Senate Commerce Minutes 01/29/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: Senate Commerce

Tuesday, January 29, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    McCracken
P    Sutton (Dan)
P    Volesky
P    Whiting
P    Brown (Arnold), 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 JANUARY 24

Moved by:    Bogue
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

         SB 119: provide for the establishment of a no telephone solicitation contact list.

Presented By:    Senator McCracken, Prime Sponsor
Opponents:    Chris Braendlin, GOED (Handout A / B)
        Otto Doll, BIT
        Pat McElgunn, RC Chamber of Commerce
        Tom Adam, MCI Worldcom
        Brent Wilbur,Bankers Assn

MOTION:     AMEND SB 119

On page 2, line 24 of the printed bill, after " number; " insert "or".

On page 3, line 2, delete " . However, the established and existing business relationship " and insert ", where the telephone solicitor is personally acquainted with the person being called, or to any telephone call that does not result in the close of any sale during that call.".

On page 3 , delete lines 3 to 7 , inclusive.

On page 3 , after line 19, insert:

" Section 9. That chapter 37-30 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this Act, the term, telephone solicitor, means any person or organization who individually or through salespersons, makes or causes to be made a telephone solicitation call. This term does not include any not-for-profit or charitable organization exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 as of January 1, 2002.".

Moved by:    Brown (Arnold)
Second by:    Bogue
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 119 AS AMENDED

Moved by:    McCracken
Second by:    Volesky
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 119 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Brown (Arnold)
Second by:    Bogue
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Bogue, Volesky, Whiting, Brown (Arnold), Munson

Voting No:    McCracken

Excused:    Sutton (Dan)

         SB 136: allow state chartered banks to expand their investment options to include

certain annuities.

The Chair deferred SB 136 until Later date.

SB 172: revise the effective date of certain provisions related to insurance taxes.

The Chair deferred SB 172 until Later Date.

SB 163: prohibit discrimination by health insurers against individuals who participate in certain activities.

The Chair deferred SB 163 until Later Date.

         SB 132: revise the provisions for moving a structure under or across a utility line and to provide a penalty therefor.

         Gavel was passed to Vice Chair Brown

Presented By:    Senator Munson, Prime Sponsor
Proponents:    Jim Wilcox, X cel Energy, Sioux Falls, SD
        Ed Anderson, SD REA

MOTION:     DO PASS SB 132

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

Voting Yes:    Bogue, McCracken, Volesky, Whiting, Brown (Arnold), Munson

Excused:    Sutton (Dan)

        Gavel returned to Chair

         SB 64: establish certain wage requirements for the recipients of REDI fund loans.

Presented By:    Senator Koetzle, Prime Sponsor
Proponents:    Paul Aylward, AFL/CIO
        Joe Kraljic, BMWE

        Cathy Brechtelsbauer, Bread for the World
        Carol Robertson, Self, Pierre, SD
Opponents:    Chris Braendlin, GOED
        David Owen, SD Chamber of Commerce
        Dan Nelson, SF Chamber of Commerce

MOTION:     DO PASS SB 64

Moved by:    Volesky
Second by:    Sutton (Dan)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 64 TO THE 36^TH LEGISLATIVE DAY

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

Voting Yes:    Bogue, McCracken, Whiting, Brown (Arnold), Munson

Voting No:    Sutton (Dan), Volesky

         SB 65: establish certain benefit requirements for the recipients of REDI fund loans.

Presented By:    Senator Koetzle, Prime Sponsor
Proponents:    Paul Aylward, NFL/CIO
        Joe Kraljic, BMWE
        Cathy Brechtelsbauer, Bread for the World
        Carol Robertson, Self, Pierre, SD
Opponents:    Chris Braendlin, GOED (Handout A)
        David Owen, SD Chamber of Commerce
        Dan Nelson, SF Chamber of Commerce

MOTION:     DEFER SB 65 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Bogue
Second by:    Whiting
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS SB 65

Moved by:    Volesky

Second by:    Sutton (Dan)
Action:    Failed by roll call vote.(2-5-0-0)

Voting Yes:    Sutton (Dan), Volesky

Voting No:    Bogue, McCracken, Whiting, Brown (Arnold), Munson

MOTION:     DEFER SB 65 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Bogue
Second by:    Whiting
Action:    Prevailed by roll call vote.(4-2-1-0)

Voting Yes:    Bogue, Whiting, Brown (Arnold), Munson

Voting No:    Sutton (Dan), Volesky

Excused:    McCracken

         SB 173: provide for an alternative base period for the purposes of determining unemployment compensation.

Presented By:    Senator Koetzle, Prime Sponsor
Proponents:    Paul Aylward, AFL/CIO
        Cathy Brechtelsbauer, Bread for the World
Opponents:    Don Kattke, Dept of Labor, Aberdeen, SD

MOTION:     DO PASS SB 173

Moved by:    Volesky
Second by:    Sutton (Dan)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 173 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Bogue
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(4-2-1-0)

Voting Yes:    Bogue, Whiting, Brown (Arnold), Munson

Voting No:    Sutton (Dan), Volesky

Excused:    McCracken

MOTION:     ADJOURN

Moved by:    Brown (Arnold)
Second by:    Bogue
Action:    Prevailed by voice vote.

Margaret Nickels

____________________________

Committee Secretary

David R. Munson, Chair

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