74th Legislative Session -- 1999
Committee: Senate Appropriations
Wednesday, February 17, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Dennert
P
Duxbury
P
Lange
P
Benson
P
Bogue
P
Hainje
P
Kleven
P
Staggers
P
Drake, Vice-Chair
P
Frederick, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Frederick
SB 217:
authorize certain expenditures out of the water and environment fund, the
environment and natural resources fee fund, and the federal hardship grant
program, and to declare an emergency.
MOTION:
DO PASS SB 217
Moved by:
Senator Kleven
Second by:
Senator Drake
Action:
Prevailed by roll call vote.
(9-0-1-0)
Voting yes:
Dennert, Duxbury, Lange, Benson, Bogue, Kleven, Staggers, Drake, Frederick
Excused:
Hainje
SB 218:
make an appropriation from the coordinated soil and water conservation
fund to the State Conservation Commission.
MOTION:
DO PASS SB 218
Moved by:
Senator Drake
Second by:
Senator Duxbury
Action:
Prevailed by roll call vote.
(9-0-1-0)
Voting yes:
Dennert, Duxbury, Lange, Benson, Bogue, Kleven, Staggers, Drake, Frederick
Excused:
Hainje
SB 219:
make appropriations for a donation to the World War II National
Memorial and for commemorative memorials for persons awarded the
Congressional Medal of Honor and to declare an emergency.
MOTION:
DO PASS SB 219
Moved by:
Senator Benson
Second by:
Senator Dennert
Action:
Prevailed by roll call vote.
(9-0-1-0)
Voting yes:
Dennert, Duxbury, Lange, Benson, Bogue, Kleven, Staggers, Drake, Frederick
Excused:
Hainje
SB 220:
provide certain provisions regarding the matching of federal moneys for
highway improvements.
MOTION:
DO PASS SB 220
Moved by:
Senator Dennert
Second by:
Senator Staggers
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 220 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Senator Drake
Second by:
Senator Benson
Action:
Prevailed by roll call vote.
(9-1-0-0)
Voting yes:
Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Drake, Frederick
Voting no:
Staggers
SB 181:
direct the secretary of agriculture to pursue available remedies to halt the
dumping of livestock or to seek the imposition of countervailing duties on live
cattle imports from Canada and to make an appropriation therefor.
MOTION:
DEFER SB 181 UNTIL 50th legislative day
Moved by:
Senator Staggers
Second by:
None
Action:
Died for a lack of a second
MOTION:
SUBSTITUTE MOTION DEFER SB 181 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Senator Hainje
Second by:
Senator Drake
Action:
Prevailed by roll call vote.
(9-1-0-0)
Voting yes:
Dennert, Duxbury, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick
Voting no:
Lange
MOTION:
TO APPROVE THE MINUTES OF February 8, 1999
Moved by:
Senator Bogue
Second by:
Senator Benson
Action:
Prevailed by voice vote.
SB 141:
appropriate money to replace the dam on Lake Henry.
Proponents:
Senator Kloucek
MOTION:
TO TABLE SB 141
Moved by:
Senator Benson
Second by:
Senator Kleven
Action:
Prevailed by roll call vote.
(8-1-1-0)
Voting yes:
Dennert, Duxbury, Benson, Bogue, Hainje, Kleven, Staggers, Frederick
Voting no:
Lange
Excused:
Drake
SB 158:
appropriate money for the South Dakota Agriculture and Rural Leadership
program.
Proponents:
Senator Symens
MOTION:
DEFER SB 158 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Senator Bogue
Second by:
Senator Hainje
Action:
Prevailed by roll call vote.
(6-3-1-0)
Voting yes:
Benson, Bogue, Hainje, Kleven, Staggers, Frederick
Voting no:
Dennert, Duxbury, Lange
Excused:
Drake
SB 185:
establish the pork processing loan fund and to make an appropriation
therefor.
MOTION:
DEFER SB 185 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Senator Kleven
Second by:
Senator Benson
Action:
Prevailed by roll call vote.
(8-1-1-0)
Voting yes:
Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Frederick
Voting no:
Dennert
Excused:
Drake
MOTION:
TO APPROVE THE MINUTES OF February 12, 1999
Moved by:
Senator Dennert
Second by:
Senator Benson
Action:
Prevailed by voice vote.
SB 89:
appropriate money to the Black Hills Forest High School.
Proponents:
Ms. Diana Miller, Self
MOTION:
AMEND SB 89
d-89
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. Students attending the Black Hills Forest High School in Lawrence County may not
be included by any school district in its average daily membership for purposes of state aid to
education.
"
Moved by:
Senator Duxbury
Second by:
Senator Dennert
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 89 AS AMENDED
Moved by:
Senator Drake
Second by:
Senator Duxbury
Action:
Prevailed by roll call vote.
(10-0-0-0)
Voting yes:
Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake,
Frederick
MOTION:
TO AMEND TITLE OF SB 89
d-89t
On page
1
,
line
1 of the printed bill
,
delete everything after "
An Act to
"
and insert "
clarify
average daily membership in the state aid to education formula.
"
.
On page
1
,
delete line
2
.
Moved by:
Senator Hainje
Second by:
Senator Benson
Action:
Prevailed by voice vote.
SB 164:
provide emergency payments for certain pork producers through a
temporary fee on processed pork products, to make an appropriation therefor, and
to declare an emergency.
Proponents:
Senator Kloucek (Document #1)
MOTION:
AMEND SB 164
m-164e
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. Terms used in this Act mean:
(1) "Livestock," live cattle, swine, or sheep;
(2) "Packer," a person who is engaged in the business of slaughtering livestock or receiving,
purchasing, or soliciting livestock for slaughtering, the meat products of which are
directly or indirectly to be offered for resale or for public consumption. Packer includes
an agent of the packer engaged in buying or soliciting livestock for slaughter on behalf
of a packer. Packer does not include a cold storage plant or frozen food locker plant.
Section 2. A packer purchasing or soliciting livestock for slaughter in this state may not
discriminate in prices paid or offered to be paid to sellers of that livestock. This section does not
apply to the sale and purchase of livestock if the following requirements are met:
(1) The price differential is based on the quality of the livestock, if the packer purchases or
solicits the livestock based upon a payment method specifying prices paid for criteria
relating to carcass merit; actual and quantifiable costs related to transporting and
acquiring the livestock by the packer; or an agreement for the delivery of livestock at a
specified date or time; and
(2) After making a differential payment to a seller, the packer publishes information relating
to the differential pricing, including the payment method for carcass merit, transportation
and acquisition pricing, and an offer to enter into an agreement for the delivery of
livestock at a specified date or time according to the same terms and conditions offered
to other sellers.
Section 3. A packer shall provide all sellers with the same terms and conditions offered to a seller
who receives a differential price based on any of the criteria described in section 2 of this Act.
Section 4. A packer shall, at the end of each day during which livestock are purchased or
contracted, provide to the United States Department of Agriculture, agricultural market service
livestock market news branch, and the South Dakota Department of Agriculture, all prices paid for
livestock, both contract and direct purchased, that day.
Section 5. Any agreement made by a packer in violation of this Act is voidable. Any packer
acting in violation of this section is guilty of a fraudulent practice.
Section 6. The attorney general shall enforce the provisions of this Act and the Department of
Agriculture shall refer any violations of these provisions to the attorney general. The attorney general
or any person injured by a violation of these provisions may bring an action in circuit court to
restrain a packer from violating these provisions. A seller who receives a discriminatory price or who
is offered only a discriminatory price for livestock based upon a violation of these provisions by a
packer has a civil cause of action against the packer and, if successful, shall be awarded treble
damages.
Section 7. Any packer shall make available for publication and to the Department of Agriculture,
a daily report setting forth information regarding prices paid for livestock, under each contract in
force, in which the packer and a South Dakota resident are parties for the purchase of the livestock
by the packer, and which sets a date for delivery more than twenty days after the making of the
contract.
The reports shall be completed on forms prepared by the department for comparison with cash
market prices for livestock according to procedures required by the department in rules promulgated
pursuant to chapter 1-26. The report may not include information regarding the identity of a seller.
A failure of a packer to report as required by this section is punishable by a civil penalty not
to exceed ten percent of the packer's gross purchases within the period of violation. The department
shall refer to the attorney general any packer or packer's agent who the department believes is in
violation of the provisions of this Act. The attorney general may, upon referral from the department,
file an action in circuit court to enforce these provisions.
Section 8. This Act shall take effect when the legislatures of the states of Minnesota, Iowa,
Wyoming, and Nebraska have enacted substantially similar legislation. The attorney general of
South Dakota may be notified by any South Dakota citizen of said enactments and within thirty days
shall substantiate the legislative enactments and enforce the provisions of this Act.
Section 9. In the event the provisions of section 8 are not fulfilled, the Senate engrossed version
of Senate Bill 95 is hereby repealed.
"
Moved by:
Senator Benson
Second by:
Senator Drake
Action:
Prevailed by voice vote.
(Senators Dennert, Duxbury, and Lange requested their “No” votes be recorded.)
MOTION:
DO PASS SB 164 AS AMENDED
Moved by:
Senator Benson
Second by:
Senator Hainje
Action:
Prevailed by roll call vote.
(7-3-0-0)
Voting yes:
Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick
Voting no:
Dennert, Duxbury, Lange
MOTION:
TO AMEND TITLE OF SB 164
m-164t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
regulate certain
livestock packer transactions.
"
.
On page
1
,
delete lines
2
and
3
.
Moved by:
Senator Benson
Second by:
Senator Drake
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Hainje
Second by:
Senator Drake
Action:
Prevailed by voice vote.
Deborah Rumrill
_________________________________
Committee Secretary
Randy D. Frederick, Chair
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