Senate Agriculture and Natural Resources Minutes 02/05/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: Senate Agriculture and Natural Resources

Tuesday, February 05, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    de Hueck
P    Ham
P    Hutmacher
P    Koskan
P    Reedy
P    Staggers
P    Symens
P    Diedtrich (Elmer), Vice-Chair
P    Diedrich (Larry), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Diedrich.

MOTION:     TO APPROVE THE MINUTES OF THE PREVIOUS MEETING.

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

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

Presented By:    Representative Juhnke, (Handout 1127-A)
Proponents:    John Cooper, Game, Fish, and Parks
         Steve Nelson, SD Migratory Bird Association
         Richard Barnett, United Sportsman of SD
         Chris Hesla, SD Wildlife Federation
Opponents:    Dick Huff, Dakota Southern Railway
         Paul Wellward, AFLCIO

MOTION:     DEFER HB 1127 UNTIL ANOTHER DAY.

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

         SB 179: regulate certain practices related to genetically modified crops.

Presented By:    Senator Symens
Proponents:    Rick Vallery, SD Wheat
         Mike Held, SD Farm Bureau
         Wayne Soren, SD Farmers Union
         George Williams, SD Department of Agriculture
         Jim Stiegelmeier, self
Comments By: Larry Gabriel, Secretary of Agriculture.

MOTION:     AMEND SB 179

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

" Section 1. Terms used in this Act mean:

(1) "Farmer," the person responsible for planting a crop on, managing the crop, and harvesting the crop from land on which a patent infringement is alleged to have occurred; and

(2) "Transgenic organism," an organism that has been modified by genetic engineering to contain DNA from an outside source.

Section 2. Before a person holding a patent on transgenic seed may enter upon any land farmed by another for the purpose of obtaining crop samples to determine whether patent infringement has occurred, the person holding the patent:

(1) Shall notify the farmer in writing of the allegation that a patent infringement has occurred and request written permission to enter upon the farmer's land; and

(2) Shall obtain the written permission of the farmer.

The farmer shall grant or deny access within fourteen days of receipt of request to enter the land. If the farmer withholds written permission, the person holding a patent may petition the circuit court for an order granting permission to enter upon the farmer's land.

Section 3. If either party requests the secretary of agriculture to collect the samples, the cost shall be divided equally between the parties.

Section 4. If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protection order from the circuit court. The protection order may not interrupt or interfere with normal farming practices, including harvest and tillage.

Section 5. The samples may be taken from a standing crop, from representative standing plants in the field, or from crops remaining in the field after harvest.

Section 6. The secretary of agriculture may promulgate rules, pursuant to chapter 1-26, to determine the following sampling protocols:

(1) To determine who is authorized to collect samples;

(2) To determine methods of sample storage;

(3) To establish standards for sampling, inspecting, analyzing, and testing seeds; and

(4) To implement fees to recover sampling costs.

Section 7. The results of any testing conducted under this Act shall be sent by registered letter to either party by the other within thirty days after the results are reported from the testing laboratory."

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

MOTION:     AMEND SB 179

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

" Section 1. Terms used in this Act mean:

(1) "Farmer," the person responsible for planting a crop on, managing the crop, and harvesting the crop from land on which a patent infringement is alleged to have occurred; and

(2) "Transgenic organism," an organism that has been modified by genetic engineering to contain DNA from an outside source.

Section 2. Before a person holding a patent on transgenic seed may enter upon any land farmed

by another for the purpose of obtaining crop samples to determine whether patent infringement has occurred, the person holding the patent:

(1) Shall notify the farmer in writing of the allegation that a patent infringement has occurred and request written permission to enter upon the farmer's land; and

(2) Shall obtain the written permission of the farmer.

The farmer shall grant or deny access within fourteen days of receipt of request to enter the land. If the farmer withholds written permission, the person holding a patent may petition the circuit court for an order granting permission to enter upon the farmer's land. If the farmer denies access, the cost of taking the samples shall be borne by the person requesting the sample.

Section 3. If the person holding a patent believes that the crop from which samples are to be taken may be subject to intentional damage or destruction, the person may seek a protection order from the circuit court. The protection order may not interrupt or interfere with normal farming practices, including harvest and tillage.

Section 4. The samples may be taken from a standing crop, from representative standing plants in the field, or from crops remaining in the field after harvest. The samples shall be taken in a manner and quantity reasonably necessary to make a determination regarding intentional patent infringement.

Section 5. The secretary of agriculture may promulgate rules, pursuant to chapter 1-26, to determine the following sampling protocols:

(1) To determine who is authorized to collect samples;

(2) To determine methods of sample storage;

(3) To establish standards for sampling, inspecting, analyzing, and testing seeds; and

(4) To implement fees to recover sampling costs.

Section 6. The results of any testing conducted under this Act shall be sent by registered letter to either party by the other within thirty days after the results are reported from the testing laboratory."

Moved by:    Koskan
Second by:    Ham
Action:    Withdrawn.

MOTION:     AMEND SB 179

In section 5 of the previously adopted amendment (179tc), after "harvest." insert "The samples shall be taken in a manner and quantity reasonably necessary to make a determination regarding intentional patent infringement.".

Moved by:    Koskan
Second by:    Staggers
Action:    Failed by voice vote.

MOTION:     AMEND SB 179

In section 2 of the previously adopted amendment (179tc), in the first sentence after subdivision (2), delete "fourteen" and insert "seven".

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

MOTION:     DO PASS SB 179 AS AMENDED

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

Voting Yes:    Ham, Hutmacher, Koskan, Reedy, Staggers, Symens, Diedtrich (Elmer), Diedrich (Larry)

Excused:    de Hueck

MOTION:     TO AMEND TITLE OF SB 179

On page 1, line 1 of the printed bill, delete everything after " regulate " and insert "sampling procedures for verification of transgenic seed use.".

On page 1 , delete line 2 .

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

MOTION:     ADJOURN

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

Ryan Olson

____________________________

Committee Secretary

Larry Diedrich, Chair

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