72nd Legislative Session -- 1997

Committee: Senate Commerce

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Daugaard
P      Lawler
P      Olson
P      Staggers
P      Valandra
P      Munson (David), Vice-Chair
P      Shoener, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Shoener

MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING

Moved by:      Senator Lawler
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          HB 1155:   to revise the requirement that certain inactive employers establish new unemployment compensation experience-rating accounts.

Proponents:      Representative Pederson, Prime Sponsor

MOTION:      DO PASS HB 1155

Moved by:      Senator Lawler
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Munson (David), Shoener

Excused:      Valandra

MOTION:      PLACE HB 1155 ON CONSENT

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Moved by:      Senator Lawler
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          HB 1022:   to revise certain provisions relating to the one-call notification system.

Proponents:      Russ Bartunek, SD One Call
          Doug Eidahl, SD One Call Board
          Max McCracken, Public Utilities
          Jim Keyes, Association Contractors

MOTION:      AMEND HB 1022

j-1022b

     On page 1, line 13 of the House engrossed bill, delete the underscored material.

     On page 1 , delete lines 14 and 15 .

     On page 2 , delete lines 1 to 3 , inclusive .

     On page 3 , delete lines 8 to 11 , inclusive , and insert:

    " In each notice the excavator shall describe the area to be excavated. The excavator shall flag or mark the site ".

     On page 5 , line 1, delete the underscored material.

     On page 5 , delete line 2 .

Moved by:      Senator Olson
Second by:      Senator Staggers
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1022 AS AMENDED

Moved by:      Senator Lawler
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

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          HB 1182:   to revise the places where vending machines selling tobacco products may be located.

Proponents:      Representative Feigen, Prime Sponsor
          Dean Krogman, SD Medical Association
        Brett Koenecke, SD Nurses Association

MOTION:      DO PASS HB 1182

Moved by:      Senator Lawler
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1182 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          HB 1185:   to allow banks to purchase fractional shares of common stock for the purpose of canceling the fractional shares.

Proponents:      Representative Broderick, Prime Sponsor
          Dick Duncan, Dept of Commerce, Division of Banking

MOTION:      DO PASS HB 1185

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1185 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Munson (David)
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 Shaunaman, Prime Sponsor

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MOTION:      DO PASS HB 1204

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1204 ON CONSENT

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          HB 1165:   to provide for the powers and authority of the Board of Economic Development to make loans and administer certain provisions regarding economic development.

Proponents:      Representive Jorgensen
          Bonnie Bjork, Governors Office

MOTION:      DO PASS HB 1165

Moved by:      Senator Lawler
Second by:      Senator Staggers
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

         
MOTION:      PLACE HB 1165 ON CONSENT

Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          HB 1207:   to allow certain malt beverage manufacturers to serve wine for consumption on their premises.

Proponents:      Senator Rounds, Prime Sponsor
          Dick Tieszen, Chances Are Representative

MOTION:      DO PASS HB 1207

Moved by:      Senator Olson

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Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1207 ON CONSENT

Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          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:      Doug Hiatt, Rebok Co

MOTION:      AMEND HB 1245

j-1245a

     On page 5 , line 4 of the House Commerce committee engrossed bill , after " lienholder " insert " unless the personal property is consumer goods as defined in §   57A-9-109(1) " .

     On page 5 , line 5 , after " section " insert " . For the purpose of this section, personal property for which ownership is evidenced by a certificate of title is not consumer goods " .

Moved by:      Senator Lawler
Second by:      Senator Olson
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1245

Moved by:      None
Second by:      None
Action:      Died for a lack of a second

MOTION:      DO PASS HB 1245 AS AMENDED

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

MOTION:      PLACE HB 1245 ON CONSENT

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Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          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 Monroe, Prime Sponsor
          Ken Melius, SD State Employees Organization
          Representative Windhorst

MOTION:      DO PASS HB 1265

Moved by:      Senator Staggers
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1265 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Valandra
Action:      Prevailed by voice vote.

          HB 1278:   to revise certain provisions relating to the crime victims' compensation program.

Proponents:      Mike Vogel, Dept of Social Services
          Ann Holzhauser, Dept of Social Services

MOTION:      DO PASS HB 1278

Moved by:      Senator Lawler
Second by:      Senator Olson
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1278 ON CONSENT

Moved by:      Senator Olson
Second by:      Senator Munson (David)

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Action:      Prevailed by voice vote.

          HB 1192:   to exempt certain communications and computer technologies and equipment from bidding requirements.

Proponents:      Representative Smidt, prime Sponsor
          Christie Johnson, School Administration Association
          Dave Peterson, School Business Official
        Jay Ruckdaschel, Associated School Boards of SD

MOTION:      DO PASS HB 1192

Moved by:      Senator Staggers
Second by:      Senator Valandra
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1192 ON CONSENT

Moved by:      Senator Daugaard
Second by:      Senator Olson
Action:      Prevailed by voice vote.

          HB 1269:   to revise certain provisions of the uniform commercial code.

Proponents:      Tom Leckey, Secretary of State Office
          Tom Adam, SD Bankers Association

MOTION:      DO PASS HB 1269

Moved by:      Senator Olson
Second by:      Senator Lawler
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1269 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Valandra
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Olson

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Second by:      Senator Lawler
Action:      Prevailed by voice vote.

Doris J. Donner

Committee Secretary