94
th Legislative Session _ 2019
Committee: House Commerce and Energy
Wednesday, February 27, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Beal
P Johnson (Chris)
P 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 25, 2019
Moved by: Lake
Second by: Beal
Action: Prevailed by voice vote.
SB 98: repeal the sunset of a wine manufacturer license.
Presented by: Roger Tellinghuisen, Firehouse Wine Cellars
MOTION: DO PASS SB 98 AS AMENDED
Moved by: Gosch
Second by: Beal
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Beal, Lake, McCleerey, Milstead, Miskimins, Perry, Sullivan, Weis, Willadsen,
Gosch, Rounds
Excused: Johnson (Chris), Zikmund
MOTION: PLACE SB 98 ON CONSENT CALENDAR
Moved by: Milstead
Second by: Perry
Action: Prevailed by voice vote.
SB 48: authorize certain improvement districts to issue convention facility on-sale licenses
to sell alcoholic beverages.
Presented by: Senator Jim Bolin
Proponents: Nick Moser, SRK Development, LLC
Others: Representative David Anderson
MOTION: AMEND SB 48
48ca
On page 1, line 5, of the printed bill, after "or" insert "a county on behalf of an".
Moved by: Willadsen
Second by: Perry
Action: Prevailed by voice vote.
MOTION: DO PASS SB 48 AS AMENDED
Moved by: Beal
Second by: Gosch
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Beal, Lake, McCleerey, Milstead, Miskimins, Perry, Sullivan, Weis, Willadsen,
Gosch, Rounds
Excused: Johnson (Chris), Zikmund
MOTION: AMEND TITLE OF SB 48
48cta
On page 1, line 1, of the printed bill, after "authorize" insert "counties on behalf of".
Moved by: Gosch
Second by: McCleerey
Action: Prevailed by voice vote.
SB 56: revise certain provision regarding the regulation of fireworks and to declare an
emergency.
Presented by: Representative Lana Greenfield
Proponents: Senator Brock Greenfield
Justin G. Smith, G.P. Enterprises
Jim Hood, South Dakota Retailers Association
MOTION: AMEND SB 56
56cb
On page 2, line 15, of the Senate engrossed bill, delete "Class 2" and insert "Class 1".
On page 3, line 17, after "." insert "A violation of this section is a Class 1 misdemeanor.".
On page 4, line 12, after "fifth" insert ". A violation of this section is a Class 1 misdemeanor".
On page 4, line 15, delete "Class 2" and insert "Class 1".
On page 5, line 1, after "state" insert ". A violation of this section is a Class 1 misdemeanor".
On page 5, line 3, delete "Class 2" and insert "Class 1".
On page 5, line 9, delete "Class 2" and insert "Class 1".
On page 6, line 1, delete "Class 2" and insert "Class 1".
On page 6, line 7, delete "Class 2" and insert "Class 1".
On page 6, line 16, delete "Class" and insert "Class 1".
On page 6, line 17, delete "2".
On page 6, line 22, delete "Class 2" and insert "Class 1".
On page 7, line 2, delete "Class 2" and insert "Class 1".
On page 8, line 8, after "holder" insert ". A violation of this section is a Class 1 misdemeanor".
On page 8, line 14, after "." insert "A violation of this section is a Class 1 misdemeanor.".
On page 8, line 24, after "." insert "A violation of this section is a Class 1 misdemeanor.".
On page 9, line 8, after "." insert "A violation of this section is a Class 1 misdemeanor.".
On page 9, line 16, delete "Class 2" and insert "Class 1".
On page 11, between lines 9 and 10, insert:
" Section 27. That § 34-37-5 be amended to read:
34-37-5. Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the
American Pyrotechnics Association Inc., Standard 87-1, 1993 2001 edition and that comply with
labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R. Title
16--Commercial Practices Part 1507), effective 16 C.F.R. 1507 as in effect on January 1, 1998 2019.
The use of fireworks that are not permissible, unless authorized in this chapter, is a Class 1
misdemeanor.
Section 28. That § 34-37-9 be amended to read:
34-37-9. Any person licensed under the provisions of this chapter shall comply with the
provisions of § 10-45-45. Each invoice for fireworks purchased is subject to inspection by the
Department of Public Safety. The invoice shall show the license number of the wholesaler from
which the purchase was made. A violation of this section is a Class 1 misdemeanor. ".
Moved by: Weis
Second by: Beal
Action: Prevailed by voice vote.
MOTION: DO PASS SB 56 AS AMENDED
Moved by: Weis
Second by: Beal
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Beal, Johnson (Chris), McCleerey, Milstead, Miskimins, Perry, Sullivan, Weis,
Willadsen, Zikmund, Rounds
Excused: Lake, Gosch
SB 124: provide for the transportation of alcoholic beverages by retail licensees.
Presented by: Representative Jean Hunhoff
Proponents: Matt Krogman, SD Licensed Beverage Dealer and Gaming Association
Lindsey Riter - Rapp, South Dakota Beer Distributors Association
MOTION: DO PASS SB 124
Moved by: Beal
Second by: Milstead
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Beal, Johnson (Chris), McCleerey, Milstead, Miskimins, Perry, Sullivan, Weis,
Willadsen, Zikmund, Rounds
Excused: Lake, Gosch
MOTION: ADJOURN
Moved by: Perry
Second by: McCleerey
Action: Prevailed by voice vote.
Nancy Hanson
____________________________
Committee Secretary
Tim Rounds, Chair
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