74th Legislative Session -- 1999

Committee: Senate Commerce

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Lawler
P      Olson
P      Paisley
P      Valandra
P      Whiting
P      Daugaard, 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 Daugaard
Action:      Prevailed by voice vote.

The Chair deferred SB 75 until January 28, 1999.

          SB 49:   repeal the subsequent injury fund.

Proponents:      Darla Lyon, Department of Commerce
          Paul Aylwaard, AFLCIO
          James Marsh, SDDOL

MOTION:      AMEND SB 49

j-49a

     On page 6 of the printed bill , after line 22 , insert:

"     Section 12. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:

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     An employer is civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The burden of proof is on the employee to prove the dismissal was in retaliation for filing a workers' compensation claim.

    Section 13. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:
     If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury, the current employer shall pay all medical and hospital expenses and compensation provided by this title. "

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

MOTION:      DO PASS SB 49 AS AMENDED

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

Voting yes:      Lawler, Olson, Paisley, Whiting, Daugaard, Shoener

Voting no:      Valandra

          SB 73:   repeal certain countersignature requirements for insurance agents.

Opponents:      Senator Rounds
          Ron Schmidt, AIA

MOTION:      DO PASS SB 73

Moved by:      Senator Olson
Second by:      Senator Whiting
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 73 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Valandra
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Lawler, Valandra, Daugaard, Shoener

Voting no:      Olson, Paisley, Whiting

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MOTION:      Senator Shoener passed the gavel to Vice-Chair, Senator Daugaard

Moved by:      None
Second by:      None
Action:      Died for a lack of a second

          SB 77:   revise the date when a third-party administrator of life or health insurance coverage is required to file an annual report.

Proponents:      Dick Tieszen,SIESD
Presented by:      Senator Shoener

MOTION:      DO PASS SB 77

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

Voting yes:      Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener

MOTION:      PLACE SB 77 ON CONSENT

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

MOTION:      Vice-Chair Senator Daugaard, passed the gavel back to Chair, Senator Shoener

Moved by:      None
Second by:      None
Action:      Died for a lack of a second

          SB 83:   exempt certain funeral services and expenses from sales and use tax.

Opponents:      Scott Peterson, Dept. Of Revenue
Presented by:      Senator Staggers

MOTION:      DEFER SB 83 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Lawler
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener

          SB 85:   repeal the regulation of boat dealers.

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Opponents:      Deb Hillmer, Dept. Revenue
          R. Van Johnson, SDADA
Presented by:      Senator Staggers

MOTION:      DEFER SB 85 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Paisley
Second by:      Senator Lawler
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Lawler, Paisley, Valandra, Whiting, Daugaard, Shoener

Excused:      Olson

MOTION:      ADJOURN

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

Doris J. Donner

Committee Secretary