73rd Legislative Session -- 1998
Committee: Senate Agriculture & Natural Resources
Thursday, February 5, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Brosz
P
Brown (Arnold)
P
Ham
P
Hunhoff
P
Kloucek
P
Reedy
P
Vitter
P
Aker, Vice-Chair
P
Dunn (Jim), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Dunn
MOTION:
To amend minutes of 1/29/98. SB's 172,166 and HB 1088 should read deferred to
February 5,1998 instead of January 5,1998.
Moved by:
Senator Brown (Arnold)
Second by:
Senator Ham
Action:
Prevailed by voice vote.
MOTION:
TO APPROVE THE MINUTES OF 2/3/98
Moved by:
Senator Brown (Arnold)
Second by:
Senator Ham
Action:
Prevailed by voice vote.
SB 239:
to impose legal responsibility and tort liability for environmental damages
caused by the negligent entrustment of livestock to another.
MOTION:
AMEND SB 239
t-239
On page
2
,
line
1 of the printed bill
,
delete "
is
"
and insert "
shall be jointly and severally
"
.
On page
2
,
line
2
,
delete "
suffered by other persons
"
.
On page
2
,
after line
3
,
insert:
"
Section 3. Any person who holds an ownership interest in livestock and controls or specifies
through a contract or other business relationship the design, construction, or operational instructions
of the facilities which care for that livestock shall be jointly and severally liable for all environmental
damages which are caused by such person's negligent design, negligent construction, or negligent
operational instructions for the livestock facility.
"
Moved by:
Senator Vitter
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 239
v-239a
On page
2
,
after line
3 of the printed bill
,
insert:
"
Section 3. It is negligence per se for a person to entrust livestock to another person who does not
have the financial ability to clean up any environmental damages that may result from the possession
and control of that livestock. A person shall be deemed to have the required financial ability required
by this section if that person has unencumbered assets or insurance in the amount of $750,000 that
may be used immediately without legal challenge.
"
Moved by:
Senator Reedy
Second by:
Senator Kloucek
Action:
Was not acted on.
MOTION:
Tabled pending amendment v-239a
Moved by:
Senator Aker
Second by:
Senator Brown (Arnold)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 239 AS AMENDED
Moved by:
Senator Brown (Arnold)
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF SB 239
t-239t
On page
1
,
line
2 of the printed bill
,
after "
another
"
insert "
or negligent control or specification
of design, construction, or operational instruction of livestock facilities
"
.
Moved by:
Senator Vitter
Second by:
Senator Aker
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Brosz, Brown (Arnold), Ham, Hunhoff, Kloucek, Reedy, Vitter, Aker, Dunn (Jim)
SB 240:
to prohibit certain discharges associated with livestock operations, to
establish an environmental livestock cleanup fund, and to make an appropriation
therefor.
MOTION:
AMEND SB 240
t-240g
On page
2
,
line
6 of the printed bill
,
delete "
and
"
and insert "
an
"
.
On page
2
,
line
16
,
delete "
the
"
.
On page
3
,
line
2
,
after "
any
"
insert "
allowable
"
.
On page
3
,
line
18
,
after "
discharge
"
insert "
, or a person otherwise jointly or severally liable
under law for the discharge
"
.
On page
7
,
line
1
,
delete "
corrective action takes place
"
and insert "
discharge occurs
"
.
On page
7
,
line
4
,
delete "
upon
"
and insert "
from
"
.
On page
7
,
line
4
,
after "
which
"
insert "
the discharge requiring
"
.
On page
7
,
line
4
,
delete "
were made
"
and insert "
occurred
"
.
On page
7
,
line
8
,
after "
lien.
"
insert "
No lien may be filed if a responsible person cannot be
identified or if negligence was not a factor in the discharge.
"
.
Moved by:
Senator Aker
Second by:
Senator Brown (Arnold)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 240 AS AMENDED
Moved by:
Senator Vitter
Second by:
Senator Ham
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Brosz, Brown (Arnold), Ham, Hunhoff, Kloucek, Reedy, Vitter, Aker, Dunn (Jim)
SB 172:
to establish a sheep checkoff program.
Proponents:
Bill Fuller, SD Sheep Growers
Gary Schwartz, SD Sheep Growers
Jack Orwick, Newell
Burton Anderson, Highmore
Tom Dosh, Frederick
Clair Jamirin, Buffalo
Bill Aeschlimam, Hurley
Rep. Lee
Opponents:
Gwen Kitzan, Nisland (Documents A and B)
Bob Jewett, Spearfish
Harlan Jacobson, Newell
Dallarie Riesland, Nisland
Representative Schrempp
Presented by:
Senator Frederick
MOTION:
AMEND SB 172
b-172
On page
2
,
line
18 of the printed bill
,
after "
transportation,
"
insert "
predator control,
"
.
Moved by:
Senator Reedy
Second by:
Senator Ham
Action:
Prevailed by roll call vote.
(4-4-1-0)
Voting yes:
Ham, Hunhoff, Kloucek, Reedy
Voting no:
Brosz, Brown (Arnold), Vitter, Aker
Excused:
Dunn (Jim)
MOTION:
AMEND SB 172
t-172
On page
3
,
line
15 of the printed bill
,
after "
assessment.
"
insert "
However, the council shall
promulgate rules pursuant to chapter 1-26 to establish procedures to allow sheep producers to avoid
the voluntary assessment at the point of sale.
"
.
Moved by:
Senator Hunhoff
Second by:
Senator Reedy
Action:
Failed by roll call vote.
(4-4-1-0)
Voting yes:
Ham, Hunhoff, Kloucek, Reedy
Voting no:
Brosz, Brown (Arnold), Vitter, Aker
Excused:
Dunn (Jim)
MOTION:
DEFER SB 172 UNTIL Tuesday, February 10,1998
Moved by:
Senator Vitter
Second by:
Senator Hunhoff
Action:
Failed by roll call vote.
(4-5-0-0)
Voting yes:
Ham, Hunhoff, Reedy, Vitter
Voting no:
Brosz, Brown (Arnold), Kloucek, Aker, Dunn (Jim)
MOTION:
DO PASS SB 172 AS AMENDED
Moved by:
Senator Brown (Arnold)
Second by:
Senator Brosz
Action:
Prevailed by roll call vote.
(5-4-0-0)
Voting yes:
Brosz, Brown (Arnold), Hunhoff, Reedy, Aker
Voting no:
Ham, Kloucek, Vitter, Dunn (Jim)
SB 221:
to establish a moratorium on the construction or expansion of certain concentrated
animal feeding operations.
Proponents:
Luanne Napton, SD Resource Coalition
Curt Prochart, Sierre Club
Opponents:
Darrell Creau, Dept. Of Agriculture
Lester Austin, Turner County
Lorin Pankratz,Madison
Art Duerksen, Corsica
Charles York, Winner (Doc. B and C)
Mike Held, SD Farm Bureau
Presented by:
Senator Hutmacher (Doc. A)
MOTION:
DO PASS SB 221
Moved by:
Senator Reedy
Second by:
Senator Kloucek
Action:
Failed by roll call vote.
(3-6-0-0)
Voting yes:
Hunhoff, Kloucek, Reedy
Voting no:
Brosz, Brown (Arnold), Ham, Vitter, Aker, Dunn (Jim)
MOTION:
DEFER SB 221 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Aker
Second by:
Senator Ham
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Brosz, Brown (Arnold), Ham, Vitter, Aker, Dunn (Jim)
Voting no:
Hunhoff, Kloucek, Reedy
MOTION:
ADJOURN
Moved by:
Senator Aker
Second by:
Senator Brown (Arnold)
Action:
Prevailed by voice vote.
Carol Enright
_________________________________
Committee Secretary
Jim B. Dunn, Chair
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