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 22, 2008
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 Frank Kloucek (Handout #4)
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: Hanson (Gary)
Second by: McNenny
Action: Prevailed by voice vote.
GAVEL WAS TURNED OVER TO THE VICE-CHAIR, TOM HANSEN.
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
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
On page 1, line 8, after "the transmission" insert "of".
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 6, after "amount" insert "and type".
On page 3, line 9, delete "commission" and insert "department".
Lois Henry
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.
Committee Secretary
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