72nd Legislative Session -- 1997
Committee: House Commerce
Thursday, February 6, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Fischer-Clemens
P
Gleason
P
Schaunaman
P
Sperry
P
Broderick
P
Brown (Jarvis)
P
Konold
P
Pederson (Gordon)
P
Rost
P
Smidt
P
Windhorst
P
DeMersseman, Vice-Chair
P
Roe, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Roe.
MOTION:
TO APPROVE THE MINUTES OF Feb 4
Moved by:
Representative Gleason
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
HB 1008:
to prohibit discriminatory pricing of drugs by manufacturers and to
establish a penalty.
Proponents:
Rep Chicoine, Prime Sponsor
Ken Meyer,SD Peace & Justice Center
Sen Kloucek (Handouts)
Bob Riter, SD Pharmacists Assn SD
Opponents:
Dennis Duncan, PHRMA
David Remes, PHRMA
Dean Krogman, SD Medical Associates
MOTION:
DEFER HB 1008 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Broderick
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Fischer-Clemens, Broderick, Brown (Jarvis), Konold, Pederson (Gordon), Rost,
Smidt, Windhorst, DeMersseman, Roe
Voting no:
Gleason, Sperry
Excused:
Schaunaman
HB 1182:
to revise the places where vending machines selling tobacco products
may be located.
Proponents:
Representative Fiegen, Prime Sponsor
Dr Allen Nord, SD IMPACT Coalition (Handout)
Dean Krogman, SD Medical Assn
Jerry Wheeler, SD Retailers
Opponents:
None
MOTION:
DO PASS HB 1182
Moved by:
Representative DeMersseman
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Fischer-Clemens, Gleason, Sperry, Broderick, Brown (Jarvis), Konold, Pederson
(Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
Excused:
Schaunaman
MOTION:
PLACE HB 1182 ON CONSENT
Moved by:
Representative Broderick
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
HB 1242:
to allow reciprocal interstate shipments of wine.
Proponents:
Rep Hagg, Prime Sponsor
Opponents:
Bill Dougherty, SO DAK Distributing
Jerry Wheeler, SD Retailers
MOTION:
AMEND HB 1242
j-1242
On page
1
,
line
4
,
delete "
three
"
and insert "
two
"
.
On page
1
,
line
4
,
delete "
calendar year
"
and insert "
month,
"
.
On page
1
,
line
10
,
delete "
three
"
and insert "
two
"
.
Moved by:
Representative DeMersseman
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1242
j-1242a
On page
1
,
line
5
,
delete "
without payment of state tax, fees, or charges
"
.
On page
1
,
line
6
,
delete "
For tax purposes, receipt of a
"
.
On page
1
,
delete line
7
,
and insert "
No person who receives
"
.
On page
1
,
line
13
,
delete "
without payment of additional state tax, fees, or charges
"
.
Moved by:
Representative Broderick
Second by:
Representative Pederson (Gordon)
Action:
Failed by voice vote.
MOTION:
DO PASS HB 1242 AS AMENDED
Moved by:
Representative DeMersseman
Second by:
Representative Konold
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Sperry, Konold, Rost, Windhorst, DeMersseman, Roe
Voting no:
Fischer-Clemens, Gleason, Broderick, Brown (Jarvis), Pederson (Gordon), Smidt
Excused:
Schaunaman
MOTION:
DEFER HB 1242 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Broderick
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Fischer-Clemens, Gleason, Sperry, Broderick, Brown (Jarvis), Pederson (Gordon),
Smidt
Voting no:
Konold, Rost, Windhorst, DeMersseman, Roe
Excused:
Schaunaman
HB 1207:
to allow certain malt beverage manufacturers to serve wine for
consumption on their premises.
Proponents:
Representative deHuick, Prime Sponsor
Dick Tiesen, Representing Chances Are
Opponents:
None
MOTION:
DO PASS HB 1207
Moved by:
Representative DeMersseman
Second by:
Representative Pederson (Gordon)
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Fischer-Clemens, Gleason, Sperry, Broderick, Brown (Jarvis), Konold, Pederson
(Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
Excused:
Schaunaman
MOTION:
PLACE HB 1207 ON CONSENT
Moved by:
Representative Gleason
Second by:
Representative DeMersseman
Action:
Prevailed by voice vote.
HB 1269:
to revise certain provisions of uniform commercial code.
Proponents:
Rep DeMersseman, Prime Sponsor
Tom Leckey, Office of Sec of State
Tom Adam, SD Bankers Assn
Opponents:
None
MOTION:
AMEND HB 1269
j-1269
On page
1
,
line
8
,
remove the overstrikes from "
and thereafter for a period of sixty days
"
.
On page
1
,
line
10
,
remove the overstrikes from "
and thereafter for a period
"
.
On page
1
,
line
11
,
remove the overstrikes from "
of sixty days
"
.
On page
1
,
line
12
,
remove the overstrikes from "
and sixty-day
"
.
On page
1
,
line
15
,
remove the overstrikes from "
and thereafter for a period
"
.
On page
1
,
line
16
,
remove the overstrikes from "
of sixty days
"
.
On page
1
,
line
16
,
remove the overstrikes from "
and sixty-day
"
.
On page
2
,
line
4
,
after "
lapse.
"
insert "
This subsection applies to financing statements which
were filed before July 1, 1997.
"
On page
2
,
between lines
4
and
5
,
insert "
(2A) Commencing July 1, 1997, and except as provided
in subsection (6), a filed financing statement is effective for a period of five years from the date of
filing. A filed financing statement which states that the obligation secured is payable on demand is
effective for five years from the date of filing. The effectiveness of a filed financing statement lapses
on the expiration of the five-year period unless a continuation statement is filed prior to the lapse.
If a security interest perfected by filing exists at the time insolvency proceedings are commenced by
or against the debtor, the security interest remains perfected until termination of the insolvency
proceedings and thereafter for a period of sixty days or until the expiration of the five-year period,
whichever occurs later. Upon such lapse the security interest becomes unperfected, unless it is
perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have
been unperfected as against a person who became a purchaser or lien creditor before lapse.
"
On page
4
,
line
23
,
delete "
Continuation statement expiration dates filed prior to July, 1997,
shall remain in
"
and insert "
The expiration date established by a financing statement filed prior to
July 1, 1997, whether or not continued by a continuation statement shall remain in full force and
effect and is not diminished by this Act.
"
On page
4
,
delete line
24
.
Moved by:
Representative DeMersseman
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1269 AS AMENDED
Moved by:
Representative Broderick
Second by:
Representative Roe
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Fischer-Clemens, Gleason, Sperry, Broderick, Brown (Jarvis), Konold, Pederson
(Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
Excused:
Schaunaman
MOTION:
TO AMEND TITLE OF HB 1269
j-1269t
On page
1
,
line
1
,
after "
of
"
insert "
the
"
.
Moved by:
Representative DeMersseman
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
PLACE HB 1269 ON CONSENT
Moved by:
Representative Pederson (Gordon)
Second by:
Representative DeMersseman
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
Margaret Nickels
_________________________________
Committee Secretary
Robert A. Roe, Chair
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