House Commerce Minutes 02/19/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: House Commerce

Tuesday, February 19, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Begalka
P    Broderick
E    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 FEBRUARY 14, 2002.

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

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

Presented By:    Sen. Rebekah Cradduck, Sioux Falls, Dist. 11
Proponents:    Tom Adam, Pierre, SD Bankers Assn.
Opponents:    None

MOTION:     DO PASS SB 136

Moved by:    Pederson (Gordon)
Second by:    Solum
Action:    Prevailed by roll call vote.(11-0-2-0)

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

Excused:    Brown (Jarvis), Valandra

MOTION:     PLACE SB 136 ON CONSENT CALENDAR

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

         SB 180: regulate unsolicited electronic commerce.

Presented By:    Bob Sahr, Pierre, Commissioner for PUC
Proponents:    None
Comments:    Tom Adam, Pierre, SD Bankers Assn.
Opponents:    Jeremiah D. Murphy, Sioux Falls, Citibank of SD
        John Brown, Pierre, SD Consumer Finance Assn.

MOTION:     AMEND SB 180

On the Senate engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 37-24-6 be amended by adding thereto a NEW SUBDIVISION to read as follows:

Send or cause to be sent an unsolicited commercial electronic mail message that does not include in the subject line of such message "ADV:" as the first four characters. If the message contains information that consists of explicit sexual material that may only be viewed, purchased, rented, leased, or held in possession by an individual eighteen years of age and older, the subject line of each message shall include "ADV:ADLT" as the first eight characters. An unsolicited commercial electronic mail message does not include a message sent to a person with whom the initiator has an existing personal or business relationship or a message sent at the request or express consent of the recipient."

Moved by:    Broderick
Second by:    Hansen (Tom)
Action:    Prevailed by voice vote.

MOTION:     DEFER SB 180 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Hansen (Tom)
Second by:    Nesselhuf
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS SB 180 AS AMENDED

Moved by:    Madsen
Second by:    Glenski
Action:    Prevailed by roll call vote.(8-4-1-0)

Voting Yes:    Begalka, Broderick, Glenski, Madsen, Olson (Mel), Solum, Valandra, Konold

Voting No:    Hansen (Tom), Nesselhuf, Pederson (Gordon), Sebert

Excused:    Brown (Jarvis)

         SB 109: exempt certain insurers and intermediaries from mortgage lending licensing.

Presented By:    Rep. Broderick, Canton, Dist. 16
Proponents:    Dick Gregerson, Sioux Falls, American Council of Life Insurance
Opponents:    None

MOTION:     DO PASS SB 109

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

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

Excused:    Brown (Jarvis)

MOTION:     PLACE SB 109 ON CONSENT CALENDAR

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

         SB 144: provide certain financial and employment protections to members of the South Dakota National Guard.

Presented By:    Sen. Vitter, Hill City, Dist. 30
Proponents:    None
Opponents:    None

MOTION:     DO PASS SB 144

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

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

Excused:    Brown (Jarvis)

MOTION:     PLACE SB 144 ON CONSENT CALENDAR

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

MOTION:     ADJOURN

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

Beverly Jennings

____________________________

Committee Secretary Claire B. Konold, Chair

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