The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Jacob Brakke.

     Roll Call: All members present except Sens. Apa, Bartling, Hunhoff, Koetzle, and Two Bulls who were excused.

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

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

     And we hereby move the adoption of the report.

    "Section 1. That chapter 4-5 be amended by adding thereto a NEW SECTION to read as follows:

         Section 2. That chapter 4-5 be amended by adding thereto a NEW SECTION to read as follows:

         Section 3. That § 10-50-52 be amended to read as follows:

     10-50-52.   The first thirty million dollars in revenue collected annually pursuant to this chapter shall be deposited in the general fund. All revenue in excess of thirty million dollars collected annually shall be deposited in the tobacco prevention and reduction trust fund. Five million dollars of the revenue deposited annually in the tobacco prevention and reduction trust fund pursuant to this section shall be used to implement the tobacco prevention and reduction program. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the property tax reduction fund. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the education enhancement trust tobacco tax fund. Thirty-four percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the health care trust tobacco tax fund. "

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 198 and returns the same with the recommendation that said bill be amended as follows:

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  110 and tabled the same.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  217 which was deferred to the 41^st Legislative Day.

    "Section 22. That § 13-13-72.1 be amended to read as follows:

     13-13-72.1.   Any adjustments in the levies specified in subdivision 13-13-10.1(6) §  10-12- 42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. In addition to the adjustments in the levies provided by this section, the levies for nonagricultural property and owner-occupied single-family dwellings shall also be adjusted as necessary to account for the additional increase in the total assessed value for nonagricultural property and owner-occupied single-family dwellings pursuant to section 1 of this Act. "

    "Section 20. That § §  10-6-33.1, 10-6-33.4, 10-6-33.6, 10-6-33.14, 10-6-33.15, 10-6-33.17, 10-6-33.18, 10-6-33.19, 10-6-33.20, and 10-6-33.23 be repealed."

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 216 which was deferred to the 41^st Legislative Day.

    I have the honor to transmit herewith HB 1041, 1076, 1226, 1265, 1275, 1285, and 1286 which have passed the House and your favorable consideration is respectfully requested.

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

     Excused:
Apa; Bartling; Hunhoff; Koetzle; Two Bulls

     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.

    "Section 4. No health care facility, physician, nurse, or other person, is required to provide such rape survivor with materials developed and approved pursuant to Section 3 if doing so is contrary to the religious, moral, or ethical tenets of the health care facility, physician, nurse, or other person."