73rd Legislative Session -- 1998

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 Olson
Action:      Prevailed by voice vote.

MOTION:      Approve permanent rules.

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

          Chairman, Senator Shoener passed the gavel to Vice-Chairman Senator Munson.


          SB 82:   to prohibit certain deceptive acts and practices with regard to lodging establishments and campgrounds and to require that certain records be kept.

Proponents:      Leonard Johnson, Executive Secretary Inn Keepers Assoc.
          Harry Christianson, Visitor Industry Alliance
          Ray Trankle, Industry and Commerce of South Dakota
          Jerry Wheeler, SD Retailers Assoc.

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Presented by:      Senator Shoener

        Chairman Senator Shoener resumed the gavel.

          Senator Shoener delayed SB82 to bottom of the calendar


          SB 109:   to revise the rule-making authority of the director of insurance concerning stop loss or excess insurance.

Proponents:      Dick Tieszen, Self Insured Employers
          Joe Dobbs, self
          Jim Greenwood, Cummings and Roll
          Ray Trankle, SD Industry and Commerce
          Kevin Kuehn, Douglas Schools
         
Presented by:      Senator Harold Halverson

MOTION:      DO PASS SB 109

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

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

Excused:      Lawler

MOTION:      PLACE SB 109 ON CONSENT

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

          SB 82:   to prohibit certain deceptive acts and practices with regard to lodging establishments and campgrounds and to require that certain records be kept.



MOTION:      AMEND SB 82

j-82

     On page 3 , line 10 of the printed bill , delete " group " .

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

MOTION:      DO PASS SB 82 AS AMENDED

Moved by:      Senator Munson (David)
Second by:      Senator Olson
Action:      Prevailed by roll call vote.   (5-1-1-0)

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

Voting no:      Staggers

Excused:      Lawler

          SB 110:   to define the brokerage relationships available between real estate licensees and buyers, sellers, landlords, or tenants in real estate transactions, to establish the obligations owed by real estate licensees to parties to real estate transactions, and to establish certain disclosure requirements for real estate licensees.

Proponents:      Dean Krogman, SD Assoc. Retailers
          Larry Lyngstad, Ex. Director Real Estate Commission
         
Presented by:      Senator Rounds

MOTION:      DO PASS SB 110

Moved by:      Senator Munson (David)
Second by:      Senator Olson
Action:      Prevailed by roll call vote.   (5-1-1-0)

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

Voting no:      Staggers

Excused:      Lawler

          Senator Shoener deferred SB114 till the next meeting

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          SB 53:   to require the reporting of criminal convictions, to provide certain licensing penalties, and to allow certain cooperation in a multi-state waiver process regarding persons engaged in the insurance business.

Proponents:      Darla Lyon, Division of Insurance
         

MOTION:      AMEND SB 53

j-53

     On page 1 , line 7 of the printed bill , after " person " delete " , " and insert " licensed pursuant to chapter 58-30 or any " .

     On page 1 , line 7 , after " owner " delete " , " .

     On page 1 , line 8 , after " a " insert " felony or a " .

     On page 1 , line 8 , after " crime " insert " of moral turpitude " .

     On page 2 , line 4 , delete " The " and insert " For the purposes of this Act, the " .

     On page 2 , line 4 , after " licensee " insert " convicted of a felony or crime of moral turpitude " .

     On page 2 , line 6 , after " records. " insert " The provisions of this section do not affect the division's ability to otherwise exchange information or cooperate with any law enforcement agency or other authorized agency. " .

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

MOTION:      DO PASS SB 53 AS AMENDED

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

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

Excused:      Lawler

MOTION:      PLACE SB 53 ON CONSENT

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

MOTION:      ADJOURN

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

Doris J. Donner

Committee Secretary