94th Legislative Session _ 2019

Committee: House Military and Veterans Affairs
Wednesday, January 23, 2019

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Borglum
P    Deutsch
P    Diedrich
P    Finck
P    Howard
P    Johnson (Chris)
E    Johnson (David)
P    Marty
P    Randolph
P    McCleerey
P    Pourier
P    Peterson (Sue), Vice-Chair
P    Zikmund, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Larry Zikmund.

    HB 1007: revise certain provisions regarding the exemptions from the twelve-month residency requirement for university students.

Presented by:    Aaron Pollard, Department of Veterans Affairs

MOTION:    DO PASS HB 1007

Moved by:    Finck
Second by:    Johnson (Chris)
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Borglum, Deutsch, Diedrich, Finck, Howard, Johnson (Chris), Marty, Randolph,

McCleerey, Pourier, Peterson (Sue), Zikmund

Excused:    Johnson (David)

    HB 1043: require the Department of Social Services to collect and report certain information regarding the military affiliation of a parent whose child is subject to a report of abuse or neglect.

Presented by:    Representative Fred Deutsch
Proponents:    Jim Rickel, Department of Defense, Washington, D.C. Headquarters (Handout(s): 1)

MOTION:    DO PASS HB 1043

Moved by:    Borglum
Second by:    Howard
Action:    Prevailed by voice vote.

MOTION:    PLACE HB 1043 ON CONSENT CALENDAR

Moved by:    Borglum
Action:    Was not acted on.

    HB 1044: authorize certain children who are subject to a pending military relocation to apply for enrollment in a school district.

Presented by:    Representative Fred Deutsch
Proponents:    Jim Rickel, Department of Defense, Washington, D.C. Headquarters
        Wade Pogany, Associated School Boards of South Dakota
        Samuel J. Nelson, Sioux Falls School District
        Dr. Ben Jones, Interim Secretary, Department of Education

MOTION:    AMEND HB 1044

1044cc

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

"    Section. That § 13-28-9 be amended to read:

    13-28-9. School residence for the purpose of claiming free school privileges means the legal residence of the student's parents or guardian except as provided in § 13-28-10. If a parent or guardian has more than one residence, the school residence is the residence where the parent or

guardian actually lives and makes a home or domicile. In case of dispute, if the student's parent or guardian has claimed a credit pursuant to § 10-13-39, it is presumed that the dwelling so claimed is the residence of the parent or guardian. The student or the student's parents or guardian may not establish school residence and be exempt from the payment of tuition if the residence of the parents or guardian of the student is acquired solely or principally for obtaining free school privileges. At the time a child is enrolled in a school district, the school residence of the child as determined by that school district within thirty days after the enrollment may not change during the school fiscal year, unless the child ceases to be an enrolled member of a school within the district. If a student's parents or guardians are separated or divorced, the school residence is the school district in which the custodial parent or guardian has residence. If the parents or guardian have joint custody of a student, school residence is that of the parent or guardian with whom the child resides the greater portion of the school year.

    Notwithstanding the provisions of any other law, if the parent or guardian of a child is transferred to or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order, the child meets the residency requirement for free school privileges in the school district in which the parent or guardian resides or will reside.

    For the purposes of this section, a military installation is a base, camp, post, station, yard, center, or other installation under the jurisdiction of the United States Department of Defense. "


Moved by:    Finck
Second by:    Diedrich
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1044 AS AMENDED

Moved by:    Howard
Second by:    Finck
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    McCleerey
Second by:    Howard
Action:    Prevailed by voice vote.

    
Sharon Johnson
____________________________

Committee Secretary
Larry P. Zikmund, Chair


../01231530.HMV
Page 1