88th Legislative Session _ 2013

Committee: House Education
Friday, January 25, 2013

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Campbell
P    Ecklund
P    Hawks
P    Johns
P    Kaiser
P    May
P    Ring
P    Schaefer
P    Stevens
P    Tulson
P    Tyler
P    Wick
P    Haggar (Jenna), Vice-Chair
P    Sly, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair, Representative Sly.

MOTION:    TO APPROVE THE MINUTES OF JANUARY 25, 2013

Moved by:    Haggar (Jenna)
Second by:    Ecklund
Action:    Prevailed by voice vote.

        HB 1098: increase the bonding limit for the four technical institutes.

Presented by:    Representative Dan Dryden
Proponents:    Jeff Holcomb, Southeast Technical Institute
        Dick Tieszen, Technical Institutes (Handouts: 1,2)


MOTION:    DO PASS HB 1098

Moved by:    Stevens
Second by:    Schaefer
Action:    Prevailed by roll call vote. (15-0-0-0)

Voting Yes:    Bartling, Campbell, Ecklund, Hawks, Johns, Kaiser, May, Ring, Schaefer, Stevens, Tulson, Tyler, Wick, Haggar (Jenna), Sly

MOTION:    PLACE HB 1098 ON CONSENT CALENDAR

Moved by:    Johns
Second by:    Stevens
Action:    Prevailed by voice vote.

        HB 1087: authorize individual school boards to create, establish, and supervise individual school sentinel programs to promote school safety.

Presented by:    Representative Scott Craig
Opponents:    Robert Monson, School Administrators of South Dakota

        Dick Tieszen, Associated School Boards of South Dakota, answered questions from the committee.

Gavel was passed to Vice-chair, Representative Jenna Haggar        

MOTION:    AMEND HB 1087

1087cc

    On page 1, line 8, of the printed bill, delete everything after "attack" and insert ". Those so authorized shall be referred to as school sentinels." .

    On page 1, delete line 9.

    On page 1, line 11, delete everything after "," and insert "or effect any material changes in the personnel or protocols of the school sentinel program, the school board shall obtain the approval of the county sheriff who has jurisdiction over the school premises.".

    On page 1, line 12, delete everything before "Any" .

    On page 1, line 13, delete everything after "to" and insert "all law enforcement agencies with

jurisdiction over the school premises forthwith.".


    On page 2, delete line 1, and insert:

"    Section 3. Any person who acts as a school sentinel, pursuant to section 1 of this Act, shall first successfully complete a school sentinel training course as defined by the Law Enforcement Officers Standards Commission pursuant to subdivision 23-3-35(16).".

     On page 2, after line 11, insert:

"    Section 6. That § 23-3-35 be amended to read as follows:

    23-3-35. In addition to powers conferred upon the Law Enforcement Officers Standards Commission elsewhere in this chapter, the commission may:

            (1)    Promulgate rules for the administration of §§ 23-3-26 to 23-3-47, inclusive, including the authority to require the submission of reports and information by law enforcement agencies within this state;

            (2)    Establish minimum educational and training standards for admission to employment as a law enforcement officer:

            (a)    In permanent positions; and

            (b)    In temporary or probationary status;

            (3)    Certify persons as being qualified under the provisions of §§ 23-3-26 to 23-3-47, inclusive, to be law enforcement officers, and by rule to establish criteria and procedure for the revocation or suspension of the certification of officers who have been convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause, or have engaged in conduct unbecoming of a law enforcement officer;

            (4)    Establish minimum curriculum requirements for preparatory, in- service, and advanced courses and programs for schools operated by or for the state or any political subdivisions of the state for the specific purpose of training recruits or other law enforcement officers;

            (5)    Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of law enforcement training schools and programs or courses of instruction;
            (6)    Approve institutions and facilities for school operation by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits;

            (7)    Make or encourage studies of any aspect of police administration;

            (8)    Conduct and stimulate research by public and private agencies which is designed to improve police administration and law enforcement;

            (9)    Make recommendations concerning any matter within its purview pursuant to §§ 23-3-26 to 23-3-47, inclusive;

            (10)    Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§ 23-3-26 to 23-3-47, inclusive;

            (11)    Adopt and amend bylaws, consistent with law, for its internal management and control;

            (12)    Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§ 23-3-26 to 23-3-47, inclusive;

            (13)    License and regulate the activities of private or law enforcement polygraph and computer voice stress analyzer examiners;

            (14)    Certify canine teams; and

            (15)    Establish minimum educational and training standards for newly selected county coroners and advanced training standards for incumbant incumbent county coroners.

            (16)    Establish minimum educational and training standards for school sentinels authorized in section 1 of this Act.

    Section 7. That § 13-32-7 be amended to read as follows:

    13-32-7. Any person, other than a law enforcement officer or school sentinel acting pursuant to section 1 of this Act, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.


    Section 8. Any discussion conducted by a school board regarding a school sentinel program created pursuant to this Act shall be conducted in an executive or closed meeting held in accordance with § 1-25-2 from which no printed materials or record may be made available to the public.".


Moved by:    Sly
Second by:    Johns
Action:    Prevailed by roll call vote. (8-7-0-0)

Voting Yes:    Ecklund, Johns, May, Ring, Tulson, Wick, Haggar (Jenna), Sly

Voting No:    Bartling, Campbell, Hawks, Kaiser, Schaefer, Stevens, Tyler

Vice-chair Haggar, returned the gavel to Chair Representative Sly

MOTION:    DEFER HB 1087 TO THE 41ST LEGISLATIVE DAY

Moved by:    Tyler
Second by:    Hawks
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DO PASS HB 1087 AS AMENDED

Moved by:    Ecklund
Second by:    Kaiser
Action:    Prevailed by roll call vote. (8-7-0-0)

Voting Yes:    Campbell, Ecklund, Kaiser, May, Stevens, Wick, Haggar (Jenna), Sly

Voting No:    Bartling, Hawks, Johns, Ring, Schaefer, Tulson, Tyler

MOTION:    AMEND TITLE OF HB 1087

1087cta

    On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "provide for the creation of school sentinel programs and for the training of school sentinels.".

    On page 1, delete line 2.


Moved by:    Haggar (Jenna)
Second by:    Wick
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Tyler
Second by:    Ecklund
Action:    Prevailed by voice vote.

Colleen Hunt

____________________________

Committee Secretary
Jacqueline Sly, Chair