81st Legislative Session _ 2006

Committee: Senate Education
Thursday, February 09, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Duenwald
P    Knudson
P    Kooistra
P    Nesselhuf
P    Peterson (Jim)
P    Bogue, Vice-Chair
P    Olson (Ed), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Ed Olson, Chair.

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 7, 2006

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

MOTION:     RECONSIDER SB 103

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

         SB 103: revise the index factor in the state aid to education formula.

Proponents:    Susan Randall, SD Voices For Children

MOTION:     AMEND SB 103

103ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section  1.  That § 32-5-42 be amended to read as follows:

     32-5-42.   Any motor vehicle that is the property of this state, the United States, a county, a township, a municipality, a public or nonpublic school accredited by the Department of Education, an Indian mission school in this state, an Indian tribe, a fire department, a federally funded Head Start Program bus, or any bus or van owned by a church, or any vehicle purchased by the state under sections 18 and 16(b)2 of the Urban Mass Transportation Act of 1964 to provide public transportation or specialized transportation or both in rural and urbanized areas may be registered upon application, in the manner provided for other motor vehicles. However, the custodian of the vehicle shall make the application directly to the department. No fees may be charged for the registration of the vehicle. The department, upon payment to it of the actual cost of the plates, shall furnish number plates for the vehicle. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund. Any disbursement from this fund shall be made by warrants drawn by the state auditor on vouchers duly approved by the department. If the vehicle is used for a private business use or as a commercial motor carrier as defined in § 32-9-1, the operator shall secure vehicle registration pursuant to chapter 32-9 for such use. "


Moved by:    Bogue
Second by:    Duenwald
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 103 AS AMENDED

Moved by:    Duenwald
Second by:    Kooistra
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Olson (Ed)

Voting No:    Bogue

MOTION:     TO AMEND TITLE OF SB 103

103cta
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "exempt from motor vehicle license fees certain motor vehicles used to transport children to and from certain head start programs.".

     On page 1 , delete line 2 .

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

MOTION:     REMOVE SB 81 FROM THE TABLE

Moved by:    Bogue
Second by:    Knudson
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

         SB 81: revise the index factor for determining the per student allocation for school districts.

Proponents:    Bob Sahr, Public Utilities Commission
        Gary Hanson, Public Utilities Commission

MOTION:     AMEND SB 81

81ta
     On the printed bill, delete everything after the enacting clause and insert:

"

     Section 1. Terms used in this Act mean:

             (1)    "Communications provider," a provider that offers telecommunications services for a fee to the public, regardless of the facilities used, or a provider of IP-enabled voice service;
             (2)    "Confidential communications records information," information that relates to the quantity, technical configuration, type, destination, incoming calls, outgoing calls, text messaging, location, or amount of use of a service offered by a communications provider subscribed to by any customer of that communications provider which is made available to a communications provider solely by virtue of the relationship between the communications provider and the customer, or information contained in any bill related to the product or service offered by a communications provider and received by any customer of the communications provider;
             (3)    "IP-enabled voice service," the provision of real-time two-way voice communications offered to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee, whether part of a bundle of services or separately, with two-way interconnection capability such that the service can originate traffic to, and terminate traffic from, a public switched telephone network.

     Section 2. No person may obtain, or attempt to obtain, confidential communications records information from a communications provider, without authorization from the customer to whom such confidential communications records information relates, by knowingly and intentionally:

             (1)    Making false or fraudulent statements or representations to an employee of a communications provider;
             (2)    Making false or fraudulent statements or representations to a customer of a communications provider;
             (3)    Providing false documentation to a covered entity knowing that the documentation is false; or
             (4)    Accessing customer accounts of a communications provider via the internet.

     A violation of this section is a Class 1 misdemeanor.

     Section 3. No person may knowingly and intentionally sell, or attempt to sell, confidential communications records information from a communications provider without authorization from the customer to whom such confidential communications records information relates. A violation of this section is a Class 6 felony.

     Section 4. This Act may not be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of a law enforcement agency, to obtain confidential communications records information from a communications provider in connection with the performance of the official duties of the agency, in accordance with other applicable laws.

     Section 5. This Act does not prohibit a communications provider from obtaining, using, disclosing, or permitting access to any confidential communications records information, either directly or indirectly through its agents as otherwise authorized by law.

     Section 6. Any consumer who claims to have been adversely affected by any act or practice declared to be unlawful by section 2 or section 3 of this Act may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of the willful act or practice. In addition, the consumer may collect court costs and reasonable attorney fees expended by the consumer to bring an action under this section."

Moved by:    Bogue

Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 81

81jb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. Terms used in this Act mean:

             (1)    "Communications provider," a provider that offers telecommunications services for a fee to the public, regardless of the facilities used, or a provider of IP-enabled voice service;

             (2)    "Confidential communications records information," information that relates to the quantity, technical configuration, type, destination, incoming calls, outgoing calls, text messaging, location, or amount of use of a service offered by a communications provider subscribed to by any customer of that communications provider which is made available to a communications provider solely by virtue of the relationship between the communications provider and the customer, or information contained in any bill related to the product or service offered by a communications provider and received by any customer of the communications provider;

             (3)    "IP-enabled voice service," the provision of real-time two-way voice communications offered to the public, transmitted through customer premises equipment using transmission control protocol/internet protocol (TCP/IP), or a successor protocol, for a fee, whether part of a bundle of services or separately, with two-way interconnection capability such that the service can originate traffic to, and terminate traffic from, a public switched telephone network.

     Section 2. No person may obtain, or attempt to obtain, confidential communications records information from a communications provider, without authorization from the customer to whom such confidential communications records information relates, by knowingly and intentionally:

             (1)    Making false or fraudulent statements or representations to an employee of a communications provider;

             (2)    Making false or fraudulent statements or representations to a customer of a communications provider;

             (3)    Providing false documentation to a covered entity knowing that the documentation is false; or
             (4)    Accessing customer accounts of a communications provider via the internet.

     A violation of this section is a Class 1 misdemeanor.

     Section 3. No person may knowingly and intentionally sell, or attempt to sell, confidential communications records information from a communications provider without authorization from the customer to whom such confidential communications records information relates. A violation of this section is a Class 6 felony.

     Section 4. This Act may not be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of a law enforcement agency, to obtain confidential communications records information from a communications provider pursuant to a subpoena or court order.

     Section 5. This Act does not prohibit a communications provider from obtaining, using, disclosing, or permitting access to any confidential communications records information, either directly or indirectly through its agents as otherwise authorized by law.

     Section 6. This Act does not prohibit a communications provider from obtaining, using, disclosing, or permitting access to any confidential communications records information in connection with the sale or transfer of all or part of its business, the purchase or acquisition of all or part of a business, or the migration of a customer from one communications provider to another.

     Section 7. Any consumer who claims to have been adversely affected by any act or practice declared to be unlawful by section 2 or section 3 of this Act may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of the willful act or practice. In addition, the consumer may collect court costs and reasonable attorney fees expended by the consumer to bring an action under this section."


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

MOTION:     AMEND THE AMENDMENT

81ca
     On the previously adopted amendment (81jb), after Section 7, insert:

     "Section 8. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


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

MOTION:     DO PASS SB 81 AS AMENDED

Moved by:    Knudson
Second by:    Duenwald
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Olson (Ed)

Excused:    Bogue

MOTION:     TO AMEND TITLE OF SB 81

81cta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "prohibit the acquiring or selling of certain communications records and to declare an emergency.".

     On page 1 , delete line 2 .

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

         SB 196: require balanced instruction on human sexuality in public schools.

Presented by:    Senator Stanford Adelstein
Proponents:    Dr. Marty Allison, MD, self, Pierre
        Amy Breitag, self, Pierre
        Jenny Badger, self, Pierre
        Shirley Frederick, self, Rapid City
        Kate Looby, Planned Parenthood, Sioux Falls
        Mary LaHood, self, Black Hawk
Opponents:    Heather Gray, self, Hartford (Document #1)
        Nancy Neff, self, Sioux Falls
        Cathi Clapper, self, Sioux Falls (Document #2)
        Dena Espenscheid, National Abstinence Clearinghouse (Document #3 and #4)
        Dave DeVries, National Abstinence Clearing House
        Ellen Bergman, SD Family Policy Council

        Linda Schauer, Concerned Women For America
        Kitty Werthmann, Eagle Forum

MOTION:     AMEND SB 196

196ra
     On page 1, line 9 of the printed bill, after " group " insert ". The materials and instruction used to instruct on human sexuality may not be excessively graphic or explicit".

     On page 2 , line 1, delete " shall " and insert "may".

     On page 2 , line 1, delete " eight " and insert "twelve".

     On page 2 , line 5, after " ; " insert:

"

             (3)    Provide students with instruction on skills related to healthy dating relationships: how to set limits, how to recognize a dangerous environment and exit the situation, and how increased vulnerability to sexual activity is associated with alcohol and drug use. Teach that it is wrong to take advantage of, harass, or exploit another person sexually;
             (4)    Teach refusal skills and encourage students to resist pressures to engage in any sexual activity;".

     On page 2 , line 6, delete " (3) " and insert "(5)".

     On page 2 , line 8, delete " (4) " and insert "(6)".

     On page 2 , line 10, delete " (5) " and insert "(7)".

     On page 2 , line 13, delete " (6) " and insert "(8)".

     On page 2 , line 18, delete " (7) " and insert "(9)".

     On page 2 , line 19, after " maturation. " insert:

"
     Section 3. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of this Act apply to any school district or system whose governing body elects to instruct its students in a course, unit, class, series of classes, activity, or presentation of sex education, sexual abstinence, or the biological, physical, emotional, psychological, hygienic, economic or social aspects of human sexuality.

     Section 4. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     Before final adoption of any curriculum, materials, methods, or any revisions thereto, related to sex education, human sexuality, or sexual abstinence used in instruction in accordance with this Act, the governing body of the school district or system shall allow any parent, legal guardian, or citizen, who is interested in viewing the materials, ready access to such materials, and hold one or more open public hearings on the proposed curriculum, methods, materials, or revisions.

     Section 5. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     Upon the written request of a student's parent or legal guardian, the student shall be excused, without academic penalty or other sanction from attending a course, unit, class, series of classes, activity, or presentation pertaining to human sexuality, sex education, or sexual abstinence.".

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

MOTION:     DEFER SB 196 TO THE 36TH LEGISLATIVE DAY

Moved by:    Nesselhuf
Second by:    Bogue
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

         SB 170: establish and appropriate money to the 21st Century Education Fund, to increase funding for education, and to revise the index factor in the state aid to education formula.

Presented by:    Senator Dave Knudson
Opponents:    Senator John Koskan (Document #5)
        Wade Pogany, Department of Education


MOTION:     AMEND SB 170

170ci
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. There is hereby appropriated from the state general fund the sum of seven million five hundred thousand dollars ($7,500,000), or so much thereof that may be necessary, to the twenty-first century education fund which is hereby created in the Department of Education. The secretary of the Department of Education shall annually distribute the proceeds from the fund to school districts based on average daily membership as defined in subdivision 13-13-10.1(1) at the same time that foundation program state aid is distributed to school districts pursuant to § § 13-13-10.1 to 13-13-41, inclusive.

     Section 2. 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 3. It is the intent of the Legislature to appropriate additional funds to the twenty-first century education fund in future years. Fifty percent of the additional funds will come from the state's general fund, and the remaining fifty percent will come from the education enhancement trust fund. The amounts the Legislature intends to appropriate are as follows:

             (1)    For fiscal year 2008, the sum of fifteen million dollars ($15,000,000);
             (2)    For fiscal year 2009, the sum of twenty two million five hundred dollars ($22,500,000);
             (3)    For fiscal year 2010, the sum of thirty million dollars ($30,000,000).

     Section 4. For fiscal year 2011 and subsequent years, it is the intent of the Legislature that the amount appropriated to the twenty-first century education fund shall equal the amount appropriated to the fund for the most recent fiscal year increased by 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.

     Section 5. If the proposed initiated measure that increases the tax on cigarettes and tobacco products and dedicates the resulting revenue to a variety of purposes, including education enhancement, is filed with the secretary of state with adequate signatures and is subsequently passed by the voters of this state on November 7, 2006, any revenue generated by the tax increase that is deposited in the education enhancement trust fund shall be transferred to the twenty-first century education fund for distribution to school districts.

     Section 6. School districts that meet adequate yearly progress in reading and math based on the growth model established by the Department of Education shall receive funding from the twenty-first century education fund according to the provisions of section 1 of this Act.

     Section 7. Those school districts that fail to meet adequate yearly progress based on the growth model may apply to the department for a grant to assist the district in meeting future academic targets. In order to qualify for a grant, a school district shall submit to the department a school district improvement plan outlining the steps the district will undertake to reach adequate yearly progress, and the plan shall be approved by the secretary of education. The grants shall be awarded from funds available in the twenty-first century education fund. However, no grant may be awarded to a school district in an amount that exceeds what that school district would have received if it had achieved adequate yearly progress.

     Section 8. That § 4-5-29.2 be amended to read as follows:

     4-5-29.2.   Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the market value of the education enhancement trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment officer shall calculate an amount equal to four five percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year 2007 2008 , the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the education enhancement trust fund to the state general fund as soon as practicable after July first of the next fiscal year. "


Moved by:    Bogue
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 170 AS AMENDED

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 170 TO THE 36TH LEGISLATIVE DAY

Moved by:    Bogue
Second by:    Duenwald
Action:    Prevailed by roll call vote.(4-3-0-0)


Voting Yes:    Duenwald, Kooistra, Bogue, Olson (Ed)

Voting No:    Knudson, Nesselhuf, Peterson (Jim)

         HB 1023: repeal certain provisions regarding standards for school district radio equipment.

Presented by:    Melody Schopp, Department of Education

MOTION:     DO PASS HB 1023

Moved by:    Kooistra
Second by:    Bogue
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

MOTION:     PLACE HB 1023 ON CONSENT CALENDAR

Moved by:    Kooistra
Second by:    Peterson (Jim)
Action:    Prevailed by voice vote.

         HB 1024: repeal certain provisions providing for the appointment of the director of vocational education.

Presented by:    Melody Schopp, Department of Education

MOTION:     DO PASS HB 1024

Moved by:    Nesselhuf
Second by:    Duenwald
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)

MOTION:     PLACE HB 1024 ON CONSENT CALENDAR

Moved by:    Peterson (Jim)
Second by:    Bogue
Action:    Prevailed by voice vote.
         HB 1067: classify certain persons as residents for purposes of higher education tuition.

Presented by:    Representative Mike Buckingham
Proponents:    Senator J.P. Duniphan
Opponents:    Tad Perry, SD Board of Regents

MOTION:     AMEND HB 1067

1067ca
     On page 1, after line 9 of the printed bill, insert:

"
     Section 2. There is hereby appropriated from the general fund the sum of thirty thousand dollars ($ 30,000 ), or so much thereof as may be necessary, to the Board of Regents for the purposes of this Act.

     Section 3. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2007, shall revert in accordance with §   4-8-21.".


Moved by:    Bogue
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Duenwald, Nesselhuf, Bogue, Olson (Ed)

Voting No:    Knudson, Kooistra, Peterson (Jim)

MOTION:     REFER TO Appropriations AS AMENDED

Moved by:    Bogue
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Duenwald, Knudson, Kooistra, Nesselhuf, Peterson (Jim), Bogue, Olson (Ed)
    

MOTION:     TO AMEND TITLE OF HB 1067

1067cta
     On page 1, line 2 of the printed bill, after " tuition " insert "and to make an appropriation therefor".

Moved by:    Nesselhuf
Second by:    Duenwald
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

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

Nancy Benson

____________________________

Committee Secretary
Ed Olson, Chair

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