76th Legislative Session _ 2001

Committee: Senate Agriculture and Natural Resources
Thursday, February 01, 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 Vice Chair Hainje

MOTION:     TO APPROVE THE MINUTES OF THE PREVIOUS MEETING.

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

          SB 191: revise the number and duration of certain nonresident waterfowl hunting licenses.

         **Comments from Doug Hansen, Game, Fish, and Parks.

Presented By:    Senator Hutmacher
Proponents:    John Forester, self
Opponents:    Richard Barnett, United Sportsman of South Dakota
         Chris Hesla, South Dakota Wildlife Federation

MOTION:     AMEND SB 191

191ta
     On page 3, line 21 of the printed bill, remove the overstrikes from " in the counties adjacent to the Missouri River " .

     On page 4 , remove the overstrikes from lines 1 to 4 , inclusive.

     On page 4 , line 23, remove the overstrikes from everything after "access".

     On page 4 , remove the overstrikes from line 24 .

     On page 5 , remove the overstrikes from lines 1 to 3 , inclusive.

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

 MOTION:     DO PASS SB 191 AS AMENDED

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

 MOTION:     SUBSTITUTE MOTION DEFER SB 191 TO THE 41ST LEGISLATIVE DAY

Moved by:    de Hueck
Second by:    Diedtrich (Elmer)
Action:    Prevailed by roll call vote.(6-3-0-0)

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

Voting No:    Hutmacher, Reedy, Symens

          SB 194: prohibit hunting on certain railroad rights-of-way.

Presented By:    Senator Hutmacher
Opponents:    Alex Huff, Dakota Southern Railway
         Chris Hesla, South Dakota Wildlife Federation

MOTION:     DEFER SB 194 TO THE 41ST LEGISLATIVE DAY


Moved by:    Diedtrich (Elmer)
Second by:    Hainje
Action:    Prevailed by roll call vote.(8-1-0-0)

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

Voting No:    Hutmacher

         SB 190: provide for an early pheasant season for resident hunters.

Presented By:    Senator Volesky
Opponents:    Tim Kessler, Game, Fish, and Parks (Handout A)
         Richard Barnett, United Sportsman of South Dakota
         Ed Goss, self

MOTION:     DEFER SB 190 UNTIL FEBRUARY 6TH.

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

         HCR 1003: Expressing support for agricultural biotechnology.

The Chair deferred HCR 1003 until February 6th..

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

         **Comments by Doug Hansen, Game, Fish, and Parks.

MOTION:     AMEND SB 11

11tb
     On page 1, line 10 of the printed bill, after " suspended. " insert "The fence may not limit the free navigation of any navigable watercourse or limit the right of the public to the enjoyment of the entire lake. At the request of any person, unit of local government, or political subdivision of the state, any contest pertaining to the restrictions set forth in this section may be brought to the Water Management Board for resolution consistent with the process established in § 46-5-1.1. This section

does not apply to meandered lakes, lakes where an ordinary high water mark has been established pursuant to § 43-17-21, or any lake that has a history of public use and access.".


     On page 1 , delete lines 13 and 14 , and insert "The liability provisions related to landowners, tenants, or lessees in § § 20-9-11 and 20-9-16 apply to any landowner, tenant, or lessee that constructs a fence in accordance with section 1 of this Act.".

     On page 2 , delete line 1 .

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

 MOTION:     DO PASS SB 11 AS AMENDED

Moved by:    Hutmacher
Second by:    Symens
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    de Hueck, Ham, Hutmacher, Reedy, Staggers, Symens, Hainje, Diedrich (Larry)

Voting No:    Diedtrich (Elmer)

 MOTION:     ADJOURN

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

Ryan Olson

____________________________

Committee Secretary
Larry Diedrich, Chair

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