76th Legislative Session _ 2001

Committee: House Education
Tuesday, January 23, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Begalka
P    Davis
P    Elliott
P    Garnos
P    Heineman
P    Juhnke
P    Kooistra
P    McCaulley
P    McCoy
P    Monroe
P    Van Norman
P    Wick
P    Smidt, Vice-Chair
P    Eccarius, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Eccarius

MOTION:     TO APPROVE THE MINUTES OF JANUARY 18, 2001

Moved by:    Begalka
Second by:    McCaulley
Action:    Prevailed by voice vote.

          HB 1086: permit municipalities to transfer certain revenues to school districts.

Presented By:    Representative William Napoli
Proponents:    Elaine Roberts (SD Education Association)

Opponents:    Yvonne Vik (SD Municipal League)
        Dianna Miller (ESD+5)

MOTION:     DO NOT PASS HB 1086

Moved by:    Davis
Action:    Failed by lack of a second.

MOTION:     DEFER HB 1086 TO THE 41ST LEGISLATIVE DAY

Moved by:    Wick
Second by:    Monroe
Action:    Prevailed by roll call vote.(9-6-0-0)

Voting Yes:    Bartling, Davis, Garnos, Heineman, Juhnke, Monroe, Van Norman, Wick, Smidt

Voting No:    Begalka, Elliott, Kooistra, McCaulley, McCoy, Eccarius

         SB 13: allow a school district to deposit the proceeds from the sale of surplus property into its capital outlay fund.

Presented By:    Representative Cooper Garnos
Proponents:    Gene Enck (Associated School Boards of SD)
        Christie Johnson (School Administrators of SD)
Opponents:    None

MOTION:     DO PASS SB 13

Moved by:    Smidt
Second by:    Juhnke
Action:    Prevailed by roll call vote.(15-0-0-0)

Voting Yes:    Bartling, Begalka, Davis, Elliott, Garnos, Heineman, Juhnke, Kooistra, McCaulley, McCoy, Monroe, Van Norman, Wick, Smidt, Eccarius

MOTION:     PLACE SB 13 ON CONSENT

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

         HB 1004: provide notice to schools if a student commits a crime of violence.

Presented By:    Representative Alice McCoy
Proponents:    Christie Johnson (School Administrators of SD)
        Gene Enck (Associated School Boards of SD)
Opponents:    None

MOTION:     AMEND HB 1004

1004cb
    
     Delete the previously adopted amendment (1004ca).

     On page 1, line 5 of the printed bill, delete everything after " convicted of " and insert "committing, attempting to commit or conspiring to commit murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first or second degree, arson, kidnapping, felony sexual contact as defined in § 22-22-7 and § 22-22-19.1, any felony offense pursuant to chapter 22-14 or any felony offense pursuant to chapter 22-14A".

     On page 1 , line 6, delete everything before " , " .

     On page 1 , line 8, delete " , the acts constituting the offense, " .

     On page 1 , line 8, after " court " insert "and may include a description of the acts constituting the offense".

     On page 1 , line 8, delete " The school " .

     On page 1 , delete line 9 , and insert:
"
     Section 2. The information disclosed pursuant to section 1 of this act is governed by the federal Family Educational Rights and Privacy Act (FERPA) as implemented in 34 CFR part 99, as effective on January 1, 2001. The Unified Judicial System shall disclose the information to the chief administrator of a non-public school only upon request and upon the execution of an agreement to follow the provisions of the federal Family Educational Rights and Privacy Act (FERPA) with regard to the information."

Moved by:Davis
Second by:Bartling
Action:Prevailed by voice vote.

MOTION: TO AMEND TITLE OF HB 1004


1004cta
     On page 1, line 1 of the printed bill, delete " provide " and insert "require".

     On page 1 , line 1, delete " a crime " and insert "certain crimes.".

     On page 1 , delete line 2 .

Moved by:McCoy
Second by:McCaulley
Action:Prevailed by voice vote.

MOTION: DO PASS HB 1004 AS AMENDED

Moved by:McCaulley
Second by:Wick
Action:Prevailed by roll call vote.(15-0-0-0)

Voting Yes:Bartling, Begalka, Davis, Elliott, Garnos, Heineman, Juhnke, Kooistra, McCaulley, McCoy, Monroe, Van Norman, Wick, Smidt, Eccarius

MOTION: ADJOURN

Moved by:Smidt
Second by:McCaulley
Action:Prevailed by voice vote.

Jeanne Bullard

____________________________

Committee Secretary
Scott Eccarius, Chair

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