80th Legislative Session _ 2005

Committee: House Local Government
Tuesday, February 01, 2005

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Cutler
P    Davis
P    Gassman
P    Hanks
P    Howie
P    Kroger
E    McCoy
E    Rounds
P    Sigdestad
P    Thompson
P    Tornow
P    Murschel, Vice-Chair
P    Hennies, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Hennies, Chair

MOTION:     TO APPROVE THE MINUTES OF JANUARY 27, 2005

Moved by:    Howie
Second by:    Gassman
Action:    Prevailed by roll call vote.(0-0-3-0)

Excused:    McCoy, Rounds, Sigdestad

         HB 1152: establish an internal service fund for municipal equipment purchases.

Proponents:    Representative Mike Kroger
        Yvonne Taylor, SD Municipal League



MOTION:     DO PASS HB 1152

Moved by:    Kroger
Second by:    Tornow
Action:    Prevailed by roll call vote.(10-0-3-0)

Voting Yes:    Cutler, Davis, Gassman, Hanks, Howie, Kroger, Thompson, Tornow, Murschel, Hennies

Excused:    McCoy, Rounds, Sigdestad

MOTION:     PLACE HB 1152 ON CONSENT CALENDAR

Moved by:    Hanks
Second by:    Cutler
Action:    Prevailed by voice vote.

         HB 1154: limit municipal annexation near regional airport authorities.

The Chair deferred HB 1154 until Tuesday, February 8, 2005.

         HB 1038: revise certain provisions regarding the responsibility of alcohol licensees that sell alcohol to underage people.

MOTION:     TO TABLE HB 1038

Moved by:    Tornow
Action:    Died for a lack of a second

MOTION:     AMEND HB 1038

1038ff
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 35-2 be amended by adding thereto a NEW SECTION to read as follows:

     The department shall, on or before the first of July of each year, develop and publish on its public internet website, a directory listing all nationally recognized training programs which have been approved by the department. The department shall annually notify each licensee in writing and by posting on the department's internet website a list of the nationally recognized training programs approved pursuant to §  35-2-10.1. Any alcohol licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to show that its employees have attended an approved alcohol training program to be eligible for any reduction in the penalty imposed for the violation."

Moved by:    Tornow
Second by:    Gassman
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1038 AS AMENDED

Moved by:    Cutler
Second by:    Davis
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Cutler, Davis, Gassman, Hanks, Howie, Kroger, Sigdestad, Thompson, Tornow, Murschel, Hennies

Excused:    McCoy, Rounds

MOTION:     ADJOURN

Moved by:    Kroger
Second by:    Cutler
Action:    Prevailed by voice vote.

Naida Chavez

____________________________

Committee Secretary
Thomas Hennies, Chair


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