75th Legislative Session -- 2000
Committee: House Education
Thursday, February 3, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Brooks
P
Davis
P
Earley
P
Fitzgerald
P
Garnos
P
Hennies
P
Juhnke
P
Kooistra
P
Lockner
P
Lucas
P
McCoy
P
Eccarius, Vice-Chair
P
Brown (Richard), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Richard Brown
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 1, 2000.
Moved by:
Representative Earley
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
HB 1200:
require criminal background checks of school employees and to prohibit
employment of certain persons in schools.
Presented by:
Representative Matthew Michels, prime sponsor
Proponents:
Jeff Fox, lobbyist, Siouxland Child Protection Council, Sioux Falls
Michael Moore, Beadle Co State's Attorney, Huron
Elaine Roberts, President, South Dakota Education Association
Gene Enck, lobbyist, Associated School Boards of SD
Janelle Toman, Teacher Certification, Department of Education and Cultural Affairs
Christie Johnson, lobbyist, School Administrators of SD
Dallas Preheim, Bon Homme School District, Tyndall
Comments by: Charles McGuigan, Attorney General's Office
MOTION:
AMEND HB 1200
1200ca
On page
1
,
line
16 of the printed bill
,
after "
record.
"
insert "
Any person whose employment is
subject to the requirements of this section shall pay any fees charged for the criminal record check.
However, the school board or governing body may reimburse the person for the fees.
"
.
On page
2
,
line
4
,
delete everything after "
in
"
and insert "
subdivision 22-1-2(25), including
traffic in narcotics; a crime of violence as defined in subdivision 22-1-2(9); or a sex offense as
defined in
§
22-22-30.
"
.
On page
2
,
delete lines
7
to
9
, inclusive
,
and insert:
"
Any person employed by a South Dakota school district on the effective date of this Act who
remains continuously employed by a South Dakota school district for consecutive school years is not
required to submit to a criminal background check as provided in section 1 of this Act."
On page
2
,
line
20
,
after "
state.
"
insert "
A duly certified copy of the court record is proof of the
conviction and sentence.
"
.
Moved by:
Representative Brooks
Second by:
Representative Juhnke
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1200 AS AMENDED
Moved by:
Representative Davis
Second by:
Representative Eccarius
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Brooks, Davis, Earley, Fitzgerald, Garnos, Hennies, Juhnke, Kooistra, Lockner,
McCoy, Eccarius, Brown (Richard)
Excused:
Lucas
HB 1210:
modify contract renewal provisions for school district food service
purchases and to declare an emergency.
Presented by:
Representative Judy Clark, prime sponsor
Proponents:
Christie Johnson, lobbyist, SASD (handout 1 Sheila Donnelly testimony)
Dallas Preheim, Bon Homme School District (handout 2), Tyndall
Gene Enck, lobbyist, ASBSD
Jason Bietz, Dakota Valley Schools, N. Sioux City
Mike Cranny, Lunchtime Solutions, N. Sioux City (handout 2)
Glen Schneider, Scotland School District, Scotland
MOTION:
AMEND HB 1210
1210fa
On page
2
,
after line
6 of the printed bill
,
insert:
"
Section 2. 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:
Representative Hennies
Second by:
Representative Brooks
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1210 AS AMENDED
Moved by:
Representative Davis
Second by:
Representative Kooistra
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Brooks, Davis, Earley, Fitzgerald, Garnos, Hennies, Juhnke, Kooistra, Lockner,
McCoy, Brown (Richard)
Voting no:
Eccarius
Excused:
Lucas
MOTION:
TO AMEND TITLE OF HB 1210
1210fta
On page
1
,
line
2 of the printed bill
,
after "
purchases
"
insert "
and to declare an emergency
"
.
Moved by:
Representative Hennies
Second by:
Representative Brooks
Action:
Prevailed by voice vote.
HB 1251:
require secondary schools to offer parenting classes for academic credit.
Presented by:
Representative Carol Fitzgerald, prime sponsor
MOTION:
DEFER HB 1251 UNTIL TUESDAY, FEBRUARY 8.
Moved by:
Representative Fitzgerald
Second by:
Representative Davis
Action:
Prevailed by voice vote.
HB 1257:
provide financial incentives for teachers who are nationally certified.
Presented by:
Representative Cooper Garnos, prime sponsor
Proponents:
Denise Bryan, 1998 SD Teacher of the Year and only teacher in SD who is certified
by the National Board for Professional Teaching Standards, Belle Fourche
Elaine Roberts, President, SDEA
Gene Enck, lobbyist, ASBSD
Opponents:
Ray Christensen, Secretary, DECA
MOTION:
DO PASS HB 1257
Moved by:
Representative Hennies
Second by:
Representative Garnos
Action:
Was not acted on.
SUBSTITUTE MOTION:
AMEND HB 1257
1257cb
On page
1
,
line
4 of the printed bill
,
after "
teacher
"
insert "
or counselor
"
.
On page
1
,
line
4
,
after "
teaches
"
insert "
or counsels
"
.
On page
1
,
line
6
,
after "
teacher
"
insert "
or counselor
"
.
On page
1
,
line
7
,
after "
Teaching
"
insert "
or Counseling
"
.
On page
1
,
line
7
,
after "
teacher
"
insert "
or counselor
"
.
On page
1
,
line
10
,
after "
teacher
"
insert "
or counselor
"
.
On page
1
,
line
10
,
after "
teaches
"
insert "
or counsels
"
.
On page
1
,
line
11
,
after "
Teaching
"
insert "
or Counseling
"
.
On page
1
,
line
13
,
after "
Teaching
"
insert "
or Counseling
"
.
On page
1
,
line
13
,
after "
teacher
"
insert "
or counselor
"
.
On page
1
,
line
14
,
after "
teacher
"
insert "
or counselor
"
.
Moved by:
Representative Lucas
Second by:
Representative Kooistra
Action:
Failed by show of hands.
SUBSTITUTE MOTION:
AMEND HB 1257
1257ca
On page
1
,
delete lines
9
to
16 of the printed bill
, inclusive
.
Moved by:
Representative Eccarius
Second by:
Representative Juhnke
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Brooks, Davis, Fitzgerald, Juhnke, Lockner, McCoy, Eccarius
Voting no:
Garnos, Hennies, Kooistra, Lucas, Brown (Richard)
Excused:
Earley
MOTION:
DO PASS HB 1257 AS AMENDED
Moved by:
Representative Eccarius
Second by:
Representative Juhnke
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Brooks, Fitzgerald, Garnos, Hennies, Juhnke, Kooistra, Lockner, Lucas, Eccarius,
Brown (Richard)
Voting no:
Davis, McCoy
Excused:
Earley
HB 1082:
provide funding to school districts for operating a school term greater
than one hundred seventy-five days.
MOTION:
DEFER HB 1082 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Brooks
Second by:
Representative Juhnke
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Brooks, Davis, Garnos, Hennies, Juhnke, Kooistra, Lockner, McCoy, Eccarius,
Brown (Richard)
Voting no:
Fitzgerald, Lucas
Excused:
Earley
HB 1058:
revise certain provisions relating to special education.
Proponents:
Dianna Miller, lobbyist, ESD+5 (handout 3)
MOTION:
DO PASS HB 1058 AS AMENDED
Moved by:
Representative Eccarius
Second by:
Representative Brooks
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Brooks, Davis, Fitzgerald, Garnos, Hennies, Juhnke, Kooistra, Lockner, Lucas,
McCoy, Eccarius, Brown (Richard)
Excused:
Earley
MOTION:
ADJOURN
Moved by:
Representative Fitzgerald
Second by:
Representative Eccarius
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary
Richard “Dick” E. Brown, Chair
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