The prayer was offered by the Chaplain, Reverend Darlene "Red Elk" Myers, followed by the Pledge of Allegiance led by Senate pages Alisha Hemmer and Megan Nachtigal.

     Roll Call: All members present.

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

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

     And we hereby move the adoption of the report.

     The question being "Does the Senate advise and consent to the appointment of Steven Pirner pursuant to the message as found on page 155 of the Senate Journal?"

    The Committee on Appropriations respectfully reports that it has had under consideration SB 81 and 85 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 29 and returns the same with the recommendation that said bill be amended as follows:

    "Section 2. No indebtedness, bond, or obligation incurred or created under the authority of the Act may be or may become a lien, charge, or liability against the State of South Dakota, nor against the property or funds of the State of South Dakota within the meaning of the Constitution or statutes of the state."

     On page 2 , after line 4, insert:

    "Section 5. In addition to the funds in section 2 of this Act, the Board of Regents shall identify funds in the amount of fifty-nine thousand dollars ($59,000) for the purpose of maintenance and repair of the facility authorized in section 1 of this Act. These funds shall be identified and accumulated at the rate of one percent of the estimated project cost per year for ten years. These funds may be identified from other funds under the control of the Board of Regents, from gifts and grants to South Dakota School of Mines and Technology, from restricted gifts and grants to foundations associated with the facility or South Dakota School of Mines and Technology. All other funds identified by the Board of Regents pursuant to this section, together with any gifts or grants received by South Dakota School of Mines and Technology for the purposes of this Act, shall be transferred into the South Dakota School of Mines and Technology Darold "Dud" King physical education center maintenance and repair fund, which is hereby created in the state treasury as a participating fund, and the Board of Regents may expend such funds, together with their earnings, as it deems necessary to provide for the maintenance or repair of the facility authorized by this Act. Nevertheless, if the expenditure of the funds held in the South Dakota School of Mines and Technology Darold "Dud" King physical education center maintenance and repair fund results in a reduction of the total identified funds for the purpose of maintenance and repair to less than the $59,000 required by this Act, the South Dakota School of Mines and Technology Darold "Dud" King physical education center maintenance and repair fund shall be replenished at the rate of one percent of the estimated project cost per year until such time as the total identified funds for the maintenance and repair reserves equals or exceeds $59,000."

    "Section 5. No general fund dollars may be used for maintenance and repair of the facility authorized by this Act, nor may the facility be added to any list of projects receiving funding support from the statewide maintenance and repair fund created in §  5-14-30."

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 80 and returns the same with the recommendation that said bill be amended as follows:

    "Section 3. That § 10-45-6.2 be amended to read as follows:

     10-45-6.2.   There is hereby imposed a tax of four percent upon the gross receipts of mobile telecommunications services, as defined in 4 U.S.C. §   124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state or are deemed to have originated or been received in this state and to be billed or charged to a service address in this state if the customer's place of primary use is located in this state regardless of where the service actually originates or terminates . Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. § §   116-126 as in effect on July 28, 2000.

     Section 4. 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 April 1, 2003."

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 76 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  92 which was deferred to the 41^st Legislative Day.

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 17 and finds the same correctly enrolled.

    I have the honor to return herewith SB 17 which has passed the House without change.

     Commerce on SB 72 as found on page 246 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

       FOR AN ACT ENTITLED, An Act to   repeal the exemption for fraternal benefit societies from the insurance premium tax.

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

     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:
Apa; Diedrich (Larry); Earley; Greenfield; Kelly; Kloucek; Koskan

     Excused:
Olson (Ed)

     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.

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; Dempster; Diedrich (Larry); Duenwald; Duniphan; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Kooistra; Koskan; LaPointe; McCracken; Napoli; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Dennert; Duxbury; Koetzle; Moore; Nachtigal; Reedy

     Excused:
de Hueck

     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.

    There being no objection, the Senate reverted to Order of Business No. 8.