82nd Legislative Session _ 2007

Committee: House Education
Tuesday, February 13, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Buckingham
P    DeVries
P    Elliott
P    Gilson
P    Hackl
P    Hills
P    McLaughlin, Vice-Chair
P    Novstrup (Al)
P    Olson (Ryan)
P    Thompson
P    Van Norman
P    Weems
P    Wick
P    Heineman, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Heineman.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 9, 2007

Moved by:    Weems
Second by:    Gilson
Action:    Prevailed by voice vote.

          HB 1141: create the facility equity fund to assist certain school districts with critical need for capital construction.

Presented by:    Representative Mike Buckingham


MOTION:     DO PASS HB 1141

Moved by:    Olson (Ryan)
Second by:    Weems
Action:    Withdrawn.

MOTION:     AMEND HB 1141

1141ca
     On page 1, line 4 of the printed bill, delete everything after " within " and insert "the Department of Education the health and safety facility equity program".

     On page 1 , line 5, delete " funds " .

     On page 1 , line 5, delete " fund " and insert "program".

     On page 1 , line 11, after " structural " insert "or health and safety".

     On page 1 , line 15, delete " financial " .

     On page 1 , line 15, delete " facility equity fund " and insert "health and safety facility equity program".

     On page 2 , line 3, delete " Facility Equity Fund Oversight Board " and insert "Health and Safety Facility Equity Program Board".

     On page 2 , line 6, delete everything after " districts " and insert ".".

     On page 2 , line 7, delete everything before " When " .

     On page 2 , delete lines 17 and 18 , and insert "All applications approved by the Health and Safety Facility Equity Program Oversight Board shall be forwarded to the Department of Education with recommendations.".

     On page 2 , line 20, delete everything after " procedures " and insert "and timelines.".

     On page 2 , delete line 21 .

Moved by:    Olson (Ryan)
Second by:    Hackl

Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1141 AS AMENDED

Moved by:    Olson (Ryan)
Second by:    Hackl
Action:    Prevailed by roll call vote.(12-0-3-0)

Voting Yes:    Buckingham, Elliott, Gilson, Hackl, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, Weems, Wick, Heineman

Excused:    Bradford, DeVries, Van Norman

 MOTION:     TO AMEND TITLE OF HB 1141

1141cta
     On page 1, line 1 of the printed bill, delete " facility equity fund " and insert "heath and safety facility equity program".

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

          HB 1159: create the facility equity fund to provide financial assistance to certain school districts with critical capital construction needs.

Presented by:    Representative Paul Dennert

MOTION:     DEFER HB 1159 TO THE 41ST LEGISLATIVE DAY

Moved by:    Olson (Ryan)
Second by:    Buckingham
Action:    Prevailed by roll call vote.(8-4-3-0)

Voting Yes:    Buckingham, Gilson, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Weems, Heineman

Voting No:    Elliott, Hackl, Thompson, Wick

Excused:    Bradford, DeVries, Van Norman

         HB 1220: distribute state aid to education funds to certain school districts with growing enrollments based on current enrollment data.

Presented by:    Representative Hal Wick (Handout #1)

MOTION:     AMEND HB 1220

1220cb
     On page 2, line 14 of the printed bill, overstrike " two " and insert " three ".

     On page 2 , line 15, overstrike " 1.2 " and insert " 1.15 ".

     On page 2 , line 16, overstrike " six " and insert " five ".

     On page 2 , line 17, overstrike " two " and insert " three ".

     On page 2 , line 17, overstrike " raise the average daily membership to the 0.8293 " and insert " multiply 0.7745 times the average daily membership and add the results to 112.4992; ".

     On page 2 , delete line 18 .

     On page 2 , line 19, overstrike " six " and insert " five ".

     On page 4 , delete lines 18 to 24 , inclusive.

     Delete page 5 .

Moved by:    Weems
Second by:    McLaughlin
Action:    Failed by roll call vote.(4-8-3-0)

Voting Yes:    Buckingham, McLaughlin, Weems, Wick

Voting No:    Elliott, Gilson, Hackl, Hills, Novstrup (Al), Olson (Ryan), Thompson, Heineman

Excused:    Bradford, DeVries, Van Norman

 MOTION:     DO PASS HB 1220

Moved by:    Hackl
Second by:    McLaughlin

Action:    Failed by roll call vote.(4-8-3-0)

Voting Yes:    Hackl, McLaughlin, Weems, Wick

Voting No:    Buckingham, Elliott, Gilson, Hills, Novstrup (Al), Olson (Ryan), Thompson, Heineman

Excused:    Bradford, DeVries, Van Norman

 MOTION:     DEFER HB 1220 TO THE 41ST LEGISLATIVE DAY

Moved by:    Hills
Second by:    Thompson
Action:    Prevailed by roll call vote.(9-3-3-0)

Voting Yes:    Buckingham, Elliott, Gilson, Hackl, Hills, Novstrup (Al), Olson (Ryan), Thompson, Heineman

Voting No:    McLaughlin, Weems, Wick

Excused:    Bradford, DeVries, Van Norman

          HB 1239: revise the index factor used to determine the per student allocation of state aid to education.

Presented by:    Representative Dan Ahlers

MOTION:     DO PASS HB 1239

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

MOTION:     SUBSTITUTE MOTION DEFER HB 1239 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Buckingham, DeVries, Gilson, Hackl, Novstrup (Al), Olson (Ryan), Weems, Wick, Heineman
Voting No:    Bradford, Elliott, Hills, McLaughlin, Thompson

Excused:    Van Norman

         HB 1261: increase the index factor in the state aid to education formula and to establish criteria that a school district with a small high school must meet in order to receive state aid to education.

Presented by:    Representative Ed McLaughlin

MOTION:     AMEND HB 1261

1261ca
     On page 4, line 1 of the printed bill, delete " sixty " and insert "forty".

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

 MOTION:     DO PASS HB 1261 AS AMENDED

Moved by:    Hills
Second by:    Thompson
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER HB 1261 TO THE 41ST LEGISLATIVE DAY

Moved by:    Olson (Ryan)
Second by:    Hackl
Action:    Prevailed by roll call vote.(9-5-1-0)

Voting Yes:    Buckingham, DeVries, Gilson, Hackl, Novstrup (Al), Olson (Ryan), Weems, Wick, Heineman

Voting No:    Bradford, Elliott, Hills, McLaughlin, Thompson

Excused:    Van Norman

          HB 1276: appropriate money to the Department of Education to fund a new cyber high school.

Presented by:    Representative Tim Rave

The Chair deferred HB 1276 until February 15, 2007.

Gavel passed to Representative Buckingham.

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

Presented by:    Representative Phyllis Heineman (Handout #2)
Proponents:    Representative Ed McLaughlin
Opponents:    Bill Lynch, Associated School Boards of South Dakota (Handout #3)
        Jim Hutmacher, SD Coalition of Schools (Handout #4)
        Larry Johnke, Irene-Wakonka

MOTION:     AMEND HB 1082

1082ca
     On page 1, line 11 of the printed bill, delete " two hundred " and insert "one hundred thirty".

     On page 1 , line 14, delete " two hundred " and insert "one hundred thirty".

     On page 1 , line 14, delete " two " and insert "one".
    
     On page 1 , line 15, after " hundred " insert "thirty".

     On page 2 , line 1, delete " two hundred " and insert "one hundred thirty".

     On page 5 , line 22, delete " two " and insert " one ".

     On page 5 , line 23, before " , but " insert " thirty ".

Moved by:    Weems
Second by:    Wick
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1082 AS AMENDED

Moved by:    Hills
Second by:    Weems

Action:    Prevailed by roll call vote.(9-6-0-0)

Voting Yes:    Buckingham, Elliott, Gilson, Hills, McLaughlin, Olson (Ryan), Weems, Wick, Heineman

Voting No:    Bradford, DeVries, Hackl, Novstrup (Al), Thompson, Van Norman

Gavel handed back to Chair Heineman.

         HB 1290: provide for an Office of Indian Education and an Indian Education Advisory Council and to establish certain provisions to enhance Indian education in the state.

Presented by:    Representative Thomas Van Norman
Proponents:    Eugene Blue Arm, Self
        Senator Theresa Two Bulls

MOTION:     AMEND HB 1290

1290ra
     On page 1, line 10 of the printed bill, after " . " insert "The nine representatives of the tribes shall be appointed from nominations submitted by the tribal councils of each of the tribes.".

Moved by:    Bradford
Second by:    Thompson
Action:    Was not acted on.

The Chair deferred HB 1290 until February 15, 2007.

         HB 1307: appropriate money to pay for the development of end of course exams.

Presented by:    Representative Ryan Olson

MOTION:     AMEND HB 1307

1307ca
     On page 1, line 6 of the printed bill, delete " five hundred thousand dollars ($500,000) " and insert "one dollar ($1)".

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

 MOTION:     DO PASS HB 1307 AS AMENDED

Moved by:    Gilson
Second by:    Buckingham
Action:    Prevailed by roll call vote.(10-3-2-0)

Voting Yes:    Buckingham, DeVries, Elliott, Gilson, Hackl, Hills, McLaughlin, Olson (Ryan), Weems, Heineman

Voting No:    Bradford, Thompson, Van Norman

Excused:    Novstrup (Al), Wick

 MOTION:     ADJOURN

Moved by:    Hackl
Second by:    Weems
Action:    Prevailed by voice vote.

Linda Daugaard

____________________________

Committee Secretary
Phyllis M. Heineman, Chair