2008 Legislative Session _ 2008

Committee: House Commerce
Wednesday, January 23, 2008

                                            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 Chair Rounds.

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 16, 2008

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

MOTION:     TO INTRODUCE AT THE REQUEST OF THE GOVERNOR AN ACT TO PROVIDE OPTIONS FOR THOSE WHO ELECT CONTINUATION OF HEALTH INSURANCE.

Moved by:    Rounds
Second by:    Hunt


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

        
HB 1126: revise certain provisions regarding the issuance of on-sale wine licenses and the sale of wine.

Presented by:    Representative Charles Turbiville

MOTION:     DO PASS HB 1126

Moved by:    Dreyer
Second by:    Street
Action:    Prevailed by roll call vote. (9-2-2-0)

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

Voting No:    Hunt, Noem

Excused:    Engels, Juhnke

        
HB 1112: revise certain requirements related to the registration and authorized activities of veterinary technicians.

Presented by:    Representative Thomas Brunner
Proponents:    Peggy Behrens, Self
        Penny Dye, Self
        Sam Holland, State Veterinarian

MOTION:     AMEND HB 1112

1112ta

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

"
     Section 1. That § 36-12-21.1 be amended to read as follows:


     36-12-21.1.   Any veterinarian licensed to practice his profession veterinary medicine in the State of South Dakota may use the services of not more than two one or more registered veterinary technicians. Veterinary technicians provided for in this section before being employed by a licensed veterinarian shall be registered by the board as provided by §§ 36-12-21.3 and 36-12-21.4 and while registered and employed by a licensed veterinarian may not be are not considered to be engaged in the practice of veterinary medicine.

     Section 2. That § 36-12-21.3 be amended to read as follows:

     36-12-21.3.   An application for registry of a veterinary technician shall be filed with the board by the licensed veterinarian under whom the technician will practice. The application for registry shall set out the qualifications of the technician required by the rules of the board and the application shall be on forms provided by the board. The fee for registration of a veterinary technician is ten dollars and the shall be established by the State Board of Veterinary Medical Examiners in rules promulgated pursuant to chapter 1-26 and may not exceed fifty dollars. The fee shall accompany the application.

     Section 3. That § 36-12-21.6 be amended to read as follows:

     36-12-21.6.   A veterinary technician may only work under the direction or supervision of the licensed veterinarian or veterinarians by whom he the technician is employed. The State board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 to define the terms, direction, and, supervision.

     Section 4. That § 36-12-21.7 be amended to read as follows:

     36-12-21.7.   A veterinary technician registered under §§ 36-12-21.3 and 36-12-21.4 may not maintain or operate any office separate from the office of the licensed veterinarian by whom he the technician is employed. "

Moved by:    Hunt
Second by:    Noem
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1112

1112sa
On the previously adopted amendment (1112ta), in section 3, delete " terms, direction, and supervision " and insert " terms direction and supervision "

Moved by:    Hunt
Second by:    Engels
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1112 AS AMENDED

Moved by:    Nygaard
Second by:    Noem
Action:    Prevailed by roll call vote. (12-0-1-0)

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

Excused:    Juhnke

MOTION:     AMEND TITLE OF HB 1112

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions related to the direction, supervision, and registration fees for veterinary technicians.".

On page 1, delete line 2.


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

        
HB 1114: revise certain provisions concerning the definition and operation of farm wineries.

Prior testimony heard on January 16, 2008.

Presented by:    Representative Jamie Boomgarden

MOTION:     AMEND HB 1114

1114sa

On page 1, line 6, of the printed bill, delete everything after "(1)" and insert ""Farm winery," any winery operated by the owner of a South Dakota farm business and".

On page 1, line 8, overstrike "a majority" and insert " fifty percent or more ".




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

MOTION:     DO PASS HB 1114

Moved by:    Nygaard
Second by:    Dreyer
Action:    Prevailed by roll call vote. (11-1-1-0)

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

Voting No:    Hunt

Excused:    Juhnke

Gavel passed to Vice-Chair Willadsen.

         HB 1118: authorize the issuance of special off-sale package wine dealers licenses.

Prior testimony heard on January 16, 2008.

Presented by:    Representative Dan Ahlers

MOTION:     DO PASS HB 1118

Moved by:    Nygaard
Second by:    Boomgarden
Action:    Prevailed by roll call vote. (10-1-2-0)

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

Voting No:    Noem

Excused:    Juhnke, Pederson (Gordon)

Gavel returned to Chair Rounds.

        
HB 1008: update and revise certain provisions relating to the Abstracters' Board of

Examiners.

Presented by:    Representative Mark Willadsen
Proponents:    David Wiest, Dept. Of Rev & Reg
        Greg Wick, SD Abstracters, Board of Examiners

MOTION:     DO PASS HB 1008

Moved by:    Willadsen
Second by:    Dreyer
Action:    Prevailed by roll call vote. (12-0-1-0)

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

Excused:    Juhnke

        
HB 1013: remove certain waiting periods for property casualty filings.

Proponents:    Merle Scheiber, Division of Insurance

MOTION:     DO PASS HB 1013

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

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

Excused:    Juhnke, Pederson (Gordon)

MOTION:     PLACE HB 1013 ON CONSENT CALENDAR

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

        
HB 1009: revise provisions relating to persons engaged in the business of money transmission.

Presented by:    Representative Tom Hackl


Proponents:    Tim Ahartz, Dept of Revenue and Regulations (Handout #1)
        Curt Everson, SD Bankers Association

MOTION:     AMEND HB 1009

1009ja

On page 3, line 16, of the printed bill, after "." insert "Stored value does not include any item that is redeemable by the issuer or its affiliates in goods or services of the issuer or its affiliates.".


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

MOTION:     AMEND HB 1009

1009jb

On page 4, line 22, of the printed bill, delete everything after "," and insert "and any subcontractor, agent, or independent contractor that sells payment instruments issued by any such entity or sells such entity's money transmission services on behalf of such entity;".

On page 4, delete lines 23 and 24.

On page 5, line 1, delete "or mutual banks;".


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

MOTION:     DO PASS HB 1009 AS AMENDED

Moved by:    Nygaard
Second by:    Street
Action:    Prevailed by roll call vote. (10-1-2-0)

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

Voting No:    Hunt



Excused:    Juhnke, Noem

MOTION:     ADJOURN

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

Linda Daugaard

____________________________

Committee Secretary
Tim Rounds, Chair


../01231000.HCO
Page 1