Committee: House Agriculture and Natural Resources
MOTION:
TO APPROVE THE MINUTES OF prior meeting
Moved by:
Representative Weber
Second by:
Representative Juhnke
Action:
Prevailed by voice vote.
HB 1295:
revise the list of practices not considered to be veterinary medicine.
Presented by:
Rep Jim Lintz
MOTION:
DEFER HB 1295 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Juhnke
Second by:
Representative Wetz
Action:
Prevailed by roll call vote.
(11-0-2-0)
"
Section
1.
That chapter 1-41 be amended by adding thereto a NEW SECTION to read as follows:
There is hereby created within the Department of Agriculture the office of agricultural policy.
The office is responsible for researching and developing factual information on issues affecting the
State of South Dakota and its agricultural industry. The office may develop briefing documents,
policy statements, and other informational documents for the secretary of agriculture and the
Governor on a variety of subjects, including:
"
Section 1. That
§
43-17-2
be amended to read as follows:
43-17-2.
Unless the grant under which the land is held indicates a different intent, the owner of
the upland, if it borders upon a
navigable
meandered
lake or
navigable
stream, takes to the edge of
the lake or stream at low water mark. All navigable
rivers
streams
and
meandered
lakes are public
highways within fifty feet landward from the water's nearest edge
, provided that
. However,
the outer
boundary of such public highway may not expand beyond the ordinary high water mark and may not
contract within the ordinary low water mark,
and
subject to
the provisions of
§
§
43-17-29, 43-17-31,
43-17-32
,
and 43-17-33.
Section 2. That chapter 43-17 be amended by adding thereto a NEW SECTION to read as
follows:
There is no public right to or interest in any unmeandered lake or any unnavigable stream. All
rights and interests vest with the owner of the land beneath any unmeandered lake or unnavigable
stream.
Section 3. That
§
43-17-29
be amended to read as follows:
43-17-29.
If
any
the
water level rises above the ordinary high water mark of a
navigable
meandered
lake, the right of the public to
the
enjoyment of the entire lake
may
is
not
be
limited
,
except that
. However, the public may only
access
to
the lake
shall be
by public right-of-way or by
permission of the riparian landowner and
is
subject to
to the provisions of
§
§
43-17-2, 43-17-31,
43-17-32
,
and 43-17-33.
Section 4. That
§
43-17-31
be amended to read as follows:
43-17-31.
The provisions of
§
§
43-17-2 and 43-17-29 notwithstanding, any landowner may deny
public access to
his taxable
private real
property, including inundated property
,
if such property has
been inundated for a period of at least three years, borders the water's edge
,
and lies above the
ordinary high water mark of a
navigable
meandered
lake that includes at least five thousand acres
of inundated land in private ownership. A landowner who chooses to deny access to
his
inundated
lake property pursuant to this section shall request the Department of Game, Fish and Parks to mark
the boundaries of the affected property
,
;
and the department shall, upon request, clearly mark the
restricted area so that the markings are plainly visible and understandable to
a user
anyone interested
in the use
of the lake. This section does not apply to public highways that are maintained for use by
motor vehicles.
Section 5. That § 43-17-32 be amended to read as follows:
Section 6. That chapter 43-17 be amended by adding thereto a NEW SECTION to read as
follows:
For the purposes of this chapter, a lake is meandered if, during the survey of this state,
undertaken by the federal government for purposes of platting out the sections of land available for
sale and use, the lake's existence was indicated on the survey maps by a meander line to delineate
the sinuosities of the banks of the lake.
"
"
Section
2.
Any person who has secured the permission of the Department of Agriculture to do
so may plant, harvest, possess, process, sell, or buy industrial hemp, cannabis sativa L., with a
tetrahydrocannabinol (THC) content of one-third of one percent or less. Any person who harvests,
possesses, or sells industrial hemp with a THC content of more than one-third of one percent is
guilty of a Class 2 misdemeanor. However, no violation of this section that involves a THC content
of less than one percent may be prosecuted. This section does not take effect until the activities
authorized in this section no longer violate federal law.
"
James Wosepka