P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Richard Dick Brown
MOTION:
TO APPROVE THE MINUTES OF 02-13-01
E - Excused
A - Absent
P Flowers
P Frost
P Garnos
P Hennies (Don)
P Hundstad
P Koistinen
P Nachtigal
P Napoli
P Peterson (Jim)
P Slaughter
P Teupel
P Van Etten
P Wick
P Jaspers, Vice-Chair
P Brown (Richard), Chair
Moved by: Napoli
Second by: Garnos
Action: Prevailed by voice vote.
HB 1295: allow certain interstate shipments of wine.
Presented By: Representative Mike Derby (Handouts 1-3)
Proponents: Dave Gerdes, Self
Jeff Fox, Wine Institute
Opponents: Jeremiah Murphy, SoDak
Bill Dougherty, SoDak
MOTION:
AMEND HB 1295
"
Section 1. Notwithstanding any other provision of law, any person who is at least twenty-one
years of age may purchase and receive wine from another state as provided in this section if a
reciprocal agreement exists between this state and the state from which the wine is sent. The person
shall place an order with a package dealer as defined in
§
35-1-1 on a form prescribed by the
Department of Revenue. The package dealer shall inform the purchaser of the cost of the wine, the
amount of any tax that would apply to the purchase pursuant to
§
35-5-3, the amount of sales tax that
would apply to the purchase, and the amount of any charges for freight and handling. The package
dealer may order the wine and shall provide the wine to the purchaser on receipt of payment for the
cost of the wine and the taxes and freight and handling charges associated with the purchase. Wine
purchased pursuant to this Act may only be delivered and received by the purchaser from a package
dealer as defined in
§
35-1-1. No registration fee pursuant to chapter 39-13 may be imposed on any
purchase of wine made pursuant to this section. No person may receive more than twelve cases of
wine, containing no more than nine liters per case, in any calendar year for personal use from another
state under this Act. No person who receives wine under this Act may resell any of the wine. The
Department of Revenue shall promulgate rules pursuant to chapter 1-26 to provide for the reporting
and tracking of information related to the sale of wine under this Act and to prescribe forms for the
implementation of this Act.
Section 2. Any licensee who holds a license for the retail sale of wine for consumption off the
licensed premises may ship no more than twelve cases of wine per shipment. A case may contain no
more than nine liters per case in any one shipment. Any wine sold may only be for personal use and
not for resale. The wine may only be sold directly to a resident of another state if the state to which
the wine is sent allows residents of the state to receive wine sent from outside that state. The sale is
considered to have occurred in this state.
Section 3. Any container of wine being shipped into or out of this state shall be clearly labeled to
indicate that it contains alcoholic beverages and that it may not be delivered to a person who is not
at least twenty-one years of age or to a person who is visibly intoxicated."
Moved by: Flowers
Second by: Frost
Action: Prevailed by voice vote.
Moved by: Van Etten
Second by: Frost
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1153
Moved by: Jaspers
Second by: Garnos
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1153 TO THE 41ST LEGISLATIVE DAY
Moved by: Hennies (Don)
Second by: Flowers
Action: Failed by roll call vote.(7-8-0-0)
Voting Yes: Flowers, Garnos, Hennies (Don), Hundstad, Nachtigal, Napoli, Peterson (Jim)
Voting No: Frost, Koistinen, Slaughter, Teupel, Van Etten, Wick, Jaspers, Brown (Richard)
MOTION:
SUBSTITUTE MOTION TO TABLE HB 1153
Moved by: Napoli
Second by: Flowers
Action: Failed by roll call vote.(7-8-0-0)
Voting Yes: Flowers, Garnos, Hennies (Don), Hundstad, Nachtigal, Napoli, Peterson (Jim)
Voting No: Frost, Koistinen, Slaughter, Teupel, Van Etten, Wick, Jaspers, Brown (Richard)
MOTION:
SUBSTITUTE MOTION AMEND HB 1153
Moved by: Wick
Second by: Jaspers
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1153 AS AMENDED
Moved by: Van Etten
Second by: Frost
Action: Prevailed by roll call vote.(8-7-0-0)
Voting Yes: Frost, Koistinen, Slaughter, Teupel, Van Etten, Wick, Jaspers, Brown (Richard)
Voting No: Flowers, Garnos, Hennies (Don), Hundstad, Nachtigal, Napoli, Peterson (Jim)
MOTION:
TO AMEND TITLE OF HB 1153
Moved by: Jaspers
"
Section 1. That chapter
10-45
be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter
10-46
be amended by adding thereto a NEW SECTION to read as
follows:
Moved by: Hundstad
Second by: Hennies (Don)
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1163 AS AMENDED
Moved by: Jaspers
Second by: Frost
Action: Prevailed by roll call vote.(12-3-0-0)
Voting Yes: Flowers, Frost, Garnos, Hundstad, Nachtigal, Napoli, Peterson (Jim), Slaughter, Van
Etten, Wick, Jaspers, Brown (Richard)
Voting No: Hennies (Don), Koistinen, Teupel
MOTION:
TO AMEND TITLE OF HB 1163
Moved by: Flowers
Dawn Magee
Second by: Jaspers
Action: Prevailed by voice vote.
HB 1164: revise certain entrance fees for state parks and recreation areas.
Presented By: Representative Kloucek
Opponents: Doug Hofer, State Park Director
Kathy Zander, Great Lakes of South Dakota Assoc.
MOTION: DEFER HB 1164 TO THE 41ST LEGISLATIVE DAY
Moved by: Jaspers
Second by: Van Etten
Action: Was not acted on.
MOTION:
CALL THE QUESTION
Moved by: Teupel
Second by: Hennies (Don)
Action: Prevailed by voice vote.
MOTION:
DEFER HB 1164 TO THE 41ST LEGISLATIVE DAY
Moved by: Jaspers
Second by: Van Etten
Action: Prevailed by roll call vote.(11-4-0-0)
Voting Yes: Frost, Garnos, Hennies (Don), Koistinen, Napoli, Slaughter, Teupel, Van Etten,
Wick, Jaspers, Brown (Richard)
Voting No: Flowers, Hundstad, Nachtigal, Peterson (Jim)
MOTION:
ADJOURN
Moved by: Frost
Second by: Peterson (Jim)
Action: Prevailed by voice vote.
Committee Secretary
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