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 FEBRUARY 7, 2006.
Moved by: Kelly
Second by: Koetzle
Action: Prevailed by voice vote.
HB 1070: prohibit insurers from taking certain actions based on receipt of a notice
of hearing and charges against insurance producers and to require that persons
receiving such notice also receive notice of the final determination of the matter.
Presented by: Senator Jason Gant
MOTION:
DO PASS HB 1070
Moved by: Kelly
Second by: Sutton (Dan)
Action: Prevailed by roll call vote.(5-0-2-0)
"
Section 1. That
§
35-2-7
be amended to read as follows:
35-2-7.
Any license granted under this title may be transferred to a new location or to another
person. If the transfer is to another person, the licensee
must
shall
show in writing, under oath, that
he
the licensee
has made a bulk sale of the business operated under the license. The bulk sale may
be conditioned upon the granting of a transfer of the license. The transferee
must
shall
make an
application exactly as if an original applicant, and the application shall take the same course and be
acted upon as if an original application. No transfer of any license to another person may be granted
until all
municipal and state sales
taxes incurred by the transferor as a result of the operation of the
licensed premises
have been paid and that all property taxes levied on such premises which are the
liability of the licensee
, including municipal and state sales and use taxes, unemployment insurance
tax, or any other state tax,
are paid or are not delinquent.
No transfer of any license to another person
may be granted until all property taxes which are the liability of the licensee levied on the licensed
premises are paid or are not delinquent. No transfer of any license may be granted from an Indian
tribe operating in Indian country controlled by the Indian tribe or from an enrolled tribal member
operating in Indian country controlled by the enrolled tribal member's tribe until all use tax incurred
as a result of the operation of the licensed premises by nonmembers, and any other state tax, has been
remitted or is not delinquent.
If the transfer is to a new location, the licensee
must
shall
make
application showing all the relevant facts
as to such
for the
new location
, which
. The
application
shall take the same course and be acted upon as if an original application.
When
If
a license is
transferred, a fee of one hundred fifty dollars is required to continue the unexpired portion of the
license.
Section 2. That
§
35-2-24
be amended to read as follows:
35-2-24.
No license granted under this title may be reissued until all
municipal and state sales
and use tax
taxes
incurred by the licensee as a result of the operation of the licensed premises
have
been paid and that all property taxes which are the liability of the licensee levied on such
, including
municipal and state sales and use taxes, unemployment insurance tax, or any other state tax,
are paid
or are not delinquent.
No license granted under this title may be reissued until all property taxes
which are the liability of the licensee levied on the licensed premises are paid or are not delinquent.
No license granted under this title may be reissued to an Indian tribe operating in Indian country
controlled by the Indian tribe or to an enrolled tribal member operating in Indian country controlled
by the enrolled tribal member's tribe until the Indian tribe or enrolled tribal member remits to the
department all use tax incurred by nonmembers as a result of the operation of the licensed premises,
and any other state tax has been remitted or is not delinquent.
Section 3. That
§
35-2-25
be amended to read as follows:
35-2-25.
No license granted pursuant to subdivisions 35-4-2(3), (4), (6), (12), (13), (16), and (17)
may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45
,
or, if applicable, a use tax license pursuant to chapter 10-46
. The provisions of this section do not
apply to a municipality which has procured a retail alcoholic beverage license pursuant to chapter
35-3.
"
Moved by: Abdallah
Second by: Kelly
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 98 AS AMENDED
Moved by: Abdallah
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 98
Moved by: Koetzle
Second by: Abdallah
Action: Prevailed by voice vote.
MOTION:
PLACE SB 98 ON CONSENT CALENDAR
Moved by: Abdallah
Second by: Kelly
Action: Failed by voice vote.
HB 1111: require certain third party administrators to provide reports of claims
experience upon request.
Presented by: Representative Shantel Krebs (Handout A)
Proponents: Drew Duncan, Dakotacare
Joe Dobbs, First Administrator, Rapid City
Randy Moses, Division of Insurance, answered questions of committee members.
MOTION:
DO PASS HB 1111
Moved by: Sutton (Dan)
Second by: Kelly
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
HB 1113: exempt claims related to wildland fire operations outside the state from
certain workers' compensation provisions.
Presented by: Representative Thomas Deadrick
Proponents: Larry Gabriel, Secretary, Department of Agriculture
Steve Willard, SD Joint Fire Council
MOTION:
AMEND HB 1113
Moved by: Broderick
Second by: Schoenbeck
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1113 AS AMENDED
Moved by: Broderick
Second by: Schoenbeck
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Abdallah, Kelly, Schoenbeck, Sutton (Dan), Broderick, McCracken
Voting No: Koetzle
MOTION:
TO AMEND TITLE OF HB 1113
Moved by: Kelly
Presented by: Representative Jeffrey Haverly
Proponents: Ann Whipple, Dept. Of Labor, Rapid City (Handout D)
Randy Fisher, Landscape Architects, Rapid City
Mike Bender, Landscape Architects, Rapid City
Opponents: John Childs, Design Professionals Coalition, Pierre
MOTION:
DEFER HB 1102 UNTIL TUESDAY, FEBRUARY 14.
Moved by: Kelly
Second by: Koetzle
Action: Prevailed by voice vote.
Grace Curtis