73rd Legislative Session -- 1998

Committee: House Commerce

Tuesday, January 27, 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 Chair Roe


MOTION:      TO APPROVE THE MINUTES OF January 22

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

          HB 1115:   to allow school districts to sell real property by using a real estate agent.

Proponents:      Representative Hunt, Sponsor
          Dean Krogman, SD Realtors Assn

MOTION:      DO PASS HB 1115

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Schaunaman
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 1115 ON CONSENT

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

          HB 1172:   to revise certain provisions regarding the filing of financing statements and continuation statements.

Proponents:      Representative Hunt, Sponsor
          Bob Sahr, SDBA

MOTION:      DO PASS HB 1172

Moved by:      Representative Broderick
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

MOTION:      PLACE HB 1172 ON CONSENT

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

          HB 1198:   to revise certain provisions relating to earnings subject to garnishment.

Proponents:      Representative Gabriel, Sponsor
          Vern Larson, State Auditor

MOTION:      DO PASS HB 1198

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Smidt
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 1198 ON CONSENT

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

          HB 1204:   to allow the notation of a lien on the manufacturer's statement of origin or the manufacturer's certificate of origin for a motor vehicle or a boat.

Proponents:      R.Van Johnson, SD Auto Dealers Assn
          Tom Adam, SDBA
          Dean Krogman, Ind Community Bankers

MOTION:      AMEND HB 1204

j-1204

     On page 1 , line 9 of the printed bill , delete " is created " .


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

MOTION:      DO PASS HB 1204 AS AMENDED

Moved by:      Representative Broderick
Second by:      Representative Pederson (Gordon)
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 1204 ON CONSENT

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

          HB 1156:   to repeal the recording of certain licenses at the register of deeds office and to require the licenses and renewal certificates to be displayed.

Proponents:      Representative Monroe, Sponsor
          Richard Sattgast, Assn of County Officials
          Jim Hood, Chiropractor's Assn SD

MOTION:      DO PASS HB 1156

Moved by:      Representative Fischer-Clemens
Second by:      Representative Rost
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 1156 ON CONSENT

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

          HB 1072:   to provide for the impoundment of certain uninsured vehicles.



          DEFER HB 1072 UNTIL FEBRUARY 3


          HB 1139:   to revise the procedures for conducting an auction sale of new merchandise.

Proponents:      Representative Napoli
          Sponsor:Dick Stattgart, SD Assn of Co. Officials

MOTION:      AMEND HB 1139

f-1139

     On page 4 , of the printed bill , delete lines 21 to 24 , inclusive , and insert:

"      Section 12. That § 37-14-13 be repealed.

     37-14-13.   Within ten days after the last day of said auction the applicant shall file in duplicate with the county auditor an inventory of all merchandise sold at such auction and the price received therefor which said inventory shall be verified. The county auditor shall, immediately after receiving such report, forward a copy thereof to the secretary of revenue.
"


     On page 5 , delete lines 1 and 2 .


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

MOTION:      DO PASS HB 1139 AS AMENDED

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Schaunaman
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 1139 ON CONSENT

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

MOTION:      ADJOURN

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



Margaret Nickels

_________________________________

Committee Secretary
Robert A. Roe, Chair


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