House Education Minutes 02/06/2001 7:00 PM

76^th Legislative Session _ 2001

Committee: House Education

Tuesday, February 06, 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 Scott Eccarius

         HB 1150: revise certain provisions relating to the criminal background investigations of school employees.

Presented By:    Representative Jim Holbeck
Proponents:    Dick Tieszen (Associated School Boards of SD)
Opponents:    Elaine Roberts (SD Education Association)
        Jeff Fox (SD Child Protection)

MOTION:     AMEND HB 1150

On page 1, line 5 of the printed bill, delete " who has " .

On page 1 , line 6, delete " regularly scheduled, unsupervised, individual contact with children " .

On page 2 , line 6, after " Association " insert " or other intramural or interscholastic performance event ".

On page 2 , line 7, after " section. " insert " An election worker, summer groundskeeper, ticket taker, or any other person employed to perform duties solely during times when children are not present on the school premises or facilities is not required to submit to a criminal background investigation as provided for in § 13-10-12. ".

On page 3 , line 3, after " check " insert " at the cost of the district ".

On page 3 , line 4, delete " A criminal " and insert " Any school district employee who is employed by more than one school district is only required to obtain one criminal background investigation, if the background investigation was conducted no more than five years before the person is first employed by the additional school district, or the person remains continuously employed by the initial school district. If the additional school district or the school district employee requests, in writing, that the background investigation results be transferred to the additional school district, the initial school district shall transfer the results to the additional school district if the school district employee signs a release authorizing the transfer. ".

On page 3 , delete lines 5 and 6 .

On page 3 , line 11, after " record " insert " of an adult or juvenile ".

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

MOTION:     AMEND THE AMENDMENT

On page 1, line 5 of the printed bill, delete " who has " .

On page 1 , line 6, delete " regularly scheduled, unsupervised, individual contact with children " .

On page 2 , line 6, after " Association " insert " or other intramural or interscholastic performance event ".

On page 2 , line 7, after " section. " insert " An election worker, summer groundskeeper, ticket taker, or any person employed to perform duties solely during times when children are not present on the school premises or facilities is not required to submit to a criminal background investigation as provided for in § 13-10-12. ".

On page 3 , line 3, after " check " insert " at the cost of the district ".

On page 3 , line 4, delete " A criminal " and insert " Any school district employee who is employed by more than one school district is only required to obtain one criminal background investigation, if the background investigation was conducted no more than five years before the person is first employed by the additional school district, or the person remains continuously employed by the initial school district. If the additional school district or the school district employee requests, in writing, that the background investigation results be transferred to the additional school district, the initial school district shall transfer the results to the additional school district if the school district employee signs a release authorizing the transfer. ".

On page 3 , delete lines 5 and 6 .

On page 3 , line 11, after " record " insert " of an adult or juvenile ".

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

MOTION:     AMEND HB 1150

On page 2, after line 7 of the printed bill, insert "Any person employed by the school district not specifically exempted from the provisions of this section may be required to undergo a criminal background investigation if three or more members of the school board or the chief administrator of the school district determine it is necessary.".

Moved by:    Monroe
Action:    Failed for lack of second.

MOTION:     DEFER HB 1150 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Davis
Second by:    Smidt

Action:    Prevailed by roll call vote.(13-2-0-0)

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

Voting No:    Begalka, Juhnke

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

Presented By:    Senator Kenneth Albers
Proponents:    Dennis McFarland (SD Technical Institutes)
        Dianna Miller (ESD+5)
        Jeff Fox (SD Child Protection)-Clarification Witness
Opponents:    None

MOTION:     DO PASS SB 91

Moved by:    Kooistra
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 91 ON CONSENT

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

         SB 117: revise certain provisions related to background checks for school district employees.

Presented By:    Senator Dan Sutton
Proponents:    Dianna Miller (ESD+5)
        Gene Enck (Associated School Boards of SD)
        Elaine Roberts (SD Education Association)
        Christie Johnson (School Administrators of SD)
Opponents:    None

MOTION:     DO PASS SB 117

Moved by:    Bartling
Second by:    Davis
Action:    Prevailed by roll call vote.(14-0-0-0)

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

MOTION:     PLACE SB 117 ON CONSENT

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

         HB 1264: create a school consolidation commission, revise state aid to education, and to appropriate money to increase teacher's salaries.

Presented By:    Representative Mitch Richter
Proponents:    Dianna Miller (ESD+5)
        Representative John Teupel
        Hugh Bartels (Watertown Schools)
Opponents:    Carl Fahrenwald (Rutland Schools)
        Hawk Mayer (Faith Schools)
        Penelope Douglas (SD Coalition of Small Schools)
        Bert Rogness (Deubrook Schools)
        Larry Johnke (Irene Schools)
        Gene Enck (Associated School Boards of SD)
        Dean Christensen (Emery Schools)
        Representative Frank Kloucek
        Representative David Sigdestad

MOTION:     DEFER HB 1264 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Kooistra
Second by:    Monroe
Action:    Prevailed by roll call vote.(11-4-0-0)

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

Voting No:    Davis, McCoy, Smidt, Eccarius

         HB 1294: provide a financial incentive for school districts to consolidate.

Presented By:    Representative John Teupel
Proponents:    Gene Enck (Associated School Boards of SD)
        Lona Lewis (SD Education Association)
        Christie Johnson (School Administrators of SD)
        Larry Johnke (Small School Coalition
Opponents:    None

MOTION:     AMEND HB 1294

On page 1, line 6 of the printed bill, delete " one thousand two " and insert "six".

On page 1 , line 6, after " membership " insert "from each school district or partial school district as it existed prior to consolidation".

On page 1 , delete lines 8 to 10 , inclusive and insert
"Section 2. For the purposes of this Act, no student may be counted more than once."

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

MOTION:     DO PASS HB 1294 AS AMENDED

Moved by:    McCoy
Second by:    Smidt
Action:    Prevailed by roll call vote.(10-4-0-1)

Voting Yes:    Bartling, Elliott, Garnos, Juhnke, Kooistra, McCaulley, McCoy, Monroe, Smidt, Eccarius

Voting No:    Begalka, Davis, Heineman, Van Norman

Absent:    Wick

         HB 1007: revise the index factor in the state aid to education formula.

Presented By:    None
Proponents:    None

Opponents:    None

MOTION:     DEFER HB 1007 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Juhnke
Second by:    Smidt
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:     Monroe
Action:    Prevailed by voice vote.

Jeanne Bullard

____________________________

Committee Secretary

Scott Eccarius, Chair

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