March 2, 2009    


The Honorable Tim Rave
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Speaker Rave and Members of the House of Representatives,

I herewith return House Bill 1171 and VETO the same.

House Bill 1171 is entitled, An Act to exempt any school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county.

The title of the bill aptly describes what House Bill 1171 does. While creating a connection between the county and a high school was argued by the proponents, I believe the real purpose of the bill is to exempt the Herreid School District from the minimum school size of 100, as stipulated by SDCL 13-6-97.

An unintended consequence of House Bill 1171 may be to exempt other school districts from provisions of SDCL 13-6-97. There are 22 counties in eastern South Dakota which are smaller than Campbell County. The protection House Bill 1171 seeks to provide may be extended to school districts which have fewer students than the Herreid School District in counties much smaller than Campbell County. As such, I believe artificial lines on a map should not be the basis for an exemption from the reorganization requirement. Instead, I believe physical factors, such as distance from another secondary school, land area of the school district, and other geographic circumstances need to be the basis by which to consider an exemption to SDCL 13-6- 97. Exemptions to SDCL 13-6-97 should be considered only when there are significant factors which limit the ability of a school district to reorganize with another school district. Again, those factors should be the basis for law, not arbitrary boundaries which are over
100 years old.

Testimony provided by proponents to House Bill 1171 indicated the Herreid School District is not currently below the minimum school size of 100. Also, proponents to House Bill 1171 testified in the Education Committees the school district's enrollment is not likely to fall below 100 students in the near future. Current enrollment data from the


The Honorable Tim Rave
Page 2
March 2, 2009

Department of Education indicate 2008 K-12 enrollment at 132 students. It also appears enrollment for the past 5 years has been relatively stable: 2007 fall enrollment (129), 2006 (133), 2005 (140), 2004 (140). The data further indicate the Herreid School District enrollments will not fall below the 100 minimum in the near future. Grades K-5 currently have 44 students, grades 6-8 have 40 students, and the high school grades 9- 12 have 42 students.

Testimony given by members of the community described very positive activity for economic development in the Herreid area. I commend the leadership of the community for their efforts to bring businesses to the region. Economic growth in Herreid should yield more jobs and, thus, more families moving into the area. This will help stabilize, if not increase, enrollment for the Herreid School District.

Over the course of the past 2 years, the school districts of Conde, Harrald, Polo, Carthage, South Shore, Northwestern, and most recently Wood, have all reorganized. They have reorganized with other school districts in compliance with state law.

Because these reorganized school districts have complied with the provisions of
SDCL 13-6-97, I believe it is a harmful precedent to exempt a school district from the provisions of SDCL 13-6-97 based solely upon an arbitrary factor such as a county boundary. I believe it is unfair to the citizens of these districts, who have complied with the law, to allow the exception provided by House Bill 1171. All these communities have made difficult decisions and sacrifices necessary to reorganize. House Bill 1171 may be seen as an injustice to these citizens.

I urge the sponsors and the proponents of House Bill 1171 to consider an exception or exceptions to the provisions of SDCL 13-6-97 which are based upon geographic or other considerations which may impair the ability of a school district to efficiently reorganize with another school district.

Therefore, I respectfully request that you concur with my action.

Respectfully submitted,


M. Michael Rounds
Governor