2008 Legislative Session _ 2008

Committee: Senate Agriculture and Natural Resources
Thursday, January 24, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Garnos
P    Hanson (Gary)
P    Kloucek
P    Lintz
P    McNenny
P    Peterson (Jim)
P    Sutton
P    Hansen (Tom), Vice-Chair
P    Duenwald, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Duenwald.

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, JANUARY 22, 2008

Moved by:    Hanson (Gary)
Second by:    McNenny
Action:    Prevailed by voice vote.

GAVEL WAS TURNED OVER TO THE VICE-CHAIR, TOM HANSEN.

         SB 134: increase the pesticide registration fee for use in programs related to pesticide recycling and disposal, to revise certain related provisions, and to declare an emergency.

Presented by:    Senator Jay Duenwald
Proponents:    Kathleen Zander, SD Agri-Business Assn. (Handout #1)


        Kevin Fridley, Department of Agriculture
        Angela Ehlers, SD Assoc. Of Conservation Districts

MOTION:     DO PASS SB 134

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

GAVEL TURNED BACK TO CHAIR DUENWALD.

        
SB 152: increase the biennial pesticide registration fee and to revise its allocation for the weed and pest fund.

Presented by:    Senator Tom Hansen
Proponents:    Mitch Richter, SD Weed and Pest Supervisors Assn (Handout #2)
        Dave Heck, SD Weed and Pest Supervisors
        Gary Pribyl, Association of South Dakota Weed and Pest Boards
        Margaret Nachtagall, SD Stockgrowers Assn.
Opponents:    Kathleen Zander, SD Agri-Business Assn. (Handout #3)

MOTION:     DO PASS SB 152

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

Voting Yes:    Garnos, Hanson (Gary), Lintz, McNenny, Peterson (Jim), Sutton, Hansen (Tom), Duenwald

Voting No:    Kloucek

        
SB 96: provide for the issuance of landowner-sponsored big game hunting licenses.

SEE PREVIOUS TESTIMONY OF TUESDAY, JANUARY 22, 2008.

Presented by:    Senator Julie Bartling
Proponents:    Bob Fortune, self, Belvidere
        Rick Fox, self, Hermosa

MOTION:     DO PASS SB 96

Moved by:    Hanson (Gary)
Second by:    Lintz
Action:    Prevailed by roll call vote. (5-4-0-0)

Voting Yes:    Hanson (Gary), Lintz, McNenny, Peterson (Jim), Duenwald

Voting No:    Garnos, Kloucek, Sutton, Hansen (Tom)

        
SB 138: require financial assurances for certain petroleum pipeline operations for the remediation of potential environmental damage and to declare an emergency.

SEE PREVIOUS TESTIMONY OF TUESDAY, JANUARY 22, 2008

Presented by:    Senator Frank Kloucek (Handout #4)
Proponents:    Dennis Davis, SD Assn of Rural Water Systems
        Silvia Christen, Dakota Rural Action         
        Lillian Anderson, self, Langford
        Kent Moeckly, self, Britton (Handout #5)
        Curt Hohn, Web Rural Water (Handout #6
        Jim Hendrickson, self, Roslyn
        
Opponents:    Dennis Duncan, Trans Canada
        Dawna Leitzke, SD Petroleum & Propane Marketers Association

MOTION:     AMEND SB 138

138ta

On page 1, line 6, of the printed bill, after "49-41B" insert ", including any application that on the effective date of this Act is pending or for which no commission decision has been rendered,".

On page 1, line 8, after "the transmission" insert "of".


On page 1, line 9, delete "or liquid hydrocarbon products" and insert "in the form of tar sand hydrocarbon crude oil".

On page 1, line 15, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 2, line 2, after "deposit." insert "As a condition of the continued effectiveness of the permit and operation of the facility, the permitee shall replace or restore the original security amount or such other amount as the department may determine to be necessary following a draw-down of funds for the implementation of any such corrective actions.".

On page 2, line 5, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 2, line 6, delete "seven years after".

On page 2, line 7, delete "no" and insert "any".

On page 2, line 8, delete "remains" and insert "has been satisfactorily remediated and received a closure certification from the Department of Environment and Natural Resources as provided in section 3 of this Act. The inspection shall be conducted by the Department of Environment and Natural Resources or by an entity contracted by the department for that purpose".

On page 2, line 10, delete "Public Utilities" and insert "Department of Environment and Natural Resources".

On page 2, line 11, delete "Commission".

On page 2, line 18, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 2, line 20, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 3, line 3, after "remediation." insert "Nothing in this Act limits any pipeline owner's or operator's responsibility for taking prompt and effective remedial action pursuant to chapter 34A-12 or its liability for environmental or other damage caused by construction or operation of the pipeline to the amount of the security or otherwise.".


On page 3, line 4, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 3, line 6, after "amount" insert "and type".

On page 3, line 9, delete "commission" and insert "department".

Moved by:    Hanson (Gary)
Second by:    Peterson (Jim)
Action:    Prevailed by voice vote.

MOTION:     DEFER SB 138 UNTIL ANOTHER DAY

Moved by:    Kloucek
Action:    Died for lack of a second.

MOTION:     DEFER SB 138 TO THE 36TH LEGISLATIVE DAY

Moved by:    Garnos
Second by:    Lintz
Action:    Prevailed by roll call vote. (5-4-0-0)

Voting Yes:    Garnos, Lintz, McNenny, Hansen (Tom), Duenwald

Voting No:    Hanson (Gary), Kloucek, Peterson (Jim), Sutton

MOTION:     ADJOURN

Moved by:    Hanson (Gary)
Second by:    Lintz
Action:    Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary
Jay Duenwald, Chair


../01241000.SAG
Page 1