House Commerce Minutes 02/15/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Commerce

Thursday, February 15, 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 B. Konold, Chair.

MOTION:     TO CORRECT THE TOWN OF THE PROPONENT TERRY JACOBSEN TO BROOKINGS IN THE MINUTES OF FEBRUARY 13, 2001.

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

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 13, 2001 AS CORRECTED.

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

HB 1253: revise certain provisions regarding dealer franchises and to include outdoor power equipment.

See Minutes of February 13, 2001 for other Testimony.

Presented By:    Rep. Begalka, Clear Lake
Proponents:    Brett Koenecke, Pierre, Farm Equipment Assn.
        Dick Gregerson, Sioux Falls,SD Auto Dealers Assn.
        David Gerdes, Pierre, EMI
Opponents:    David Owen, Pierre, SD Chamber of Commerce & Industry

MOTION:     AMEND HB 1253

On page 2, line 17 of the printed bill, delete " one hundred " and insert " ninety-five ".

On page 2, lines 20 to 23, inclusive, remove the overstrikes.

On page 3 , line 4, delete " one hundred " and insert " ninety-five ".

On page 3 , line 4, remove the overstrikes from " ~~plus five~~ " .

On page 3 , line 5, remove the overstrikes from " ~~percent handling and loading costs on repair parts only,~~ " .

On page 3 , line 7, remove the overstrikes from " ~~plus five percent handling~~ " .

On page 3 , line 8, remove the overstrikes from " ~~and loading costs on repair parts only,~~ " .

On page 3 , line 18, after " retailer " insert "and the retailer shall sell".

On page 3 , line 24, after " software " insert "specifically required by the wholesaler, manufacturer, or distributor".

On page 3 , line 24, delete " four " and insert "five".

On page 4 , line 1, after " depreciation " insert ". For purposes of this subdivision, the term, software, means software that is sourced from the wholesaler, manufacturer, or distributor, or its approved vendor, to meet the minimum requirements of the wholesaler, manufacturer, or distributor".

On page 4 , delete lines 2 to 7 , inclusive, and insert:

(2) For current logoed signage constituting the principal outdoor signage required by the wholesaler, manufacturer, or distributor, identifying the retailer as its representative, the original net cost to the dealer less fifteen percent per year, but in no case less than twenty percent of the original net cost to the dealer;

(3) For any specialized diagnostic or repair tool required by the wholesaler, manufacturer, or distributor which is unique to the product line and in complete, usable condition, seventy- five percent of the original net cost to the dealer if within ten years of purchase by the retailer, provided that new, unused specialized repair tools applicable to the products of the wholesaler, manufacturer, or distributor shall be purchased at one hundred percent of the original net cost to the dealer.".

On page 4 , line 18, delete " one hundred " and insert " ninety-five ".

On page 5 , line 8, delete " returned by the retailer " and insert " received by the wholesaler, manufacturer, or distributor ".

On page 6 , line 23, delete " one hundred " and insert " ninety-five ".

On page 6 , line 24, remove the overstrikes from " ~~plus five percent for handling and loading~~ " .

On page 7 , line 18, delete " one hundred " and insert " ninety-five ".

On page 7, lines 19 to 21, inclusive, remove the overstrikes.

On page 8 , line 18, delete " one hundred " and insert " ninety-five ".

On page 8, lines 19 to 22, inclusive, remove the overstrikes.

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

MOTION:     DO PASS HB 1253 AS AMENDED

Moved by:    Brown (Jarvis)
Second by:    Pederson (Gordon)
Action:    Prevailed by roll call vote.(11-1-1-0)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf,

Olson (Mel), Pederson (Gordon), Solum, Konold

Voting No:    Sebert

Excused:    Valandra

         HB 1281: disallow the use of certain pension, annuity, or retirement payments as a setoff against unemployment benefits.

    See Minutes of February 13, 2001 for other Testimony.

Presented By:    Rep. Flowers
Opponents:    Don Kattke, Aberdeen, Dept. of Labor

MOTION:     DEFER HB 1281 TO THE 41^ST LEGISLATIVE DAY

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

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

Voting No:    Nesselhuf

    Gavel passed to Vice Chair Sebert.

         SB 74: add the Student Loan Marketing Association to certain existing permitted investments of insurers.

Presented By:    Rep. Claire Konold
Proponents:    David Gerdes, Pierre, HEMAR (Attachment “A”)
        Robert O'Connell, Sioux Falls, HEMAR
        Darla Lyon, Pierre, Div. of Insurance
Opponents:    None

MOTION:     DO PASS SB 74

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

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

Excused:    Valandra

MOTION:     PLACE SB 74 ON CONSENT

Moved by:    Glenski
Second by:    Konold
Action:    Prevailed by voice vote.

    Gavel passed to Chair Konold.

HB 1269: require evidence of financial responsibility at the time of motor vehicle registration, to provide for the suspension of vehicle registrations, and to provide for the seizure of certain license plates.

See Minutes of February 13, 2001 for other Testimony.

Presented By:    Rep. Adelstein
Opponents:    Rich Sattgast, Pierre, SDACO
        Dick Tieszen, Pierre, State Farm Insurance
        Deb Hillmer, Pierre, Dir. of Motor Vehicles
        Mike Shaw, Pierre, NAII/Am Family Ins.

MOTION:     DEFER HB 1269 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Olson (Mel)
Second by:    Nesselhuf
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

         SB 38: revise health plan coverage requirements for newborns and newly adopted children.

Proponents:    Randy Moses, Pierre, Div. of Insurance
Opponents:    Darla Pollman Rogers, Pierre, HIAA

MOTION:     DO PASS SB 38

Moved by:    Brown (Jarvis)
Second by:    Broderick
Action:    Prevailed by roll call vote.(10-2-1-0)

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

Voting No:    Begalka, Sebert

Excused:    Pederson (Gordon)

         SB 3: provide the director of insurance with rule-making authority regarding personal nonpublic financial information.

Presented By:    Rep. Jeff Monroe, Pierre
Proponents:    Randy Moses, Pierre, Div. of Insurance
        Roberta Vogt, Aberdeen, AARP
Opponents:    None

MOTION:     DO PASS SB 3

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

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

Excused:    Solum

MOTION:     PLACE SB 3 ON CONSENT

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

         SB 39: establish standards for disability insurance.

    Comments by     Randy Moses

    Chair deferred SB39 until February 20, 2001.

         SB 44: provide reciprocity for the licensing of insurance producers.

Presented By:    Darla Lyon, Pierre, Dir., Div. of Insurance
Proponents:    Sam Meyer, Pierre, Asst. Dir., Div. of Insurance
        Larry Ahrendt, Pierre, IIASD
Opponents:    None

MOTION:     DO PASS SB 44

Moved by:    Brown (Jarvis)
Second by:    Madsen
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:     ADJOURN

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

Beverly Jennings

____________________________

Committee Secretary

Claire B. Konold, Chair

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