75th Legislative Session -- 2000
Committee: Senate Commerce
Tuesday, February 8, 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 February 3
Moved by:
Senator Lawler
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
SB 169:
revise the provisions limiting the number of retail alcoholic licenses that
may be issued to one person.
Presented by:
Jeff Fox, HY VEE Inc
Proponents:
Tim Stupla, HY VEE, Sioux Falls, SD
Senator Albers, Sponsor
MOTION:
DO PASS SB 169
Moved by:
Senator Lawler
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Lawler, Olson, Paisley, Whiting, Daugaard, Shoener
Excused:
Valandra
SB 206:
revise certain provisions regarding liability for the bank franchise tax.
Presented by:
Jeremiah Murphy, Citibank, Sioux Falls, SD
MOTION:
AMEND SB 206
206ja
On page
1
,
line
7 of the printed bill
,
before "
hundred
"
overstrike "
five
"
and insert "
four
"
.
On page
1
,
line
8
,
after "
exceeding
"
overstrike "
five
"
and insert "
four
"
.
On page
1
,
line
8
,
after "
than
"
overstrike "
five
"
and insert "
four
"
.
On page
1
,
line
9
,
after "
exceeding
"
overstrike "
five
"
and insert "
four
"
.
On page
1
,
line
10
,
after "
than
"
overstrike "
five
"
and insert "
four
"
.
On page
1
,
line
11
,
after "
exceeding
"
overstrike "
five
"
and insert "
four
"
.
On page
1
,
line
12
,
after "
than
"
overstrike "
five
"
and insert "
four
"
.
On page
1
,
line
13
,
after "
exceeding
"
overstrike "
five
"
and insert "
four
"
.
On page
1
,
line
13
,
after "
than
"
overstrike "
six
"
and insert "
five
"
.
On page
1
,
line
14
,
overstrike "
and
"
.
On page
1
,
line
14
,
overstrike "
six
"
and insert "
five
"
.
On page
1
,
line
14
,
before "
.
"
insert "
but equal to or less than six hundred million dollars; at the
rate of one-half of one percent on the net income exceeding six hundred million dollars but equal
to or less than one billion two hundred million dollars; and at the rate of one-quarter of one percent
on the net income exceeding one billion two hundred million dollars
"
.
On page
1
,
after line
17
,
insert:
"
Section 2. That subdivision (
10) of
§
10-43-1
be amended to read as follows:
(10)
"Person," includes individuals, firms, associations, corporations, estates, fiduciaries, and
all entities from which income tax may be due
. In no event shall a pass-through entity
owned in whole or in part by a financial institution subject to tax under this chapter, and
formed primarily to facilitate the securitization of assets, be treated as a person for the
purpose of subdivision 10-43-1(4)
;
Section 3. That
§
10-43-36
be amended to read as follows:
10-43-36.
Any related corporation required to report under this chapter and owned or controlled
either directly or indirectly by another corporation
may elect, or
may be required
by the secretary
of revenue,
to make a consolidated report
with related corporations that are required to report under
this chapter
showing the combined net income, such assets of the corporation as are required for the
purpose of this chapter, and such other information as the secretary of revenue may require by rule
promulgated pursuant to chapter 1-26.
"
Moved by:
Senator Paisley
Second by:
Senator Olson
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 206 AS AMENDED
Moved by:
Senator Olson
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Olson, Paisley, Whiting, Daugaard, Shoener
Excused:
Lawler, Valandra
HB 1144:
allow for the award of reasonable attorney fees in certain legal
proceedings.
Presented by:
Senator Rounds, Prime Sponsor
Proponents:
Dean Krogman, Multi Housing of SD
MOTION:
DO PASS HB 1144
Moved by:
Senator Paisley
Second by:
Senator Olson
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Lawler, Olson, Paisley, Whiting, Daugaard, Shoener
Excused:
Valandra
MOTION:
PLACE HB 1144 ON CONSENT
Moved by:
Senator Lawler
Second by:
Senator Olson
Action:
Prevailed by voice vote.
HB 1045:
adopt the Interstate Nurse Licensure Compact and to establish South
Dakota's participation in the interstate compact.
Presented by:
Representive Michels, Prime Sponsor
Proponents:
Diana Vander Woude (handout a)
Brett Koenecke, SDNA
Phil Authier, SDONE
Lorin Pankratz, Sioux Valley Hospital, Sioux Falls, SD
Rebekah Cradduck , SDAHO
MOTION:
DO PASS HB 1045
Moved by:
Senator Olson
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(5-0-2-0)
Voting yes:
Olson, Paisley, Whiting, Daugaard, Shoener
Excused:
Lawler, Valandra
MOTION:
PLACE HB 1045 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
SB 177:
revise the method for computing weekly unemployment benefits.
Presented by:
Senator Paisley, Prime Sponsor
Proponents:
Representative Koetzle, Sponsor
Paul Aylward, AFL-CIO
Nick Braune, SD Peace and Justice
Opponents:
James Marsh, DOL
MOTION:
DEFER SB 177 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Whiting
Second by:
Senator Paisley
Action:
Failed by roll call vote.
(3-3-1-0)
Voting yes:
Paisley, Whiting, Shoener
Voting no:
Lawler, Olson, Valandra
Excused:
Daugaard
MOTION:
TO TABLE SB 177
Moved by:
Senator Daugaard
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Paisley, Whiting, Daugaard, Shoener
Voting no:
Lawler, Olson, Valandra
SB 31:
require the use of safety belts by passenger vehicle occupants under
eighteen years of age.
Presented by:
Senator Lawler, Sponsor
Proponents:
Bob Mercer, Governor's Office (Information only)
Coral Assam, Highway Safety
Dean Hyde, AARP (Handout b)
Jim Keyes, SD Highway Users Conference
MOTION:
AMEND SB 31
31oa
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
32-38-1
be amended to read as follows:
32-38-1.
Except as provided in chapter 32-37 and
§
32-38-3,
every operator and front seat
passenger
any adult who is in the front seat and any person under the age of eighteen who is in the
front or any back seat
of a passenger vehicle operated on a public highway in this state shall wear
a properly adjusted and fastened safety seat belt system, required to be installed in the passenger
vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49
C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The
driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened
safety seat belt system on any passenger in the
front seat
vehicle
who is at least five years of age but
younger than eighteen years of age.
Any violation of this section is a petty offense.
Any violation
of this section is not a moving traffic offense under the provisions of
§
32-12-49.1.
Section 2. That
§
32-38-5
be repealed.
32-38-5.
Enforcement of this chapter by state or local law enforcement agencies shall be
accomplished as a secondary action. A violation of this chapter is a petty offense.
"
Moved by:
Senator Lawler
Second by:
Senator Paisley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 31 AS AMENDED
Moved by:
Senator Lawler
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Lawler, Paisley, Whiting, Daugaard
Voting no:
Olson, Valandra, Shoener
MOTION:
TO AMEND TITLE OF SB 31
31ota
On page
1
,
line
2 of the printed bill
,
after "age" insert "and to revise certain provisions regarding
enforcement of the seat belt requirement".
Moved by:
Senator Lawler
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
HB 1077:
revise the requirements for maintaining an owner-occupied single-family
dwelling classification.
Gavel passed to Vice Chair Monroe
Presented by:
Representative Napoli, Prime Sponsor
MOTION:
DO PASS HB 1077
Moved by:
Senator Olson
Second by:
Senator Paisley
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
MOTION:
PLACE HB 1077 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Olson
Action:
Prevailed by voice vote.
Gavel returned to Chair
HB 1085:
clarify that certain group policies are required to provide coverage for
biologically-based mental illnesses and diabetes supplies, equipment, and
education.
Presented by:
Representative Fischer-Clemens, Prime Sponsor
Proponents:
Randy Moses, Division of Insurance
MOTION:
DO PASS HB 1085
Moved by:
Senator Daugaard
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener
MOTION:
PLACE HB 1085 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
HB 1035:
revise certain provisions regarding health insurance on a franchise plan
and to allow for discounts.
Presented by:
Randy Moses, Division of Insurance
Proponents:
Darla Pollman Rogers, HIAA and SDLU
MOTION:
DO PASS HB 1035
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
MOTION:
PLACE HB 1035 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Daugaard
Second by:
Senator Olson
Action:
Prevailed by voice vote.
MargaretNickels
_________________________________
Committee Secretary
Jerry J. Shoener, Chair
../02081000.SCO Page 1