The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by Senate page J. D. Krein.

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

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

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1311 and returns the same with the recommendation that said bill be amended as follows:

    "Nothing in this section permits the substitution of an equivalent drug product contrary to §  36-11-46.2".

    "Section 1. That section 7 of chapter 2 of the 2003 Session Laws be amended to read as follows:

    DEPARTMENT OF SOCIAL SERVICES
        Medical Services
        Operating Expenses, General Funds, delete "$83,126,535" and insert "$81,305,557"
        Operating Expenses, Federal Funds, delete "$209,308,815" and insert "$233,407,510"
Adjust all totals accordingly.

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

    DEPARTMENT OF EDUCATION
        State Aid to General Education
        Operating Expenses, General Funds, delete "$268,151,418" and insert "$218,151,418"
Adjust all totals accordingly.

     Section 3. That section 15 of chapter 2 of the 2003 Session laws be amended to read as follows:

    DEPARTMENT OF CORRECTIONS
        Juvenile Community Corrections
        Operating Expenses, General Funds, delete "$7,268,439" and insert "$6,942,053"
Adjust all totals accordingly.

    DEPARTMENT OF HUMAN SERVICES
        Developmental Disabilities
        Operating Expenses, General Funds, delete "$24,611,973" and insert "$22,658,200"

        South Dakota Developmental Center_Redfield
        Personal Services, General Funds, delete "$5,313,143" and insert "$4,851,117"
        Operating Expenses, General Funds, delete "$1,740,880" and insert "$1,628,822"

        Rehabilitation Services
        Operating Expenses, General Funds, delete "$2,720,897" and insert "$2,646,233"

        Human Services Center
        Personal Services, General Funds, delete "$16,652,285" and insert "$16,445,922"
        Operating Expenses, General Funds, delete "$8,082,977" and insert "$8,047,875"

        Community Mental Health
        Personal Services, General Funds, delete "$382,887" and insert "$376,193"
        Operating Expenses, General Funds, delete "$10,248,064" and insert "$9,916,479"

Adjust all totals accordingly.

     Section 5. This Act is effective June 15, 2004."

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1218, which was reconsidered, 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 HB 1223 and tabled the same.

    "Section 1. That § 10-33-21 be amended to read as follows:

     10-33-21.   All persons, corporations, cooperatives, and associations engaged in furnishing and providing telephone and exchange service comprising rental and toll service by means of wired circuits and otherwise and whose annual gross receipts are less than fifty million dollars shall be taxed on the basis of gross receipts , according to one of the two following schedules at the rate of four percent . Whichever schedule provides the lesser percentage of tax shall be applied by the Department of Revenue:

     Section 2. That § 10-33-22 be amended to read as follows:

     10-33-22.   The term, average number of customers per mile of line (density), as used in §   10-33-21 means total number of subscribers, customers, or patrons in this state, divided by the total number of miles of line of such person, company, corporation, cooperative, or association in this state. The term, line, as used in § §   10-33-21 and 10-33-22 shall not necessarily mean a single circuit but shall be the aggregate of all communications transmission circuits, voice or otherwise, and associated attachments and appurtenances thereto. Such persons, corporations, cooperatives, and associations are herein referred to as "companies." The term, company, means any person, corporation, cooperative, association, or other entity providing telephone and exchange service, rental and toll service.

     Section 3. That § 10-33-27 be amended to read as follows:

     10-33-27.   If the tax levied under §   10-33-21 is not paid on the due date a penalty of up to five percent of the amount of the tax shall may be imposed for each month of delinquency, and if any telephone company shall fail fails to report its gross receipts to the secretary of revenue and regulation, said the company shall may be penalized up to twenty-five percent of the tax due. Provided, further, that such Such tax may be enforced and collected by distress and sale of the personal and real property of such company in the same manner as is now provided for the collection of real property taxes and mobile home taxes pursuant to chapter 10-22. The tax levied under §  10-33-21 shall be administered pursuant to chapter 10-59, unless a contrary provision in this chapter applies. "

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Kay Jorgensen of Lawrence County, Spearfish, 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.

    I have the honor to return herewith SB 7 which has been amended by the House and your concurrence in the amendments is respectfully requested.

     Excused:
Abdallah

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the amendments were concurred in.

     Was read the first time and the President waived the committee referral and placed HCR 1016 on the calendar of Tuesday, February 24, the 31^st legislative day.

     Was read the second time.

     Having had its second reading was up for consideration and final passage.

    "Section 4. That chapter 10-4 be amended by adding thereto a NEW SECTION to read as follows:

    Which request was supported.

     The question being on Sen. Moore's motion that HB 1281 be further amended.

     And the roll being called:

     Yeas 13, Nays 19, Excused 3, Absent 0

     Yeas:
Apa; Bogue; Dennert; Kloucek; Koetzle; Koskan; Moore; Nachtigal; Napoli; Reedy; Sutton (Duane); Symens; Vitter

     Nays:
Albers; Brown; Dempster; Duenwald; Duniphan; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Knudson; Kooistra; Kurtenbach; LaPointe; McCracken; Olson (Ed); Schoenbeck; Sutton (Dan)

     Excused:
Abdallah; de Hueck; Duxbury

     So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

     And the roll being called:

     Yeas 17, Nays 16, Excused 2, Absent 0

     Yeas:
Brown; de Hueck; Dempster; Duniphan; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Knudson; Kurtenbach; LaPointe; McCracken; Olson (Ed); Schoenbeck; Sutton (Dan)

     Nays:
Albers; Apa; Bogue; Dennert; Duenwald; Kloucek; Koetzle; Kooistra; Koskan; Moore; Nachtigal; Napoli; Reedy; Sutton (Duane); Symens; Vitter

     Excused:
Abdallah; Duxbury

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

    "Section 1. The Department of Education may enter into agreements with the responsible parties from the state of North Dakota for the purpose of allowing an open enrollment policy between South Dakota and North Dakota.

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent 0

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

     Nays:
de Hueck; Earley; Kelly; Kloucek; Kooistra; Kurtenbach; Nachtigal; Schoenbeck

     Excused:
Abdallah

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 64 and 217 and finds the same correctly enrolled.

     Nays:
Dennert; Duxbury; Kloucek

     Excused:
Abdallah; Reedy

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    "Section 1. That chapter 33-6 be amended by adding thereto a NEW SECTION to read as follows:

    "Section 1. Terms used in this Act mean:

management, bookkeeping, and other subjects necessary to complete a small business management curriculum.

     Section 3. Each instructor of an adult small business management course shall have experience in successfully operating and managing a small business. The annual salary paid to each instructor for teaching an adult small business management course may not be less than twenty thousand dollars.

     Section 4. There shall be at least one instructor for each twenty-five students enrolled in an adult small business management course.

     Section 5. There is hereby appropriated from the general fund the sum of two hundred thousand dollars ($200,000) to the Department of Education to pay for start-up costs incurred by the postsecondary vocational technical institutes associated with the establishment and offering of an adult small business management program.

     Section 6. An eligible participant is eligible for reimbursement of reimbursable costs according to the following schedule: first year, one hundred percent of reimbursable costs; second year, seventy-five percent of reimbursable costs; third, fourth, and fifth years, fifty percent of reimbursable costs.

     Section 7. The Department of Education shall pay fifty percent of reimbursable costs to an eligible participant within thirty days of enrollment in the adult small business management program and the remaining fifty percent upon successful completion of the program.

     Section 8. The Department of Education shall promulgate rules, pursuant to chapter 1-26, to establish the adult small business management curriculum and to make payments as provided for in this Act.

     Section 9. Expenditures authorized by this Act shall be paid on warrants drawn by the state auditor on vouchers approved by secretary of the Department of Education."

     Excused:
Abdallah

     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.

     Was read the second time.

    "Section 5. That chapter 11-2 be amended by adding thereto a NEW SECTION to read as follows:

     Was read the second time.

     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.

     Nays:
LaPointe

     Excused:
Abdallah

     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.

     SB 91: FOR AN ACT ENTITLED, An Act to  appropriate money to the Ellsworth Air Force Base task force to promote and facilitate the retention of Ellsworth Air Force Base.

     SB 164: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the county zoning laws.

     SB 167: FOR AN ACT ENTITLED, An Act to  provide immunity from liability for certain owners of anhydrous ammonia.

     SB 188: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to access to isolated tracts of land.

     SB 193: FOR AN ACT ENTITLED, An Act to  restrict the investment of insurers in certain investment assets.

     SB 217: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a thermophilic anaerobic manure digestion system for the South Dakota Agricultural Experiment Station, to make an appropriation therefor, and to declare an emergency.

     HB 1074: FOR AN ACT ENTITLED, An Act to  prohibit the providing of false or misleading information to the Public Utilities Commission and to provide a penalty therefor.

     HB 1098: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to referendums in county road districts.

     HB 1114: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to school district boundary changes.

     HB 1175: FOR AN ACT ENTITLED, An Act to  establish the brownfields revitalization and economic development program and to provide for the continuous appropriation of certain federal funds.

     HB 1184: FOR AN ACT ENTITLED, An Act to  authorize a payor to make a deduction for transmitting an amount of an obligor's income pursuant to a child support order for withholding.

     HB 1199: FOR AN ACT ENTITLED, An Act to  exempt certain nonprofit organizations providing dental care from dental licensure requirements.

     HB 1201: FOR AN ACT ENTITLED, An Act to  authorize the issuance of revenue bonds to finance certain water pipelines or aqueducts.

     HB 1235: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to pull- tab dispensing machines.

     And signed the same in the presence of the Senate.