P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Claire B. Konold
MOTION:
TO APPROVE THE MINUTES OF 2-11-03
E - Excused
A - Absent
P Bradford
P Buckingham
P LaRue
P Miles
P Nesselhuf
P Novstrup
P Olson (Mel)
P Pederson (Gordon)
P Rounds
P Schafer
P Solum
P Sebert, Vice-Chair
P Konold, Chair
Moved by: Rounds
Second by: Pederson (Gordon)
Action: Prevailed by voice vote.
HB 1162: revise the membership of the governing board of the one-call notification
center.
Presented By: Brett Koenecke, Design Professionals Coalition
MOTION:
TO TABLE HB 1162
Moved by: Pederson (Gordon)
Second by: Olson (Mel)
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Bradford, Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Olson (Mel), Pederson
(Gordon), Rounds, Schafer, Solum, Sebert, Konold
HB 1123: clarify certain circumstances relating to the termination or discontinuance of
certain dealership contracts.
Proponents: Dave Gerdes, Equipment Manufacturers Assn
Jerry Parkin, John Deere
John Hoppy, Codington-Clark Equipment
Matt Cronin, Potter County Implement
Mike Forrester, Marshall County Equipment
Bob Riter Jr., Farm Equip Assn. Of MN & SD
David Owen, SD Chamber of Commerce & Industry
Opponents: Jim Keyes, AGC of SD
Pat Healy, Diesel Machinery (Handout A)
Dan Healy, DMI
Mike Sheehan, Sheehan Mack Sales & Equipment
Mike Healy, Self
MOTION:
AMEND HB 1123
"
Section 1. That
§
37-5-1
be amended to read as follows:
37-5-1.
It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or
distributor-branch, or any field representative, officer, agent, or representative of any of them to coerce
or attempt to coerce any dealer in motor vehicles; motorcycles; industrial and construction equipment;
office furniture, equipment, and supplies; farm tractors;
or
farm implements
; or outdoor power
equipment
, to purchase or accept delivery of any motor vehicle or vehicles, parts, or accessories
therefor or any other commodity which has not been ordered by such dealer or threatening to cancel or
terminate any franchise, agency, arrangement, or agreement existing between such manufacturer,
factory, branch, distributor, distributor-branch, or any field representative, officer, agent, or
representative of any of them and such dealer or by any other unfair means or by duress of any kind.
Section 2. That
§
37-5-2
be amended to read as follows:
37-5-2. It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or distributor-branch, or any field representative, officer, agent, or representative of any of them to coerce or attempt to coerce any dealer in motor vehicles; motorcycles; industrial and construction equipment;
office furniture, equipment, and supplies; farm tractors;
or
farm implements
; or outdoor power
equipment
, to enter into any agreement with such manufacturer, factory, branch, distributor, or
distributor-branch, or any field representative, officer, agent, or representative of any of them, or to
assign, sell, or dispose of any contract or property in any way, or to expend any money or do any other
act unfair to such dealer; by threatening to cancel or terminate any franchise, agency, arrangement, or
agreement existing between such manufacturer, factory, branch, distributor, distributor-branch, or any
field representative, officer, agent, or representative of any of them and such dealer or by any other
unfair means or by duress of any kind.
Section 3. That
§
37-5-3
be amended to read as follows:
37-5-3.
It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or
distributor-branch, or any field representative, officer, agent, or representative of any of them, unfairly,
without due regard to the equities of the dealer and without just provocation, to cancel
, fail to renew,
or substantially change the competitive circumstances of
the franchise
agreement
of any dealer in motor
vehicles; motorcycles; industrial and construction equipment; office furniture, equipment, and supplies;
farm tractors;
or
farm implements
; or outdoor power equipment
.
Section 4. That
§
37-5-4
be amended to read as follows:
37-5-4.
Each and every
Any
person
and corporation who or which
that
violates any provision of
§
§
37-5-1 to 37-5-3, inclusive,
shall be
is
liable to any dealer damaged thereby for all damages caused
to such dealer by such violation.
However, any dealer in farm tractors, farm implements, and outdoor
power equipment may also recover the actual costs of the action, including any attorney's fees.
Section 5. That
§
37-5-13
be amended to read as follows:
37-5-13.
Terms used in
§
§
37-5-13 to 37-5-15, inclusive, mean:
manufacturer and has a total annual average sales volume for the three previous years with
that single manufacturer in excess of fifty million dollars for the territory for which that
dealer is responsible.
Section 6. That
§
37-5-14
be amended to read as follows:
37-5-14.
The
following
circumstances
that
are not cause for the termination or discontinuance of
a dealership contract, nor for entering into a dealership contract for the establishment of an additional
dealership in a community for the same line-make
, include the following
:
Moved by: Sebert
Second by: Nesselhuf
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1111 AS AMENDED
Moved by: Sebert
Second by: Pederson (Gordon)
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Bradford, Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Olson (Mel), Pederson
(Gordon), Rounds, Schafer, Solum, Sebert, Konold
MOTION:
PLACE HB 1111 ON CONSENT CALENDAR
Moved by: Sebert
Second by: Miles
Action: Prevailed by voice vote.
HB 1118: revise certain design-build provisions.
Presented By: Greg Brewers, AGC - Building Chapter
Proponents: John Mills, Associated General Contractors, Building Chapter
John White, Bureau of Administration
MOTION:
AMEND HB 1118
Moved by: Bradford
HB 1195: revise the definition of door to door sales.
Second by: Solum
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1118 AS AMENDED
Moved by: Pederson (Gordon)
Second by: Buckingham
Action: Prevailed by roll call vote.(12-1-0-0)
Voting Yes: Bradford, Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Pederson (Gordon),
Rounds, Schafer, Solum, Sebert, Konold
Voting No: Olson (Mel)
At this time Chair Konold passed the gavel to Vice Chair Sebert.
Presented By: Representative Claire Konold
Proponents: Tim Dougherty, Pimco Funds Distibutors, LLC
MOTION:
AMEND HB 1195
Moved by: Rounds
Second by: Konold
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1195 AS AMENDED
Moved by: Konold
Second by: Olson (Mel)
Action: Prevailed by roll call vote.(11-1-1-0)
Voting Yes: Bradford, LaRue, Miles, Nesselhuf, Olson (Mel), Pederson (Gordon), Rounds, Schafer,
Solum, Sebert, Konold
Voting No: Novstrup
Excused: Buckingham
Vice Chair Sebert passed the gavel back to Chair Konold.