The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by Senate page Sandra Livermont.

     Roll Call: All members present except Sen. Hagen 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 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.

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 3, 19, 20, 28, 38, 40, 43, 46, 55, 62, 63, 66, 74, 77, 81, 94, 124, 135, 145, 152, 154, 162, 201, 203, 219, 244, and 250, and the same have been deposited in the office of the Secretary of State.

Madam President and Members of the Senate:

     I have the honor to inform you that I have approved SB 8, 42, 83, 100, 161, 168, and 217, and the same have been deposited in the office of the Secretary of State.

    I have the honor to transmit herewith HCR 1024 and 1025 which have been adopted by the House and your concurrence is respectfully requested.

     The question being on Sen. Diedtrich's motion that the Senate do concur in House amendments to SB 87.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Staggers

     Excused:
Hagen

     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.

     The question being on Sen. Symens' motion that the Senate do concur in House amendments to SB 175.

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent 0

     Yeas:
Apa; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Greenfield; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Albers; Bogue; Brosz; Everist; Hainje

     Excused:
de Hueck; Hagen

     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.

    "Section 3. That § 62-7-39 be amended to read as follows:

     62-7-39.   An employee, employer, employer's insurer, or self-insured employer shall be permitted to may use the results of post-offer base line testing or a functional capacity assessment, as utilized by Guidelines Guides to the Evaluation of Permanent Impairment established by the American Medical Association, fourth fifth edition, June 1993 November 2000 , performed during the course of employment, or other medical evidence of impairment for the purpose of determining permanent partial or permanent total disability compensation due to an employee. "

     Having had its second reading was up for consideration and final passage.

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen

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

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Koetzle

     Excused:
Hagen

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

     Nays:
Apa; de Hueck; Drake; Greenfield; Koskan; Vitter; Volesky

     Excused:
Hagen

     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 29, Nays 5, Excused 1, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Greenfield; Koskan; Madden; Staggers

     Excused:
Hagen

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

    "Section 1. That § 41-10-9 be amended to read as follows:

     41-10-9.   Game which may be hunted under this chapter shall be mallard ducks, are pheasants, quail, partridges, and turkey , and such other species of game as the game, fish and parks commission may add. The commission may exclude mallard ducks from the list of permitted species for any period of time and without advance notice provided such action is deemed necessary to protect such species .

     Section 2. That § 41-9-1.1 be amended to read as follows:

     41-9-1.1.   Except for controlled access facilities as defined in §  31-8-1, interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, §  41-9-1 does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this state that meet the requirements of §  41-9-1.3. No person, except the

adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purposes of hunting defined in this title within six hundred sixty feet of an occupied dwelling, a church, schoolhouse, or livestock. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied dwelling, church, or schoolhouse for which such distance has been clearly and accurately marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction.

     Section 3. That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

    Which request was supported.

     And the roll being called:

     Yeas 13, Nays 19, Excused 3, Absent 0

     Yeas:
Apa; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Drake; Everist; Ham; Madden; McCracken; Putnam; Whiting

     Nays:
Albers; Bogue; Dennert; Diedrich (Larry); Duxbury; Greenfield; Hutmacher; Kleven; Koskan; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

     Excused:
Hagen; Hainje; Koetzle

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

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

     Yeas:
Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Albers; Apa; Greenfield

     Excused:
Hagen

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

    "Section 5. That § 42-7-98.1 be amended to read as follows:

     42-7-98.1.   The state treasurer shall transfer the first seventy-five thousand dollars received in a special racing fund to the special racing revolving fund and any the next two hundred fifty thousand dollars received in the special racing fund to the state fair fund. Any amounts received

during any year in excess of seventy-five three hundred twenty-five thousand dollars shall be transferred as follows:

    Which request was supported.

     The question being on Sen. Volesky's motion that HB 1285 be further amended.

     And the roll being called:

     Yeas 13, Nays 21, Excused 1, Absent 0

     Yeas:
Apa; Brosz; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Vitter; Volesky

     Nays:
Albers; Bogue; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Staggers; Whiting

     Excused:
Hagen

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

    "Section 1. The South Dakota Gaming Commission shall disperse three hundred thousand dollars ($300,000) to each of the nonprofit corporations operating horse tracks located on county property in or near Fort Pierre and Aberdeen. This distribution shall occur no later than fifteen

days after the effective date of this Act. Any distributions made since January 1, 2001, shall be considered part of the three hundred thousand dollars ($300,000) required to be distributed to each track. The Gaming Commission shall also distribute an additional three hundred thousand dollars ($300,000) to each of the nonprofit corporations operating the horse tracks in or near Fort Pierre and Aberdeen by February 1, 2002. If money is not available for the distribution on February 1, 2002, the money shall be distributed as soon as money is available in the funds.

     Section 2. After the distributions in section 1 of this Act by the Gaming Commission for 2001, the state treasurer shall transfer to the general fund one million one hundred twenty-five thousand dollars ($1,125,000) from the South Dakota-bred racing fund and one million one hundred twenty-five thousand dollars ($1,125,000) from the special racing revolving fund. The transfer in this section shall be made on July 15, 2001, or as soon as the money is available. If one of these funds does not have sufficient money, the money shall be transferred from the other fund."

    Sen. Apa requested a roll call vote.

    Which request was supported.

    The question being on Sen. Apa's motion that HB 1285 be further amended.

     And the roll being called:

     Yeas 16, Nays 18, Excused 1, Absent 0

     Yeas:
Apa; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Reedy; Staggers; Sutton (Dan); Symens; Volesky

     Nays:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Drake; Everist; Greenfield; Hainje; Ham; Koskan; McCracken; Munson; Olson (Ed); Putnam; Vitter; Whiting

     Excused:
Hagen

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

    "Section 5. There is hereby appropriated the sum of one hundred fifty thousand dollars ($150,000) from the South Dakota-bred racing fund and one hundred fifty thousand dollars ($150,000) from the special racing revolving fund to the Department of Agriculture for grants to upgrade fire fighting equipment in the Black Hills National Forest.

     Section 6. The secretary of the Department of Agriculture shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in section 5 of this Act.

     Section 7. There is hereby appropriated the sum of five hundred thousand dollars ($500,000) from the South Dakota-bred racing fund and five hundred thousand dollars ($500,000) from the special racing revolving fund to the Department of Health for grants to upgrade rural emergency medical and ambulance equipment.

     Section 8. The secretary of the Department of Health shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 7 of this Act.

     Section 9. There is hereby appropriated the sum of three hundred fifty thousand dollars ($350,000) from the South Dakota-bred racing fund and three hundred fifty thousand dollars ($350,000) from the special racing revolving fund to the Department of Agriculture for the state fair.

     Section 10. The secretary of the Department of Agriculture shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in section 9 of this Act.

     Section 11. There is hereby appropriated the sum of one hundred twenty-five thousand dollars ($125,000) from the South Dakota-bred racing fund and one hundred twenty-five thousand dollars ($125,000) from the special racing revolving fund to the Department of Social Services for grants to qualifying contractors pursuant to § §  25-10-26 to 25-10-33, inclusive.

     Section 12. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in section 11 of this Act.

     Section 13. That § 42-7-98.1 be amended to read as follows:

     42-7-98.1.   The state treasurer shall transfer the first seventy-five thousand dollars received in a special racing fund to the special racing revolving fund and any the next two hundred fifty thousand dollars received in the special racing fund to the state fair fund. Any amounts received during any year in excess of seventy-five three hundred twenty-five thousand dollars shall be transferred as follows:

     Section 14. The South Dakota Gaming Commission shall disperse three hundred thousand dollars ($300,000) to each of the nonprofit corporations operating horse tracks located on county property in or near Fort Pierre and Aberdeen. This distribution shall occur no later than fifteen days after the effective date of this Act. Any distributions made since January 1, 2001, shall be considered part of the three hundred thousand dollars ($300,000) required to be distributed to each track. The Gaming Commission shall also distribute an additional three hundred thousand dollars ($300,000) to each of the nonprofit corporations operating the horse tracks in or near Fort Pierre and Aberdeen by February 1, 2002. If money is not available for the distribution on February 1, 2002, the money shall be distributed as soon as money is available in the funds."

    Sen. Koetzle requested a roll call vote.

    Which request was supported.

     The question being on Sen. Symens' motion that HB 1285 be further amended.

     And the roll being called:

     Yeas 15, Nays 19, Excused 1, Absent 0

     Yeas:
Apa; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Hutmacher; Kleven; Koetzle; Madden; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky

     Nays:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Drake; Everist; Greenfield; Hainje; Ham; Koskan; McCracken; Munson; Olson (Ed); Putnam; Staggers; Vitter; Whiting

     Excused:
Hagen

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

     Nays:
Apa; Bogue; de Hueck; Dennert; Hutmacher; Kleven; Koetzle; Madden; Moore; Sutton (Dan); Symens

     Excused:
Hagen

     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.

     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.

     HB 1031: FOR AN ACT ENTITLED, An Act to  require workers' compensation third party administrators to become licensed and registered and to provide for standards for the continued registration of third party administrators.

     HB 1032: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to child support.

     HB 1118: FOR AN ACT ENTITLED, An Act to  extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

     HB 1187: FOR AN ACT ENTITLED, An Act to  revise the time period for adjusting property tax levies for the purpose of maintaining the state's percentage of aid to general and special education.

     HB 1230: FOR AN ACT ENTITLED, An Act to  make an appropriation for the acceleration of the reading enhancement program and to declare an emergency.

     HB 1278: FOR AN ACT ENTITLED, An Act to  revise the definition of barratry.

     And signed the same in the presence of the Senate.