77th Legislative Session _ 2002

Committee: Senate Agriculture and Natural Resources
Tuesday, February 12, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    de Hueck
P    Ham
E    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:    Symens
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:    Senator Koskan
Opponents:    Dick Huff, Dakota Southern Railway

MOTION:     AMEND HB 1127

1127te
     On the House Agriculture and Natural Resources Committee engrossed bill, delete everything

after the enacting clause and insert:

"      Section  1.  That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

     This Act applies only to persons who are otherwise legally entitled to hunt within a state-owned railroad right-of-way. No such person may use any portion of a state-owned railroad right-of-way for the purposes of hunting as defined in this title within six hundred sixty feet of an occupied dwelling, a church, schoolhouse, or livestock. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm from within a state-owned railroad right-of-way and 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:    Koskan
Second by:    Ham
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1127 AS AMENDED

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

 MOTION:     TO TABLE HB 1127

Moved by:    Diedtrich (Elmer)
Second by:    Ham
Action:    Prevailed by roll call vote.(6-2-1-0)

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

Voting No:    de Hueck, Koskan

Excused:    Hutmacher

    ** The gavel was moved to Vice Chair Elmer Dietrich.

         HB 1254: revise certain provisions related to livestock auction agencies and livestock dealers and to establish a penalty.

Presented By:    Representative Fryslie

Proponents:    Sam Holland, SD Animal Industry Board
         Jerry Vogler, SD Livestock Auction Markets Association
         Mark Hollenbeck, SD Stock Growers Association
         Mary Duvall, SD Farm Bureau

MOTION:     DO PASS HB 1254

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

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

Excused:    Hutmacher

MOTION:     PLACE HB 1254 ON CONSENT CALENDAR

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

    ** The gavel was moved back to Chair Larry Diedrich.

MOTION:     ADJOURN

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

Ryan Olson

____________________________

Committee Secretary
Larry Diedrich, Chair

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