84th Legislative Session _ 2009

Committee: House State Affairs
Wednesday, February 18, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Boomgarden
P    Engels
P    Feinstein
P    Gosch
P    Hunhoff (Bernie)
P    Lucas
P    Lust
P    Noem, Vice-Chair
P    Rausch
P    Rave
P    Steele
P    Turbiville
P    Faehn, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Bob Faehn, Chair.

MOTION:     TO APPROVE THE MINUTES OF 7:45 AM, WEDNESDAY, FEBRUARY 18, 2009

Moved by:    Turbiville
Second by:    Steele
Action:    Prevailed by voice vote.

         HB 1226: allow artisan distillers and farm wineries to sell certain distilled spirits to wholesalers and retailers.

Opponents:    Jeremiah D. Murphy, Republic Beverage
        Bob Riter Jr., SD Beer Wholesalers

        Matt Fonder, Department of Revenue & Regulation

MOTION:     DO PASS HB 1226

Moved by:    Engels
Second by:    Feinstein
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1226 TO THE 41ST LEGISLATIVE DAY

Moved by:    Rausch
Second by:    Rave
Action:    Prevailed by roll call vote. (10-3-0-0)

Voting Yes:    Boomgarden, Gosch, Lucas, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

Voting No:    Engels, Feinstein, Hunhoff (Bernie)

         HB 1199: authorize the South Dakota Energy Infrastructure Authority to study the feasibility of nuclear power plant facility in South Dakota and to make an appropriation therefor.

Presented by:    Representative Thomas Deadrick

MOTION:     TO TABLE HB 1199

Moved by:    Rausch
Second by:    Gosch
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Boomgarden, Engels, Feinstein, Gosch, Hunhoff (Bernie), Lucas, Lust, Noem, Rausch, Rave, Steele, Turbiville

Excused:    Faehn

         HB 1240: prohibit smoking tobacco or carrying lighted tobacco products in certain places and to require certain persons to inform violators of the prohibition.

Presented by:    Representative Bob Faehn (Handouts: 1,2)
Proponents:    Kitty Kinsman, American Cancer Society/Cancer Action Network
        Mary Carpenter, MD, SD State Medical Association (Handouts: 3,4,5)
        Ken Senger, SD Association of Healthcare Organizations
        Jennifer Stalley, American Cancer Society (Handouts: 6,7)
        Representative Marc Feinstein
        Tim Kant, Self, Sioux Falls
        John Boyd, Self, Deadwood
        Dennis Hook, SD Headstart Association
Opponents:    Shawn Lyons, SD Retailers Association
        Brian J. Harms, Self, Milbank
        Steve Brinkman, Self, Mitchell
        Mark O'Neill, Self, Henry
        Mike Trucano, Self, Deadwood
        Mike Demersseman, Deadwood Visitors Bureau and Gaming Assn

MOTION:     AMEND HB 1240

1240js
     On page 2, line 11 of the printed bill, after "provisions" insert "of sections 1 to 3, inclusive,".

     On page 2, between lines 12 and 13, insert:

"      Section 5. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(6) or (7), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall be posted as a smoking room.

     Section 6. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements:

             (1)    Generates ten percent or more of its annual gross income from the sale of cigars. For the purposes of this section, a cigar is any individual roll of tobacco that has a wrapper or cover consisting only of tobacco, that measures a number forty ring size or larger, and that is sold without a filter;

             (2)    Has a humidor on the premises; and

             (3)    Is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas.

     Any establishment meeting the requirements of this section may permit the smoking of cigars and any premium tobacco product purchased on the premises. However, no establishment may permit the smoking of any other tobacco product on the premises. The establishment shall post a notice of the prohibition.

     Any establishment meeting the requirements of this section shall annually report to the Department of Revenue and Regulation, on a form prescribed by the department, the revenue generated from the sale of cigars as a percentage of annual gross income.

     Section 7. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any retail tobacco store that meets the following requirements:

             (1)    Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products;

             (2)    Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors; and

             (3)    Does not allow the consumption of alcoholic beverages on the premises.

     Any retail tobacco store meeting the requirements of this section shall annually report to the Department of Revenue and Regulation, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income.".


Moved by:    Faehn
Second by:    Feinstein
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1240


1240rc

     On page 1, line 8, of the printed bill, delete "Class 2 misdemeanor" and insert "petty offense".


Moved by:    Gosch
Second by:    Rausch
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1240

1240jm

     On page 2, between lines 12 and 13 of the printed bill, insert:

"
     Section 5. The provisions of sections 1 to 3, inclusive, of this Act do not apply to any licensee pursuant to chapter 42-7B.".



Moved by:    Turbiville
Second by:    Rausch
Action:    Prevailed by roll call vote. (7-6-0-0)

Voting Yes:    Boomgarden, Engels, Gosch, Noem, Rausch, Steele, Turbiville

Voting No:    Feinstein, Hunhoff (Bernie), Lucas, Lust, Rave, Faehn

 MOTION:     DO PASS HB 1240 AS AMENDED

Moved by:    Rausch
Second by:    Faehn
Action:    Prevailed by roll call vote. (11-2-0-0)

Voting Yes:    Engels, Feinstein, Gosch, Hunhoff (Bernie), Lucas, Lust, Rausch, Rave, Steele, Turbiville, Faehn

Voting No:    Boomgarden, Noem

         HB 1285: place certain restrictions on the granting of easements associated with pipelines.
Proponents:    Curt Hohn, Self, Aberdeen

        THE CHAIR DEFERRED HB 1285 UNTIL 4:00 PM, THURSDAY, FEBRUARY 19, 2009

MOTION:     ADJOURN

Moved by:    Gosch
Second by:    Steele
Action:    Prevailed by voice vote.

Eileen Eller

____________________________

Committee Secretary
Bob Faehn, Chair