House Commerce Minutes 01/31/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: House Commerce

Thursday, January 31, 2002

                                            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
A    Valandra
P    Sebert, Vice-Chair
P    Konold, Chair

OTHERS PRESENT: See Original Minutes

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

MOTION:     TO APPROVE THE MINUTES OF JANUARY 29, 2002.

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

         HB 1256: revise certain provisions regarding title insurance reserves.

Presented By:    Rep. Gillespie, Dist. 16
Proponents:    Chad Hansen, Sioux Falls, Dak. Homestead Title Ins.
Opponents:    None

MOTION:     DO PASS HB 1256

Moved by:    Olson (Mel)
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(11-0-1-1)

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

Excused:    Hansen (Tom)

Absent:    Valandra

MOTION:     PLACE HB 1256 ON CONSENT CALENDAR

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

MOTION:     RECONSIDER HB 1239

Moved by:    Nesselhuf
Second by:    Olson (Mel)
Action:    Prevailed by roll call vote.(11-0-1-1)

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

Excused:    Hansen (Tom)

Absent:    Valandra

         HB 1257: revise the requirements for volunteer firefighters to become eligible for workers' compensation.

Presented By:    Rep. Lintz, Dist. 30
Proponents:    None
Opponents:    None

MOTION:     DO PASS HB 1257

Moved by:    Madsen

Second by:    Olson (Mel)
Action:    Prevailed by roll call vote.(11-0-1-1)

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

Excused:    Hansen (Tom)

Absent:    Valandra

MOTION:     PLACE HB 1257 ON CONSENT CALENDAR

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

         HB 1266: revise certain statutes relating to the eligibility of individual's employed by certain schools for unemployment benefits.

Presented By:    Rep. Bradford, Dist.27
Proponents:    None
Opponents:    Don Kattke, Aberdeen, Dept. of Labor

MOTION:     DEFER HB 1266 TO THE 36^TH LEGISLATIVE DAY

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

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

Excused:    Hansen (Tom)

Absent:    Valandra

         HB 1259: revise the information that is collected and appears on a driver license.

Presented By:    Rep. Jensen, Dist. 26
Proponents:    Dick Tieszen, Pierre, SD Chief of Police Assn. & SD Sheriff's Assn.
Opponents:    None

MOTION: AMEND HB 1259

On page 2, after line 7 of the printed bill, insert:

“ Section 3. That § 32-12A-14 be amended to read as follows:

32-12A-14. The application for a commercial driver license or commercial driver instruction permit, shall include the following:

(1) The full legal name and current mailing and residential address of the applicant;

(2) A physical description of the applicant including sex, race, height, weight and eye color;

(3) Date of birth;

(4) The applicant's social security number;

(5) The applicant's signature;

(6) The applicant's color photograph;

(7) Certifications including those required by 49 C.F.R. Part 383.71(a) as of January 1, 1989; and

(8) A consent to release driving record information.

Section 4. That § 32-12A-20 be amended to read as follows:

32-12A-20. The commercial driver license shall be marked "Commercial Driver License," shall be, to the maximum extent practicable, tamper proof and shall include the following information:

(1) The legal name, residential, and mailing addresses of the licensee;

(2) The licensee's color photograph;

(3) A physical description of the licensee, including sex, race, height, weight, and eye color;

(4) Date of birth;

(5) An indication if the licensee is a donor pursuant to chapter 34-26;

(6) The licensee's social security number;

(7) The licensee's signature;

(8) The class of commercial motor vehicle or vehicles which the licensee is authorized to operate, including any endorsements or restrictions;

(9) The name of this state; and

(10) The dates between which the commercial driver license is valid. ”.

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

MOTION:     TO TABLE HB 1259

Moved by:    Olson (Mel)
Second by:    Nesselhuf
Action:    Failed by roll call vote.(5-6-1-1)

Voting Yes:    Begalka, Broderick, Glenski, Nesselhuf, Olson (Mel)

Voting No:    Brown (Jarvis), Madsen, Pederson (Gordon), Solum, Sebert, Konold

Excused:    Hansen (Tom)

Absent:    Valandra

MOTION:     DO PASS HB 1259 AS AMENDED

Moved by:    Brown (Jarvis)
Second by:    Madsen
Action:    Failed by roll call vote.(4-7-1-1)

Voting Yes:    Brown (Jarvis), Madsen, Sebert, Konold

Voting No:    Begalka, Broderick, Glenski, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum

Excused:    Hansen (Tom)

Absent:    Valandra

MOTION:     DEFER HB 1259 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Nesselhuf
Second by:    Olson (Mel)
Action:    Prevailed by roll call vote.(8-3-1-1)

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

Voting No:    Brown (Jarvis), Madsen, Konold

Excused:    Hansen (Tom)

Absent:    Valandra

         HB 1272: authorize certain wine shipments.

Presented By:    Rep. Clark, Dist. 17 (Handout “A”)
Proponents:    Eldon Nygaard, Vermillion, Wine Industry (Handout “B”)

    Chair deferred HB1272 until February 5, 2002.

    Chair deferred HB1274 until February 5, 2002.

         HB 1281: lengthen the period required for notice of cancellation of certain insurance policies.

Presented By:    Rep. Derby, Rapid City, Dist. 34
Proponents:    Larry Ahrendt, Pierre, SDAIA
        Gary Larson, Rapid City, self
        Darla Lyon, Pierre, Div. of Insurance
Opponents:    None

MOTION:     AMEND HB 1281

On page 1 of the printed bill, delete lines 14 and 15 .

On page 2 , delete lines 1 to 15 , inclusive.

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

MOTION:     DO PASS HB 1281 AS AMENDED

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

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

Absent:    Valandra

MOTION:     TO AMEND TITLE OF HB 1281

On page 1, line 1 of the printed bill, delete " cancellation " and insert "nonrenewal".

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

MOTION:     REMOVE HB 1099 FROM THE TABLE

Moved by:    Glenski
Second by:    Begalka
Action:    Prevailed by roll call vote.(7-5-0-1)

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

Voting No:    Olson (Mel), Pederson (Gordon), Solum, Sebert, Konold

Absent:    Valandra

MOTION:     ADJOURN

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

Beverly Jennings

____________________________

Committee Secretary

Claire B. Konold, Chair

../01310745.HCO