92nd Legislative Session _ 2017

Committee: 172 A 3/9/2017 9:00:00 AM
Thursday, March 09, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Cammack, Chair
P    Cronin
P    Frerichs
P    Qualm, Vice-Chair
P    Hawley
P    Wiese

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Gary Cammack, Chair.

    SB 172: authorize the South Dakota Building Authority to provide for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory and infrastructure at South Dakota State University, to transfer certain funds, to make an appropriation, and to declare an emergency.

Presented by:    Nathan Sanderson, Governor's Office

MOTION:    AMEND SB 172

172fj

    On page 3, between lines 2 and 3 of the House engrossed bill, insert:

"    Section 7. That chapter 13-13 be amended by adding a NEW SECTION to read:

    The state general fund savings obtained through the state aid to education formula from the difference between the school general fund levy for agriculture property for taxes payable in 2018 pursuant to §§ 13-13-71, 13-13-72, and 13-13-72.1 and the agriculture property levy adopted by legislative action for taxes payable in 2018, shall be directed to the state animal disease research and

diagnostic laboratory bond redemption and operations fund. Pursuant to this section, the savings amount dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund in fiscal year 2018 shall be one million six hundred fifteen thousand dollars. In fiscal year 2019 and each year thereafter, the savings amount dedicated from the general fund to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be three million three hundred fifty thousand dollars.

    Section 8. Section 7 of this Act is repealed on the first day of the fiscal year following a determination by the Animal Industry Board that bonds issued for the State Animal Disease Research and Diagnostic Laboratory are satisfied and paid in full.

    Section 9. That § 39-14-43 be amended to read:

    39-14-43. An inspection fee established in rules promulgated by the secretary of agriculture pursuant to chapter 1-26, but not to exceed twenty-four cents per ton, shall be paid on commercial feeds distributed in this state by the person who distributes the commercial feed to the consumer subject to the following:

            (1)    No fee need be paid on a commercial feed if the payment has been made by a previous distributor;
            (2)    No fee need be paid on customer-formula feeds;
            (3)    No fee need be paid on commercial feeds used as ingredients for the manufacture of commercial feeds provided the fee has been paid by a previous distributor. If the fee has been paid, credit is given for the payment;
            (4)    In the case of a pet food which is distributed in the state only in packages of ten pounds or less, a biennial an annual fee of fifty ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above;
            (5)    In the case of a specialty pet food which is distributed in the state only in packages of ten pounds or less, a biennial an annual fee of twenty-five ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above; and
            (6)    The minimum inspection fee shall be twenty dollars per twelve-month period.

    Section 10. That the code be amended by adding a NEW SECTION to read:

    An amount equal to seventy-four dollars per product on pet food and eighty-six dollars and fifty cents per product on specialty pet food, as provided in § 39-14-43, shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund established by section 6 of this Act. The money shall be transferred to the general fund coinciding with the general fund bond payments for the State Animal Disease Research and Diagnostic Laboratory, as well as annual maintenance, operations, and repair of the State Animal Disease Research and Diagnostic Laboratory.

    Section 11. That § 39-14-45 be amended to read:

    39-14-45. Fees Any fee collected pursuant to §§ 39-14-40.1, 39-14-43, and 39-14-44 that is not dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be remitted at the end of each month to the state treasurer for deposit in the feed and remedy fund which is hereby established in the state treasury. This The feed and remedy fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The feed and remedy fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the feed and remedy program. Expenditures from the feed and remedy fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the feed and remedy fund until appropriated by the Legislature.

    Section 12. That § 39-18-3 be amended to read:

    39-18-3. Before being distributed in South Dakota, each animal remedy, except any animal remedy that is manufactured and distributed under license from and under the supervision of the United States Department of Agriculture, shall be registered by the manufacturer or the person responsible for distributing such the animal remedy.

    Section 13. That § 39-18-8 be amended to read:

    39-18-8. Upon approval by the secretary of agriculture, a copy of the registration of an animal remedy shall be forwarded to the applicant. All registrations are on a biennial an annual basis, expiring the thirty-first day of December of the year after the date of registration. A biennial An annual registration fee of twenty-five seventy-five dollars for each product shall be paid to the secretary upon application for registration.

    Section 14. That § 39-18-9 be amended to read:

    39-18-9. All funds collected by the secretary of agriculture under this chapter of the registration fee paid pursuant to § 39-18-8 on any animal remedy manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund and used to retire bonds issued for the State Animal Disease Research and Diagnostic Laboratory.

    Twelve dollars and fifty cents of the animal remedy registration fee paid pursuant to § 39-18-8 on any animal remedy not manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be paid into the feed and remedy fund established in § 39-14-45. The remaining sixty-two dollars and fifty cents of this registration fee shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund.

    Section 15. Sections 9 to 14, inclusive, are effective on July 1, 2017.".


Moved by:    Cronin
Second by:    Qualm
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Cammack, Cronin, Frerichs, Qualm, Hawley, Wiese

MOTION:    AMEND TITLE OF SB 172

172ftd

    On page 1, line 3, of the House engrossed bill, after "University," insert "to increase certain agricultural fees,".


Moved by:    Qualm
Second by:    Frerichs
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Cammack, Cronin, Frerichs, Qualm, Hawley, Wiese

MOTION:    ADJOURN

Moved by:    Cronin
Second by:    Qualm
Action:    Prevailed by voice vote.

Glenda

____________________________

Committee Secretary
Gary L. Cammack, Chair


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