80th Legislative Session _ 2005

Committee: House Local Government
Thursday, January 27, 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 Representative Hennies, Chair

MOTION:     TO APPROVE THE MINUTES OF JANUARY 25, 2005

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

         HB 1102: increase the statutorily authorized maximum payment or indemnity for governmental officers and employees.

MOTION:     TO TABLE HB 1102

Moved by:    McCoy
Second by:    Davis
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

         SB 7: revise the notice requirements for road district elections.

Presented by:    Chris Nelson, Secretary of State

MOTION:     DO PASS SB 7

Moved by:    Rounds
Second by:    Gassman
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 SB 7 ON CONSENT CALENDAR

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

         SB 8: revise certain provisions concerning voter tabulation systems.

Presented by:    Chris Nelson, Secretary of State

MOTION:     DO PASS SB 8

Moved by:    Rounds
Second by:    McCoy
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 SB 8 ON CONSENT CALENDAR

Moved by:    Rounds
Second by:    Gassman
Action:    Prevailed by voice vote.

         HB 1107: repeal certain voting procedural challenges that may be made during municipal elections.

Presented by:    Representative Cooper Garnos
Proponents:    Linda Nelson, Self
Opponents:    Jim Hood, SD Municipal League

MOTION:     DEFER HB 1107 TO THE 41ST LEGISLATIVE DAY

Moved by:    McCoy
Second by:    Tornow
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:    Jack Magee, Department of Revenue and Regulation
Proponents:    Jim Hood, SD Retailers Assn. (Proponent to 1038fe)

MOTION:     AMEND HB 1038

1038fe
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 35-2-10.1 be amended to read as follows:

     35-2-10.1.   No retail license may be revoked or suspended because of a violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years if the violation was committed by an employee or agent of the licensee and the licensee has not had more than two violations of any statute, ordinance, rule, or regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of twenty-one years on the premises where the violation occurred in the previous twenty-four months.

     If the licensee meets the requirements of the conditions provided by this section, the secretary shall impose a civil penalty of five hundred dollars for a first violation and one thousand dollars for a second violation. However, if the employee or agent has not been certified by a nationally recognized training program approved by the Department of Revenue and Regulation that provides instruction on techniques to prevent persons under the age of twenty-one years from purchasing or consuming alcoholic beverages, the secretary shall impose a civil penalty of one thousand dollars for a first violation and two thousand dollars for a second violation.

     A licensee may allow its employee or agent to sell or provide alcohol even though the employee or agent has not been certified by a nationally recognized training program. However, if an employee or agent who has not been certified violates any statute, ordinance, rule, or regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of twenty-one years, it is irrelevant in the application of this section whether a nationally recognized training program was available to the employee or agent prior to the violation.

     A licensee may request an administrative hearing pursuant to chapter 1-26 to contest the imposition of a civil penalty.

     Section 2. That chapter 32-2 be amended by adding thereto a NEW SECTION to read as follows:

     The department shall publish annually on or before June thirtieth, and update as necessary, a directory which lists the nationally recognized training programs approved pursuant to §  35-2-10.1. The directory shall be mailed annually to each licensee and be made available on the department's website.".

Moved by:    Howie
Second by:    McCoy
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1038

1038fd
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 35-2 be amended by adding thereto a NEW SECTION to read as follows:

     The department shall, on or before the first of July of each year, develop and publish on its public internet website, a directory listing all nationally recognized training programs which have been approved by the department. The department shall annually notify each licensee in writing and by posting on the department's internet website the time and place when any approved nationally recognized training program is being offered in the state. 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 show that its employees have attended an approved alcohol training program to be eligible for any reduction in the penalty imposed for the violation."

Moved by:    Sigdestad
Second by:    Tornow
Action:    Failed by roll call vote.(4-9-0-0)

Voting Yes:    Gassman, Sigdestad, Tornow, Hennies

Voting No:    Cutler, Davis, Hanks, Howie, Kroger, McCoy, Rounds, Thompson, Murschel

MOTION:     SUBSTITUTE MOTION DEFER HB 1038 UNTIL TUESDAY, FEBRUARY 1, 2005

Moved by:    Murschel
Second by:    Rounds
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

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

Naida Adams

____________________________

Committee Secretary
Thomas Hennies, Chair

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