Senate Commerce Minutes 02/15/2001 10:00 AM

76^th Legislative Session _ 2001

Committee: Senate Commerce

Thursday, February 15, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    McCracken
P    Sutton (Dan)
P    Volesky
P    Whiting
P    Daugaard, Vice-Chair
P    Munson, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Munson

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 13^TH

Moved by:    Daugaard
Second by:    Bogue
Action:    Prevailed by voice vote.

The Chair deferred HB 1003 until Tuesday, February 20.

The Chair deferred HB 1218 until Thursday, February 22.

         HB 1094: revise certain provisions relating to credit card coverages of group personal property.

Presented By:    Senator Elmer Diedtrich, Sponsor
Proponents:    Ron Schmidt, American Insurance Assn
        Darla Lyon, Division of Insurance

MOTION:     DO PASS HB 1094

Moved by:    McCracken
Second by:    Daugaard
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Bogue, McCracken, Sutton (Dan), Daugaard, Munson

Excused:    Volesky, Whiting

MOTION:     PLACE HB 1094 ON CONSENT

Moved by:    Sutton (Dan)
Second by:    Whiting
Action:    Prevailed by voice vote.

         HB 1134: establish license requirements for well pump installers and well repairers.

Presented By:    Senator Hutmacher, Sponsor

MOTION:     DO PASS HB 1134

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

Voting Yes:    Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Daugaard, Munson

MOTION:     PLACE HB 1134 ON CONSENT

Moved by:    Sutton (Dan)
Second by:    Whiting
Action:    Withdrawn.

         HB 1039: subject certain health insurers to risk-based capital requirements.

Presented By:    Darla Lyon, Division of Insurance

MOTION:     DO PASS HB 1039

Moved by:    Bogue
Second by:    McCracken
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Bogue, McCracken, Sutton (Dan), Whiting, Daugaard, Munson

Excused:    Volesky

MOTION:     PLACE HB 1039 ON CONSENT

Moved by:    Bogue
Second by:    Whiting
Action:    Prevailed by voice vote.

         HB 1043: authorize the state fire marshal to prohibit open burning.

Presented By:    Dan Carlson, Joint Fire Marshal, SD
Proponents:    Dick Howard, Association of County Commissioners
        Steve Willard, SD Fire Council

MOTION:     AMEND HB 1043

On page 1, line 5 of the House Commerce Committee engrossed bill, delete " appropriate county " and insert "affected board of county commissioners".

On page 1 , line 6, delete " commission " .

On page 1 , after line 8, insert:

"
Section 2. That § 7-8-20 be amended by adding thereto a NEW SUBDIVISION to read as follows:

To prohibit or restrict open burning, after consultation with local fire officials and law enforcement officials, in order to protect the public health and safety.".

Moved by:    McCracken
Second by:    Daugaard
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1043 AS AMENDED

Moved by:    McCracken

Second by:    Bogue
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Daugaard, Munson

MOTION:     TO AMEND TITLE OF HB 1043

On page 1, line 1 of the House Commerce Committee engrossed bill, after " authorize " insert "county commissioners and".

Moved by:    Bogue
Second by:    Daugaard
Action:    Prevailed by voice vote.

MOTION:     PLACE HB 1043 ON CONSENT

Moved by:    Whiting
Second by:    Bogue
Action:    Prevailed by voice vote.

         HB 1148: authorize certain activities by golf course designers.

Presented By:    Representative Derby, Sponsr
Proponents:    Ron Farris, Farris Golf Course Designs, Rapid City, SD

MOTION:     DO PASS HB 1148

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

Voting Yes:    Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Daugaard, Munson

MOTION:     PLACE HB 1148 ON CONSENT

Moved by:    Bogue
Second by:    Volesky
Action:    Prevailed by voice vote.

         HB 1103: provide certain requirements for prescription labels when a generic drug is

dispensed.

Presented By:    Representative Solum, Sponsor
Proponents:    Bob Riter, SD Pharmaceutical Association
        Julie Meintsma, Pharmacist, Pierre, SD

MOTION:     DO PASS HB 1103

Moved by:    McCracken
Second by:    Sutton (Dan)
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Daugaard, Munson

MOTION:     PLACE HB 1103 ON CONSENT

Moved by:    Daugaard
Second by:    Bogue
Action:    Prevailed by voice vote.

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

Presented By:    Dean Krogman, SDAR
Proponents:    Larry Lingstad, SD Real Estate Commission

MOTION:     DO PASS HB 1205

Moved by:    Bogue
Second by:    McCracken
Action:    Prevailed by roll call vote.(6-0-0-0)

Voting Yes:    Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Munson

        Gavel passed to Vice Chair Daugaard

         HB 1224: revise certain provisions relating to motor vehicle service contracts, mechanical breakdown insurance, and maintenance agreements.

Presented By:    Dick Gregerson, SD Auto Dealers Association
        Darla Lyon, Division of Insurance

MOTION:     DO PASS HB 1224

Moved by:    Bogue
Second by:    Whiting

Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Daugaard, Munson

MOTION:     PLACE HB 1224 ON CONSENT

Moved by:    Bogue
Second by:    Whiting
Action:    Prevailed by voice vote.

        Gavel returned to Chair

MOTION:     ADJOURN

Moved by:    Daugaard
Second by:    Bogue
Action:    Prevailed by voice vote.

Margaret Nickels

____________________________

Committee Secretary

David R. Munson, Chair

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