of the
school board by filing a notice with the secretary of the school board and mailing a copy of the notice
to the secretary of the Department of Education. An appeal to the secretary of the Department of
Education may be heard by the secretary or the secretary's representative. The secretary of the
Department of Education shall thereafter set a time and place for the hearing and give at least ten
days' written notice of the hearing to the parties involved in the appeal, including all affected school
districts. An appeal to the secretary is not a contested case subject to chapter 1-26. An appeal from
the decision of the secretary may be made pursuant to § 13-6-89. On appeal from a decision of the
secretary, the appeal shall be heard and determined in the same manner as a direct appeal from the
school board decision pursuant to § 13-6-89 and chapter 13-46 without any presumption of the
correctness of the decision of the secretary nor may the provisions of § 1-26-36 be applied to the
decision of the secretary. Nothing in this section affects the right of an aggrieved party to appeal
from the decision of the school board to the circuit court.
"
Moved by: Brunner
Second by: Hamiel
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1297 AS AMENDED
Moved by: Brunner
Second by: Hamiel
Action: Prevailed by roll call vote. (13-1-1-0)
Voting Yes: Bolin, Brunner, Fargen, Hamiel, Hunt, Killer, Olson (Ryan), Schlekeway, Sly,
Sorenson, Van Gerpen, Vanneman, McLaughlin
Voting No: Thompson
Excused: Elliott
MOTION:
AMEND TITLE OF HB 1297
1297cta
On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "restrict the
use of minor adjustments to school district boundaries and to revise the application process for minor
boundary changes.".
On page 1, delete line 2.
Moved by: Brunner
Second by: Sly
Action: Prevailed by voice vote.
MOTION:
REMOVE HB 1279 FROM THE TABLE
Moved by: Olson (Ryan)
Second by: Sly
Action: Prevailed by roll call vote. (10-4-1-0)
Voting Yes: Bolin, Fargen, Hamiel, Hunt, Killer, Olson (Ryan), Schlekeway, Sly, Sorenson,
Thompson
Voting No: Brunner, Van Gerpen, Vanneman, McLaughlin
Excused: Elliott
MOTION:
AMEND HB 1279
1279cc
On the previously adopted amendment, 1279cb, amend as follows:
In the first sentence of Section 1, delete "physical hurt" and insert "bodily harm".
In the second sentence of Section 1, delete "that substantially disrupts the orderly operation of
a school".
In Section 3, subdivision (1), after "includes", insert "but is not limited to".
In Section 3, subdivision (4), delete ", including a requirement that an investigation be
conducted on any alleged incident of bullying or harassment committed against a child while the
child is aboard a school bus or at a school sponsored event".
In Section 4, after "remedy", insert "or report".
Delete Section 5.
1279cd
On the previously adopted amendment, (1279cb), in Section 1, delete the second paragraph and
insert:
"Harassment consists of physical or verbal conduct related to a person's race, color, religion,
creed, ancestry, national origin, gender, sexual orientation, age, disability, or other basis prohibited
by law, when the conduct is so severe, pervasive, and objective that it has the purpose of effecting
or creating an intimidating, hostile, or offensive working or academic environment, or has the
purpose or effect of substantially or unreasonably interfering with an individual's performance which
deprives the individual access to employment or academic opportunities."
Moved by: Hunt
Second by: Van Gerpen
Action: Prevailed by roll call vote. (10-4-1-0)
Voting Yes: Bolin, Brunner, Hunt, Killer, Olson (Ryan), Schlekeway, Thompson, Van Gerpen,
Vanneman, McLaughlin
Voting No: Fargen, Hamiel, Sly, Sorenson
Excused: Elliott
MOTION:
DEFER HB 1279 UNTIL FEBRUARY 20, 2009
Moved by: Van Gerpen
Second by: Brunner
Action: Prevailed by roll call vote. (8-6-1-0)
Voting Yes: Brunner, Hamiel, Hunt, Sorenson, Thompson, Van Gerpen, Vanneman, McLaughlin
Voting No: Bolin, Fargen, Killer, Olson (Ryan), Schlekeway, Sly
Excused: Elliott
HB 1257: provide for the right to possess a firearm on the campuses of public
institutions of higher education.
SUB-COMMITTEE REPORT ON HB 1257
Presented by: Representative Bill Van Gerpen, Chairman
Representative Kim Vanneman
Representative Mitch Fargen (Handouts #1 & #2)
MOTION:
DO PASS HB 1257
Moved by: Vanneman
Second by: Brunner
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1257 TO THE 41ST LEGISLATIVE DAY
Moved by: Fargen
Second by: Van Gerpen
Action: Prevailed by roll call vote. (11-3-1-0)
Voting Yes: Bolin, Fargen, Hunt, Killer, Olson (Ryan), Schlekeway, Sly, Sorenson, Thompson,
Van Gerpen, McLaughlin
Voting No: Brunner, Hamiel, Vanneman
Excused: Elliott
HB 1149: allow a person or entity to offer postsecondary education credit in South
Dakota while seeking accreditation from a recognized accrediting agency.
Presented by: Representative Thomas Brunner
Proponents: Debra Shattuck, Self, Rapid City (Handouts: #3, #4)
Sam Gingerich, Board of Regents
Opponents: Dick Tieszen, Sioux Falls School District
Dick Tieszen, Technical Institutes
MOTION:
AMEND HB 1149
1149ca
On page 1, line 12, of the printed bill, delete "
a recognized accrediting agency
" and insert "
an
accrediting agency recognized by the United States Department of Education and is offering
transferable courses and programs under an affiliation agreement with an institution accredited by
the same agency
".
Moved by: Vanneman
Second by: Hunt
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1149 AS AMENDED
Moved by: Hunt
Second by: Bolin
Action: Prevailed by roll call vote. (12-2-1-0)
Voting Yes: Bolin, Brunner, Fargen, Hamiel, Hunt, Schlekeway, Sly, Sorenson, Thompson, Van
Gerpen, Vanneman, McLaughlin
Voting No: Killer, Olson (Ryan)
Excused: Elliott
HB 1293: provide for the establishment of school administration regions and to
provide for the sharing of certain school administrators and school service specialists
among school districts.
Presented by: Representative David Lust
Proponents: Sheryl Kirkeby, Rapid City School District
Opponents: Bill Lynch, Associated School Boards of South Dakota
Ruth Krogh, Self, Buffalo
THE CHAIR DEFERRED HB 1293 UNTIL FEBRUARY 20, 2009
MOTION:
ADJOURN
Moved by: Schlekeway
Second by: Hamiel
Action: Prevailed by voice vote.
Jeanette Black
____________________________
Committee SecretaryEd McLaughlin, Chair