77th Legislative Session _ 2002

Committee: House Agriculture and Natural Resources
Tuesday, January 29, 2002

                                            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
E    Lintz, Vice-Chair
P    Duenwald, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Jay Duenwald, Chairman

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, JANUARY 24, 2002

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

         HB 1245: require that certain exempt, dyed diesel fuel sold in the state contain biodiesel fuel oil.

Presented By:    Representative Jim Peterson, prime sponsor
Proponents:    Robert Metz, lobbyist, SD Soybean Association, Browns Valley, MN
        Allen Kasperson, self, Watertown


        Dennis Jaeger, self, Vice Chair SDSA, Goodwin
Opponents:    Donna Leitzke, lobbyist, SD Petroleum Marketers
        Larry Mann, lobbyist, Caterpillar Inc.
        Roxanne Rice, lobbyist, DOT, Pierre
        Jeff Holden, Bureau of Administration

Previous testimony was taken on January 24, 2002.

MOTION:     AMEND HB 1245

1245tc
     On page 1, line 10 of the printed bill, delete " January " and insert "July".

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

MOTION:     DO PASS HB 1245 AS AMENDED

Moved by:    Hanson (Gary)
Second by:    Hargens
Action:    Prevailed by roll call vote.(7-2-4-0)

Voting Yes:    Fryslie, Hanson (Gary), Hargens, Rhoden, Sigdestad, Van Gerpen, Duenwald

Voting No:    Holbeck, Jensen

Excused:    Bradford, Kloucek, Pitts, Lintz

         HB 1127: place certain safety zone restrictions on hunting in state-owned railroad rights-of-way.

Presented By:    Representative Kent Juhnke, prime sponsor
Proponents:    John Cooper, Secretary, Department of Game, Fish and Parks
        Steve Nelson, SD Migratory Bird Association, Pierre
        Chris Hesla, lobbyist, SD Wildlife Federation

MOTION:     AMEND HB 1127

1127ta
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 41-9-1.1 be amended to read as follows:

     41-9-1.1.   Except for controlled access facilities as defined in §   31-8-1, interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, §   41-9-1 does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this state that meet the requirements of §   41-9-1.3. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way or any state-owned railroad right-of-way for the purposes of hunting defined in this title within six hundred sixty feet of an occupied dwelling, a church, schoolhouse, or livestock. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way or any state-owned railroad right-of- way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied dwelling, church, or schoolhouse for which such distance has been clearly and accurately marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction. "


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

MOTION:     DO PASS HB 1127 AS AMENDED

Moved by:    Jensen
Second by:    Rhoden
Action:    Prevailed by roll call vote.(10-0-3-0)

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

Excused:    Kloucek, Pitts, Lintz

         HB 1214: revise certain administrative rules relating to pesticide applicators.

Presented By:    Representative Mike Jaspers, prime sponsor
Proponents:    Kathy Zander, lobbyist, SD Agribusiness Association
        David Clark, self, Aberdeen


        Joel Bierman, self, Pierre
        Brenda Forman, lobbyist, SD Association of Cooperatives
Opponents:    Larry Gabriel, Secretary, SD Department of Agriculture
        Rick Vallery, lobbyist, SD Wheat Inc.
        Steve Willard, lobbyist, SD Cattlemen's Association, Pierre
        Carrie Longwood, lobbyist, SD Stockgrowers Association

MOTION:     AMEND HB 1214

1214ta
     On page 1, line 5 of the printed bill, overstrike " Each " and insert " Not more than once in any three-year period, each ".

     On page 1 , line 6, delete " triennial " .

     On page 1 , line 6, delete " year three years " and insert "year".

     On page 1 , line 15, delete " year triennium " and insert "year".

     On page 3 , line 6, delete " Each commercial " and insert "Not more than once in any three-year period, each private".

     On page 3 , line 7, delete " triennial " .

     On page 3 , line 7, delete " three years " and insert "year".

     On page 3 , line 16, delete " triennium " and insert "year".

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

MOTION:     AMEND HB 1214

1214tc
     On page 2 of the printed bill, delete lines 1 to 22 , inclusive.

     On page 3 , line 1, delete " and licensed applicator " .

Moved by:    Van Gerpen


Action:    Died for a lack of a second

MOTION:     DEFER HB 1214 TO THE 36TH LEGISLATIVE DAY

Moved by:    Rhoden
Second by:    Hanson (Gary)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1214

1214tb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 38-21-24 be amended to read as follows:

     38-21-24.   The secretary of agriculture may establish rules pursuant to chapter 1-26 to require private and commercial applicators to maintain such pesticide application records as he may deem the secretary deems necessary. The rules may not include reporting requirements.

     Section 2. That § 38-21-51 be amended to read as follows:

     38-21-51.   The secretary of agriculture may establish rules promulgated pursuant to chapter 1-26 concerning:

             (1)      The inspection of storage and disposal areas;
             (2)      The inspection of application equipment and equipment storage areas;
             (3)      The establishment of restricted pesticide uses or methods of distribution;
             (4)      Standards for the transportation, storage, and disposal of pesticides or pesticide containers;
             (5)      The reporting of pesticide accidents and incidents;
             (6)      Standards for the certification of applicators of pesticides;
             (7)      Standards for the examination and testing of applicators of pesticides;
             (8)      The establishment of fees for private applicator certification not to exceed five dollars per certification;
             (9)      Pesticide applicator reporting and record keeping requirements . Rules promulgated under this subdivision may not include reporting requirements ;
             (10)      The establishment of state restricted use pesticides for designated areas within the state;
             (11)      Pesticide dealers reporting and record keeping requirements . Rules promulgated under this subdivision may not include reporting requirements ;
             (12)      The establishment of certification categories and sub-categories;
             (13)      The classification or sub-classification of certificates or licenses; and
             (14)      The use of pesticides through irrigation systems. "


Moved by:    Jensen
Action:    Died for a lack of a second

ORIGINAL MOTION:     DEFER HB 1214 TO THE 36TH LEGISLATIVE DAY

Action:    Prevailed by roll call vote.(11-0-2-0)

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

Excused:    Pitts, Lintz

         HB 1090: restrict hunting from within certain public right-of- way areas that are adjacent to certain shooting preserves.

Presented By:    Representative Tim Begalka, prime sponsor
Proponents:    Will Stone, self, SD Pheasant Hunts, Gary (handout 2)
Opponents:    Richard Barnett, lobbyist, United Sportsmen for South Dakotans

MOTION:     DEFER HB 1090 TO THE 36TH LEGISLATIVE DAY

Moved by:    Hargens
Second by:    Kloucek
Action:    Prevailed by roll call vote.(7-4-2-0)

Voting Yes:    Fryslie, Hanson (Gary), Hargens, Holbeck, Jensen, Kloucek, Van Gerpen

Voting No:    Bradford, Rhoden, Sigdestad, Duenwald

Excused:    Pitts, Lintz

         HB 1126: regulate the discharge of firearms from public right-of-way.

Presented By:    Representative Kent Juhnke, prime sponsor
Proponents:    Senator John Koskan, co-sponsor
        Mark Hollenbeck, lobbyist, SD Stockgrowers Association, Edgemont
        Will Stone, self, Gary
Opponents:    Richard Barnett, lobbyist, United Sportsmen for South Dakotans
        Chris Hesla, lobbyist, SD Wildlife Federation

MOTION:     DEFER HB 1126 TO THE 36TH LEGISLATIVE DAY

Moved by:    Sigdestad
Second by:    Hargens
Action:    Prevailed by roll call vote.(7-4-2-0)

Voting Yes:    Bradford, Hanson (Gary), Hargens, Holbeck, Kloucek, Sigdestad, Van Gerpen

Voting No:    Fryslie, Jensen, Rhoden, Duenwald

Excused:    Pitts, Lintz

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary                            Jay L. Duenwald, Chair


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