AMENDMENT FOR PRINTED BILL
134cb
___________________ moved that SB 134 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
(1)
"Average daily membership,"
the greater of (1)
the average number of resident and
nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by
the school district during the previous regular school year, minus average number of
pupils for whom the district receives tuition, except pupils described in subdivision (1A)
and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average
number of pupils for whom the district pays tuition
or (2) the average of the average
number of resident and nonresident kindergarten through twelfth grade pupils enrolled in
all schools operated by the school district during the previous regular school year and the
school year prior to the previous regular school year, minus the average number of pupils
for whom the district receives tuition, except pupils described in subdivision (1A) and
pupils for whom tuition is being paid pursuant to
§
13-28-42 and plus the average number
of pupils for whom the district pays tuition
;
(1A)
Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the average daily
membership of the receiving district when enrolled in the receiving district. When
counting a student who meets these criteria in its general enrollment average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its general enrollment average daily membership after
the student ceases to attend school in the resident district;
(2)
"Adjusted average daily membership," calculated as follows:
(a)
For districts with an average daily membership of two hundred or less, multiply 1.2
times the average daily membership;
(b)
For districts with an average daily membership of less than six hundred, but greater
than two hundred, raise the average daily membership to the 0.8293 power and
multiply the result times 2.98;
(c)
For districts with an average daily membership of six hundred or more, multiply
1.0 times their average daily membership;
(2A) "Sparse school district," a school district which, during the previous school year: levies
ad valorem taxes at the maximum rates allowed pursuant to
§
10-12-42 or more; has an
average daily membership of less than six hundred; has a geographical area of more than
five hundred square miles; has at least five miles between its attendance center or centers
and that of an adjoining district; and has an average daily membership per square mile of
0.6 or less;
(2B) "Sparsity average daily membership," calculated as follows:
(a) For sparse school districts, divide the average daily membership by the area of the
school district in square miles;
(b) If the result of subsection (a) of this subdivision is 0.6 or less, multiply the quotient
obtained in subsection (a) times negative 0.014;
(c) Add 0.14 to the result of subsection (b) of this subdivision; and
(d) Multiply the result of subsection (c) of this subdivision times the average daily
membership;
(3)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of the
United States Department of Labor for the year before the year immediately preceding the
year of adjustment or three percent, whichever is less;
(4)
"Per student allocation," for school fiscal year 2006 is $4,237.72. Each school fiscal year
thereafter, the per student allocation is the previous fiscal year's per student allocation
increased by the index factor;
(5)
"Local need," the per student allocation multiplied by the
sum of the
adjusted average
daily membership
plus the sparsity average daily membership
;
(6)
"Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to § 10-12-42;
(7)
"General fund balance," the unreserved fund balance of the general fund, less general fund
exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of
the general fund for the previous school fiscal year;
(8)
"General fund balance percentage," is a school district's general fund balance divided by
the school district's total general fund expenditures for the previous school fiscal year, the
quotient expressed as a percent;
(9)
"General fund base percentage," is the general fund balance percentage as of June 30,
2000. However, the general fund base percentage can never increase and can never be less
than twenty percent;
(10)
"Allowable general fund balance," the fund base percentage multiplied by the district's
general fund expenditures in the previous school fiscal year;
(11)
"Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5
percentage points;
(12)
"General fund exclusions," revenue a school district has received from the imposition of
the excess tax levy pursuant to § 10-12-43; revenue a school district has received from
gifts, contributions, grants, or donations; revenue a school district has received under the
provisions of §§ 13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set
aside for a noninsurable judgment.
Section 2. That
§
4-5-29.2
be amended to read as follows:
4-5-29.2.
Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the
market value of the education enhancement trust fund as of December 31, 2003, and each calendar
year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment
officer shall calculate an amount equal to four
and eight tenths
percent of that market value, without
invading principal, as eligible for distribution. For the purpose of this section, the term, principal,
means the sum of all contributions to the fund. Beginning with the distribution in fiscal year 2007,
the market value shall be determined by adding the market value of the trust fund at the end of the
sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen.
Upon notice of that amount by the state investment officer, the state treasurer shall transfer the
amount from the education enhancement trust fund to the state general fund as soon as practicable
after July first of the next fiscal year.
Section 3. The state treasurer shall transfer from the state general fund an amount equal to eight
tenths percent of the fair value of the education enhancement trust fund calculated in
§
4-5-29.2 from
the education enhancement trust fund to the sparse school district fund which is hereby created in
the state treasury. The purpose of the fund is to provide funding to sparse school districts as defined
in subdivision 13-13-10.1(2A).
Section 4. There is hereby appropriated from the sparse school district fund the sum of three
million dollars ($3,000,000), or so much thereof as may be necessary, to the Department of
Education for distribution to sparse school districts pursuant to this Act.
Section 5. The secretary of the Department of Education shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act."