The prayer was offered by the Chaplain, The Reverend Genie H. Butler, followed by the Pledge of Allegiance led by Senate page Kyle Sydow.

     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 fifteenth 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 MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 145 and returns the same with recommendation that said bill be amended as follows:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

     "Section 1. That section 3 of chapter 205 of the 2000 Session Laws be amended to read as follows:

     Section 3. That § 41-6-18.4 be amended to read as follows:

     41-6-18.4.   The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue up to two thousand fall three-day temporary nonresident waterfowl licenses, up to two thousand early fall Canada goose temporary nonresident licenses, and a number of spring snow goose temporary nonresident licenses to be determined by the department, and to establish the fee therefor, validity of the licenses issued, types of waterfowl to be hunted, and areas in which hunting is permitted. The Up to five hundred of the fall three-day temporary nonresident waterfowl licenses shall be made available for use in the counties of Brown, Marshall, Roberts, Day, Grant, Clark, Codington, Deuel, and Hamlin. The commission, in rules promulgated pursuant to chapter 1-26, may establish a

process and criteria to allow the issuance of a portion of the five hundred licenses in counties other than those specified if the department determines that such licenses are otherwise likely to remain unsold. Except for the fall three-day temporary nonresident waterfowl licenses issued in Brown, Marshall, Roberts, Day, Grant, Clark, Codington, Deuel, and Hamlin counties, the fall three-day temporary nonresident waterfowl licenses are valid only on private property, but are not valid on private property leased by the department for public hunting or on highways or other public rights-of-way within this state that otherwise meet the requirements of §   41-9-1.3. Revenue from the sale of fall three-day temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access in the counties adjacent to the Missouri River. Revenue from the sale of early fall Canada goose temporary nonresident licenses shall be deposited in the department's land acquisition and development fund to be used to acquire by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access. Before promulgating rules which permit the issuance of fall three-day temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public access has been provided through the department's land acquisition and development fund or through other means.

     Section 2. The amendment under this Act to section 3 of chapter 205 of the 2000 Session Laws is repealed on June 30, 2003."

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 171 and tabled the same.

MADAM PRESIDENT:

    I have the honor to transmit herewith HCR 1009 which has been adopted by the House and your concurrence is respectfully requested.

     Was read the first time, the President waived the committee referral, and placed SCR 4 on the calendar for Wednesday, January 30, the 17^th legislative day.

     Nays:
Apa; de Hueck; Dennert; Diedrich (Larry); Duxbury; Greenfield; Hagen; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Munson; Reedy; Staggers; Sutton (Dan); Symens; Volesky

     Excused:
Putnam

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

     Excused:
de Hueck

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

    Sen. Brown (Arnold) moved the previous question.

    Which motion prevailed.

     The question being on Sen. Everist's motion that HCR 1001 be concurred in as amended.

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Ham; Kleven; Koskan; Madden; McCracken; Munson; Putnam; Staggers; Symens; Vitter; Volesky; Whiting

     Nays:
Dennert; Duxbury; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan)

     Excused:
de Hueck; Olson (Ed)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1001 was concurred in as amended.

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1008 was concurred in.

     Excused:
Koskan

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

     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.

     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.

     Was read the first time and referred to the Committee on Retirement Laws.

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

     "Section 2. The provisions of §  36-4-26.1 do not apply:

     Section 3. In ordering disclosure under section 2 of this Act, the court or hearing officer may only compel the disclosure of communications that are relevant to the issues in dispute in the underlying proceeding. A party unsuccessfully opposing disclosure may apply for an appropriate order protecting the communication from further disclosure. There is an immediate right of appeal of any order under this section.

     Section 4. Section 36-4-26.1 does not extend to any of the following: