House Commerce Minutes 02/01/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Commerce

Thursday, February 01, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Begalka
P    Broderick
P    Brown (Jarvis)
P    Glenski
P    Hansen (Tom)
P    Madsen
P    Nesselhuf
P    Olson (Mel)
P    Pederson (Gordon)
P    Solum
P    Valandra
P    Sebert, Vice-Chair
P    Konold, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Rep. Claire Konold, Chair.

MOTION:     TO APPROVE THE MINUTES OF JANUARY 30, 2001.

Moved by:    Olson (Mel)
Second by:    Broderick
Action:    Prevailed by voice vote.

         SB 1: require written informed consent before genetic testing.

Presented By:    Senator Cheryl Madden (Attachment “A”)
Opponents:    None

MOTION:     DO PASS SB 1

Moved by:    Brown (Jarvis)
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(11-0-0-2)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Sebert, Konold

Absent:    Hansen (Tom), Valandra

MOTION:     PLACE SB 1 ON CONSENT

Moved by:    Nesselhuf
Second by:    Begalka
Action:    Prevailed by voice vote.

         SB 2: prohibit employers from obtaining, seeking, or using genetic information.

Presented By:    Senator Cheryl Madden
Opponents:    Bob Sahr, Pierre, Staff Attorney, Bureau of Personnel
        Dick Gregerson, Sioux Falls, SF Chamber of Commerce

MOTION:     AMEND SB 2

On page 1, line 11 of the Senate engrossed bill, delete everything after " if " and insert ":

(1) The employer is a law enforcement agency conducting a criminal investigation; or

(2) The employer relies on the test results from genetic information obtained by law enforcement through a criminal investigation, the employer legally acquires the test results, the employer keeps the test results confidential except as otherwise required by law, and the employer uses the test results for the limited purpose of taking disciplinary action against the employee.".

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

Moved by:    Olson (Mel)
Second by:    Madsen
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 2 AS AMENDED

Moved by:    Olson (Mel)
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(10-2-0-1)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Valandra, Konold

Voting No:    Solum, Sebert

Absent:    Hansen (Tom)

         HB 1003: prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance.

Presented By:    Rep. Jeff Monroe, Pierre
Proponents:    Mike Shaw, Pierre, American Family Insurance
        Darla P. Rogers, Pierre, HIAA
        Dick Tieszen, Pierre, State Farm Insurance
        Dick Gregerson, Sioux Falls, ACLI
Opponents:    None

MOTION:     AMEND HB 1003

On page 2, line 7 of the printed bill, delete " 58-17A, 58-17B " and insert "58-17 (except disability income insurance)".

On page 2 , line 8, after " 58-18 " insert "(except disability income insurance)".

On page 2 , line 9, after "carrier" delete " , " and insert ".".

On page 2 , delete line 10 .

On page 2 , delete lines 18 to 23 , inclusive.

Moved by:    Olson (Mel)
Second by:    Broderick
Action:    Prevailed by voice vote.

MOTION: AMEND HB 1003

On page 1 of the printed bill, delete lines 5 to 15 , inclusive, and insert:

"

(1) "Genetic test," a test of human DNA, RNA, chromosomes, or genes performed in order to identify the presence or absence of an inherited variation, alteration, or mutation which is associated with predisposition to disease, illness, impairment, or other disorder. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; any test commonly accepted in clinical practice; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;".

On page 2 , delete line 1 .

Moved by:    Olson (Mel)
Second by:    Madsen
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1003 AS AMENDED

Moved by:    Brown (Jarvis)
Second by:    Solum
Action:    Prevailed by roll call vote.(12-0-0-1)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Valandra, Sebert, Konold

Absent:    Hansen (Tom)

         HB 1218: prohibit directed suretyship.

Presented By:    Rep. Mike Derby
Proponents:    Jason Gusso, Sioux Falls, Construction Industry (Attachment “B”)
        Larry Ahrendt, Pierre, IIASD
        Larry Zikmund, Sioux Fals, AGC Bldg. Chapter of SD
        Jim Keyes, Pierre, AGC of SD
Opponents:    None

MOTION:     AMEND HB 1218

On page 1, line 9 of the printed bill, delete " Class 6 felony " and insert "Class 1 misdemeanor".

Moved by:    Olson (Mel)
Second by:    Broderick
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1218

On page 1, line 9 of the printed bill, delete everything after " producer. " .

Moved by:    Madsen
Second by:    Sebert
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1218 AS AMENDED

Moved by:    Broderick
Second by:    Olson (Mel)
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Valandra, Sebert, Konold

MOTION:     PLACE HB 1218 ON CONSENT

Moved by:    Brown (Jarvis)
Second by:    Pederson (Gordon)
Action:    Prevailed by voice vote.

Gavel passed to Vice-Chair Sebert.

         HB 1205: provide for the licensing of certain real estate corporations and limited liability companies.

Presented By:    Re. Claire Konold
Proponents:    Dean Krogman, Brookings,SD Assoc. of Realtors
        Larry Lyngstad, Pierre, Real Estate Commission (Attachment C)

Opponents: None

MOTION: AMEND HB 1205

On page 1, line 14 of the printed bill, after " employing " insert "or associating".

On page 1 , line 14, after " employed " insert "or associated".

On page 2 , line 2, after " employed " insert "or associated".

Moved by:    Olson (Mel)
Second by:    Sebert
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1205 AS AMENDED

Moved by:    Konold
Second by:    Glenski
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Valandra, Sebert, Konold

Excused:    Hansen (Tom)

MOTION:     PLACE HB 1205 ON CONSENT

Moved by:    Olson (Mel)
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

Gavel passed to Chair Konold.

         HB 1209: require that public agencies solicit bids for auctioneer services.

Proponents:    Todd McPherson, Rapid City, SD Auctioneer Association

The Chair deferred HB 1209 until February 6, 2001..

MOTION:     ADJOURN

Moved by:    Olson (Mel)
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

Beverly Jennings

____________________________

Committee Secretary

Claire B. Konold, Chair

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