84
th Legislative Session _ 2009
77fa
On page 2 of the printed bill, delete lines 9 to 16, inclusive, and insert:
"
Any person, corporation, or business entity that holds or has an interest in a retail license issued
under subdivision 35-4-2(3) after June 30, 2009, and derives less than fifty percent of the licensee's
annual gross receipts from the sale of alcoholic beverages at the location where the license is held
shall sell its alcoholic beverages, other than malt beverages, in an area which is separated by a
physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier
includes a wall or fence erected for the sole purpose of separating the area in which the alcoholic
beverages are sold from the rest of the establishment.".
Moved by: Nesselhuf
Second by: Adelstein
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 77 AS AMENDED
Moved by: Adelstein
Second by: Merchant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
MOTION:
PLACE SB 77 ON CONSENT CALENDAR
Moved by: Adelstein
Second by: Merchant
Action: Failed by voice vote.
SB 128: create a limited electrician license
Presented by: Senator Tom Hansen
Proponents: Jeffrey Sveen, Association of Hutterian Brethren Churches
J. J. Linn, SD Electrical Commission
Todd Kolden, SD Department of Labor
Opponents: Mark Anderson, SD State Federation of Labor AFL-CIO
MOTION:
DO PASS SB 128
Moved by: Adelstein
Second by: Merchant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
HB 1114: allow a broker to form certain business entities under certain conditions.
Presented by: Matt Krogman, SD Association of Realtors
Proponents: Dennis Eisnach, SD Real Estate Commission
MOTION:
DO PASS HB 1114
Moved by: Merchant
Second by: Gant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
MOTION:
PLACE HB 1114 ON CONSENT CALENDAR
Moved by: Turbak Berry
Second by: Nesselhuf
Action: Prevailed by voice vote.
SB 187: allow the merger or consolidation of a cooperative and its subsidiary.
Presented by: Senator Larry Rhoden
Proponents: Darla Pollman-Rogers, SD Rural Telecommunications Association
Greg Dean, SD Telecommunications Association
MOTION:
AMEND SB 187
187ja
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter
47-18
be amended by adding thereto a NEW SECTION to read as
follows:
A cooperative that owns shares of a domestic or foreign subsidiary corporation that carries at
least ninety percent of the voting power of each class and series of the outstanding shares of the
subsidiary that has voting power may merge the subsidiary into itself or into another such subsidiary
without the approval of the board of directors or shareholders of the subsidiary, unless the articles
of incorporation of any such corporation otherwise provide, and unless, in the case of a foreign
subsidiary, approval by the subsidiary's board of directors or shareholders is required by the laws
under which the subsidiary is organized. If approval of a merger by the subsidiary's shareholders is
not required, the cooperative shall, within ten days after the effective date of the merger, notify each
of the subsidiary's other shareholders, if any, that the merger has become effective. After the
effective date of the merger or consolidation, the entities that were parties to the plan become a
single cooperative. The procedure used to accomplish the merger or consolidation shall be as
otherwise set forth in this chapter for mergers or consolidations of cooperatives. The subsidiary
corporation shall be deemed the non-surviving cooperative for purposes of applying this chapter, as
the context may require."
Moved by: Gant
Second by: Nesselhuf
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 187 AS AMENDED
Moved by: Adelstein
Second by: Gant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
MOTION:
PLACE SB 187 ON CONSENT CALENDAR
Moved by: Turbak Berry
Second by: Gant
Action: Prevailed by voice vote.
HB 1115: increase the education requirement for broker associate license.
Presented by: Senator Tom Hansen
Proponents: Matt Krogman, SD Association of Realtors
Dennis Eisnach, SD Real Estate Commission
MOTION:
DO PASS HB 1115
Moved by: Merchant
Second by: Gant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
MOTION:
PLACE HB 1115 ON CONSENT CALENDAR
Moved by: Merchant
Second by: Gant
Action: Prevailed by voice vote.
HB 1116: require post-licensing education for broker associates.
Presented by: Senator Tom Hansen
Proponents: Matt Krogman, SD Association of Realtors
Karen Callahan, Real Estate Commission
MOTION:
DO PASS HB 1116
Moved by: Merchant
Second by: Adelstein
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
MOTION:
PLACE HB 1116 ON CONSENT CALENDAR
Moved by: Gant
Second by: Nesselhuf
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Nesselhuf
Second by: Gant
Action: Prevailed by voice vote.
Lois Henry
____________________________
Committee SecretaryRussell Olson, Chair