Senate Agriculture and Natural Resources Minutes 01/23/2001 10:00 AM

76^th Legislative Session _ 2001

Committee: Senate Agriculture and Natural Resources

Tuesday, January 23, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    de Hueck
P    Diedtrich (Elmer)
P    Ham
P    Hutmacher
P    Reedy
P    Staggers
P    Symens
P    Hainje, Vice-Chair
P    Diedrich (Larry), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Diedrich

MOTION:     TO APPROVE THE MINUTES OF THE PREVIOUS MEETING.

Moved by:    de Hueck
Second by:    Diedtrich (Elmer)
Action:    Prevailed by voice vote.

         SB 27: revise the accounting process for the state fair.

Presented By:    Ken Anderson, State Fair Budget Office

MOTION:     DO PASS SB 27

Moved by:    Hainje
Second by:    Diedtrich (Elmer)
Action:    Prevailed by roll call vote.(7-0-2-0)

Voting Yes:    de Hueck, Diedtrich (Elmer), Reedy, Staggers, Symens, Hainje, Diedrich (Larry)

Excused:    Ham, Hutmacher

MOTION:     PLACE SB 27 ON CONSENT

Moved by:    Symens
Second by:    Hainje
Action:    Prevailed by voice vote.

         SB 55: change the name of Union County State Park.

MOTION:     DO PASS SB 55

Moved by:    Reedy
Second by:    Diedtrich (Elmer)
Action:    Prevailed by roll call vote.(7-1-1-0)

Voting Yes:    de Hueck, Diedtrich (Elmer), Hutmacher, Reedy, Symens, Hainje, Diedrich (Larry)

Voting No:    Staggers

Excused:    Ham

         SB 9: revise certain provisions pertaining to landowner liability for injuries sustained by trespassers on flooded land.

Presented By:    Senator Vitter

MOTION:     AMEND SB 9

On page 1, line 8 of the printed bill, after " lessee " insert " , with or ".

On page 1 , line 8, overstrike " , irrespective of the method or " .

On page 1 , line 9, overstrike " means by which the trespass occurred " .

Moved by:    Symens
Second by:    Staggers
Action:    Prevailed by voice vote.

MOTION: TO AMEND TITLE OF SB 9

On page 1, line 2 of the printed bill, delete " by trespassers " .

Moved by:    Hutmacher
Second by:    Symens
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 9 AS AMENDED

Moved by:    Symens
Second by:    Staggers
Action:    Prevailed by roll call vote.(6-2-1-0)

Voting Yes:    Diedtrich (Elmer),Hutmacher, Reedy, Staggers, Symens, Diedrich (Larry)

Voting No:    de Hueck, Hainje

Excused:    Ham

         SB 11: permit the fencing of certain lakes, ponds, and sloughs for the containment of livestock.

MOTION: AMEND SB 11 (pending from January 18^th meeting)

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. Any person who owns any tract of land classified as agricultural land pursuant to § 10-6- 31.3, and which is inundated by water or frozen water of a nonmeandered lake may fence such tract:

(1) If livestock are annually pastured in such areas and the fence is reasonably necessary to prevent the livestock from straying from land of the owner;

(2) If the fence is so constructed and so marked that it does not, under daytime and nighttime conditions, constitute a danger to the public; and

(3) If the fence is so constructed that the right of the public to utilize the nonmeandered lake is not prohibited or unduly restricted and is in compliance with any rules promulgated by

the Water Management Board pursuant to section 2 of this Act.

Construction of a fence in violation of this section is a Class 2 misdemeanor.

Section 2. The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish criteria, standards, and requirements for appropriate gates, switchbacks, or other devices that permit safe use of the nonmeandered lake and passage of boats, canoes, or other vessels, pedestrians, and snowmobiles in accordance with section 1 of this Act.

Section 3. The owners of land described in section 1 of this Act may request a variance from the requirements of sections 1 and 2 of this Act by application to the Water Management Board if local conditions do not permit compliance with rules promulgated pursuant to section 2 of this Act. Upon receiving a request for a variance, the chief engineer, as defined in subdivision 46-1-6(5), shall schedule the matter for hearing by the Water Management Board in accordance with the procedures specified in chapter 46-2A.

Section 4. A gate or opening constructed pursuant to rules promulgated by the Water Management Board pursuant to section 2 of this Act is required in any fence constructed on the land described in section 1 of this Act."

Moved by:    Hainje
Second by:    Ham
Action:    Failed by voice vote.

Testimony was given by John Hatch, and Reuben Bezpaletz, Legislative Research Council.

A sub-committee was formed by the chair for more information. The appointees are as follows:
Senators: Symens, Hutmacher, Hainje, and deHueck (chair).

The Chair deferred SB 11 until another day..

         SB 12: prohibit the launching of boats from public highways under certain circumstances and to provide penalties therefor.

Presented By:    Senator Symens.
Proponents:    Gail Brock, South Dakota Association of Towns and Townships
Opponents:    Chris Hesla, South Dakota Wildlife Federation
         John Cooper, South Dakota Game, Fish, and Parks
         Tim Tollefsrud, Department of Environment and Natural Resources.

MOTION:     AMEND SB 12

On page 1, line 8 of the printed bill, after " enforcement " insert ", fire, or rescue".

Moved by:    Symens
Second by:    de Hueck
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 12 AS AMENDED

Moved by:    Symens
Second by:    Reedy
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 12 TO THE 41^ST LEGISLATIVE DAY

Moved by:    de Hueck
Second by:    Hainje
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    de Hueck, Diedtrich (Elmer), Staggers, Hainje, Diedrich (Larry)

Voting No:    Ham, Hutmacher, Reedy, Symens

         SB 77: provide for the issuance of certain temporary veterinary permits.

The Chair deferred SB 77 until another day..

MOTION:     ADJOURN

Moved by:    Hainje
Second by:    Diedtrich (Elmer)
Action:    Prevailed by voice vote.

____________________________

Committee Secretary

Larry Diedrich, Chair

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