72nd Legislative Session -- 1997

Committee: House Commerce

Thursday, February 27, 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 25 as corrected

Moved by:      Representative Broderick
Second by:      Representative Rost
Action:      Prevailed by voice vote.

          SB 126:   to permit the Department of Commerce and Regulation to provide the driving record of policyholders to insurance companies.

Proponents:      Representative Hunt, Sponsor
          Ron Olinger, Explore Information Service
Opponents:      None

MOTION:      DO PASS SB 126

Moved by:      Representative DeMersseman


Second by:      Representative Brown (Jarvis)
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Jarvis), Konold, Pederson (Gordon), Rost, Smidt, DeMersseman, Roe

Excused:      Windhorst

MOTION:      PLACE SB 126 ON CONSENT

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Broderick
Action:      Prevailed by voice vote.

          SB 165:   to authorize the State Electrical Commission to establish a biennial license fee for a maintenance electrician's license.

        Gavel passed to Vice Chair DeMersseman

Proponents:      Representative Roe, Prime Sponsor
          Ron Nagle, SDEC (Handout)
          Francis Wingert, SDEC, Sioux Falls, SD
Opponents:      None

MOTION:      DO PASS SB 165

Moved by:      Representative Gleason
Second by:      Representative Fischer-Clemens
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Jarvis), Konold, Pederson (Gordon), Rost, Smidt, DeMersseman, Roe

Excused:      Windhorst

MOTION:      PLACE SB 165 ON CONSENT

Moved by:      Representative Fischer-Clemens
Second by:      Representative Schaunaman
Action:      Prevailed by voice vote.

          SB 138:   to authorize sheriffs to collect fees for expenses incurred in executing court orders.

        Gavel returned to Chair

Proponents:      Senator Hunhoff, Prime Sponsor
Opponents:      Jason Harris, SD Trial Lawyers Association

MOTION:      AMEND SB 138

j-138a

     On page 1 , line 6 of the Senate Judiciary committee engrossed bill , after " expenses " insert " that are not otherwise provided for under the laws of South Dakota and " .

     On page 1 , line 7 , after " order. " insert " Before incurring any expenses under this section, the sheriff shall first provide an estimate of the reasonable expenses to be incurred to the party who requested the services. The sheriff may not incur any expenses under this section without the prior consent of the party who requested the services. "

     On page 1 , line 7 , delete " initiated the court " and insert " requested the services " .

     On page 1 , line 8 , delete " action " .


Moved by:      Representative Schaunaman
Second by:      Representative Gleason
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 138 AS AMENDED

Moved by:      Representative Gleason
Second by:      Representative Schaunaman
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 138 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Broderick
Second by:      Representative Konold
Action:      Prevailed by roll call vote.   (7-5-1-0)

Voting yes:      Sperry, Broderick, Konold, Pederson (Gordon), Rost, Smidt, DeMersseman

Voting no:      Fischer-Clemens, Gleason, Schaunaman, Brown (Jarvis), Roe

Excused:      Windhorst

          SB 211:   to assure payment of health benefits for injuries sustained by an insured person operating a motor vehicle under the influence of alcohol or drugs.



Proponents:      Senator Drake, Prime Sponsor (Handout)
          Randy Moses, Division of Insurance
Opponents:      Dennis Duncan, Dakotacare
          Darla Pollman Rogers, Health Insurance Assn of America
          Mike Shaw, American Family Insurance

MOTION:      AMEND SB 211

j-211c

     On page 1 , line 8 of the Senate engrossed bill , after " person " insert " who is less than twenty-one years of age " .

     On page 1 , line 14 , after " person " insert " who is less than twenty-one years of age " .

     On page 2 , line 4 , after " person " insert " who is less than twenty-one years of age " .

     On page 2 , line 10 , after " person " insert " who is less than twenty-one years of age " .

     On page 2 , line 16 , after " person " insert " who is less than twenty-one years of age " .

     On page 2 , line 21 , after " person " insert " who is less than twenty-one years of age " .


Moved by:      Representative Brown (Jarvis)
Second by:      Representative Broderick
Action:      Failed by voice vote.
        
        Gavel passed to vice chair

        
MOTION:      AMEND SB 211

j-211f

     On page 3 , line 1 of the Senate engrossed bill , delete " felony " and insert " crime " .


Moved by:      Representative Broderick
Second by:      Representative Roe
Action:      Failed by voice vote.

        Gavel passed back to Chair


MOTION:      DO PASS SB 211

Moved by:      Representative DeMersseman
Second by:      Representative Rost
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Fischer-Clemens, Gleason, Schaunaman, Sperry, Brown (Jarvis), Rost, DeMersseman

Voting no:      Broderick, Konold, Pederson (Gordon), Smidt, Windhorst, Roe

MOTION:      ADJOURN

Moved by:      Representative Broderick
Second by:      Representative Brown (Jarvis)
Action:      Prevailed by voice vote.



Margaret Nickels

_________________________________

Committee Secretary
Robert A. Roe, Chair


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