P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Brosz
MOTION:
TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 6, 2001
SB 146: require that certain findings and recommendations of the state fire marshal
be included in a school board's minutes, to provide for certain penalties, and to
require certain inspections.
E - Excused
A - Absent
P Daugaard
P Ham
P Hutmacher
P McIntyre
P Munson
P Olson (Ed), Vice-Chair
P Brosz, Chair
Moved by: Olson (Ed)
Second by: Munson
Action: Prevailed by voice vote.
Vice-Chair Olson assumed the gavel.
Presented By: Senator Brosz
MOTION:
AMEND SB 146
Moved by: Ham
Second by: Hutmacher
Action: Prevailed by voice vote.
MOTION:
AMEND SB 146
Proponents: Christie Johnson, School Administrators of S.D. (As Amended)
Gene Enck, Associated School Boards of S.D. (As Amended)
"
Section 4. That
§
1-24-19
be amended to read as follows:
1-24-19. Notwithstanding the provisions of Titles 7, 9, and 13, two or more political subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to establish an administrative or separate legal entity upon a motion approved by a majority vote of all participating governing bodies. Such agreement may be entered into for economic development purposes or to provide greater efficiency or improved services among the governing bodies entering into the agreement. The governing body of the joint entity shall be composed of the elected officials from the participating governing bodies. The agreement shall set forth the portion of support provided by each governing body. The joint entity may not levy property taxes, but may operate enterprise functions, set fees for services, employ staff, and own real or personal property. The joint
entity may borrow funds to finance the purchase of real or personal property or to construct facilities.
Any financing by bonds or other method shall require approval by more than
sixty
fifty
percent of
the members of each participating governing board. The joint entity may enter into multiyear
contracts. The joint entity shall follow all statutory requirements for public notice of meetings,
publication of minutes, open meetings, the letting of public contracts, conflict of interest, disposal
of surplus property, and audits.
6-8B-2.
Unless otherwise provided, no bonds may be issued either for general or special purposes
by any public body unless at an election
sixty
fifty
percent of voters of the public body voting upon
the question vote in favor of issuing the bonds. The election shall be held in the manner described
by law for other elections of the public body.
13-16-6.4.
Approval to enter into an agreement or issue capital outlay certificates to which
§
3-16-6.3 applies is subject to a referendum if five percent of the registered voters, based upon the
total number of registered voters at the last preceding general election, petition, within twenty days
thereafter, to have the question of approval or disapproval of the agreement or issue of capital outlay
certificates or the lease-purchase agreement placed upon the ballot at the next regular election or at
a special election called for that purpose. The business manager shall give notice of the fact that the
question will be on the ballot at a regular or special election as provided by law for school elections
and prepare official ballots therefor according to the provisions of this title relating to elections and
the issue shall be decided by
sixty
fifty
percent of those voting thereon.
Section 7. That
§
13-16-26.2
be repealed.
13-16-26.2.
Notwithstanding the provisions of
§
13-16-26, no school district may transfer any
funds, exclusive of federal funds, from the general fund to the capital outlay fund.
".
Moved by: Hutmacher
Second by: McIntyre
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 146
1-24-19.
Notwithstanding the provisions of Titles 7, 9, and 13, two or more political
subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to
establish an administrative or separate legal entity upon a motion approved by a majority vote of all
participating governing bodies. Such agreement may be entered into for economic development
purposes or to provide greater efficiency or improved services among the governing bodies entering
into the agreement. The governing body of the joint entity shall be composed of the elected officials
from the participating governing bodies. The agreement shall set forth the portion of support
provided by each governing body. The joint entity may not levy property taxes, but may operate
enterprise functions, set fees for services, employ staff, and own real or personal property. The joint
entity may borrow funds to finance the purchase of real or personal property or to construct facilities.
Any financing by bonds or other method shall require approval by more than
sixty
fifty
percent of
the members of each participating governing board. The joint entity may enter into multiyear
contracts. The joint entity shall follow all statutory requirements for public notice of meetings,
publication of minutes, open meetings, the letting of public contracts, conflict of interest, disposal
of surplus property, and audits.
6-8B-2.
Unless otherwise provided, no bonds may be issued either for general or special purposes
by any public body unless at an election
sixty
fifty
percent of voters of the public body voting upon
the question vote in favor of issuing the bonds. The election shall be held in the manner described
by law for other elections of the public body.
13-16-6.4.
Approval to enter into an agreement or issue capital outlay certificates to which
§
3-16-6.3 applies is subject to a referendum if five percent of the registered voters, based upon the
total number of registered voters at the last preceding general election, petition, within twenty days
thereafter, to have the question of approval or disapproval of the agreement or issue of capital outlay
certificates or the lease-purchase agreement placed upon the ballot at the next regular election or at
a special election called for that purpose. The business manager shall give notice of the fact that the
question will be on the ballot at a regular or special election as provided by law for school elections
and prepare official ballots therefor according to the provisions of this title relating to elections and
the issue shall be decided by
sixty
fifty
percent of those voting thereon.
".
Moved by: Brosz
Second by: Ham
Action: Failed by roll call vote.(2-5-0-0)
"
Section 4. That
§
1-24-19
be amended to read as follows:
1-24-19.
Notwithstanding the provisions of Titles 7, 9, and 13, two or more political
subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to
establish an administrative or separate legal entity upon a motion approved by a majority vote of all
participating governing bodies. Such agreement may be entered into for economic development
purposes or to provide greater efficiency or improved services among the governing bodies entering
into the agreement. The governing body of the joint entity shall be composed of the elected officials
from the participating governing bodies. The agreement shall set forth the portion of support
provided by each governing body. The joint entity may not levy property taxes, but may operate
enterprise functions, set fees for services, employ staff, and own real or personal property. The joint
entity may borrow funds to finance the purchase of real or personal property or to construct facilities.
Any financing by bonds or other method shall require approval by more than
sixty
fifty
percent of
the members of each participating governing board. The joint entity may enter into multiyear
contracts. The joint entity shall follow all statutory requirements for public notice of meetings,
publication of minutes, open meetings, the letting of public contracts, conflict of interest, disposal
of surplus property, and audits.
6-8B-2.
Unless otherwise provided, no bonds may be issued either for general or special purposes
by any public body unless at an election
sixty
fifty
percent of voters of the public body voting upon
the question vote in favor of issuing the bonds. The election shall be held in the manner described
by law for other elections of the public body.
13-16-6.4. Approval to enter into an agreement or issue capital outlay certificates to which § 3-16-6.3 applies is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days thereafter, to have the question of approval or disapproval of the agreement or issue of capital outlay certificates or the lease-purchase agreement placed upon the ballot at the next regular election or at
a special election called for that purpose. The business manager shall give notice of the fact that the
question will be on the ballot at a regular or special election as provided by law for school elections
and prepare official ballots therefor according to the provisions of this title relating to elections and
the issue shall be decided by
sixty
fifty
percent of those voting thereon.
Section 7. That
§
13-16-26.2
be repealed.
13-16-26.2.
Notwithstanding the provisions of
§
13-16-26, no school district may transfer any
funds, exclusive of federal funds, from the general fund to the capital outlay fund.
".
Moved by: Hutmacher
Second by: McIntyre
Action: Failed by voice vote.
MOTION:
DO PASS SB 146 AS AMENDED
Moved by: Daugaard
Second by: Ham
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Daugaard, Ham, McIntyre, Munson, Olson (Ed), Brosz
Voting No: Hutmacher
MOTION:
TO AMEND TITLE OF SB 146
Moved by: Brosz
Second by: Ham
Action: Prevailed by voice vote.
SB 14: create the South Dakota teacher forgivable loan program and to appropriate
money therefor.
Presented By: Senator Brosz
Proponents: Carol Stonefield, Director of Information, South Dakota Board of Regents
(Document #1)
Christie Johnson, School Administrators of S.D.
Gene Enck, Associated School Boards of S.D.
Elaine Roberts, South Dakota Education Association
Representative Kent Juhnke
Jeremiah Murphy, South Dakota Foundation of Independent Colleges
MOTION:
AMEND SB 14
"
Section 9. Students who serve in accredited elementary or secondary schools in areas of critical
need shall receive loan repayment credit at the rate of one semester of loan forgiveness per full year
of service.".
Moved by: Daugaard
Second by: Ham
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 14 AS AMENDED
Moved by: Hutmacher
Action: Failed for lack of a second.
MOTION:
AMEND SB 14
Moved by: Munson
Second by: Ham
Action: Prevailed by roll call vote.(4-3-0-0)
Voting Yes: Ham, McIntyre, Munson, Olson (Ed)
SB 160: prohibit the offering of postsecondary education credit or degree by
nonaccredited institutions.
Presented By: Senator Arnold Brown
Proponents: Jim Shekleton, General Counsel, Board of Regents (Documents #2, #3, #4)
Charles McGuigan, Attorney General's Office (Documents #5, #6)
Representative McCoy
MOTION:
AMEND SB 160
" The provisions of this section do not apply to a religious institution that offers credit or degree
solely for the purpose of conferring status or authority within that religion."
Moved by: Olson (Ed)
Second by: Ham
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 160 AS AMENDED
Moved by: Ham
Second by: Olson (Ed)
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Daugaard, Ham, Hutmacher, McIntyre, Munson, Olson (Ed), Brosz
SB 164: revise the calculation of state aid to education.
Presented By: Senator Albers
MOTION:
AMEND SB 164
"
Section 1. That
§
13-6-85
be amended to read as follows:
13-6-85.
A boundary change, affecting not more than
two
one
percent of the assessed valuation
and not more than
two
one
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, may be made
upon an application for a 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 over fifty percent of the voters residing in the area to be
transferred by the boundary change. 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.
Moved by: Ham
Second by: Olson (Ed)
Action: Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF SB 164
Moved by: Hutmacher
SB 234: provide for the development and administration of certain standardized
academic achievement tests.
Second by: Olson (Ed)
Action: Prevailed by voice vote.
The Chair deferred SB 164 until Tuesday, February 13, 2001.
Presented By: Senator Dan Sutton
Proponents: Ray Christensen, Secretary, Department of Education & Cultural Affairs
Gene Enck, Associated School Boards of S.D.
Christie Johnson, School Administrators of S.D.
Elaine Roberts, South Dakota Education Association
Opponents: Mark Gerdes, St. Margaret's Fellowship & self, Sioux Falls
Mary Daly, AIA & self, Sioux Falls
MOTION:
AMEND SB 234
Moved by: Hutmacher
Second by: Ham
Action: Prevailed by voice vote.
MOTION:
AMEND SB 234
Moved by: Daugaard
Nancy Benson
Second by: Ham
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 234 AS AMENDED
Moved by: Daugaard
Second by: Ham
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Daugaard, Ham, Hutmacher, McIntyre, Munson, Olson (Ed), Brosz
MOTION:
ADJOURN
Moved by: Olson (Ed)
Second by: Ham
Action: Prevailed by voice vote.
Committee Secretary
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