80^th Legislative Session _ 2005

Committee: House Commerce

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Boomgarden
P    Bradford
P    Elliott
P    Faehn
P    Hunt
P    Krebs
P    Kroger
P    Pederson (Gordon)
P    Schafer
P    Street
P    Willadsen
P    Rounds, Vice-Chair
P    Sebert, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Sebert.

MOTION:     TO APPROVE THE MINUTES OF JANUARY 25, 2005

Moved by:    Hunt
Second by:    Willadsen
Action:    Prevailed by voice vote.

         HB 1094: provide for the division of farm mutual insurance companies.

The Chair deferred HB 1094 until February 1, 2005.

         HB 1101: except contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade.

Presented by:    Representative Tim Rounds
Proponents:    Mike Shaw, SD Farm Bureau
        Dick Tieszen, State Farm Insurance

MOTION:     AMEND HB 1101

1101ja

     On page 1, line 11 of the printed bill, delete " or a career agent but " and insert "who is".

     On page 1 , line 11, after " agent and " insert "who".

     On page 1 , line 12, after " company " delete "," and insert "or".

     On page 1 , line 12, after " companies, " delete " or an " and insert "even if the single".

     On page 1 , line 13, delete " that " .

     On page 1 , line 13, delete " or career " .

     On page 1 , line 14, after " contract " insert ",".

Moved by:    Rounds
Second by:    Hunt
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1101 AS AMENDED

Moved by:    Hunt
Second by:    Boomgarden
Action:    Prevailed by roll call vote.(11-2-0-0)

Voting Yes:    Boomgarden, Bradford, Elliott, Hunt, Krebs, Kroger, Pederson (Gordon), Schafer, Street, Willadsen, Rounds

Voting No:    Faehn, Sebert

         SB 13: create certain provisions regarding transfers of experience rating accounts and assignment of unemployment insurance tax rates.

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Presented by:    Pam Roberts, Secretary, Department of Labor

Don Kattke, SD Department of Labor, answered questions from the Committee.

MOTION:     DO PASS SB 13

Moved by:    Faehn
Second by:    Rounds
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Boomgarden, Bradford, Elliott, Faehn, Hunt, Krebs, Kroger, Pederson (Gordon), Schafer, Street, Willadsen, Rounds, Sebert

MOTION:     PLACE SB 13 ON CONSENT CALENDAR

Moved by:    Rounds
Second by:    Hunt
Action:    Prevailed by voice vote.

         SB 49: revise certain provisions regarding payments or assignments by insurance producers for referrals.

Presented by:    Randy Moses, Division of Insurance

MOTION:     DO PASS SB 49

Moved by:    Krebs
Second by:    Schafer
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Boomgarden, Bradford, Elliott, Faehn, Hunt, Krebs, Kroger, Pederson (Gordon), Schafer, Street, Willadsen, Rounds, Sebert

MOTION:     PLACE SB 49 ON CONSENT CALENDAR

Moved by:    Rounds
Second by:    Willadsen
Action:    Prevailed by voice vote.

         SB 30: revise certain provisions regarding creditable health insurance coverage.

Presented by:    Randy Moses, Division of Insurance

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MOTION:     DO PASS SB 30

Moved by:    Pederson (Gordon)
Second by:    Kroger
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Boomgarden, Bradford, Elliott, Faehn, Hunt, Krebs, Kroger, Pederson (Gordon), Schafer, Street, Willadsen, Rounds, Sebert

MOTION:     PLACE SB 30 ON CONSENT CALENDAR

Moved by:    Rounds
Second by:    Willadsen
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Schafer
Second by:    Rounds
Action:    Prevailed by voice vote.

Cindy Tryon

Committee Secretary

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