To: Licensed Beverage Dealers of SD

From: Tim Dougherty

Date: March 13, 2014

Re: 2014 Legislative Session – Week 9

________________________________________________________________________

The final week of session ended on Friday evening after legislators adopted a $4.259 billion budget for FY 2015, which begins on July 1, 2015. The money for the FY 2015 budget comes from three sources: $1.4 billion from state general taxes, $1.2 billion from special taxes and fees, and $1.7 billion from the federal government.

The legislature will reconvene on Monday, March 31, for the final day of session. This day is reserved for legislators to consider any vetoes. To date, the Governor has issued only one veto, which was sustained.

 

Below are bills that may be of interest to licensed beverage dealers. A copy of each bill is available at this web address:

 

http://legis.sd.gov/Legislative_Session/Bills/default.aspx?session=2014

 

Bill No.

HB 1123

Sponsor

Representative Rounds

Title

An Act to allow alcoholic beverages to be sold, served, and consumed in certain on-sale licensees during for an extended period of time if specific conditions are met.

Summary

This bill allows an establishment with an on-sale liquor license, Deadwood gaming license and hotel rooms to serve alcohol at any time except Christmas

Status

Passed House; failed to passed Senate

Bill No.

HB 1148

Sponsor

Representative Magstadt

Title

An Act to provide a license for certain businesses to allow patrons to manufacture malt beverages and wines on the licensed premises for personal use.

Summary

This bill provides that no malt beverage or wine produced for personal use under SDCL 35-1-5.4 may be manufactured in a public place or place of business, and stored during the manufacturing process in a public place or place of business, unless the business holds a retail on premises manufacturer license. No malt beverage or wine produced under this license may be consumed on the licensed premises.

Status

Passed House and Senate

Bill No.

HB 1196

Sponsor

Representative Steele

Title

An Act to revise certain provisions relating to adult oriented businesses.

Summary

This bill gives cities and counties more authority to regulate adult oriented business, including strip clubs.

Status

Tabled in House Commerce Committee

Bill No.

HB 1225

Sponsor

Representative Hoffman

Title

An Act to establish a special order shipping license and to provide for the direct shipment of wine to consumers.

Summary

This bill allows wineries to ship wine directly to consumers in SD.

Status

Tabled in House Commerce Committee

Bill No.

HB 1227

Sponsor

Representative Hickey

Title

An Act to reduce state government reliance on video lottery proceeds, to revise the distribution of video lottery proceeds, and to dedicate certain deposits and income from the education enhancement trust fund.

Summary

 

Status

Tabled in House Taxation Committee

Bill No.

HB 1238

Sponsor

Representative Haggar

Title

An Act to provide for the impoundment of license plates after multiple driving under the influence offenses.

Summary

This bill requires a judge to order the impoundment of all motor vehicle license plates of any person who has one or more previous convictions for DUI within the last ten years. The impoundment order is effective for a minimum of one full year after the person's license is fully reinstated. The bill also allows a person subject to the impoundment order to apply for a special driving under the influence license plate

Status

Tabled in House Judiciary Committee

Bill No.

HB 1246

Sponsor

Representative Werner

Title

An Act to increase the maximum bet limit and to eliminate the award limit on video lottery games.

Summary

As amended, this bill authorizes the SD Lottery Commission to increase the video lottery bet limit from $2 to $5. And it eliminates the $2,000 maximum award.

Status

Failed to pass House

Bill No.

HJR 1001

Sponsor

Representative Johns

Title

Proposing and submitting to the electors at the next general election an amendment to Article III, section 25 of the Constitution of the State of South Dakota, relating to the authorization of roulette, keno, and craps in the City of Deadwood.

Summary

This resolution submits to the voters in November an amendment to the SD Constitution authorizing roulette, keno, and craps in Deadwood.

Status

Passed House and Senate

Bill No.

SB 39

Sponsor

The Committee on Transportation at the request of the Department of Transportation

Title

An Act to revise certain provisions regarding the regulation of certain open containers of alcoholic beverages.

Summary

This bill requires that a re-corked and resealed bottle of wine be placed in a locked glove compartment of the motor vehicle or behind the last upright seat of a motor vehicle that is not equipped with a trunk or in an area not normally occupied by the driver or passengers.

Status

Passed Senate; passed House; signed by governor

Bill No.

SB 92

Sponsor

Senator Maher

Title

An Act to require nondiscriminatory pricing between malt beverage suppliers and malt beverage wholesalers.

Summary

This bill prohibits a brewer from discriminating among wholesalers in the net price of malt beverages sold to any wholesaler or in any price promotion offered the wholesaler.

Status

Tabled in Senate Commerce Committee

Bill No.

SB 114

Sponsor

Senator Brown

Title

An Act to establish a wine direct shipper license and to provide for certain direct shipments of wine.

Summary

This bill allows wineries to sell and ship their wine products directly to consumers in South Dakota.

Status

Passed Senate Commerce Committee without recommendation; Senate re-referred bill to Senate Appropriations Committee; passed Appropriations Committee; passed Senate; failed to pass House Commerce Committee

Bill No.

SB 163

Sponsor

Senator Lucas

Title

An Act to prohibit a social host from permitting the underage consumption of alcoholic beverages on the social host's premises, to provide penalties therefor, and to repeal the common nuisance provision.

Summary

This bill prohibits a person, acting as a social host, from knowingly, permitting any person under 21 to illegally consume any alcoholic beverage on or at the premises of the person acting as social host.

Status

Passed Senate with amendment; passed House

Bill No.

SB 180

Sponsor

Senator Lederman

Title

An Act to authorize the increase in the number of video lottery machines that may be placed in a licensed establishment under certain conditions.

Summary

This bill allows up to 15 video lottery machines to be placed in an establishment provided that any machine in excess of 10 must operate in accordance with the new video lottery terminal communication protocol.

Status

Passed Senate; failed to pass House

Bill No.

SB 181

Sponsor

Senator Lederman

Title

An Act to prohibit the sale of vapor products to minors, and to provide a penalty therefor.

Summary

This bill prohibits the sale of e-cigarettes to minors and requires retailers to display their products behind the counter.

Status

Passed Senate with amendment; passed House