92
nd Legislative Session _ 2017
Committee: House Commerce and Energy
Wednesday, February 01, 2017
P - Present
E - Excused
A - Absent
Roll Call
P Beal
P Gosch
P Greenfield (Lana)
P Hawley
P Johnson
E May
P McCleerey
P Mills
P Pischke
P Steinhauer
P Willadsen
P Zikmund, Vice-Chair
P Rounds, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Rounds, Chairman.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 25, 2017
Moved by: Gosch
Second by: McCleerey
Action: Prevailed by voice vote.
HB 1066: revise certain provisions concerning exemptions from the licensing requirements
for motor vehicle dealers.
Presented by: Representative Rhoden
Proponents: Daniel Ainslie, City of Sturgis
Myron Rau, South Dakota Auto Dealers Association
Lisa Weyer, Department of Revenue
MOTION: AMEND HB 1066
1066wa
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That § 32-6B-5.1 be amended to read:
32-6B-5.1. The following persons do not need to be licensed A license issued pursuant to this
chapter if the person meets is not necessary in the following conditions:
(1) Any person engaged in the business of manufacturing trailers may display but may not sell
any trailers at an event, if the event lasts three or more days and if the person registers
with and purchases a permit from the Department of Revenue. If the permit is purchased
in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day fifteen-day temporary permit. However, if If the permit is purchased at the event, the
person shall pay a fee of five hundred dollars for the temporary permit. Any person found
to be in violation of the provisions of this subdivision shall be denied a temporary permit
for a period of one year from the date of violation;
(2) Any person may sell motorcycles at an event, if the event lasts three or more days and if
the person registers and purchases a permit from the Department of Revenue. Before
issuance of a permit, the person shall provide proof the person is a licensed dealer in the
person's own state and has no outstanding dealer violations. The permit may only be
issued if the new motorcycles being sold are not franchised in this state. If
the permit is
purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars
for a
ten-day fifteen-day temporary permit.
However, if If the permit is purchased at the
event, the person shall pay a fee of five hundred dollars for the temporary permit. Any
person found to be in violation of the provisions of this subdivision shall be denied a
temporary permit for a period of one year from the date of violation;
(3) Any person may sell trailers at an event, if the event lasts three or more days and if the
person registers and purchases a permit from the Department of Revenue. Before issuance
of a permit, the person shall provide proof the person is a licensed dealer in the person's
own state and has no outstanding dealer violations. The permit may only be issued if the
trailers being sold are not franchised in this state. If
the permit is purchased in advance
of the event, the person shall pay a fee of two hundred fifty dollars for a
ten-day fifteen-day temporary permit.
However, regardless Regardless of whether or not there is a
franchise in this state, any person may display a trailer at such an event. However, if If the
permit is purchased at the event, the person shall pay a fee of five hundred dollars for the
temporary permit. Any person found to be in violation of the provisions of this
subdivision shall be denied a temporary permit for a period of one year from the date of
violation;
(4) Any dealer licensed in another state may sell any vehicle or motorcycle that is not titled
in South Dakota if the vehicle is at least twenty years old and the motorcycle is at least
thirty years old at a public auction on consignment if the title is issued in the name of the
dealer and the dealer purchases a permit from the Department of Revenue. Before
issuance of a permit, the dealer shall provide proof the dealer is a licensed dealer in the
dealer's own state and has no outstanding dealer violations. If the permit is purchased in
advance of the auction, the dealer shall pay a fee of two hundred fifty dollars for the
permit. However, if If the permit is purchased at or after the auction, the dealer shall pay
a fee of five hundred dollars for the temporary permit. Any dealer found to be in violation
of the provisions of this subdivision shall be denied a temporary permit for a period of one
year from the date of violation; and
(5) Any person engaged in the business of manufacturing or customizing motor vehicles may
display and offer limited demonstration but may not sell any motor vehicle at an event,
if the event lasts three or more days and if the person registers with and purchases a
permit from the Department of Revenue. If the permit is purchased in advance of the
event, the person shall pay a fee of two hundred fifty dollars for a ten-day fifteen-day
temporary permit. However, if If the permit is purchased at the event, the person shall pay
a fee of five hundred dollars for the temporary permit. This subdivision does not apply to
any customized motorcycle being built for and displayed during a sponsored event where
the participants had to qualify through competition. A permit is required if any
customized motorcycle is being displayed outside the sponsored event. Any person found
to be in violation of the provisions of this subdivision shall be denied a temporary permit
for a period of one year from the date of violation. "
Moved by: Steinhauer
Second by: Gosch
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1066 AS AMENDED
Moved by: Willadsen
Second by: Gosch
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Beal, Gosch, Greenfield (Lana), Hawley, McCleerey, Mills, Pischke, Steinhauer,
Willadsen, Zikmund, Rounds
Excused: Johnson, May
MOTION: AMEND TITLE OF HB 1066
1066wta
On page 1, line 1, delete everything after "An Act to" and insert "revise certain provisions
regarding permits for the sale of certain trailers, motorcycles, and other vehicles.".
On page 1, delete line 2.
Moved by: Willadsen
Second by: Steinhauer
Action: Prevailed by voice vote.
MOTION: PLACE HB 1066 ON CONSENT CALENDAR
Moved by: Beal
Second by: Gosch
Action: Failed by voice vote.
HB 1067: revise certain provisions concerning sales receipts maintained by temporary
vendors.
Presented by: Representative Rhoden
Proponents: Daniel Ainslie, City of Sturgis
Myron Rau, South Dakota Auto Dealers Association
Doug Schinkel, Department of Revenue
MOTION: AMEND HB 1067
1067fa
On page 1, line 13, of the printed bill, delete "or any law enforcement officer".
Moved by: Willadsen
Second by: McCleerey
Action: Prevailed by voice vote.
MOTION: DEFER HB 1067 TO THE 41
ST LEGISLATIVE DAY
Moved by: Steinhauer
Second by: Hawley
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1067 AS AMENDED
Moved by: Willadsen
Second by: Beal
Action: Failed by roll call vote. (3-8-2-0)
Voting Yes: Beal, Willadsen, Rounds
Voting No: Gosch, Greenfield (Lana), Hawley, McCleerey, Mills, Pischke, Steinhauer, Zikmund
Excused: Johnson, May
THE MOTION TO DEFER HB 1067 TO THE 41
ST LEGISLATIVE DAY
Moved by: Steinhauer
Second by: Hawley
Action: PREVAILED BY ROLL CALL VOTE. (7-4-2-0)
Voting Yes: Gosch, Greenfield (Lana), Hawley, McCleerey, Pischke, Steinhauer, Zikmund
Voting No: Beal, Mills, Willadsen, Rounds
Excused: Johnson, May
HB 1078: provide for the regulation of teams and team leaders regarding real estate
transactions.
Presented by: Representative Conzet
Proponents: Dean Krogman South Dakota Association of Realtors
Jeff Nelson, Self
Representative Chase
MOTION: AMEND HB 1078
1078da
On page 10, line 9, of the printed bill, after "real estate," insert "realtor,".
Moved by: Willadsen
Second by: Zikmund
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1078 AS AMENDED
Moved by: Gosch
Second by: Zikmund
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Beal, Gosch, Greenfield (Lana), Hawley, Johnson, McCleerey, Mills, Pischke,
Steinhauer, Willadsen, Zikmund, Rounds
Excused: May
HB 1061: revise certain provisions regarding consent for correspondence through electronic
mail by enrolled customers of portable electronics.
Presented by: Representative Willadsen
Proponents: Drew Duncan, Assurion, LLC
MOTION: DO PASS HB 1061
Moved by: Gosch
Second by: Pischke
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Gosch, Greenfield (Lana), Hawley, Johnson, McCleerey, Mills, Pischke, Steinhauer,
Willadsen, Zikmund, Rounds
Voting No: Beal
Excused: May
MOTION: ADJOURN
Moved by: McCleerey
Second by: Pischke
Action: Prevailed by voice vote.
Shirley Ellewein
____________________________
Committee Secretary
Tim Rounds, Chair
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