89
th Legislative Session _ 2014
Committee: Senate Commerce and Energy
Tuesday, February 18, 2014
P - Present
E - Excused
A - Absent
Roll Call
P Holien, Chair
P Lederman, Vice-Chair
P Begalka
P Jensen
P Jones (Chuck)
P Maher
P Buhl O'Donnell
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Ried Holien, Chair.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 13, 2014
Moved by: Buhl O'Donnell
Second by: Lederman
Action: Prevailed by voice vote.
SB 69: define that certain wages earned may not be used for calculating the contributions to
the state unemployment compensation fund.
Presented by: Senator Deb Peters (Handout: 2)
Proponents: David Owen SD Chamber of Commerce & Industry
Shawn Lyons, SD Retailers Association
Deb Mortenson, South Dakota Optometry Society
MOTION: AMEND SB 69
69oa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 61-6-9.1 be amended to read as follows:
61-6-9.1. Good cause for voluntarily leaving employment is restricted to leaving employment
because:
(1) Continued employment presents a hazard to the employee's health. However, this
subdivision applies only if:
(a) Prior to the separation from the employment the employee is examined by a
licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5, and
advised that continued employment presents a hazard to his health; and
(b) The health hazard is supported by a certificate signed by the licensed practitioner
of the healing arts.
The secretary of labor and regulation may request an additional certificate signed by
another licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5;
(2) The employer required the employee to relocate the employee's residence to hold the
employee's job;
(3) The employer's conduct demonstrates a substantial disregard of the standards of behavior
that the employee has a right to expect of an employer or the employer has breached or
substantially altered the contract for employment;
(4) An individual accepted employment while on lay off and subsequently quit the
employment to return to work for the individual's regular employer;
(5) The employee's religious belief mandates it. This provision does not apply, however, if
the employer has offered to the employee reasonable accommodations taking into
consideration the employee's religious beliefs if this offer is made before the employee
leaves the employment;
(6) Leaving is necessary to protect the individual from domestic abuse. However, this
subdivision applies only if:
(a) The employee reports the abusive situation to law enforcement within forty-eight
hours of any occurrence and cooperates fully with law enforcement in any
subsequent investigation and criminal charge relating to the abusive situation.
Upon request by the department, the law enforcement agency shall complete and
return to the department a certification form indicating whether the employee has
complied with the requirements of this subdivision;
(b) The employee has left the abusive situation and remains separate from the
situation; and
(c) The employee made reasonable efforts to preserve the employment before quitting;
or
(7) The employee is relocating to accompany a spouse who has been reassigned from one
military assignment to another; or
(8) The employee is an officer who exercises substantial control in decisions to take or not
to take action on behalf of a corporation and has no other alternative than to leave
employment with that corporation. This does not preclude a corporate officer who does
not exercise substantial control in any decision to take or not take action on behalf of a
corporation from being found to have good cause to leave employment under the
circumstances set out in subdivisions (1) to (7), inclusive.
Any person found to have good cause for leaving employment due to domestic abuse as set forth
in subdivision (6) and who returns to the abusive situation is ineligible for benefits. "
Moved by: Maher
Second by: Jones (Chuck)
Action: Prevailed by voice vote.
MOTION: DO PASS SB 69 AS AMENDED
Moved by: Maher
Second by: Lederman
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Holien, Lederman, Begalka, Jensen, Jones (Chuck), Maher, Buhl O'Donnell
MOTION: AMEND TITLE OF SB 69
69ota
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain
provisions regarding good cause for voluntarily leaving employment.".
On page 1, delete line 2.
Moved by: Lederman
Second by: Maher
Action: Prevailed by voice vote.
SB 161: provide for a process to ensure that surface use agreements are entered into by
mineral developers and surface owners by negotiation or default.
Presented by: Senator Ryan Maher
Proponents: David Niemi, Self, Buffalo
Opponents: Nathan Sanderson, Office of the Governor
Steve Willard, American Petroleum Institute
MOTION: AMEND SB 161
161ta
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 45-5A-5.2 be amended to read as follows:
45-5A-5.2. The surface owner, and surface lessee, if any, may seek actual and punitive damages
in the court of proper jurisdiction if the mineral developer fails to provide the notice required by
§ 45-5A-5 or the notice required by § 45-5A-5.1. "
Moved by: Lederman
Second by: Buhl O'Donnell
Action: Prevailed by voice vote.
MOTION: DEFER SB 161 TO THE 41
ST LEGISLATIVE DAY
Moved by: Lederman
Second by: Holien
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS SB 161 AS AMENDED
Moved by: Maher
Second by: Lederman
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Begalka, Jensen, Jones (Chuck), Maher, Buhl O'Donnell
Voting No: Holien, Lederman
MOTION: AMEND TITLE OF SB 161
161tta
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain
provisions relating to notice provided by mineral developers.".
On page 1, delete lines 2 and 3.
Moved by: Lederman
Second by: Buhl O'Donnell
Action: Prevailed by voice vote.
SB 170: revise the structure for compensating surface owners for losses due to mineral
development.
Presented by: Senator Larry Rhoden
Proponents: David Niemi, Self, Buffalo
Tim Brown, Self, Buffalo
Ron Slaba, Self, Harding Co.
Senator Ryan Maher
Jeremiah M Murphy, SD Stockgrowers Association
Opponents: Nathan Sanderson, Office of the Governor
Steve Pirner, Department of Environment and Natural Resources (Handout: 1)
Steve Willard, American Petroleum Institute
Roger Kelly, Continental Resources, OK
MOTION: DO PASS SB 170
Moved by: Maher
Second by: Buhl O'Donnell
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Begalka, Jensen, Maher, Buhl O'Donnell
Voting No: Holien, Lederman, Jones (Chuck)
SB 114: establish a wine direct shipper license and to provide for certain direct shipments
of wine.
Presented by: Senator Corey Brown
MOTION: DO PASS SB 114
Moved by: Jensen
Second by: Maher
Action: Failed by roll call vote. (3-4-0-0)
Voting Yes: Jensen, Maher, Buhl O'Donnell
Voting No: Holien, Lederman, Begalka, Jones (Chuck)
MOTION: MOTION DEFER SB 114 TO THE 41
ST LEGISLATIVE DAY
Moved by: Lederman
Second by: Begalka
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION REFER SB 114 TO APPROPRIATIONS
Moved by: Maher
Second by: Jensen
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Jensen, Jones (Chuck), Maher, Buhl O'Donnell
Voting No: Holien, Lederman, Begalka
SB 136: ensure available replacement parts and services for consumers of manufactured
goods.
Proponents: Kyle Wiens, Self (by phone)
THE CHAIR DEFERRED SB 136 UNTIL THURSDAY, FEBRUARY 20, 2014
MOTION: ADJOURN
Moved by: Maher
Second by: Lederman
Action: Prevailed by voice vote.
Charlotte Conway
____________________________
Committee Secretary
Ried S. Holien, Chair
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