The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by House page Elizabeth Pier.

     Roll Call: All members present.

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-fifth day.

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

     And we hereby move the adoption of the report.

    I have the honor to transmit herewith SCR 10 which has been adopted by the Senate and your concurrence is respectfully requested.

     Which motion prevailed.

     Nays:
Van Norman

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

"      Section 13. It is the intention of this Legislature that funds deposited in the tobacco development interest fund and the tobacco settlement residual fund be expended for:

     Was read the second time.

     Yeas 56, Nays 11, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Duenwald; Hanson (Gary); Hargens; Hundstad; Jaspers; Kloucek; Monroe; Nachtigal; Peterson (Jim); Teupel; Valandra

     Excused:
Elliott; Nesselhuf

     Absent:
Burg

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Nays:
Hanson (Gary); Kloucek; Valandra

     Excused:
Adelstein; Elliott; Nesselhuf; Van Gerpen

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

"

    Speaker Pro tempore Michels now presiding.

     Which motion prevailed and SB 234 was so amended.

     Nays:
Begalka; Juhnke; Monroe

     Excused:
Elliott

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 209.

     Excused:
Elliott

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

     Section  2.  Terms used in this Act mean:

     Section  4.  The purpose of this program is to reward graduating South Dakota high school seniors, designated as regents scholars, with a one-time, one thousand dollar ($1,000) scholarship, thereby encouraging them to continue their postsecondary education in South Dakota at any eligible institution.

     Section  5.  There is hereby appropriated from the people's interest fund the sum of one million two hundred thousand dollars ($1,200,000), or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide scholarships pursuant to this Act.

     Section  6.  The secretary of the Department of Education and Cultural Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section  7.  Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2002, shall revert in accordance with §   4-8-21.

     Section  8.  The secretary may award a regents scholar scholarship in the amount of one thousand dollars ($1,000), to any qualified, designated regents scholar as defined in this Act.

     Section 10. Each applicant, in accordance with the rules promulgated by the secretary, shall:

"      Section 6. No scholarship may be awarded and no payment may be made pursuant to the regents scholarship program prior to July 1, 2002.".

     Which motion prevailed and SB 239 was further amended.

"      Section 1. Each school district is entitled to an amount equal to ten percent of the amount of money received each year under the provisions of the Regent's Scholarship Program as enacted by the Seventy-sixth Legislative Assembly by a student who has graduated from the school district. The entitlement provided for in this section is contingent upon the student successfully meeting the terms of the scholarship and successfully completing a full academic year.

     Section 2. A school district shall annually apply to the Board of Regents for its entitlement as provided for in section 1 of this Act.

     Section 3. Notwithstanding §  10-50B-11, there is hereby continuously appropriated out of any money in the people's trust fund any money necessary to provide the entitlement provided for in this Act to the Board of Regents.

     Section 4. The Board of Regents may promulgate rules pursuant to chapter 1-26 to accept applications and establish eligibility criteria."

     Rep. Bill Peterson moved that the House do now recess until 5:06 p.m., which motion prevailed and at 4:51 p.m., the House recessed.

"      Section 8. Each school district is entitled to an amount equal to ten percent of the amount of money received each year under the provisions of the Regent's Scholarship Program as enacted by the Seventy-sixth Legislative Assembly by a student who has graduated from the school district. The entitlement provided for in this section is contingent upon the student successfully meeting the terms of the scholarship and successfully completing a full academic year.

     Section 9. A school district shall annually apply to the Department of Education and Cultural Affairs for its entitlement as provided for in section 8 of this Act.

     Section 10. The Department of Education and Cultural Affairs may promulgate rules pursuant to chapter 1-26 to accept applications and establish eligibility criteria.".

     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Duenwald; Duniphan; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hundstad; Jaspers; Juhnke; Kloucek; Kooistra; Lange; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Solum; Sutton (Duane); Teupel; Valandra; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Davis; Derby; Flowers; Fryslie; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jensen; Klaudt; Koistinen; Konold; Lintz; Nachtigal; Pederson (Gordon); Rhoden; Slaughter; Smidt; Van Etten

     Excused:
Elliott

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

    I have the honor to inform your honorable body that HB 1250 was lost on second reading and final passage.

     The question being on Rep. Solum's motion that SB 242 be laid on the table.

     And the roll being called:

     Yeas 56, Nays 13, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Murschel; Nachtigal; Napoli; Pederson (Gordon); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Bartling; Begalka; Burg; Gillespie; Hargens; Kloucek; Michels; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Smidt; Speaker Eccarius

     Excused:
Elliott

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 242 was laid on the table.

     Excused:
Elliott

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Nays:
Broderick; Brown (Richard); Duenwald; Duniphan; Frost; Fryslie; Garnos; Heineman; Hennies (Thomas); Jaspers; Jensen; Juhnke; Klaudt; Koistinen; McCaulley; McCoy; Michels; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Richter; Smidt; Solum; Sutton (Duane); Van Etten; Wick; Speaker Eccarius

     Excused:
Elliott; Holbeck

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Was read the second time.

     Nays:
Burg; Flowers; Frost; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Jaspers; Klaudt; Konold; Lange; Madsen; McCoy; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Richter; Sigdestad; Sutton (Duane); Speaker Eccarius

     Excused:
Elliott

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

"      Section 1. The Legislature finds that the decision of the State Cement Plant, the Governor, and the Special Session of the Seventy-fifth Legislative Assembly to facilitate the sale of the South Dakota State Cement Plant to Grupos Cementos De Chihuahua was not in the best interests of the citizens of the State of South Dakota."

     Which motion prevailed and Rep. Kloucek's motion to amend SB 229 was laid on the table.

     Excused:
Elliott

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 118 was up for reconsideration and final passage.

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1016, 1037, 1073, 1180, 1208, and 1229 and finds the same correctly enrolled.

     HB 1229: FOR AN ACT ENTITLED, An Act to  make an appropriation to provide grants to out-of-school time programs in the state and to declare an emergency.

     SB 56: FOR AN ACT ENTITLED, An Act to  revise the definitions of big game and small game.

     SB 57: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to anatomical gifts.

     SB 64: FOR AN ACT ENTITLED, An Act to  authorize the Department of Agriculture and the Department of Game, Fish and Parks to designate certain species as needing both control and protection.

     SB 87: FOR AN ACT ENTITLED, An Act to  provide for uniform prescription drug information cards.

     SB 92: FOR AN ACT ENTITLED, An Act to  provide for the care of certain abandoned children and for the termination of parental rights.

     SB 107: FOR AN ACT ENTITLED, An Act to  revise and update certain provisions of the Uniform Commercial Code.

     SB 114: FOR AN ACT ENTITLED, An Act to  modify the funding level for the local government transportation technology transfer special revenue fund.

     SB 150: FOR AN ACT ENTITLED, An Act to  revise certain conditions regarding the authorization of bingo or lotteries for restricted purposes and to increase the size of prize certain lotteries may award.

     SB 166: FOR AN ACT ENTITLED, An Act to  provide for a Streamlined Sales Tax Project Task Force, to make an appropriation therefor, and to declare an emergency.

     SB 173: FOR AN ACT ENTITLED, An Act to  authorize a rental car company to offer car rental insurance under certain circumstances.

     SB 175: FOR AN ACT ENTITLED, An Act to  exempt from sales and use tax certain contract services provided to agricultural producers by an agent of a parent company through a local contracting entity.

     SB 179: FOR AN ACT ENTITLED, An Act to  revise the appeal procedure concerning the factor used for valuing agricultural and nonagricultural property.

     SB 185: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the assets allowed in the determination of the financial condition of an insurer.

     SB 218: FOR AN ACT ENTITLED, An Act to  to provide for reporting the occurrence of fetal alcohol syndrome.

     SB 221: FOR AN ACT ENTITLED, An Act to  make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     SB 222: FOR AN ACT ENTITLED, An Act to  make an appropriation to replenish the special emergency and disaster special revenue fund and to declare an emergency.

     SB 228: FOR AN ACT ENTITLED, An Act to  provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

     SB 231: FOR AN ACT ENTITLED, An Act to  provide for the prompt payment of certain uncontested health care claims.

     And signed the same in the presence of the House.