The prayer was offered by the Chaplain, Rev. Jenny Hallenbeck, followed by the Pledge of Allegiance led by Senate pages Annie Mulloy and Danielle Long.

     Roll Call: All members present except Sens. Haverly and Hunhoff who were excused.

     Which motion prevailed.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 144 and returns the same with the recommendation that said bill be amended as follows:

     Section 2. Any contract retained pursuant to section 1 of this Act may be made available to the public through a publicly accessible internet website or database."

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James Roby of Codington County, Watertown, South Dakota, to the South Dakota Building Authority 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 State Affairs respectfully reports that it has had under consideration SB  175 and 182 which were deferred to the 41^st Legislative Day.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1021 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1110 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 186 and returns the same with the recommendation that said bill be amended as follows:

     Section 3. That chapter 25-7 be amended by adding thereto a NEW SECTION to read as follows:

     Section 4. That chapter 25-7 be amended by adding thereto a NEW SECTION to read as follows:

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1086 and returns the same with the recommendation that said bill be amended as follows:

    "(6)    Any surplus shall be returned to defendant."

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 146 which was tabled.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1171 and 1186 and returns the same with the recommendation that said bills do pass.

    The Committee on Education respectfully reports that it has had under consideration SB 126 and returns the same with the recommendation that said bill be amended as follows:

" enrolls in a general education development test preparation program that is school-based or for which a school contracts and successfully completes the test or reaches the age of eighteen years.

    A child is eligible to enroll in a school-based or school-contracted general education development test preparation program or take the general education development test if the child is sixteen or seventeen years of age, and the child presents written permission from the child's parent or guardian and one of the following:

"enrolls in a general education development test preparation program that is school-based or for which a school contracts and successfully completes the test or reaches the age of eighteen years.

    A child is eligible to enroll in a school-based or school-contracted general education development test preparation program or take the general education development test if the child is sixteen or seventeen years of age, and the child presents written permission from the child's parent or guardian and one of the following:

    "Section 5. The Department of Labor may promulgate rules pursuant to chapter 1-26 to establish general education development testing procedures for children who take the test pursuant to § 13-27-1."

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1154 and returns the same with the recommendation that said bill be amended as follows:

    "Section 5. That ARSD 24:40:13:02 be amended to read as follows:

     24:40:13:02.  Initial eligibility requirements. In order to be eligible to receive a South Dakota Opportunity Scholarship, a student must:

    (1)  Be graduated from high school with a cumulative average grade of "B" (3.0 on a 4.0 scale), or greater, for all work attempted;

    (2)  Be a resident of South Dakota at the time of graduation from high school;

    (4)  Receive a composite score on the ACT of at least 24 or a combined verbal and mathematics score on the SAT of at least 1070;

    (5)  Complete the required number of high school courses in the following subjects:

        (a)  Four units of English: courses with major emphasis upon grammar, composition, or literary analysis. One year of debate instruction may be included to meet this requirement;

        (b)  Four units of algebra or higher mathematics: algebra, geometry, trigonometry, or other advanced mathematics, including accelerated or honors mathematics (algebra) provided at the 8^th grade level. Arithmetic, business, consumer or general mathematics, or other similar courses, are not included;

        (c)  Four units of science, including three units of approved laboratory science: courses in biology, chemistry, or physics in which at least one regular laboratory period is scheduled each week. Accelerated or honors science (biology, physics, or chemistry) provided in the 8^th grade are accepted. Qualifying physical science or earth science courses (with lab) may be accepted on a case-by-case basis;

        (d)  Three units of social studies: history, economics, sociology, geography, United States or South Dakota government, American Problems, and similar courses;

        (e)  Two units of a modern or classical language, including American Sign Language. The two units must be in the same language;

        (f)  One unit of fine arts: effective for the fall 2005 semester for students graduating from South Dakota high schools, one unit in art, theatre, or music. Such credit may be in appreciation, analysis, or performance. Through the fall 2004 semester for students graduating from South Dakota high schools, one-half unit of art, theatre, or music is required. Such credit may be in appreciation, analysis, or performance;

        (g)  One half unit of computer science: students must have basic keyboarding skills, experience in using computer word processing, database, and spreadsheet packages, and experience in using the Internet or other wide area networks;

     Any No more than one course in which a student received a final grade below a "C" (2.0 on a 4.0 scale) may not be counted for purposes of this subdivision. If a student who receives disqualifying grades in courses required under this subdivision retakes those courses while in high school, the student may still qualify for eligibility if the student has the required number of courses with grades of C or above in each subcategory;

    (6)  Attend a participating institution; and

    (7)  Enter into the scholarship program within five years of the date of graduation from high school. A student who entered active military duty immediately after the date of graduation from high school may qualify for the scholarship if the student's release from military service occurs within five years from the student's graduation and the student enters the scholarship program within one year of the student's release from active military duty."

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  189 which was deferred to the 41^st Legislative Day.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1059 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 133 and returns the same with the recommendation that said bill be amended as follows:

    "Section 1. That chapter 47-21 be amended by adding thereto a NEW SECTION to read as follows:

    "Section 6. That chapter 47-21 be amended by adding thereto a NEW SECTION to read as follows:

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1152 and returns the same with the recommendation that said bill be amended as follows:

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  85 which was deferred to the 41^st Legislative Day.

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Haverly; Hunhoff (Jean)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1008 was concurred in.

     Was read the second time.

    "Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

     Excused:
Haverly; Hunhoff (Jean)

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

     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.

     Excused:
Haverly; Hunhoff (Jean)

     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 § 32-3A-38.1 be amended to read as follows:

     32-3A-38.1.   Upon the sale, assignment, or transfer of a large boat, or if registering a large boat in South Dakota which is titled in another state or jurisdiction, the seller, assignor, or transferor, or person wishing to register in South Dakota a large boat which is titled in another state or jurisdiction shall submit an accurately completed damage disclosure statement when applying for a certificate of title pursuant to § 32-3A-20. The completed damage disclosure statement may be on the back of the certificate of title or on a separate document that has been approved for use by the department. No certificate of title may be issued by the department unless the damage disclosure statement accompanies the application. It is a Class 1 misdemeanor to intentionally falsify any information on the damage disclosure statement. No person is liable to a subsequent owner of a large boat because a prior owner of the large boat failed to disclose that the large boat had previously been damaged and repaired. This section applies to any large boat with damage in excess of five eight thousand dollars or forty percent of the boat's clean fair market value immediately prior to sustaining damage, as determined by the then current Midwest Edition of the National Automobile Dealer's Association (NADA) Guide, using all options, additions, and deductions, whichever is less, and is six years old or less. If the large boat has incurred damages more than once, only those damages which occurred at one time would be considered in determining whether the damages exceeded five eight thousand dollars or forty percent of its clean retail fair market value immediately prior to sustaining damage, as determined by the most current Midwest Edition of the NADA Guide, whichever is less. The NADA Guide may be available through a public library, insurance agent, auto dealer, or online at www.nadaguides.com .

     Section 6. That § 32-3A-38.4 be amended to read as follows:

     32-3A-38.4.   The department shall promulgate rules, pursuant to chapter 1-26, to prescribe the format for the damage disclosure statement provided by § 32-3A-38.1. An area for a damage disclosure statement shall appear on the back of each certificate of title issued by the department. The department may also approve separate documents on which a damage disclosure statement may be submitted. The damage disclosure statement form shall indicate whether the large boat has been damaged such that it cost more than five eight thousand dollars or forty percent of its clean retail fair market value immediately prior to sustaining damage, as determined by the most current Midwest Edition of the NADA Guide, whichever is less, to repair to its predamaged condition and any other damage information the department deems appropriate. If a separate document from the certificate of title contains the damage disclosure statement, the document shall also require the following information: year, make, model, and hull identification number of the large boat.

     Section 7. That § 32-3A-38.7 be amended to read as follows:

     32-3A-38.7.   Each certificate of title issued by the department shall contain the following phrase: South Dakota state law requires the disclosure of damage on large boats. This information is available upon written request from the Department of Revenue and Regulation. Each certificate of title shall also contain on its front a statement as to whether previous damage disclosure statements indicate the large boat had been damaged at one time in excess of five eight thousand dollars or forty percent of its clean retail fair market value immediately prior to sustaining damage, as determined by the most current Midwest Edition of the NADA Guide, whichever is less . "

     Was read the second time.

     Was read the second time.

     Was read the second time.

     Yeas 21, Nays 12, Excused 2, Absent 0

     Yeas:
Adelstein; Ahlers; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Jerstad; Kloucek; Knudson; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Rhoden; Tieszen; Turbak Berry; Vehle

     Nays:
Abdallah; Bartling; Bradford; Brown; Hanson (Gary); Heidepriem; Howie; Hundstad; Maher; Novstrup (Al); Peterson; Schmidt

     Excused:
Haverly; Hunhoff (Jean)

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

     Nays:
Adelstein; Gillespie; Hansen (Tom); Maher; Nelson; Novstrup (Al)

     Excused:
Haverly; Hunhoff (Jean)

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

     HB 1092: FOR AN ACT ENTITLED, An Act to  regulate the practice of genetic counseling and to prohibit the practice of genetic counseling without a license.

     HB 1097: FOR AN ACT ENTITLED, An Act to  provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.

     And signed the same in the presence of the Senate.