92nd Legislative Session _ 2017

Committee: House Commerce and Energy
Monday, February 13, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Beal
P    Gosch
P    Greenfield (Lana)
P    Hawley
P    Johnson
P    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, FEBRUARY 8, 2017

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

        THE CHAIR DEFERRED HB 1090 UNTIL WEDNESDAY, FEBRUARY 15, 2017

    HB 1175: revise the method of establishing certain interest rates.

MOTION:    AMEND HB 1175


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

"    Section 1. That § 21-1-13.1 be amended to read:

    21-1-13.1. Any person who is entitled to recover damages, whether in the principal action or by counterclaim, cross claim, or third-party claim, is entitled to recover interest thereon from the day that the loss or damage occurred, except during such time as the debtor is prevented by law, or by act of the creditor, from paying the debt. Prejudgment interest is not recoverable on future damages, punitive damages, or intangible damages such as pain and suffering, emotional distress, loss of consortium, injury to credit, reputation or financial standing, loss of enjoyment of life, or loss of society and companionship. If there is a question of fact as to when the loss or damage occurred, prejudgment interest shall commence on the date specified in the verdict or decision and shall run to, and include, the date of the verdict or, if there is no verdict, the date the judgment is entered. If necessary, special interrogatories shall be submitted to the jury. Prejudgment interest on damages arising from a contract shall be at the contract rate, if so provided in the contract; otherwise, if prejudgment interest is awarded, it shall be at the Category B rate of interest specified in § 54-3-16 a rate equal to three percent plus the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it on the day the judgment is entered. Prejudgment interest on damages arising from inverse condemnation actions shall be at the Category A rate of interest as specified by § 54-3-16 on the day judgment is entered. This section shall apply retroactively to the day the loss or damage occurred in any pending action for inverse condemnation. The court shall compute and award the interest provided in this section and shall include such interest in the judgment in the same manner as it taxes costs. "



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

        THE CHAIR DEFERRED HB 1175 UNTIL WEDNESDAY, FEBRUARY 15, 2017

    HB 1179: revise certain provisions related to exemptions from licensure for nonresidential mortgage loans.

Presented by:    Representative Lust
Proponents:    Mike Wordeman, self
        Jeremiah Murphy, South Dakota Holdings
Opponents:    Curtis Everson, South Dakota Bankers Association
        Brock Jensen, Department of Labor and Regulation

MOTION:    AMEND HB 1179

1179wa

    On page 1, line 6, of the printed bill, after "period" insert "or nonresidential loans that exceed in the aggregate three million dollars in a twelve-month period".

    On page 2, line 12, after "period" insert "that do not exceed in the aggregate three million dollars".

    On page 3, line 6, after "period" insert "that do not exceed in the aggregate three million dollars".


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

MOTION:    DO PASS HB 1179 AS AMENDED

Moved by:    Willadsen
Second by:    May
Action:    Prevailed by roll call vote. (8-5-0-0)

Voting Yes:    Beal, Gosch, Hawley, Johnson, May, Pischke, Steinhauer, Willadsen

Voting No:    Greenfield (Lana), McCleerey, Mills, Zikmund, Rounds

    HB 1181: prohibit hydraulic fracturing.

Presented by:    Representative Bordeaux
Opponents:    Steve Willard, American Petroleum Institute

        


MOTION:    DEFER HB 1181 TO THE 41ST LEGISLATIVE DAY

Moved by:    Gosch
Second by:    Beal
Action:    Prevailed by roll call vote. (9-4-0-0)

Voting Yes:    Beal, Gosch, Greenfield (Lana), Johnson, Pischke, Steinhauer, Willadsen, Zikmund, Rounds

Voting No:    Hawley, May, McCleerey, Mills

    HB 1152: establish a maximum rate of interest on debt arising out of medical services.

Presented by:    Representative Rozum (Handouts: #1)
Opponents:    Drew Duncan, South Dakota Collectors Association
        Paul Knecht, South Dakota Dental Association
        Tim Dougherty, South Dakota Chapter of American Physical Therapy Association
        Deb Mortenson, South Dakota Optometric Society
        Justin Smith, AAA Collectors
        Debra Owen, South Dakota Association of Healthcare Organizations

MOTION:    DEFER HB 1152 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Beal, Gosch, Greenfield (Lana), May, McCleerey, Mills, Pischke, Willadsen, Zikmund, Rounds

Voting No:    Hawley, Johnson

Excused:    Steinhauer

MOTION:    ADJOURN

Moved by:    Beal
Second by:    Pischke
Action:    Prevailed by voice vote.

    
Shirley Ellwein

____________________________

Committee Secretary
Tim Rounds, Chair

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