75th Legislative Session -- 2000

Committee: Senate Commerce

Tuesday, January 25, 2000

                                            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 Chair Shoener


MOTION:      TO APPROVE THE MINUTES OF January 20

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

MOTION:      Adopt Permanent Rules

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

          SB 152:   provide a financial institution with an insurable interest with reference to personal insurance.

Presented by:      Brent Wilbur, SD Bankers Association
Proponents:      Dean Krogman, Independent Commercial Bankers Association

MOTION:      AMEND SB 152

152ja

     On page 2 , line 6 of the printed bill , after " institution " insert " , as defined in subdivision 10-43- 1(4), " .


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

MOTION:      DO PASS SB 152 AS AMENDED

Moved by:      Senator Paisley
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 152 ON CONSENT

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

          SB 136:   prohibit certain activities regarding certain imported cigarettes or tobacco products.

Presented by:      Senator Garry Moore, Prime Sponsor
Proponents:      Jim Fry, Dept of Revenue
          Charlie McGuigan, AG Office

MOTION:      AMEND SB 136

136fa

     On page 2 , after line 1 of the printed bill , insert:

"
     Section 2. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

    Any cigarettes or tobacco products found at any place in this state that have been imported in violation of this Act are declared to be contraband goods and may be seized without a warrant by the secretary, agents or employees of the secretary, or any law enforcement officer of this state when directed to do so by the secretary. Notwithstanding the provisions of §  10-50-36, cigarettes or tobacco products imported in violation of this Act shall be destroyed by the secretary. "



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

MOTION:      DO PASS SB 136 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (5-1-1-0)

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

Voting no:      Valandra

Excused:      Whiting

MOTION:      Introduce Bill at request of Governor

An Act to revise certain provisions regarding liability for the bank franchise tax.

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

          HB 1019:   revise certain provisions relating to workers' compensation managed care plans.

Presented by:      James Marsh, Department of Labor

MOTION:      DO PASS HB 1019

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

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

Excused:      Whiting

MOTION:      PLACE HB 1019 ON CONSENT

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

          HB 1020:   change the procedure in which certain industry classification codes are assigned to employers for the purposes of unemployment compensation.

Presented by:      Marcia Hultman, Department of Labor

MOTION:      DO PASS HB 1020

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

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

Excused:      Whiting

          HB 1033:   define blanket insurance as group health insurance and to clarify the applicability of certain statutes to blanket policies.

Presented by:      Randy Moses, Division of Insurance

MOTION:      DO PASS HB 1033

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

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

Excused:      Whiting

MOTION:      PLACE HB 1033 ON CONSENT

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

          SB 121:   require the sale of oxygenated gasoline and to revise certain provisions related to ethanol.

Presented by:      Senator Kloucek, Prime Sponsor
Proponents:      Lorin Pankratz, SD Corngrowers Association
Opponents:      Bill Nevin, DOT
          Mark Hollenbeck, SD Petroleum Council
          Paul Kinsman, DOA
          Dawna Leitzke, SD Petroleum Marketing Association

MOTION:      DO PASS SB 121

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

MOTION:      DEFER SB 121 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Paisley
Second by:      Senator Daugaard
Action:      Failed by roll call vote.   (3-3-1-0)

Voting yes:      Paisley, Daugaard, Shoener

Voting no:      Lawler, Olson, Valandra

Excused:      Whiting

MOTION:      DO PASS SB 121

Moved by:      Senator Olson
Second by:      Senator Valandra
Action:      Failed by roll call vote.   (3-3-1-0)

Voting yes:      Lawler, Olson, Valandra

Voting no:      Paisley, Daugaard, Shoener

Excused:      Whiting

MOTION:      DEFER SB 121 UNTIL January 27

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

MOTION:      ADJOURN

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

Margaret Nickels

_________________________________

Committee Secretary

Jerry J. Shoener, Chair


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