Senate Agriculture and Natural Resources Minutes 2/3/2009 10:00 AM

84^th Legislative Session _ 2009

Committee: Senate Agriculture and Natural Resources

Tuesday, February 03, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Garnos
P    Hansen (Tom)
E    Howie, Vice-Chair
P    Kloucek
P    Maher
P    Peterson
P    Vehle
P    Rhoden, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Larry Rhoden, Chair.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, JANUARY 29, 2009

Moved by:    Bradford
Second by:    Garnos
Action:    Prevailed by voice vote.

MOTION:     CONFIRM APPOINTMENT OF JEFFREY OLSON OF PENNINGTON COUNTY, RAPID CITY , SOUTH DAKOTA, TO THE GAME, FISH AND PARKS COMMISSION

Moved by:    Hansen (Tom)
Second by:    Vehle
Action:    Prevailed by roll call vote. (7-0-2-0)

Voting Yes:    Bradford, Garnos, Hansen (Tom), Maher, Peterson, Vehle, Rhoden

Excused:    Howie, Kloucek

        THE CHAIR DEFERRED SB 135 UNTIL FEBRUARY 10, 2009

         SB 40: revise the financial assurance requirements for responding to accidental releases of chemical or biological ore leaching agents from certain permitted mines.

Presented by:    Steve Pirner, Department of Environment and Natural Resources

MOTION:     DO PASS SB 40

Moved by:    Kloucek
Second by:    Garnos
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Bradford, Garnos, Hansen (Tom), Kloucek, Maher, Peterson, Vehle, Rhoden

Excused:    Howie

         SB 104: increase state matching funds for animal damage control.

Presented by:    Senator Ryan Maher (Handouts: 1, 2, 3)
Proponents:    Reid Kopen, Self, Meadow
        Max Matthews, Sheep Growers Association SD, Bison
        Representative Betty Olson
        Larry Nelson, Self, Buffalo
        Johnny Kerstiens, SD Farmers Union
        Clark Blake, Self, Camp Crook
Opponents:    Jeff Vonk, Department of Game, Fish & Parks
        Chris Hesla, SD Wildlife Federation

MOTION:     DO PASS SB 104

Moved by:    Maher
Second by:    Peterson
Action:    Prevailed by roll call vote. (6-2-1-0)

Voting Yes:    Bradford, Garnos, Kloucek, Maher, Peterson, Rhoden

Voting No:    Hansen (Tom), Vehle

Excused:    Howie

         SB 105: require the State Brand Board to provide certain reports and information.

Presented by:    Senator Ryan Maher (Handouts: 4, 5, 6)
Proponents:    Jeremiah M. Murphy, SD Stockgrowers
        Representative Betty Olson
        Silvia Christen, Dakota Rural Action
        Johnny Kerstiens, SD Farmers Union
Opponents:    Larry Stearns, SD Brand Board, Pierre

MOTION:     AMEND SB 105

On page 2, after line 20 of the printed bill, insert:

"
Section 3. That § 40-18-1 be amended to read as follows:

40-18-1. The State Brand Board shall consist of five members appointed by the Governor and confirmed by the Senate . Statewide nonprofit agricultural organizations or other interested persons, may submit nominations to the Governor. ".

Moved by:    Bradford
Second by:    Hansen (Tom)
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 105 AS AMENDED

Moved by:    Hansen (Tom)
Second by:    Bradford
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 105

On page 2 of the printed bill, delete lines 14 to 20, inclusive.

Moved by: Vehle

Second by:    Garnos
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 105 AS AMENDED

Moved by:    Peterson
Second by:    Kloucek
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Bradford, Garnos, Hansen (Tom), Kloucek, Maher, Peterson, Vehle, Rhoden

Excused:    Howie

MOTION:     AMEND TITLE OF SB 105

On page 1, line 2, of the printed bill, after "information" insert "and to provide for Senate confirmation for Brand Board members.".

Moved by:    Maher
Second by:    Garnos
Action:    Prevailed by voice vote.

         SB 136: repeal the provision that requires cooperatives to set aside a portion of the net proceeds as an education fund.

Presented by:    Senator Tom Hansen
Proponents:    Brenda Forman, SD Association of Cooperatives
        Barry Jensen, Self, White River
        Greg Dean, SD Telecommunications Association
Opponents:    Johnny Kerstiens, SD Farmers Union
        James Wahle, Self, Salem
        Denise Mushite, Self, Geddes
        Senator Julie Bartling
        Representative Jason Frerichs
        Doug Sombke, Self, Conde

MOTION:     DO PASS SB 136

Moved by:    Hansen (Tom)

Second by:    Garnos
Action:    Failed by roll call vote. (3-5-1-0)

Voting Yes:    Garnos, Hansen (Tom), Vehle

Voting No:    Bradford, Kloucek, Maher, Peterson, Rhoden

Excused:    Howie

MOTION:     SUBSTITUTE MOTION DEFER SB 136 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Peterson
Second by:    Kloucek
Action:    Failed by roll call vote. (4-4-1-0)

Voting Yes:    Bradford, Kloucek, Maher, Peterson

Voting No:    Garnos, Hansen (Tom), Vehle, Rhoden

Excused:    Howie

        THE CHAIR DEFERRED SB 136 UNTIL FEBRUARY 5, 2009

MOTION:     ADJOURN

Moved by:    Bradford
Second by:    Peterson
Action:    Prevailed by voice vote.

Cindy Louder

____________________________

Committee Secretary

Larry Rhoden, Chair