P - Present
Roll Call
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
E - Excused
A - Absent
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
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.
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
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
Moved by: Jensen
Second by: Fryslie
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1214
Moved by: Van Gerpen
"
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:
Clara Shelbourn