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
"
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
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
"
"
Section 1. Terms used in this Act mean:
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."
"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.
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
"
"
Section 3. That chapter
13-33
be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter
13-33
be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter
13-33
be amended by adding thereto a NEW SECTION to read as
follows:
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
"
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:
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)
"
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)