74th Legislative Session -- 1999

Committee: House Commerce

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brown (Jarvis)
P      Diedtrich (Elmer)
P      Fischer-Clemens
P      Koehn
P      Konold
P      Michels
P      Patterson
P      Solum
P      Sutton (Duane)
P      Wilson
P      Windhorst
P      Peterson, 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 February 11

Moved by:      Representative Diedtrich (Elmer)
Second by:      Representative Windhorst
Action:      Prevailed by voice vote.

          HB 1302:   prohibit certain deceptive advertising in telephone directories.

Proponents:      Ron Olinger, SD Retailers Assn
          Wally Thompson, Pierre Flower Shop
          Charlie McGuigan, Attorney General's Office
Opponents:      Dave Hewett, SD Newspaper Assn
          Mac McCracken, US West
Presented by:      Representative Garnos, Sponsor

MOTION:      DEFER HB 1302 UNTIL THE 41ST LEGISLATIVE DAY

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Moved by:      Representative Sutton (Duane)
Second by:      Representative Patterson
Action:      Withdrawn.

MOTION:      TO TABLE HB 1302

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

Voting yes:      Brown (Jarvis), Fischer-Clemens, Koehn, Konold, Patterson, Solum, Sutton (Duane)

Voting no:      Diedtrich (Elmer), Michels, Wilson, Windhorst, Peterson, Roe

          HB 1283:   revise certain provisions related to the licensing and regulation of the practices of architecture, engineering, land surveying, landscape architecture, petroleum release assessment, and petroleum release remediation and to the certification of environmental technical services.

Proponents:      Ann Whipple, Engr & Architecture
          Jack Dozzi, Self, Rapid Ciry, SD
          Ray Hengel, Arcitect & Bd of Technical Professionals
          Howard Paul, Design Professionals Coalition
          Jim Heroux, AIASD
          Larry Zickmund, Associated General Contractors
        Ron Schmidt, Design Professional Coalition
Opponents:      Paul Nabholz, Self, Edgemont, SD (Handout a)

MOTION:      AMEND HB 1283

j-1283b

     On page 3 , delete lines 3 and 4 of the printed bill .

     On page 3 , line 5 , delete " (12) " and insert " (11) " .

     On page 3 , line 7 , delete " (13) " and insert " (12) " .

     On page 3 , line 11 , delete " (14) " and insert " (13) " .

     On page 3 , line 14 , delete " (15) " and insert " (14) " .

     On page 3 , line 18 , delete " (16) " and insert " (15) " .

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     On page 3 , line 20 , delete " (17) " and insert " (16) " .

     On page 3 , line 23 , delete " (18) " and insert " (17) " .

     On page 3 , line 25 , delete " (19) " and insert " (18) " .

     On page 4 , line 2 , delete " (20) " and insert " (19) " .

     On page 4 , line 4 , delete " (21) " and insert " (20) " .

     On page 4 , line 5 , delete " (22) " and insert " (21) " .

     On page 4 , line 9 , delete " (23) " and insert " (22) " .

     On page 4 , line 11 , delete " (24) " and insert " (23) " .

     On page 4 , line 13 , delete " (25) " and insert " (24) " .

     On page 4 , line 15 , delete " (26) " and insert " (25) " .

     On page 4 , line 17 , delete " (27) " and insert " (26) " .

     On page 4 , line 20 , delete " (28) " and insert " (27) " .

     On page 4 , line 25 , delete " (29) " and insert " (28) " .

     On page 4 , line 25 , delete " has been duly licensed by the board and who chooses " and insert " is retired and is no longer licensed to practice that person's profession may use " .

     On page 5 , delete line 1 .

     On page 5 , line 2 , delete " board to be granted the use of " .

     On page 5 , line 5 , delete " (30) " and insert " (29) " .

     On page 5 , line 8 , delete " (31) " and insert " (30) " .

     On page 5 , delete lines 11 to 13 , inclusive .

     On page 12 , delete lines 5 to 8 , inclusive .

     On page 12 , line 9 , delete " (b) " and insert " (a) " .

     On page 12 , line 10 , after " facility, " insert " assisted living facility, jail, " .

     On page 12 , line 10 , delete " or any hospital area not " .

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     On page 12 , line 11 , delete everything before " if " .

     On page 12 , line 12 , delete " of " and insert " or " .

     On page 12 , delete line 14 , and insert " (b) Any building occupied as an auditorium, church, school, or " .

     On page 12 , line 15 , delete " single-story office, " .

     On page 12 , line 15 , delete " , or public building " .

     On page 12 , delete lines 18 to 20 , inclusive .

     On page 12 , delete line 21 , and insert " (c) Any building occupied as a bowling alley, office, shopping center, bank, fire station, service station, " .

     On page 12 , line 24 , delete " (f) " and insert " (d) " .

     On page 13 , line 2 , delete " (g) " and insert " (e) " .

     On page 13 , line 5 , delete " (h) " and insert " (f) " .

     On page 13 , line 5 , delete " (g) " and insert " (e) " .

     On page 13 , line 7 , delete " three " and insert " four " .

     On page 13 , line 9 , delete " (i) " and insert " (g) " .

     On page 28 , line 10 , after " attorney " insert " or the attorney general " .

     On page 28 , line 11 , delete " and " and insert " or " .

     On page 28 , line 12 , delete " shall " and insert " may " .

     On page 28 , line 15 , after " subpoena " insert " licensees as " .

     On page 28 , line 16 , delete " any " and insert " a licensee " .

     On page 28 , line 17 , delete " person " .

     On page 28 , line 19 , delete " person " and insert " licensee " .

     On page 28 , line 19 , delete " shall " and insert " may " .

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     On page 28 , line 21 , after " suitable. " insert " The board may also summon nonlicensees as witnesses and request their attendance, and request the submittal of plans, specifications, books, records, papers, and other documents. If a nonlicensee refuses to cooperate, testify, or produce any materials requested, the board may petition the court of the county in which the nonlicensee resides, and the court may enter a suitable order compelling compliance with the provisions of this Act and imposing such other terms and conditions as the court may deem suitable. " .

     On page 29 , line 6 , after " felony " delete " or " .

     On page 29 , line 7 , delete " misdemeanor " .

     On page 30 , line 25 , delete " site " and insert " sit " .

     On page 32 , delete lines 1 to 6 , inclusive .

     On page 37 , line 19 , delete " 36-28-73 " and insert " 36-18-73 " .

Moved by:      Representative Michels
Second by:      Representative Patterson
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1283

j-1283c

     On page 10 , line 5 of the printed bill , after " surveying, " insert " photogrammetry, " .

     On page 16 , line 11 , after " surveyors, " insert " photogrammetrists, " .

     On page 22 , line 10 , after " surveyor, " insert " photogrammetrist, " .

     On page 22 , line 17 , after " surveying, " insert " photogrammetry, " .

     On page 22 , line 18 , after " surveyor, " insert " photogrammetrist, " .

     On page 22 , line 25 , after " surveyor, " insert " photogrammetrist, " .

     On page 24 , line 10 , after " surveyor, " insert " photogrammetrist, " .

     On page 26 , line 4 , after " surveying, " insert " photogrammetry, " .

     On page 26 , line 12 , after " surveying, " insert " photogrammetry, " .

     On page 27 , line 3 , after " surveying, " insert " photogrammetry, " .

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     On page 28 , line 8 , after " surveying, " insert " photogrammetry, " .

     On page 33 , line 25 , after " surveying, " insert " photogrammetry, " .

     On page 34 , line 3 , after " surveyor, " insert " photogrammetrist, " .

     On page 34 , line 8 , after " surveyor, " insert " photogrammetrist, " .

     On page 34 , line 12 , after " surveyor's, " insert " photogrammetrist's, " .

     On page 35 , line 22 , after " surveyor, " insert " photogrammetrist, " .

     On page 36 , line 6 , after " surveying, " insert " photogrammetry, " .

     On page 37 , after line 21 , insert:

"      Section 76. For the purposes of this Act, the term, practice of photogrammetry, means the process of images on a photograph which includes photographing an object, measuring the image of the object on the process photographs, and reducing the measurements to useful form such as a topographic map.

     Section 77. Any applicant for licensure to practice photogrammerty shall provide the following evidence satisfactory to the board:

             (1)    Graduation from an accredited surveying or related field of study approved by the board or substituted experience, in whole or part, acceptable to the board;

             (2)    Completion of the minimum number of years of photogrammetric experience under the supervision of a licensed photogrammetrist; and

             (3)    Successful completion of examinations.

     Section 78. A person shall be licensed, upon application, to practice photogrammetry if the person applies to the board before July 1, 2001, and meets the following criteria:

             (1)    Is currently using photogrammetric technologies with at least eight years of experience in the profession, two or more in responsible charge of photogrammetric mapping projects meeting Aerial Photography and Mapping Standards of the American Society for Photogrammetry and Remote Sensing or United States National Map Accuracy Standards;

             (2)    Submits proof of education which may be one of the following:

             (a)    High school graduation or equivalency;

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             (b)    A baccalaureate degree in surveying or a related field, which shall substitute for four of the required years of experience; or

             (c)    A master's degree in surveying or a related field, which shall substitute for five of the required years of experience;

             (3)    Submits proof of employment in responsible charge of photogrammetric mapping projects; and

             (4)    Submits five references from licensed land surveyors, professional engineers, or others practicing in the area of mapping.

     The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria. "

Moved by:      Representative Michels
Second by:      Representative Patterson
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1283

j-1283d

     On page 2 , line 18 of the printed bill , after " administration," " insert " means by a licensed professional, " .

     On page 2 , line 20 , delete " by a licensed professional " .

     On page 2 , line 24 , delete " services " .

Moved by:      Representative Peterson
Second by:      Representative Michels
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1283

j-1283e

     On page 2 , line 20 of the printed bill , after " construction " insert " , " .

     On page 2 , line 20 , after " professional " insert " , " .

     On page 2 , line 24 , delete " services " .

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Moved by:      Representative Windhorst
Second by:      Representative Peterson
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1283 AS AMENDED

Moved by:      Representative Brown (Jarvis)
Second by:      Representative Michels
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      Brown (Jarvis), Fischer-Clemens, Konold, Michels, Solum, Wilson, Peterson, Roe

Voting no:      Diedtrich (Elmer), Koehn, Patterson, Sutton (Duane), Windhorst

MOTION:      TO AMEND TITLE OF HB 1283

j-1283t

     On page 1 , line 2 of the printed bill , after " surveying, " insert " photogrammetry, " .

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

          SB 134:   require certain health plans to cover certain dental care services.

Proponents:      Paul Knecht, SD Dental Assn
          Mel Thaler, Pediatrics Dentistry, Sioux Falls, SD
Opponents:      Kris Kreiter, Blue Cross, Blue Shield
          Darla Pollman Rogers, SD Assn of Life Underwriters
          Dave Hewett, SDAHO
          Scott Jones, Delta Dental
Presented by:      Senator Arnold Brown, Sponsor

MOTION:      DO PASS SB 134

Moved by:      Representative Fischer-Clemens
Second by:      Representative Koehn
Action:      Prevailed by roll call vote.   (9-4-0-0)

Voting yes:      Brown (Jarvis), Fischer-Clemens, Koehn, Konold, Michels, Patterson, Solum, Sutton (Duane), Roe

Voting no:      Diedtrich (Elmer), Wilson, Windhorst, Peterson

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          SB 98:   require a bail bondsperson to be licensed in the state to conduct bail bondsperson activities in the state.

Proponents:      Darla Lyon, Division of Insurance
Presented by:      Representative Duniphan, Sponsor

MOTION:      DO PASS SB 98

Moved by:      Representative Patterson
Second by:      Representative Fischer-Clemens
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Koehn, Konold, Michels, Patterson, Solum, Sutton (Duane), Wilson, Windhorst, Peterson, Roe

MOTION:      PLACE SB 98 ON CONSENT

Moved by:      Representative Peterson
Second by:      Representative Diedtrich (Elmer)
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Representative Koehn
Second by:      Representative Diedtrich (Elmer)
Action:      Prevailed by voice vote.

Margaret Nickels

Committee Secretary