Senate Commerce Minutes 1/22/2008 10:00 AM

2008 Legislative Session _ 2008

Committee: Senate Commerce

Tuesday, January 22, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Dempster
P    Katus
P    Koetzle
P    Turbak Berry
P    Gant, Vice-Chair
P    McCracken, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Royal McCracken, Chair.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, JANUARY 17, 2008

Moved by:    Koetzle
Second by:    Abdallah
Action:    Prevailed by voice vote.

         SB 35: establish fair claims standards and procedures for property casualty insurance claims.

Presented by:    Merle Scheiber, Division of Insurance
        Randy Moses, Division of Insurance
Proponents:    Sam Wilson, AARP
        Paul Van Vooren, Self, Redi Towing
Opponents:    Dick Tieszen, State Farm Insurance (Doc. 1)
        Mike Shaw, Property and Casualty Insurance
        Drew Duncan, SD Insurance Alliance (Doc. 2)

MOTION:     AMEND SB 35

On page 11 of the printed bill, delete line 11.

On page 11, line 12, delete "to the insured's use of another towing company, the" and insert "The".

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 35

On page 4, line 12, of the printed bill, delete "pertinent" and insert "relevant".

Moved by:    Turbak Berry
Second by:    Dempster
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 35 AS AMENDED

Moved by:    Turbak Berry
Second by:    Katus
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Koetzle, Turbak Berry, Gant, McCracken

         SB 97: require the disclosure of outstanding debts in property condition disclosure statements.

Presented by:    Senator Bill Napoli
        Julie Mueller, Self, Roger Frye's Paint & Supply Inc.
Proponents:    Mike Wilds, SD Land Title Assoc.
        Dean Krogman, SD Assn. Of Realtors

MOTION:     AMEND SB 97

On page 2, line 20, of the printed bill, delete " or outstanding debts ".

On page 2, line 21, after "mortgage" insert " ; or have any materials or services been provided in the past one hundred twenty days that would create a lien against the property under chapter 44-9 ".

Moved by:    Turbak Berry
Second by:    Katus
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 97

On page 3, line 20, of the printed bill, overstrike "32-" and insert " 10-13-39 ".

On page 3, line 21, overstrike "3-1".

Moved by:    Dempster
Second by:    Turbak Berry
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 97 AS AMENDED

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Koetzle, Turbak Berry, Gant, McCracken

MOTION:     AMEND TITLE OF SB 97

On page 1, line 1, of the printed bill, after "to" delete "require the disclosure of outstanding debts in" and insert "revise certain provisions regarding".

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by voice vote.

MOTION:     PLACE SB 97 ON CONSENT CALENDAR

Moved by:    Katus
Second by:    Dempster
Action:    Prevailed by voice vote.

         SB 124: revise certain provisions related to format standards for real estate documents.

Presented by:    Senator Kenneth Albers

Passed gavel to Vice Chair, Senator Gant.

Proponents:    Mike Wilds, SD Land Title Assoc.

Passed gavel back to Chair, Senator McCracken.

MOTION:     DO PASS SB 124

Moved by:    Abdallah
Second by:    Dempster
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Koetzle, Turbak Berry, Gant, McCracken

MOTION:     PLACE SB 124 ON CONSENT CALENDAR

Moved by:    Abdallah
Second by:    Dempster
Action:    Prevailed by voice vote.

         SJR 2: To propose a constitutional amendment to repeal the right to work provisions of the State Constitution.

Presented by:    Senator Gil Koetzle
Proponents:    Paul Aylward, SD AFSCME 59 Dakotas Public Employees Union (Doc. 3)
        Mark Anderson, SD State Federation of Labor AFL-CIO
        Sandra Waltman, SD Education Assn.
Opponents:    David Owen, SD Chamber of Commerce & Industry
        Bob Riter Jr., Nat'l Federation of Independent Business
        Shawn Lyons, SD Retailers Association
        Deb Mortenson, Association of General Contractors

MOTION:     DO PASS SJR 2

Moved by:    Katus
Second by:    Koetzle
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SJR 2 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Gant
Second by:    Dempster
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Abdallah, Dempster, Gant, McCracken

Voting No:    Katus, Koetzle, Turbak Berry

         SB 94: repeal certain provisions relating to the right to work upon the contingency of repealing the right to work provisions of the Constitution.

Presented by:    Senator Gil Koetzle
Proponents:    Paul Aylward, SD AFSCME 59 Dakotas Public Employees Union
        Mark Anderson, SD State Federation of Labor AFL-CIO
        Sandra Waltman, SD Education Assn.
Opponents:    David Owen, SD Chamber of Commerce & Industry
        Bob Riter Jr., Nat'l Federation of Independent Business
        Shawn Lyons, SD Retailers Association
        Deb Mortenson, Association of General Contractors

MOTION:     DO PASS SB 94

Moved by:    Koetzle
Second by:    Katus
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 94 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Gant
Second by:    Dempster
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Abdallah, Dempster, Gant, McCracken

Voting No:    Katus, Koetzle, Turbak Berry

MOTION:     ADJOURN

Moved by:    Katus
Second by:    Gant
Action:    Prevailed by voice vote.

Cheri Hauschild

____________________________

Committee Secretary

Royal “Mac” McCracken, Chair

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