88
th Legislative Session _ 2013
Committee: Senate Agriculture and Natural Resources
Thursday, February 14, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Krebs, Chair
P Rampelberg, Vice-Chair
P Rhoden
P Otten (Ernie)
P Vehle
P Ewing
P Omdahl
P Lucas
P Frerichs
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Shantel Krebs, Chair.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 12, 2013
Moved by: Omdahl
Second by: Otten (Ernie)
Action: Prevailed by voice vote.
SB 178: enhance animal and livestock sustainability.
Presented by: Dustin Oedenkoven, State Veterinarian
MOTION: TO TABLE SB 178
Moved by: Rampelberg
Second by: Vehle
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Krebs, Rampelberg, Otten (Ernie), Vehle, Ewing, Omdahl, Lucas, Frerichs
Excused: Rhoden
THE GAVEL WAS PASSED TO SENATOR RAMPELBERG, VICE CHAIR
SB 192: establish tax incentives for economic development.
Presented by: Senator Shantel Krebs
Proponents: David Owen, SD Chamber of Commerce and Industry
Julie Johnson, Aberdeen Development Corporation
Julie Johnson, Absolutely Aberdeen
Steve Willard, SD Electric Utilities
MOTION: AMEND SB 192
192fa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 10-45B-2.3 be amended to read as follows:
10-45B-2.3. Notwithstanding any provision of this chapter, this section controls the amount of
refunds payable under this chapter for any new agricultural processing facility or new business
facility that has a construction date on or after January 1, 2010. For project cost incurred and paid
from July 1, 2010, to December 31, 2012, inclusive, the amount of the refund shall be determined
by applying the provisions of this chapter in effect on July 1, 2010. The amount of the tax refund
for a new agricultural processing facility or new business facility shall be a percentage of the taxes
paid, as follows:
(1) For project costs of less than ten million dollars, there shall be no refund;
(2) For project costs of ten or more million dollars but less than forty million dollars, there
shall be a refund of forty-five percent of the taxes paid;
(3) For project costs of forty or more million dollars but less than five hundred million
dollars, there shall be a refund of fifty-five percent of the taxes paid; and
(4) For projects costs of five hundred million or more dollars, there shall be no refund.
No tax refund may be given for any project cost incurred and paid on or after January 1, 2013,
except for performance retainage amounts, not to exceed ten percent, related to the project.
Section 2. That § 10-45B-17 be amended to read as follows:
10-45B-17. Notwithstanding any provision of this chapter, this section controls the amount of
refunds payable under this chapter for any new business facility that is a wind energy facility and
has a construction date on or after January 1, 2010. For project costs incurred and paid from July 1,
2010, to December 31, 2012, inclusive, the amount of the refund shall be determined by applying
the provisions of this chapter in effect on July 1, 2010. The amount of the tax refund for a wind
energy facility shall be a percentage of the taxes paid, as follows:
(1) For project costs of less than ten million dollars, there shall be no refund;
(2) For project costs of ten or more million dollars but less than forty million dollars, there
shall be a refund of forty-five percent of the taxes paid; and
(3) For project costs of forty or more million dollars, there shall be a refund of fifty-five
percent of the taxes paid.
No tax refund may be given for any project cost incurred and paid on or after January 1, 2013,
except for performance retainage amounts, not to exceed ten percent, related to the project. "
Moved by: Otten (Ernie)
Second by: Frerichs
Action: Prevailed by voice vote.
MOTION: AMEND TITLE OF SB 192
192fta
On page 1, line 1, of the printed bill, delete everything after "to" and insert "extend certain tax
refunds for the construction of agricultural processing, new business, and wind energy facilities.".
Moved by: Vehle
Second by: Frerichs
Action: Prevailed by voice vote.
MOTION: DEFER SB 192 TO THE 41
ST LEGISLATIVE DAY
Moved by: Ewing
Second by: Vehle
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Krebs, Rampelberg, Otten (Ernie), Vehle, Ewing, Omdahl, Lucas, Frerichs
Excused: Rhoden
THE GAVEL WAS PASSED TO SENATOR KREBS, CHAIR
Larry Stearns, Executive Director, SD Brand Board, introduced Lyla Hutchinson and Wanda
Blair as appointees to the South Dakota Brand Board.
Wanda Blair spoke on her own behalf before the committee.
Courtney de La Rosa, Department Agriculture, spoke on behalf of Wanda Blair.
MOTION: CONFIRM APPOINTMENT OF REAPPOINTMENT OF WANDA BLAIR OF
VALE, SOUTH DAKOTA, TO THE SOUTH DAKOTA BRAND BOARD
Moved by: Vehle
Second by: Otten (Ernie)
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Krebs, Rampelberg, Otten (Ernie), Vehle, Ewing, Omdahl, Lucas, Frerichs
Excused: Rhoden
MOTION: THAT CONFIRMATION OF WANDA BLAIR TO THE SD BRAND BOARD
BE PLACED ON THE CONSENT CALENDAR.
Moved by: Frerichs
Second by: Vehle
Action: Prevailed by voice vote.
MOTION: CONFIRM APPOINTMENT OF LYLA HUTCHISON OF WOUNDED KNEE,
SOUTH DAKOTA, TO THE SOUTH DAKOTA BRAND BOARD
Moved by: Lucas
Second by: Frerichs
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Krebs, Rampelberg, Otten (Ernie), Vehle, Ewing, Omdahl, Lucas, Frerichs
Excused: Rhoden
Lyla Hutchison spoke on her own behalf before the committee.
Courtney de La Rosa, Department Agriculture, spoke on behalf of Lyla Hutchison.
MOTION: THAT CONFIRMATION OF LYLA HUTCHISON TO THE SD BRAND
BOARD BE PLACED ON THE CONSENT CALENDAR.
Moved by: Frerichs
Second by: Vehle
Action: Prevailed by voice vote.
SB 183: revise provisions relating to hunting trespass and to increase certain
penalties for trespassing.
Presented by: Senator Corey Brown
Proponents: Jeremiah M. Murphy, SD Stockgrowers
Chris Hesla, SD Wildlife Federation
Representative Betty Olson
MOTION: AMEND SB 183
183tb
Delete the previously adopted amendment (183ta).
On page 1 of the printed bill, delete lines 4 to 8, inclusive, and insert:
" Section 1. That § 41-9-1 be amended to read as follows:
41-9-1. Except as provided in § 41-9-2, no person may fish, hunt, or trap upon any private land
without permission from the owner or lessee of the land. Under the terms of this section, a person in
possession of a valid hunting license and a firearm is deemed to be hunting if the person is traveling
by foot or motor vehicle upon or across private land in an attempt to locate, flush, drive, pursue, or
take game or is en route to a hunting destination. A violation of this section is a Class 2 misdemeanor
and is subject to § 41-9-8. ".
On page 1, line 12, delete "a period of not less than one and not more than three years" and insert
"two years".
Moved by: Lucas
Second by: Frerichs
Action: Prevailed by voice vote.
MOTION: DO PASS SB 183 AS AMENDED
Moved by: Vehle
Second by: Otten (Ernie)
Action: Prevailed by roll call vote. (7-0-2-0)
Voting Yes: Krebs, Rampelberg, Otten (Ernie), Vehle, Ewing, Omdahl, Lucas
Excused: Rhoden, Frerichs
SB 238: appropriate money to the animal damage control fund for predator control
services and to declare an emergency.
Presented by: Senator Russell Olson
Proponents: Max Matthews, SD Sheep Growers Association
Jeremiah M. Murphy, SD Stockgrowers
Mike Held, SD Farm Bureau
Brenda Forman, SD Cattlemen's Association
Tammy Basel, Self, Union Center
Mike Traxinger, South Dakota Farmers Union
Representative Betty Olson
Opponents: Jim Abbott, USD President, on behalf of Charlie Coyote, USD mascot
MOTION: DO PASS SB 238
Moved by: Rhoden
Second by: Frerichs
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Krebs, Rampelberg, Rhoden, Otten (Ernie), Vehle, Ewing, Omdahl, Lucas, Frerichs
MOTION: ADJOURN
Moved by: Vehle
Second by: Rampelberg
Action: Prevailed by voice vote.
Charlotte Conway
____________________________
Committee Secretary
Shantel Krebs, Chair
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