81st Legislative Session _ 2006

Committee: Senate Local Government
Monday, February 13, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Adelstein
P    Broderick
P    Dempster
P    Kloucek
P    Two Bulls
P    Gray, Vice-Chair
P    Duniphan, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Duniphan, Chair

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 8, 2006

Moved by:    Kloucek
Second by:    Two Bulls
Action:    Prevailed by voice vote.

         HB 1069: prohibit the public sale of tax certificates.

Presented by:    Representative Joel Dykstra
Proponents:    Day Breitag, SD Assoc. Of County Officials
Mary Scott, Hughes County Treasurer, was present to answer questions

MOTION:     DO PASS HB 1069

Moved by:    Broderick
Second by:    Adelstein
Action:    Prevailed by roll call vote.(7-0-0-0)


Voting Yes:    Adelstein, Broderick, Dempster, Kloucek, Two Bulls, Gray, Duniphan

         HB 1155: allow local units of government to regulate the sales, distribution, marketing, promotion, and use of tobacco products.

Presented by:    Representative Jean Hunhoff
Proponents:    Jennifer Stalley, American Cancer Society
        Yvonne Taylor, SD Municipal League
        Brett Koenecke, SD Nurses Assn.; SD Dental Assn.
        David Hewett, SD Assn. Of Healthcare Organizations; SD Nurse Executives
        Charles McGuigan, Office of Attorney General
        Dale Gunderson, MD, SD State Medical Assn.
        Dean Krogman, American Heart Assn.
        Senator Dave Knudson
Opponents:    Larry Mann, Video Lottery Establishments
        Tim Dougherty, SD Retail Liquor Dealers Assn.
        Jerry Wheeler, SD Retailers Assn.
        Jeremiah Murphy, R.J. Reynolds Tobacco Company
Michael Kenyon, Dept of Revenue and Regulations, was present to answer
questions

MOTION:     AMEND HB 1155

1155tf
     On page 1, line 8 of the House engrossed bill, delete " products " .

     On page 1 , line 8, after " Legislature. " insert "However, no county may pass any ordinance that contradicts or interferes with the provisions of § § 10-50-72 to 10-50-98, inclusive; contradicts or interferes with the enforcement of chapter 10-50B; interferes with the State's enforcement of the Master Settlement Agreement as defined in § 10-50B-3; or that would result in a breach of the Master Settlement Agreement as defined in § 10-50B-3. Any ordinance passed in violation of this section is void ab initio.".

     On page 1 , line 12, delete " products " .

     On page 1 , line 13, after " Legislature. " insert "However, no municipality may pass any ordinance that contradicts or interferes with the provisions of § § 10-50-72 to 10-50-98, inclusive; contradicts or interferes with the enforcement of chapter 10-50B; interferes with the State's enforcement of the Master Settlement Agreement as defined in § 10-50B-3; or that would result in a breach of the Master Settlement Agreement as defined in § 10-50B-3. Any ordinance passed in violation of this section is void ab initio.".


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

MOTION:     DO PASS HB 1155 AS AMENDED

Moved by:    Dempster
Second by:    Adelstein
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1155 TO THE 36TH LEGISLATIVE DAY

Moved by:    Broderick
Second by:    Two Bulls
Action:    Was not acted on.

The Chair deferred HB 1155 until February 15, 2006.

MOTION:     ADJOURN

Moved by:    Broderick
Second by:    Kloucek
Action:    Prevailed by voice vote.

Carolyn Riter

____________________________

Committee Secretary
J.P. Duniphan, Chair


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