Senate Commerce Minutes 01/30/2007 10:00 AM

82^nd Legislative Session _ 2007

Committee: Senate Commerce

Tuesday, January 30, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Dempster
P    Katus
P    Koetzle
P    Turbak
P    Gray, 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 THURSDAY, JANUARY 25, 2007.

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by voice vote.

         SB 10: revise certain requirements and procedures regarding the one-call notification system for excavation activities.

Proponents:    Larry Englerth, SD One Call Notification Board
        Kara VanBockern, Public Utilities Commission

MOTION:     AMEND SB 10

On page 1 of the printed bill, delete lines 5 to 13 , inclusive, and insert:

"

(3) "Excavation," any operation in which earth, rock, or other material in or on below the ground is moved or otherwise displaced by means of tools, equipment, or explosives, and includes grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing or driving, except ~~tilling~~ :

(a) Tilling of soil and gardening to a depth of twelve inches and the tilling of soil for agricultural purposes to a depth of eighteen inches ~~, road and ditch maintenance that does not extend below eighteen inches of original roadgrade or ditch flowline within the road right-of-way, digging~~ ;

(b) Pot hole repair and grading of an existing public road if the pot hole repair and grading does not extend more than twelve inches below the finished roadway;

©) Any vehicle operation or operation involving the use of any hand tool, other than a power tool, so long as such operation does not extend more than eighteen inches below the surface of the groundline within the right-of-way;

(d) Any road and ditch repair or road and ditch activity that does not extend more than eighteen inches below the surface of the groundline within the right-of-way, so long as the person performing the repair or activity notifies the one-call notification center in advance of commencing excavation, by telephone or other methods approved by the board, of the proposed repair or activities;

(e) Digging in a cemetery ~~, or digging~~ ; and

(f) Digging in a planned sanitary landfill;".

Moved by:    Dempster
Second by:    Turbak
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 10 AS AMENDED

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

Voting Yes:    Abdallah, Dempster, Katus, Koetzle, Turbak, McCracken

Voting No:    Gray

         SB 93: provide for promotional displays by vehicle dealers under certain conditions.

Presented by:    Senator Gene Abdallah
Proponents:    Myron Rau, SD Auto Dealer's Assn.

MOTION:     DO PASS SB 93

Moved by:    Abdallah
Second by:    Gray
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Koetzle, Turbak, Gray, McCracken

MOTION:     PLACE SB 93 ON CONSENT CALENDAR

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

         SB 107: set the apprentice to experienced electrician ratio on job sites.

Presented by:    Senator Gil Koetzle
Proponents:    Rob Fischer, Sioux Falls (Document 1)
        Mark Anderson, SD State Federation of Labor AFL-CIO
Opponents:    Terry Sabers, Muth Electric
        Pam Fuhrer, IEC-Dakotas, Inc.
        David Owen, SD Chamber of Commerce & Industry
        Chris Paustian, Mitchell Tech
        Larry Zikmund, Associated General Contractors - Building Chapter

MOTION:     AMEND SB 107

On page 1, line 8 of the printed bill, overstrike " He " and insert " The apprentice ".

Moved by:    Turbak
Second by:    Dempster
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 107 AS AMENDED

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

MOTION:     DEFER SB 107 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Gray
Second by:    Dempster
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Gray, McCracken

Voting No:    Koetzle, Turbak

         SB 159: allow a taxpayer who is the subject of an audit to provide evidence after the prescribed deadline under limited circumstances.

Presented by:    Senator Bob Gray
Proponents:    Bob Riter Jr., National Federation of Independent Business
        Margo Northrup, National Federation of Independent Business
        Shawn Lyons, SD Retailers Association
        David Owen, SD Chamber of Commerce & Industry
        Robert O'Connell, Sioux Falls Area Chamber of Commerce
Opponents:    Bruce Christensen, Department of Revenue & Regulation (Document 2)

MOTION:     DO PASS SB 159

Moved by:    Abdallah
Second by:    Dempster
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Koetzle, Turbak, Gray, McCracken

MOTION:     PLACE SB 159 ON CONSENT CALENDAR

Moved by:    Turbak
Second by:    Katus
Action:    Prevailed by voice vote.

         SB 160: require timely honoring of rebates and to provide a private cause of action.

Presented by:    Senator Bob Gray
Proponents:    Charlie McGuigan, Attorney General's Office

Sam Wilson, AARP

MOTION: AMEND SB 160

On page 1, line 5 of the printed bill, delete " sales or " .

On page 1 , line 5, after " service provider " insert "or manufacturer".

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

MOTION:     AMEND SB 160

On page 2, line 5 of the printed bill, delete " A state's attorney or the attorney general " and insert "Any person".

On page 2 , delete lines 13 to 19 , inclusive, and insert:

"

In the event the plaintiff substantially prevails, the court shall award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees.".

Moved by:    Turbak
Second by:    Dempster
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 160 AS AMENDED

Moved by:    Abdallah
Second by:    Dempster
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Koetzle, Turbak, Gray, McCracken

MOTION:     PLACE SB 160 ON CONSENT CALENDAR

Moved by:    Turbak

Second by:    Abdallah
Action:    Failed by voice vote.

         SB 47: prevent illegal multiple employer welfare arrangements and other illegal health insurers.

Presented by:    Randy Moses, Division of Insurance

MOTION:     AMEND SB 47

On page 2, line 3 of the printed bill, after " which is " insert "or was".

On page 2 , line 4, after " program is " insert "or was".

On page 16 , line 7, delete " under this Act " .

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 47

On page 16, after line 14 of the printed bill, insert:

" Section 23. That chapter 58-33 be amended by adding thereto a NEW SECTION to read as follows:

Nothing in this Act applies to a joint powers agreement authorized pursuant to chapter 1-24.".

Moved by:    Katus
Second by:    Dempster
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 47

On page 6, line 18 of the printed bill, delete " file a written report with " and insert "notify".

On page 6 , line 21, after " . " insert:

"A licensee meets the requirements of this section if that licensee reviews the division's website of admitted health insurers and either does not notify the division's MEWA contact if that insurer is listed as an admitted insurer or notifies the division's MEWA contact if that insurer is not listed as an admitted insurer. For the purposes of this section an insurer does not include a stop loss insurer but a stop loss insurer is a licensee under this section.".

On page 7 , line 5, delete " files the required report " and insert "notifies the division".

On page 7 , between lines 18 and 19, insert:

"

A licensee may provide other evidence to the division to indicate that the licensee did not reasonably know that a product is unauthorized. In making its determination regarding whether a licensee should have known the product is unauthorized and the appropriateness of any penalty for failing to notify the division of such a product, the division shall consider the prior experience and the existence or lack of training of that licensee.".

On page 7 , line 21, delete " report filed " and insert "notification made".

On page 7 , line 24, after " filed " insert "or information provided".

On page 8 , line 5, after " report " insert "or notification".

On page 8 , line 9, after " filed " insert "or notification provided".

On page 14 , delete lines 3 to 8 , inclusive, and insert:

"

A licensee or other person who acts according to the written advice of the MEWA contact has a defense to any violation of sections 11 to 16, inclusive, of this Act if the information provided by the licensee or other person to the MEWA contact, to the extent material to the MEWA contact's advice, is accurate and complete.".

On page 14 , line 11, delete " Nothing in this section relieves a licensee or other person " and insert "Nothing in this Act requires a licensee or other person to notify the division of an unauthorized product or insurer if that licensee or person has reviewed the division's website and the unauthorized insurer is listed as an admitted insurer.".

On page 14 , delete lines 12 and 13 .

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 47

On page 4, line 19 of the printed bill, after " . " insert "Nothing in this Act applies to an admitted insurer, nonadmitted insurer, or a MEWA if the arrangement is neither issued to a person in this state nor solicited in this state.".

Moved by:    Gray
Second by:    Dempster
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 47 AS AMENDED

Moved by:    Dempster
Second by:    Gray
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Koetzle, Turbak, Gray, McCracken

MOTION:     PLACE SB 47 ON CONSENT CALENDAR

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

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

Cheri Hauschild

____________________________

Committee Secretary

Royal "Mac" McCracken, Chair

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