The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Kayla Rae Nebelsick.

     Roll Call: All members present except Reps. Derby and Pummel who were excused.

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the tenth 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. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1139 and returns the same with the recommendation that said bill be amended as follows:

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1157 which was deferred to the 36^th Legislative Day.

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill be amended as follows:

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1129 and returns the same with the recommendation that said bill be amended as follows:

"

    I have the honor to return herewith HCR 1004 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

       FOR AN ACT ENTITLED, An Act to   provide for certain prescriptive authority for optometrists.

     Was read the first time and referred to the Committee on Health and Human Services.

       FOR AN ACT ENTITLED, An Act to   revise the emergency powers of the Department of Health.

     Was read the first time and referred to the Committee on State Affairs.

     Excused:
Derby; McCaulley; Peterson (Bill); Pummel

     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.

     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 45. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     Section 46. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

"      Section 45. If any South Dakota retailer becomes responsible for the collection of the sales or use tax in any other state as a result of the streamlined sales tax project or an act of Congress and the retailer has not established nexus in such state, the retailer shall be held harmless from the cost of the administration of such sales or use tax. The State of South Dakota shall compensate the retailer for such costs.".

"      Section 45. Sections 13 to 44, inclusive, of this Act are effective only if Congress passes legislation authorizing states to collect sales and use taxes from retailers pursuant to the streamlined sales tax project and there is a provision in such legislation that does not require any retailer with total annual receipts of less than five million dollars to collect sales and use taxes for states and its local subdivisions where the retailer has not established nexus.".

     Excused:
Derby; Kloucek; Pummel

     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.

     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.

     Absent:
Valandra

     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 3. No person may publish or cause to be published, within this state, any advertisement or notice of a child offered or wanted for adoption. A violation of this section is a Class 2 misdemeanor. This section does not apply to any advertisement placed by the Department of Social Services, a licensed child placement agency as defined in §  26-6-14, or an attorney licensed in the State of South Dakota.".

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1163 and returns the same with the recommendation that said bill be amended as follows:

"      Section 3. That § 32-23-1.3 be amended to read as follows:

     32-23-1.3.   Any person arrested for driving or being in actual physical control of a vehicle while the weight of alcohol in the blood of the arrested person is 0.10 0.08 percent or greater, shall be charged with a violation of §   32-23-1. The charge may be reduced or dismissed only if the prosecuting attorney states the reasons for reduction or dismissal in writing and on the record and files the reasons with the clerk of courts.

     Section 4. That § 32-12A-44 be amended to read as follows:

     32-12A-44.   No person may drive or be in actual physical control of a commercial motor vehicle while there is between 0.04 and 0.10 0.08 percent or more, by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other body substance. Any violation of this section is a Class 2 misdemeanor. ".

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1061 and tabled the same.

    The Committee on Transportation respectfully reports that it has had under consideration HB 1060 which was deferred to the 36^th Legislative Day.

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1012 and finds the same correctly enrolled.