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 Olson
Second by:      Senator Valandra
Action:      Prevailed by voice vote.

          HB 1052:   to revise certain requirements regarding the sale of a mobile home or manufactured homes by a dealer or a real estate salesperson or broker.

Proponents:      Deb Hillmer, Director, Division Motor Vehicle

MOTION:      DO PASS HB 1052

Moved by:      Senator Lawler
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 1052 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Olson

---

Action:      Prevailed by voice vote.

          HB 1045:   to provide for the licensing of loan production offices.

Proponents:      Ross Johnson, Division of Banking

MOTION:      DO PASS HB 1045

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 1045 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Munson (David)
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, Counselors Assn

MOTION:      DO PASS HB 1049

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

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

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

Proponents:      Senator Flowers
          Representative Napoli
          Richard Sattgast, SDACO

MOTION:      DO PASS HB 1139

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 1139 ON CONSENT

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

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

Proponents:      Vern Larson, State Auditor

MOTION:      DO PASS HB 1198

Moved by:      Senator Lawler
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 1198 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Daugaard
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, Executive Vice-President, Auto Dealers Assocaition
          Tom Adam, SD Banking Association
          Dean Krogman, Independent Community Bankers.

MOTION:      AMEND HB 1204

j-1204a

     On page 3 , after line 13 of the House Commerce committee engrossed bill , insert:

"
     Section 6. That § 32-3-38 be amended to read as follows:

     32-3-38.   The holder of a mortgage, trust receipt, conditional sales contract, mechanic's lien , or similar instrument, upon presentation of the instrument certificate of title to the office of the titled owner's county register of deeds, together with the certificate of title and the fee prescribed by this chapter, may have a notation of the lien made on the face of the certificate of title. The county register of deeds shall enter the notation and the date thereof over the signature of the officer or deputy and the seal of office. The register of deeds on that day shall notify the department, which shall note the lien

on the state's computer system, if the county register of deeds has not done so. The register of deeds shall also indicate by appropriate notation and on the instrument itself the fact that the lien has been noted on the certificate of title. "

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

MOTION:      TO AMEND TITLE OF HB 1204

j-1204t

     On page 1 , line 2 of the House Commerce committee engrossed bill , after " boat " insert " and to remove the requirement that the notation of a lien be placed on certain documents " .

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

MOTION:      DO PASS HB 1204 AS AMENDED

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 1204 ON CONSENT

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

MOTION:      ADJOURN

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

Doris J. Donner

Committee Secretary