75th Legislative Session -- 2000
Committee: Senate Commerce
Thursday, January 27, 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 25
Moved by:
Senator Daugaard
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
SB 72:
prohibit the transfer of alcoholic beverage licenses under certain
circumstances.
The Chair deferred SB 72 until Tuesday, February 1.
SB 31:
require the use of safety belts by passenger vehicle occupants under
eighteen years of age.
The Chair deferred SB 31 until another day.
SB 121:
require the sale of oxygenated gasoline and to revise certain provisions
related to ethanol.
Previously heard on January 25
MOTION:
TO TABLE SB 121
Moved by:
Senator Daugaard
Second by:
Senator Paisley
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Paisley, Whiting, Daugaard, Shoener
Voting no:
Lawler, Olson, Valandra
SB 77:
regulate a manufacturer's right of first refusal.
Presented by:
Senator Rounds, Prime Sponsor
Proponents:
R. Van Johnson, SDADA
Opponents:
Bill Haeger, General Motors, Detroit, MI
MOTION:
AMEND SB 77
77jb
On page
1
,
line
16 of the printed bill
,
delete "
if
"
and insert "
of
"
.
Moved by:
Senator Daugaard
Second by:
Senator Olson
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 77
77ja
On page
2
,
line
15 of the printed bill
,
delete everything after "
refusal
"
and insert "
.
"
.
On page
2
,
delete lines
16
and
17
.
Moved by:
Senator Whiting
Second by:
Senator Paisley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 77 AS AMENDED
Moved by:
Senator Olson
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
SB 78:
regulate the transfer, assignment, or sale of a motor vehicle franchise
agreement or controlling interest in a motor vehicle dealership.
Presented by:
Senator Rounds, Prime Sponsor
Proponents:
R. Van Johnson, SDADA
Opponents:
Bill Haeger, General Motors, Detroit, MI
MOTION:
AMEND SB 78
78ja
On page
3
,
line
1 of the printed bill
,
delete "
manufacturer or franchisor
"
and insert "
prospective
transferee
"
.
On page
3
,
line
1
,
delete "
not
"
.
Moved by:
Senator Valandra
Second by:
Senator Lawler
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS SB 78
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
SB 84:
regulate the ownership of motor vehicle dealerships.
Presented by:
Senator Rounds, Prime Sponsor
Proponents:
R. Van Johnson, SDADA
Opponents:
Bill Haeger, General Motors, Detroit, MI
MOTION:
AMEND SB 84
84ja
On page
3
,
line
2 of the printed bill
,
after "
franchisor.
"
insert "
The department may not grant
more than two extensions.
"
Moved by:
Senator Olson
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 84 AS AMENDED
Moved by:
Senator Olson
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
SB 165:
provide farm wineries certain privileges related to the purchase, sale, and
service of certain alcoholic beverages and to permit farm wineries to obtain on-sale
liquor licenses.
Presented by:
Eldon Nygaard, Valient Vinyard, Vermillion, SD
MOTION:
AMEND SB 165
165ja
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That chapter 35-12 be amended by adding thereto a NEW SECTION to read as
follows:
The holder of a farm winery license may also hold on the premises where the wine is
produced, an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) and subject to the quota
established in
§
35-4-11 or 35-4-11.1.
"
Moved by:
Senator Olson
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 165 AS AMENDED
Moved by:
Senator Paisley
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 165
165jta
On page
1
,
line
1 of the printed bill
,
delete everything after "
Act to
"
and insert "
allow a farm
winery to hold an on-sale retail license.
"
On page
1
,
delete lines
2
and
3
.
Moved by:
Senator Daugaard
Second by:
Senator Olson
Action:
Prevailed by voice vote.
SB 171:
revise certain provisions regarding consumer installment sales contracts.
Presented by:
John Brown, SD Consumer Finance Association
Proponents:
Deb Hillmer, Div of Motor Vehicles
R. Van Johnson, SDADA
MOTION:
AMEND SB 171
171ja
On page
1
,
line
9 of the printed bill
,
after "
fees
"
insert "
actually paid
"
.
On page
1
,
line
11
,
delete "
changes
"
and insert "
charges
"
.
Moved by:
Senator Olson
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 171 AS AMENDED
Moved by:
Senator Daugaard
Second by:
Senator Paisley
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Lawler, Paisley, Valandra, Whiting, Daugaard, Shoener
Excused:
Olson
MOTION:
PLACE SB 171 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
SB 173:
increase the amounts of financial responsibility to be maintained on
certain motor vehicles.
Presented by:
Senator Lange, Prime Sponsor
Proponents:
Tom Draper, Self, Madison, SD
Rex Hagg, SDTL
Opponents:
Darla Lyon, Division of Insurance (Handout b & c)
Lynn Whitten, State Farm Insurance
The Chair deferred SB 173 until Tuesday, Feb 1.
MOTION:
ADJOURN
Moved by:
Senator Daugaard
Second by:
Senator Olson
Action:
Prevailed by voice vote.
Margaret Nickels
_________________________________
Committee Secretary