80th Legislative Session _ 2005

Committee: House Local Government
Thursday, January 20, 2005

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Cutler
P    Davis
P    Gassman
P    Hanks
P    Howie
P    Kroger
P    McCoy
P    Rounds
P    Sigdestad
P    Thompson
P    Tornow
P    Murschel, Vice-Chair
P    Hennies, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Vice Chair Murschel

Representative Hennies moved to correct the minutes from January 18, 2005, as House Bill 1007 was not placed on the consent calendar. Motion seconded by Representative Rounds. Motion passed.

         HB 1074: revise certain provisions relating to the maximum term of promissory notes issued to municipalities.

Presented by:    Representative Tim Rounds
Proponents:    Ed Anderson, Rural Electric Assn, SD
        Yvonne Taylor, SD Municipal League

MOTION:     DO PASS HB 1074


Moved by:    Cutler
Second by:    Kroger
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Cutler, Davis, Gassman, Hanks, Howie, Kroger, McCoy, Rounds, Sigdestad, Thompson, Tornow, Murschel, Hennies

MOTION:     PLACE HB 1074 ON CONSENT CALENDAR

Moved by:    Cutler
Second by:    McCoy
Action:    Prevailed by voice vote.

         HB 1076: permit certain public entities to establish the maximum indemnity for their officers and employees.

Presented by:    Representative Alan Hanks
Proponents:    Yvonne Taylor, SD Municipal League

MOTION:     DO PASS HB 1076

Moved by:    Rounds
Second by:    Howie
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Cutler, Davis, Gassman, Hanks, Howie, Kroger, McCoy, Rounds, Sigdestad, Thompson, Tornow, Murschel, Hennies

         HB 1038: revise certain provisions regarding the responsibility of alcohol licensees that sell alcohol to underage people.

Presented by:    Michael Kenyon, Department of Revenue and Regulation (Handout #1)
Opponents:    Jerry Wheeler, SD Retailers Assn.
        Jim Hood, SD Retailers Assn.

MOTION:     AMEND HB 1038

1038fa
     On page 2, line 1 of the printed bill, delete everything after " violation. " .

     On page 2 , delete lines 2 and 3 .

Moved by:    Rounds
Second by:    Davis
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1038

1038fb
     On page 1, line 10 of the printed bill, after " held. " insert "Any alcohol licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to ensure that its employees have attended an approved alcohol training program before gaining any reduction in the penalty imposed for the violation.".

     On page 1 , delete lines 11 to 15 , inclusive.

     Delete page 2 .

Moved by:    Tornow
Second by:    Howie
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1038 UNTIL JANUARY 25, 2005

Moved by:    Hanks
Second by:    McCoy
Action:    Prevailed by roll call vote.(9-4-0-0)

Voting Yes:    Gassman, Hanks, Howie, Kroger, McCoy, Sigdestad, Thompson, Murschel, Hennies

Voting No:    Cutler, Davis, Rounds, Tornow

MOTION:     ADJOURN

Moved by:    Howie
Second by:    Cutler
Action:    Prevailed by voice vote.


Naida Adams
____________________________

Committee Secretary
Thomas Hennies, Chair

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