81
st Legislative Session _ 2006
Committee: Senate Commerce
Thursday, February 02, 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 31, 2006.
Moved by: Koetzle
Second by: Broderick
Action: Prevailed by voice vote.
The Chair deferred HB 1017 until February 7, 2006.
MOTION:
CONFIRM REAPPOINTMENT OF CINDY MYDLAND, BROOKINGS
COUNTY, BROOKINGS, SOUTH DAKOTA, TO THE SD HOUSING
DEVELOPMENT AUTHORITY.
Dar Baum, Executive Director, SD Housing Development Authority, spoke in favor of Cindy
Mydland's reappointment.
Moved by: Kelly
Second by: Broderick
Action: Prevailed by voice vote.
MOTION:
CONFIRM APPOINTMENT OF DOUGLAS J. SHARP, CODINGTON COUNTY,
WATERTOWN, SOUTH DAKOTA, TO THE SOUTH DAKOTA LOTTERY
COMMISSION.
Moved by: Broderick
Second by: Kelly
Action: Prevailed by voice vote.
SB 200: authorize the risk pool board to allow additional enrollees into the risk pool
under certain circumstances.
Presented by: Kevin Forsch, Governor's Office
Proponents: Randy Moses, Division of Insurance
Mike Newton, self, Highmore
Dave Hewitt, SDAHO
Dean Krogman, SD State Medical Assn.
Dick Gregerson, Wellmark
Brett Koenecke, SD Nurses Assn.
Bruce Roseland, self, Seneca
A bill brief was distributed (Handout A).
MOTION:
AMEND SB 200
200ja
On page
3,
line 1 of the printed bill,
delete "
and
"
.
On page
3
,
line 3,
after "
subdivision
"
insert "
; and
(d) The number of applicants enrolled into the risk pool pursuant to this subdivision
in any given calendar year does not exceed three percent of the total number of
covered persons in individual health benefit plans that are no longer being
marketed in this state
".
Moved by: Kelly
Second by: Broderick
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 200 AS AMENDED
Moved by: Abdallah
Second by: Kelly
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Abdallah, Kelly, Schoenbeck, Sutton (Dan), Broderick, McCracken
Voting No: Koetzle
SB 201: revise the risk pool reimbursement method for certain health care providers.
Presented by: Kevin Forsch, Governor's Office
Proponents: Dave Hewitt, SDAHO
Dean Krogman, SD State Medical Assn.
Dick Gregerson, Wellmark
Brett Koenecke, SD Nurses Assn.
A bill brief was distributed (Handout B).
MOTION:
DO PASS SB 201
Moved by: Kelly
Second by: Schoenbeck
Action: Prevailed by roll call vote.(5-1-1-0)
Voting Yes: Kelly, Schoenbeck, Sutton (Dan), Broderick, McCracken
Voting No: Koetzle
Excused: Abdallah
HB 1036: revise certain provisions regarding the certification of an optometrist from
another state and to increase the fee for a certificate of registration.
Proponents: Dr. Dan Watson, SD Optometry Board
Bob Riter Jr., SD Optometric Society
The gavel was passed to Senator Broderick, Vice-Chair. A bill brief was distributed (Handout C).
MOTION:
DO PASS HB 1036
Moved by: Schoenbeck
Second by: Abdallah
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
SB 194: revise the definition of wine for farm wineries.
This bill was previously
heard on January 31, 2006.
Presented by: Senator Ben Nesselhuf
Proponents: Jeremiah M. Murphy, SoDak Distributing
Don South, self, Renner
Michael Kenyon, Department of Revenue, answered questions of Committee members.
MOTION:
AMEND SB 194
194jb
On page
1,
line 6 of the printed bill,
remove the overstrikes from "
table, sparkling, or
sacramental
"
.
On page
1,
line 7 of the printed bill,
after "
honey
"
insert "
, or wine as defined in subdivision (2),
".
On page
2
,
line 3,
remove the overstrikes from "
table wines, sparkling wines, and sacramental
"
.
On page
2
,
line 3,
overstrike "
wine
"
and insert "
wines, or wine as defined in subdivision (2)
".
On page
2
,
line 8,
remove the overstrikes from "
table wines, sparkling wines, and sacramental
"
.
On page
2
,
line 9,
after "
wines
"
insert "
, or wine as defined in subdivision (2),
".
On page
2
,
line 14,
remove the overstrikes from "
table or sparkling
"
.
On page
2
,
line 14,
after "
wine
"
insert "
, or wine as defined in subdivision (2),
".
On page
3
,
line 1,
remove the overstrikes from "
table wine, sparkling wines, or sacramental
wines
"
.
On page
3
,
line 1,
delete "
any wine
"
and insert "
, or any wine as defined in subdivision (2),
".
On page
3
,
line 8,
remove the overstrikes from "
table and sparkling
"
.
On page
3
,
line 8,
after "
wines
"
insert "
, and wine as defined in subdivision (2),
".
Moved by: Abdallah
Second by: Kelly
Action: Prevailed by voice vote.
MOTION:
AMEND SB 194
194jc
On page
1,
line 12 of the printed bill,
after "
made
"
insert "
without rectification, except for the
purpose of fortification,
".
Moved by: Abdallah
Second by: Kelly
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 194 AS AMENDED
Moved by: Abdallah
Second by: Kelly
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
PLACE SB 194 ON CONSENT CALENDAR
Moved by: Abdallah
Action: Died for a lack of a second
SB 61: require evidence of financial responsibility at the time of vehicle registration,
to provide for a motor vehicle insurance data base, and to provide for the
administration thereof.
Presented by: Senator Royal "Mac" McCracken
Proponents: Larry Ahrendt, SD Assn. of Insurance Agents
Merle Scheiber, Division of Insurance
Sherri Miller, Dept of Revenue
MOTION:
AMEND SB 61
61ja
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. The Motor Vehicle Insurance Data Base Task Force is created. The task force shall
study the feasibility of requiring evidence of financial responsibility at the time of vehicle
registration and the creation of a motor vehicle insurance data base to facilitate the process. The task
force shall investigate the best practices of the industry and recommend specifications for the
information to be transmitted by the insurance companies to the Division of Motor Vehicles for
inclusion in the motor vehicle insurance data base and specifications for the form and manner of
transmission of data for inclusion in the motor vehicle insurance data base.
Section 2. The task force shall consist of:
(1) The director of motor vehicles;
(2) The director of insurance;
(3) The following members selected by the director of the Division of Insurance:
(a) One representative of a domestic automobile insurance company;
(b) One representative of an admitted foreign automobile insurance company; and
©) One representative of insurance producers licensed in this state; and
(4) Four members to be selected by the director of the Division of Motor Vehicles.
The task force shall be staffed by the Division of Motor Vehicles.
Section 3. The task force shall complete a written report of its recommendations and submit the
report to the Legislature no later than October 1, 2006."
Moved by: Schoenbeck
Second by: Kelly
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 61 AS AMENDED
Moved by: Schoenbeck
Second by: Abdallah
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
TO AMEND TITLE OF SB 61
61jta
On page
1,
line 1 of the printed bill,
delete everything after "
Act to
"
and insert "establish the
Motor Vehicle Insurance Data Base Task Force and to provide for its composition, scope, and
administration.".
On page
1
,
delete lines
2 and 3
.
Moved by: Kelly
Second by: Schoenbeck
Action: Prevailed by voice vote.
MOTION:
PLACE SB 61 ON CONSENT CALENDAR
Moved by: Koetzle
Second by: Schoenbeck
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Koetzle
Second by: Kelly
Action: Prevailed by voice vote.
Grace Curtis
____________________________
Committee Secretary
Royal "Mac" McCracken, Chair
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