P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Rounds, Chair
MOTION:
TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 12, 2007
Testimony had previously been taken on Wednesday, February 7, 2007.
HB 1284: revise certain provisions regarding the collection of 911 telephone
surcharges from users and purchasers of prepaid wireless telephone services.
E - Excused
A - Absent
P Ahlers
P Boomgarden
P Dreyer
P Engels
P Hunt
P Juhnke
P Noem
P Novstrup (David)
P Nygaard
P Pederson (Gordon)
P Street
P Willadsen, Vice-Chair
P Rounds, Chair
Moved by: Pederson (Gordon)
Second by: Juhnke
Action: Prevailed by voice vote.
The Chair deferred SB 147 and SD 186 until another day.
Presented by: Representative Hal Wick
Proponents: Dennis Duncan, Tracfone Wireless, Inc.
Opponents: Shawn Lyons, SD Retailers Association
Otto Doll, Bureau of Information and Telecommunications
MOTION:
AMEND HB 1284
"
Section 1. That subdivision (7) of
§
34-45-1
be amended to read as follows:
34-45-5.
Any charge imposed pursuant to §§ 34-45-3 and 34-45-4 and required to be collected
by the local exchange access company shall be added to, and shall be stated separately in, the billings
to the service user.
The 911 emergency surcharge authorized by
§
§
34-45-3 and 34-45-4 shall be
imposed on prepaid wireless telephone service, including prepaid wireless service represented by
a card or other item of tangible personal property, sold by a prepaid wireless wholesaler to a retailer
for resale in South Dakota. The wholesaler shall collect the separately stated surcharge from the
retailer. The fee for prepaid wireless telephone service is one and one-half percent of the wholesale
sales price paid by the retailer with respect to its sales of the wholesaler's prepaid wireless service
in South Dakota.
Section 3. That
§
34-45-8.1
be amended to read as follows:
34-45-8.1.
Each prepaid wireless telephone calling service provider shall remit the surcharge
amount on each account for which service has been paid and not yet used to the governing body each
calendar quarter pursuant to § 34-45-8. The surcharge amount shall be remitted to the location
associated with the telephone number that is programmed into the wireless telephone that will be
providing prepaid wireless telephone service. If the prepaid wireless telephone calling service
provider is unable to determine the location of the customer, the surcharge amount shall be remitted
based on the place at which the customer paid for the prepaid wireless telephone service. The prepaid
wireless telephone calling service provider may deduct units of usage equivalent to the amount of
the surcharge from the unused telecommunication service, if the provider has so notified the
purchaser at or before the time of purchase.
Each wholesaler of prepaid wireless service shall remit
the surcharge amount to the governing body each calendar quarter pursuant to
§
34-45-8. The
surcharge amount shall be remitted to the location based on the retail sales in that location as
reported by the retailer of the prepaid wireless service.
"
Moved by: Hunt
Second by: Juhnke
Action: Prevailed by roll call vote.(7-6-0-0)
Voting Yes: Boomgarden, Dreyer, Engels, Hunt, Juhnke, Novstrup (David), Willadsen
Voting No: Ahlers, Noem, Nygaard, Pederson (Gordon), Street, Rounds
MOTION:
DEFER HB 1284 TO THE 41ST LEGISLATIVE DAY
Moved by: Noem
Second by: Ahlers
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1284 AS AMENDED
Moved by: Hunt
Second by: Juhnke
Action: Failed by roll call vote.(3-10-0-0)
Voting Yes: Hunt, Juhnke, Willadsen
Voting No: Ahlers, Boomgarden, Dreyer, Engels, Noem, Novstrup (David), Nygaard, Pederson
(Gordon), Street, Rounds
MOTION:
DEFER HB 1284 TO THE 41ST LEGISLATIVE DAY
Moved by: Noem
Second by: Ahlers
Action: Prevailed by roll call vote.(13-0-0-0)
Voting Yes: Ahlers, Boomgarden, Dreyer, Engels, Hunt, Juhnke, Noem, Novstrup (David),
Nygaard, Pederson (Gordon), Street, Willadsen, Rounds
SB 70: revise certain fees, continuing education requirements, and examination
requirements for massage therapists.
Presented by: Representative Keri Weems
Proponents: Neil Fulton, SD American Massage Therapy Assn.
Valerie Hinzman, Board of Massage Therapy
Susan Hoffman, Leola, Self
Margaret Verville, Rapid City, Self
Susan Clift, Sioux Falls (Document 1)
Victoria Pennock, Sioux Falls, Self
Rhanda Heller, Sioux Falls (Document 2)
Brett Koenecke, Board of Massage Therapy
MOTION:
AMEND SB 70
"
Section 1. That
§
36-35-12
be amended to read as follows:
36-35-12.
The board may issue a license to engage in the practice of massage to any person who
submits an application form and the nonrefundable application fee as approved in § 36-35-17 and
who demonstrates the following qualifications:
promulgated pursuant to chapter 1-26
.
Section 2. That
§
36-35-14
be amended to read as follows:
36-35-14.
For two years following July 1, 2005
Until July 1, 2008
, the board may issue a license
to a person who demonstrates completion of a minimum of one hundred hours of training or study
in the practice of massage with a facility or instructor recognized by the board or adequate
experience derived from the active practice of massage for at least the three years immediately
preceding the date of the application. Any person applying for a license under this section is not
required to comply with the examination and training or study requirements of § 36-35-12 but shall
meet the other criteria set forth in § 36-35-12. Any person applying for a license under this section
shall submit an application as required by § 36-35-12 along with proof of active practice for at least
three years prior to the date of application.
Section 3. That
§
36-35-17
be amended to read as follows:
36-35-17.
Any applicant for a license under this chapter shall submit a nonrefundable application
fee of one hundred dollars. Any person who has a license issued or renewed by the board shall
submit a license fee in an amount set by the board, but not to exceed
three hundred
sixty-five
dollars.
Section 4. That
§
36-35-19
be amended to read as follows:
36-35-19.
Any person licensed under this chapter shall complete
eight hours of
continuing
education relating to competence in the practice of massage on
an annual
a biennial
basis
in an
amount,
of a
type
,
and from a facility or instructor approved by the board.
No more than four of the
required continuing education hours may be obtained by electronic means.
The board may waive the
continuing education requirement upon proof of illness or hardship.
Section 5. That chapter
36-35
be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That
§
36-35-24
be amended to read as follows:
36-35-24.
The board may promulgate rules pursuant to chapter 1-26 in the following areas:
Moved by: Dreyer
Cheri Hauschild
Second by: Ahlers
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 70 AS AMENDED
Moved by: Ahlers
Second by: Engels
Action: Prevailed by roll call vote.(12-0-1-0)
Voting Yes: Ahlers, Boomgarden, Dreyer, Engels, Juhnke, Noem, Novstrup (David), Nygaard,
Pederson (Gordon), Street, Willadsen, Rounds
Excused: Hunt
MOTION:
ADJOURN
Moved by: Pederson (Gordon)
Second by: Boomgarden
Action: Prevailed by voice vote.
Committee Secretary