The prayer was offered by the Chaplain, Father Mark McCormick, followed by the Pledge
of Allegiance led by House pages Emily Zietlow and Henry Zietlow.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the seventeenth day.
In the House Journal of the sixteenth day the following correction should be made:
On page 332, line 21, delete "1080,".
All additional 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 Education respectfully reports that it has had under consideration
HB 1234 and returns the same with the recommendation that said bill be amended as follows:
Section 2. Participation in the math and science teacher incentive program is voluntary for
teachers, and incentive rewards are to supplement but not replace what a teacher receives under
a contract between the teacher and the school district or a collective bargaining agreement
between a district and the district's teachers. No collective bargaining agreement between a
district and the district's teachers may limit the ability of a teacher to qualify for or receive an
incentive reward. Nothing in sections 1 to 6, inclusive, of this Act is intended to create a
contractual right or property right in the math and science teacher incentive program.
Section 3. The Department of Education shall provide application forms for teachers
wishing to participate in the math and science teacher incentive program. A teacher wishing to
participate in the program shall complete and sign the form and provide the form to the business
office of the school district by the close of business on October first of the teacher's first year
of teaching, pursuant to the requirements of section 4 of this Act, to be eligible for the program.
A teacher does not need to reapply each year unless the teacher switches employment to another
school district. Completed applications are a public record pursuant to chapter 1-27, but
personal information in the applications may be redacted as allowed by that chapter.
Section 4. To be eligible for the math and science teacher incentive program, a teacher shall
fulfill the following requirements:
Section 5. By March first of each year, the school board of each district shall submit to the
Department of Education a copy of the application of each teacher eligible for the math and
science teacher incentive program for the current school year pursuant to the requirements of
this Act. The Department of Education may require additional information from the district as
necessary to verify each teacher's eligibility for the reward. The department may refuse to issue
a reward for any teacher for whom the information required by this section is not provided by
the deadline.
Section 6. The amount of the reward under the math and science teacher incentive program
is nine thousand four hundred twenty-five dollars per eligible teacher to be distributed as
described in this section. No later than May first of each year, at the same time that foundation
program state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41,
inclusive, the secretary of the Department of Education shall distribute funds for the math and
science teacher incentive program for teachers that qualify pursuant to this Act. These funds
shall be distributed in lump sum payments.
Section 8. Participation in the top teachers reward program is voluntary for teachers, and
such rewards shall supplement but not replace what a teacher receives under a contract between
the teacher and the school district or a collective bargaining agreement between a district and
the district's teachers. No collective bargaining agreement between a district and the district's
teachers may limit the ability of a teacher to qualify for or receive a top teacher reward. Nothing
in sections 7 to 15, inclusive, of this Act is intended to create a contractual right or property
right in the top teachers reward program.
Section 9. In each school year, up to twenty percent of each school district's full-time
equivalent certified teaching positions, as measured by the district's annual teacher data
collection pursuant to § 13-3-51 and any rules promulgated pursuant to that section, shall be
eligible to receive a top teacher reward, subject to the requirements of this Act. The Department
of Education shall multiply the number of full-time equivalent certified teaching positions in
the district by twenty percent. If this calculation results in a fraction, the maximum number of
eligible positions may not exceed the next lowest whole number. If there are fewer than five
full-time equivalent certified teaching positions in a school district, the maximum number of
eligible positions shall be one.
Section 10. No later than May first of each year, at the same time that foundation program
state aid is distributed to a school district pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the
secretary of the Department of Education shall inform each school district of the number of
eligible positions in that district for the current school year, based on the calculation in section
9 of this Act, and distribute to each school district five thousand seven hundred dollars per
eligible position. These funds shall be distributed in lump sum payments. The school district
shall retain these funds until distribution pursuant to section 11 of this Act.
Section 11. No later than September first of each year, the school district shall distribute the
funds received pursuant to section 10 of this Act as follows:
Section 12. The Department of Education shall provide application forms for teachers wishing to participate in the top teachers reward program. A teacher wishing to participate in the program shall complete and sign the form and provide the form to the business office of the school district by the close of business on October first to be eligible for the program for that school year. A teacher wishing to participate shall submit a new application for each school
year. Completed applications are a public record pursuant to chapter 1-27, but personal
information in the applications may be redacted pursuant to that chapter.
Section 13. A participating teacher shall be full-time and receive a distinguished rating, as
referenced in section 28 of this Act, on the teacher's most recent evaluation to be eligible for a
top teacher reward. In addition, a distinguished teacher's selection for the reward may be based
on consideration of the following factors as determined by the school board:
Section 15. The Department of Education may require each school district to provide any
information necessary to verify the district's compliance with sections 10 to 14, inclusive, of this
Act. Upon a finding of noncompliance, the department may require the district to return any
funds distributed contrary to the requirements of this Act.
Section 16. Notwithstanding any other provisions of this Act, public school districts may
opt out of the top teacher reward program by providing written notice to the Department of
Education. The notice shall be approved by a majority of the school board and signed by the
school board president. The department shall provide forms for this purpose. Beginning in 2014,
the notice shall be postmarked no earlier than January first, and no later than January thirty-first,
of each year in order to be effective for the next school year. The district shall provide a separate
form for each school year for which the district desires to opt out. If a school district fails to
follow the requirements of this section, the attempt to opt out is void, and the district shall
comply with the requirements of the top teacher reward program.
Section 17. If a school district opts out pursuant to section 16 of this Act, all funds which
the district would have been eligible to receive for the top teacher program pursuant to this Act
shall be redistributed as follows:
teacher to qualify for or receive a local teacher reward. Nothing in sections18 to 25, inclusive,
of this Act, is intended to create a contractual right or property right in local teacher rewards.
Section 19. The local teacher reward plan shall reward certified teachers in the district based
upon the following criteria:
Section 22. There is hereby established the Local Teacher Reward Plan Oversight Board.
The board shall consist of the following members:
Section 24. If a district's local teacher reward plan is approved, the Department of Education
shall calculate the number of positions in the district that would have been eligible for the top
teacher reward program pursuant to section 9 of this Act and multiply that calculation by five
thousand seven hundred dollars. No later than May first of each year, at the same time that
foundation program state aid is distributed to the district pursuant to §§ 13-13-10.1 to 13-13-41,
inclusive, the secretary of the Department of Education shall distribute this amount to the
district in a lump sum payment.
Section 25. No later than September first of each year, the district shall distribute the funds
received pursuant to section 24 of this Act to each certified teacher selected for a reward under
the local teacher reward program for the previous school year, but the district may withhold an
amount necessary to pay the district's share of applicable federal taxes, the district's share of
contributions to the South Dakota Retirement System, and administrative costs. Any funds not
distributed according to this section shall be returned to the Department of Education within
thirty days.
Section 26. A teacher may apply for both the math and science teacher incentive program
and the top teachers reward program established pursuant to this Act or both the math and
science teacher incentive program and the local teacher reward plan established pursuant to this
Act.
Section 27. That § 13-42-34 be amended to read as follows:
13-42-34. Any public school district seeking state accreditation shall evaluate the
performance of each certified teacher in years one through to three, inclusive, not less than
annually, and each certified teacher in the fourth contract year or beyond, not less than every
other year.
13-42-34. Any public school district seeking state accreditation shall evaluate the
performance of each certified teacher in years one through three not less than annually, and each
certified teacher in the fourth contract year or beyond, not less than every other year. Beginning
in the 2014-2015 school year, each certified teacher shall be evaluated on an annual basis.
Section 30. That § 13-42-35 be amended to read as follows:
13-42-35. A work group appointed by the secretary of education shall provide input in
developing the standards for defining the four-tier rating system required by section 28 of this
Act and shall develop in developing a model evaluation instrument that may shall be used by
school districts for the 2014-2015 school year and subsequent school years. The work group
shall consist of the following members:
Section 32. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as
follows:
Section 33. The Board of Education shall promulgate rules pursuant to chapter 1-26 to
establish minimum professional performance standards for certified principals in South Dakota
public schools, and to establish best practices for the evaluation of the performance of certified
principals that shall be used by individual school districts. The South Dakota Board of
Education shall promulgate rules pursuant to chapter 1-26 establishing standards for defining
the four-tier rating system required by section 34 of this Act and adopting the model evaluation
instrument referenced in section 35 of this Act.
Section 34. Beginning in the 2014-2015 school year, any public school district seeking state
accreditation shall evaluate the performance of each certified principal not less than every other
year.
Section 37. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as
follows:
with the school district prior to July 1, 2012. Any teacher who is not in or beyond the fourth
consecutive term of employment with the school district prior to July 1, 2012, may not acquire
continuing contract status under this chapter.
Section 38. That § 13-43-6 be amended to read as follows:
13-43-6. The contract shall specify the date at or about which the school shall begin, the
term of employment, the wages per month, and the time of payment thereof; such of wages. The
contract shall be signed in duplicate and one copy filed in the office of the business manager and
the other retained by the teacher. Such The contract may be issued covering any period of years,
not to exceed three employment up to one year, over which a teacher holds a certificate which
will shall remain valid without renewal.
Section 39. That § 13-43-6.1 be amended to read as follows:
13-43-6.1. A tenured or nontenured teacher may be terminated, by the school board, at any
time for just cause, including breach of contract, poor performance, incompetency, gross
immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any
policy or regulation of the school district. A school district may nonrenew a teacher who is in
or beyond the fourth consecutive term of employment as a teacher with the school district
pursuant to § 13-43-6.3 for just cause, including breach of contract, poor performance,
incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or
the violation of any policy or regulation of the school district.
Section 40. That § 13-43-6.2 be amended to read as follows:
13-43-6.2. If nonrenewal of a tenured teacher is contemplated under § 13-43-6.1 § 13-43-6.3, the superintendent or chief executive officer shall give written notice of an intention to
recommend nonrenewal to the teacher and the school board; a written statement of the reasons
for the recommendation; access to the employment records of the teacher; the opportunity to the
teacher for a hearing before the school board to present reasons in person or in writing why the
nonrenewal should not occur; and the opportunity to be represented. The teacher shall request
the hearing as provided in § 13-43-6.9. The school board shall conduct the hearing not sooner
than fourteen days, nor later than forty-five days, after receipt of the teacher's request for
hearing. The parties may waive the time limitations provided for in this section.
Section 41. That § 13-43-6.3 be amended to read as follows:
13-43-6.3. Until a teacher is in or beyond the fourth consecutive term of employment as a
teacher with the school district, a A school board may or may not renew the teacher's contract
of a nontenured teacher. The superintendent or chief executive officer shall give written notice
of nonrenewal by April fifteenth but is not required to give further process or a reason for
nonrenewal.
evaluations pursuant to section 28 of this Act, incompetency, gross immorality, unprofessional
conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the
school district. On or before April fifteenth, the superintendent or chief executive officer shall
notify the tenured teacher and the school board in writing of the recommendation to not renew
the teacher's contract.
Section 42. That § 13-43-6.4 be amended to read as follows:
13-43-6.4. Notwithstanding §§ 13-43-6.1 to §§ 13-43-6.2 and 13-43-6.3, inclusive, if a
teacher's contract is not renewed due to a reduction in staff, only written notice is required,
which shall be provided by the school board to the teacher by April fifteenth.
Section 43. That § 13-43-6.6 be amended to read as follows:
13-43-6.6. Although a collective bargaining agreement between a district and its teachers
may set forth specific additional grounds for termination or set forth provisions as to the
procedure or notice, no agreement may limit the district's right to terminate or refuse to renew
the contract of a tenured or nontenured teacher for the grounds set forth in §§ 13-43-6.1 to 13-43-6.3, inclusive. No agreement may limit the protection afforded to a teacher under § 13-43-6.5.
Section 44. For purposes of this Act, the term, school year, means the regular school term
as referenced in § 13-26-2.
Section 45. That § 13-3-73 be repealed.
13-3-73. There is hereby created the teacher compensation assistance program within the
Department of Education to provide funds to school districts for the purpose of assisting school
districts with teacher compensation. School districts are eligible to receive funds from the
teacher compensation assistance program based on their fall enrollment numbers. The
department shall provide four-fifths of the funds for the teacher compensation assistance
program to each participating school district. The Board of Education shall promulgate rules,
pursuant to chapter 1-26, to create an oversight board appointed by the secretary of education
for approval of applications as well as guidelines for district applications based on district
instructional goals, market compensation or other specific district requirements as approved by
the department. Participation in the program is discretionary. District applications shall be
approved by the local board of education. The applications shall be reviewed by the teacher
compensation assistance program oversight board and shall be recommended to the Board of
Education for final approval.
13-3-74. The Teacher Compensation Assistance Program Oversight Board shall annually
monitor the progress of participating school districts with their teacher compensation assistance
plans, and submit its findings to the Board of Education.
Section 47. That § 13-3-74.1 be repealed.
13-3-74.1. There is hereby established the Teacher Compensation Assistance Program
Advisory Council. The council shall be under the supervision of the Department of Education.
The speaker of the House of Representative shall appoint three members of the House of
Representatives to the council, including at least one member from each political party, and the
president pro tempore of the Senate shall appoint three members of the Senate to the council,
including at least one member from each political party. The Governor shall appoint the
remaining members of the council, including at least one teacher, one school administrator, and
one representative of a statewide education organization.
Section 48. That § 13-3-74.2 be repealed.
13-3-74.2. The council shall examine how teacher quality and teacher salaries in the state
can be enhanced, and how the funds appropriated in fiscal year 2010 and in subsequent fiscal
years by the state for the teacher compensation assistance program established in § 13-3-73 can
best be utilized to assist in that effort. The council shall consider a variety of issues surrounding
teachers including market compensation, a tiered licensure system, a system for evaluating
teachers, mentoring and induction programs for teachers, and continuing contracts for teachers.
Section 49. That § 13-3-74.3 be repealed.
13-3-74.3. The council shall complete its work and the secretary of education shall provide
its recommendations to the Governor and to the Executive Board of the Legislative Research
Council no later than November 15, 2008.
Section 50. That § 13-3-75 be repealed.
13-3-75. The South Dakota Board of Education shall promulgate rules pursuant to chapter
1-26 establishing the application process; application timelines; the guidelines for district
applications based on school district instructional goals or market compensation; and a system
to monitor the progress of participating school districts with their compensation assistance plans
and to ensure that each participating school district is complying with the plan as submitted to
the board.
Section 51. That § 13-3-83.1 be repealed.
13-3-83.1. Once all the school districts with approved applications have received their
funding pursuant to § 13-3-73, the Department of Education may set aside from any funds
remaining, a sum not to exceed one hundred thousand dollars from the teacher compensation
assistance program appropriation for the purpose of providing grants to educational cooperatives
and multi-district centers that employ teachers for public schools. The South Dakota Board of
Education may promulgate rules, pursuant to chapter 1-26, to establish the granting process. "
Section 40. That § 13-43-6.2 be amended to read as follows:
13-43-6.2. If nonrenewal of a tenured or nontenured teacher is contemplated under § 13-43-6.1 § 13-43-6.3, the superintendent or chief executive officer shall give written notice of an
intention to recommend nonrenewal to the teacher and the school board; a written statement of
the reasons for the recommendation for any tenured teacher; access to the employment records
of the teacher; the opportunity to the teacher for a hearing before the school board to present
reasons in person or in writing why the nonrenewal should not occur; and the opportunity to be
represented. The teacher shall request the hearing as provided in § 13-43-6.9. The school board
shall contract with the Office of Hearing Examiners pursuant to § 1-26D-11 to conduct the
hearing not sooner than fourteen days, nor later than forty-five days, after receipt of the teacher's
request for hearing. The parties may waive the time limitations provided for in this section. The
hearing examiner, after hearing evidence in the matter, shall make proposed findings of fact and
conclusions of law, and a proposed decision. The superintendent of chief executive officer, with
the consent of the school board, may accept or reject the decision of the hearing examiner, and
the decision of the superintendent or chief executive officer is final without further action. The
school district and the teacher requesting the hearing shall each pay half of the cost of the
services provided by the Office of Hearing Examiners.
Section 41. That § 13-43-6.3 be amended to read as follows:
13-43-6.3. Until a teacher is in or beyond the fourth consecutive term of employment as a
teacher with the school district, a A school board may or may not renew the teacher's contract
of a nontenured teacher. The superintendent or chief executive officer shall give written notice
of nonrenewal by April fifteenth but is not required to give further process or a reason for
nonrenewal.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1107, 1188, and 1198 and returns the same with the recommendation
that said bills do pass.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1080 and returns the same with the recommendation that said bill be
amended as follows:
" Section 2. That subdivision (21) of § 41-1-1 be amended to read as follows:
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1210 which was tabled.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1231, 1252, and 1262 which were deferred to the 41st Legislative Day.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1246 and returns the same with the recommendation that said bill be amended
as follows:
" Section 3. This Act does not apply to food or beverage containers intended for disposal after
initial use.".
The Committee on Taxation respectfully reports that it has had under consideration
HB 1156 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1209 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1258 which was deferred to the 41st Legislative Day.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1106, which was reconsidered, and returns the same with the recommendation that said bill
do NOT pass.
The Committee on Transportation respectfully reports that it has had under consideration
SB 102 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1111 and returns the same with the recommendation that said bill be amended as follows:
I have the honor to return herewith HB 1069 which has passed the Senate without change.
I have the honor to return herewith HB 1154 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SB 25, 46, 70, 87, 161, 162, and 168 which have
passed the Senate and your favorable consideration is respectfully requested.
I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and
your concurrence is respectfully requested.
Yesterday, Rep. Kloucek announced his intention to reconsider the vote by which HB 1084
passed.
Rep. Kloucek moved that the House do now reconsider the vote by which HB 1084 passed.
The question being on Rep. Kloucek's motion to reconsider the vote by which HB 1084
passed.
And the roll being called:
Yeas 23, Nays 46, Excused 0, Absent 1
Yeas:
Blake; Bolin; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Hawley; Hunhoff
(Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Russell; Schaefer;
Schrempp; Sigdestad; Street; Wismer
Nays:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Greenfield;
Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp; Liss; Lust;
Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Scott; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Absent:
Nelson (Stace)
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
Was read the first time and the Speaker waived the committee referral.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 10, the 19th legislative day.
Which motion prevailed.
Rep. Lust moved that the reports of the Standing Committees on
State Affairs on HB 1138 as found on page 353 of the House Journal; also
State Affairs on HB 1213 as found on page 353 of the House Journal; also
State Affairs on HB 1227 as found on pages 353 and 354 of the House Journal; also
Judiciary on HB 1254 as found on pages 365 and 366 of the House Journal be adopted.
Which motion prevailed.
Rep. Romkema moved that the words "without recommendation" be stricken from the
report of the Committee on Appropriations on HB 1211, that the words "do pass" be inserted,
and that the bill be placed on the calendar of Friday, February 10, the 19th legislative day.
The question being on Rep. Romkema's motion that the words "without recommendation"
be stricken from the report of the Committee on Appropriations on HB 1211, that the words "do
pass" be inserted, and that the bill be placed on the calendar of Friday, February 10 the
19th legislative day.
And the roll being called:
Yeas 61, Nays 9, Excused 0, Absent 0
Nays:
Carson; Greenfield; Haggar; Kopp; Liss; Olson (Betty); Russell; Steele; Wink
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried, and HB 1211 was so placed.
SB 25: FOR AN ACT ENTITLED, An Act to provide for the creation of a new state
accountability system and a new financial accountability rating system for public elementary and
secondary schools.
Was read the first time and referred to the Committee on Appropriations.
SB 46: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase
an airport structure for use by South Dakota State University and to make an appropriation
therefor.
Was read the first time and referred to the Committee on Appropriations.
SB 70: FOR AN ACT ENTITLED, An Act to revise the procedures for filing referred laws,
initiated constitutional amendments, and initiated measures and to revise certain election
provisions and campaign finance requirements for referred laws, initiated constitutional
amendments, and initiated measures.
Was read the first time and referred to the Committee on Local Government.
SB 87: FOR AN ACT ENTITLED, An Act to allow military spouses to receive
unemployment compensation if they leave their jobs due to a spouse's military transfer.
Was read the first time and referred to the Committee on Commerce and Energy.
Was read the first time and referred to the Committee on State Affairs.
SB 162: FOR AN ACT ENTITLED, An Act to create certified technology parks and to
provide certain financing mechanisms and bonding authority to enhance knowledge and tech-based economic development and to repeal certain provisions concerning certified technology
parks.
Was read the first time and referred to the Committee on State Affairs.
SB 168: FOR AN ACT ENTITLED, An Act to revise the terms and expiration dates of
appointees to certain boards and commissions.
Was read the first time and referred to the Committee on State Affairs.
SB 7: FOR AN ACT ENTITLED, An Act to repeal certain provisions allowing for the
certification of technology parks and to allow public or private developers to apply for
certification.
Was read the second time.
The question being "Shall SB 7 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1100: FOR AN ACT ENTITLED, An Act to revise the number of ownership acres
necessary to qualify for certain big game hunting licenses to be used on a landowner's own
property.
Was read the second time.
The question being "Shall HB 1100 pass as amended?"
And the roll being called:
Yeas 30, Nays 40, Excused 0, Absent 0
Yeas:
Bolin; Boomgarden; Brunner; Conzet; Elliott; Fargen; Gosch; Greenfield; Hansen (Jon);
Hubbel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kloucek; Miller; Moser;
Munsterman; Nelson (Stace); Olson (Betty); Russell; Schrempp; Sigdestad; Sly; Solum; Steele;
Tornow; Van Gerpen; Wink; Speaker Rausch
Nays:
Abdallah; Blake; Carson; Cronin; Deelstra; Dennert; Dryden; Feickert; Feinstein; Gibson;
Haggar; Hawley; Hickey; Hoffman; Hunt; Jensen; Jones; Kirschman; Kopp; Liss; Lucas; Lust;
Magstadt; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Scott; Street; Stricherz;
Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wismer
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1066: FOR AN ACT ENTITLED, An Act to allow for the cremation of deceased
persons who are indigent and the funeral expenses are the financial responsibility of the county.
Was read the second time.
The question being "Shall HB 1066 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1130: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain
documents filed with the county register of deeds, to create a county and statewide fund for the
purpose of modernizing and preserving records, and to distribute certain revenue.
Was read the second time.
The question being "Shall HB 1130 pass as amended?"
And the roll being called:
Yeas 57, Nays 12, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feickert; Gibson; Greenfield; Haggar; Hawley; Hickey; Hoffman; Hubbel;
Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Lucas; Lust;
Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson;
Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Conzet; Feinstein; Gosch; Hansen (Jon); Jensen; Kloucek; Kopp; Liss; Russell; Tornow;
Venner; Verchio
Excused:
Nelson (Stace)
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall HB 1187 pass?"
And the roll being called:
Yeas 51, Nays 19, Excused 0, Absent 0
Yeas:
Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Feickert; Feinstein; Gosch; Greenfield;
Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III;
Jensen; Killer; Kirkeby; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Rozum; Russell; Schaefer;
Schrempp; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; Wick; Wink; Speaker Rausch
Nays:
Abdallah; Blake; Boomgarden; Carson; Dryden; Elliott; Fargen; Gibson; Hawley; Jones;
Kirschman; Perry; Romkema; Scott; Sigdestad; Street; White; Willadsen; Wismer
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1194: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
payment for rape and sexual offense examinations.
Was read the second time.
The question being "Shall HB 1194 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
SB 27: FOR AN ACT ENTITLED, An Act to revise disciplinary action remedies of the
Cosmetology Commission.
Was read the second time.
The question being "Shall SB 27 pass?"
And the roll being called:
Yeas 35, Nays 34, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Brunner; Cronin; Dennert; Elliott; Fargen; Feickert; Gibson; Hawley; Hickey;
Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Lucas; Lust; Miller; Moser;
Novstrup (David); Perry; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Van
Gerpen; Vanneman; White; Wick; Willadsen; Wismer
Nays:
Bolin; Boomgarden; Carson; Conzet; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen
(Jon); Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kloucek; Kopp; Liss; Magstadt; Munsterman;
Nelson (Stace); Olson (Betty); Romkema; Rozum; Russell; Steele; Stricherz; Tornow; Tulson;
Turbiville; Venner; Verchio; Wink; Speaker Rausch
Excused:
Feinstein
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1122, 1230, and 1247 and returns the same with the recommendation that said
bills do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1179 and returns the same with the recommendation that said bill be amended
as follows:
" Section 4. That chapter 12-27 be amended by adding thereto a NEW SECTION to read as
follows:
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1250 and returns the same with the recommendation that said bill do NOT
pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1008 and 1135 which were tabled.
The Committee on Legislative Procedure respectfully reports that HB 1011 and 1056 and
HJR 1001 were delivered to his Excellency, the Governor, for his approval at 8:45 a.m.,
February 9, 2012.
The Committee on Legislative Procedure respectfully reports that HJR 1001 was delivered
to his Excellency, the Secretary of State, for filing at 8:45 a.m., on February 9, 2012.
(Journal correction: See page 499 of the House Journal.)
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1069 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1069: FOR AN ACT ENTITLED, An Act to increase the amount of income and
principal of a perpetual fund used to maintain a cemetery.
SB 3: FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk
highway system.
SB 16: FOR AN ACT ENTITLED, An Act to define a final stage manufacturer dealer and
to provide for licensing of final stage manufacturer dealers.
SB 17: FOR AN ACT ENTITLED, An Act to require certain fuel tax returns and reports
to be filed by electronic means and to require certain fuel taxes to be remitted by electronic
transfer.
SB 26: FOR AN ACT ENTITLED, An Act to revise certain requirements pertaining to
earnest money paid in a cooperative or cobrokerage real estate transaction.
SB 28: FOR AN ACT ENTITLED, An Act to revise provisions regarding the renewal
process for certain third party insurance administrators.
SB 55: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor
carrier safety and transportation of hazardous materials.
And signed the same in the presence of the House.
HC 1014 Introduced by: Representatives Kloucek, Blake, Bolin, Feickert, Feinstein,
Gibson, Hansen (Jon), Hawley, Hickey, Hunt, Iron Cloud III, Jones, Killer, Kirschman, Lucas,
Munsterman, Nelson (Stace), Olson (Betty), Rausch, Romkema, Russell, Schrempp, Sigdestad,
Sly, Steele, Street, Vanneman, White, and Wismer and Senators Hunhoff (Jean), Begalka,
Bradford, Buhl, Frerichs, Gray, Haverly, Hundstad, Juhnke, Lederman, Novstrup (Al), Putnam,
Rave, Rhoden, Sutton, Tieszen, and Vehle
HC 1015 Introduced by: Representatives Kloucek, Blake, Brunner, Dennert, Elliott,
Fargen, Feickert, Feinstein, Gibson, Hansen (Jon), Hawley, Hickey, Hunhoff (Bernie), Hunt,
Iron Cloud III, Jones, Killer, Kirschman, Lucas, Munsterman, Nelson (Stace), Rausch, Russell,
Schaefer, Schrempp, Sigdestad, Sly, Steele, Street, Vanneman, and Wismer and Senators
Hunhoff (Jean), Begalka, Bradford, Buhl, Cutler, Frerichs, Gray, Haverly, Hundstad, Lederman,
Maher, Novstrup (Al), Putnam, Rave, Rhoden, Sutton, Tidemann, Tieszen, and Vehle
ancestry and invites everyone to participate in the sixty-fourth Tabor Czech Days celebration
on June 14, 15, 16, 2012.
HC 1016 Introduced by: Representatives Kloucek, Blake, Bolin, Brunner, Deelstra,
Dennert, Feickert, Feinstein, Gibson, Hickey, Iron Cloud III, Jones, Kirschman, Lucas, Nelson
(Stace), Romkema, Rozum, Schrempp, Scott, Sigdestad, and Wismer and Senators Putnam,
Begalka, Bradford, Buhl, Frerichs, Fryslie, Gray, Lederman, and Sutton
HC 1017 Introduced by: Representatives Kloucek, Blake, Fargen, Feickert, Gibson, Hansen
(Jon), Hickey, Hunhoff (Bernie), Hunt, Iron Cloud III, Jones, Killer, Kirschman, Lucas,
Munsterman, Nelson (Stace), Rausch, Russell, Schrempp, Sigdestad, Sly, Steele, and Vanneman
and Senators Putnam, Begalka, Buhl, Frerichs, Gray, Hunhoff (Jean), Maher, Schlekeway,
Tieszen, and Vehle
Rep. Hoffman moved that the House do now adjourn, which motion prevailed and at
3:41 p.m. the House adjourned.