Senate Education Minutes 02/13/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: Senate Education

Tuesday, February 13, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Daugaard
P    Ham
P    Hutmacher
P    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 THURSDAY, FEBRUARY 8, 2001

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

         SB 248: create a higher education savings plan.

Presented By:    Ray Christensen, Secretary, Department of Education and Cultural Affairs
Proponents:    Ron Williamson, 1^st Financial Bank
        Jim Shekleton, General Counsel, Board of Regents

MOTION:     AMEND SB 248

On page 4, between lines 21 and 22 of the printed bill, insert:

"

(1) Establish the program in the form of a trust to be declared by the council or in such other form as the council may determine;".

On page 4 , line 22, delete " (1) " and insert "(2)".

On page 4 , line 24, delete " (2) " and insert "(3)".

On page 5 , line 2, delete " (3) " and insert "(4)".

On page 5 , line 4, delete " (4) " and insert "(5)".

On page 5 , line 7, delete " (5) " and insert "(6)".

On page 5 , line 9, delete " (6) " and insert "(7)".

On page 5 , line 11, delete " (7) " and insert "(8)".

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

MOTION:     AMEND SB 248

On page 2, line 6 of the printed bill, before " any " insert "an institution is eligible to participate in any financial assistance program authorized by Title IV of the Higher Education Act of 1965, as amended through January 1, 2001, and that is".

On page 2 , line 13, delete " if the institution " .

On page 2 , delete lines 14 and 15 .

On page 4 , line 11, after " regulations " insert "; provided that room and board expenses qualify only if the beneficiary enrolls at least half time and only if the expenses do not exceed the minimum room and board allowance determined in calculating costs of attendance for federal financial aid programs".

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

MOTION: AMEND SB 248

On the previously adopted amendment (248cb), on page 2, line 6, after "institution" insert "that".

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

MOTION:     DO PASS SB 248 AS AMENDED

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

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

Need for a fiscal note was discussed. Chair Brosz will order the fiscal note.

         SB 164: revise the calculation of state aid to education.

Presented By:    Senator Albers
Proponents:    Al Van Overmeer, Lennox School District (Document 1)
        Gene Enck, Associated School Boards of South Dakota
        David Fischer, West Central School District
        Gordon Sweeter, Lennox (Document #2)
        Penelope Douglas, SD Coalition for Small Schools
Opponents:    Dan Nelson, Sioux Falls Chamber of Commerce

MOTION:     DO PASS SB 164 AS AMENDED

Moved by:    Ham
Action:    Failed for lack of a second.

MOTION:     DEFER SB 164 TO THE 41^ST LEGISLATIVE DAY

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

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

SB 71: revise the index factor in the state aid to education formula.

MOTION:     TO TABLE SB 71

Moved by:    Ham
Second by:    Daugaard
Action:    Prevailed by roll call vote.(5-2-0-0)

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

Voting No:    Hutmacher, McIntyre

         SB 153: revise the index factor in the state aid to education formula.

MOTION:     TO TABLE SB 153

Moved by:    Daugaard
Second by:    Munson
Action:    Prevailed by roll call vote.(4-3-0-0)

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

Voting No:    Hutmacher, McIntyre, Brosz

MOTION:     RECONSIDER SB 153

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

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

         SB 153: revise the index factor in the state aid to education formula.

Presented By:    Ray Christensen, Secretary, Department of Education and Cultural Affairs (as amended)
Proponents:    Christie Johnson, School Administrators of South Dakota (as amended)
        Elaine Roberts, South Dakota Education Association (as amended)

MOTION: AMEND SB 153

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

" Section 1. That chapter 13-8 be amended by adding thereto a NEW SECTION to read as follows:

Only a person with a valid South Dakota certificate pursuant to chapter 13-42 may be employed in an administrative capacity, acting as a superintendent or principal. The professional practices commission regulating the profession for which the person is certified shall have the authority to reprimand or to recommend a disciplinary action against a person employed under this section, regardless of the person's assigned position.

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

The Chair deferred SB 153 until Thursday, February 15, 2001.

         SB 220: revise certain provisions relating to the suspension of students from extracurricular activities for certain drug and marijuana offenses.

Presented By:    Senator Moore
Proponents:    Representative Kooistra
        Susan Randall, South Dakota Coalition for Children
        Dianna Miller, ESD +5
        Christie Johnson, School Administrators of South Dakota
        Gene Enck, Associated School Boards of South Dakota
        Elaine Roberts, South Dakota Education Association
Opponents:    Brent Wilbur, Office of the Governor
        Gilbert Sudbeck, Department of Human Services, Division of Alcohol and Drug
        Abuse

MOTION:     AMEND SB 220

On page 2, after line 14 of the printed bill, insert:

"

Section 2. If a person is adjudicated, convicted, or the subject of a suspended imposition of sentence for distribution of controlled substances or marijuana, the person's suspension may not be

reduced according to the provisions of this Act.".

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

The Chair deferred SB 220 until Thursday, February 15, 2001.

MOTION:     ADJOURN

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

____________________________

Committee Secretary Don Brosz, Chair

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