81st Legislative Session _ 2006

Committee: Senate Agriculture and Natural Resources
Tuesday, January 31, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
E    Dempster
P    Hansen (Tom)
P    Kloucek
P    Koskan
P    Lintz
P    McNenny
P    Peterson (Jim)
P    Kooistra, Vice-Chair
P    Duenwald, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Duenwald

MOTION:     TO APPROVE THE MINUTES OF JANUARY 26, 2206

Moved by:    McNenny
Second by:    Kooistra
Action:    Prevailed by voice vote.

         SB 186: classify the production of certain upland game birds as an agricultural pursuit.

Presented by:    Senator Julie Bartling
Proponents:    Ron Larsen, Independent Poultry (handout 1)
        John Sargent, self
        Carey Story, Gamebird Association

MOTION:     AMEND SB 186

186ra
     On page 1, line 6 of the printed bill, after " birds " insert "that are being".

     On page 1 , line 9, delete " marketing " and insert "selling".

     On page 1 , delete lines 11 to 15 , inclusive, and insert:

"

     Section 2. The provisions of this Act do not abrogate any existing statute or rule pertaining to the authority of the Department of Game, Fish and Parks or the Game, Fish and Parks Commission.

     Section 3. That § 10-45-19 be amended to read as follows:

     10-45-19.   Motor fuel, including kerosene, tractor fuel, liquefied petroleum gas, natural and artificial gas, diesel fuels, and distillate, when if used for agricultural or railroad purposes, is exempt from excise taxes imposed under this chapter.

     For the purposes of this section, agricultural purposes includes hay grinding , but does not include the lighting or heating of any farm residence , or the breeding, raising, producing, or selling of upland game birds or lawfully derived products by the producer .

     For the purposes of this section, railroad purposes includes only locomotives or track motor cars being operated on railroad tracks in road service in this state. ".

     On page 2 , delete line 1 .

Moved by:    Kloucek
Second by:    Lintz
Action:    Prevailed by voice vote.

The Chair deferred SB 186 until February 2, 2006.

         HB 1005: revise certain provisions related to cancelled livestock brands.

Presented by:    Thomas Conger, Chairman, State Brand Board
Proponents:    Ken Knuppe, SD Stockgrowers Assn.

MOTION:     DO PASS HB 1005

Moved by:    Kooistra
Second by:    Hansen (Tom)

Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Hansen (Tom), Kloucek, Koskan, Lintz, McNenny, Peterson (Jim), Kooistra, Duenwald

Excused:    Dempster

MOTION:     PLACE HB 1005 ON CONSENT CALENDAR

Moved by:    Lintz
Second by:    Koskan
Action:    Prevailed by voice vote.

         HB 1006: revise certain provisions related to out-of-state cattle brands and to establish a penalty.

Presented by:    Thomas Conger, Chairman, State Brand Board

MOTION:     AMEND HB 1006

1006td
     On page 1, line 8 of the House engrossed bill, delete " No permit may be issued if " and insert "If".

     On page 1 , line 9, after " chapter " insert ", a permit may only be issued at the discretion of the board".

Moved by:    Kooistra
Second by:    Lintz
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1006 AS AMENDED

Moved by:    Lintz
Second by:    McNenny
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1006

1006te
     On page 2 of the House engrossed bill, delete lines 6 to 9 , inclusive.

Moved by:    Koskan
Second by:    McNenny
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1006 AS AMENDED

Moved by:    Lintz
Second by:    Kooistra
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Hansen (Tom), Kloucek, Koskan, Lintz, McNenny, Peterson (Jim), Kooistra, Duenwald

Excused:    Dempster

MOTION:     PLACE HB 1006 ON CONSENT CALENDAR

Moved by:    Koskan
Second by:    Kooistra
Action:    Prevailed by voice vote.

         HB 1007: revise certain provisions related to the composition of livestock brands.

Presented by:    Thomas Conger, Chairman, State Brand Board
Proponents:    Ken Knuppe, SD Stockgrowers Assn.

MOTION:     AMEND HB 1007

1007tb
     On page 2, after line 6 of the printed bill, insert:

"      Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


Moved by:    McNenny
Second by:    Kooistra
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1007 AS AMENDED

Moved by:    McNenny
Second by:    Lintz
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Hansen (Tom), Kloucek, Koskan, Lintz, McNenny, Peterson (Jim), Kooistra, Duenwald

Excused:    Dempster

MOTION:     TO AMEND TITLE OF HB 1007

1007ttb
     On page 1, line 2 of the printed bill, after " brands " insert "and to declare an emergency".

Moved by:    McNenny
Second by:    Lintz
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Kooistra
Second by:    Lintz
Action:    Prevailed by voice vote.

Carolyn Riter

____________________________

Committee Secretary
Jay Duenwald, Chair

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