76th Legislative Session _ 2001

Committee: House Agriculture and Natural Resources
Thursday, January 25, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Fryslie
P    Hanson (Gary)
P    Hargens
P    Holbeck
P    Jensen
P    Kloucek
P    Pitts
P    Rhoden
P    Sigdestad
P    Van Gerpen
P    Lintz, Vice-Chair
P    Duenwald, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Jay Duenwald.

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, JANUARY 23, 2001

Moved by:    Hanson (Gary)
Second by:    Pitts
Action:    Prevailed by voice vote.

          HB 1005: prohibit hunting on public waters within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or livestock without written permission from the adjoining landowner.

Testimony had been heard at previous meetings.

Presented By:    Representative Claire Konold, prime sponsor
Proponents:    John Cooper, Secretary, Game, Fish & Parks Department
        Doug Sombke, President, SD Farmers Union
        Gail Brock, lobbyist, SD Towns and Townships
        Marie Ingalls, self, Mud Butte
Opponents:    Representative Claire Konold, opposed to Amendment 1005tb

MOTION:     SUBSTITUTE MOTION AMEND HB 1005

1005tb
     On page 1, line 10 of the printed bill, delete " , public waters, " .

     On page 1 , line 13, delete " , public waters, " .

     On page 1 , line 14, after " dwelling, " insert " farmstead, ".

     On page 2 , line 3, after " dwelling, " insert " farmstead, ".

     On page 2 , line 5, after " dwelling, " insert " farmstead, ".

     On page 2 , line 8, after " conviction. " insert " For purposes of this section, the term, occupied farmstead, means all buildings and structures located within one hundred yards of a dwelling on a farm or ranch of ten contiguous acres or more in size that are used primarily for agricultural purposes. The farmstead must be the permanent residence of at least one owner or lessee. ".

     On page 2 , after line 8, insert:

"      Section 2. That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

    
     No person may discharge a firearm while on any public waters of this state that inundate privately-owned property from a location which is within six hundred sixty feet of an occupied dwelling, farmstead as defined in section 1 of this Act, church, schoolhouse, or livestock being held in a confined area according to standard animal husbandry practices. However, a landowner or any person receiving permission from the landowner may discharge a firearm while on the public waters that inundate the private property of that landowner. A violation of this section is a Class 2 misdemeanor.".

Moved by:    Lintz
Second by:    Rhoden

Action:    Failed by roll call vote.(3-10-0-0)

Voting Yes:    Rhoden, Sigdestad, Duenwald

Voting No:    Bradford, Fryslie, Hanson (Gary), Hargens, Holbeck, Jensen, Kloucek, Pitts, Van Gerpen, Lintz

 ORIGINAL MOTION:     AMEND HB 1005 (See January 23 Minutes)

1005ta
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section  1.  That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

     No person may discharge a firearm while on any public waters of this state that inundate privately-owned property from a location which is within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or livestock being held in a confined area according to standard animal husbandry practices. However, a landowner or any person receiving permission from the landowner may discharge a firearm while on the public waters that inundate the private property of that landowner. A violation of this section is a Class 2 misdemeanor."

Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Bradford, Fryslie, Hanson (Gary), Hargens, Holbeck, Jensen, Kloucek, Pitts, Rhoden, Sigdestad, Van Gerpen, Lintz, Duenwald

 MOTION:     DO PASS HB 1005 AS AMENDED

Moved by:    Lintz
Second by:    Jensen
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Bradford, Fryslie, Hanson (Gary), Hargens, Holbeck, Jensen, Kloucek, Pitts, Rhoden, Sigdestad, Van Gerpen, Lintz, Duenwald

 MOTION:     TO AMEND TITLE OF HB 1005

1005tta
     On page 1 , line 1, delete everything after " to " and insert "prohibit the discharge of a firearm within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or certain livestock

while on certain public waters, and to provide a penalty.".


     On page 1 , delete lines 2 and 3 .

Moved by:    Fryslie
Second by:    Hargens
Action:    Prevailed by voice vote.

 MOTION:     ADJOURN

Moved by:    Holbeck
Second by:    Fryslie
Action:    Prevailed by voice vote.

Clara Shelbourn

____________________________

Committee Secretary
Jay L. Duenwald, Chair

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