P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Munson
MOTION:
TO APPROVE THE MINUTES OF JANUARY 31
E - Excused
A - Absent
P Bogue
P McCracken
P Sutton (Dan)
P Volesky
P Whiting
P Brown (Arnold), Vice-Chair
P Munson, Chair
Moved by: Brown (Arnold)
Second by: Bogue
Action: Prevailed by voice vote.
SB 157: revise certain provisions concerning the licenses for alcoholic beverages.
Presented By: Senator Vitter, Prime Sponsor
Proponents: Tim Dougherty, SD Retail Liquor Dealers
Robert Blumenthal, Century and Motel 's Inc., Rapid City, SD
MOTION:
AMEND SB 157
"
35-4-2.2.
A license authorized under subdivision 35-4-2(12) may only be issued to the owner or
operator of a restaurant
or a motel-hotel facility
and shall permit the licensee to serve the enumerated
beverages between 12:00 noon and 12:00 p.m. of each day of the week including Sunday. The term
restaurant as used
herein shall mean
in this section means
only a room regularly and in a bona fide
manner used and kept open for the serving of meals to guests for compensation which has suitable
table accommodations for at least fifty guests
therein
at one and the same time, and a
connected
kitchen
connected therewith
containing conveniences for cooking sufficient to provide meals in a
bona fide manner for fifty guests at one and the same time.
The term motel-hotel facility as used in
this section means a facility used and kept open for the hosting of large groups of guests for
compensation, which has at least seventy-five beds that are suitable lodging accommodations.
"
Moved by: Volesky
Second by: McCracken
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 157 AS AMENDED
Moved by: Volesky
Second by: McCracken
Action: Prevailed by roll call vote.(4-2-1-0)
Voting Yes: McCracken, Volesky, Whiting, Munson
Voting No: Bogue, Brown (Arnold)
Excused: Sutton (Dan)
MOTION:
TO AMEND TITLE OF SB 157
Moved by: Volesky
Second by: Brown (Arnold)
Action: Prevailed by voice vote.
"
Section 1. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as follows:
the department shall issue a recommendation on each unresolved issue and the rationale supporting
each recommendation. The department shall recommend either the final offer of the public
employees or the final offer of the public employers on each unresolved issue and may not make any
alternative recommendation. The department shall furnish a copy of its recommendation to each of
the parties and to any local newspaper for publication for the information of the public.
Section 2. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as follows:
3-18-8.1.
In case of impasse or failure to reach an agreement in negotiations conducted under the
provisions of this chapter, either party may request the Department of Labor to intervene under the
provisions of
§
§
60-10-1
to 60-10-3, inclusive
. Such request shall be mailed within ten days after
a written statement is delivered to the designated representative for the other party declaring an
impasse. Nothing in this section prohibits the parties to an impasse from adopting any other
procedure to facilitate a settlement that is mutually agreeable.
"
Moved by: Volesky
Second by: Munson
Action: Prevailed by voice vote.
Moved by: Whiting
MOTION:
DEFER SB 99 TO THE 36TH LEGISLATIVE DAY
Second by: Volesky
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 180 AS AMENDED
Moved by: Volesky
Second by: Brown (Arnold)
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Brown (Arnold), Munson
SB 99: allow certain contracts between cigarette retailers and suppliers.
Presented By: Senator Koetzle, Prime Sponsor
Proponents: Jeremiah M Murphy, Brown and Williamson Tobacco Corp (Handout A)
Opponents: Andy MacRae, Philip Morris Inc.
Douglas Day, Self, Ft Pierre, SD
Myron Komekenberg, Lynn's Dakotamart,Pierre, SD
Dave Skaggs, DJ's Foodmart, Pierre, SD
Jerry Wheeler, SD Retailers Assn
Dawna Leitze, SD Petroleum Mktg Assn
Jeremiah E Murphy, RJ Reynolds' Tobacco Co
Moved by: Whiting
Second by: Brown (Arnold)
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Bogue, McCracken, Sutton (Dan), Whiting, Brown (Arnold), Munson
Voting No: Volesky
SB 168: permit certain nonprofits to have a temporary on-sale license.
Presented By: Senator Greenfield, Prime Sponsor
MOTION:
AMEND SB 168
Moved by: Whiting
Second by: Volesky
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 168 AS AMENDED
Moved by: Brown (Arnold)
Second by: McCracken
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: McCracken, Sutton (Dan), Volesky, Whiting, Brown (Arnold), Munson
Voting No: Bogue
SB 151: limit certain charges and provide a right to rescind with regard to certain
installment loan contracts.
Gavel Passed to Vice Chair Brown
Presented By: Joni Clark Cutler, Advocacy Network for Women (Handout A/B)
Proponents: Representative Davis, Sponsor
Opponents: Dave Gerdes, Consumers Lending Alliance
Harry Christianson, Consumer Loan Alliance
MOTION:
DO PASS SB 151
Moved by: Volesky
Second by: McCracken
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 151 TO THE 36TH LEGISLATIVE DAY
Moved by: Bogue
Action: Died for a lack of a second
MOTION:
DO PASS SB 151
Moved by: Volesky
Second by: McCracken
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION WITHOUT RECOMMENDATION
Moved by: Bogue
Second by: Whiting
Action: Prevailed by roll call vote.(5-2-0-0)
Voting Yes: Bogue, McCracken, Sutton (Dan), Whiting, Brown (Arnold)
Voting No: Volesky, Munson
Gavel returned to Chair
MOTION:
RECONSIDER SB 103
Moved by: McCracken
Second by: Bogue
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Brown (Arnold), Munson
SB 103: require contractors to have surety bonds or to notify the person or entity that
there is not a surety bond.
Presented By: Robert Miller, Electric Utility Companies SD
Proponents: Paul Aylward, AFL/CIO
MOTION:
AMEND SB 103
"
Section 1. That
§
49-32-11
be amended to read as follows:
49-32-11.
No person may, individually or through an agent or employee, and no person as an
agent or employee of another person, may perform or permit another to perform any function or
activity if it is probable that during the performance of such activity any person or any tool,
equipment, machinery
,
or material engaged in performing work connected with such activity, will
move to, or be placed in, a position within
six
ten
feet of any high voltage overhead electrical line
or conductor. A violation of this section is a Class 2 misdemeanor.
"
Moved by: McCracken
Second by: Volesky
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 103 AS AMENDED
Moved by: McCracken
Second by: Brown (Arnold)
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Brown (Arnold), Munson
MOTION:
TO AMEND TITLE OF SB 103
Moved by: McCracken
Margaret Nickels
Second by: Bogue
Action: Prevailed by voice vote.
MOTION:
PLACE SB 103 ON CONSENT CALENDAR
Moved by: Whiting
Second by: Bogue
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: McCracken
Second by: Brown (Arnold)
Action: Prevailed by voice vote.
Committee Secretary
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