Senate Commerce Minutes 02/03/2005 10:00 AM

80^th Legislative Session _ 2005

Committee: Senate Commerce

Thursday, February 03, 2005

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Kelly
P    Koetzle
E    Schoenbeck
P    Sutton (Dan)
P    Broderick, Vice-Chair
P    McCracken, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator McCracken, Chair

Chair McCracken deferred SB 163 to Tuesday, February 8, 2005.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 1, 2005

Moved by:    Koetzle
Second by:    Abdallah
Action:    Prevailed by voice vote.

         SB 121: revise the authority of the Public Utilities Commission to approve the sale or transfer of telecommunications exchanges and to revise the provisions concerning the obligation of telecommunications companies to report consolidations and mergers.

Presented by:    Senator Dave Knudson
Proponents:    Darla Pollman-Rogers, SD Rural Telecommunications Assn.
        John Smith, PUC attorney

MOTION:     AMEND SB 121

On page 1 of the printed bill, delete line 7 , and insert "49-31-20. Any".

On page 1 , line 9, overstrike " with another telecommunications " and insert " or transfer of stock or other ownership interests that will result in a different person then owning more than fifty percent of the company's stock or ownership interests ".

On page 1 , line 10, overstrike " company " .

On page 2 , line 3, delete " or transfer " .

On page 2 , line 6, delete " or transfer " .

On page 2 , line 7, delete " transaction " and insert " sale ".

On page 2 , line 8, delete " or transferred " .

On page 2 , line 23, delete everything after " section. " and insert " For the purposes of this section, the term, sale, means the passing, for consideration, of title to the assets comprising a telecommunications exchange, but does not include nonasset sale transactions such as mergers, consolidations, stock sales, or financing transactions. ".

On page 2 , delete line 24 .

On page 3 , delete lines 1 to 3 , inclusive.

On page 3 , line 4, delete everything before " For " .

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

MOTION:     DO PASS SB 121 AS AMENDED

Moved by:    Broderick
Second by:    Kelly
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), Broderick, McCracken

Excused: Schoenbeck

MOTION: TO AMEND TITLE OF SB 121

On page 1, line 3 of the printed bill, delete " and " and insert ",".

On page 1 , line 4, after " mergers " insert ", and changes to control".

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

MOTION:     PLACE SB 121 ON CONSENT CALENDAR

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

         SB 141: authorize consumer power districts to supply or transport natural or artificial gas.

Proponents:    Dennis Duncan, Heartland Consumer Power Dist.
Opponents:    Bob Miller, SD Electric Utilities
        Dave Gerdes, MidAmerican Energy Co.

MOTION:     AMEND SB 141

On page 4, line 9 of the printed bill, delete " distribution, " .

On page 4 , line 9, after " or " insert " the transmission, distribution, or transformation of ".

On page 4 , line 15, delete " distribution, " .

On page 4 , line 16, after " or " insert " the transmission, distribution, or transformation of ".

On page 6 , line 24, delete " , supply, " .

On page 7 , line 1, delete " distribution, " .

On page 7 , line 1, after " or " insert " the transmission, distribution, supply, or transformation of ".

Moved by:    Broderick
Second by:    Sutton (Dan)
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 141 AS AMENDED

Moved by:    Sutton (Dan)
Action:    Died for a lack of a second

MOTION:     DEFER SB 141 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Broderick
Second by:    Abdallah
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Broderick, McCracken

Voting No:    Sutton (Dan)

Excused:    Schoenbeck

         SB 154: exempt certain entities from the requirement to obtain lending licenses.

Presented by:    Senator Dick Kelly
Proponents:    Lynne Keller, SECOG
        Roger Novotny, Division of Banking
        Curt Everson, SD Bankers Association

MOTION:     AMEND SB 154

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

" Section 1. That § 54-4-40 be amended to read as follows:

54-4-40. Any person who engages in the business of lending money shall apply for a license as prescribed by §§ 54-4-36 to 54-4-63, inclusive. The applicant shall apply for a license under oath on forms supplied by the division. The application shall contain the name of the applicant's business, proof of surety bond, address of the business, and other information as required by the director by rule or order. The applicant shall pay an original license fee as set by rules of the commission promulgated pursuant to chapter 1-26 not to exceed one thousand dollars. If the application of an existing licensee is for an additional location, the application need only include the location and identity of the location manager, plus any changes from the existing license, or such other information the director may consider necessary. Nonprofit corporations formed pursuant to chapter 47-22 and lending entities of the State of South Dakota and any of its political subdivisions are subject to this chapter but are exempt from initial license fees, renewal fees, and surety bond requirements under this chapter.

Section 2. That § 54-14-2 be amended to read as follows:

54-14-2. Any person who engages in the business of a mortgage banker or mortgage broker shall obtain an original license to engage in such business under the terms and conditions of this chapter, shall apply therefor under oath, on forms prescribed by the division, and shall pay an original, nonrefundable license fee as set by rules of the commission promulgated pursuant to chapter 1-26. The fee for a mortgage banker license may not exceed one thousand dollars and the fee for a mortgage broker license may not exceed five hundred dollars. If the application is approved, a license shall be issued.

To renew a license, the licensee shall file for renewal by June fifteenth. Licenses shall be renewed on July first. The commission shall establish a renewal license fee by rules promulgated pursuant to chapter 1-26. The renewal fee for a mortgage banker license may not exceed one thousand dollars and the renewal fee for a mortgage broker license may not exceed five hundred dollars. Nonprofit corporations formed pursuant to chapter 47-22 and lending entities of the State of South Dakota and any of its political subdivisions are subject to this chapter but are exempt from initial license fees, renewal fees, and surety bond requirements under this chapter. ".

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

MOTION:     DO PASS SB 154 AS AMENDED

Moved by:    Broderick
Second by:    Koetzle
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), Broderick, McCracken

Excused:    Schoenbeck

MOTION: TO AMEND TITLE OF SB 154

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "exempt certain entities from the lending license fees and surety bond requirements.".

On page 1 , delete line 2 .

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

         SB 162: revise the requirements for physician licensure under certain circumstances.

Presented by:    Senator Tom Dempster
Proponents:    Dave Kapaska, Avera McKennan Hospital (Handout 1)
Opponents:    Dave Gerdes, SD State Medical Assn.
        Dean Krogman, SD State Medical Assn.

MOTION:     AMEND SB 162

On page 2, line 1 of the printed bill, after " section " insert " for minor variations in the applicant's credentials ".

On page 2 , line 2, after " met. " insert " Minor variations in the applicant's credentials include such things as not completing the testing requirements within the time allowed or failing the examination more times than allowed. ".

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

MOTION:     DO PASS SB 162 AS AMENDED

Moved by:    Broderick
Action:    Died for a lack of a second

MOTION:     DEFER SB 162 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Koetzle
Second by:    Abdallah
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), Broderick, McCracken

Excused:    Schoenbeck

         SB 167: provide health insurance coverage for contraceptive drugs and devices .

Due to lack of time, Chair McCracken requested testimony from those who could not be present at the next committee meeting to be held on Tuesday, February 8.

Opponents:    Glenn Ridder, MD, self, Sioux Falls
        Dena Espenscheid, self, Sioux Falls

MOTION:     ADJOURN

Moved by:    Abdallah
Second by:    Koetzle
Action:    Prevailed by voice vote.

Grace Curtis

____________________________

Committee Secretary

Royal "Mac" McCracken, Chair

../02031000.SCO

Page 1