House Commerce Minutes 2/4/2008 10:00 AM

2008 Legislative Session _ 2008

Committee: House Commerce

Monday, February 04, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Ahlers
P    Boomgarden
P    Dreyer
P    Engels
P    Hunt
E    Juhnke
P    Noem
P    Novstrup (David)
P    Nygaard
P    Pederson (Gordon)
P    Street
P    Willadsen, Vice-Chair
P    Rounds, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Tim Rounds, Chair.

MOTION:     TO APPROVE THE MINUTES OF JANUARY 30, 2008

Moved by:    Pederson (Gordon)
Second by:    Ahlers
Action:    Prevailed by voice vote.

         HB 1177: create the beverage container recycling and redemption program.

TESTIMONY PREVIOUSLY HEARD ON JANUARY 28, 2008.

Proponents: Angela Ehlers, SD Assoc. Of Conservation Districts

MOTION:     TO TABLE HB 1177

Moved by:    Street
Second by:    Pederson (Gordon)
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Ahlers, Boomgarden, Dreyer, Engels, Hunt, Noem, Novstrup (David), Nygaard, Pederson (Gordon), Street, Willadsen, Rounds

Excused:    Juhnke

         HB 1321: revise certain provisions concerning alcoholic beverage licenses authorized for certain municipal facilities.

TESTIMONY PREVIOUSLY HEARD ON JANUARY 28, 2008

Proponents:    Yvonne Taylor, SD Municipal League
        Representative Brian Dreyer

MOTION:     DO PASS HB 1321

Moved by:    Nygaard
Second by:    Pederson (Gordon)
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Ahlers, Boomgarden, Dreyer, Engels, Hunt, Noem, Novstrup (David), Nygaard, Pederson (Gordon), Street, Willadsen, Rounds

Excused:    Juhnke

MOTION:     PLACE HB 1321 ON CONSENT CALENDAR

Moved by:    Willadsen
Second by:    Pederson (Gordon)
Action:    Prevailed by voice vote.

         HB 1142: authorize additional off-sale retail liquor licenses in certain municipalities.

TESTIMONY PREVIOUSLY HEARD ON JANUARY 28, 2008.

Proponents: Larry Nelson, Hy-Vee, Inc.
Opponents: Greg Stahl, Sioux Falls, SD

        Tim Dougherty, Licensed Beverage Dealers of SD

MOTION:     DO PASS HB 1142 AS AMENDED

Moved by:    Willadsen
Second by:    Pederson (Gordon)
Action:    Failed by roll call vote. (5-6-2-0)

Voting Yes:    Dreyer, Novstrup (David), Pederson (Gordon), Street, Willadsen

Voting No:    Ahlers, Boomgarden, Engels, Hunt, Noem, Rounds

Excused:    Juhnke, Nygaard

MOTION:     DEFER HB 1142 UNTIL FEBRUARY 6, 2008

Moved by:    Dreyer
Second by:    Novstrup (David)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1142 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Boomgarden
Second by:    Noem
Action:    Failed by roll call vote. (6-6-1-0)

Voting Yes:    Ahlers, Boomgarden, Engels, Hunt, Noem, Rounds

Voting No:    Dreyer, Novstrup (David), Nygaard, Pederson (Gordon), Street, Willadsen

Excused:    Juhnke

MOTION:     DEFER HB 1142 UNTIL WEDNESDAY, FEBRUARY 6, 2008

Moved by:    Dreyer
Second by:    Novstrup (David)
Action:    Prevailed by voice vote.

GAVEL PASSED TO VICE CHAIR WILLADSEN.

HB 1210: prohibit recyclers, scrap metal dealers, or scrap yard operators from purchasing certain beer kegs.

Presented by:    Representative Tim Rounds
Proponents:    Tim Dougherty, Anhauser-Busch
        Ron Olinger, Miller Brewing
        Nancee Johnson, SD Beer Wholesalers Assn.

MOTION:     AMEND HB 1210

On page 1, line 5, of the printed bill, delete "or identifiable pieces thereof,".

Moved by:    Pederson (Gordon)
Second by:    Noem
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1210 AS AMENDED

Moved by:    Dreyer
Second by:    Pederson (Gordon)
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Ahlers, Boomgarden, Dreyer, Engels, Hunt, Noem, Novstrup (David), Pederson (Gordon), Street, Willadsen, Rounds

Excused:    Juhnke, Nygaard

MOTION:     PLACE HB 1210 ON CONSENT CALENDAR

Moved by:    Dreyer
Second by:    Pederson (Gordon)
Action:    Failed by voice vote.

         HB 1265: prohibit the sale, purchase, use, or possession of alcohol without liquid devices.

Presented by:    Representative Al Koistinen (Handout #1, #2 & #3)
Proponents:    Tim Dougherty, Licensed Beverage Dealers of SD

MOTION:     DO PASS HB 1265

Moved by:    Engels
Second by:    Dreyer
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Ahlers, Boomgarden, Dreyer, Engels, Hunt, Noem, Novstrup (David), Pederson (Gordon), Street, Willadsen, Rounds

Excused:    Juhnke, Nygaard

GAVEL PASSED TO CHAIR ROUNDS.

         HB 1297: provide a maximum finance charge for short-term consumer loans and title loans.

Presented by:    Representative Joni Cutler (Handout # 4, 5, 6 & 7) (Handout #13 & #14)
Proponents:    Caitlin Collier, SDANW
        Ann Van Loan, Western Resources for dis-Abled Independence
        Sam Wilson, AARP (Handout #8)
        Betty Oldenkamp, Lutheran Social Services
        Dan Cumbee, Dakotaland Federal Credit Union
        Ryan Brunner, SD Student Federation
        Eric Hanson, Brookings, SD
Opponents:    Brett Koenecke, Commercial Financial Services Assoc. Handout #9 & #10)
        Harry Christianson, North American Title Loans
        Roger Novotny, Division of Banking
        Michael DeMersseman, Dollar Loan (Handout #11 & #12)

GAVEL PASSED TO VICE CHAIR WILLADSEN.

        Rexford Hagg, Short Term Lending Assn.

GAVEL PASSED TO CHAIR ROUNDS.

        Dave Gerdes, Consumer Lending Alliance
        Charles H. Walker, Pierre, SD

MOTION:     DEFER HB 1297 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Pederson (Gordon)
Second by:    Hunt
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1297

Moved by:    Engels
Second by:    Street
Action:    Failed by roll call vote. (2-10-1-0)

Voting Yes:    Engels, Novstrup (David)

Voting No:    Ahlers, Boomgarden, Dreyer, Hunt, Noem, Nygaard, Pederson (Gordon), Street, Willadsen, Rounds

Excused:    Juhnke

MOTION:     DEFER HB 1297 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Pederson (Gordon)
Second by:    Hunt
Action:    Prevailed by roll call vote. (10-2-1-0)

Voting Yes:    Ahlers, Boomgarden, Dreyer, Hunt, Noem, Nygaard, Pederson (Gordon), Street, Willadsen, Rounds

Voting No:    Engels, Novstrup (David)

Excused:    Juhnke

MOTION:     ADJOURN

Moved by:    Pederson (Gordon)
Second by:    Hunt
Action:    Prevailed by voice vote.

Carolyn Jorgensen

____________________________

Committee Secretary

Tim Rounds, Chair

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