House Agriculture and Natural Resources Minutes 02/08/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Agriculture and Natural Resources

Thursday, February 08, 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 THURSDAY, FEBRUARY 6, 2001.

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

         HB 1201: revise certain provisions related to trespass by buffalo and to specify the characteristics of legal fences for buffalo.

Presented By:    Representative Willard Pummel, prime sponsor
Proponents:    Thomas LeFaive, Dakota Territory Buffalo Association, Fort Pierre

MOTION: AMEND HB 1201

On page 2, line 5 of the printed bill, delete " . However, all " and insert ", except as provided in this section. A legal fence for buffalo may use smooth wire rather than barbed wire. All".

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

MOTION:     DO PASS HB 1201 AS AMENDED

Moved by:    Rhoden
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

         HB 1234: remove certain restrictions on the use of agricultural land.

Presented By:    Representative Frank Kloucek, prime sponsor
Opponents:    Paul Kinsman, Department of Revenue
        Larry Gabriel, Secretary of Agriculture
        Larry Mann, lobbyist, GGC Dakota Inc.
        Mark Hollenbeck, self, Fort Pierre

MOTION:     DEFER HB 1234 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Van Gerpen
Second by:    Fryslie
Action:    Prevailed by roll call vote.(10-3-0-0)

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

Voting No:    Bradford, Kloucek, Sigdestad

         HB 1292: restrict the ownership of land by foreign corporations or entities.

Presented By:    Representative Sam Nachtigal, prime sponsor

MOTION:     DEFER HB 1292 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Holbeck
Second by:    Lintz
Action:    Prevailed by roll call vote.(12-0-1-0)

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

Excused:    Kloucek

         HB 1169: establish a penalty for the destruction of certain field crop products.

Presented By:    Representative Mike Jaspers, prime sponsor
Proponents:    Kathy Zander, lobbyist, SDABA (handout 1)
        Kevin Gephart, SDSU, via phone, Brookings
        Brenda Forman, lobbyist, SD Association of Coops
Comments by: Mark Barnett, SD Attorney General

MOTION:     AMEND HB 1169

On page 1, line 4 of the printed bill, after " crop " insert ", animal, or organism".

On page 1 , line 8, after " crop " insert ", animal, or organism".

On page 1 , line 8, after " destroyed. " insert "However, this section does not apply to crops, animals, or organism damaged or destroyed by emergency vehicles and personnel acting in a reasonable and prudent manner.".

On page 1 , line 10, after " the crop " insert ", animal, or organism".

On page 1 , line 10, delete " and crop " and insert "and".

On page 1 , line 11, after " crop " insert ", animal, or organism".

On page 1 , line 12, delete " of the crop " .

On page 1 , line 13, after " crop " insert ", animal, or organism".

On page 2 , line 1, delete " crop development " and insert "development".

On page 2 , line 1, after " the crop " insert ", animal, or organism".

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

MOTION:     CALL THE QUESTION ON AMENDMENT 1169ob

Moved by:    Lintz
Second by:    Rhoden
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1169

On page 1, line 5 of the printed bill, delete " personal or commercial purposes, or for " .

Moved by:    Holbeck
Second by:    Van Gerpen
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1169 AS AMENDED

Moved by:    Lintz
Second by:    Jensen
Action:    Prevailed by roll call vote.(11-1-1-0)

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

Voting No:    Holbeck

Excused:    Kloucek

MOTION:     TO AMEND TITLE OF HB 1169

On page 1, line 2 of the printed bill, after " products " insert ", animals, and organisms".

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

         HB 1214: prohibit the hunting of mallard ducks and turkey on private shooting preserves.

Presented By:    Representative Richard Brown, prime sponsor
Proponents:    Dean Hyde, self, Pierre
        John Cooper, Secretary, Game, Fish & Parks
        Chris Hesla, executive director, South Dakota Wildlife Federation
        Brent Wilbur, SD Gamebird Association
Opponents:    Senator Paul Dennert, self, Columbia
        Representative Burt Elliott, self, Aberdeen
        Tim Dougherty, lobbyist, West Bend Ranch

The Chair deferred HB 1214 until Tuesday, February 13, 2001.

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary

Jay L. Duenwald, Chair

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