82nd Legislative Session _ 2007

Committee: House Commerce
Wednesday, February 14, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
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

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

Moved by:    Pederson (Gordon)
Second by:    Juhnke
Action:    Prevailed by voice vote.

The Chair deferred SB 147 and SD 186 until another day.

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.



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

1284ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That subdivision (7) of § 34-45-1 be amended to read as follows:

             (7)      "911 emergency surcharge," any charge set by the governing body and assessed on each local exchange access line which physically terminates within the governing body's designated 911 service area. For a mobile telecommunications service, the term, 911 emergency surcharge, means any charge set by the governing body and assessed per cellular telephone identified within the governing body's designated 911 service area as determined by the customer's place of primary use as defined in 4 U.S.C. § 124 as in effect on July 28, 2000. Notwithstanding any other provision of this chapter and for purposes of the surcharge imposed by this chapter, the surcharge imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. §§ 116- 126 as in effect on July 28, 2000. For prepaid wireless telephone calling services, the term, 911 emergency surcharge, means any charge set by the governing body and assessed per month of service purchased pursuant to §  34-45-5 within the governing body's designated 911 service area;

     Section 2. That § 34-45-5 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

70sb
     On the Senate Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

"      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:

             (1)      Eighteen years of age or older;
             (2)      Good moral character;
             (3)      High school diploma or equivalent;
             (4)      Completion of no less than five hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board;
             (5)      Absence of unprofessional conduct;
             (6)      Malpractice Professional liability insurance coverage with limits at or above an amount set by the board; and
             (7)      Passing score on an examination administered by a national certification board accredited by the National Commission of Certifying Agencies and in good standing with the National Organization of Competency Assurance approved by the board in rules

promulgated pursuant to chapter 1-26 .

     A license issued under this chapter is valid for a period of two years one year from the date it was issued and automatically expires unless it is renewed. The board may refuse to grant a license to any person based on failure to demonstrate the requirements of this section. An applicant may appeal the denial of a license in compliance with 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:

     The board may issue an inactive massage therapist license upon payment of the application fee.

     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:


             (1)      The form and information required for any license application;
             (2)      A list of recognized facilities or instructors who may provide training or instruction required for licensure or continuing education requirements;
             (3)      The amount of license fees;
             (4)      The procedures for conducting disciplinary proceedings; and
             (5)      The minimum limits of malpractice insurance to be carried by any person licensed under this chapter ; and
             (6)    The procedures for applying for an inactive license and the procedures to regain active licensure . "

Moved by:    Dreyer
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.

Cheri Hauschild

____________________________

Committee Secretary
Tim Rounds, Chair