The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Sarah Liebe.

     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 thirty-seventh day.

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

     And we hereby move the adoption of the report.

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 71, 80, 125, and 154 and finds the same correctly enrolled.

    I have the honor to inform your honorable body that the House has reappointed Reps. Teupel, Rounds, and Bradford as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1211.

    SENATE PAGE RESOLUTION 4 Introduced by: Senators Abdallah, Albers, Apa, Bogue, Brown, de Hueck, Dempster, Dennert, Diedrich, Duenwald, Duniphan, Duxbury, Earley, Greenfield, Ham, Jaspers, Kelly, Kleven, Kloucek, Knudson, Koetzle, Kooistra, Koskan, LaPointe, McCracken, Moore, Nachtigal, Napoli, Olson (Ed), Reedy, Schoenbeck, Sutton (Dan), Sutton (Duane), Symens, and Vitter

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-eighth Legislature of the State of South Dakota to Felicia Alspach, Colin Brown, Chanda Koistinen, Sarah Liebe, Jacob Mortenson, Jessica Olson, Andrea Opitz, Jessica Page, Jane Tschetter, and Stefania Zanet.

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

    WHEREAS, the members of the Seventy-eighth 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-eighth 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.

     Excused:
Brown; Symens

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

    "Section 5. 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 May 1, 2003."

     Nays:
de Hueck; Kleven; Kooistra; Schoenbeck; Sutton (Dan)

     Excused:
Apa; Knudson

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

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

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

     Which motion prevailed.

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1020 was concurred in.

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

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

     The question being on Sen. Bogue's substitute motion that the Senate do concur in House amendments to SB 220.

     And the roll being called:

     Yeas 10, Nays 25, Excused 0, Absent 0

     Yeas:
Bogue; Brown; de Hueck; Duxbury; Koskan; McCracken; Nachtigal; Reedy; Sutton (Dan); Vitter

     Nays:
Abdallah; Albers; Apa; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; LaPointe; Moore; Napoli; Olson (Ed); Schoenbeck; Sutton (Duane); Symens

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

     Sen. Ed Olson's motion to not concur in House amendments to SB 220 prevailed and the President appointed as such committee Sens. Ed Olson, Ham, and Reedy.

    "Section 1. Terms used in this Act mean:

     Section 3. The revenue from the tax imposed by this Act shall be deposited in the tourism lodging promotion fund created. There is hereby established in the state treasury a tourism

lodging promotion fund.

     Section 4. The revenue deposited in the tourism lodging promotion fund shall be distributed by the Department of Revenue as follows:

     Section 6. The tax imposed by this Act shall be collected and administered by the Department of Revenue.

     Section 7. Any person who is subject to the tax imposed by this Act shall make a return and remittance to the Department of Revenue on forms prescribed and furnished by the department in the following manner:

remits the tax by electronic transfer to the state, shall file the return by electronic means on or before the twenty-third day of the month following each monthly period and remit the tax on or before the second to the last day of the month following each monthly period.

     Section 8. The secretary of revenue may require or allow some returns and remittances to be filed on a monthly, bimonthly, semiannual, or annual basis and the return and remittance is due the last day of the month following the reporting period. For persons issued a temporary or seasonal sales tax permit pursuant to chapter 10-45, the returns and remittances may be required at a time determined by the secretary. Section 10-59-6 applies to returns and payments under this section.

     Section 9. The definitions, administrative, collection, and enforcement provisions of chapters 10-45 and 10-46 apply to the tax imposed by this Act where applicable.

     Section 10. The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning:

     10-52A-2.   Any municipality may impose an additional municipal non-ad valorem tax at the rate of one percent upon the gross receipts of all leases or rentals of hotel, motel, campsites, or other lodging accommodations within the municipality for periods of less than twenty-eight consecutive days, or sales of alcoholic beverages as defined in §   35-1-1, or establishments where the public is invited to eat, dine, or purchase and carry out prepared food for immediate consumption, or ticket sales or admissions to places of amusement, athletic, and cultural events, or any combination thereof. The tax shall be levied for the purpose of land acquisition, architectural fees, construction costs, payments for civic center, auditorium, or athletic facility buildings, including the maintenance, staffing, and operations of such facilities and the promotion and advertising of the city, its facilities, attractions, and activities.

     Section 13. That § 10-59-1 be amended to read as follows:

     10-59-1.   The provisions of this chapter apply to any taxes or fees or persons subject to taxes or fees imposed by this Act and chapters 10-39, 10-39A, 10-39B, 10-43, 10-45, 10-45D, 10-46, 10-46A, 10-46B, 10-46C, 10-47B, 10-52, 10-52A, 32-3, 32-3A, 32-5, 32-5B, 32-6B, 32-9, 32-10, and 34A-13 and § §   22-25-48, 49-31-51, 50-4-13 to 50-4-17, inclusive, and the provisions of chapter 10-45B. "

    Sen. Olson's motion to further amend HB 1157 prevailed.

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent 0

     Yeas:
Apa; Bogue; Brown; de Hueck; Dempster; Diedrich (Larry); Duenwald; Duniphan; Ham; Kleven; Kooistra; Koskan; LaPointe; McCracken; Napoli; Olson (Ed); Schoenbeck; Sutton (Duane); Vitter

     Nays:
Abdallah; Albers; Dennert; Duxbury; Earley; Greenfield; Jaspers; Kelly; Kloucek; Knudson; Koetzle; Moore; Nachtigal; Reedy; Sutton (Dan); Symens

     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:
Albers; de Hueck; Ham; Kloucek; Moore; Reedy; Vitter

     Excused:
Dennert

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

MR. PRESIDENT:

    I have the honor to return herewith SCR 9 in which the House has concurred.

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1110 and 1232.

     Nays:
de Hueck; Diedrich (Larry); Greenfield; Kloucek; Napoli; Schoenbeck; Symens

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

     Nays:
Kloucek

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

     Which motion prevailed.

     Nays:
Kloucek; Nachtigal

     Excused:
Duxbury

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried.

     SB 170: FOR AN ACT ENTITLED, An Act to  increase the per student allocation in the state aid to education formula.

     SB 188: FOR AN ACT ENTITLED, An Act to  provide a credit against certain taxes paid by railroads for the replacement and repair of rail lines and to revise certain provisions regarding the distribution of the assessed value of a railroad.

     SB 213: FOR AN ACT ENTITLED, An Act to  prohibit hunting on certain school and public lands containing unharvested crops.

     HB 1045: FOR AN ACT ENTITLED, An Act to  require resident surplus line brokers to have a bond.

     HB 1064: FOR AN ACT ENTITLED, An Act to  revise the property taxes of the general fund of a school district.

     HB 1069: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the petroleum release compensation fund and the state highway fund and to declare an emergency.

     HB 1090: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to motor vehicle fleet leasing contracts.

     HB 1095: FOR AN ACT ENTITLED, An Act to  make an appropriation from the general fund for costs associated with the medicaid program and to declare an emergency.

     HB 1110: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the expenditure of proceeds from the county wheel tax.

     HB 1163: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to hunting in public rights-of-way.

     HB 1208: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the general occupation tax.

     HB 1232: FOR AN ACT ENTITLED, An Act to  require that the annual payment of wind easements be made to the landowner..

     HB 1258: FOR AN ACT ENTITLED, An Act to  allow corporations and other entities to appear before the Public Utilities Commission without legal counsel in certain cases.

     HB 1280: FOR AN ACT ENTITLED, An Act to  make an appropriation for the planning, design, construction, renovation, and improvement of certain corrections facilities and to declare an emergency.

     HB 1281: FOR AN ACT ENTITLED, An Act to  revise certain county zoning laws.