81
st Legislative Session _ 2006
Committee: Senate Commerce
Tuesday, January 31, 2006
P - Present
E - Excused
A - Absent
Roll Call
P Abdallah
P Kelly
P Koetzle
P 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
MOTION:
TO APPROVE THE MINUTES OF JANUARY 26, 2006.
Moved by: Abdallah
Second by: Koetzle
Action: Prevailed by voice vote.
SB 130: impose the 911 monthly telephone surcharge to prepaid telephone calling
services.
Presented by: Senator Tom Dempster
Proponents: Kenneth Mc Farland, Minnehaha County
Lorin Pankratz, Association of County Commissioners
Greg Dean, SD Telecommunications Assn.
Senator Dempster presented amendment 130fb.
MOTION:
AMEND SB 130
130fb
On page
2,
line 21 of the printed bill,
before "
telephone
"
insert "
wireless
".
On page
3
,
delete lines
3 to 7
, inclusive, and insert:
"
(8A) "Prepaid wireless telephone service," any wireless telephone service that is activated in
advance by payment for a finite dollar amount of service or for a finite number of minutes
that terminate either upon use by any person and delivery by the wireless provider of an
agreed amount of service corresponding to the total dollar amount paid in advance or
within a certain period of time following the initial purchase or activation, unless an
additional payment is made;
".
On page
4
,
line 4,
after "
prepaid
"
insert "wireless".
On page
4
,
delete line
7
, and insert "customer paid for the wireless telephone that is being used
in connection with the prepaid minutes or other units of usage. However, if that place is unknown
to the provider, the surcharge amount shall be based on the location associated with the wireless
telephone number. The prepaid wireless telephone calling service".
Moved by: Broderick
Second by: Kelly
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 130 AS AMENDED
Moved by: Broderick
Second by: Koetzle
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
PLACE SB 130 ON CONSENT CALENDAR
Moved by: Kelly
Action: Withdrawn.
MOTION:
CONFIRM REAPPOINTMENT OF SUSAN SHAY BRUGGER, BROOKINGS,
SOUTH DAKOTA, TO THE SOUTH DAKOTA LOTTERY COMMISSION
Moved by: Abdallah
Second by: Schoenbeck
Action: Prevailed by voice vote.
MOTION:
CONFIRM REAPPOINTMENT OF TOM LECKEY, PIERRE, SOUTH DAKOTA,
TO THE SOUTH DAKOTA LOTTERY COMMISSION
Moved by: Schoenbeck
Second by: Broderick
Action: Prevailed by voice vote.
MOTION:
CONFIRM REAPPOINTMENT OF LINDA BARKER, SIOUX FALLS, SOUTH
DAKOTA, TO THE SD HOUSING DEVELOPMENT AUTHORITY
Dar Baum, executive director, South Dakota Housing Development Authority, spoke in favor of Ms.
Barker's reappointment.
Moved by: Kelly
Second by: Koetzle
Action: Prevailed by voice vote.
MOTION:
CONFIRM REAPPOINTMENT OF JAMES ROBY, WATERTOWN, SOUTH
DAKOTA, TO THE SOUTH DAKOTA BUILDING AUTHORITY
Moved by: Schoenbeck
Second by: Kelly
Action: Prevailed by voice vote.
SB 166: adopt the Uniform Athlete Agents Act.
Presented by: Senator Dave Knudson
Proponents: Michael Demersseman, Rapid City, SD
Senator Knudson distributed amendment 166ja.
MOTION:
AMEND SB 166
166ja
On page
3,
line 8 of the printed bill, delete "state" and insert "the Department of Revenue and
Regulation".
On page
6
,
line 3,
delete "
state
"
and insert "the Department of Revenue and Regulation".
On page
6
,
line 5,
after "
Act.
"
insert "The secretary of the Department of Revenue and
Regulation shall submit a copy of each certificate of registration issued to the Office of the Secretary
of State.".
On page
6
,
line 6,
delete "
state
"
and insert "the Department of Revenue and Regulation".
On page
6
,
line 6, after "secretary"
delete "
of
"
.
On page
6
,
line 7,
delete "
state
"
.
On page
6
,
line 9,
delete "
of state
"
.
On page
6
,
line 24,
delete "
state
"
and insert "the Department of Revenue and Regulation".
On page
7
,
line 21,
delete "
state
"
and insert "the Department of Revenue and Regulation".
On page
7
,
line 23,
delete "
state
"
and insert "the Department of Revenue and Regulation".
On page
7
,
line 24,
after "
hearing.
"
insert "The secretary shall provide notice of such hearing and
any action taken in response to the hearing to the Office of the Secretary of State.".
On page
8
,
line 2,
delete "
state
"
and insert "the Department of Revenue and Regulation".
On page
10
,
line 18,
delete "
state
"
and insert "the Department of Revenue and Regulation".
On page
12
,
line 7,
delete "
state
"
and insert "the Department of Revenue and Regulation".
Moved by: Schoenbeck
Second by: Abdallah
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 166 AS AMENDED
Moved by: Broderick
Second by: Abdallah
Action: Prevailed by roll call vote.(4-3-0-0)
Voting Yes: Abdallah, Koetzle, Broderick, McCracken
Voting No: Kelly, Schoenbeck, Sutton (Dan)
SB 194: revise the definition of wine for farm wineries.
Presented by: Senator Ben Nesselhuf
Proponents: Eldon Nygaard, Valiant Vineyards
Opponents: Michael Kenyon, Department of Revenue and Regulation
Jeremiah M. Murphy, SoDak Distributing (Handout B)
Senator McCracken distributed a copy of an email from Matt Keck with Prairie Berry Winery, Hill
City, SD, who is an proponent of SB 194 (Handout A).
Senator Nesselhuf suggested an amendment to SB 194 be prepared to alleviate some concerns
voiced at the meeting.
The Chair deferred SB 194 until to February 2, 2006..
HB 1042: revise certain requirements regarding the license renewal of insurance
producers.
Presented by: Merle Scheiber, Division of Insurance
MOTION:
DO PASS HB 1042
Moved by: Schoenbeck
Second by: Sutton (Dan)
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
PLACE HB 1042 ON CONSENT CALENDAR
Moved by: Koetzle
Second by: Schoenbeck
Action: Prevailed by voice vote.
SB 49: modify the requirements for health discount plans.
(This bill had a prior
hearing on January 19, 2006)
Presented by: Randy Moses, Division of Insurance
Mr. Moses distributed amendment 49ja
MOTION:
AMEND SB 49
49ja
On page
2,
line 5 of the printed bill,
delete "
specialty
"
and insert "ancillary".
On page
2
,
line 6,
delete "
specialty
"
and insert "ancillary".
On page
2
,
line 9,
delete "
plan's
"
.
On page
2
,
line 10,
delete "
card
"
and insert "plan".
On page
2
,
line 12,
delete everything after "
program
"
.
On page
2
,
delete lines
13 and 14
.
On page
2
,
line 15,
delete everything before "
;
"
.
On page
3
,
line 4,
delete "
specialty
"
and insert "ancillary".
On page
3
,
between lines 11 and 12, insert:
"
(1) "Ancillary services," includes audiology, dental, vision, mental health, substance abuse,
chiropractic, and podiatry services;".
On page
3
,
line 12,
delete "
(1)
"
and insert "(2)".
On page
3
,
line 12,
delete "
specialty
"
and insert "ancillary".
On page
3
,
line 20,
delete "
(2)
"
and insert "(3)".
On page
3
,
line 21,
delete "
specialty
"
and insert "ancillary".
On page
3
,
line 23,
delete "
and is
"
.
On page
3
,
line 24,
delete "
(3)
"
and insert "(4)".
On page
4
,
line 4,
delete "
(4)
"
and insert "(5)".
On page
4
,
line 10,
delete "
specialty
"
and insert "ancillary".
On page
4
,
line 11,
delete "
(5)
"
and insert "(6)".
On page
4
,
line 14,
delete "
(6)
"
and insert "(7)".
On page
4
,
line 16,
delete everything after "
program
"
.
On page
4
,
delete lines
17 and 18
.
On page
4
,
line 19,
delete everything before "
;
"
.
On page
4
,
line 20,
delete "
(7)
"
and insert "(8)".
On page
4
,
line 24,
delete "
(8)
"
and insert "(9)".
On page
5
,
line 1,
after "
provide medical
"
insert "or ancillary".
On page
5
,
line 3,
delete "
(9)
"
and insert "(10)".
On page
5
,
line 5,
delete "
specialty
"
and insert "ancillary".
On page
5
,
line 5,
delete "
;
"
and insert ".".
On page
5
,
delete lines
6 and 7
.
On page
5
,
line 16,
delete "
other
"
.
On page
5
,
line 21,
delete "
in another state
"
.
On page
5
,
line 22,
after "
organization
"
insert "in another state".
On page
10
,
line 12,
delete "
to be used in the discretion of
"
and insert "and shall be in favor of
any person and the director of the Division of Insurance for the benefit of any person who is
damaged by any violation of
§
§
58-17C-104 to 58-17C-108, inclusive, including any violation by
the supplier or by any other person that markets, promotes, advertises, or otherwise distributes a
discount card on behalf of the supplier. The bond shall cover any violation occurring during the time
period during which the bond is in effect.".
On page
10
,
line 13,
delete "
the director to protect the financial interest of members.
"
.
On page
12
,
line 3,
delete "
have a written agreement between the
"
and insert "prepare written
materials for".
On page
12
,
line 4,
delete "
organization and
"
.
On page
12
,
line 8,
delete "
specialty
"
and insert "ancillary".
On page
12
,
line 15,
delete "
specialty
"
and insert "ancillary".
On page
13
,
line 8,
after "
require
"
insert "the provider".
On page
13
,
line 23,
after "
directly
"
insert "or indirectly".
On page
14
,
line 1,
after "
contracted
"
insert "directly or indirectly".
On page
14
,
line 16,
delete "
agency relationship
"
and insert "contract".
On page
14
,
line 17,
after "
organization
"
insert ", or are otherwise approved by or under the
direction and control of the organization".
On page
16
,
line 6,
delete "
specialty
"
and insert "ancillary".
On page
16
,
line 7,
delete "
specialty
"
and insert "ancillary".
On page
16
,
line 19,
delete "
prospective or
"
.
On page
16
,
line 20,
delete "
a written agreement at the time of purchase
"
and insert "written
materials".
On page
16
,
line 23,
delete "
agreement
"
and insert "materials".
On page
17
,
line 7,
delete "
specialty
"
and insert "ancillary".
On page
17
,
line 19,
delete "
Division of Insurance or the
"
and insert "local".
On page
20
,
line 3,
delete "
specialty
"
and insert "
ancillary
".
On page
20
,
line 4,
delete "
specialty
"
and insert "
ancillary
".
On page
20
,
line 5,
delete "
specialty
"
and insert "
ancillary
".
On page
20
,
line 7,
delete "
specialty
"
and insert "
ancillary
".
Moved by: Broderick
Second by: Abdallah
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 49 AS AMENDED
Moved by: Schoenbeck
Second by: Sutton (Dan)
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
ADJOURN
Moved by: Koetzle
Second by: Broderick
Action: Prevailed by voice vote.
Grace Curtis
____________________________
Committee Secretary
Royal "Mac" McCracken, Chair
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