Senate Journal 1/28/2010 11:45 AM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 28, 2010

The Senate convened at 11:45 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Haley Henrichs.

Roll Call: All members present except Sen. Hansen (Tom) 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 eleventh 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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 46, 48, 64, and 66 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 26 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the printed bill, delete "twenty-seven thousand eight hundred seventy-eight" and insert "thirty thousand seven hundred twenty-seven".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 47 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete "4-18-19" and insert "4-8-19".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 71 and 73 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 7, 8, 10, and 11 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1020 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1022 and 1023 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 63 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. If the Department of Education receives a federal grant under the American Recovery and Reinvestment Act of 2009, Division A, Section 14006, Pub. L. No. 111-5 as amended to January 1, 2010, the department shall initiate a pilot charter school primarily for American Indian students from federally recognized tribes that is infused with cultural activities. The curriculum of the school shall emphasize science, technology, engineering, and mathematics as well as American Indian culture.

Section 2. Any entity seeking to establish the pilot charter school shall submit a written plan to the South Dakota Board of Education. The written plan shall include the following:

(1) A detailed business plan for the private charter school;

(2) A mission statement for the school;

(3) A description of the school's organizational structure that shall include an advisory council of no less than five, but no more than nine members;

(4) A financial plan for the first three years of operation of the school;

(5) A description of the school's location and facilities;

(6) A description of the grade levels that will be served;

(7) An assurance that state content standards will be addressed;

(8) An assurance that federal and state academic accountability measures will be met; and

(9) An outline of the criteria that will be used to measure the effectiveness of the school.

The Board of Education may request revisions to any written plan submitted and may approve any plan that meets the requirements in this section.

Section 3. Any pilot charter school established pursuant to this Act shall be public, nonsectarian, nonreligious, nonhome based, and nonprofit.

Section 4. American Indian students from federally recognized tribes shall be given enrollment priority at the pilot charter school. In its first year of operation, the school may enroll students on either a first-come, first-served basis, or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the school. In subsequent years of its operation, the school shall give preference to:

(1) Students who have been admitted to the pilot charter school through the approved admission process, and remain in attendance through subsequent grades; and

(2) Siblings of students already admitted to or attending the pilot charter school.

Section 5. Any pilot charter school established pursuant to this Act shall exist as an independent local education agency. All students enrolled in the pilot charter school shall be counted for the purposes of determining adequate yearly progress under the terms of the state accountability system established pursuant to § 13-3-69.

For the purposes of calculating state aid to general education distributed pursuant to chapter 13-13, South Dakota students enrolled in the school shall be counted in the pilot charter school's fall enrollment, and the state's financial obligation may not exceed the amounts set forth in chapter 13-13.

For the purposes of calculating state aid to special education distributed pursuant to chapter 13-37, any student in need of special education or special education and related services enrolled in the pilot charter school shall remain the financial responsibility of the student's resident school district.

Section 6. No pilot charter school established pursuant to this Act may generate or request local property tax revenue from the school district in which the school resides. Any expenditures of the pilot charter school that result in the acquisition or lease of or additions to real property,

plant, or equipment that would, in a school district, be paid from the school district's capital outlay fund set forth in § 13-16-6, are the financial responsibility of the entity establishing the pilot charter school.

Section 7. The charter of the pilot charter school shall:

(1) Document compliance with federal, state, and local rules, regulations, and statutes relating to health, safety, civil rights, and insurance;

(2) Assure that the pilot charter school is nonsectarian in its programs, admissions policies, employment practices, and all other operations;

(3) Assure that the pilot charter school provides a comprehensive program of instruction for grades nine through twelve and two years of postsecondary education;

(4) Assure that the pilot charter school meets all state laws and state administrative rules relating to schools, governing boards, and school districts;

(5) Assure cooperation with the Department of Education or the auditor general in any financial, program, or compliance audits conducted in addition to those required pursuant to § 4-11-7.1; and

(6) Document compliance with all federal and state laws relating to the education of children with disabilities in the same manner as a school district.

The charter of any pilot charter school established pursuant to this Act is effective for five years and may be amended at the request of the advisory council if the amendments are approved by the South Dakota Board of Education. A plan for renewal of the pilot charter school must be made to the Board of Education every five years.

Section 8. Any pilot charter school organized pursuant to this Act is eligible to apply for and receive federal grant funding.

Section 9. Any pilot charter school organized pursuant to this Act shall participate in the state retirement system established in chapter 3-12. The school may be exempt from continuing contract laws set forth in chapter 13-43, and its employee contracts may be collectively bargained.

Section 10. If a student previously enrolled in a pilot charter school enrolls in a public school in the state, the public school shall accept credits earned by the students in courses or instructional programs at the pilot charter school in a uniform and consistent manner, and according to the same criteria used to accept academic credits from other public schools."

On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "provide for the establishment of a pilot charter school in South Dakota if the Department of Education receives a federal grant to fund it."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SJR 1 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Wanda Blair of Meade County, Vale, South Dakota, to the State Brand Board and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Mark Kimball of Charles Mix County, Platte, South Dakota, to the State Brand Board and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1001, 1007, 1014, 1015, 1043, 1064, and 1103 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 1 Introduced by: Senators Brown, Adelstein, Dempster, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Haverly, Howie, Maher, Novstrup (Al), Olson (Russell), Rhoden, Schmidt, Tieszen, and Vehle and Representatives Steele, Cronin, Curd, Greenfield, Kirkeby, Kopp, Lederman, Lust, Moser, Novstrup (David), Olson (Betty), Peters, Putnam, Rausch, Rounds, Russell, Schlekeway, Verchio, and Wink

A CONCURRENT RESOLUTION, Opposing the government takeover of health care as currently proposed by Congress and encouraging preservation of states' rights regarding health care regulation.

WHEREAS, the federal government seeks to impose unfunded mandates on states to expand medicaid in excess of twenty-six billion dollars in the Senate-passed health care bill and thirty-four billion dollars in the House-passed version; and

WHEREAS, both pieces of legislation would increase the number of individuals covered under medicaid by forty percent. Consequently, the medicaid program would no longer be a safety net program; and

WHEREAS, in South Dakota, the Senate-passed bill would cost the State of South Dakota fifty-three million seven hundred thousand dollars between 2010 and 2019, and the House-passed bill would cost the State of South Dakota one hundred thirty-four million one hundred thousand dollars between 2013 and 2019; and

WHEREAS, this bill also cuts approximately four hundred seventy billion dollars from medicare to create a new federal long-term care health entitlement program at a time when medicare has thirty-eight trillion dollars in unfunded liabilities and will be insolvent by 2017; and

WHEREAS, the nonpartisan Congressional Budget Office estimates that under the Senate-passed bill, health insurance premiums for South Dakotans and all Americans will not decrease but will continue to increase at double the rate of inflation or more; and

WHEREAS, despite higher taxes, cuts to medicare, and increased federal health care spending, the Senate-passed legislation leaves twenty-three million Americans uninsured and the House-passed legislation leaves eighteen million Americans uninsured; and

WHEREAS, the Tenth Amendment to the United States Constitution states that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."; and

WHEREAS, the states primarily regulate today's health insurance market and provide aggressive oversight of all aspects of this market and enforce consumer protection as well as ensure a local, responsive presence for consumers:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-fifth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature is opposed to the health care reform proposal passed in the United States Senate and the United States House of Representatives, and strongly urges Congress not to adopt either measure or institute new federal review, oversight, or preemption of state health insurance laws.

Was read the first time and the President waived the referral to committee.

Sen. Knudson moved that the printed calendar of Thursday, January 28^th, the 12^th legislative day, be deferred to Monday, February 1, the 13^th legislative day.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 123 Introduced by: Senator Hundstad and Representative Tidemann

FOR AN ACT ENTITLED, An Act to suspend certain tax refunds, to suspend the issuance of permits providing tax refunds for certain facilities and productions, to suspend the issuance of permits allowing a lower rate of taxation for certain facilities, and to declare an emergency.

Was read the first time and referred to the Committee on State Affairs.

SB 124 Introduced by: Senators Knudson, Adelstein, Bartling, Brown, Dempster, Garnos, Gray, Hansen (Tom), Hanson (Gary), Heidepriem, Jerstad, Kloucek, Miles, Nelson, Nesselhuf, Olson (Russell), Peterson, Tieszen, and Vehle and Representatives Cutler, Curd, Elliott, Frerichs, Hunhoff (Bernie), Kirkeby, Lederman, Lucas, Lust, McLaughlin, Rausch, Rave, Schlekeway, Sorenson, Thompson, and Turbiville

FOR AN ACT ENTITLED, An Act to equate, within certain limits, the annual percentage increase in per student funding for general education and for special education to the projected change in state general fund revenue, and to require the Legislature to estimate general fund revenues for the current fiscal year and the next fiscal year.

Was read the first time and referred to the Committee on Education.

SB 125 Introduced by: Senators Gillespie, Gant, and Nesselhuf and Representatives Cutler, Hunhoff (Bernie), and Peters

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to violations associated with the statewide one-call notification system.

Was read the first time and referred to the Committee on Commerce.

SB 126 Introduced by: Senators Gillespie, Brown, Gant, Hundstad, and Maher and Representatives Bolin, Cronin, Elliott, Feickert, Hunhoff (Bernie), Lederman, and Olson (Betty)

FOR AN ACT ENTITLED, An Act to permit flexible staffing for local government public safety answering points.

Was read the first time and referred to the Committee on Judiciary.

SB 127 Introduced by: Senators Maher, Bradford, and Brown and Representatives Russell, Brunner, Elliott, Feickert, Frerichs, Kirkeby, Krebs, and Wink

FOR AN ACT ENTITLED, An Act to ensure certain rights related to the marketing of products, commodities, and livestock.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 128 Introduced by: Senators Novstrup (Al), Abdallah, Gant, Schmidt, Tieszen, and Turbak Berry and Representatives Lust, Engels, Kirkeby, and McLaughlin

FOR AN ACT ENTITLED, An Act to allow certain taxing districts to exceed the maximum property tax levy as the median level of assessment is adjusted.

Was read the first time and referred to the Committee on Taxation.

SB 129 Introduced by: Senators Novstrup (Al), Abdallah, Gant, Schmidt, Tieszen, and Turbak Berry and Representatives Lust, Engels, Feinstein, Kirkeby, and McLaughlin

FOR AN ACT ENTITLED, An Act to revise the taxable percentage of property for nonagricultural and owner-occupied property classifications.

Was read the first time and referred to the Committee on Taxation.

SB 130 Introduced by: Senators Fryslie, Hansen (Tom), Hanson (Gary), Maher, Peterson, and Vehle and Representatives Street, Feickert, Frerichs, Lange, McLaughlin, Rausch, Schlekeway, Sorenson, and Van Gerpen

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the township road system.

Was read the first time and referred to the Committee on Transportation.

SB 131 Introduced by: Senators Vehle and Tieszen and Representatives Krebs, Brunner, and Gosch

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning when motor vehicles are required to have lighted front and rear lamps.

Was read the first time and referred to the Committee on Transportation.

SB 132 Introduced by: Senators Nelson, Adelstein, Bradford, Heidepriem, Jerstad, Rhoden, and Tieszen and Representatives Romkema, Hoffman, Kirkeby, Kopp, McLaughlin, Moser, Olson (Betty), Rounds, Solum, Turbiville, and Verchio

FOR AN ACT ENTITLED, An Act to permit the utilization of certaion DNA samples to determine parentage under certain conditions.

Was read the first time and referred to the Committee on Judiciary.

SB 133 Introduced by: Senators Gant, Abdallah, Hansen (Tom), and Jerstad and Representatives Lederman, Fargen, Feickert, Greenfield, Kirkeby, and Russell

FOR AN ACT ENTITLED, An Act to revise certain procedures for handling complaints regarding open meeting requirements.

Was read the first time and referred to the Committee on Local Government.

SB 134 Introduced by: Senators Adelstein, Abdallah, Bradford, Fryslie, Gant, Heidepriem, Howie, Jerstad, Knudson, Maher, Merchant, Nesselhuf, Peterson, and Schmidt and Representatives Lederman, Blake, Bolin, Brunner, Curd, Deadrick, Engels, Feickert, Feinstein, Frerichs, Gibson, Gosch, Hamiel, Hoffman, Hunhoff (Bernie), Jensen, Killer, Kirkeby, Krebs, Lucas, Moser, Nygaard, Olson (Betty), Rave, Russell, Schlekeway, Schrempp, Solberg, Sorenson, Van Gerpen, and Verchio

FOR AN ACT ENTITLED, An Act to provide for divestiture of state investment funds in certain companies liable to sanctions under the Iran Sanctions Act of 1996.

Was read the first time and referred to the Committee on State Affairs.

SB 135 Introduced by: Senator Kloucek and Representatives Hoffman, Kirkeby, Lange, and Schrempp

FOR AN ACT ENTITLED, An Act to provide certain incentives for energy conservation by electric utilities through voltage regulation.

Was read the first time and referred to the Committee on State Affairs.

SB 136 Introduced by: Senators Garnos and Bartling and Representatives Juhnke, Deadrick, and Solberg

FOR AN ACT ENTITLED, An Act to allow municipalities to maintain the same number of on-sale alcoholic beverage licenses when certain on-sale alcoholic beverage licenses are not reissued.

Was read the first time and referred to the Committee on Commerce.

SB 137 Introduced by: Senators Howie, Abdallah, Adelstein, Bradford, Brown, Fryslie, Gant, Gray, Haverly, Nelson, Novstrup (Al), Rhoden, and Schmidt and Representatives Brunner, Kopp, Russell, and Verchio

FOR AN ACT ENTITLED, An Act to nullify certain federal health care laws within the state of South Dakota.

Was read the first time and referred to the Committee on State Affairs.

SB 138 Introduced by: Senators Vehle, Ahlers, Brown, Fryslie, Garnos, and Rhoden and Representatives Hamiel, Brunner, Carson, Cronin, Krebs, and McLaughlin

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding long-range financing plans required by the Board of Regents for improvements financed by private donations.

Was read the first time and referred to the Committee on State Affairs.

SB 139 Introduced by: Senators Vehle, Brown, Fryslie, Garnos, and Rhoden and Representatives Hamiel, Brunner, Carson, Cronin, Krebs, Lust, McLaughlin, and Street

FOR AN ACT ENTITLED, An Act to revise the membership of the State Building Committee created during the planning stages of certain state facilities.

Was read the first time and referred to the Committee on State Affairs.

SB 140 Introduced by: Senators Knudson, Abdallah, Adelstein, Bartling, Dempster, Garnos, Hansen (Tom), Nesselhuf, Olson (Russell), Tieszen, and Vehle and Representatives Cutler, Curd, Fargen, Frerichs, Greenfield, Kirkeby, Krebs, Lederman, Lust, McLaughlin, and Noem

FOR AN ACT ENTITLED, An Act to reorganize the Department of Tourism and State Development.

Was read the first time and referred to the Committee on State Affairs.

SB 141 Introduced by: Senators Gant, Bartling, Brown, Gillespie, Knudson, Turbak Berry, and Vehle and Representatives Rausch, Bolin, Cronin, Fargen, Frerichs, Lust, Olson (Betty), Pitts, and Schlekeway

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding documents or instruments filed with the register of deeds that may contain personally identifiable information.

Was read the first time and referred to the Committee on Local Government.

SB 142 Introduced by: Senators Heidepriem, Abdallah, Bartling, Gillespie, Hanson (Gary), Hundstad, Jerstad, Miles, Nesselhuf, and Peterson and Representatives Hunhoff (Bernie), Blake, Burg, Dennert, Elliott, Engels, Feickert, Feinstein, Frerichs, Gibson, Hamiel, Iron Cloud III, Killer, Kirkeby, Kirschman, Lange, Lucas, Schrempp, Sly, Solberg, Sorenson, Street, Thompson, Van Gerpen, Vanderlinde, and Wismer

FOR AN ACT ENTITLED, An Act to prohibit certain business entities and affiliated persons from making political campaign contributions to state officeholders or candidates if the business entity does contractual business with certain state agencies.

Was read the first time and referred to the Committee on State Affairs.

SB 143 Introduced by: Senators Heidepriem, Abdallah, Bartling, Gillespie, Hanson (Gary), Hundstad, Jerstad, Maher, Miles, Nesselhuf, Peterson, and Turbak Berry and Representatives Hunhoff (Bernie), Blake, Burg, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Iron Cloud III, Killer, Kirkeby, Kirschman, Lange, Lucas, Schrempp, Solberg, Sorenson, Street, Thompson, and Vanderlinde

FOR AN ACT ENTITLED, An Act to require the sale of aircraft under the control of the Department of Transportation and to declare an emergency.

Was read the first time and referred to the Committee on Appropriations.

SB 144 Introduced by: Senators Heidepriem, Gillespie, Hanson (Gary), Hundstad, Jerstad, Maher, Merchant, Miles, Nesselhuf, and Peterson and Representatives Hunhoff (Bernie), Blake, Burg, Dennert, Elliott, Engels, Fargen, Feickert, Feinstein, Gibson, Iron Cloud III, Killer, Kirschman, Lange, Schrempp, Solberg, Sorenson, Street, Thompson, and Vanderlinde

FOR AN ACT ENTITLED, An Act to limit increases in spending by state government.

Was read the first time and referred to the Committee on Appropriations.

SB 145 Introduced by: Senators Merchant, Ahlers, Jerstad, Nelson, and Tieszen and Representatives Romkema, Engels, Fargen, Feinstein, Frerichs, Hamiel, Iron Cloud III, Kirkeby, McLaughlin, Moser, Schlekeway, Solum, Sorenson, Vanderlinde, and Verchio

FOR AN ACT ENTITLED, An Act to revise certain qualifications for the South Dakota opportunity scholarship program.

Was read the first time and referred to the Committee on Education.

SB 146 Introduced by: Senators Ahlers and Brown and Representatives Schlekeway, Olson (Ryan), and Rave

FOR AN ACT ENTITLED, An Act to revise, under certain circumstances, the vote required to allow a public body to issue bonds.

Was read the first time and referred to the Committee on Local Government.

SB 147 Introduced by: Senators Vehle, Ahlers, Brown, Fryslie, and Maher and Representatives Krebs, Juhnke, and Street

FOR AN ACT ENTITLED, An Act to establish a legislative policy to biannually review the highway needs and adust the highway user fees.

Was read the first time and referred to the Committee on Transportation.

SB 148 Introduced by: Senators Tieszen, Abdallah, Gillespie, and Gray and Representatives Cutler, Engels, and Hunt

FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the withdrawal of blood to determine alcohol content.

Was read the first time and referred to the Committee on Judiciary.

SB 149 Introduced by: Senators Tieszen, Abdallah, Gillespie, and Gray and Representatives Cutler, Engels, and Hunt

FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the method of calculating subsequent DUI offenses.

Was read the first time and referred to the Committee on Judiciary.

SB 150 Introduced by: Senators Gillespie, Abdallah, Ahlers, Bradford, Hanson (Gary), Heidepriem, Jerstad, and Knudson and Representatives Thompson, Blake, Hunhoff (Bernie), Schrempp, Solberg, and Steele

FOR AN ACT ENTITLED, An Act to provide for an interim study of the potential creation of a Department of Veterans Affairs as a cabinet-level department.

Was read the first time and referred to the Committee on State Affairs.

SB 151 Introduced by: Senators Kloucek, Garnos, Hanson (Gary), and Turbak Berry and Representatives Verchio, Fargen, Feickert, Kirkeby, and Schrempp

FOR AN ACT ENTITLED, An Act to provide for a study of the feasibility of establishing an equine processing facility and to make an appropriation therefor.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 152 Introduced by: Senators Adelstein, Jerstad, and Merchant and Representatives Lederman, Feinstein, Lust, McLaughlin, and Sly

FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates and the contact preference of birth parents.

Was read the first time and referred to the Committee on Health and Human Services.

SB 153 Introduced by: Senators Adelstein, Abdallah, Jerstad, Nelson, Schmidt, Tieszen, and Turbak Berry and Representatives Kirkeby, Feinstein, Lederman, McLaughlin, and Solberg

FOR AN ACT ENTITLED, An Act to equalize certain maximum general fund levies for school districts.

Was read the first time and referred to the Committee on Taxation.

SB 154 Introduced by: Senators Adelstein and Bradford and Representatives Pitts, McLaughlin, and Nygaard

FOR AN ACT ENTITLED, An Act to prohibit the use of tanning devices by minors.

Was read the first time and referred to the Committee on Health and Human Services.

SB 155 Introduced by: Senators Brown and Gant and Representative Hamiel

FOR AN ACT ENTITLED, An Act to provide for the promulgation and adoption of administrative rules with a substantial financial impact upon political subdivisions of state government.

Was read the first time and referred to the Committee on Local Government.

SB 156 Introduced by: Senators Gray, Merchant, Olson (Russell), and Tieszen and Representatives Schlekeway, Bolin, Conzet, Fargen, Hoffman, Kopp, Lederman, Lucas, Moser, Olson (Betty), Romkema, Rounds, Russell, Sorenson, Steele, Vanneman, and Verchio

FOR AN ACT ENTITLED, An Act to require that determinations in both adult and juvenile court proceedings relative to a controlled substance violation of a high school student participating in extracurricular activities be reported to the South Dakota High School Activities Association and to the school administrator.

Was read the first time and referred to the Committee on Education.

SB 157 Introduced by: Senators Bradford, Abdallah, Adelstein, Brown, Dempster, Fryslie, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Knudson, Maher, Miles, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Pitts, Blake, Elliott, Engels, Gosch, Hunhoff (Bernie), Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Krebs, Lange, Lederman, Lucas, McLaughlin, Olson (Betty), Rausch, Rounds, Schlekeway, Sly, and Van Gerpen

FOR AN ACT ENTITLED, An Act to authorize the construction of nursing facilities on American Indian reservations under certain circumstances.

Was read the first time and referred to the Committee on Health and Human Services.

SB 158 Introduced by: Senators Jerstad, Adelstein, Merchant, Miles, and Nelson and Representatives Thompson, Blake, Bolin, Curd, Feinstein, Gibson, Hoffman, Jensen, Lange, Lederman, Lucas, McLaughlin, Vanderlinde, and Wismer

FOR AN ACT ENTITLED, An Act to provide certain requirements for tanning facilities.

Was read the first time and referred to the Committee on Health and Human Services.

SB 159 Introduced by: Senator Howie and Representative Moser

FOR AN ACT ENTITLED, An Act to allow a nonpublic school that is not accredited by the state to be a member of the South Dakota High School Activities Association.

Was read the first time and referred to the Committee on Education.

SJR 6 Introduced by: Senators Heidepriem, Ahlers, Hanson (Gary), Hundstad, Jerstad, Maher, Merchant, Miles, Nesselhuf, and Turbak Berry and Representatives Fargen, Blake, Burg, Elliott, Gibson, Kirschman, Lange, Lucas, Schrempp, Solberg, Sorenson, Thompson, Vanderlinde, and Wismer

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Articles IV and VIII of the Constitution, to combine the duties of the treasurer and the commissioner of school and public lands.

Was read the first time and referred to the Committee on State Affairs.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue certain special alcoholic beverage licenses and to repeal certain special alcoholic beverage licenses.

Was read the first time and referred to the Committee on Commerce.

HB 1007: FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain statutes related to the Aeronautics Commission.

Was read the first time and referred to the Committee on Transportation.

HB 1014: FOR AN ACT ENTITLED, An Act to define trophy and nontrophy antelope, mule deer, white-tailed deer, and elk, and establish court-imposed, criminal fines for the unlawful taking of trophy animals.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1015: FOR AN ACT ENTITLED, An Act to repeal the imposition of the five dollar surcharge on mentored youth big game hunting licenses.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1043: FOR AN ACT ENTITLED, An Act to revise the risk pool rate methodology, to revise the number of risk pool benefit plans offered, and to revise open enrollment for uninsurable children.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1064: FOR AN ACT ENTITLED, An Act to establish a process for persons exposed to certain blood-borne infections to require testing for blood-borne pathogens and to provide for the confidentiality of the source individual.

Was read the first time and referred to the Committee on Judiciary.

HB 1103: FOR AN ACT ENTITLED, An Act to authorize the use of golf carts in certain municipalities and improvement districts.

Was read the first time and referred to the Committee on Local Government.

Sen. Gray moved that the Senate do now adjourn, which motion prevailed and at 12:02 p.m. the Senate adjourned.

Trudy Evenstad, Secretary