76th Legislative Session _ 2001

Committee: Senate Education
Thursday, January 25, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Daugaard
P    Ham
P    Hutmacher
E    McIntyre
P    Munson
P    Olson (Ed), Vice-Chair
P    Brosz, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Brosz.

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, JANUARY 23, 2001.

Moved by:    Olson (Ed)
Second by:    Ham
Action:    Prevailed by voice vote.

          SB 67: allow a school district to deposit the proceeds from the sale of surplus property into its capital outlay fund.

Presented By:    Senator Elmer Diedtrich

MOTION:     DEFER SB 67 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Daugaard, Ham, Hutmacher, Munson, Olson (Ed), Brosz


Excused:    McIntyre

         SB 91: exempt certain school district employees from the requirement for certain background checks.

Presented By:    Senator Ken Albers
Proponents:    Gene Enck, Associated School Boards of South Dakota
        Dianna Miller, ESD +5
        Jeff Fox, Siouxland Child Protection
        Dennis McFarland, South Dakota Technical Institutes (Document #1)

MOTION:     AMEND SB 91

91ca
     On page 2, after line 7 of the printed bill, insert " In addition, any person employed by a postsecondary technical institute is not required to submit to a criminal background investigation as required in this section, unless the person is a teacher who teaches an elementary or secondary level course in an elementary or secondary school facility, or unless the person is an employee, other than a teacher, whose work assignment includes working in an elementary or secondary school facility. ".

Moved by:    Ham
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 91 AS AMENDED

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

Voting Yes:    Daugaard, Ham, Hutmacher, Munson, Olson (Ed), Brosz

Excused:    McIntyre

          SB 93: revise certain provisions related to the investment of permanent school funds and to declare an emergency.

Presented By:    Senator Arlene Ham
Proponents:    Curt Johnson, Commissioner, School and Public Lands
        Matt Clark, Assistant Investment Officer (Document #2), South Dakota Investment

Council
        Gene Enck, Associated School Boards of South Dakota
        Elaine Roberts, South Dakota Education Association
        Christie Johnson, School Administrators of South Dakota

MOTION:     AMEND SB 93

93ca
     On page 2, line 9 of the printed bill, after " excess " insert "realized".

Moved by:    Daugaard
Second by:    Ham
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 93 AS AMENDED

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

Voting Yes:    Daugaard, Ham, Hutmacher, Munson, Olson (Ed), Brosz

Excused:    McIntyre

          HB 1067: prohibit school boards from employing any person whose certificate has been revoked or suspended.

Presented By:    Ray Christensen, Secretary, Department of Education and Cultural Affairs
Proponents:    Janelle Toman, Director of Policy and Accountability, Department of Education and Cultural Affairs
        Representative Jim Holbeck
        Elaine Roberts, South Dakota Education Association
        Christie Johnson, School Administrators of South Dakota
        Gene Enck, Associated School Boards of South Dakota

MOTION:     AMEND HB 1067

1067cb
     On page 1, after line 7 of the printed bill, insert "However, a school board may employ a person whose certificate is suspended pursuant to § 13-42-9, if the certificate is suspended for breaking or jumping a contract.".

Moved by:    Hutmacher
Second by:    Ham
Action:    Failed by roll call vote.(3-3-1-0)

Voting Yes:    Hutmacher, Munson, Olson (Ed)

Voting No:    Daugaard, Ham, Brosz

Excused:    McIntyre

 MOTION:     DO PASS HB 1067

Moved by:    Ham
Second by:    Daugaard
Action:    Prevailed by roll call vote.(4-2-1-0)

Voting Yes:    Daugaard, Ham, Munson, Brosz

Voting No:    Hutmacher, Olson (Ed)

Excused:    McIntyre

 MOTION:     ADJOURN

Moved by:    Ham
Second by:    Daugaard
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Don Brosz, Chair

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