P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Duenwald.
MOTION:
TO APPROVE THE MINUTES OF TUESDAY, JANUARY 15, 2008
E - Excused
A - Absent
P Garnos
P Hanson (Gary)
P Kloucek
P Lintz
P McNenny
P Peterson (Jim)
P Sutton
P Hansen (Tom), Vice-Chair
P Duenwald, Chair
Moved by: Lintz
Second by: Hanson (Gary)
Action: Prevailed by voice vote.
SB 42: repeal certain provisions regarding the regulation of public warehouses by the
Public Utilities Commission.
Presented by: Jim Mehlhaff, Public Utilities Commission
Proponents: Carl Anderson, South Dakota Grain and Feed
Rolayne Wiest, Public Utilities Commission, answered some questions of the committee.
MOTION:
DO PASS SB 42
Moved by: Hanson (Gary)
Second by: Hansen (Tom)
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Garnos, Hanson (Gary), Lintz, McNenny, Peterson (Jim), Sutton, Hansen (Tom),
Duenwald
Excused: Kloucek
MOTION:
PLACE SB 42 ON CONSENT CALENDAR
Moved by: Peterson (Jim)
Second by: Hanson (Gary)
Action: Prevailed by voice vote.
SB 45: revise the requirements regarding the licensing and regulation of public grain
warehouses, to establish a grain warehouse fund, and to make a continuous
appropriation from that fund.
Presented by: Jim Mehlhaff, Public Utilities Commission
Proponents: Carl Anderson, South Dakota Grain and Feed
Brenda Forman, SD Assn. Of Co-Ops
MOTION:
AMEND SB 45
On page 5, line 24, delete "
grain bank or warehouse
".
On page 6, line 1, delete "
receipted
".
On page 8, line 12, after "
a
" insert "
qualified
".
On page 8, line 12, delete "
and approved by the commission.
" and insert "
. If the commission finds
the person performing the measurement is not qualified or independent, the commission may require
a different person to perform the measurement.
".
On page 8, line 19, after "year" insert "
, unless the commission requires an additional measurement
as part of an investigation of the warehouse
".
On page 10, delete lines 3 to 9, inclusive.
On page 12, line 3, delete "However, bond proceeds may only be applied to open storage grain".
On page 12, delete lines 4 to 9, inclusive.
On page 13, delete lines 12 to 17, inclusive.
On page 16, line 12, after "grain" insert "and".
On page 16, after line 15, insert:
"
Section 43. The balance of funds in the grain and warehouse fund as established by
§
49-42-8
shall be transferred to the grain and warehouse fund established by this Act.".
Moved by: Garnos
Second by: Hansen (Tom)
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 45 AS AMENDED
Moved by: Hansen (Tom)
Second by: Peterson (Jim)
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Garnos, Hanson (Gary), Kloucek, McNenny, Peterson (Jim), Sutton, Hansen (Tom),
Duenwald
Voting No: Lintz
SB 46: increase certain license fees for grain buyers and grain warehouses.
Presented by: Jim Mehlhaff, Public Utilities Commission
MOTION:
DO PASS SB 46
Moved by: Sutton
Second by: McNenny
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION REFER SB 46 TO GOVERNMENT OPERATIONS AND
AUDIT
Moved by: Hansen (Tom)
Second by: Lintz
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Garnos, Lintz, McNenny, Sutton, Hansen (Tom), Duenwald
Voting No: Hanson (Gary), Kloucek, Peterson (Jim)
SB 44: revise certain provisions regarding the licensing and regulation of grain
dealers and buyers.
Presented by: Jim Mehlhaff, Public Utilities Commission
Proponents: Carl Anderson, South Dakota Grain and Feed
Matt McCaulley, SD Corn Growers Assn.
Brenda Forman, SD Assn. Of Co-Ops
Lorin Pankratz, SD Pork Producers, made some comments.
MOTION:
AMEND SB 44
On page 2, line 10, delete "
two
" and insert "
three
".
On page 5, delete lines 16 to 19, inclusive, and insert:
"
On page 6, line 17, after "
date
" insert "
.
".
On page 10, line 7, after "buyer" insert "with a Class A license".
"
Section 24. That
§
49-43-34
be repealed.
49-43-34.
Authorized inspectors employed by the Public Utilities Commission may place a
person under arrest without warrant for a violation of any provision of this chapter which is
committed in the presence of such inspector. Commission inspectors having been given such limited
arrest powers are not "law enforcement officers" for the purposes of § 23-3-27.
".
Lois Henry
Moved by: McNenny
Second by: Sutton
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 44 AS AMENDED
Moved by: McNenny
Second by: Hanson (Gary)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Garnos, Hanson (Gary), Kloucek, Lintz, McNenny, Peterson (Jim), Sutton, Hansen
(Tom), Duenwald
MOTION:
ADJOURN
Moved by: Hansen (Tom)
Second by: Kloucek
Action: Prevailed by voice vote.
Committee Secretary
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