State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
596N0597 |
HOUSE STATE AFFAIRS COMMITTEE ENGROSSED
NO.
HB 1171
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02/14/2007
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Introduced by:
Representatives Rhoden, Brunner, Deadrick, Dykstra, Faehn, Krebs, Rave,
and Turbiville
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby created in the state treasury the education enhancement tobacco tax fund.
Section 2. That § 10-50-52 be amended to read as follows:
10-50-52. The first thirty million dollars in revenue collected annually pursuant to this chapter shall be deposited in the general fund. All revenue in excess of thirty million dollars collected annually shall be deposited in the tobacco prevention and reduction trust fund. Five million dollars of the revenue deposited annually in the tobacco prevention and reduction trust fund pursuant to this section shall be used to implement the tobacco prevention and reduction program. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the property tax reduction fund. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund
in excess of five million dollars shall be transferred to the education enhancement
trust
tobacco
tax
fund. Thirty-four percent of any revenue deposited in the tobacco prevention and reduction
trust fund in excess of five million dollars shall be transferred to the health care
trust
tobacco
tax
fund.
Section
3.
There is hereby created the teacher compensation assistance program within the
Department of Education to provide funds to school districts for the purpose of assisting school
districts with teacher compensation. The department shall provide four-fifths of the funds for
the teacher compensation assistance program to each participating school district. The Board
of Education shall promulgate rules, pursuant to chapter 1-26, to create an oversight board
appointed by the secretary of education for approval of applications as well as guidelines for
district applications based on district instructional goals, teacher performance, market
compensation or other specific district requirements as approved by the department.
Participation in the program is discretionary. District applications shall be approved by the local
board of education. The applications shall be reviewed by the teacher compensation assistance
program oversight board and shall be recommended to the Board of Education for final
approval.
Section
4.
The secretary of the Department of Education shall establish seven education
service agencies to provide services and leadership to school districts on a regional basis. Each
education service agency shall serve the school districts in a particular region of the state as
determined by the secretary of education, and the secretary shall ensure that every school district
is served by an education service agency. Each education service agency may be incorporated
in the state of South Dakota as a nonprofit corporation organized under chapters 47-22 to 47-28,
inclusive, which is exempt from taxation pursuant to 501(a) of the Internal Revenue Code, 26
U.S.C. Section 501(a), and may be listed as an exempt organization in Section 501(c) of the
Internal Revenue Code, 26 U.S.C. Section 501(c), or an education service agency may be
directed by an educational cooperative.
Section
5.
Education service agencies are hereby authorized and empowered to develop,
manage, and provide support services and programs as determined by the needs of the local
school districts and as approved by the secretary of education. An education service agency may:
and administrator of federal, state, local, and private funds on behalf of school
districts that may participate in special programs, projects, or grants in order to
enhance the quality of education in South Dakota schools.
Section
6.
Each education service agency shall have an advisory board. The advisory board
shall meet at least twice a year, and its membership shall include the superintendent or a
designee of the superintendent from every school district served by the agency. The advisory
board shall provide guidance to the agency relative to the needs of the school districts and how
the education service agency might address those needs.
Section
7.
Beginning in 2008, the advisory board for each education service agency shall,
upon receiving the approval of the secretary of education, appoint a fiscal agent to oversee the
daily operations of the education service agency. Once appointed, the fiscal agent shall serve
at the pleasure of the board. However, a board's decision to rescind a fiscal agent's appointment
shall be approved by the secretary of education.
Section
8.
A statewide leadership board, composed of the fiscal agent from each education
service agency and a representative from the Department of Education, shall be created to
establish uniform policies among the education service agencies and to allow for
communication and the exchange of ideas.
Section
9.
Upon receiving approval from the Department of Education, each education
service agency, with input from both the advisory board and the statewide leadership board,
may, as funding permits, contract with other entities to provide services to the school districts
it serves.
Section
10.
Each year, the Department of Education shall conduct an assessment and a
performance evaluation of each education service agency and submit its findings in writing to
the Legislature.
Section 11. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the evaluation process and the criteria and performance measures the department will use to evaluate the education service agencies.
Section 12. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 13. For the fiscal year beginning on July 1, 2007, there is hereby appropriated from the education enhancement tobacco tax fund the sum of nine million dollars ($ 9,000,000 ), or so much thereof as may be necessary, to the Department of Education and shall be distributed as follows:
Section 14. For the fiscal year beginning on July 1, 2007, there is hereby appropriated from the general fund the sum of five million dollars ($ 5,000,000 ), or so much thereof as may be
necessary, to the Department of Education and shall be distributed as follows:
Section 15. For the fiscal year beginning on July 1, 2008 and for each fiscal year thereafter, the secretary of education shall expend the monies deposited in the education enhancement tobacco tax fund through the normal budget process as set forth in § 4-7-9. Expenditures from the fund shall support the following education programs:
Section 16. For the purposes of this Act, fall enrollment is 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 nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition.