74th Legislative Session -- 1999
Committee: Senate Commerce
Thursday, February 4, 1999
P - Present
E - Excused
A - Absent
Roll Call
Lawler
Olson
Paisley
Valandra
Whiting
Daugaard, Vice-Chair
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 Lawler
Action:
Prevailed by voice vote.
The Chair deferred HB 1089 until Tuesday, February 9, 1999.
HB 1058:
revise the Board of Accountancy's authority regarding certificate holders
not in public practice and to revise certain educational, continuing education, and
examination requirements for licensees and certificate holders.
Proponents:
Lynn Bethke, SD Board of Accounting
Larry Mann, CPA Society
Morris Christensen, Auditor General
MOTION:
DO PASS HB 1058
Moved by:
Senator Whiting
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Paisley, Valandra, Whiting, Daugaard, Shoener
Voting no:
Lawler, Olson
SB 194:
provide certain restrictions for dealership contracts for agricultural
equipment.
Proponents:
Brett Koeneke, Farm Equipment
Steve Marcus, Implement Dealers, Huron
David Hersrud, Implement Dealer, Sturgis
Opponents:
Larry Mann, Butler Machinery Co.
Dave Gerdes, North American Equip. Mfg.
Presented by:
Senator Flowers
MOTION:
AMEND SB 194
j-194a
On page
1
,
line
5 of the printed bill
,
after "
agricultural
"
insert "
or construction
"
.
On page
1
,
line
6
,
after "
agricultural
"
insert "
or construction
"
.
On page
1
,
line
7
,
after "
public
"
insert "
. The term, dealer, does not include a single-line dealer
primarily engaged in the retail sale and service of off-road construction and earthmoving
equipment
"
.
On page
1
,
line
12
,
after "
agricultural
"
insert "
or construction
"
.
On page
1
,
line
12
,
after "
manufacturer
"
insert "
;
(4) "Single-line dealer," any person that has purchased seventy-five percent or more of the
dealer's total new product inventory from a single manufacturer under agreements with
that manufacturer and has a total annual average sales volume for the three previous years
with that single manufacturer in excess of fifty million dollars for the territory for which
that dealer is responsible
"
.
On page
1
,
line
13
,
delete "
noncontinuance
"
and insert "
discontinuance
"
.
On page
2
,
line
3
,
after "
agricultural
"
insert "
or construction
"
.
On page
2
,
line
7
,
after "
agricultural
"
insert "
or construction
"
.
On page
2
,
line
8
,
after "
agricultural
"
insert "
or construction
"
.
On page
2
,
line
10
,
after "
agricultural
"
insert "
or construction
"
.
On page
2
,
after line
13
,
insert:
"
It is unlawful for any manufacturer to terminate or discontinue a dealership contract, or enter
into additional contracts under the circumstances described in subdivisions (1) to (5), inclusive.
"
Moved by:
Senator Paisley
Second by:
Senator Olson
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 194 AS AMENDED
Moved by:
Senator Olson
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
MOTION:
TO AMEND TITLE OF SB 194
j-194t
On page
1
,
line
2 of the printed bill
,
after "
agricultural
"
insert "
and construction
"
.
Moved by:
Senator Whiting
Second by:
Senator Olson
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Paisley
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
Doris J. Donner
_________________________________
Committee Secretary
Jerry J. Shoener, Chair
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