2017 Conference Committees - SB 35 Minutes

When a bill or resolution has passed its house of origin, it is presented to the other house for its consideration. If the other house should amend the bill or resolution as passed by the house of origin, it is returned to the house of origin for approval of the changes. If the house of origin does not agree to the changes, one house or the other can request that a conference committee be established to work out an agreement. Upon the request of one house, the other house must appoint three members from its body to meet with three members of the requesting house.

For a bill to become law, identical versions of the bill must pass both the Senate and House of Representatives for consideration by the Governor.

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92nd Legislative Session _ 2017

Committee: 35 A 3/10/2017 10:00:00 AM
Friday, March 10, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Peters, Chair
P    Sutton
P    Tidemann
P    Anderson, Vice-Chair
P    Bartels
P    Ahlers

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Deb Peters.

MOTION:    AMEND SB 35

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    On page 1, line 6, of the House engrossed bill, delete "ninety-five" and insert "ninety-seven".

    On page 1, line 11, overstrike "fifty-six and eight" and insert "fifty and seven".

    On page 2, line 2, delete "thirty-six and three" and insert "thirty-seven and two".

    On page 4, line 5, delete "2017 2018" and insert "2017".

    On page 8, between lines 17 and 18, insert:

"    Section 4. That § 13-37-16 be amended to read:

    13-37-16. For taxes payable in 2017 2018, and each year thereafter, the school board shall levy no more than one dollar and fifty and five tenths forty-six and one tenth cents per thousand dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount

so determined to be necessary, and such levy shall be spread against all of the taxable property of the district. The proceeds derived from such levy shall constitute a school district special education fund of the district for the payment of costs for the special education of all children in need of special education or special education and related services who reside within the district pursuant to the provisions of §§ 13-37-8.2 to 13-37-8.10, inclusive. The levy in this section shall be based on valuations such that the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. The total amount of taxes that would be generated at the levy pursuant to this section shall be considered local effort. Money in the special education fund may be expended for the purchase or lease of any assistive technology that is directly related to special education and specified in a student's individualized education plan. This section does not apply to real property improvements.

    Section 5. That § 13-37-35.1 be amended to read:

    13-37-35.1. Terms used in chapter 13-37 mean:

            (1)    "Level one disability," a mild disability;
            (2)    "Level two disability," cognitive disability or emotional disorder;
            (3)    "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;
            (4)    "Level four disability," autism;
            (5)    "Level five disability," multiple disabilities;
            (5A)    "Level six disability," prolonged assistance;
            (6)    "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;
            (7)    "Local effort," shall be calculated for taxes payable in 2016 2018 and thereafter using a special education levy of one dollar and thirty and five tenths twenty-six and one tenth cents per one thousand dollars of valuation;
            (8)    "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 2016, is $5,456. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (9)    "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 2016, is $12,592. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (10)    "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 2016, is $16,049. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (11)    "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 2016, is $15,564. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (12)    "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 2016, is $27,799. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (12A)    "Allocation for a student with a level six disability," for the school fiscal year beginning July 1, 2016, is $8,007. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
            (13)    "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules promulgated pursuant to § 13-37-1.1;
            (14)    "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except any nonresident student who is in the care and custody of a state agency and is attending a public school and any student for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;
            (15)    "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;
            (16)    "Nonpublic fall enrollment," the number of children under age eighteen, who are approved for alternative instruction pursuant to § 13-27-2 on the last Friday of September of the previous school year plus:
            (a)    For nonpublic schools located within the boundaries of a public school district with a fall enrollment of six hundred or more on the last Friday of September of the previous school year, the number of kindergarten through twelfth grade students enrolled on the last Friday of September of the previous regular school year in all nonpublic schools located within the boundaries of the public school district;
            (b)    For nonpublic schools located within the boundaries of a public school district with a fall enrollment of less than six hundred on the last Friday of September of the previous school year, the number of resident kindergarten through twelfth grade students enrolled on the last Friday of September of the previous school year in all nonpublic schools located within the State of South Dakota;
            (17)    "Special education fall enrollment," fall enrollment plus nonpublic fall enrollment;
            (18)    "Local need," an amount to be determined as follows:
            (a)    Multiply the special education fall enrollment by 0.1 and multiply the result by the allocation for a student with a level one disability;
            (b)    Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;
            (c)    Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;
            (d)    Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;
            (e)    Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;
            (f)    Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;
            (g)    When calculating local need at the statewide level, include the amount set aside for extraordinary costs defined in § 13-37-40;
            (h)    When calculating local need at the statewide level, include the amount set aside for the South Dakota School for the Blind and Visually Impaired;
            (i)    Sum the results of (a) to (h), inclusive;
            (19)    "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.305 $1.261. The maximum effort factor is 1.0.

    Section 6. That § 13-39-75 be amended to read:

    13-39-75. The presidents of the postsecondary technical institutes, acting pursuant to rules established by the State Board of Education, shall use the money provided pursuant to § 13-1-65 SL 2016, chapter 65 to increase instructor salaries to competitive levels at each postsecondary technical institute. The amount of money provided each year shall be increased by the index factor as defined in § 13-13-10.1. ".


    On page 8, delete lines 18 to 24, inclusive.

    On page 9, delete lines 1 to 10, inclusive.


Moved by:    Tidemann
Second by:    Ahlers
Action:    Prevailed by voice vote.

MOTION:    AMEND TITLE OF SB 35

35fta

    On page 1, line 1, of the House engrossed bill, after "general" insert "and special".


Moved by:    Tidemann
Second by:    Ahlers
Action:    Prevailed by voice vote.

MOTION:    TO ADOPT THE CONFERENCE COMMITTEE REPORT ON SB 35 AS AMENDED.

Moved by:    Tidemann
Second by:    Ahlers
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Peters, Sutton, Tidemann, Anderson, Bartels, Ahlers

MOTION:    ADJOURN

Moved by:    Bartels
Second by:    Anderson
Action:    Prevailed by voice vote.

Barb Bjorneberg

____________________________

Committee Secretary
Deb Peters, Chair


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