Number:

SB 20

Title:

An Act to remove the requirement of a prior felony conviction for a fourth and subsequent driving under the influence offenses.

Sponsor:

Senate Judiciary at request of Department of Public Safety

Summary:

This bill closes a sentencing loophole for drunk drivers who have multiple DUI convictions in other states. Currently, a third-offense DUI in South Dakota is a class 6 felony punishable by up to two years in prison. A fourth offense or greater is a class 5 felony punishable by up to five years in prison. In order to face the harsher penalties under existing state law, a driver must first be convicted of a felony. Senate Bill 20 eliminates the prior felony requirement from state law and allow prosecutors to charge DUI offenses based on the number of convictions.

Status:

Passed Senate; introduced in House and referred to Judiciary Committee

Number:

SB 33

Title:

An Act to revise certain provisions regarding the 24/7 sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition interlock devices. The

Sponsor:

House Judiciary at request of Attorney General

Summary:

The bill provides that any enrollment and monitoring fee collected in the administration of ignition interlock device testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county, the proceeds of which shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance. It also provides that any participation fee collected in the administration of testing under the 24/7 sobriety program to cover program administration costs incurred by the Office of Attorney General shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund.

Status:

Passed House Judiciary Committee

Number:

SB 48

Title:

An Act to revise certain provisions regarding the consumption of distilled spirits in public and to provide certain penalties for consumption of alcoholic beverages.

Sponsor:

House Commerce Committee at request of Department of Revenue & Regulation

Summary:

This bill prohibits the consumption of distilled spirits in a public place other than on the premises of a licensed on-sale dealer or a location where the city or county has granted a “brown-bag” permit. It also provides that alcoholic beverages may be sold on publicly owned property or property owned by a non-profit organization if a special event license has been issued for that location. And it provides that it is a Class 2 misdemeanor to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the licensed on-sale dealer.

Status:

Referred to Senate Commerce Committee

Number:

SB 93

Title:

An Act to authorize an organization to contribute to a political action committee and to set a limit on contributions

Sponsor:

Senator Rhoden & Representative Turbiville

Summary:

This bill allows an organization, including any corporation, limited liability company or partnership, to contribute $10,000 per year to a political action committee.

Status:

Referred to Senate State Affairs Committee

Number:

SB 103

Title:

An Act to revise certain provisions concerning special alcoholic beverage licenses issued in conjunction with special events.

Sponsor:

Senator Tiedemann & Representative Munsterman

Summary:

As amended, this bill repeals the authority of cities and counties to issue a special event liquor license to an existing licensee who holds only a malt beverage license. It also requires cities and counties to adopt rules for special event licenses, including rules limiting the number of licenses that can be issued to any person in a calendar year. The also bill provides that no public hearing is required for the issuance of a special events license if the organization applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility.

Status:

Amended and Passed Senate Commerce Committee.

Number:

SB 105

Title:

An Act to require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

Sponsor:

Senator Adelstein & Representative Steele

Summary:

This bill provides that if the court permits a person convicted of a second DUI offense to drive, the court must order the person to install and to use an ignition interlock device in any motor vehicle owned or operated by the person.

Status:

Tabled by Senate Judiciary Committee

Number:

SB 116

Title:

An Act to provide for the confiscation of motor vehicle license plates for certain driving under the influence violations.

Sponsor:

Senator Adelstein & Representative Kirkeby

Summary:

This bill provides that if a person is arrested for a second DUI offense, the arresting law enforcement officer must confiscate the license plates and issue temporary paper registration plates.

Status:

Referred to Senate Judiciary Committee; hearing pending.

Number:

SB 121

Title:

An Act to authorize an alcoholic beverage retail license for certain malt beverage and wine dealers.

Sponsor:

Senator Nygaard & Representative Verchio

Summary:

This bill provides for the issuance of license for malt beverage retailers, who are both package dealers and on-sale dealers, and for retailers of farm wineries, who are both package dealers and on-sale dealers. The fee for the license is $325.

Status:

Passed Senate Commerce Committee

Number:

SB 141

Title:

An Act to grant limited immunity from arrest and prosecution for certain alcohol consumption related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

Sponsor:

Senator Tiedemann & Representative Gibson

Summary:

This bill provides that a person may not be arrested and prosecuted for any offense arising out of underage consumption of alcohol if that person contacts any law enforcement or emergency medical services and reports that a person under twenty-one years of age is in need of medical assistance due to alcohol consumption. To acquire limited immunity from arrest and prosecution, the person must: (1) assist the person in need of medical assistance until assistance arrives; and (2) remain and cooperate with medical assistance and law enforcement personnel on the scene.

The bill also provides that no person, under the age of twenty-one years, may be prosecuted for any offense arising out of underage consumption of alcohol if that person contacts any law enforcement or emergency medical services and reports that he or she is in need of medical assistance due to alcohol consumption. To acquire limited immunity from arrest and prosecution, the person must remain on the scene and cooperate with medical assistance and law enforcement personnel on the scene.

Status:

Referred to Senate Judiciary Committee; hearing pending

Number:

SB 143

Title:

An Act to allow artisan distillers and farm wineries to sell certain distilled spirits to wholesalers and retailers.

Sponsor:

Senator Nygaard and Representative Munsterman

Summary:

This bill permits an artisan distiller to sell distilled spirits produced under the license to wholesalers and retailers.

Status:

Referred to Senate Commerce Committee; hearing pending

Number:

SB 145

Title:

An Act to revise the provisions concerning the types of taxes that the state may enter into compacts with Indian tribes.

Sponsor:

Senator Maher & Representative Kirkeby

Summary:

This bill authorizes the Department of Revenue to enter into tax collection agreements with any Indian tribe for the collection of state and tribal wholesale tax on alcoholic beverages and the occupational tax based on the quantities of different kinds of alcoholic beverages.

Status:

Referred to Senate Taxation Committee; hearing pending.

Number:

SB 163

Title:

An Act to revise the penalties for violations concerning smoking in public.

Sponsor:

Senator Nelson (Tom) and Representative Turbiville

Summary:

Under current law, any violation of the smoking ban is a petty offense punishable by a fine. This bill provides that a warning ticket must be issued for any first or second violation and that a third or any subsequent violation is a petty offense.

Status:

Referred to Senate Judiciary Committee; hearing pending

Number:

SB 193

Title:

An Act to authorize counties to issue additional on-sale licenses for certain facilities located on hunting preserves.

Sponsor:

Senator Gray and Representative Cronin

Summary:

This bill allows a county to issue a liquor license to a hunting preserve facility that has a shooting preserve operating permit and a license to operate a food and lodging establishment. The licensee may only serve alcoholic beverages for consumption on the licensed premises to a guest as part of a package for use of the facility. The licensee may not offer any alcoholic beverages for retail sale to other members of the general public. The facility must have rooms that are suitable for lodging to host guests and equipment for the preparation and serving of food for consumption on the premises. The license may not be transferred. The license and renewal fee will be $500.

Status:

Referred to Senate State Affairs Committee; hearing pending.

Number:

HB 1119

Title:

An Act to revise the procedure for reissuing certain alcoholic beverage licenses.

Sponsor:

Representative Kirkeby & Senator Haverly

Summary:

As amended, this bill provides that any application for the reissuance of a retail license may be approved by the municipal or county governing board without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended.

Status:

Passed House with amendment; introduced in Senate & referred to Commerce Committee

Number:

HB 1137

Title:

An Act to prohibit the sale of caffeinated alcoholic beverages.

Sponsor:

Representative Kloucek & Senator Bradford

Summary:

This bill prohibits the sale of any caffeinated alcoholic beverage, which is defined as: (1) a beverage that is fermented in a manner similar to beer, from which some or all of the fermented alcohol has been removed and replaced with distilled ethyl alcohol; that contains at least one half of one percent alcohol by volume; that is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of beer as described in 27 CFR 25.55; and to which is added caffeine or other stimulants; or (2) a beverage that contains at least one half of one percent alcohol by volume; that is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of beer as described

in 27 CFR 25.55; to which is added a flavor or other ingredient containing alcohol, except for hop extract; to which is added caffeine or other stimulants; for which the producer is required to file a formula for approval with the United States Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR 25.55; and that is not exempt pursuant to 27 CFR 25.55(f).

Status:

Tabled by House Commerce Committee

Number:

HB 1174

Title:

An Act to revise certain provisions concerning alcoholic beverage licenses issued at the county fairgrounds.

Sponsor:

Representative Conzet & Senator Rambelberg

Summary:

This bill permits a county to issue one on-sale license, including a malt beverage retailer's license, at the county fairgrounds to an applicant who is authorized by the county to operate as the leaseholder at the county fairgrounds.

Status:

Passed House

Number:

SB 1238

Title:

An Act to revise who may be issued special alcoholic beverage licenses in conjunction with a special event and to require local governing bodies to establish rules regulating and restricting the operation of special alcoholic beverage licenses.

Sponsor:

Representative Solum and Senator Rhoden

Summary:

Under current law, a city or county may issue a special event alcoholic beverage license to a nonprofit organization or an existing licensee. This bill restricts the temporary event licenses to nonprofit organizations. It also requires cities and counties to establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any organization within any calendar year.

Status:

Referred to House Commerce Committee; hearing pending.

Number:

HB 1241

Title:

An Act to revise certain penalties for the sale or service of an alcoholic beverage to a person under the age of twenty-one.

Sponsor:

Representative Greenfield

Summary:

Under current law, if a clerk is convicted of selling alcohol to a person under the age of 21, the penalty for the first offense is suspension of the clerk’s driver’s license for at least 30 days, and for a for a second or subsequent offense, the penalty is suspension of the clerk's driving privileges for a period of at least 60 days. This bill eliminates the drivers license suspension for the first offense and reduces the period of suspension for a second and subsequent offense to a minimum of 30 days.

The bill also reduces the civil penalty imposed on the licensee for a fist violation from $500 to a maximum of $250, and for a second violation from $1,000 to a maximum of $500. If the employee or agent has not been certified by a nationally recognized training program approved by the Department of Revenue and Regulation that provides instruction on techniques to prevent persons under the age of 21 years from purchasing or consuming alcoholic beverages, the civil penalty is reduced from $1,000 to a maximum of $500 for a first violation, and from $2,000 to $1,000 for a second violation.

Status:

Referred to House Judiciary; hearing pending.