The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by Senate pages Jesse Oelkers and Colin Luce.

     Roll Call: All members present.

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twentieth 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 Appropriations respectfully reports that it has had under consideration SB 11, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

    "Section 1. That § 13-55-30 be amended to read as follows:

     13-55-30.   There is established the regents South Dakota scholarship program to be administered by the Board of Regents. The purpose of the program is to allow South Dakota's most academically accomplished high school graduates to receive an affordable education at any university, college, or technical school that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in South Dakota.

     Section 2. The term, regents scholarship program, wherever it is used in chapter 13-55 means South Dakota scholarship program. The Code Commission in future supplements and revisions of chapter 13-55 of the South Dakota Codified Laws, shall substitute the term, South Dakota scholarship program, and its derivatives for the term, regents scholarship program, and its derivatives.

     Section 3. That § 13-55-33 be amended to read as follows:

     13-55-33.   One-half of the annual scholarship award shall be paid to public institutions on behalf of eligible students there enrolled or directly to eligible students enrolled at nonpublic institutions at the beginning of the fall semester and the other half shall be paid at the beginning of the spring semester. The amount of the annual award shall be as follows:

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 48 and returns the same with the recommendation that said bill be amended as follows:

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 150, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

    "Section 1. That section 11 of chapter 2 of the 2003 Session Laws be amended to read as follows:

     Section 2. The funds appropriated in section 1 of this Act shall be distributed by the secretary of the Department of Education who shall calculate each school district's share of this money as follows:

     Section 4. That section 13 of chapter 2 of the 2003 Session Laws be amended to read as follows:

	GENERAL FUNDS	FEDERAL FUNDS	OTHER FUNDS	TOTAL FUNDS
BOARD OF REGENTS
After Regents System Office, insert:
South Dakota Scholarship Program
Personal Services	$0	$0	$0	$0
Operating Expenses	$650,000	$0	$0	$650,000
Total	$650,000	$0	$0	$650,000
F.T.E.				0.0

Adjust all totals accordingly.

     Section 5. The funds appropriated in section 4 of this Act shall be awarded for use in the academic year 2004-2005.

     Section 6. That section 30 of chapter 2 of the 2003 Session Laws be amended to read as follows:

     Section 30. The state treasurer shall transfer to the state general fund money from the education enhancement trust fund, the amount identified by notice of the state investment officer pursuant to §  4-5-29.2, for enhancement of technology in schools, state aid to general education and , state aid to special education , K-12 schools, school and public lands distribution, postsecondary vocational education, and the South Dakota scholarship program .

     Section 7. General funds appropriated by this Act which are unspent at the end of fiscal year 2004 shall be reappropriated to fiscal year 2005.

     Section 8. This Act is effective June 20, 2004."

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 178 and returns the same with the recommendation that said bill be amended as follows:

    "Section 1. That § 13-51-1 be amended to read as follows:

     13-51-1.   The Except for projects authorized under chapter 13-51A, the Board of Regents of this state is hereby expressly prohibited from acquiring land or acquiring or erecting any buildings or structures , or from maintaining and equipping such buildings or structures , or making entering into any lease or lease-purchase payments for any purposes authorized in §  13- 51-2 agreements for any land, buildings, or structures, that would be accounted for as capital leases in accordance with generally accepted accounting principles, without the prior approval of the Legislature first obtained or the special interim committee created in §  4-8A-2 .

     Section 2. That § 4-8A-3 be amended to read as follows:

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1018 and returns the same with the recommendation that said bill be amended as follows:

    "Section 5. No general fund dollars may be used for maintenance and repair of the facility authorized by this Act, nor may the facility be added to any list of projects receiving funding support from the statewide maintenance and repair fund created in §  5-14-30."

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 125 and 204 and tabled the same.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 143 which was deferred to the 36^th Legislative Day.

    The Committee on Education respectfully reports that it has had under consideration the nomination of Glenda Woodburn of Hughes County, Pierre, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of David Law of Codington County, Watertown, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Rick Knobe of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 88, 200, 201, 214, 215, and 216 and finds the same correctly enrolled.

    I have the honor to transmit herewith HB 1091, 1158, 1176, 1183, 1199, 1237, 1239, and 1309 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1010 which has been adopted by the House and your concurrence is respectfully requested.

     No member moved to reconsider the vote by which SB 145 lost.

     Excused:
Ham-Burr

     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.

     Excused:
Ham-Burr

     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.

     Excused:
Ham-Burr

     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.

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens

     Nays:
Koskan

     Excused:
Ham-Burr; Vitter

     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.

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Abdallah; Kelly

     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.

     Yeas:
de Hueck; Kloucek; Koetzle; Moore; Nachtigal; Schoenbeck; Sutton (Dan); Symens

     Nays:
Abdallah; Albers; Apa; Bogue; Brown; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Knudson; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Napoli; Olson (Ed); Reedy; Sutton (Duane); Vitter

     So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

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

     Was read the second time.

     Was read the second time.

     Which motion prevailed.

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Merton Clarkson of Harding County, Ludlow, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Spencer Hawley of Brookings County, Brookings, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Randall Kemink of Potter County, Gettysburg, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

     SB 216: FOR AN ACT ENTITLED, An Act to  create the Science and Technology Authority, to provide for its powers and duties, and to declare an emergency.

     HB 1100: FOR AN ACT ENTITLED, An Act to  provide for additional uses of the county lawbook and law library fund.

     HB 1101: FOR AN ACT ENTITLED, An Act to  limit the time period during which children in need of supervision may be held in a detention facility.

     HB 1102: FOR AN ACT ENTITLED, An Act to  repeal and reestablish an Interstate Compact on Juveniles.

     And signed the same in the presence of the Senate.

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