74th Legislative Session -- 1999

Committee: House Agriculture & Natural Resources

Tuesday, February 16, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Crisp
P      Duenwald
P      Fryslie
P      Juhnke
P      Lintz
P      Sebert
P      Slaughter
P      Weber
P      Chicoine
P      Kazmerzak
P      Lockner
P      Wetz, Vice-Chair
P      Brooks, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Roger Brooks.


MOTION:      TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 11, 1999.

Moved by:      Representative Chicoine
Second by:      Representative Juhnke
Action:      Prevailed by voice vote.

          HB 1285:   require a vote before regional cooperatives can engage in certain activities.

Proponents:      Representative Robert Weber
Opponents:      None
Presented by:      Representative Robert Weber

MOTION:      DEFER HB 1285 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Duenwald
Second by:      Representative Wetz
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Crisp, Duenwald, Fryslie, Juhnke, Lintz, Sebert, Slaughter, Weber, Chicoine, Kazmerzak, Lockner, Wetz, Brooks

          HB 1273:   revise certain provisions and an inspection fee regarding moisture-measuring devices and protein-measuring devices.


Proponents:      Representative Kevin Crisp
          Darrell Cruea, Secretary, Department of Agriculture
Opponents:      None
Presented by:      Representative Kevin Crisp

MOTION:      DO PASS HB 1273

Moved by:      Representative Duenwald
Second by:      Representative Sebert
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1273

t-1273

     On page 1 , line 15 of the printed bill , delete everything after " The " and insert " department may , upon the " .

     On page 2 , line 2 , delete everything before " may " and insert " department " .

     On page 2 , line 3 , delete everything before " any " and insert " department " .

     On page 2 , line 14 , delete everything after " condition " and insert " by the department on an inspection form prepared by the department inspector . " .

     On page 2 , delete line 15 .

     On page 2 , line 18 , after " thereunder. " insert " The inspection fee for an inspection requested pursuant to § 38-31-2 shall be paid by the person requesting the inspection. " .

     On page 2 , delete lines 21 to 25 , inclusive , and insert:

"
     Section 5. Fees collected pursuant to § 38-31-5 shall be remitted at the end of each month to the state treasurer and deposited in the moisture and protein tester fund, which is hereby created. Expenditures from the fund shall be appropriated through the normal appropriation process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature. "


     On page 3 , delete lines 1 and 2 .


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

MOTION:      DO PASS HB 1273 AS AMENDED

Moved by:      Representative Duenwald
Second by:      Representative Wetz
Action:      Prevailed by roll call vote.   (12-1-0-0)

Voting yes:      Crisp, Duenwald, Fryslie, Juhnke, Lintz, Sebert, Slaughter, Weber, Kazmerzak, Lockner, Wetz, Brooks

Voting no:      Chicoine

          HB 1287:   increase the maximum amount allowable for the livestock ownership inspection fee.

Proponents:      Rep. Kenneth Wetz
          Bob Gadd, Brand Board
          Jim Reed, SD Stockgrowers Assn
          Darlene Huettl, SD Stockgrowers (Doc. 1, 2)
          Jim Houck, self
          Bart Bloom, self
          Jerry Deir, Brand Board
          Tom Landers, self
Opponents:      None
Presented by:      Representative Kenneth Wetz

MOTION:      DO PASS HB 1287

Moved by:      Representative Chicoine
Second by:      Representative Crisp
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Crisp, Duenwald, Fryslie, Juhnke, Lintz, Sebert, Slaughter, Weber, Chicoine, Lockner, Wetz, Brooks

Excused:      Kazmerzak

MOTION:      PLACE HB 1287 ON CONSENT

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

          HB 1163:   increase the maximum amount allowable for the brand renewal fee.

Proponents:      Rep. Kenneth Wetz
          Bob Gadd, SD Brand Board
          Richard Meyer, self
          Jim Reed, SD Stockgrowers Association
          Darlene Huettl, SD Stockgrowers, Association
          Jim Houck, self
Opponents:      None
Presented by:      Representative Kenneth Wetz

MOTION:      DO PASS HB 1163

Moved by:      Representative Juhnke
Second by:      Representative Wetz
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Crisp, Duenwald, Fryslie, Juhnke, Lintz, Sebert, Slaughter, Weber, Chicoine, Kazmerzak, Lockner, Wetz, Brooks

MOTION:      PLACE HB 1163 ON CONSENT

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

          HB 1214:   establish a safety zone around occupied dwellings located adjacent to certain public hunting areas.



MOTION:      DEFER HB 1214 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Crisp
Second by:      Representative Kazmerzak
Action:      Prevailed by roll call vote.   (9-4-0-0)

Voting yes:      Crisp, Fryslie, Sebert, Slaughter, Chicoine, Kazmerzak, Lockner, Wetz, Brooks

Voting no:      Duenwald, Juhnke, Lintz, Weber

          HB 1215:   provide for the continuation at the state level of certain federal commodity checkoff programs and to allow certain state checkoff programs to temporarily suspend the collection of checkoff assessments.



MOTION:      AMEND HB 1215

t-1215a

     On the printed bill, delete all previous committee amendments.

     On page 1 , line 6 , delete " ; " and insert " , or " .

     On page 1 , line 7 , delete everything after " 1230 " and insert " , " .

     On page 1 , delete line 8 .

     On page 1 , line 9 , delete everything before " are " .

     On page 1 , line 14 of the printed bill , delete " 26 " and insert " 23 " .

     On page 2 , delete lines 3 to 8 , inclusive .

     On page 2 , line 9 , delete " 4 " and insert " 3 " .

     On page 2 , line 11 , delete " 5 " and insert " 4 " .

     On page 2 , line 17 , delete " 6 " and insert " 5 " .

     On page 2 , line 18 , after " of " insert " an odd number of directors, which shall be at least nine but not greater than " .

     On page 2 , line 19 , after " producers. " insert " The secretary shall designate the number of directors for the council and shall designate the boundaries of the districts to be represented by each such director. " .

     On page 2 , line 20 , after " producers " insert " so that one director is elected from each district " .

     On page 6 , delete lines 4 to 24 , inclusive .

     On page 8 , delete lines 1 and 2 , and insert:

"

             (2)    The procedures for the payment and collection of assessments for the designated commodity or product in accordance with the requirements of section 20 of this Act; "

     On page 8 , line 12 , delete " sections " and insert " section " .

     On page 8 , line 13 , delete " 19 and 23 " and insert " 18 " .

     On page 8 , delete lines 14 to 25 , inclusive , and insert:

"      Section 20. The assessment imposed by this Act on pork or on beef shall be collected using payment requirements and collection procedures that are substantially similar to the payment requirements and collection procedures established for pork in 7 CFR, Part 1230 and for beef in 7 CFR, Part 1260, respectively. "


     On page 9 , delete line 1 .

     On page 9 , line 4 , after " grower " insert " or producer " .

     On page 9 , line 16 , after " temporarily " insert " reduce or " .

     On page 9 , line 18 , delete everything before " period, " and insert " year. At the end of the " .

     On page 9 , line 19 , after " may " insert " reduce or " .

     On page 9 , line 23 , after " temporarily " insert " reduce or " .

     On page 9 , line 24 , delete " for any such " .

     On page 9 , line 25 , delete everything before " period, " and insert " . At the end of the " .

     On page 10 , line 1 , after " may " insert " reduce or " .

     On page 10 , line 5 , after " temporarily " insert " reduce or " .

     On page 10 , line 6 , delete " for any such " .

     On page 10 , line 7 , delete everything before " period, " and insert " . At the end of the " .

     On page 10 , line 8 , after " may " insert " reduce or " .

     On page 10 , line 9 , after " limited. " insert " If the operations of the federal soybean promotion and research program established pursuant to 7 CFR, Part 1220, are terminated or suspended as a result of a referendum of producers, the rate of the assessment established pursuant to § 38-29-8 shall be reduced by one-half until the operations of the federal program resume. " .

     On page 10 , line 12 , after " temporarily " insert " reduce or " .

     On page 10 , line 13 , delete " for any such " .

     On page 10 , line 14 , delete everything before " period, " and insert " . At the end of the " .

     On page 10 , line 15 , after " may " insert " reduce or " .

     On page 10 , line 19 , after " temporarily " insert " reduce or " .

     On page 10 , line 21 , delete everything before " period, " and insert " year. At the end of the " .

     On page 10 , line 22 , after " may " insert " reduce or " .

     On page 10 , line 23 , after " limited. " insert " If the operations of the federal dairy promotion program established pursuant to 7 CFR, Part 1150, are terminated or suspended as a result of a referendum of producers, collection of the assessment established pursuant to § 41-31-9 shall continue as provided in § 41-31-9. " .


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

MOTION:      DO PASS HB 1215 AS AMENDED

Moved by:      Representative Chicoine
Second by:      Representative Kazmerzak
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Crisp, Duenwald, Fryslie, Juhnke, Lintz, Sebert, Slaughter, Weber, Chicoine, Kazmerzak, Lockner, Brooks

Excused:      Wetz

MOTION:      ADJOURN

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



Elizabeth L. Markley

_________________________________

Committee Secretary
Roger Brooks, Chair


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