JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION



THIRTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 11, 2011

    The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Karl Kroger, followed by the Pledge of Allegiance led by Senate pages Jessica Duerre and Allison Guindon.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-sixth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

    Which motion prevailed.
REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 3, 33, 35, 44, 86, 133, 140, 149, 152, 173, 176, 178, 190, 191, 196, and 200 were delivered to his Excellency, the Governor, for his approval at 8:45 a.m., March 11, 2011.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

Cc1208B

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1208 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1208 be amended as follows:

1208cl

    On page 1 of the Senate engrossed bill, delete lines 14 and 15.

    Delete pages 2 and 3, inclusive

    On page 4, delete line 1.

1208ci


    On page 1 of the Senate engrossed bill, delete lines 6 and 7, and insert:

    "Section 1. That § 13-10-12 be amended to read as follows:

    13-10-12. Each person over eighteen years of age hired by a school district shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The school district shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The employing school district may, without liability, withdraw its offer of employment or terminate the temporary

employment without notice if the report reveals a disqualifying record. 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. Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school district is not required to submit to a criminal background investigation as required in this section. 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.

    The criminal investigation required by this section with respect to a student teacher completing requirements for teacher certification shall be conducted by the school district. A criminal background investigation, of a student teacher, conducted by a school district may be provided to any other school in which the student engages in student teaching. The school district conducting the criminal background investigation of a student teacher may rely upon the results of that investigation for employment of that person as an employee of the district.

    Section 2. That ARSD 24:06:08:01 be repealed.

    Training of school bus drivers and bus attendants. School bus operators must provide annual training for school bus drivers in accordance with the section entitled "Driver" pages 121 to 124 and the section entitled "Bus Attendant" pages 124 and 125, in the National School Transportation Specifications & Procedures, 2005 Revised Edition. In addition, the following provisions apply:

    (1)  The State approved pre-service training program shall include a minimum of two hours of classroom training, which will include knowledge of basic first aid procedures, and two hours of behind-the-wheel training to enable safe and efficient vehicle operation;

    (2)  The annual State approved in-service program shall include a minimum of four hours of classroom and/or behind-the-wheel training.

    Section 3. That chapter 13-29 be amended by adding thereto a NEW SECTION to read as follows:

    Each school bus driver shall receive appropriate training at least once every five years, and the school bus driver shall pay any fees charged for the training. The training shall include classroom instruction in first aid, bus safety, and the management of passengers, and also behind-the-wheel training to enable the safe and efficient operation of the bus.

    Section 4. That § 13-43-7.1 be repealed.

    13-43-7.1. If a teacher desires to attend an annual professional association meeting, the school board may authorize attendance at such meeting without loss of pay from regular salary. However, such attendance may not take the teacher away from regular duties for more than two consecutive days preceding any school term. ".

1208ck

    On page 4, after line 1 of the Senate engrossed bill, insert:

    "Section 7. That § 13-13-78 be amended to read as follows:

    13-13-78. Terms used in § 13-13-79 mean:

            (1)    "Sparse school district," a school district that meets each of the following criteria:

            (a)    Has a fall enrollment per square mile of 0.50 or less;
            (b)    Has a fall enrollment of five hundred or less;
            (c)    Has an area of four hundred square miles or more;
            (d)    Has at least fifteen miles between its secondary attendance center or centers and that of an adjoining district;
            (e)    Operates a secondary attendance center; and
            (f)    Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more; and
            (g)    Has a general fund balance percentage of thirty percent or less excluding revenue received from opting out of property tax limitations pursuant to chapter 10-12;

            (2)    "Sparsity fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of less than eighty-three or greater than two hundred thirty-two, is calculated as follows:

            (a)    Divide the fall enrollment as defined in § 13-13-10.1 by the area of the school district in square miles;
            (b)    Multiply the quotient obtained in subsection (a) times negative 0.125;
            (c)    Add 0.0625 to the product obtained in subsection (b); and
            (d)    Multiply the sum obtained in subsection (c) times the fall enrollment;

            (3)    "Sparsity adjusted fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of at least eighty-three, but no more than two hundred thirty-two, subtract the fall enrollment from two hundred thirty-two. "

1208cth


    On page 1, line 1, of the Senate engrossed bill, delete everything after "An Act to" and insert "revise certain provisions relating to public schools to allow school districts to operate more economically."

    On page 1, delete lines 2 to 4, inclusive.

Respectfully submitted,    Respectfully submitted,
Brian Gosch    Cooper Garnos
House Committee Chair    Senate Committee Chair
     REPORT OF SENATE SELECT COMMITTEE

MR. PRESIDENT:

    Your Select Committee appointed on Legislative Redistricting respectfully reports that it has had under consideration the appointments to the 2011 Legislative Redistricting Committee and recommends that the following members be appointed by the President Pro tempore:

        Senator Olson
        Senator Brown
        Senator Cutler
        Senator Peters
        Senator Rhoden
        Senator Schlekeway
        Senator Bradford.

Respectfully submitted,
Bob Gray    
Russell Olson    
Jason Frerichs
Senate Committee    


    Sen. Olson moved that the report of the Senate Select Committee relative to appointments to the 2011 Legislative Redistricting Committee be adopted.

    Which motion prevailed.


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1208.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Eighty-sixth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 28, the 38th legislative day.

    Which motion prevailed.

    Sen. Olson moved that the Senate do now recess until 11:00 a.m., which motion prevailed and at 10:13 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 11:00 a.m., the President presiding.

    There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 10, 2011

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2011, I approved Senate Bills 8, 10, 11, 12, 13, 20, 22, 32, 34, 36, 101, 111, 132, 139, 146, 147, and 168, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1251 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to fix the time of adjournment sine die.

    Which motion prevailed and the President announced as such committee Sens. Tieszen, Krebs, and Hundstad.

    Sen. Olson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

    Which motion prevailed and the President announced as such committee Sens. Olson, Brown, and Frerichs.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

    Sen. Garnos moved that the report of the Conference Committee on HB 1208 as found on page 692 of the Senate Journal be adopted.

    The question being on Sen. Garnos' motion that the report of the Conference Committee on HB 1208 be adopted.

    And the roll being called:

    Yeas 18, Nays 17, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Garnos; Haverly; Johnston; Lederman; Nelson (Tom); Olson (Russell); Peters; Rave; Schlekeway; Sutton; Tidemann; Vehle

    Nays:
Frerichs; Fryslie; Gray; Hansen (Tom); Heineman; Holien; Hundstad; Hunhoff (Jean); Kraus; Krebs; Maher; Novstrup (Al); Nygaard; Putnam; Rampelberg; Rhoden; Tieszen

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1251: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1251: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the second time.

1251ml

    Sen. Sutton moved that HB 1251 be further amended as follows:

    On page 16, after line 58 of the House Appropriations Committee engrossed bill, insert:

    "(3) Nonrecurring District Allocation

        Personal Services        $0                $0        $0        $0
        Operating Expenses    $36,000,000        $0        $0        $36,000,000
        Total                $36,000,000        $0        $0        $36,000,000
        F.T.E.                                                        0.0

    The one-time moneys appropriated by this subsection shall be distributed to the school districts on a per state aid fall enrollment basis.".

Adjust all totals accordingly.


    On page 29, after line 20, insert:

    "Section 36. The state treasurer shall transfer to the state general fund thirty six million dollars ($36,000,000) from the earnings in the education enhancement trust fund.".

DESCRIPTION: Department of Education: State aid to education - one-time payment of money from the education enhancement trust fund earnings.


    Which motion lost.

    The question being "Shall HB 1251 pass as amended?"

    And the roll being called:

    Yeas 28, Nays 6, Excused 1, Absent 0

    Yeas:
Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen; Vehle

    Nays:
Begalka; Bradford; Buhl; Frerichs; Hundstad; Sutton

    Excused:
Adelstein

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SIGNING OF BILLS

    The President publicly read the title to

    HB 1093: FOR AN ACT ENTITLED, An Act to revise the criteria used to exempt certain school districts from the requirement to reorganize.

    HB 1110: FOR AN ACT ENTITLED, An Act to appropriate funding for the purpose of a one-time increase in state aid to education.

    HB 1208: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to public schools to allow school districts to operate more economically.

    HB 1235: FOR AN ACT ENTITLED, An Act to create the Board of Regents performance improvement fund and make an appropriation therefor.

    HB 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the travel reimbursements for county veterans' service officers.

    HB 1248: FOR AN ACT ENTITLED, An Act to extend the sunset of the one-half percent increase in the gross receipts tax imposed on visitor-related businesses.

    HB 1251: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    And signed the same in the presence of the Senate.

    Sen. Cutler moved that the Senate do now adjourn, which motion prevailed and at 12:54 p.m. the Senate adjourned.

Trudy Evenstad, Secretary