House Agriculture and Natural Resources Minutes 02/20/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Agriculture and Natural Resources

Tuesday, February 20, 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 Chair Jay Duenwald.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 15, 2001.

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

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

Presented By:    Senator Drue Vitter, prime sponsor
Proponents:    Dick Tieszen, self, Pierre
        John Cooper, Game, Fish and Parks Secretary

MOTION:     DO PASS SB 9

Moved by:    Hanson (Gary)
Second by:    Van Gerpen
Action:    Prevailed by roll call vote.(12-0-1-0)

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

Excused:    Pitts

MOTION:     PLACE SB 9 ON CONSENT

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

         SB 26: eliminate the South Dakota Farm Loan Mediation Board and transfer program authority to the secretary of agriculture, to provide civil liability immunity for certain agricultural finance counselors, and to authorize the department to contract with businesses for mediation services.

Presented By:    Larry Gabriel, Secretary of Agriculture
Proponents:    Linda Hodgin, Department of Agriculture

MOTION:     AMEND SB 26

On page 7, line 24 of the printed bill, after " faith " insert " , in a reasonable and prudent manner, ".

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

MOTION:     DO PASS SB 26 AS AMENDED

Moved by:    Jensen
Second by:    Kloucek
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

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

Presented By:    Doug Hofer, State Parks Director, Game, Fish and Parks Department

MOTION:     DO PASS SB 55

Moved by:    Van Gerpen
Second by:    Rhoden
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:     PLACE SB 55 ON CONSENT

Moved by:    Hargens
Second by:    Van Gerpen
Action:    Prevailed by voice vote.

         SB 98: establish certain penalties for failure to control weeds and pests.

Presented By:    Representative Sam Nachtigal, sponsor
Proponents:    Senator Jim Hutmacher, prime sponsor
        Larry Gabriel, Secretary of Agriculture

MOTION:     AMEND SB 98

On page 2, after line 4 of the Senate engrossed bill, insert:

" Section 3. That chapter 38-22 be amended by adding thereto a NEW SECTION to read as follows:

If the county weed and pest board is requested by an individual to perform weed and pest control operations on the individual's property and fails to reimburse the county by November in the year in which the operations are performed, the cost of the operations shall become a lien against the lands of the owner pursuant to § 38-22-23.14.".

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

MOTION:     DO PASS SB 98 AS AMENDED

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

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

Voting No:    Pitts

         SB 135: revise the grounds for the refusal, suspension, or revocation of certain veterinary medicine licenses and certificates.

Presented By:    Dennis Duncan, lobbyist, SD Veterinary Medicine Association
Proponents:    Dr. Sam Holland, SD Veterinary Medicine Exam Board

MOTION:     DO PASS SB 135

Moved by:    Bradford
Second by:    Hanson (Gary)
Action:    Prevailed by roll call vote.(12-1-0-0)

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

Voting No:    Rhoden

Vice Chair Jim Lintz assumed the chair.

         SB 152: revise certain vaccination and brucellosis testing provisions related to the importation of livestock.

Presented By:    Representative Jay Duenwald, sponsor
Proponents:    Dr. Daryl Thorpe, lobbyist, SD Veterinary Medicine Association
        Dr. Sam Holland, State Veterinarian
        Jerry Vogeler, lobbyist, SD Livestock Markets Association

MOTION:     DO PASS SB 152

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

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

Excused:    Holbeck

MOTION:     PLACE SB 152 ON CONSENT

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

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary

Jay L. Duenwald, Chair

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