House Commerce Minutes 01/31/2007 10:00 AM

82^nd Legislative Session _ 2007

Committee: House Commerce

Wednesday, January 31, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Ahlers
P    Boomgarden
P    Dreyer
P    Engels
P    Hunt
E    Juhnke
P    Noem
P    Novstrup (David)
P    Nygaard
P    Pederson (Gordon)
P    Street
P    Willadsen, Vice-Chair
P    Rounds, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Rounds, Chair.

MOTION:     TO APPROVE THE MINUTES OF MONDAY, JANUARY 29, 2007.

Moved by:    Pederson (Gordon)
Second by:    Street
Action:    Prevailed by voice vote.

         HB 1144: limit the transfer of contested Public Utilities Commission cases to the Office of Hearing Examiners.

Presented by:    Representative Joni Cutler
Proponents:    Darla Pollman-Rogers, SD Rural Telecommunications Assn.
        Bob Miller, SD Electric Utilities

        Ed Anderson, Rural Electric Assn, SD

MOTION:     DO PASS HB 1144

Moved by:    Willadsen
Second by:    Pederson (Gordon)
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Ahlers, Boomgarden, Dreyer, Hunt, Noem, Novstrup (David), Nygaard, Pederson (Gordon), Street, Willadsen, Rounds

Excused:    Engels, Juhnke

MOTION:     PLACE HB 1144 ON CONSENT CALENDAR

Moved by:    Nygaard
Second by:    Ahlers
Action:    Prevailed by voice vote.

         HB 1150: revise certain provisions relating to deceptive trade practices.

Presented by:    Representative Deb Peters
Proponents:    Dennis Duncan, Pharmeceutical Manufacturing
        Mike Shaw, Pfizer, Inc.

MOTION:     DO PASS HB 1150

Moved by:    Ahlers
Second by:    Pederson (Gordon)
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Ahlers, Boomgarden, Dreyer, Hunt, Noem, Novstrup (David), Nygaard, Pederson (Gordon), Street, Willadsen, Rounds

Excused:    Engels, Juhnke

MOTION:     PLACE HB 1150 ON CONSENT CALENDAR

Moved by:    Willadsen
Second by:    Street
Action:    Prevailed by voice vote.

         HB 1180: repeal certain provisions found to be unconstitutional, which required insurers to obtain a countersignature on policies.

Presented by:    Representative Mark Willadsen (Document 1)
Proponents:    Mike Shaw, DeSmet Farm Mutual Insurance Co. Of SD

MOTION:     DO PASS HB 1180

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

Voting Yes:    Ahlers, Boomgarden, Dreyer, Hunt, Noem, Novstrup (David), Nygaard, Pederson (Gordon), Street, Willadsen, Rounds

Excused:    Engels, Juhnke

MOTION:     PLACE HB 1180 ON CONSENT CALENDAR

Moved by:    Pederson (Gordon)
Second by:    Ahlers
Action:    Prevailed by voice vote.

         HB 1162: revise certain provisions relating to the sales and distribution of tobacco products.

Presented by:    Representative Joni Cutler
Proponents:    Jennifer Stalley, American Cancer Society
        Bill Dougherty, Phillip Morris, Inc.
        David Hewett, SD Assn. Of Healthcare Organizations
        Susan Randall, SD Voices For Children
Opponents:    Shawn Lyons, SD Retailers Association

MOTION:     AMEND HB 1162

On page 3, line 1 of the printed bill, after " subdivision (5) " insert " or a tobacco store if the store is primarily used for the sale of tobacco and the sale of other products is merely incidental ".

Moved by: Boomgarden
Second by: Noem

Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1162 UNTIL FRIDAY, FEBRUARY 2, 2007.

Moved by:    Engels
Second by:    Noem
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1162 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Willadsen
Second by:    Novstrup (David)
Action:    Failed by roll call vote.(6-6-1-0)

Voting Yes:    Hunt, Novstrup (David), Pederson (Gordon), Street, Willadsen, Rounds

Voting No:    Ahlers, Boomgarden, Dreyer, Engels, Noem, Nygaard

Excused:    Juhnke

MOTION:     DEFER HB 1162 UNTIL FRIDAY, FEBRUARY 2, 2007.

Moved by:    Engels
Second by:    Noem
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1162 AS AMENDED

Moved by:    Engels
Second by:    Noem
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION WITHOUT RECOMMENDATION HB 1162 AS AMENDED

Moved by:    Hunt
Second by:    Noem
Action:    Failed by roll call vote.(2-10-1-0)

Voting Yes:    Engels, Nygaard

Voting No:    Ahlers, Boomgarden, Dreyer, Hunt, Noem, Novstrup (David), Pederson (Gordon),

Street, Willadsen, Rounds

Excused:    Juhnke

MOTION:     TO TABLE HB 1162

Moved by:    Novstrup (David)
Second by:    Willadsen
Action:    Prevailed by roll call vote.(8-4-1-0)

Voting Yes:    Ahlers, Dreyer, Hunt, Novstrup (David), Pederson (Gordon), Street, Willadsen, Rounds

Voting No:    Boomgarden, Engels, Noem, Nygaard

Excused:    Juhnke

MOTION:     ADJOURN

Moved by:    Street
Second by:    Pederson (Gordon)
Action:    Prevailed by voice vote.

Cheri Hauschild

____________________________

Committee Secretary

Tim Rounds, Chair

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