76th Legislative Session _ 2001

Committee: Senate Education
Thursday, February 08, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Daugaard
P    Ham
P    Hutmacher
P    McIntyre
P    Munson
P    Olson (Ed), Vice-Chair
P    Brosz, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Brosz

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 6, 2001

Moved by:    Olson (Ed)
Second by:    Munson
Action:    Prevailed by voice vote.

Vice-Chair Olson assumed the gavel.

         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.

Presented By:    Senator Brosz

MOTION:     AMEND SB 146

146da
     On page 1, line 9 of the printed bill, after " minutes " insert "after a public hearing".

     On page 1 , line 14, delete " Any person " and insert "The school board".

     On page 1 , line 15, delete " who does not implement the recommendations " and insert "shall do so in a timely manner.".

     On page 2 , delete line 1 .

     On page 2 , line 3, delete " 1960 " and insert "1950".

     On page 2 , line 3, after " licensed " insert "state".

     On page 2 , line 4, delete " 2001 " and insert "2002".

     On page 2 , line 6, after " minutes " insert "after a public hearing. The results of the inspection shall be filed with the Department of Education and Cultural Affairs".

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)

146cb
     On page 2 , after line 6, insert:

"
     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.

     Section 5. That § 6-8B-2 be amended to read as follows:

     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.

     Section 6. That § 13-16-6.4 be amended to read as follows:

     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

146cc
     On page 2 , after line 6, insert:

"
     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.

     Section 5. That § 6-8B-2 be amended to read as follows:

     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.

     Section 6. That § 13-16-6.4 be amended to read as follows:

     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)



Voting Yes:    Ham, Brosz

Voting No:    Daugaard, Hutmacher, McIntyre, Munson, Olson (Ed)

MOTION:     AMEND SB 146

146cb
     On page 2 , after line 6, insert:

"
     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.

     Section 5. That § 6-8B-2 be amended to read as follows:

     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.

     Section 6. That § 13-16-6.4 be amended to read as follows:

     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

146dta
     On page 1, line 2 of the printed bill, delete " , to provide for certain penalties, " .

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

14ca
     On page 2, line 22 of the printed bill, overstrike " § §  13-37-36 and 13-37-43 " and insert " §  13-37- 36.3".

     On page 3 , after line 24, insert:

"      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

14cd
     On page 1, line 11 of the printed bill, delete " participating state university under the control of the " and insert "postsecondary school in South Dakota".

     On page 1 , line 12, delete " board " .

Moved by:    Munson
Second by:    Ham
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Ham, McIntyre, Munson, Olson (Ed)



Voting No:    Daugaard, Hutmacher, Brosz

MOTION:     DO PASS SB 14 AS AMENDED

Moved by:    Munson
Second by:    McIntyre
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Daugaard, Ham, Hutmacher, McIntyre, Munson, Olson (Ed), Brosz

MOTION:     REFER TO Appropriations

Moved by:    Brosz
Second by:    Ham
Action:    Prevailed by voice vote.

Chair Brosz assumed the gavel.

         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

160cc
     On page 1, after line 10 of the printed bill, insert:

"    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

164fa
     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 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.

     An appeal from the decision of the school board 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 and Cultural Affairs or his 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 thereof to the secretary of the Department of Education and Cultural Affairs. An appeal to the secretary of the Department of Education and Cultural Affairs may be heard by the secretary or his representative . The secretary of the Department of Education and Cultural Affairs 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 shall affect the right of an aggrieved party to appeal from the decision of the school board to the circuit court. "

Moved by:    Ham
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.

MOTION:     TO AMEND TITLE OF SB 164

164fta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise the provisions concerning minor boundary changes of a school district.".

Moved by:    Hutmacher
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.

The Chair deferred SB 164 until Tuesday, February 13, 2001.

         SB 234: provide for the development and administration of certain standardized academic achievement tests.

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

234ta
     On page 1, line 13 of the printed bill, delete " during the 1998-1999 " and insert " during the 1998- 1999 in the spring of the ".

     On page 2 , line 8, after " discuss " insert ", develop, and make recommendations concerning".

     On page 2 , line 11, delete " Three teachers " and insert "Two teachers and one counselor".

     On page 2 , line 12, delete " Two school board members " and insert "One school board member".

     On page 2 , line 13, delete " One school administrator " and insert "Two school administrators".

Moved by:    Hutmacher
Second by:    Ham
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 234

234tc
     On page 2, line 1 of the printed bill, after " standards. " insert " The requirements of this section pertaining to criterion-referenced tests to be administered to students in grades three, six, and ten do not apply to students who are receiving alternative instruction pursuant to § 13-27-3. ".

Moved by:    Daugaard
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.

Nancy Benson

____________________________

Committee Secretary
Don Brosz, Chair


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