82nd Legislative Session _ 2007

Conference Committee: SB 157, HB 1171, and HB 1082
Saturday, March 03, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Hargens
P    Deadrick
P    Rhoden, Chair
P    Heidepriem
P    Olson (Ed)
P    Knudson, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Larry Rhoden

         SB 157: revise the funding for K-12 education and to create a teacher compensation assistance program.

MOTION:     AMEND SB 157

157cp
     On page 3, line 15 of the House State Affairs Committee engrossed bill, delete " $4,237.72 " and insert " the per student allocation ".

     On page 3 , line 18, delete " $4,237.72 " and insert " the per student allocation ".

Moved by:    Heidepriem
Second by:    Hargens
Action:    Failed by roll call vote.(2-4-0-0)

Voting Yes:    Hargens, Heidepriem



Voting No:    Deadrick, Rhoden, Olson (Ed), Knudson

MOTION:     AMEND SB 157

157cq
     On page 3, between lines 18 and 19 of the House State Affairs Committee engrossed bill, insert:

"

             (2A)    "State general fund revenue," all revenue deposited into the state's general fund; ".

     On page 3 , line 22, overstrike " three percent, whichever is less " and insert " four and three-tenths percent, whichever is greater. However, the index factor may not exceed the annual percentage change in the state general fund revenue for the year prior to the year immediately preceding the year of adjustment ".

Comments:    Dick Tieszen - Sioux Falls School District
        Bob O'Connell - Sioux Falls Chamber
        Wayne Lueders - Alliance for Education
        David Owen - South Dakota Chamber of Commerce

Moved by:    Heidepriem
Second by:    Hargens
Action:    Failed by roll call vote.(2-4-0-0)

Voting Yes:    Hargens, Heidepriem

Voting No:    Deadrick, Rhoden, Olson (Ed), Knudson

MOTION:     AMEND SB 157

157cw
     On page 1 of the House State Affairs Committee engrossed bill, remove the overstrikes from lines 6 to 13 , inclusive.

     On page 2 , remove the overstrikes from lines 1 to 15 , inclusive, and insert ";".

     On page 2 , line 15, before " "Fall " insert " (1B) ".

     On page 2 , line 22, delete everything after " . " .

     On page 2 , delete line 23 .

     On page 2 , line 24, delete everything before " When " .

     On page 3 , line 5, delete " (1A) " and insert " (1C) ".
    
     On page 3 , line 11, overstrike everything after " . " .
    
     On page 3 , delete line 12 .

     On page 3 , line 15, delete everything before " $4,237.72 " .
        
     On page 3, line 23, overstrike " 2006 is $4,237.72 " and insert " 2008 is $4,528.80 ".
    
     On page 4 , line 5, before ";" insert:

" ; and

             (c)    The payment distributed pursuant to section 9, if applicable ".

     On page 4 , line 21, overstrike " can never increase and " .

     On page 5 , delete lines 10 to 24 , inclusive, and insert:

"      Section 2. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

     Any school district that has a fall enrollment, as defined in   §  13-13-10.1, of less than one hundred and is not a sparse school district, as defined in §  13-13-78, shall reorganize with another school district or school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. Any school district that is not sparse and has a fall enrollment of one hundred or less on July 1, 2007, shall prepare a plan for reorganization by June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse falls to one hundred or below, that school district shall prepare a plan for reorganization within two years. If any such district fails to prepare a plan for reorganization by the deadline, the Board of Education shall prepare a reorganization plan for the district. However, the provisions of this section do not apply to any school district that contracts with a school district in another state pursuant to §  13-15-11 to provide for the education of children in grades seven through twelve who reside within the district, that receives no foundation program state aid distributed pursuant to chapter 13-13, and that is located at least twenty-five miles from the nearest high school in an adjoining school district in the state.

     Section 3. That § 13-6-92 be amended to read as follows:

     13-6-92.   If two or more school districts consolidate after July 1, 2001 and prior to July 1, 2007 , the new school district is entitled to an additional three hundred dollars per average daily

membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to July 1, 2007 , the new school district is entitled to an additional two hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to July 1, 2007 , the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13- 10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

     If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional six hundred dollars per fall enrollment as defined in this Act, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional two hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation. ".

     On page 6 , delete lines 1 to 15 , inclusive.

     On page 6 , delete lines 20 to 24 , inclusive, and insert:

"
     Section 7. That § 13-13-1.4 be amended to read as follows:

     13-13-1.4.   If two or more school districts consolidate, for a period of four years after consolidation, the adjusted average daily membership small school adjustment for the newly formed district shall be based upon the average daily membership as defined in § 13-13-10.1 of those school districts that have not previously benefited from this section as they existed prior to consolidation. In years two to four, inclusive, after the consolidation, the relationship between the adjusted average daily membership and average daily membership shall be proportional to the relationship that existed for the first year calculated by subtracting the sum of the average daily membership of the consolidating districts as they existed prior to consolidation from the sum of the adjusted average daily membership of the consolidated districts as they existed prior to consolidation, and dividing the difference by the sum of the average daily membership of the consolidated districts as they

existed prior to consolidation. The resulting quotient is multiplied by $4,237.72. Only school districts who have not previously benefited from this section may be included in this calculation . ".


     On page 7 , delete lines 1 to 4 , inclusive.

     On page 8 , line 9, before " ; " insert " plus the amount of any payments received pursuant to section 9 of this Act ".

     On page 14 , delete lines 7 to 24 , inclusive.

     On page 15 , line 5, after " 13-6-47 " insert " after July 1, 2007 ".

     On page 15 , line 6, after " transfer " insert " within twelve months of the reorganization ".

    
Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(4-2-0-0)

Voting Yes:    Deadrick, Rhoden, Olson (Ed), Knudson

Voting No:    Hargens, Heidepriem

MOTION:     AMEND SB 157

157cx
     On page 15, after line 10 of the House State Affairs Committee engrossed bill, insert:

"
     Section 26. That § 13-13-72 be amended to read as follows:

     13-13-72.   It is the policy of the Legislature that the appropriation for the state aid to education foundation program increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain constant. However, the increase in the per student allocation on an annual basis that exceeds three percent shall be paid solely by the state and is not a factor in this policy. ".


Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(6-0-0-0)


Voting Yes:    Hargens, Deadrick, Rhoden, Heidepriem, Olson (Ed), Knudson

MOTION:     DO PASS SB 157 AS AMENDED

Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(4-2-0-0)

Voting Yes:    Deadrick, Rhoden, Olson (Ed), Knudson

Voting No:    Hargens, Heidepriem

MOTION:     TO AMEND TITLE OF SB 157

157tta
     On page 1, line 1 of the House State Affairs Committee engrossed bill, delete everything after " education " .

     On page 1 , line 2, delete everything before " . " .

Moved by:    Deadrick
Second by:    Knudson
Action:    Prevailed by voice vote.

         HB 1171: enhance education in the state and to make an appropriation therefor.

MOTION:     AMEND HB 1171

1171ja
     On page 1, line 6 of the Senate engrossed bill, after " compensation. " insert "School districts are eligible to receive funds from the teacher compensation assistance program based on their fall enrollment numbers.".

     On page 1 , between lines 14 and 15, insert:

"

     The Legislature shall review the teacher compensation assistance program in 2012 to determine its effectiveness and to determine whether to continue the program.".

     On page 1 , delete line 15 , and insert:

"
     Section 2. The Teacher Compensation Assistance Program Oversight Board shall annually monitor the progress of participating school districts with their teacher compensation assistance plans, and submit its findings to the Board of Education.".

     On page 2 , delete lines 1 to 12 , inclusive.

Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(6-0-0-0)

Voting Yes:    Hargens, Deadrick, Rhoden, Heidepriem, Olson (Ed), Knudson

Comments:    Jim Hutmacher - SD Coalition of Schools
            Diana Miller - ESD+6 - Document #1

MOTION:     DO PASS HB 1171 AS AMENDED

Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(4-2-0-0)

Voting Yes:    Deadrick, Rhoden, Olson (Ed), Knudson

Voting No:    Hargens, Heidepriem

         HB 1082: revise the funding of K-12 education in the state.

MOTION:     HOUSE DO NOT CONCUR WITH SENATE AMENDMENTS TO HB 1082 AND DO NOT APPOINT A NEW COMMITTEE.

Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(6-0-0-0)

Voting Yes:    Hargens, Deadrick, Rhoden, Heidepriem, Olson (Ed), Knudson

MOTION:     ADJOURN

Moved by:    Hargens


Second by:    Heidepriem
Action:    Prevailed by voice vote.

Barb Bjorneberg

____________________________

Committee Secretary
Larry Rhoden, House Chair


____________________________

Dave Knudson, Senate Chair