73rd Legislative Session -- 1998
Committee: House Commerce
Thursday, January 22, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Fischer-Clemens
P
Gleason
P
Schaunaman
P
Sperry
P
Broderick
P
Brown (Gary)
P
Brown (Jarvis)
P
Konold
P
Rost
P
Smidt
P
Windhorst
P
Pederson (Gordon), Vice-Chair
P
Roe, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Vice Chair Pederson
MOTION:
TO APPROVE THE MINUTES OF Jan 20, 1998
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Schaunaman
Action:
Prevailed by voice vote.
Gavel was given over to Chair Roe
HB 1042:
to revise certain authority relating to installment loan licensing and
lending requirements.
Proponents:
Richard Duncan, Division of Banking
John Brown, SD Consumers Finance
Bob Sahr, SDBA
Jim Hood, SD Retailers
Dean Krogman, Ind Community Bankers
R.Van Johnson, SD Auto Dealers
MOTION:
AMEND HB 1042
j-1042a
On page
1
,
delete line
7 of the printed bill
.
On page
1
,
delete lines
13
to
16
, inclusive
.
On page
2
,
delete line
1
.
On page
2
,
delete lines
10
to
17
, inclusive
.
On page
3
,
delete lines
3
and
4
.
On page
4
,
delete lines
10
to
12
, inclusive
,
and insert:
"
Section 7. If the application of an existing licensee is for an additional location, the application
need only include the location and identity of the location manager, plus any changes from the
existing license, or such other information the director may consider necessary.
"
On page
3
,
line
16
,
after "
days
"
and insert "
of receipt of any application.
"
On page
3
,
delete line
17
.
On page
4
,
line
6
,
delete "
a hearing
"
and insert "
review
"
.
On page
4
,
line
7
,
delete everything after "
findings.
"
.
On page
4
,
delete lines
8
and
9
.
On page
4
,
delete lines
10
to
12
, inclusive
,
and insert:
"
Section 11. After procuring such license from the Division of Banking, the licensee may engage
in the business of making loans and may contract for and receive interest charges and other fees at
rates, amounts, and terms as agreed to by the parties which may be included in the principal balance
of the loan and specified in the contract.
"
On page
7
,
delete lines
19
to
24
, inclusive
,
and insert:
"
Section 29. Any licensee may advertise in any medium. No licensee may advertise any statement
or representation, including rates, terms, or conditions for making or negotiating loans that is false,
misleading, or deceptive, or that refers to the supervision of business by the state.
"
On page
8
,
delete line
1
.
Moved by:
Representative Gleason
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1042
j-1042
On page
9
,
after line
17 of the printed bill
,
insert:
"
Section 36. The provisions of this Act do not apply to any person selling goods or services and
providing financing for such goods or services.
"
Moved by:
Representative Broderick
Second by:
Representative Smidt
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1042
j-1042c
On page
1
,
after line
6 of the printed bill
,
insert:
"
(1A) "Commission," the State Banking Commission;
(1B) "Director," the director of the Division of Banking of the Department of Commerce and
Regulation;
(1C) "Division," the Division of Banking;
"
Moved by:
Representative Rost
Second by:
Representative Windhorst
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1042 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Konold
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Gary), Brown
(Jarvis), Konold, Rost, Smidt, Windhorst, Pederson (Gordon), Roe
HB 1045:
to provide for the licensing of loan production offices.
Proponents:
Richard Duncan, Division of Banking
Tom Adam, SD Bankers Assn
Dean Krogman,Ind. Community Bankers
MOTION:
AMEND HB 1045
j-1045a
On page
2
,
line
21 of the printed bill
,
delete "
state or national
"
.
Moved by:
Representative Smidt
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote
MOTION:
DO PASS HB 1045 AS AMENDED
Moved by:
Representative Schaunaman
Second by:
Representative Broderick
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Gary), Brown
(Jarvis), Konold, Rost, Smidt, Windhorst, Pederson (Gordon), Roe
MOTION:
PLACE HB 1045 ON CONSENT
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Schaunaman
Action:
Prevailed by voice vote.
HB 1047:
to revise certain provisions regarding the licensing of marriage and family
therapists.
Proponents:
Jim Carlon, Board of Counseling
MOTION:
DO PASS HB 1047
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Gary), Brown
(Jarvis), Konold, Rost, Smidt, Windhorst, Pederson (Gordon), Roe
MOTION:
PLACE HB 1047 ON CONSENT
Moved by:
Representative Schaunaman
Second by:
Representative Pederson (Gordon)
Action:
Prevailed by voice vote.
HB 1048:
to revise certain provisions regarding the Board of Counselor Examiners and the
regulation of counseling.
Proponents:
Jim Carlon, Board of Counseling
MOTION:
AMEND HB 1048
j-1048
On page
2
,
delete lines
8
to
11 of the printed bill
, inclusive
,
and insert "
and which includes
"
.
On page
2
,
line
12
,
delete "
lifestyle and career development and
"
.
Moved by:
Representative Windhorst
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1048 AS AMENDED
Moved by:
Representative Fischer-Clemens
Second by:
Representative Broderick
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Gary), Brown
(Jarvis), Konold, Rost, Smidt, Windhorst, Pederson (Gordon), Roe
MOTION:
PLACE HB 1048 ON CONSENT
Moved by:
Representative Fischer-Clemens
Second by:
Representative Pederson (Gordon)
Action:
Prevailed by voice vote.
HB 1049:
to revise certain provisions regarding the licensing of certain counselors and to
repeal certain provisions relating to the licensing of counselor associates.
Proponents:Jim Carlon, Board of Counseling
Doug Hajek, SD Psychologists Assn
MOTION:
AMEND HB 1049
j-1049
On page
4
,
line
22 of the printed bill
,
after "
standards
"
delete "
,
"
.
On page
4
,
line
23
,
delete "
procedures, and fees
"
.
On page
4
,
line
23
,
after "
practice
"
overstrike "
,
"
.
On page
4
,
line
23
,
after "
for the
"
insert "
and establish procedures and fees for
"
.
Moved by:
Representative Fischer-Clemens
Second by:
Representative Smidt
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1049
j-1049a
On page
2
,
line
10 of the printed bill
,
overstrike "
no more than
"
.
On page
2
,
line
11
,
delete "
six hundred hours
"
and insert "
all
"
.
On page
2
,
line
11
,
overstrike "
may
"
and insert "
shall
"
.
On page
2
,
line
11
,
overstrike "
prior
"
and insert "
subsequent
"
.
Moved by:
Representative Schaunaman
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1049 AS AMENDED
Moved by:
Representative Fischer-Clemens
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Gary), Brown
(Jarvis), Konold, Rost, Smidt, Pederson (Gordon), Roe
Voting no:
Windhorst
HB 1043:
to revise the length of time financial responsibility must be maintained by certain
persons to have driving privileges.
Proponents:
Cindy Gerber, Dept of Commerce , Licensing
Darla Lyon, Director of Insurance, Commerce & Regulation
MOTION:
DO PASS HB 1043
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Gleason
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Fischer-Clemens, Gleason, Schaunaman, Sperry, Broderick, Brown (Gary), Brown
(Jarvis), Konold, Rost, Smidt, Windhorst, Pederson (Gordon), Roe
MOTION:
PLACE HB 1043 ON CONSENT
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Schaunaman
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Schaunaman
Action:
Prevailed by voice vote.
Margaret Nickels
_________________________________
Committee Secretary
Robert A. Roe, Chair
../01220800.HCO Page 1