84th Legislative Session _ 2009

Committee: House Commerce
Friday, February 20, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Blake
P    Dreyer, Vice-Chair
P    Fargen
P    Greenfield
P    Jensen
P    Kirschman
P    Krebs
P    Novstrup (David)
P    Nygaard
P    Pitts
P    Solberg
P    Solum
P    Rounds, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Rounds, Chair.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 18, 2009

Moved by:    Greenfield
Second by:    Krebs
Action:    Prevailed by voice vote.

         HB 1267: provide for the establishment of group health and dental plans for school district employees.

Presented by:    Representative Thomas Deadrick
Opponents:    Sandra Zinter, Commissioner of the Bureau of Personnel

MOTION:     TO TABLE HB 1267

Moved by:    Dreyer
Second by:    Greenfield
Action:    Prevailed by roll call vote. (8-5-0-0)

Voting Yes:    Dreyer, Greenfield, Kirschman, Krebs, Novstrup (David), Pitts, Solum, Rounds

Voting No:    Blake, Fargen, Jensen, Nygaard, Solberg

         HB 1280: create reduced ignition propensity standards for cigarettes, to authorize the state fire marshal to monitor such standards, and to provide penalties therefor.

Presented by:    Representative Jamie Boomgarden (Handouts: #1)
Proponents:    Dave Nuss, NFPA, Denver
        Richard Broderick, Self, Rapid City
        Donn Hill, Self, Sioux Falls
        Dwight Neuharth, SD Home Builders Association
        Tim Dougherty, Altria Corporate Services, Inc.
        Jeremiah Murphy, R.J. Reynolds Tobacco Company

MOTION:     AMEND HB 1280

1280sa

     On page 1, after line 5 of the printed bill, insert:

"

             (1)    "Brand family," all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. "Brand family" includes cigarettes sold under a brand name, whether that name is used alone, or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern or colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarette;".

     On page 1, line 6, delete "(1)" and insert "(2)".

     On page 1, line 10, delete "(2)" and insert "(3)".

     On page 1, line 12, delete "(3)" and insert "(4)".

     On page 2, line 1, delete "(4)" and insert "(5)".

     On page 2, line 5, delete "(5)" and insert "(6)".

     On page 2, line 7, delete "(6)" and insert "(7)".

     On page 2, line 13, delete "(7)" and insert "(8)".

     On page 2, line 15, delete "(8)" and insert "(9)".

     On page 2, line 20, delete "(9)" and insert "(10)".

     On page 2, line 21, delete "(10)" and insert "(11)".

     On page 2, line 22, delete "(11)" and insert "(12)".

     On page 5, after line 18, insert:

"

     The requirements of section 2 of this Act do not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2011, if a wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes before said date and that the inventory was purchased before said date in comparable quantity to the inventory purchased during the same period of the immediately preceding year.".

     On page 6, line 11, delete everything after "." and insert "For each brand family of cigarettes listed in a certification, a manufacturer shall pay to the state fire marshal a fee of one thousand dollars. The fee shall apply to all cigarettes within the brand family certified, and shall include any new cigarette certified within the brand family during the three-year certification period.".

     On page 6, delete line 12.


Moved by:    Nygaard
Second by:    Greenfield
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1280 AS AMENDED

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

Voting Yes:    Blake, Dreyer, Fargen, Greenfield, Kirschman, Krebs, Novstrup (David), Nygaard, Pitts, Solberg, Solum, Rounds

Voting No:    Jensen

         HB 1299: require the state-owned fuel terminals and facilities to supply certain ethanol blends.

Presented by:    Representative Jason Frerichs (Handouts: #1 & 2)
Proponents:    Harry Christianson, Ethanol Producers of SD
        Orrin Swayze, Self, Wilmot
        Senator Jim Peterson
        Allen Kasperson, Self, Watertown
        Owen Jones (Handouts: #8 only not present)
Opponents:    Jeff Bloomberg, Bureau of Administration (Handouts: #3)
        Bill Even, SD Department of Ag
        Myron Rau, SD Auto Dealer's Association
        Dawna Leitzke, SD Petroleum & Propane Marketers Association (Handouts: #4 &5 only not p resent)
        Matt Mcaulley, Allience of Auto Manufacturers (Handouts: #6 only not present)

MOTION:     AMEND HB 1299

1299fa

     On the printed bill, delete everything after the enacting clause and insert:

     "
     Section 1. The Bureau of Administration shall establish a pilot program to evaluate the use of certain ethanol blends in state motor vehicles. At least ten state-owned fuel terminals or facilities for fueling state motor vehicles shall provide a supply of an ethanol blend that contains forty percent E-85 and sixty percent unleaded motor fuel in quantities sufficient to meet the normal gasoline-powered motor vehicle fueling needs of the state at such terminals or facilities. Three of the ten state-owned fuel terminals and facilities included in the pilot program shall be: the Pierre region office, South Dakota State University, and South Dakota School of Mines and Technology.

     The Bureau of Administration shall report its findings before January first each year to the Government Operations and Audit Committee."


Moved by:    Fargen
Second by:    Blake
Action:    Prevailed by voice vote.

 MOTION:     DEFER HB 1299 TO THE 41ST LEGISLATIVE DAY

Moved by:    Novstrup (David)
Second by:    Greenfield
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DO PASS HB 1299 AS AMENDED

Moved by:    Nygaard
Second by:    Fargen
Action:    Failed by roll call vote. (6-7-0-0)

Voting Yes:    Blake, Fargen, Kirschman, Nygaard, Solberg, Solum

Voting No:    Dreyer, Greenfield, Jensen, Krebs, Novstrup (David), Pitts, Rounds

 MOTION:     CALL THE QUESTION

Moved by:    Dreyer
Action:    Prevailed by voice vote.

 THE MOTION TO DEFER HB 1299 TO THE 41ST LEGISLATIVE DAY

Moved by:    Novstrup (David)
Second by:    Greenfield
Action:    PREVAILED BY ROLL CALL VOTE. (7-6-0-0)

Voting Yes:    Dreyer, Greenfield, Jensen, Krebs, Novstrup (David), Pitts, Rounds

Voting No:    Blake, Fargen, Kirschman, Nygaard, Solberg, Solum

 MOTION:     ADJOURN

Moved by:    Kirschman
Second by:    Fargen
Action:    Prevailed by voice vote.



Diane Mellan

____________________________

Committee Secretary
Tim Rounds, Chair