90
th Legislative Session _ 2015
Committee: Senate Commerce and Energy
Thursday, February 05, 2015
P - Present
E - Excused
A - Absent
Roll Call
P Bradford
P Haggar (Jenna)
P Lederman
P Novstrup (David)
P Sutton
P Greenfield (Brock), Vice-Chair
P Curd, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Blake Curd, Chair.
MOTION: TO APPROVE THE MINUTES OF 2/3/15
Moved by: Greenfield (Brock)
Second by: Lederman
Action: Prevailed by voice vote.
THE CHAIR DEFERRED SB 138 UNTIL 2/10/15
THE CHAIR DEFERRED SB 165 UNTIL 2/17/15
SB 118: provide additional transparency for prescription drug plans.
Presented by: Senator Bruce Rampelberg (Handout: 1)
Proponents: Dennis Duncan, Pharmaceutical Research And Manufacturers Of America
Mike Shaw, Pfizer Inc.
MOTION: AMEND SB 118
118rb
On page 2, line 15, of the printed bill, after "an" insert "easily accessible".
On page 2, line 16, after "providers" insert "and facilities".
On page 2, line 19, after "providers" insert "and facilities".
On page 2, line 20, overstrike "and".
On page 3, line 1, delete everything after "the formulary" and insert "
and a description of an
easily accessible method to obtain a prior authorization or step edit requirement for each specific
drug included on the formulary; and
(7) The description of the drug formularies in subdivision (6) shall be promptly updated with
any adverse change.
The provisions of this section do not apply to plans that are not actively marketed by a carrier.
Section 2. This Act is effective January 1, 2016.".
On page 3, delete lines 2 to 23, inclusive.
Moved by: Greenfield (Brock)
Second by: Lederman
Action: Prevailed by voice vote.
MOTION: DO PASS SB 118 AS AMENDED
Moved by: Greenfield (Brock)
Second by: Sutton
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Haggar (Jenna), Lederman, Novstrup (David), Sutton, Greenfield (Brock),
Curd
SB 120: revise certain provisions regarding special alcoholic beverage licenses issued in
conjunction with special events.
Presented by: Senator Larry Tidemann (Handouts: 2, 3 )
Proponents: Tim Reed, Mayor of Brookings
MOTION: AMEND SB 120
120ra
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 35-4-124 be amended to read as follows:
35-4-124. Any municipality or county may issue:
(1) A special malt beverage retailers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (16) in
addition to any other licenses held by the special events license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (12) or
chapter 35-12 in addition to any other licenses held by the special events license
applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization or any
licensee licensed pursuant to subdivision 35-4-2(4) or (6) in addition to any other licenses
held by the special events license applicant; or
(4) A special off-sale package wine dealers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A),
or (19) or chapter 35-12 in addition to any other licenses held by the special events license
applicant. A special off-sale package wine dealers licensee may only sell wine
manufactured by a farm winery that is licensed pursuant to chapter 35-12;
(5) A special off-sale package wine dealers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), or (17A)
in addition to any other license held by the special events license applicant; or
(6) A special off-sale package malt beverage dealers license in conjunction with a special
event within the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (16),
(17), (17A), or (20) in addition to any other license held by the special events license
applicant.
Any license issued pursuant to this section may be issued for a period of time established by the
municipality or county. However, no period of time may exceed fifteen consecutive days. No public
hearing is required for the issuance of a license pursuant to this section if the person applying for the
license holds an on-sale alcoholic beverage license or a retail malt beverage license in the
municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage
license, and the license is to be used in a publicly-owned facility. The local governing body shall
establish rules to regulate and restrict the operation of the special license, including rules limiting
the number of licenses that may be issued to any person within any calendar year.
Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
A civic, charitable, educational, fraternal, or veterans organization holding a special events
license pursuant to subdivision 35-4-124(5) may accept donated wine from members of the public
to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization
holding a special events license pursuant to subdivision 35-4-124(6) may accept donated malt
beverages from members of the public to be sold at the special event.
Any donated wine or malt beverage must have been purchased from a licensed South Dakota
retailer by the donor. A complete record of the proof of the purchase of the donated wine or malt
beverage from a licensed South Dakota retailer must accompany the wine or malt beverage at the
time of donation, and the holder of the special events license pursuant to subdivision 35-4-124(5)
or (6) shall maintain a complete record of the proof of the purchase of the donated wine or malt
beverage."
Moved by: Greenfield (Brock)
Second by: Sutton
Action: Prevailed by voice vote.
MOTION: AMEND SB 120
120fa
On page 3, after line 1 of the printed bill, insert:
" Section 2. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.".
Moved by: Greenfield (Brock)
Second by: Lederman
Action: Prevailed by voice vote.
MOTION: DO PASS SB 120 AS AMENDED
Moved by: Greenfield (Brock)
Second by: Sutton
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Haggar (Jenna), Lederman, Novstrup (David), Sutton, Greenfield (Brock),
Curd
MOTION: AMEND TITLE OF SB 120
120fta
On page 1, line 2, of the printed bill, after "events" insert "and to declare an emergency".
Moved by: Greenfield (Brock)
Second by: Haggar (Jenna)
Action: Prevailed by voice vote.
SB 155: establish a voluntary list of disassociated persons for exclusion or removal from
licensed gaming institutions.
Presented by: Senator Angie Buhl O'Donnell (Handouts: 4, 5)
Proponents: Dale Bartscher, Family Heritage Alliance Action
Cindy Flakoll, Concerned Women of America Legislative Action Committee
MOTION: AMEND SB 155
155ra
On page 1, line 7, of the printed bill, delete "disassociated".
On page 1, line 8, after "establishment" insert "in Deadwood".
On page 1, line 9, delete everything after "shall" and insert "post on its website information
designed to inform the public of the list of excluded".
On page 1, delete line 10.
On page 1, line 14, delete "disassociated" and insert "excluded".
On page 2, line 6, delete "the state" and insert "Deadwood".
On page 2, line 7, delete "disassociated" and insert "excluded".
On page 2, line 9, delete "disassociated" and insert "excluded".
On page 2, line 10, delete everything after "in" and insert "Deadwood. Any person who has been
placed on the list of excluded persons who enters a gaming establishment in Deadwood after
submitting the notarized form as required pursuant to this section is guilty of a Class 2
misdemeanor.".
On page 2, delete lines 11 and 12.
On page 2, line 15, delete "disassociated" and insert "excluded".
On page 2, line 23, delete "disassociated" and insert "excluded".
On page 2, line 24, delete "confidential and".
On page 3, line 1, delete "the state" and insert "Deadwood".
On page 3, line 2, delete "the state" and insert "Deadwood".
On page 3, line 6, delete "disassociated" and insert "excluded".
On page 3, line 10, delete "the state may extend credit," and insert "Deadwood may".
On page 3, line 11, after "coupons," insert "directly".
On page 3, line 12, delete "disassociated" and insert "excluded".
Moved by: Sutton
Second by: Bradford
Action: Prevailed by voice vote.
MOTION: DO PASS SB 155 AS AMENDED
Moved by: Sutton
Second by: Bradford
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 155 TO THE 41
ST LEGISLATIVE DAY
Moved by: Greenfield (Brock)
Second by: Lederman
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Lederman, Novstrup (David), Greenfield (Brock), Curd
Voting No: Bradford, Haggar (Jenna), Sutton
SB 156: require a minimum amount of paid sick leave for employees.
Presented by: Senator Angie Buhl O'Donnell
Proponents: Representative Kevin Killer
Mark Anderson, South Dakota State Federation Of Labor Afl-Cio
Opponents: Shawn Lyons, SD Retailers Association
David Owen, South Dakota Chamber Of Commerce & Industry
Justin Smith, Sioux Falls Area Chamber Of Commerce
Michael Boyle, self
Lindsey Riter-Rapp, National Federation of Independent Business
Brenda Forman, South Dakota Association of Cooperatives
Colin Keeler, Bureau of Finance & Manaement
Amber Mulder, Department of Labor and Regulations
Michele Brich, South Dakota Hotel & Lodging Association
Julie Johnson, SD Society Of Human Resource Managers
Killy Kinsman, Rapid City Chamber of Commerce
Deb Mortenson, Associated General Contractors of SD
MOTION: AMEND SB 156
156ra
On page 1, line 9, of the printed bill, delete everything after "." .
On page 1, delete lines 10 to 15, inclusive.
On page 2, delete lines 1 and 2.
Moved by: Greenfield (Brock)
Second by: Haggar (Jenna)
Action: Prevailed by voice vote.
MOTION: DEFER SB 156 TO THE 41
ST LEGISLATIVE DAY
Moved by: Greenfield (Brock)
Second by: Novstrup (David)
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Haggar (Jenna), Lederman, Novstrup (David), Sutton, Greenfield (Brock),
Curd
MOTION: ADJOURN
Moved by: Greenfield (Brock)
Second by: Haggar (Jenna)
Action: Prevailed by voice vote.
Anna Wempe
____________________________
Committee Secretary
R. Blake Curd, Chair
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