JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION



THIRTY-SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 10, 2011

    The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Fr. Mike Griffin, followed by the Pledge of Allegiance led by Senate pages Sadie Stevens and Kaitlynn Wornson.

    Roll Call: All members present except Sen. Nygaard who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

Respectfully submitted,
Bob Gray, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 48, 65, 77, 80, 102, 109, 151, 193, and 194 were delivered to his Excellency, the Governor, for his approval at 10:03 a.m., March 10, 2011. 

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 3, 86, 152, 190, and 200 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

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MR. PRESIDENT:

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

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

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

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

subject to the requirements of this section shall pay any fees charged for the criminal record check. However, the school board or governing body may reimburse the person for the fees. Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school district is not required to submit to a criminal background investigation as required in this section. In addition, any person employed by a postsecondary technical institute is not required to submit to a criminal background investigation as required in this section, unless the person is a teacher who teaches an elementary or secondary level course in an elementary or secondary school facility, or unless the person is an employee, other than a teacher, whose work assignment includes working in an elementary or secondary school facility.

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

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

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

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

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

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

    Each school bus driver shall receive appropriate training at least once every five years, and the school bus driver shall pay any fees charged for the training. The training shall include classroom instruction in first aid, bus safety, and the management of passengers, and also behind-the-wheel training to enable the safe and efficient operation of the bus.
    
    Section 4. That § 13-43-7.1 be repealed.

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


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

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

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

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

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

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

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

            (3)    "Sparsity adjusted fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of at least eighty-three, but no more than two hundred thirty-two, subtract the fall enrollment from two hundred thirty-two. "
        
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    On page 1 of the Senate engrossed bill, delete lines 14 and 15.

    Delete pages 2 and 3, inclusive

    On page 4, delete line 1.

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    On page 1, line 1, of the Senate engrossed bill, delete everything after "An Act to" and insert "revise the training required for school bus drivers, to eliminate the option for school

districts to pay for certain employee background checks and the option to provide paid leave time to teachers attending certain meetings, to allow parents to receive certain notices via electronic mail, and to revise the criteria for sparse school districts."


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

Respectfully submitted,    Respectfully submitted,
Brian Gosch    Cooper Garnos
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1248.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1208 and has appointed Reps. Gosch, Novstrup, and Fargen as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1093, 1110, 1235, and 1245.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that a Senate Select Committee of three be appointed for the purpose of selecting members for the 2011 Legislative Redistricting Committee.

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

CONSIDERATION OF EXECUTIVE APPOINTMENT

    The Senate proceeded to the consideration of the executive appointment of General Timothy A. Reisch of Miner County, Howard, South Dakota, to the position of Adjutant General.

    The question being "Does the Senate advise and consent to the executive appointment of General Timothy A. Reisch pursuant to the executive message as found on page 620 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nygaard

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

    Sen. Garnos moved that the Senate do not adopt the report of the Conference Committee on HB 1208 as found on page 682 of the Senate Journal and that a new committee be appointed.

    Which motion prevailed and the President announced as such committee Sens. Garnos, Schlekeway, and Bradford

    Sen. Olson moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 1:25 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 3:00 p.m., the President presiding.

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has passed HB 1192 over the veto of the Governor. The veto message of the Governor is found on page 713 of the House Journal.

    We hereby request your favorable consideration in passing HB 1192, the veto of the Governor notwithstanding.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The Senate proceeded to the reconsideration of HB 1192 pursuant to the veto of the Governor and the veto message as found on page 713 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall HB 1192 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 30, Nays 4, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Nays:
Brown; Holien; Rave; Rhoden

    Excused:
Nygaard

    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed, the veto of the Governor notwithstanding.

    Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 11, the 37th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of the state seal.

    SB 86: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain employers and to declare an emergency.

    SB 152: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning state aid to education, to revise and provide for the adjustment of the per student allocation for the state aid to general education formula, and to revise certain property tax levies for the general fund of a school district.

    SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2011.

    SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district fund balances and to declare an emergency.

    HB 1003: FOR AN ACT ENTITLED, An Act to permit the Interim Rules Review Committee to revert a rule if the rule imposes certain costs.

    HB 1044: FOR AN ACT ENTITLED, An Act to revise certain water project district voter eligibility provisions.

    HB 1079: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the purchase of firearms by out-of-state residents.

    HB 1130: FOR AN ACT ENTITLED, An Act to allow certain adult children of overseas citizens to vote in the state.

    HB 1141: FOR AN ACT ENTITLED, An Act to establish a date to begin absentee voting and to revise the deadline for the printing of ballots.

    HB 1145: FOR AN ACT ENTITLED, An Act to provide for the identification of the law applicable to certain claims for damages.

    HB 1194: FOR AN ACT ENTITLED, An Act to establish the State of South Dakota endowment fund.


    HB 1219: FOR AN ACT ENTITLED, An Act to extend certain protections against precipitous eviction to certain long-term tenants at will.

    HB 1221: FOR AN ACT ENTITLED, An Act to establish a task force on teen driving safety.

    HB 1233: FOR AN ACT ENTITLED, An Act to limit liability from damages caused by certain aviation products.

    HB 1242: FOR AN ACT ENTITLED, An Act to authorize the use of tribal identification cards as the equivalent of certain state-issued documents for identification purposes.

    And signed the same in the presence of the Senate.

    Sen. Holien moved that the Senate do now adjourn, which motion prevailed and at 3:27 p.m. the Senate adjourned.

Trudy Evenstad, Secretary