72nd Legislative Session -- 1997

Committee: House Agriculture & Natural Resources

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brooks, Chair
P      Madden, Vice-Chair
P      Crisp
P      Duenwald
P      Johnson (Doug)
P      Pummel
P      Van Gerpen
P      Weber
P      Wetz
P      Chicoine
P      Lee
P      Lockner
P      Schrempp


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Brooks.

MOTION:      Amend Minutes of February 11, 1997 to read Renee Morag as proponent rather than opponent.

Moved by:      Representative Schrempp
Second by:      Representative Weber
Action:      Prevailed by voice vote.

MOTION:      TO APPROVE THE MINUTES OF February 13, 1997.

Moved by:      Representative Madden
Second by:      Representative Wetz
Action:      Prevailed by voice vote.

MOTION:      TO APPROVE THE MINUTES OF February 14, 1997.

Moved by:      Representative Duenwald

---

Second by:      Representative Lee
Action:      Prevailed by voice vote.

          HB 1122:   to restrict section-line hunting near cemeteries.



MOTION:      DEFER HB 1122 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Madden
Second by:      Representative Duenwald
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Brooks, Madden, Duenwald, Johnson (Doug), Pummel, Van Gerpen, Weber, Wetz, Lee, Lockner, Schrempp

Excused:      Crisp, Chicoine

          HB 1229:   to make certain swine operations subject to certain environmental fees.

Proponents:      LuAnn Napton, South Dakota Resource Coalition
          Shirley Efling, Dakota Rural Action
          Lorin Pankratz, South Dakota Pork Producers
          Dean Krogman
          Steve Pirner, Dept. Of Environment and Natural Resources
Opponents:      Richard Renelt
Comments by:      Senator Kloucek

MOTION:      AMEND HB 1229

t-1229b

     On the printed bill, delete everything after the enacting clause and all previous amendments and insert:

"      Section  1.  That chapter 34A-2 be amended by adding thereto a NEW SECTION to read as follows:
    
     In addition to any other tax or fee levied by law, and notwithstanding the provisions of §  34A- 2-117, there is hereby imposed an annual fee on all concentrated animal feeding operations that are required to operate under a general or individual water pollution control permit issued under chapter 34A-2 or required to obtain approval of plans and specifications pursuant to §  34A-2-27. The fee is two hundred fifty dollars for operations with two thousand or more animal units, one hundred seventy-five dollars for operations with one thousand to one thousand nine hundred ninety-nine animal units, and one hundred dollars for operations with less than one thousand animal units. The obligation to pay the fee is on the person filing the application for the water pollution control permit or the person required to obtain plans and specifications approval and accrues on July first of each

year. By August first of each year, the Department of Environment and Natural Resources shall submit a billing to each person obligated to pay the fee. The fee is due and payable by September thirtieth and shall be remitted to the Department of Revenue.      There is hereby established in the environment and natural resources fee fund established in §  1-40-30 the concentrated animal feeding operation administrative subfund. The subfund consists of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to this section. The subfund shall be maintained separately and be administered by the Department of Environment and Natural Resources in order to defray the expenses associated with administering the concentrated animal feeding operation program. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature. "

Moved by:      Representative Van Gerpen
Second by:      Representative Madden
Action:      Prevailed by roll call vote.   (10-3-0-0)

Voting yes:      Brooks, Madden, Crisp, Duenwald, Johnson (Doug), Pummel, Van Gerpen, Wetz, Chicoine, Lee

Voting no:      Weber, Lockner, Schrempp

MOTION:      AMEND THE AMENDMENT

t-1229c

     In the first sentence of the pending amendment, delete "an annual fee on all concentrated" and insert "a fee on all inspected concentrated".

Moved by:      Representative Weber
Second by:      Representative Crisp
Action:      Failed by voice vote.

MOTION:      DO PASS HB 1229 AS AMENDED

Moved by:      Representative Chicoine
Second by:      Representative Van Gerpen
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      Brooks, Crisp, Johnson (Doug), Pummel, Van Gerpen, Weber, Wetz, Chicoine

Voting no:      Madden, Duenwald, Lee, Lockner, Schrempp

MOTION:      TO AMEND TITLE OF HB 1229

t-1229t

---

     On page 1 , line 1 of the printed bill , delete " swine " and insert " livestock " .

Moved by:      Representative Brooks
Second by:      Representative Crisp
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Representative Madden
Second by:      Representative Crisp
Action:      Prevailed by voice vote.

Brooke Pike

Committee Secretary