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
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 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 36
TH 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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