74th Legislative Session -- 1999

Committee: Senate Education

Thursday, February 18, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Ham
P      Hutmacher
P      Olson
P      Paisley
P      Reedy
P      Brosz, Vice-Chair
P      Everist, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Everist


MOTION:      TO APPROVE THE MINUTES OF 2/16/99

Moved by:      Senator Ham
Second by:      Senator Reedy
Action:      Prevailed by voice vote.

          SB 244:   revise certain provisions related to state aid for special education funding.

Proponents:      Todd Vik, Department of Education and Cultural Affairs

MOTION:      SUBSTITUTE MOTION DO PASS SB 244

Moved by:      Senator Ham
Second by:      Senator Reedy
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE SB 244

Moved by:      Senator Brosz
Second by:      Senator Paisley
Action:      Prevailed by roll call vote.   (4-3-0-0)


Voting yes:      Hutmacher, Olson, Paisley, Brosz

Voting no:      Ham, Reedy, Everist

          SB 208:   create the Higher Education Advance Payment Plan Task Force.

Proponents:      Senator Reedy, Vermillion, South Dakota

MOTION:      SUBSTITUTE MOTION AMEND SB 208

c-208c

     Delete all previously adopted committee amendments.

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

"      Section  1.  There is hereby created the Postsecondary Education Advance Payment Program Task Force to study the feasibility of a program allowing for the advance payment of tuition. The task force shall consist of the executive director of the Board of Regents, the director of the Division of Workforce and Career Preparation in the Department of Education and Cultural Affairs, the state treasurer and two members of each house of the Legislature appointed by the Executive Board of the Legislative Research Council.

     Section  2.  The study shall include possible policies and procedures governing the:

             (1)      Receipt of payments from purchasers on behalf of beneficiaries;
             (2)      Accounting and reporting to purchasers of payments deposited and invested pursuant to an advanced payment contract;
             (3)      Period of time during which the beneficiary may receive benefits under the contract;
             (4)      Terms and conditions under which contracts may be terminated or modified, refunds may be granted and direct payment of benefits may be made;
             (5)      Provisions of contract benefits at institutions of higher education and other postsecondary institutions;
             (6)      Payment to institutions of higher education and other postsecondary institutions on behalf of beneficiaries;
             (7)      Imposition of fees to cover costs incurred for the administration of this program; and
             (8)      Other terms, conditions, and provisions determined necessary for advanced payment contracts and benefits provided under those contracts.

     Section  3.  The task force shall complete its work and report to the Legislature by January 1, 2001. "


Moved by:      Senator Reedy
Second by:      Senator Olson
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 208 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Ham, Hutmacher, Olson, Reedy, Brosz, Everist

Voting no:      Paisley

MOTION:      TO AMEND TITLE OF SB 208

c-208t

     On page 1 , line 1 of the printed bill , delete " Higher " and insert " Postsecondary " .


Moved by:      Senator Brosz
Second by:      Senator Olson
Action:      Prevailed by voice vote.

          HB 1186:   restrict access by minors to obscene materials on certain public access computers and to limit liability for certain related actions.

Proponents:      Representative Hunt, Brandon, South Dakota
          Mike Mullin, South Dakota Library Association

MOTION:      AMEND HB 1186

r-1186b

     On page 1 , line 4 of the House engrossed bill , delete " public library or " .

     On page 1 , between lines 10 and 11 , insert:

"     Section 2. Any public library that provides a public access computer shall develop and implement, by January 1, 2001, a policy that establishes measures to restrict minors from computer access to obscene materials. "


     On page 1 , line 12 , delete " section 1 " and insert " section 2 " .


Moved by:      Senator Ham
Second by:      Senator Reedy
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1186

c-1186a

     On page 1 , line 9 of the House engrossed bill , before " policy " insert " local " .

     On page 1 , line 17 , delete " : " and insert " is located in a public school or public library. " .

     Delete page 2 .

     On the previously adopted amendment (r-1186b) in section 2, line 2, before "policy" insert " local".


Moved by:      Senator Olson
Second by:      Senator Paisley
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1186 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Ham, Hutmacher, Olson, Paisley, Reedy, Brosz, Everist

          HB 1148:   revise the definition of community for purposes of motor vehicle and snowmobile franchises.

Proponents:      Representative Hunt, Brandon, South Dakota
          Jason Harris, CrossRoad Trailers, Canton, South Dakota
Opponents:      R. Van Johnson, South Dakota Automobile Dealers Association
          Lorin Pankratz,Jim Hawk Truck Trailers
          Debra Hillmer, Department of Revenue

MOTION:      TO TABLE HB 1148

Moved by:      Senator Olson
Second by:      Senator Paisley
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Ham, Hutmacher, Olson, Paisley, Reedy, Brosz

Voting no:      Everist

          HB 1251:   establish the A+ Schools Program and the A+ Schools Partnership Fund.

Proponents:      Representative Richard Brown, Sioux Falls, South Dakota
          Janet Brown, South Dakotans for the Arts
          Elaine Roberts, South Dakota Education Association
          Gene Enck, Associated School Boards
Opponents:      Ray Christensen, Department of Education and Cultural Affairs

MOTION:      REFER TO Appropriations With a Do Pass Recommendation

Moved by:      Senator Olson
Second by:      Senator Hutmacher
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Ham, Hutmacher, Olson, Reedy, Brosz

Voting no:      Paisley, Everist

MOTION:      ADJOURN

Moved by:      Senator Olson
Second by:      Senator Hutmacher
Action:      Prevailed by voice vote.



Janet Judson

_________________________________

Committee Secretary
Barbara Everist, Chair


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