72nd Legislative Session -- 1997
Committee: House Commerce
Tuesday, February 11, 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 Representative Roe
MOTION:
TO APPROVE THE MINUTES OF Feb 6
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
HB 1204:
to provide that funds held in an irrevocable prearranged funeral trust be
paid to a licensed funeral director, funeral establishment, or embalmer selected by
the purchaser of the prearranged funeral trust or the next of kin of the purchaser.
Proponents:
Representative Schaunaman, Prime Sponsor
Steve Willard, SD Funeral Director
Opponents:
None
MOTION:
AMEND HB 1204
r-1204
On page
2
,
line
4
,
after "
interest the
"
insert "
actual
"
.
On page
2
,
line
11
,
after "
section,
"
insert "
within thirty days after receipt of a death certificate,
"
.
Moved by:
Representative Gleason
Second by:
Representative Smidt
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1204 AS AMENDED
Moved by:
Representative DeMersseman
Second by:
Representative Gleason
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Konold, Pederson
(Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
Voting no:
Brown (Jarvis)
HB 1153:
to revise certain provisions relating to the sale of interment space in
perpetual care cemeteries.
Proponents:
Representative Hunt, Prime Sponsor
Opponents:
None
MOTION:
DO PASS HB 1153
Moved by:
Representative Brown (Jarvis)
Second by:
Representative DeMersseman
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Jarvis),
Konold, Pederson (Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
MOTION:
PLACE HB 1153 ON CONSENT
Moved by:
Representative Gleason
Second by:
Representative Konold
Action:
Prevailed by voice vote.
HB 1230:
to increase the maximum weekly benefit amount for unemployment
compensation.
Proponents:
Representative Koetzle, Prime Sponsor (Handout)
Ken Meyer, SD Peace & Justice Center
Opponents:
Bob Riter, Natl Fed of Small Business
Jerry Wheeler, SD Retailers
DonKattle, Dept of Labor
MOTION:
DO PASS HB 1230
Moved by:
Representative Gleason
Second by:
Representative Fischer-Clemens
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Brown (Jarvis), Rost
Voting no:
Broderick, Konold, Pederson (Gordon), Smidt, Windhorst, DeMersseman, Roe
MOTION:
DEFER HB 1230 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Jarvis), Konold, Pederson (Gordon), Rost, Smidt, DeMersseman, Roe
Voting no:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Windhorst
HB 1156:
to revise provisions relating to overtime compensation for certain air
rescue firefighters.
Proponents:
Representative Koetzle, Prime Sponsor
Michael Specht, International Firefighters (handout)
Dave Olson, Airguard Firefighters, Sioux Falls
Mark Anderson, Airguard Firefighters, Sioux Falls
Bob Koenig, Airguard Firefighter, Sioux Falls
Opponents:
Doug Decker, Dept of Personnel
Harry Sykora, Adj Gen Military Vets
Art Schaefer, Air Guard, Rapid City
MOTION:
DEFER HB 1156 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative DeMersseman
Second by:
Representative Konold
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Jarvis), Konold, Pederson (Gordon), Rost, Smidt, DeMersseman, Roe
Voting no:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Windhorst
MOTION:
REMOVE HB 1242 FROM TABLE
Moved by:
Representative DeMersseman
Second by:
Representative Windhorst
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Jarvis),
Konold, Rost, Smidt, Windhorst, DeMersseman, Roe
Voting no:
Pederson (Gordon)
MOTION:
IMMEDIATE CONSIDERATION OF HB 1242
Moved by:
Representative DeMersseman
Second by:
Representative Sperry
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Fischer-Clemens, Gleason, Sperry, Brown (Jarvis), Konold, Rost, Smidt,
Windhorst, DeMersseman, Roe
Voting no:
Pederson (Gordon)
Excused:
Schaunaman, Broderick
HB 1242:
to allow reciprocal interstate shipments of wine.
Proponents:
Representaive Rex Hagg
Opponents:
Bill Dougherty, SO DAK Distributors
MOTION:
AMEND HB 1242
j-1242c
On page
3
,
of the House Commerce Committee minutes of February 6, 1997,
delete lines
1
to
3
, inclusive
.
On page
1
,
line
4 of the printed bill
,
delete "
three
"
and insert "
twelve
"
.
On page
1
,
line
10
,
delete "
three
"
and insert "
twelve
"
.
On page
2
,
line
1
,
delete "
is
"
and insert "
it
"
.
On page
2
,
after line
10
,
insert:
"
Section 6. Any person who receives wine in this state pursuant to the provisions of this Act shall
pay an annual fee of thirty dollars to the Department of Revenue. The permit expires on July first.
Proceeds from this fee shall be deposited in the general fund.
"
Moved by:
Representative DeMersseman
Second by:
Representative Broderick
Action:
No Action
MOTION:
SUBSTITUTE MOTION AMEND HB 1242
j-1242d
On page
3
,
of the House Commerce Committee minutes of February 6, 1997,
delete lines
1
to
3
, inclusive
.
On page
1
,
line
4 of the printed bill
,
delete "
three
"
and insert "
six
"
.
On page
1
,
line
10
,
delete "
three
"
and insert "
six
"
.
On page
2
,
line
1
,
delete "
is
"
and insert "
it
"
.
On page
2
,
after line
10
,
insert:
"
Section 6. Any person who receives wine in this state pursuant to the provisions of this Act shall
pay an annual fee of fifteen dollars to the Department of Revenue. The permit expires on July first.
Proceeds from this fee shall be deposited in the general fund.
"
Moved by:
Representative Windhorst
Second by:
None
Action:
Died for a lack of a second
CHAIR DEFERRED HB 1242 UNTIL Thursday, February 13
HB 1245:
to define self-service storage facilities, to provide a lien on all personal
property stored at such facilities, and to provide a procedure for the enforcement
of such lien.
Proponents:
Representative Richter, Prime Sponsor
Doug Hajek, Elman Enterprises, Sioux Falls, SD
Opponents:
None
MOTION:
AMEND HB 1245
r-1245
On page
2
,
line
17
,
delete "
The lien provided for in this section
"
.
On page
2
,
line
18
,
delete "
is superior to any other lien or security interest.
"
.
On page
2
,
line
18
,
after "
The lien
"
insert "
provided in this Act
"
.
On page
2
,
line
19
,
after "
.
"
insert "
The lien provided in this Act is prior to any other lien or
security interest, except for those liens and security interests which were perfected before the date
of attachment of the lien hereunder.
"
.
On page
2
,
line
21
,
after "
occupant
"
insert "
and the holder of any lien
"
.
On page
2
,
line
22
,
delete "
certified
"
and insert "
regular first class
"
.
On page
2
,
line
22
,
after "
mail
"
insert "
postage prepaid
"
.
On page
2
,
line
23
,
after "
occupant
"
insert "
and lienholders
"
.
On page
3
,
line
3
,
delete "
A
"
and insert "
If known to the owner, a
"
.
On page
4
,
line
24
,
delete "
persons against whom the lien
"
and insert "any person, but subject
to the rights of any prior lienholder,".
On page 5, line 1, delete "was valid".
On page
5
,
line
3
,
after "
may
"
insert "
, after satisfying all prior liens,
"
.
On page
5
,
line
3
,
after "
lien
"
insert "
pursuant to this Act
"
.
On page
5
,
line
12
,
after "
.
"
insert "
For purposes of this Act, a rental agreement is deemed
extended or renewed if it continues on a month-to-month basis.
"
.
Moved by:
Representative DeMersseman
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1245 AS AMENDED
Moved by:
Representative DeMersseman
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Jarvis),
Konold, Pederson (Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
HB 1265:
to direct the Bureau of Personnel to analyze the financial feasibility of,
and if found to be feasible, design a medical savings account program as an
additional health coverage option for enrollees of the public employee group health
insurance plan.
Proponents:
Representative Jeff Monroe, Prime Sponsor
Ken Melius, SDSEO
Doug Decker, Bureau of Personnel
Representative Windhorst, Sponsor
Opponents:
None
MOTION:
DO PASS HB 1265
Moved by:
Representative Smidt
Second by:
Representative Broderick
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Jarvis),
Konold, Pederson (Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
SB 120:
to clarify certain provisions relating to insurance arbitration between
insurance companies.
Proponents:
Ron Schmidt, Reinsurance Assn of America
Opponents:
None
MOTION:
DO PASS SB 120
Moved by:
Representative DeMersseman
Second by:
Representative Broderick
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Jarvis),
Konold, Pederson (Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
MOTION:
PLACE SB 120 ON CONSENT
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
HB 1239:
to eliminate the fee for the release of certain security interests and
authorize a larger filing fee.
Proponents:
Representative Kazmerzak,Prime Sponsor
Opponents:
None
MOTION:
TO TABLE HB 1239
Moved by:
Representative Schaunaman
Second by:
Representative DeMersseman
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Jarvis),
Konold, Pederson (Gordon), Rost, Smidt, Windhorst, DeMersseman, Roe
MOTION:
ADJOURN
Moved by:
Representative Broderick
Second by:
Representative Pederson (Gordon)
Action:
Prevailed by voice vote.
Margaret Nickels
_________________________________
Committee Secretary
Robert A. Roe, Chair
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