72nd Legislative Session -- 1997

Committee: Senate Commerce

Thursday, February 6, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Daugaard
P      Lawler
P      Olson
P      Staggers
P      Valandra
P      Munson (David), Vice-Chair
P      Shoener, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Shoener


MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING

Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.
        
        Senator Shoener deferred SB126,206 and 222 to February 11, 1997

          SB 163:   to authorize certain counties to issue one additional on-sale liquor license under certain conditions.

Proponents:      Senator Rounds

MOTION:      AMEND SB 163

j-163
     Delete everything after the enacting clause and insert:

"      Section  1.  That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the provisions of § 35-4-11.1, each county may issue one resort facility on- sale license for a resort facility constructed after July 1, 1997. For the purposes of this section, a

resort facility is a facility located in a county with a population of less than two thousand persons and, in a bona fide manner, is used and kept open for hosting guests for compensation which has at least sixty rooms that are suitable for lodging and which has facilities for the preparation and serving of food for consumption on the premises. The resort facility license may be issued only if the licensee derives less than thirty-three percent of the licensee's gross receipts from the sale of alcoholic beverages on the premises where the license is held. For the purposes of this section, the term premises means one contiguous piece of real property on which sales are generated by the licensee. "



Moved by:      Senator Olson
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 163 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Daugaard, Olson, Staggers, Valandra, Munson (David), Shoener

Voting no:      Lawler

          SB 6:   to prohibit discriminatory pricing of drugs by manufacturers and to establish a penalty.

Proponents:      Senator Kloucek, Prime Sponsor
          Key Meyer, SD Peace and Justice Center
          Bob Riter, SD Pharmacy Assoc.

Opponents:      Dennis Duncan, Pharmaceutical Research Manufacturer
          David Remes, Pharmaceutical Research Manufacturer
          Dean Krogman, State Medical Association

MOTION:      TO TABLE SB 6

Moved by:      Senator Daugaard
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Daugaard, Olson, Staggers, Munson (David), Shoener

Voting no:      Lawler, Valandra

          SB 151:   to remove a requirement that sales of malt beverages by a wholesaler to a retailer be by cash only.

Proponents:      Jerry Wheeler, SD Retailers
          Tim Daugherty, SD Liquor Retailers
          Dawn Leitzke Osborne,SDPMA

Opponents:      Bob Riter, SD Beer Wholesale Assn.
          Steve Fisher, Pres., SD Beer Wholesale Assn.
          Mike Jerome, Beer Wholesale
          Jim Burman, Beer Wholesale
          Tom Anderson, Self
          Sidney Epstein, Self
          Curt Erickson, I-90 Truck Haven
        Ron Schmidt, Wholesale Distributors Assn.

MOTION:      DEFER SB 151 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO DO PASS SB 151

Moved by:      Senator Lawler
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Daugaard, Lawler, Staggers, Munson (David)

Voting no:      Olson, Valandra, Shoener

MOTION:      ADJOURN

Moved by:      Senator Munson (David)
Second by:      Senator Olson
Action:      Prevailed by voice vote.



Doris J. Donner

_________________________________

Committee Secretary
Jerry J. Shoener, Chair



../970206.SCO
Page 1