75th Legislative Session -- 2000

Committee: Senate Commerce

Tuesday, February 1, 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 27

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

          SB 206:   revise certain provisions regarding liability for the bank franchise tax.

The Chair deferred SB 206 until February 8.

          SB 173:   increase the amounts of financial responsibility to be maintained on certain motor vehicles.

See previous hearing

Proponents:      Rex Hagg, SD Trial Lawyer
Opponents:      Lynn Whitten,State Farm Insurance
          Mike Shaw, American Family Insurance

MOTION:      DO PASS SB 173

Moved by:      Senator Lawler


Second by:      Senator Paisley
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE SB 173

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

Voting yes:      Paisley, Valandra, Daugaard, Shoener

Voting no:      Lawler, Olson, Whiting

          SB 176:   allow holders of installment sales contracts to collect a charge for a payment device returned for nonpayment.

Presented by:      Senator Bogue, Prime Sponsor
Proponents:      John Brown, Consumer Finance

MOTION:      DO PASS SB 176

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

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

MOTION:      PLACE SB 176 ON CONSENT

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

          SB 72:   prohibit the transfer of alcoholic beverage licenses under certain circumstances.

Had previous hearing

Presented by:      Vince Foley, Attorney City of Watertown
Proponents:      Senator Brosz, Sponsor

MOTION:      AMEND SB 72

72ra

     On page 1 , line 8 of the printed bill , after " person " insert " to whom the person is related by kinship, marriage, friendship, or other business dealings, " .

     On page 1 , line 10 , after " charge " insert " unless the transfer is an arm length transaction that neither establishes nor continues a relationship of the transferor to the licensed business " .


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

MOTION:      TO TABLE SB 72

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

Voting yes:      Lawler, Olson, Valandra, Daugaard

Voting no:      Paisley, Whiting, Shoener

          SB 73:   require insurers to disclose certain provisions with regard to usual, customary, and reasonable charges.

Presented by:      Senator Brosz, Prime Sponsor
Proponents:      Randy Moses, Division of Insurance
Opponents:      Mike Shaw, Amer Family Insurance
          Darla Pollman Rogers, Health Ins of America
          Dick Tieszen, State Farm Insurance

MOTION:      AMEND SB 73

73ja

     On page 1 , line 9 of the printed bill , delete " limitation, " and insert " limitation and " .

     On page 1 , line 9 , delete " can " and insert " may " .

     On page 1 , line 10 , delete " that " and insert " the " .

     On page 1 , line 10 , delete " significant " .

     On page 1 , line 10 , delete " , and that other policies, contracts, or " and insert " . " .

     On page 1 , delete line 11 .

     On page 1 , line 12 , delete " amounts. " .


Moved by:      Senator Olson
Second by:      Senator Whiting
Action:      Failed by roll call vote.   (2-5-0-0)

Voting yes:      Paisley, Shoener

Voting no:      Lawler, Olson, Valandra, Whiting, Daugaard

MOTION:      DO PASS SB 73

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

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

          SB 157:   clarify the reporting and collection of the telecommunications access fee for the deaf, hearing impaired, and speech impaired.

Presented by:      Senator Daugaard, Prime Sponsor
Proponents:      Lynne Valenti, SD Dept of Human Services
          Jack Magee, Revenue

MOTION:      AMEND SB 157

157ja

     On page 1 of the printed bill , delete lines 9 to 12 , inclusive .


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

MOTION:      DO PASS SB 157 AS AMENDED

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 157 ON CONSENT

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

          SB 162:   provide for the creation of a no solicitation calls list for persons wishing not to receive unsolicited telephone calls, to create a telephone solicitation account, and to establish certain fees and civil penalties.

Presented by:      Pam Nelson, PUC Commissioner

The Chair deferred SB 162 until February 8.

MOTION:      ADJOURN

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



Margaret Nickels

_________________________________

Committee Secretary
Jerry J. Shoener, Chair


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