77th Legislative Session _ 2002

Committee: Senate Commerce
Tuesday, February 05, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    McCracken
P    Sutton (Dan)
P    Volesky
P    Whiting
P    Brown (Arnold), Vice-Chair
P    Munson, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Munson

MOTION:     TO APPROVE THE MINUTES OF JANUARY 31

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

157ja
     On the printed bill, delete everything after the enacting clause and insert:

"


     Section 1. That § 35-4-2.2 be amended to read as follows:

     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

157tja
     On page 1, line 1 of the printed bill, delete " the licenses for " and insert "who may hold a light wine license.".

     On page 1 , delete line 2 .

Moved by:    Volesky
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.



         SB 172: revise the effective date of certain provisions related to insurance taxes.

Presented By:    Jeremiah D Murphy, Citibank of SD

MOTION:     DO PASS SB 172

Moved by:    Brown (Arnold)
Second by:    McCracken
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Bogue, McCracken, Volesky, Whiting, Brown (Arnold), Munson

Excused:    Sutton (Dan)

MOTION:     PLACE SB 172 ON CONSENT CALENDAR

Moved by:    Brown (Arnold)
Second by:    Whiting
Action:    Prevailed by voice vote.

         SB 81: limit the Department of Labor's authority to recommend settlements in labor disputes.

         Gavel was passed to Vice Chair Brown
         Refer to minutes for January 31 for previous testimony

Presented By:    Bob Stevens, SDEA
Opponents:    Jim Shekleton, Board of Regents

MOTION:     AMEND SB 81

81ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as follows:

     If its efforts as conciliator prove unsuccessful, the Department of Labor shall, if requested by either party, impartially investigate the matters in difference between the parties. The request to the department shall be mailed within twenty days after the conclusion of the conciliation procedure provided for in §  60-10-1. The department shall give each party ample opportunity for presentation of its final offer on each unresolved issue and the rationale supporting its final offer on each unresolved issue. Within twenty days following the presentations of the final offers of both parties,

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:

     Each party shall submit to the department a copy of the final offer made to the other party on each unresolved issue and the rationale supporting the final offer on each unresolved issue with proof of service of a copy upon the other party. Each party shall also submit a draft, in writing, that includes all tentative agreements reached by the parties. The parties may continue to negotiate all offers until an agreement is reached or until a recommendation and rationale are issued by the department. The department shall consider the following factors in making its recommendation:

             (1)    Any past collective bargaining contract between the parties, including the bargaining that led up to the contract;

             (2)    The power of the public employer and political subdivision to finance the final collective bargaining agreement;

             (3)    Comparisons with employees performing similar work in the public sector in South Dakota and in states contiguous to South Dakota;

             (4)    The interests and welfare of the public and the employees; and

             (5)    Any other factor normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment through collective bargaining.

     Section 3. That § 3-18-8.1 be amended 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.



MOTION:     DO PASS SB 81 AS AMENDED

Moved by:    Munson
Second by:    Volesky
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    McCracken, Sutton (Dan), Volesky, Whiting, Munson

Voting No:    Bogue, Brown (Arnold)

         SB 180: regulate unsolicited electronic commerce.

Presented By:    Jim Soyer, Governor's Office

MOTION:     AMEND SB 180

180ja
     On page 1 of the printed bill, delete line 5 , and insert "cancelled by the recipient within three days of receipt of the goods contracted for by providing electronic, facsimile, or written notice".

Moved by:    Whiting
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

MOTION:     DEFER SB 99 TO THE 36TH LEGISLATIVE DAY

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

168ja
     On page 2, line 7 of the printed bill, delete " The fee for this license may not exceed fifty dollars. " .

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

103je
     Delete the previous amendment (103jc).

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

"
     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

103jtc
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "increase the required distance between certain persons or equipment and high voltage lines.".

     On page 1 , delete line 2 .

Moved by:    McCracken
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.

Margaret Nickels

____________________________

Committee Secretary
David R. Munson, Chair


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