88
th Legislative Session _ 2013
Committee: House Agriculture and Natural Resources
Tuesday, January 15, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Bartling
P Cammack
P Craig
P Feickert
P Kopp
P May
P Olson (Betty)
P Otten (Herman)
P Qualm
P Schoenfish
P Schrempp
P Schaefer, Vice-Chair
P Hoffman, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Hoffman.
MOTION: TO APPROVE THE MINUTES OF THURSDAY, JANUARY 10
Moved by: Bartling
Second by: Olson (Betty)
Action: Prevailed by voice vote.
HB 1001: require mineral developers to give notice to surface owners before entering
the land.
Presented by: Representative Betty Olson
Proponents: Steve Pirner, Department of Environment and Natural Resources
MOTION: AMEND HB 1001
1001ta
On page 1, line 9, of the printed bill, after "surface" insert "such as surveying and well staking".
On page 2, line 5, delete "45-9" and insert "45-5A".
On page 2, line 10, delete "45-9" and insert "45-5A".
On page 2, after line 13, insert:
" Section 4. That § 45-5A-5 be amended to read as follows:
45-5A-5. The mineral developer shall give the surface owner written notice of proposed surface
disturbing mineral development, other than exploration activities, at least thirty days before the date
operations are commenced. Surface disturbing activities include well site construction, road building,
grading, excavation, demolition, and related activities. This notice shall be given to the record
surface owner at the surface owner's address as shown by the records of the county register of deeds
at the time the notice is given. This notice shall sufficiently disclose the plan of work and operations
to enable the surface owner to evaluate the effect of drilling operations on the surface owner's use
of the property. Included with this notice shall be a form prepared by the Department of Environment
and Natural Resources advising the surface owner of his or her rights and options under this
chapter. ".
Moved by: Cammack
Second by: Otten (Herman)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1001 AS AMENDED
Moved by: Kopp
Second by: Schrempp
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Cammack, Craig, Feickert, Kopp, May, Olson (Betty), Otten (Herman),
Qualm, Schoenfish, Schrempp, Schaefer, Hoffman
MOTION: PLACE HB 1001 ON CONSENT CALENDAR
Moved by: Schaefer
Second by: Kopp
Action: Prevailed by voice vote.
HB 1006: revise certain provisions relating to the termination of certain mineral
interests.
Presented by: Representative Roger Solum
Proponents: David Niemi, Self, Harding County
MOTION: AMEND HB 1006
1006ra
On page 4, line 23, of the printed bill, delete "district" and insert "circuit".
On page 5, line 1, delete "district" and insert "circuit".
On page 5, line 3, delete "district" and insert "circuit".
On page 5, line 4, delete "district" and insert "circuit".
Moved by: Qualm
Second by: Cammack
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1006 AS AMENDED
Moved by: Olson (Betty)
Second by: Kopp
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Cammack, Craig, Feickert, Kopp, May, Olson (Betty), Otten (Herman),
Qualm, Schoenfish, Schrempp, Schaefer, Hoffman
HB 1058: repeal and revise certain statutes related to the Animal Industry Board.
Presented by: Dustin Oedenkoven, State Veterinarian
Proponents: Courtney De La Rosa, Department of Agriculture
Brenda Forman, SD Cattlemen's Association
Jeremiah M. Murphy, SD Stockgrowers
Bob Riter, SD Livestock Association
MOTION: DO PASS HB 1058
Moved by: Cammack
Second by: Qualm
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Cammack, Craig, Feickert, Kopp, May, Olson (Betty), Otten (Herman),
Qualm, Schoenfish, Schrempp, Schaefer, Hoffman
MOTION: PLACE HB 1058 ON CONSENT CALENDAR
Moved by: Olson (Betty)
Second by: Schrempp
Action: Prevailed by voice vote.
HB 1003: provide for mediation between mineral developers and surface owners in
certain disputes over surface depredation and to provide for mediation of mineral fee
disputes.
Proponents: Jim Brown, Self, Buffalo
David Niemi, Self, Harding County
THE CHAIR DEFERRED HB 1003 UNTIL ON THURSDAY, JANUARY 17
MOTION: ADJOURN
Moved by: Feickert
Second by: Olson (Betty)
Action: Prevailed by voice vote.
Joshua Klumb
____________________________
Committee Secretary
Charles B. Hoffman, Chair
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