Category Archives: News

PIERRE, S.D. – Gov. Dennis Daugaard and the state’s tribal leaders are joining together to improve the achievement levels and graduation rates of Native American students.

The Governor has established the Native American Student Achievement Advisory Council, which will consist of a variety of stakeholders including tribal leaders and representatives from the Indian Education Advisory Council, the South Dakota departments of Education and Tribal Relations, and education groups.

“Today’s world demands that, in order to succeed, students must graduate from the K-12 system prepared for postsecondary education and careers, and many of our Native American students face unique challenges in achieving these goals,” said Gov. Dennis Daugaard. “This is an issue we must all confront. By bringing stakeholders together, I am confident we will establish an effective dialogue and move toward solutions.”

The council will report its findings to the Legislature and the Governor by Dec. 1, 2015.

The Governor signed the attached executive order to create the council.

The mid-point of the 90^th Legislative Session has come and bills have begun their rapid trek through committees, the House floor and onward to the Senate.

Bills coming before the House State Affairs committee are ones that certainly weigh on one’s personal convictions.  Two bills dealt with the state’s death penalty: one that would allow a victim’s opposition to the death penalty, voiced through family members, is allowed at the sentencing of a convicted murderer.  The second would allow for South Dakotans to note their opposition to the death penalty on their driver’s licenses.  Both bills failed in committee with issues as to rulings by the Supreme Court and administration concerns, respectively.  Two bills on the Senate side dealing with complete repeal of the death penalty and allowance of the death penalty if the convicted person is a danger to prison officials or other inmates.  Both of those bills also failed.

There have been several bills that desire to change the concealed weapons permit statutes.  I believe the current statutes are sufficient, in that they give law enforcement needed authority when dealing with situations involving reasonable suspicion to apprehend a weapon.  Our 2^nd Amendment rights are not being violated, while necessary actions are taken to insure safety for our citizens across the state/nation.

Education funding will be the hot topic for the remainder of the session.  HB 1207 will be coming before House taxation, with many concerns as to the implications of the bill.  The measure seeks to slow the growth of the Capital Outlay funds in our schools.  While serving on the interim Agland Assessment Task Force, it become apparent that some schools’ capital outlay funds have grown significantly as the valuations of agricultural land (crop land) are required to increase to meet the parameters of the production assessment provision in law.  Schools request their funds for Capital Outlay and Pension in dollars per thousand of valuation.  The majority of schools have adjusted their levy requests as values have increased; however, some have not, thus the issue before the legislature.  The bills is far from its final form, and I will do all I can to make sure that schools who are using their capital outlay funds prudently are held harmless.  I have always said that if the State of South Dakota adequately funded our schools in the first place, we would not need to have concerns with the other funds of the schools.

Legislation that will attempt Medicaid expansion in South Dakota is still being worked through with interested parties meeting to put together a viable plan that will help many South Dakotans who do not have health insurance at this time.  I believe it is just and moral for South Dakota to expand coverage and help so many receive health care at the optimum times and locations, all for a healthier South Dakota.

The Appropriation Bill continues to be vetted by the Joint Appropriations committee and I am following that closely as well.  School funding, the Juvenile Justice Re-Investment initiative and Highway funding bills will have significant impacts on the revenue and expenditure side the budget as the session moves on and comes to a close.  I certainly will address these issues as they before the House.

Please join Senator Sutton, Representative Qualm and myself this weekend, February 21st, for our second round of cracker barrels in Avon at 9:00 a.m. at the A-1 Gas Stop, in Wagner at 10:30 a.m. at Boom’s, and in Lake Andes at 1:00 p.m. at the Community Center.   Please check your local paper for confirmed times and locations.  I look forward to visiting with all in attendance about matters of importance to each of us.

I invite you to contact me with your questions and concerns.  I may be reached by phone at 605-773-5255 (Capitol), 605-835-8120 (home) or 605-222-3378 (cell), or you may email me at  HYPERLINK “mailto:rep.bartling@state.sd.us” rep.bartling@state.sd.us.  Thank you to all in District 21 for the opportunity and honor to serve each of you as your State Representative.  Take care and have a great week!

Representative Julie Bartling

District 21

Session passed the half way point this week and the pace is moving very quickly now.  Over the past week, substantial debate focused on legislation regarding guns, abortion, death penalty, highway funding, taxes and a balanced budget amendment.  Education funding is also a major topic of discussion.  So far the Governor has signed 16 bills into law and an additional 16 bills are on his desk waiting for approval.

On Tuesday the House passed HB 1179 with a vote of 63-4, a bill to change the definition of a veteran so South Dakota members of the National Guard and Reserve would become classified as veterans in state law regardless of whether or not they have seen active duty.  The bill does not make them eligible for federal veteran’s benefits, but it recognizes the service of many of our citizen’s to our state and nation as the National Guard plays a significant role in the defense of our country.  The legislation would impact about 25,000 guardsmen and reserve members who don’t currently qualify.

On Wednesday, the Senate unanimously passed SB 190- an act to clarify health coverage for applied behavior analysis (ABA) which is defined as the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior.   The bill states that every policy, contract, certificate, or plan subject to the provisions of this Act shall provide coverage for applied behavior analysis for the treatment of autism spectrum disorders.  It also sets coverage amounts for different age groups.

On Wednesday, the Senate passed SB 1 with a vote of 26-8.  Senate Bill 1 is the legislation that was originally introduced by the summer study task force chaired by Senator Vehle.  The bill was amended to more closely reflect the bill introduced by Governor Daugaard (HB 1131).  House Bill 1131 is scheduled for hearing in House State Affairs on Wednesday, February 18^th.

This week the Senate and House killed 4 death penalty bills.  The House State Affairs Committee killed two death penalty bills on Wednesday.  HB 1158 would have required that a victim’s opposition to the death penalty be presented at a presentence hearing.  The bill failed with a 10-2 vote.  HB 1159 would have permitted South Dakotans to express opposition to the death penalty when applying for a state issued identification card.  The bill failed 10-2.  Senate State Affairs killed two death penalty bills on Wednesday also.  SB 121 would have repealed the death penalty.  The bill failed 7-2.  SB 122 would have revised provisions to the death penalty including the addition of a requirement that a jury would have to find that the defendant is too dangerous to be incarcerated and is an ongoing danger to the public and the prison community.  The bill failed 7-2.

So far there have been 8 gun bills addressed in committee or seen on the floors.  HB 1096 would revise certain procedures for issuing a permit to carry a concealed pistol.  The bill passed the House 52-5.  HB 1215 would provide for an optional enhanced permit to carry a concealed pistol by enhancing reciprocity with other states.  It passed House State Affairs 12-0.  SB 192 would permit the sergeant-at-arms to carry concealed firearms in the state capital building under certain conditions.  On Thursday, it passed Senate Judiciary 5-2.  HB 1206 would authorize the concealed carry of pistols on public university campuses under certain circumstances.  The bill passed House Local Government Committee Thursday with a vote of 8-5.  HB 1183 would repeal the prohibition against carrying permitted concealed weapons in the state capitol building. The bill has been assigned to House Local Government Committee and has been deferred to next week.  HB1205 would provide for the certification by a chief law enforcement officer of the transfer of certain firearms.  The bill has been assigned to House Judiciary and scheduled for hearing on February 18.  There have been two gun bills that have been killed… SB 129 would revise provisions relating to trespass associated with hunting.  The bill passed Ag Committee 8-0 but failed on the Senate floor 12-21.  SB 162 would permit certain legislators to carry concealed firearms in the state capitol building under certain conditions.  On Thursday, it failed in Senate Judiciary with a vote of 1-6.

Some of the miscellaneous bills are:  SB 57- Authorize and regulate the playing of craps, roulette, and keno within Deadwood.  It passed Senate 27-7.  SB 73- Improve Public Safety Regarding Juvenile Justice passed the Senate 35-0.  HB 1195 – Declare void the transgender policy of the South Dakota High School Activities Association and to establish a determinant in identifying a student’s sexual identity for the purpose of participating in high school athletics.  The bill passed the House 51-16.  HB 1216- Repeal the limitation on the total amount or revenue payable from taxes on real property for all taxing districts, except school districts.  The bill failed the House 22-46.

We have three cracker barrels this coming Saturday the 21^st of February.  The first is in Avon at 9:00 AM in the convenience store on the highway, next is in Wagner at 10:30 AM in Booms Restaurant and then in Lake Andes at 1:00 PM in the Community Building on Main St.  I look forward to seeing many of you at these events.

Thank you again for giving me the privilege to serve you in the South Dakota House.   Please feel free to contact me any time at rep.qualm@state.sd.us or my cell phone (605) 207-0406.   Have a wonderful and blessed week.

Representative Lee Qualm

Chairman of House Ag and Natural Resources Committee

House Local Government Committee

State and Tribal Relations Committee