73rd Legislative Session -- 1998
Committee: Senate Appropriations
Tuesday, February 10, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Dennert
P
Morford
P
Symens
P
Benson
P
Drake
P
Hainje
P
Kleven
P
Johnson (William), Vice-Chair
P
Frederick, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Frederick.
SB 242:
to appropriate money for the expenses of the legislative, judicial, and
executive departments of the state, certain officers, boards, and departments, for
support and maintenance of the educational, charitable, and penal institutions, the
South Dakota Veterans' Home, for maintenance of the state capitol, and for support
and maintenance of the state guard.
The Chair deferred SB 242 until ANOTHER DAY.
HB 1020:
to authorize the Board of Regents to construct a softball complex at the
University of South Dakota and to make an appropriation therefor.
Proponents:
Mr. Jim Abbott, President, USD
Greg Redlin, USD
William Radigan, Mayor, Vermillion
Representative Gary Sokolow
MOTION:
DO PASS HB 1020
Moved by:
Senator Symens
Second by:
Senator Hainje
Action:
Prevailed by roll call vote.
(7-1-1-0)
Voting yes:
Dennert, Morford, Symens, Drake, Hainje, Kleven, Frederick
Voting no:
Johnson (William)
Excused:
Benson
HB 1021:
to authorize the Board of Regents to purchase a tract of land in
Vermillion, Clay County, and to make an appropriation.
Proponents:
Mr. Jim Abbott, President, USD
Mr. Greg Redlin, USD
William Radigan, Mayor, Vermillion
Representative Gary Sokolow
MOTION:
DO PASS HB 1021
Moved by:
Senator Dennert
Second by:
Senator Kleven
Action:
Prevailed by roll call vote.
(7-1-1-0)
Voting yes:
Dennert, Morford, Symens, Drake, Hainje, Kleven, Frederick
Voting no:
Johnson (William)
Excused:
Benson
SB 19:
to authorize South Dakota State University to contract with private parties
to participate in the financing, construction, and operation of a wellness center and
to appropriate any resulting revenues to such purposes.
MOTION:
DEFER SB 19 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Symens
Second by:
Senator Drake
Action:
Prevailed by roll call vote.
(6-2-1-0)
Voting yes:
Morford, Drake, Hainje, Kleven, Johnson (William), Frederick
Voting no:
Dennert, Symens
Excused:
Benson
SB 20:
to make an appropriation to provide for the maintenance and repair needs
at the South Dakota School for the Deaf and the South Dakota School for the
Visually Handicapped.
MOTION:
DO PASS SB 20
Moved by:
Senator Kleven
Second by:
Senator Morford
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 20 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Drake
Second by:
Senator Johnson (William)
Action:
Prevailed by roll call vote.
(5-3-1-0)
Voting yes:
Drake, Hainje, Kleven, Johnson (William), Frederick
Voting no:
Dennert, Morford, Symens
Excused:
Benson
SB 22:
to provide for the deposit of certain moneys, held by the Board of Regents,
into the school and public lands endowment to provide partial funding for the
maintenance and repair needs of the South Dakota School for the Deaf and the
South Dakota School for the Visually Handicapped.
MOTION:
DEFER SB 22 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Drake
Second by:
Senator Johnson (William)
Action:
Failed by roll call vote.
(4-5-0-0)
Voting yes:
Benson, Drake, Johnson (William), Frederick
Voting no:
Dennert, Morford, Symens, Hainje, Kleven
MOTION:
DO PASS SB 22
Moved by:
Senator Symens
Second by:
Senator Hainje
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Dennert, Morford, Symens, Benson, Hainje, Kleven
Voting no:
Drake, Johnson (William), Frederick
SB 23:
to authorize the Board of Regents to construct a performing arts center at
South Dakota State University and to make an appropriation therefor.
MOTION:
AMEND SB 23
d-23
On page
1
,
between lines
12
and
13 of the printed bill
,
insert:
"
Section 1A. In addition to the funds in section 1 of this Act, the Board of Regents shall set aside
the sum of one million forty thousand dollars ($1,040,000) for the purpose of maintenance and repair
of the facility authorized in section 1 of this Act to be paid from other funds under the control of the
Board of Regents, from gifts and grants to South Dakota State University, including bond proceeds
provided by the city of Brookings.
"
On page
1
,
line
15
,
after "
construction
"
insert "
and maintenance and repair
"
.
Moved by:
Senator Drake
Second by:
Senator Kleven
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 23 AS AMENDED
Moved by:
Senator Johnson (William)
Second by:
Senator Kleven
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dennert, Morford, Symens, Benson, Drake, Hainje, Kleven, Johnson (William),
Frederick
SB 74:
to limit Board of Regents tuition and fees increases to the rate of inflation.
MOTION:
TO TABLE SB 74
Moved by:
Senator Symens
Second by:
Senator Dennert
Action:
Failed by roll call vote.
(3-6-0-0)
Voting yes:
Dennert, Morford, Symens
Voting no:
Benson, Drake, Hainje, Kleven, Johnson (William), Frederick
MOTION:
DO PASS SB 74
Moved by:
Senator Johnson (William)
Second by:
Senator Benson
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Benson, Drake, Hainje, Kleven, Johnson (William), Frederick
Voting no:
Dennert, Morford, Symens
SB 21:
to make an appropriation to provide for the maintenance and repair needs
for the South Dakota Agricultural Experiment Station.
Proponents:
Mr. Kevin Fridley, SD Dept. Of Agriculture
Mr. Bryce Healy, School & Public Lands
Dr. Tad Perry, Board of Regents
Ms. Brenda Forman, SD Ag Unity
Opponents:
Ms. Kathleen Zander, SD Fertilizer & Ag. Chemical Assn
MOTION:
AMEND SB 21
b-21g
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
38-20A-4
be amended to read as follows:
38-20A-4.
On or before
the first day of July of each year
July 1, 1998, and every two years
thereafter,
and before any person whose name or brand name appears on a pesticide may distribute,
sell
,
or offer for sale or distribution in this state any pesticide,
he
the person
shall file with the
secretary of agriculture an application for the registration of the pesticide. Each application shall
include, but is not limited to, the following:
(1)
The name and address of the applicant and the name and address of the person whose
name will appear on the label, if other than the applicant;
(2)
The name of the pesticide;
(3)
Two
One
complete
copies
copy
of the labeling accompanying the pesticide and a
statement of all claims to be made for it, including directions for use;
(4)
If requested by the secretary,
a full description of the tests made and the results upon
which the claims are based; and
efficacy, toxicity, residue, and any other data necessary
to determine if the pesticide will perform its intended function without unreasonable
adverse effects on the environment;
(5)
The classification or lack of classification and general use or restricted use of the
pesticide
; and
(6) A biennial application fee of one hundred seventy-five dollars
.
Each registration is valid for a two-year period and expires on the alternate June thirtieth. The
registration may not be transferred. A fee equal to fifty percent of the application fee shall be applied
to any late renewal.
If a pesticide has not been manufactured or distributed for two years,
or is no longer available
for use due to a cancellation or suspension order of the United States Environmental Protection
Agency,
it is not subject to registration requirements.
Section 2. That chapter 38-20A be amended by adding thereto a NEW SECTION to read as
follows:
The biennial application fee for each pesticide registered in
§
38-20A-4 shall be distributed
as follows:
(1) Forty dollars shall be deposited in the pesticide regulatory fund created in
§
38-21-57;
(2) Forty-two dollars and fifty cents shall be deposited in the weed and pest fund created in
§
38-22-35;
(3) Forty-two dollars and fifty cents shall be deposited in the public lands weed and pest fund
created in
§
38-20A-58;
(4) Thirty dollars shall be deposited within the agricultural experiment station pursuant to
chapter 13-58; and
(5) Twenty dollars shall be deposited within the cooperative extension service pursuant to
chapter 13-54.
The late renewal fee in
§
38-20A-4 shall be divided equally between the weed and pest fund
created in
§
38-22-35, the pesticide regulatory fund created in
§
38-21-57, and the public lands weed
and pest fund created in
§
38-20A-58.
Section 3. That
§
38-20A-7
be repealed.
38-20A-7.
Products which have the same formula, are manufactured by the same person, have
labels that contain the same claims and uses and have labels that bear a designation identifying the
product as the same pesticide may be registered as a single pesticide. Additional names and labels
may be added by supplemental statements during the current period of registration.
Section 4. That
§
38-20A-9
be repealed.
38-20A-9.
At the time of filing the application required in
§
38-20A-4, the person filing the
application shall pay to the secretary a registration fee of twenty-five dollars and a weed and pest
control fund surcharge of fifty dollars and, in addition to any other fee or surcharge enacted by the
Legislature pursuant to the fees established in this section, a pesticide groundwater fee of twenty-five
dollars for each pesticide to be registered. The registration fee shall be deposited in the pesticide
regulatory fund and the weed and pest control fund surcharge shall be deposited in the weed and pest
control fund and the public lands weed and pest fund pursuant to
§
38-22-35. The pesticide
groundwater fee shall be deposited in the groundwater protection fund to fund the groundwater
research and education program established pursuant to
§
46A-1-85 for five years until March 15,
1994, at which point collection of the pesticide groundwater fee shall cease.
Section 5. That
§
38-20A-9.1
be repealed.
38-20A-9.1.
Twelve dollars of the amount deposited in the public lands weed and pest fund
pursuant to
§
38-22-35 shall be used for weed control. Priority shall be given to control weeds on
meandered lakes.
Grant requests to the public lands weed and pest fund for meandered lake lands shall be
reviewed by the office of school and public lands and expended from the public lands weed and pest
fund.
Section 6.That
§
38-20A-10
be amended to read as follows:
38-20A-10.
If it appears to the secretary of agriculture that the composition of the article is such
as to warrant the proposed claims for it and if the article and its labeling and other material required
to be submitted comply with the requirements of
§
§
38-20A-16 to 38-20A-29, inclusive,
he
the
secretary
shall register the article.
All registrations shall expire on June thirtieth following the date
of issue and shall be renewed annually.
Section 7. That
§
38-20A-58
be amended to read as follows:
38-20A-58.
There is hereby established within the state treasury the public lands weed and pest
fund. Interest accrued on money in the fund shall be deposited to the fund. All money in the public
lands weed and pest fund shall be budgeted and expended in accordance with Title 4 by the
Department of School and Public Lands for weed and pest control on school and public lands
and
meandered lake lands. At the end of each fiscal year, any unobligated cash in the public lands weed
and pest fund shall revert to the weed and pest fund created in
§
38-22-35
.
Section 8. That
§
38-22-35
be amended to read as follows:
38-22-35.
Any funds collected pursuant to the weed and pest control surcharge established in
§
38-20A-9 shall be distributed as follows: twenty-four dollars and fifty cents shall be deposited in
the public lands weed and pest fund, and twenty-five dollars and fifty cents shall be deposited in the
weed and pest control fund.
All funds collected pursuant to
§
38-22-36 shall be deposited with the
state treasurer in a special fund known as the "weed and pest control fund."
Section 9. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
"
Moved by:
Senator Symens
Second by:
Senator Dennert
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 21 AS AMENDED
Moved by:
Senator Drake
Second by:
Senator Benson
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dennert, Morford, Symens, Benson, Drake, Hainje, Kleven, Johnson (William),
Frederick
MOTION:
TO AMEND TITLE OF SB 21
b-21te
On page
1
,
line
1 of the printed bill
,
delete everything after "
Act to
"
and insert "
provide for the
biennial registration of pesticides, to revise the distribution of the pesticide application fee, and to
declare an emergency.
"
.
On page
1
,
delete line
2
.
Moved by:
Senator Morford
Second by:
Senator Dennert
Action:
Prevailed by voice vote.
SB 208:
to make an appropriation for the operation of the state fair.
Proponents:
Senator Charles Flowers
Ms. Jewel Tschetter, SD State Fair Manager
The Chair deferred SB 208 until WEDNESDAY, FEBRUARY 11, 1998.
MOTION:
ADJOURN
Moved by:
Senator Benson
Second by:
Senator Morford
Action:
Prevailed by voice vote.
Cynthia Scott
_________________________________
Committee Secretary