74th Legislative Session -- 1999

Committee: House Education

Tuesday, February 23, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brooks
P      Davis
P      Earley
P      Fitzgerald
P      Garnos
P      Hennies
P      Juhnke
P      Kooistra
P      Lockner
P      Lucas
P      McCoy
P      Eccarius, Vice-Chair
P      Brown (Richard), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Richard Brown.


MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING.

Moved by:      Representative Davis
Second by:      Representative Earley
Action:      Prevailed by voice vote.

          SB 179:   clarify the notification date requirements in the nonrenewal of certain teacher contracts.

Proponents:      Gene Enck, ASBSD
          Christie Johnson, SDSA
          Elaine Roberts, SDEA
Opponents:      None
Presented by:      Representative Thomas Hennies.

MOTION:      DO PASS SB 179



Moved by:      Representative Kooistra
Second by:      Representative Earley
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Davis, Earley, Fitzgerald, Garnos, Hennies, Juhnke, Kooistra, Lockner, Lucas, McCoy, Brown (Richard)

Excused:      Brooks, Eccarius

MOTION:      PLACE SB 179 ON CONSENT

Moved by:      Representative Davis
Second by:      Representative McCoy
Action:      Prevailed by voice vote.

          SB 127:   revise certain provisions regarding the financial arrangements school districts may have with the Health and Educational Facilities Authority.

Proponents:      Jeremiah Murphy, SD Health Educational Facilities Authority
          Gene Enck, ASBSD
Opponents:      None
Presented by:      Representative Matthew Michels

MOTION:      DO PASS SB 127

Moved by:      Representative Earley
Second by:      Representative Eccarius
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Davis, Earley, Fitzgerald, Garnos, Hennies, Juhnke, Kooistra, Lockner, Lucas, McCoy, Eccarius, Brown (Richard)

Excused:      Brooks

          SB 193:   revise the school term.

Proponents:      Elaine Roberts, SDEA
          Janelle Toman, DECA
          Gene Enck, ASBSD
          Christie Johnson, SDSA
Opponents:      None
Presented by:      Senator Dick Hainje

MOTION:      AMEND SB 193

c-193

     On page 1 , line 12 of the printed bill , overstrike " a nine month regular term " and insert " nine hundred sixty-two and one-half hours, exclusive of intermissions, " .

     On page 1 , line 13 , overstrike everything after " basis, " .

     On page 1 , line 14 , overstrike everything before " and " .

     On page 1 , line 16 , overstrike " The rules may " .

     On page 2 , line 1 , overstrike everything before " and " .

     On page 2 , line 2 , overstrike " if the total school term hours " .

     On page 2 , line 3 , overstrike everything before " The " .

     On page 2 , line 13 , overstrike " one hundred seventy-five days " and insert " nine hundred sixty- two and one-half hours " .


Moved by:      Representative Eccarius
Second by:      Representative Earley
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 193 AS AMENDED

Moved by:      Representative Earley
Second by:      Representative Juhnke
Action:      Prevailed by roll call vote.   (7-5-1-0)

Voting yes:      Earley, Garnos, Hennies, Juhnke, McCoy, Eccarius, Brown (Richard)

Voting no:      Davis, Fitzgerald, Kooistra, Lockner, Lucas

Excused:      Brooks

          SB 209:   provide certain incentives for school consolidation.

Proponents:      George Levin, Agar School
          Representative Mitch Richter
          Gene Enck, ASBSD
          Christie Johnson, SDSA
          Dianna Miller, ESD+5
          Elaine Roberts, SDEA
Opponents:      None
Presented by:      Dave Knudson, Governor's Office

MOTION:      AMEND SB 209

c-209

     On page 2 , after line 5 of the printed bill , insert:

"
     Section 3. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

     If two or more school districts consolidate, for a period of four years after consolidation, the newly formed district may opt to have its state aid calculated based on the school districts as they existed prior to consolidation. In years two to four, inclusive, after the consolidation of two or more school districts, the adjusted average daily memberships and the local efforts of the former districts may be based upon a pro-rata share of the adjusted average daily membership and local effort of the newly formed district as compared to the adjusted average daily memberships and the local efforts of the former districts in the first year. Any district that opts to benefit from this section shall notify the secretary of the Department of Education and Cultural Affairs of its intent to do so as part of its reorganization plan. A district that benefits from this section may not benefit from § 13-13-10.1 or section 2 of this Act simultaneously, or in future years.

     Section 4. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

     In years five to eight, inclusive, after the consolidation of two or more school districts that opted to benefit from section 3 of this Act, state aid shall be calculated as follows:

     (1) Calculate state aid pursuant to § 13-13-73;
     (2) Notwithstanding the four-year time limit, calculate state aid pursuant to section 3 of this
Act;      (3) Subtract the results of subdivision (1) from the results of subdivision (2);
     (4) Multiply the results of subdivision (3) by eighty percent in the fifth year, sixty percent in the sixth year, forty percent in the seventh year, and twenty percent in the eighth year;
     (5) Add the results of subdivision (1) and the results of subdivision (4). "



Moved by:      Representative Earley
Second by:      Representative Davis
Action:      Was not acted on.

MOTION:      AMEND SB 209

c-209a

     On page 2 , after line 5 of the printed bill , insert:

"      Section 3. That chapter 13-5 be amended by adding thereto a NEW SECTION to read as follows:

     Cooperative education service units organized pursuant to this chapter shall file annually with the Department of Education and Cultural Affairs audits of their operation and disclosure statements of all funding sources. "



Moved by:      Representative Fitzgerald
Second by:      Representative McCoy
Action:      Was not acted on.

The Chair deferred SB 209 until Thursday's Meeting.

MOTION:      ADJOURN

Moved by:      Representative Hennies
Second by:      Representative McCoy
Action:      Prevailed by voice vote.



Jean Smith

_________________________________

Committee Secretary
Richard “Dick” E. Brown, Chair


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