The prayer was offered by the Chaplain, Fr. Michael Griffin, followed by the Pledge of
Allegiance led by Senate page Nick Reagan.
Roll Call: All members present except Sens. Cutler and Hundstad who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-fifth 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 Judiciary respectfully reports that it has had under consideration
HB 1126 and 1273 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1052 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1213 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1198 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1107 and returns the same with the recommendation that said bill do
pass and be placed on the consent calendar.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1269 and 1270 and returns the same with the recommendation that said bills do pass.
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:
In the last sentence in Section 47, delete "additional process" and insert "continuing
contract".
Section 2. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as
follows:
Section 7. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as
follows:
subdivisions. The board may rescind a scholarship award if the student does not maintain
eligibility as prescribed in those subdivisions.
Section 9. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as
follows:
Section 10. The Board of Education may promulgate rules pursuant to chapter 1-26 to define
areas of critical teaching need for the purposes of sections 1 to 8, inclusive, of this Act, to
establish application requirements for the critical teaching needs scholarship, and to further
accomplish the purposes of sections 1 to 8, inclusive, of this Act.
Section 11. Beginning in the 2014-2015 school year, there is hereby created the math and
science teacher incentive program within the Department of Education to provide funds to
public school districts for the purpose of providing rewards to attract certified teachers who
teach in math and science subject areas in middle school and high school or who are certified
with a math or science specialist endorsement which they are utilizing for any grade,
kindergarten through twelve. By January 31, 2014, the South Dakota Board of Education shall
promulgate rules pursuant to chapter 1-26 establishing which courses qualify as math and
science courses for purposes of the program. For purposes of this Act, math and science courses
are those courses established by the Board of Education pursuant to this section. For purposes
of this Act, middle school is a school consisting of any combination of two or more consecutive
grades, five to eight, inclusive, and high school is a school consisting of any combination of
three or more consecutive grades, including ninth grade to twelfth grade, inclusive.
Section 12. 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 11 to 16, inclusive, of this Act is intended to create a
contractual right or property right in the math and science teacher incentive program.
Section 14. To be eligible for the math and science teacher incentive program, a teacher shall
fulfill the following requirements:
Section 15. By September 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 previous 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 16. The amount of the reward under the math and science teacher incentive program
is two thousand eight hundred fifty dollars per eligible teacher to be distributed as described in
this section. No later than October 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 18. 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 17 to 25, inclusive, of this Act is intended to create a contractual right or property
right in the top teachers reward program.
Section 19. 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 20. 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
19 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 21 of this Act.
Section 21. No later than September first of each year, the school district shall distribute the
funds received pursuant to section 20 of this Act as follows:
Section 22. 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 23. A participating teacher shall be full-time and receive a distinguished rating, as
referenced in section 38 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 25. Department of Education may require each school district to provide any
information necessary to verify the district's compliance with sections 20 to 24, 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 26. 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 27. If a school district opts out pursuant to section 26 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:
Section 29. The local teacher reward plan shall reward certified teachers in the district based
upon one or more of the following criteria:
Section 32. There is hereby established the Local Teacher Reward Plan Oversight Board. The
board shall consist of the following members:
Section 34. 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 19 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 35. No later than September first of each year, the district shall distribute the funds
received pursuant to section 34 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 36. 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 37. 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.
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 38 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 42. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as
follows:
Section 43. 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 44 of this Act and adopting the model evaluation instrument
referenced in section 45 of this Act.
Section 44. 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 47. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as
follows:
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. Nothing in this section or section 53 of this Act prohibits a
school district from choosing to provide additional process to a nontenured teacher beyond what
is provided for in this chapter.
Section 48. 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 49. 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 50. 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 51. 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.
A school board may refuse to renew the teacher's contract of a tenured teacher for just cause,
including breach of contract, poor performance, a rating of unsatisfactory on two consecutive
evaluations pursuant to section 38 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 52. 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 53. 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 54. For purposes of this Act, the term, school year, means the regular school term as
referenced in § 13-26-2.
Section 55. 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.
Section 56. That § 13-3-74 be repealed.
Section 57. 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 58. 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 59. 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 60. 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 61. 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.
On the last page, following Section 62, insert:
Section 63. Sections 47 to 53, inclusive, of this Act are effective on July 1, 2016.
The Committee on Legislative Procedure respectfully reports that SB 5, 11, 19, 39, 41, 56,
57, 69, 107, 115, and 168 were delivered to his Excellency, the Governor, for his approval at
9:50 a.m., February 23, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 22, 37, 42, 46, 47, 70, 72, 82, 84, 90, 104, 128, 137,
154, 176, 177, 189, and 196 and finds the same correctly enrolled.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1263.
I have the honor to transmit herewith HCR 1009 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SB 22, 37, 46, 47, 70, 82, 84, 90, 104, 128, 137, 154,
176, 177, 189, and 196 which have passed the House without change.
Sen. Rave moved that HB 1046 be placed to follow HB 1182 on today's calendar.
Which motion prevailed.
HCR 1009: A CONCURRENT RESOLUTION, Urging the federal government to honor
tribal identification cards.
Was read the first time, the President waived the referral to committee, and placed
HCR 1009 on the calendar of Friday, February 24, the 27th legislative day.
Sen. Hansen moved that the Senate do not concur in House amendments to SB 99 and 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 adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Hansen,
Nygaard, and Bradford.
Was read the second time.
Sen. Putnam moved that the Senate do concur in HCR 1011 as found on page 519 of the
House Journal.
The question being on Sen. Putnam's motion that HCR 1011 be concurred in.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1011 was concurred in.
Sen. Olson moved that the reports of the Standing Committees on
Appropriations on HB 1206 as found on page 497 of the Senate Journal; also
Health and Human Services on HB 1171 as found on page 498 of the Senate Journal; also
State Affairs on HB 1138 as found on page 499 of the Senate Journal; also
State Affairs on HB 1196 as found on page 499 of the Senate Journal be adopted.
Which motion prevailed.
HB 1156: FOR AN ACT ENTITLED, An Act to revise procedures and requirements relating to special assessments and the financing of local improvements.
The question being "Shall HB 1156 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hansen (Tom); Hundstad
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.
HB 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
disposal of local government property.
Was read the second time.
The question being "Shall HB 1178 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hansen (Tom); Hundstad
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.
HB 1018: FOR AN ACT ENTITLED, An Act to repeal certain obsolete or unnecessary
provisions pertaining to the Department of Game, Fish and Parks.
Was read the second time.
The question being "Shall HB 1018 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hansen (Tom); Hundstad
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.
HB 1059: FOR AN ACT ENTITLED, An Act to revise Article 9 of the Uniform
Commercial Code.
Was read the second time.
"Section 18. There is hereby appropriated from the general fund the sum of one hundred
sixty thousand dollars ($160,000), or so much thereof as may be necessary, to the secretary of
state for the purpose of complying with the provisions of this Act.
Section 19. The secretary of state shall approve vouchers and the state auditor shall draw
warrants to pay expenditures authorized in this Act.
The question being "Shall HB 1059 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.
The question being on the title.
HB 1117: FOR AN ACT ENTITLED, An Act to provide for the taking of muskrats by
shooting under certain conditions.
Was read the second time.
The question being "Shall HB 1117 pass?"
And the roll being called:
Yeas 21, Nays 11, Excused 3, Absent 0
Nays:
Begalka; Fryslie; Hansen (Tom); Haverly; Holien; Johnston; Kraus; Lederman; Nygaard;
Rampelberg; Tidemann
Excused:
Cutler; Hundstad; Olson (Russell)
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.
HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election an amendment to Article XIII, sections 20 and 21 of the Constitution of the State
of South Dakota, relating to the trust fund created from the proceeds of the state cement
enterprise sales.
Was read the second time.
The question being "Shall HJR 1006 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration
to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an
emergency.
The question being "Shall HB 1017 pass?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Maher
Excused:
Cutler; Hundstad
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
HB 1051: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority and the Board of Regents to implement the long-term capital project request of the
Board of Regents providing for the demolition, construction, remodeling, or renovation of
various structures on the campuses of the state's universities and to make appropriations therefor.
Was read the second time.
The question being "Shall HB 1051 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad
HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale
of certain surplus property in Yankton County.
Was read the second time.
The question being "Shall HB 1164 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad
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.
HB 1199: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
distribution of funds to sparse school districts.
Was read the second time.
The question being "Shall HB 1199 pass as amended?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher;
Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Nelson (Tom)
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.
HB 1230: FOR AN ACT ENTITLED, An Act to modify the publication requirements
regarding the application for a well driller license or a well pump installer license.
Was read the second time.
The question being "Shall HB 1230 pass as amended?"
And the roll being called:
Yeas 18, Nays 13, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Kraus; Lederman;
Maher; Novstrup (Al); Olson (Russell); Rampelberg; Rave; Schlekeway; Tieszen; Vehle
Nays:
Buhl; Haverly; Heineman; Holien; Hunhoff (Jean); Juhnke; Krebs; Nygaard; Peters; Putnam;
Rhoden; Sutton; Tidemann
Excused:
Cutler; Hundstad; Johnston; Nelson (Tom)
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
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 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Peters
Excused:
Cutler; Hundstad
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.
Which motion prevailed and HB 1254 was up for immediate consideration.
HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the
decision of a pregnant mother considering termination of her relationship with her child by an
abortion, to establish certain procedures to insure that such decisions are voluntary, uncoerced,
and informed, and to revise certain causes of action for professional negligence relating to
performance of an abortion.
Was read the second time.
"counselor, or licensed psychologist, or licensed certified social worker, or licensed nurse, or
licensed marriage and family therapist, or physician and only after the licensed counselor, or
licensed psychologist, or licensed certified social worker, or licensed nurse, or licensed marriage
and family therapist, or physician physically and personally meets with the pregnant mother,
consults with her, and performs an assessment of her medical and personal circumstances. Only
after the licensed counselor, or licensed psychologist, or licensed certified social worker, or
licensed nurse, or licensed marriage and family therapist, or physician completes the consultation
and assessment complying with the provisions of §§ 34-23A-53 to 34-23A-62, inclusive, may
the licensed counselor, or licensed psychologist, or licensed certified social worker, or licensed
nurse, or licensed marriage and family therapist, or physician schedule a surgical or medical
abortion, but in no instance may the licensed counselor, or licensed psychologist, or licensed
certified social worker, or licensed nurse, or licensed marriage and family therapist, or physician
schedule such surgical or medical abortion to take".
"inclusive, as they pertain to the initial consultation, and only after complying with the provisions
of subdivisions 34-23A-10.1(1) and (2) have been complied with as stated herein. During the
initial consultation between the licensed counselor, or licensed psychologist, or licensed certified
social worker, or licensed nurse, or licensed marriage and family therapist, or physician and the
pregnant mother, prior to scheduling a surgical or medical abortion, the licensed counselor, or
licensed psychologist, or licensed certified social worker, or licensed nurse, or licensed marriage
and family therapist, or physician shall:".
Sen. Adelstein requested a roll call vote.
Which request was supported.
The question being on Sen. Buhl's motion that HB 1254 be further amended.
And the roll being called:
Yeas 9, Nays 23, Excused 3, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Frerichs; Nelson (Tom); Nygaard; Sutton; Tidemann; Tieszen
Nays:
Begalka; Brown; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean);
Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Vehle
So the motion not having received an affirmative vote of a majority of the members present,
the President declared the motion lost.
"Section 11. No public funds may be expended by the Office of the Attorney General or any
other division of state government, either through general or special appropriation, to defend the
constitutionality of this Act in any federal court other than privately donated contributions
deposited in the life protection subfund of the extraordinary litigation fund."
Sen. Olson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1254 pass as amended?"
And the roll being called:
Yeas 26, Nays 7, Excused 2, Absent 0
Yeas:
Begalka; Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff
(Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell);
Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Vehle
Nays:
Adelstein; Bradford; Buhl; Nelson (Tom); Nygaard; Tidemann; Tieszen
Excused:
Cutler; Hundstad
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.
Which motion prevailed.
The President publicly read the title to
SB 22: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
vacation or the change of location of county and township highways on school and public lands.
SB 37: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources conservation fund to the State Conservation Commission and to declare an
emergency.
SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding habeas
corpus.
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.
SB 47: FOR AN ACT ENTITLED, An Act to increase the authorized square footage for the
motor pool building at South Dakota State University, to make an appropriation therefor, and to
declare an emergency.
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.
SB 72: FOR AN ACT ENTITLED, An Act to regulate persons offering speech-language
pathology to the public.
SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
unclaimed property trust fund.
SB 84: FOR AN ACT ENTITLED, An Act to allow for the reimbursement of travel
expenses during the recruitment of certain professional staff.
SB 90: FOR AN ACT ENTITLED, An Act to establish a fee for payments returned to the
Office of the Secretary of State due to insufficient funds and to provide for the distribution of the
fee.
SB 128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
elections.
SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
application for absentee voting.
SB 154: FOR AN ACT ENTITLED, An Act to revise certain statutes pertaining to persons
required to report child abuse and neglect.
SB 176: FOR AN ACT ENTITLED, An Act to establish a program to assist rural health
care facilities in recruiting certain health care professionals and to repeal certain provisions
regarding recruitment incentive payments for health care professionals.
SB 177: FOR AN ACT ENTITLED, An Act to establish a program to assist rural
communities to recruit certain health care professionals and to repeal certain provisions regarding
the physician, the midlevel, and the dentist tuition reimbursement programs.
SB 189: FOR AN ACT ENTITLED, An Act to provide a designation on certain nondriver
identification cards, driver licenses, and permits that the card holders or licensees are honorably
discharged veterans.
SB 196: FOR AN ACT ENTITLED, An Act to allow for the redistribution of existing
nursing facility beds.
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
military law.
HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
National Guard discipline and courts-martial.
HB 1063: FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the
testimony of sex offense victims and to evidence of a victim's prior sexual conduct and to
establish the rationale and effect of the repeal.
HB 1065: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Unified
Judicial System set forth a schedule for all fees paid directly to court reporters in its annual
consolidated budget.
HB 1079: FOR AN ACT ENTITLED, An Act to revise certain publication date citations
for references to the International Building Code.
HB 1088: FOR AN ACT ENTITLED, An Act to revise certain requirements for charging
and collecting certain fees for confining certain people in the county jail.
HB 1153: FOR AN ACT ENTITLED, An Act to revise and clarify certain provisions
relating to the revocation of fur dealer licenses.
HB 1192: FOR AN ACT ENTITLED, An Act to amend certain limited liability company
language.
HB 1195: FOR AN ACT ENTITLED, An Act to authorize the collection of fees for certain
educational programming and services, and to declare an emergency.
HB 1202: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding
reckless and unsafe driving.
HB 1212: FOR AN ACT ENTITLED, An Act to revise certain terms regarding tort liability.
And signed the same in the presence of the Senate.
Sen. Olson moved that the Senate do now recess until 5:30 p.m., which motion prevailed
and at 5:02 p.m., the Senate recessed.