The prayer was offered by the Chaplain, Genie Butler, followed by the Pledge of Allegiance led by Senate page Chris Jung.

     Roll Call: All members present except Sen. Madden 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-third day.

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

     And we hereby move the adoption of the report.

    SENATE PAGE RESOLUTION 3: Introduced by: Senators Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy- seventh Legislature of the State of South Dakota to Cy Fixen, Kathleen Grode, Erich Heber, Rachel Hilt, Chris Jung, Deneige Miles, Carl Rasmussen, Lisha Sandve, Catherine Schlimgen, Jael Trieb, Laura Van't Land, and Kelly Wetzbarger.

    WHEREAS, the above named served loyally as pages for the Senate of the Seventy-seventh Legislative Session; and

    WHEREAS, the members of the Seventy-seventh Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-seventh Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    The pages were serenaded by the Harmony of the House Quartet, Reps. Richard Brown, Don Hennies, Tom Hansen, and Claire Konold.

    The Committee on Taxation respectfully reports that it has had under consideration HB  1135 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1188 and returns the same with the recommendation that said bill be amended as follows:

     "Section 45. The Legislature hereby finds that the amendments to chapter 10-52 contained in this Act shall result in a broader and more uniform tax base for the sales tax levied by municipalities under this chapter, and that, absent a reduction in the current tax levy of a municipality, it is anticipated that total sales tax revenues of a municipality may increase as a result of these amendments. However, so long as a municipality has any bonds or other obligations outstanding which are secured directly or indirectly by the pledge or collection and application of sales taxes levied pursuant to chapter 10-52 as in effect immediately prior to January 1, 2006, no municipality may reduce its tax levy under chapter 10-52 to a rate which, in the exercise of the sound discretion of the governing body, would be expected to produce less total revenue than was collected in the immediately preceding year.

     Section 46. Sections 18, 19, 20, 21, 30, 32, 33, 34, 35, 36, 41, 42, and 44 are effective on January 1, 2006.

     Section 47. It is the intent of the Legislature that the provisions of this Act be revenue neutral to all levels of government. Any municipality that has reviewed its sales tax ordinance as required by section 37 of this Act shall determine and enact a rate of taxation that, in the exercise of the sound discretion of the governing body, would be expected to produce no more total revenue than was collected in the immediately preceding year. However, nothing herein shall prohibit any increase in revenues that are projected to occur because of economic growth.

     Section 48. Section 47 of this Act is repealed on January 1, 2007.

     Section 49. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1003 and returns the same with the recommendation that said bill be amended as follows:

    "Section 17. The Legislature hereby finds that the amendments to chapter 10-52 contained in this Act shall result in a broader and more uniform tax base for the tax levied by municipalities under this chapter, and that, absent a reduction in the current tax levy of a municipality, it is anticipated that total tax revenues of a municipality may increase as a result of these amendments. However, so long as a municipality has any bonds or other obligations outstanding which are secured directly or indirectly by the pledge or collection and application of taxes levied pursuant to § 10-52-8 as in effect immediately prior to the effective date of this Act, no municipality may reduce its tax levy under this Act to a rate which, in the exercise of the sound discretion of the governing body, would be expected to produce less total revenue than was collected in the immediately preceding year pursuant to the tax imposed under §  10- 52-8."

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill be amended as follows:

Also MADAM PRESIDENT:

    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:

"The attorney general shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter."

     "Section 3. That chapter 22-14 be amended by adding thereto a NEW SECTION to read as follows:

     Was read the second time.

     Was read the second time.

     Was read the second time.

     Was read the second time.

     Was read the second time.

     Was read the first time and referred to the Committee on Education.

     Was read the first time and referred to the Committee on Appropriations.

     Was read the first time and referred to the Committee on Taxation.

     Which motion prevailed and the bill was so deferred.

     Nays:
Hagen; Hutmacher; Koetzle; McIntyre; Moore; Olson (Ed); Reedy; Sutton (Dan)

     Excused:
Madden

     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:
Albers; Bogue; Brown (Arnold); Diedrich (Larry); Drake; Duxbury; Hagen; Koskan; Reedy; Sutton (Dan); Symens

     Excused:
Madden

     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.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1164 and 1182 which were deferred to the 36^th Legislative Day.

     SB 45: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the practice of medicine or osteopathy in South Dakota while holding a license in another state and while located outside of the state.

     SB 53: FOR AN ACT ENTITLED, An Act to  revise certain terms used in the Uniform Probate Code.

     HB 1032: FOR AN ACT ENTITLED, An Act to  revise certain retirement system provisions to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001, to authorize members to acquire credited service by transferring certain retirement funds, to protect the confidentiality of member information, and to declare an emergency.

     HB 1033: FOR AN ACT ENTITLED, An Act to  provide benefit improvements for certain members of the South Dakota Retirement System, to revise the provisions for the purchase of uncredited service by members of the system, and to provide for increased contributions for certain members.

     HB 1131: FOR AN ACT ENTITLED, An Act to  provide for civil recovery of unpaid property and services.

     And signed the same in the presence of the Senate.