75th Legislative Session -- 2000
Committee: House Commerce
Tuesday, February 1, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Brown (Jarvis)
P
Diedtrich (Elmer)
P
Fischer-Clemens
P
Heineman
P
Koehn
P
Konold
P
Michels
P
Patterson
P
Solum
P
Sutton (Duane)
E
Wilson
P
Peterson, Vice-Chair
P
Roe, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Rep. Robert Roe, Chair.
MOTION:
TO APPROVE THE MINUTES OF January 27, 2000.
Moved by:
Representative Konold
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
HB 1133:
provide insurance coverage for off-label uses of prescription drugs used
for the treatment of cancer or life threatening conditions.
The gavel was passed to Rep. Peterson.
Presented by:
Rep. Roe
Proponents:
Jennifer Stalley, Pierre, ACS
Dr. Malcolm Bull, Watertown, self
Opponents:
Darla Rogers, Pierre, HIAA & SDALU
MOTION:
AMEND HB 1133
1133ja
On page
1 of the printed bill
,
delete lines
10
to
13
, inclusive
,
and insert:
"
(3) "Medical literature," a published scientific study in a journal or other publication in which
original manuscripts have been published only after critical review for scientific accuracy,
validity, and reliability by unbiased independent experts and a determination by the
International Committee of Medical Journal Editors that it meets the Uniform
Requirements for Manuscripts submitted to biomedical journals. The term, medical
literature, does not include a publication or a supplement to a publication that is
sponsored to a significant extent by a pharmaceutical manufacturing company or health
carrier;
"
On page
2
,
line
3
,
after "
labeling
"
insert "
;
(6) "Drug," any substance prescribed by a licensed health care provider acting within the
scope of the provider's license and that is intended for use in the diagnosis, mitigation,
treatment, or prevention of disease and is taken by mouth; injected into a muscle, the skin,
a blood vessel, or cavity of the body; applied to the skin; or otherwise assimilated by the
body. The term, drug, includes only those substances that are approved by the FDA for
at least one indication
"
.
On page
2
,
delete lines
22
and
23
,
and insert:
"
Section 6. The following drugs or services are not subject to coverage under section 2 of this
Act:
(1) Any drug that is used in research trials sponsored by the manufacturer of that drug or a
governmental entity; or
(2) Any drug or service furnished in a research trial, if the sponsor of the research trial
furnishes the drug or service without charge to any participant in the research trial.
"
Moved by:
Representative Roe
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1133 AS AMENDED
Moved by:
Representative Roe
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Konold, Michels,
Patterson, Solum, Sutton (Duane), Peterson, Roe
Excused:
Koehn, Wilson
Chair Roe resumes the gavel.
HB 1154:
provide for the provisional licensure of psychologists who have not
completed their internship.
Presented by:
Rep. Jeff Monroe
Proponents:
Frank Dame, Pierre, SDPA
Dr. Fred Magnavito, Rapid City,
MOTION:
AMEND HB 1154
1154ja
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That chapter 36-27A be amended by adding thereto a NEW SECTION to read as
follows:
The Board of Examiners of Psychologists may issue a provisional license not to exceed twelve
months in duration to an applicant who is completing the one-year supervised postdoctoral
psychological experience if the applicant has satisfied the requirements of subdivisions 36-27A-
12(1) and (2) and has completed the supervised psychological internship as specified in subdivision
36-27A-12(3).
"
Moved by:
Representative Michels
Second by:
Representative Peterson
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1154 AS AMENDED
Moved by:
Representative Michels
Second by:
Representative Diedtrich (Elmer)
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Koehn, Konold,
Michels, Patterson, Solum, Sutton (Duane), Peterson, Roe
Excused:
Wilson
MOTION:
TO AMEND TITLE OF HB 1154
1154jta
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
provide for the
provisional licensure of psychologists during the one-year supervised postdoctoral psychological
experience.
"
.
On page
1
,
delete line
2
.
Moved by:
Representative Patterson
Second by:
Representative Sutton (Duane)
Action:
Prevailed by voice vote.
HB 1188:
allow the payment of the motor vehicle excise tax by a person on behalf
of the owner.
Presented by:
Rep. Broderick
Proponents:
Tom Adam, Pierre, SD Bankers Assoc.
Deb Hillmer, Pierre, DOR/DMV
MOTION:
AMEND HB 1188
1188ja
On page
2
,
line
8 of the printed bill
,
after "
or
"
insert "
with written authorization,
"
.
On page
2
,
after line
21
,
insert:
"
Section 3. That
§
32-5-2
be amended to read as follows:
32-5-2.
Every owner
, or with written authorization, any other person as defined by subdivision
2-14-2(18) on behalf of and as the agent for the owner,
of a motor vehicle, motorcycle, truck tractor,
road tractor, trailer or semitrailer, or recreational vehicle or trailer, which is operated or driven upon
the public highways of this state, shall, except as otherwise expressly provided, present to the county
treasurer of
his
the owner's
county, or, in case of a nonresident of this state, the treasurer of any
county, application for the registration of that vehicle. The application form shall be furnished by
the department and shall contain but not be limited to the following information:
(1)
The number of cylinders or the bore and stroke of each cylinder;
(2)
The manufacturer's weight;
(3)
Whether the vehicle operates on diesel fuel, liquified petroleum gas, gasoline, or any other
special fuel;
(4)
The make, model, body, year, color, and vehicle identification number of the vehicle;
(5)
The odometer reading; and
(6)
The purchase price and the name and address of the seller, buyer, and lienholder, if any.
Any person who fails to provide the above information to the county treasurer or the
department is guilty of a Class 2 misdemeanor. The department or the county treasurer may not
accept an incomplete application form or an application form which the department considers
erroneous.
"
Moved by:
Representative Peterson
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1188 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Peterson
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Konold, Michels,
Patterson, Solum, Sutton (Duane), Peterson, Roe
Excused:
Koehn, Wilson
MOTION:
PLACE HB 1188 ON CONSENT
Moved by:
Representative Fischer-Clemens
Second by:
Representative Michels
Action:
Prevailed by voice vote.
The gavel was passed to Rep. Peterson.
HB 1253:
allow the creditor to require property insurance on the collateral securing
installment sales contracts.
Presented by:
Rep. Earley
Proponents:
John Brown Pierre, Consumer Finance
MOTION:
AMEND HB 1253
1253jc
On page
1
,
line
8 of the printed bill
,
after "
consumer
"
insert "
in writing
"
.
Moved by:
Representative Michels
Second by:
Representative Konold
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1253
1253jb
On page
1
,
line
16 of the printed bill
,
overstrike "
and
"
.
On page
2
,
line
3
,
before "
.
"
insert:
"
;
(3) Charges for property insurance as required by section 1 of this Act; and
(4) The amount actually paid or to be paid by the creditor pursuant to an agreement with the
consumer to discharge a security interest, lien interest, or lease interest on the property
traded in
"
Moved by:
Representative Sutton (Duane)
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1253 AS AMENDED
Moved by:
Representative Konold
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(9-1-3-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Konold, Michels,
Solum, Sutton (Duane), Peterson
Voting no:
Patterson
Excused:
Koehn, Wilson, Roe
MOTION:
TO AMEND TITLE OF HB 1253
1253jta
On page
1
,
line
2 of the printed bill
,
after "
contracts
"
insert "
and to allow charges for amounts
related to the discharge of certain interests on property traded in
"
.
Moved by:
Representative Konold
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
HB 1185:
allow the offer of an individual health benefit plan without certain
mandates.
Presented by:
Rep. Kristie Fiegen
Proponents:
Dick Tieszen, Pierre, State Farm
Kris Kreiter, Sioux Falls, Wellmar, BCBS
Darla Rogers, Pierre, HIAA & SDALU
Mike Shaw, Pierre, American Family Insurance
John Brown, Pierre, Consumer Finance
MOTION:
AMEND HB 1185
1185jb
On page
1
,
line
8 of the printed bill
,
delete everything after "
58-17-88
"
and insert "
.
"
.
On page
1
,
delete lines
9
and
10
.
Moved by:
Representative Diedtrich (Elmer)
Second by:
Representative Heineman
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1185
1185ja
On page
1
,
line
7 of the printed bill
,
after "
58-17-54,
"
insert "
58-17-55,
"
.
Moved by:
Representative Michels
Second by:
Representative Sutton (Duane)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1185 AS AMENDED
Moved by:
Representative Diedtrich (Elmer)
Second by:
Representative Sutton (Duane)
Action:
Prevailed by roll call vote.
(9-1-3-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Konold, Michels,
Solum, Sutton (Duane), Peterson
Voting no:
Patterson
Excused:
Koehn, Wilson, Roe
HB 1305:
allow for insurance against legal liability for exemplary or punitive
damages.
Presented by:
Rep. Duenwald
Proponents:
James Senftner, Herreid, Small Business
Dick Gregerson, Sioux Falls, SD Chamber of Commerce
Bob Riter, Pierre, NFIB
Opponents:
Dick Tieszen, Pierre, State Farm
Darla Lyon, Pierre, Div. Of Insurance
Chair Roe resumes the gavel.
MOTION:
DO PASS HB 1305
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Diedtrich (Elmer)
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Heineman, Michels, Sutton (Duane), Roe
Voting no:
Fischer-Clemens, Konold, Patterson, Solum, Peterson
Excused:
Koehn, Wilson
The Chair deferred HB 1305 until February 3, 2000..
MOTION:
ADJOURN
Moved by:
Representative Sutton (Duane)
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
Beverly Jennings
_________________________________
Committee Secretary
Robert A. Roe, Chair
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