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.
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.
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.
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:
"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.
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:
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. ".
"Section 7. That § 13-13-78 be amended to read as follows:
13-13-78. Terms used in § 13-13-79 mean:
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.
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.
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.
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.
There being no objection, the Senate reverted to Order of Business No. 4.
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.
I have the honor to transmit herewith HB 1251 which has passed the House and your
favorable consideration is respectfully requested.
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.
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
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.
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.
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.
"(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
Adjust all totals accordingly.
"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.
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.
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 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.