78th Legislative Session _ 2003

Committee: Senate Agriculture and Natural Resources
Thursday, February 06, 2003

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    de Hueck
P    Dempster
P    Kloucek
P    Kooistra
P    Koskan
P    LaPointe
P    Symens
P    Duenwald, Vice-Chair
P    Diedrich (Larry), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Sen Larry Diedrich, Chair

MOTION:     TO APPROVE THE MINUTES OF THE PREVIOUS MEETING

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

         SB 145: revise certain Central Plains Water Development District boundaries.

Presented By:    Senator Duane Sutton
Proponents:    Darrell Raschke, James River Water Development Dist.
        Representative Dale Hargens
        Steve Pirner, Sec of DENR

MOTION:     AMEND SB 145

145oa
     On page 1 of the printed bill, delete lines 6 to 15 , inclusive, and insert:

"Plains Water Development District includes all of Hand County; Franklin, Union, Banner, Spring Lake, Illinois, Eden, Valley, Douglas, Washington, Loomis, Lincoln, William Hamilton, Holabird, Highmore, and Bramhall townships in Hyde County; Peoria, Mentor, Bryon, Logan, Blunt, Bretton, Harrold, Buckeye, Dry Run, and Canning townships in Hughes County; Lake and Elk townships in Sully County; Enterprise, Freedom, Emerson, Fairview, Saratoga, Pulaski, Myron, Devoe, Wesley, Bryant, Tamworth, Lafoon, Centerville, Pioneer, Orient, Arcade, Hillsdale, and Zell townships in Faulk County; Exline, Redfield, Lodi, Frankfort, Lake, Tulare, Crandon, Lincoln, Buffalo, Garfield, Belmont, and Cornwall townships in Spink County; Nance, Bonilla, Altoona, Pleasant View, Whiteside, Allen, Broadland, Fairfield, Iowa, Wessington, Wolsey, Hartland, Theresa, Valley, Sand Creek, Vernon, Dearborn, Clyde, Custer, Burr Oak, ".

     On page 2 , line 1, after " County; " insert " Faulk, Hand, Hughes, Hyde, Potter, and Sully counties ".

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

MOTION:     DO PASS SB 145 AS AMENDED

Moved by:    Symens
Second by:    Duenwald
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    de Hueck, Dempster, Kloucek, Kooistra, Koskan, LaPointe, Symens, Duenwald, Diedrich (Larry)

MOTION:     PLACE SB 145 ON CONSENT CALENDAR

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

         SB 199: revise the powers and composition of the South Dakota State Fair Commission within the Department of Agriculture.

Presented By:    Senator Robert Duxbury
Proponents:    Bob Weber, self, Clear Lake
        Larry Gabriel, Secretary, Department of Agriculture

MOTION:     DO PASS SB 199


Moved by:    Symens
Second by:    de Hueck
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    de Hueck, Dempster, Kloucek, Kooistra, Koskan, LaPointe, Symens, Duenwald, Diedrich (Larry)

         SB 190: revise certain provisions related to the licensing and operation of sand, gravel, and construction aggregate mining facilities.

Presented By:    Senator H. Paul Dennert
Proponents:    Paul Meyer, Aberdeen, Ordway Township
Opponents:    Jim Keyes, AGC of SD

MOTION:     AMEND SB 190

190ta
     On page 3, after line 20 of the printed bill, insert:

"
     Section 3. That § 45-6-71 be amended to read as follows:

     45-6-71.   Prior to the commencement of mining, an operator shall submit to the Board of Minerals and Environment a surety in the amount of five hundred dollars per acre of affected land. For any facility that obtains a license or expands after June 30, 2003, the surety is two thousand dollars per acre of affected land. In lieu of filing a surety for each operation licensed before July 1, 2003 , the operator may post a twenty thousand dollar surety for statewide mining of sand, gravel, or rock to be crushed and used in construction. If a corporate surety bond is required, the bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. In lieu of the required surety, the operator may deposit cash or a certificate of deposit made payable to the individual and to the board or government securities with the board in an amount equal to that of the required surety. The surety shall remain in effect until the affected land has been reclaimed, the reclamation is approved by the board and the surety is released by the board. ".


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

MOTION:     DEFER SB 190 UNTIL TUESDAY, FEBRUARY 11, 2003

Moved by:    Dempster
Second by:    Symens


Action:    Prevailed by voice vote.

         SB 204: provide for the protection of certain agricultural contractors.

Presented By:    Senator Frank Kloucek
Opponents:    Larry Gabriel, Secretary, Department of Agriculture
        L. Gail Sheppick, Dept. Of Commerce
        Michael Held, SD Farm Bureau
        Brenda Forman, SD Assn. Of Cooperatives

MOTION:     DEFER SB 204 TO THE 41ST LEGISLATIVE DAY

Moved by:    Koskan
Second by:    Dempster
Action:    Prevailed by roll call vote.(5-2-2-0)

Voting Yes:    Dempster, Kooistra, Koskan, LaPointe, Diedrich (Larry)

Voting No:    Kloucek, Symens

Excused:    de Hueck, Duenwald

The Chair deferred SB 195 until another day.

The Chair deferred SB 201 until another day.

MOTION:     ADJOURN

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

Lynn Lutter

____________________________

Committee Secretary
Larry Diedrich, Chair


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