74th Legislative Session -- 1999
Committee: Senate Commerce
Tuesday, February 16, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Lawler
P
Olson
P
Paisley
P
Valandra
P
Whiting
P
Daugaard, 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 Lawler
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
HB 1199:
restrict the distribution of alcoholic beverages to persons under eighteen
years of age by parents, guardians, or spouses over twenty-one years of age.
Presented by:
Representative Hunt
Senator Halverson
MOTION:
DO PASS HB 1199
Moved by:
Senator Olson
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Lawler, Olson, Paisley, Daugaard, Shoener
Voting no:
Valandra, Whiting
HB 1107:
revise certain provisions regarding mutually binding agreements between
beer wholesalers and brewers, to revise a term relative to beer industry
relationships, and to make provisions for malt beverage brand extensions.
Proponents:
Bob Riter, SD Wholsalers
Opponents:
Ron Olinger, Philip Morris
Frank Brady, Anheuser-Busch Co. Inc.
MOTION:
AMEND HB 1107
o-1107h
On page
5
,
line
5 of the House engrossed bill
,
after "
cause
"
insert "
. For the purposes of this
subdivision, good cause is the failure of a manager or successor manager to meet commercially
reasonable standards or to perform commercially reasonable duties as specified in an agreement
between the supplier and wholesaler
"
.
Moved by:
Senator Lawler
Second by:
Senator Olson
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1107
j-1107h
On page
3
,
line
10 of the House engrossed bill
,
after "
apply
"
insert "
if the wholesaler fails to
comply with the written agreement or if the
"
.
On page
3
,
line
11
,
delete "
to any
"
.
On page
3
,
line
11
,
delete "
that
"
.
On page
3
,
line
12
,
after "
Act.
"
insert "
The provisions of this section do not apply to brands
acquired by the supplier from another brewer.
"
.
Moved by:
Senator Whiting
Second by:
Senator Paisley
Action:
Was not acted on.
MOTION:
CALL THE QUESTION
Moved by:
Senator Lawler
Second by:
None
Action:
Died for a lack of a second
MOTION:
SUBSTITUTE MOTION AMEND HB 1107
j-1107i
On page
3
,
line
10 of the House engrossed bill
,
after "
apply
"
insert "
if the wholesaler fails to
comply with the written agreement or if the
"
.
On page
3
,
line
11
,
delete "
to any
"
.
On page
3
,
line
11
,
delete "
that
"
.
On page
3
,
line
12
,
after "
Act.
"
insert "
The provisions of this section do not apply to the initial
assignment of brands acquired by the supplier from another brewer.
"
.
Moved by:
Senator Whiting
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1107 AS AMENDED
Moved by:
Senator Olson
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(6-1-0-0)
Voting yes:
Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
Voting no:
Lawler
MOTION:
CALL THE QUESTION
Moved by:
Senator Whiting
Second by:
Senator Olson
Action:
Prevailed by voice vote.
HB 1207:
increase the time period for which a driver's license is revoked for
certain drug offenses.
Presented by:
Representative Michels
MOTION:
DO PASS HB 1207
Moved by:
Senator Lawler
Second by:
Senator Daugaard
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1207
j-1207
On page
1
,
line
8 of the printed bill
,
after "
days.
"
insert "
However, the sentencing court may
impose a sentence other than that specified in this section if the court finds that mitigating
circumstances exist which require a departure from the mandatory sentence provided for in this
section. The court's finding of mitigating circumstances allowed by this section and the factual basis
relied upon by the court shall be in writing.
"
.
Moved by:
Senator Olson
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1207 AS AMENDED
Moved by:
Senator Whiting
Second by:
Senator Paisley
Action:
Prevailed by roll call vote.
(6-1-0-0)
Voting yes:
Lawler, Olson, Paisley, Whiting, Daugaard, Shoener
Voting no:
Valandra
HB 1255:
revise certain provisions to require the offer of alcohol coverage under
certain insurance policies.
Proponents:
Randy Moses, Division of Insurance
MOTION:
DO PASS HB 1255
Moved by:
Senator Olson
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
MOTION:
PLACE HB 1255 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
HB 1256:
revise certain provisions to limit the cancellation of certain insurance
policies.
Proponents:
Randy Moses, Division of Insurance
MOTION:
DO PASS HB 1256
Moved by:
Senator Olson
Second by:
Senator Paisley
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
MOTION:
PLACE HB 1256 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
HB 1128:
authorize the Banking Commission to establish rules regulating bank
borrowings.
Proponents:
Richard Duncan, Director of Banking
Tom Adam, SD Bankers, Assoc.
Presented by:
Representative Solum
MOTION:
DO PASS HB 1128
Moved by:
Senator Lawler
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
MOTION:
PLACE HB 1128 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Paisley
Action:
Prevailed by voice vote.
HB 1142:
permit an increased proportion of a bank's stock and surplus to be
invested in the value of the premises.
Proponents:
Tom Adam, SD Bankers Assoc.
Richard Duncan, Director Banking
Presented by:
Representative Broderick
MOTION:
DO PASS HB 1142
Moved by:
Senator Lawler
Second by:
Senator Olson
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Lawler, Olson, Valandra, Whiting, Daugaard, Shoener
Excused:
Paisley
MOTION:
PLACE HB 1142 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Olson
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Lawler
Second by:
Senator Olson
Action:
Prevailed by voice vote.
Doris J. Donner
_________________________________
Committee Secretary
Jerry J. Shoener, Chair
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