92
nd Legislative Session _ 2017
Committee: House Committee on Appropriations
Wednesday, February 22, 2017
P - Present
E - Excused
A - Absent
Roll Call
P Ahlers
E Carson
P Howard
P Karr
P Peterson (Sue)
P Lake
P Bartels
P Hunhoff, Vice-Chair
P Anderson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Anderson.
MOTION: TO INVOKE RULE 7-1.5. CONSIDERATION OF MATTERS NOT POSTED.
Moved by: Hunhoff
Second by: Bartels
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Ahlers, Howard, Karr, Peterson (Sue), Lake, Bartels, Hunhoff, Anderson
Excused: Carson
HB 1186: revise certain provisions concerning the consumption of alcoholic beverages by
passengers aboard vehicles operated by carrier licensees.
Presented by: Representative Kettwig
Proponents: Representative Mickelson
Opponents: Robert Riter, South Dakota Beer Distributers Association
MOTION: AMEND HB 1186
1186fb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 35-4 be amended by adding a NEW SECTION to read:
An authorized public consumption license may be issued to an applicant operating as a
commercial quadricycle business. The license and license renewal fee shall be one hundred dollars
per year.
Section 2. That chapter 35-4 be amended by adding a NEW SECTION to read:
For the purposes of this Act, the term, commercial quadricycle, means a vehicle equipped with
a minimum of nine pairs of fully operative pedals for propulsion by means of human muscular power
exclusively. The vehicle shall:
(1) Have four wheels with a unibody design;
(2) Be equipped with a minimum of four hydraulically operated brakes;
(3) Be equipped with a minimum of ten seats for passengers;
(4) Be operated in a manner similar to a bicycle;
(5) Be used for commercial tour purposes; and
(6) Be operated by the vehicle owner or an employee of the owner.
Section 3. That chapter 35-4 be amended by adding a NEW SECTION to read:
The following qualifications are required before an authorized public consumption license may
be issued to a commercial quadricycle business for the operation of quadricycles on a public
highway:
(1) The applicant shall have a business office, which may be at a residence;
(2) The applicant shall maintain general liability insurance of at least one million dollars. No
license may be issued or renewed without written documentation of this insurance; and
(3) The applicant shall possess a permit issued by the local government that has jurisdiction
to grant rights to the applicant to operate its business on public roadways and highways
within a specific designated operational area as its premises.
Section 4. That chapter 35-4 be amended by adding a NEW SECTION to read:
The holder of an authorized public consumption license that operates as a commercial
quadricycle business:
(1) May permit any patron to bring an unopened package of malt beverages or wine onto the
licensed premise and open and consume the alcoholic beverage from a nondescriptive
plastic cup after boarding, and while riding, the quadricycle. No patron may bring any
distilled spirits onto the quadricycle;
(2) May not permit any patron to bring or possess any glass container of alcoholic beverages
on the quadricycle;
(3) May not permit any patron to bring opened package or drinks of alcoholic beverages from
a retail premise on the quadricycle;
(4) May only permit each patron to drink and consume alcoholic beverages from a
nondescriptive plastic cup while riding the quadricycle; and
(5) May not sell, permit, offer for sale, or provide or offer any samples of alcoholic
beverages.
Section 5. That chapter 35-4 be amended by adding a NEW SECTION to read:
An employee driver of a commercial quadricycle business holding a public consumption license
may not:
(1) Consume or be under the influence of alcoholic beverages or controlled substances while
driving and operating a quadricycle; and
(2) Be convicted of any criminal offense or violation related to alcoholic beverages or
controlled substances for a minimum period of two years prior to employment."
Moved by: Peterson (Sue)
Second by: Ahlers
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1186 AS AMENDED
Moved by: Peterson (Sue)
Second by: Ahlers
Action: Failed by roll call vote. (4-4-1-0)
Voting Yes: Ahlers, Howard, Peterson (Sue), Anderson
Voting No: Karr, Lake, Bartels, Hunhoff
Excused: Carson
MOTION: TO TABLE HB 1186
Moved by: Lake
Second by: Karr
Action: Prevailed by roll call vote. (5-3-1-0)
Voting Yes: Karr, Lake, Bartels, Hunhoff, Anderson
Voting No: Ahlers, Howard, Peterson (Sue)
Excused: Carson
HB 1188: accommodate legislation to promote agricultural development.
Presented by: Representative Kettwig
Proponents: Representative Mickelson
MOTION: AMEND HB 1188
1188jb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That the code be amended by adding a NEW SECTION to read:
It is in the public interest of the state that, any state agencies, departments, or offices that provide
grants and low-interest loans to support municipalities, counties, or other entities with various needs,
do so in a manner that best ensures those public funds promote the continued future development
of the state and its citizens. The state shall evaluate applications or requests for funds or assistance
under the programs listed in section 3 of this Act, and incorporate, if not forbidden by federal law
or rule, the following before making a decision to award funds or provide other assistance:
(1) The extent the county, where the assistance would be awarded or the benefits accrue, has
prioritized new economic development activities, including a formal economic
development strategy or resolution adopting targeted industries in the county, and the
consistency of the strategy or resolution with the funds or assistance requested;
(2) If the county has adopted a system of zoning, and the extent of the fit between the county's
comprehensive zoning plan and value-added agricultural development specifically,
including setbacks, voting criteria, and limitations on rural residential development; and
(3) The extent of which the assistance and the county's economic development strategy and
zoning, if applicable, promote increased utilization of agricultural commodities sourced
from within the state as an input in producing value-added agricultural products.
Section 2. That the code be amended by adding a NEW SECTION to read:
Section 1 of this Act shall apply to any applicant for funding or assistance. The considerations
of section 1 of this Act shall be given weight equal or greater to that of other factors used by an
agency, department, or office to render a decision. If requests for assistance are otherwise equally
meritorious but all cannot receive awards due to limited funds, the requests most responsive to the
considerations in section 1 of this Act shall be given preference.
Section 3. That the code be amended by adding a NEW SECTION to read:
Grants, loans, and other assistance subject to the provisions of section 1 of this Act include the
following:
(1) Department of Transportation grants and loans awarded pursuant to chapter 1-44,
including, county road and bridge funds or economic development road grants;
(2) Governor's Office of Economic Development grants and loans awarded by the Board of
Economic Development pursuant to chapter 1-16G, including, loans from the revolving
economic development and initiative fund, grants from the local infrastructure
improvement program, and grants awarded by the Governor's Office of Economic
Development under the federal community development block grant program; and
(3) Department of Agriculture grants, loans, and guaranties awarded by the Value Added
Finance Authority pursuant to chapter 1-16E or administered by the department,
including, livestock nutrient management bonds, value added agribusiness relending
program loans, and rural development agricultural loan participation.
Section 4. That the code be amended by adding a NEW SECTION to read:
The Department of Transportation, the Governor's Office of Economic Development, and the
Department of Agriculture are hereby authorized to promulgate new rules, or amend existing rules,
necessary to implement this Act. All rules first promulgated or amended under this section shall be
approved by a majority vote of both houses of the Legislature before taking effect."."
Moved by: Hunhoff
Second by: Bartels
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1188
HB 1210: provide for the sale of certain surplus real estate located in Minnehaha County and
to provide for the deposit of the proceeds.
Presented by: Mike Rush, Board of Regents
Proponents: AJ Franken, Governor's Office
Ryan Brunner, School and Public Lands
Representative Mickelson
Opponents: Patty Kuglitsch, Sioux Falls, Self
MOTION: AMEND HB 1210
1210ja
On page 1, line 4, of the printed bill, before "Governor" insert "Board of Regents and the".
On page 2, line 11, after "Governor" insert ", at the request of the Board of Regents,".
On page 2, line 16, after "contrary," insert "upon the request of the Board of Regents".
Moved by: Hunhoff
Second by: Peterson (Sue)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1210 AS AMENDED
Moved by: Hunhoff
Second by: Howard
Action: Prevailed by roll call vote. (7-1-1-0)
Voting Yes: Howard, Karr, Peterson (Sue), Lake, Bartels, Hunhoff, Anderson
Voting No: Ahlers
Excused: Carson
MOTION: REFER SB 128 TO JUDICIARY
Moved by: Hunhoff
Second by: Bartels
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Ahlers, Howard, Karr, Peterson (Sue), Lake, Bartels, Hunhoff, Anderson
Excused: Carson
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 21, 2017
Moved by: Bartels
Second by: Ahlers
Action: Prevailed by voice vote.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 16, 2017
Moved by: Ahlers
Second by: Howard
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Ahlers
Second by: Howard
Action: Prevailed by voice vote.
Mary Turner
____________________________
Committee Secretary
David L. Anderson, Chair
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