76th Legislative Session _ 2001

Committee: House Local Government
Tuesday, February 13, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gillespie
P    Hansen (Tom)
P    Hargens
P    Holbeck
P    Hunhoff
P    Kloucek
P    Lintz
P    Murschel
P    Rhoden
P    Sigdestad
P    Slaughter
P    Hennies (Thomas), Vice-Chair
P    Duniphan, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Duniphan

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 8, 2001

Moved by:    Rhoden
Second by:    Hargens
Action:    Prevailed by voice vote.

          HB 1282: revise the conditions under which certain contracts with a local officer are permitted.

See original minutes of February 8th.

Presented By:    Representative Cooper Garnos

Proponents:    Linus Storms, Assoc. School Boards of SD

MOTION:     AMEND HB 1282

1282fa
     On page 1, line 9 of the printed bill, overstrike " one " and insert " five ".

     On page 1 , line 12, overstrike " one " and insert " five ".

     On page 3 , line 3, delete " one " and insert " five ".

Moved by:    Hennies (Thomas)
Second by:    Hansen (Tom)
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1282

1282ja
     On page 3 of the printed bill, delete line 6 , and insert " provided that the provider of the supply or services is subject to the jurisdiction of the ".

Moved by:    Hennies (Thomas)
Second by:    Hargens
Action:    Prevailed by voice vote.

 MOTION:     DEFER HB 1282 TO THE 41ST LEGISLATIVE DAY

Moved by:    Hunhoff
Second by:    Rhoden
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DO PASS HB 1282 AS AMENDED

Moved by:    Hansen (Tom)
Second by:    Hargens
Action:    Prevailed by roll call vote.(10-3-0-0)

Voting Yes:    Gillespie, Hansen (Tom), Hargens, Holbeck, Kloucek, Lintz, Murschel, Sigdestad, Slaughter, Hennies (Thomas)

Voting No:    Hunhoff, Rhoden, Duniphan

          HB 1287: revise and repeal certain restrictions on the issuance of liquor licenses.

See original minutes of February 8th.

Representative Casey Murschel reported on the subcommittee.    

(Handouts #1 & 2 )

Presented By:    Representative Richard Brown
Proponents:    Matt Adamski, self, Dell Rapids
Opponents:    Jim Didier, self, Rapid City
        Brent Taylor, self, Miller
        Jerry Pierson, District #4 Liquor Assoc.
        Steve Oetken, self, Huron
        Roger Meyer, Liquor Assoc.
        Representative Mike Broderick, District #16
        Senator Ken Albers, District #16
        Pat Maroney, self, Howard

MOTION:     AMEND HB 1287

1287fd
     On page 2 of the printed bill, delete lines 9 to 19 , inclusive, and insert:

"

                 any permanent new one-year license shall be determined by the municipality or county. To determine this fee:

             (a)    The municipality shall set the fee based upon the fair market value of the license and shall consider the sale price of the latest sales of licenses in the municipality;

             (b)    In the area within three miles of the incorporated limits of each municipality, the county shall set the fee based upon the fair market value of the license and shall consider the sale price of the latest sales of licenses in the nearest municipality;

             (c)    In the area three or more miles outside the incorporated limits of each municipality, the county shall set the fee based upon the fair market value of the license and shall consider the sale price of the latest sales of licenses in the area of the county that is three miles outside of the incorporated limits of each municipality;
                 However, the fee in a municipality and within three miles of the incorporated limits of the nearest municipality may not be less than one dollar and fifty cents per resident based upon the number of persons residing within the municipality according to the most recent federal census. The fee in the area of a county that is three or more miles outside of the incorporated limits of each municipality may not be less than one dollar and fifty cents per resident based upon the number of persons residing within the county but outside of each municipality according to the most recent federal census.

                 The renewal fee for any license issued by a municipality may not be more than fifteen hundred dollars in municipalities of the first class, twelve hundred dollars in municipalities of the second class, and nine hundred dollars in municipalities of the third class. The renewal fee for any license issued outside a municipality may not be more than the fee charged for a like license in the nearest municipality; ".

     On page 2 , line 22, overstrike everything after " (6) " .

     On page 2 , overstrike lines 23 and 24 .

     On page 3 , overstrike line 1 .

     On page 3 , delete line 2 , and insert:

" municipality is more than fifteen miles from the on-sale license, the fee shall be ".


     On page 3 , overstrike lines 3 to 11 , inclusive.

     On page 4 , between lines 9 and 10, insert:

"      Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

     If a liquor license issued pursuant to subdivision 35-4-2(4) is sold or transferred to a new licensee, the terms of the sale and the price of the license shall be reported under oath to the municipality or county by the seller and the purchaser. The municipality or county shall keep the terms of the sale and the price confidential and shall review and consider such information in setting the price of any new license during executive session. However, a municipality and county may share with each other the terms of any sale and price of a license for the purpose of establishing fair market value.".

     On page 6 , line 2, after " approve " insert " outside municipalities ".

     On page 7 , delete lines 10 to 13 , inclusive, and insert:

"      Section 10. That § 35-4-11.10 be repealed.


     35-4-11.10.   If the on-sale license is located over fifteen miles from the nearest municipality, the renewal fee for any on-sale license issued outside a municipality shall be established by the county commission at a rate not to exceed the rate in the nearest municipality. ".

Moved by:    Holbeck
Second by:    Hennies (Thomas)
Action:    Prevailed by voice vote.

 MOTION:     DEFER HB 1287 TO THE 41ST LEGISLATIVE DAY

Moved by:    Hansen (Tom)
Second by:    Hargens
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DO PASS HB 1287 AS AMENDED

Moved by:    Hennies (Thomas)
Second by:    Holbeck
Action:    Prevailed by roll call vote.(8-5-0-0)

Voting Yes:    Holbeck, Hunhoff, Lintz, Murschel, Rhoden, Sigdestad, Slaughter, Hennies (Thomas)

Voting No:    Gillespie, Hansen (Tom), Hargens, Kloucek, Duniphan

 MOTION:     ADJOURN

Moved by:    Kloucek
Second by:    Lintz
Action:    Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary
J.P. Duniphan, Chair

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