94
th Legislative Session _ 2019
Committee: House Commerce and Energy
Wednesday, February 20, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Beal
P Johnson (Chris)
E Lake
P McCleerey
P Milstead
P Miskimins
P Perry
P Sullivan
P Weis
P Willadsen
P Zikmund
P Gosch, Vice-Chair
P Rounds, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Rounds.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 13, 2019
Moved by: Miskimins
Second by: Gosch
Action: Prevailed by voice vote.
MOTION: REMOVE HB 1090 FROM THE TABLE
Moved by: Johnson (Chris)
Second by: Zikmund
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Beal, Johnson (Chris), McCleerey, Milstead, Miskimins, Perry, Sullivan, Weis, Zikmund,
Gosch, Rounds
Voting No: Willadsen
Excused: Lake
MOTION: AMEND HB 1090
1090wa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 50-7-2.2 be repealed.
50-7-2.2. This state or any governmental agency of this state having any powers with respect to
planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining, equipping,
operating, regulating, or protecting airports or aviation facilities within this state, may exercise those
powers within any state or jurisdiction adjoining this state, subject to the laws of that state or jurisdiction.
Section 2. That § 50-7-2.3 be repealed.
50-7-2.3. Any state adjoining this state or any governmental agency thereof may plan, establish,
acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and
airport facilities within this state, subject to the laws of this state applicable to airports and airport
facilities. The adjoining state or governmental agency shall have the power of eminent domain in this
state, which shall be exercised in the manner provided by the laws of this state governing condemnation
proceedings. The power of eminent domain may not be exercised unless the adjoining state authorizes
the exercise of that power therein by this state or any governmental agency thereof having any of the
powers mentioned in this section and § 50-7-2.2. "
Moved by: Johnson (Chris)
Second by: Perry
Action: Prevailed by voice vote.
HB 1210: authorize the direct shipment of wine by wine clubs.
Presented by: Representative Herman Otten
Opponents: Matt Krogman, SD Licensed Beverage Dealer and Gaming Association
Jeremiah M Murphy, Republic National Distributing
Jason Evans, Department of Revenue
Matt Walz, South Dakota Alcohol Policy Alliance, Sioux Falls
MOTION: AMEND HB 1210
1210ya
On page 1, between lines 9 and 10 of the printed bill, insert "
(4) "Organization," any organization exempt from taxation under section 501(c)(3) or 501(c)(4)
of the Internal Revenue Code;".
On page 1, line 10, overstrike "(4)" and insert "(5)".
On page 1, line 12, overstrike "(5)" and insert "(6)".
On page 1, line 13, overstrike "(6)" and insert "(7)" and delete "customers" and insert "members".
On page 1, line 15, delete "(7)" and insert "(8)".
On page 2, line 16, delete "consumer" and insert "member".
Moved by: Milstead
Second by: Gosch
Action: Prevailed by voice vote.
MOTION: DEFER HB 1210 TO THE 41
ST LEGISLATIVE DAY
Moved by: Willadsen
Second by: Milstead
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Beal, Johnson (Chris), McCleerey, Milstead, Miskimins, Perry, Willadsen, Zikmund,
Rounds
Voting No: Sullivan, Weis, Gosch
Excused: Lake
HB 1233: reduce the percentage of a winery's annual production that may be bulk wine.
Presented by: Representative Julie Frye-Mueller
Proponents: Matt Keck, Prarie Berry Winery, Hill City, Self
Ron Stroh, Stroh Meadow Springs, Custer
Opponents: Roger Tellinghuisen, Firehouse Wine Cellars
Bob Fuchs, Firehouse Winery
MOTION: AMEND HB 1233
1233ba
On page 1 of the printed bill, delete lines 11 to 13, inclusive, and insert:
" Section 2. That § 35-16-9 be repealed.
35-16-9. Any license issued pursuant to this chapter is effective from July 1, 2018, until July 1, 2019,
and may not be renewed. ".
Moved by: Weis
Second by: Perry
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1233
Moved by: Gosch
Second by: McCleerey
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HB 1233 TO THE 41
ST LEGISLATIVE DAY
Moved by: Milstead
Second by: Beal
Action: Prevailed by roll call vote. (7-5-1-0)
Voting Yes: Beal, Johnson (Chris), Milstead, Perry, Willadsen, Zikmund, Rounds
Voting No: McCleerey, Miskimins, Sullivan, Weis, Gosch
Excused: Lake
HB 1158: revise provisions regarding off-sale delivery licenses for the delivery of alcoholic
beverages.
Presented by: Representative Tim Rounds
Proponents: Larry A. Nelson, Hy-Vee, Inc.
David Owen, South Dakota Chamber of Commerce & Industry
Opponents: Matt Krogman, SD Licensed Beverage Dealer and Gaming Association
Jason Evans, Department of Revenue
Matt Walz, South Dakota Alcohol Policy Alliance, Sioux Falls (Handout(s): No. 1, No.
2, No. 3)
MOTION: DO PASS HB 1158
Moved by: Perry
Action: Died for lack of a second.
MOTION: DEFER HB 1158 TO THE 41ST LEGISLATIVE DAY
Moved by: Milstead
Second by: McCleerey
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Beal, Johnson (Chris), McCleerey, Milstead, Miskimins, Perry, Sullivan, Weis, Zikmund,
Gosch
Voting No: Willadsen, Rounds
Excused: Lake
SB 53: authorize certain retailers to offer quantity discounts or cash discounts for the purchase
of alcoholic beverages.
Presented by: Representative Tim Rounds
Proponents: Matt Krogman, SD Licensed Beverage Dealer and Gaming Association
Bill Van Camp, SD retailers
Opponents: Matt Walz, South Dakota Alcohol Policy Alliance, Sioux Falls (Handout(s): No. 4)
MOTION: DO PASS SB 53
Moved by: Sullivan
Second by: Perry
Action: Prevailed by roll call vote. (7-5-1-0)
Voting Yes: Johnson (Chris), Miskimins, Perry, Sullivan, Weis, Gosch, Rounds
Voting No: Beal, McCleerey, Milstead, Willadsen, Zikmund
Excused: Lake
MOTION: ADJOURN
Moved by: Beal
Second by: Perry
Action: Prevailed by voice vote.
Nancy Hanson
____________________________
Committee Secretary
Tim Rounds, Chair
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