84th Legislative Session _ 2009

Committee: House Commerce
Wednesday, March 04, 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 MARCH 2, 2009

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

MOTION:     MOTION TO AMEND THE MINUTES OF MONDAY, FEBRUARY 23, 2009. IN THE MOTION TO AMEND THE MINUTES, (PAGE 1) CHANGE “DO NOTE PASS” TO “DO NOT PASS”. PAGE 3, CHANGE THE MOTION TO TABLE HB1274, TO READ: PREVAILED BY A ROLL CALL VOTE, 10-3-0.

Moved by:    Greenfield


Second by:    Krebs
Action:    Prevailed by voice vote.

        
SB 159: revise certain provisions regarding bank names.

Presented by:    Representative Larry Tidemann
Proponents:    Van Fisbach, Fishback Financial, Brookings (Handouts: #1)
        Curt Everson, SD Bankers Association

MOTION:     AMEND SB 159

159ja

     On the Senate Local Government Committee engrossed bill, delete everything after the enacting clause and insert:

     "
     Section 1. That § 51A-3-2 be amended to read as follows:

     51A-3-2.   For a bank organized as a corporation, the articles of incorporation of a bank shall state, and for a bank organized as a limited liability company, the articles of organization of a bank shall state:

             (1)      That the corporation or limited liability company is formed for the purpose of engaging in the business of banking, or as a bank and trust company, or as a bank and trust department;
             (2)      The period for which such corporation or limited liability company is organized, not exceeding twenty years.
     The name of such bank shall be different from the name of any other bank or trust company in the county of its place of business. The capital stock of a bank organized as a corporation shall be divided into shares of not less than ten nor more than one hundred dollars each. The members' equity of a bank organized as a limited liability company shall be divided into units of not less than ten nor more than one hundred dollars each.

     The name of a bank organized under this title shall be different from the name of any other bank or trust company in the county of its place of business. However, the name of the bank is not required to be different if the majority of the bank's outstanding stock is owned by a bank holding company that also owns a majority of the outstanding stock of another bank or trust company in the county of the bank's place of business and such other bank or trust company has given its prior written consent. "


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

MOTION:     DO PASS SB 159 AS AMENDED

Moved by:    Greenfield
Second by:    Krebs
Action:    Prevailed by roll call vote. (13-0-0-0)

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

MOTION:     AMEND TITLE OF SB 159

159jta

     On the Senate Local Government Committee engrossed bill, delete the previously adopted title amendment (159tta)

     On page 1, line 1, delete everything after "Act to" and insert "revise certain provisions regarding bank names.".

     On page 1, delete line 2.


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

MOTION:     PLACE SB 159 ON CONSENT CALENDAR

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

        
SB 77: repeal the maximum number of off-sale alcoholic beverage licenses that may be issued to any person, corporation, or business entity and to establish requirements for physical barriers for certain off-sale alcoholic beverage establishments.

Presented by:    Representative Brian Dreyer
Proponents:    Mike Cole, Lewis Drugs, Sioux Falls
        Ron Olinger, SD Retailers Association
        David Owen, SD Chamber of Commerce & Industry

MOTION:     AMEND SB 77

77oa

     On page 2, line 16, of the Senate engrossed bill, after "fence" insert "at least six feet in height".

     On page 3, line 2, after "fence" insert "at least six feet in height".


Moved by:    Krebs
Second by:    Novstrup (David)
Action:    Failed by voice vote.

MOTION:     DO PASS SB 77

Moved by:    Greenfield
Second by:    Jensen
Action:    Prevailed by roll call vote. (13-0-0-0)

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

MOTION:     PLACE SB 77 ON CONSENT CALENDAR

Moved by:    Greenfield
Second by:    Jensen
Action:    Failed by voice vote.

        
SB 90: increase the number of varieties of malt beverages, wine, distilled spirits, liqueur, and cordials that an off-sale alcoholic beverage licensee may offer for sampling in one day.

Presented by:    Representative Tim Rounds
Proponents:    Tim Dougherty, Anhauser-Busch
        Nancee Johnson, SD Beer Wholesalers Association

MOTION:     AMEND SB 90

90jc


     On page 1, line 14, of the Senate Commerce Committee engrossed bill, remove the overstrikes from " No more than ".

     On page 2, delete line 2, and insert " cordial three varieties of malt beverages, three varieties of wines, and three varieties of distilled spirits, liqueurs, or cordials may be offered for sampling in any one day. No more than one sample of malt beverage, ".


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

MOTION:     DO PASS SB 90 AS AMENDED

Moved by:    Greenfield
Second by:    Krebs
Action:    Prevailed by roll call vote. (13-0-0-0)

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

MOTION:     PLACE SB 90 ON CONSENT CALENDAR

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

        
SB 202: require the Bureau of Administration to prepare a report regarding the energy efficiency of state agencies.

Presented by:    Senator Cooper Garnos
Proponents:    Kristi Honeywell, Bureau of Administration

MOTION:     AMEND SB 202

202fb

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

     "      Section 1. The Bureau of Administration shall prepare and submit a report to the Legislature regarding the energy efficiency of state agencies no later than December 1, 2009. The report shall:

             (1)    Quantify current energy consumption levels of state agencies;

             (2)    Identify the energy efficiency measures that may be taken by state agencies to achieve a reduction in energy consumption by a date certain; and

             (3)    Estimate the costs associated with the energy efficiency measures.

     Each state agency and the Board of Regents shall provide all reasonable assistance and cooperation requested by the Bureau of Administration in the implementation of this Act."


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

MOTION:     DO PASS SB 202 AS AMENDED

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

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

Excused:    Dreyer

MOTION:     AMEND TITLE OF SB 202

202fta

     On page 1, line 1, of the Senate engrossed bill, delete everything after "require" and insert "the Bureau of Administration to prepare a report regarding the energy efficiency of state agencies.".

     On page 1, delete line 2.


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

MOTION:     PLACE SB 202 ON CONSENT CALENDAR

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

        
SB 100: revise the method of sale of certain tobacco products.

Presented by:    Representative Val Rausch
Proponents:    Tim Dougherty, Altria Corp.Services
        Ron Olinger, SD Retailers Association
        Jennifer Stalley, American Cancer Society
        Jeremiah Murphy, R.J. Reynolds Tobacco Company

MOTION:     DO PASS SB 100

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

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

Excused:    Dreyer

MOTION:     PLACE SB 100 ON CONSENT CALENDAR

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

MOTION:     ADJOURN

Moved by:    Solum
Second by:    Pitts
Action:    Prevailed by voice vote.

Diane Mellan

____________________________

Committee Secretary
Tim Rounds, Chair