81st Legislative Session _ 2006

Committee: House Education
Friday, February 03, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Brunner
P    Buckingham
P    Elliott
P    Hills
P    Nelson
P    Novstrup
P    Olson (Ryan)
P    Roberts
P    Schafer
P    Van Norman
P    Weems
P    Wick
P    McLaughlin, Vice-Chair
P    Heineman, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Heineman

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 2, 2006

Moved by:    Hills
Second by:    McLaughlin
Action:    Prevailed by voice vote.

         HB 1213: provide for the compensation of school districts that experience significant gains in enrollment from one year to the next.

Presented by:    Representative Paul Dennert



See testimony of Thursday, February 2, 2006

MOTION:     DO PASS HB 1213

Moved by:    Elliott
Second by:    Novstrup
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1213 TO THE 36TH LEGISLATIVE DAY

Moved by:    Brunner
Second by:    Buckingham
Action:    Prevailed by roll call vote.(9-5-1-0)

Voting Yes:    Brunner, Buckingham, Hills, Nelson, Olson (Ryan), Schafer, Weems, McLaughlin, Heineman

Voting No:    Bradford, Elliott, Novstrup, Roberts, Van Norman

Excused:    Wick

         HB 1168: revise the method for imposing the excess levy for the general fund of school districts.

Presented by:    Representative Paul Dennert

Michael Kenyon, Department of Revenue and Regulation, provided information. (Handout #1)

MOTION:     DEFER HB 1168 TO THE 36TH LEGISLATIVE DAY

Moved by:    Nelson
Second by:    Weems
Action:    Prevailed by roll call vote.(15-0-0-0)

Voting Yes:    Bradford, Brunner, Buckingham, Elliott, Hills, Nelson, Novstrup, Olson (Ryan), Roberts, Schafer, Van Norman, Weems, Wick, McLaughlin, Heineman

         HB 1079: define an enrolled student.

The Chair deferred HB 1079 until Tuesday, February 7, 2006.



Deb Barnett and Melody Schopp, DOE, answered some questions.

         HB 1217: provide for the clarification of sexual abstinence instruction and to condition the acceptance of federal funding contrary to the provisions of this Act.

Presented by:    Representative Roger Hunt (Handout #2)

Kimberly Martinez, National Abstinence Clearing House, answered some questions.

Dianna Miller, ESD+6, answered some questions.

Leslie Unruh, self, answered some questions.

Melody Schopp, DOE, answered some questions.

Representative Donna Schafer provided some information. (Handout #3)

MOTION:     AMEND HB 1217

1217cb
     On page 4, line 8 of the printed bill, delete everything after " board " and insert "made up of a majority of parents or legal guardians. The board shall participate in the evaluation and selection of curriculum and materials.".

     On page 4 , delete lines 9 to 19 , inclusive.

Moved by:    Nelson
Second by:    Hills
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1217 AS AMENDED

Moved by:    Brunner
Second by:    Weems
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1217 TO THE 36TH LEGISLATIVE DAY

Moved by:    Van Norman
Second by:    Roberts


Action:    Failed by roll call vote.(5-10-0-0)

Voting Yes:    Bradford, Elliott, Roberts, Van Norman, McLaughlin

Voting No:    Brunner, Buckingham, Hills, Nelson, Novstrup, Olson (Ryan), Schafer, Weems, Wick, Heineman

MOTION:     CALL THE QUESTION

Moved by:    Hills
Second by:    Nelson
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1217 AS AMENDED

Moved by:    Brunner
Second by:    Weems
Action:    Prevailed by roll call vote.(10-5-0-0)

Voting Yes:    Brunner, Buckingham, Hills, Nelson, Novstrup, Olson (Ryan), Schafer, Weems, Wick, Heineman

Voting No:    Bradford, Elliott, Roberts, Van Norman, McLaughlin

         HB 1194: prohibit the distribution of contraceptives to public school students, to prohibit public school employees from referring public school students to abortion or family planning services, and to provide penalties therefor.

Presented by:    Representative Keri Weems

See testimony of Thursday, February 2, 2006

Jennifer Ring, ACLU of the Dakotas, answered some questions.

MOTION:     AMEND HB 1194

1194ja
     On page 2 of the printed bill, delete lines 1 to 3, inclusive, and insert "No employee of a school district, while performing employment duties, may send, direct, or accompany any student of that school district for abortion or family planning services, unless the employee is the parent or legal guardian of the student.".


Moved by:    Hills
Second by:    Elliott
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1194

1194ra
     On page 2, after line 4 of the printed bill, insert:

"

     Section 3. The provisions of this Act do not apply to any school governed by the provisions of chapter 13-39.".

Moved by:    Hills
Second by:    Olson (Ryan)
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1194 AS AMENDED

Moved by:    Buckingham
Second by:    Brunner
Action:    Prevailed by roll call vote.(11-4-0-0)

Voting Yes:    Bradford, Brunner, Buckingham, Elliott, Hills, Novstrup, Olson (Ryan), Schafer, Weems, Wick, Heineman

Voting No:    Nelson, Roberts, Van Norman, McLaughlin

MOTION:     ADJOURN

Moved by:    Brunner
Second by:    McLaughlin
Action:    Prevailed by voice vote.

.

Lois Henry

____________________________

Committee Secretary
Phyllis M Heineman, Chair


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