Senate Commerce and Energy Minutes 2/8/2011 10:00 AM

86^th Legislative Session _ 2011

Committee: Senate Commerce and Energy

Tuesday, February 08, 2011

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Adelstein
P    Buhl
P    Johnston
P    Lederman
P    Rave
P    Nygaard, Vice-Chair
P    Nelson (Tom), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by chair, Senator Tom Nelson.

MOTION:    TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 3, 2011

Moved by:    Rave
Second by:    Nygaard
Action:    Prevailed by voice vote.

        SB 76: exempt certain gift certificates and closed-loop prepaid cards from the unclaimed property provisions.

Presented by:    Senator Shantel Krebs
Proponents:    Shawn Lyons, SD Retailers Association
        Rich Sattgast, SD State Treasure
        David Owen, SD Chamber of Commerce & Industry
        Michele Brich, SD Innkeepers Association

MOTION:    DO PASS SB 76

Moved by:    Adelstein

Second by:    Lederman
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Adelstein, Buhl, Johnston, Lederman, Rave, Nygaard, Nelson (Tom)

MOTION:    PLACE SB 76 ON CONSENT CALENDAR

Moved by:    Nygaard
Second by:    Adelstein
Action:    Prevailed by voice vote.

        SB 132: provide the right of first refusal to construct and own electric transmission lines to incumbent electric utilities.

Presented by:    Senator Tim Rave
Proponents:    Steve Willard, SD Electric Utilities (Handouts: #1)
        Brett Koenecke, SD Electric Utilitiy Companies
        Chris Nelson, Public Utilities Commissioner
Opponents:    Deb Birgen, Missouri River Energy
        Larry Nelson, SD Municipal Electric Association

Kevin Kouba, Otter Tail Power Company, answered questions of the committee

MOTION:    AMEND SB 132

On page 1, line 10 of the printed bill, after "state" insert "municipal power agency".

On page 2, delete lines 1 to 12, inclusive, and insert:

"connects to facilities owned by two or more incumbent electric transmission owners belongs individually and proportionally to each incumbent electric transmission owner, unless otherwise agreed in writing. If an electric transmission line has been approved for construction in a federally registered planning authority transmission plan, the incumbent electric transmission owner may give notice to the commission, in writing, within ninety days of approval, of its intent to construct, own, and maintain the electric transmission line. If no notice is provided, the incumbent electric transmission owner shall surrender its first right to construct, own, and maintain the electric transmission line.".

Moved by:    Adelstein
Second by:    Nygaard
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND SB 132

On page 1, line 9, of the printed bill, after "state" delete "or" and insert ", a".

On page 1, line 10, after "state" insert ", a municipal power agency whose members furnish electric service in this state,".

On page 2, line 3, after "." insert "This right is only available if the incumbent transmission owner offers to other incumbent electric transmission owners who serve load in the incumbent transmission owner's load zone commercially reasonable terms and conditions of joint ownership in the electric transmission line. The commission may not approve the electric transmission line unless the incumbent transmission owner receives a written release from all the other incumbent electric transmission owners who serve load in the load zone that they do not desire to invest in the electric transmission line.".

On page 2, line 12, after "." insert "Within one year after the notice, the incumbent electric transmission owner shall file an application for a permit in accordance with chapter 49-41B.".

Moved by:    Nygaard
Second by:    Buhl
Action:    Failed by voice vote.

MOTION:    AMEND SB 132

On page 1, line 10 of the printed bill, after "state" insert "or a municipal power agency".

On page 2, delete lines 1 to 12, inclusive, and insert:

transmission owner shall surrender its first right to construct, own, and maintain the electric transmission line.

Moved by:    Adelstein
Second by:    Nygaard
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 132 AS AMENDED

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

Voting Yes:    Adelstein, Johnston, Lederman, Rave, Nygaard, Nelson (Tom)

Voting No:    Buhl

        HB 1031: increase the national registry fee for real estate appraisers.

Presented by:    Sherry Bren, Department of Labor

MOTION:    DO PASS HB 1031

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

Voting Yes:    Adelstein, Buhl, Johnston, Lederman, Nygaard, Nelson (Tom)

Excused:    Rave

        HB 1032: authorize imposition of a permanent injunction upon any person engaged in an unlicensed real estate appraisal practice.

Presented by:    Sherry Bren, Department of Labor
Proponents:    Randy Vance, Professional Appraisers Association

MOTION:    DO PASS HB 1032

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

Voting Yes:    Adelstein, Buhl, Johnston, Lederman, Nygaard, Nelson (Tom)

Excused:    Rave

MOTION:    PLACE HB 1032 ON CONSENT CALENDAR

Moved by:    Nygaard
Second by:    Lederman
Action:    Prevailed by voice vote.

        HB 1036: revise the time when financial reports of the guaranty association are submitted to the director of insurance.

Presented by:    Craig Matson, State Farm Insurance
Proponents:    Merle Scheiber, Division of Insurance

MOTION:    DO PASS HB 1036

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

Voting Yes:    Adelstein, Buhl, Johnston, Lederman, Nygaard, Nelson (Tom)

Excused:    Rave

MOTION:    PLACE HB 1036 ON CONSENT CALENDAR

Moved by:    Nygaard
Second by:    Buhl
Action:    Prevailed by voice vote.

        SB 201: restrict the application of certain foreign laws, legal codes, and system with respect to state legal proceedings.

MOTION:    REFER SB 201 TO STATE AFFAIRS

Moved by:    Lederman
Second by:    Adelstein
Action:    Prevailed by roll call vote. (5-1-1)

Voting Yes:    Adelstein, Johnston, Lederman, Nygaard, Nelson (Tom)

Voting No:    Buhl

Excused:    Rave

        HB 1034: repeal the requirement for motor vehicle liability insurance safety rating discounts for certain older motor vehicle drivers.

MOTION:    DO PASS HB 1034

Moved by:    Nygaard
Action:    Died for lack of a second.

MOTION:    AMEND HB 1034

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

" Section 1. That § 58-11-58 be amended to read as follows:

58-11-58. Any schedule of rates or rating plan for private passenger motor vehicle bodily injury and property damage liability insurance and collision insurance submitted to, or filed with, the Division of Insurance shall provide for an appropriate reduction in premium charges for persons fifty-five years of age or older who have successfully completed a motor vehicle accident prevention course ~~meeting the criteria approved by the Department of Revenue and Regulation~~.

A motor vehicle accident prevention course shall include at least four hours of online or classroom instruction on the effects of aging on driving behavior; the effects of alcohol, drugs, and medications on older drivers; laws relating to the proper use of a motor vehicle and safe driving behavior; traffic crash avoidance and prevention measures; and driving hazards and risk factors associated with traffic crash prevention.

However, insurers who offer a separate discount which is based upon the age of persons who are fifty-five years of age or older or upon their driving record, are exempt from the provisions of this section and are not required to make an additional filing with the Division of Insurance as a result of the discount required by this section.

Section 2. That § 58-11-59 be amended to read as follows:

58-11-59. Upon successfully completing the ~~approved~~ course, each person shall be issued a certificate by the organization offering the course which shall be used to qualify for the premium discount required by § 58-11-58.

Section 3. That § 58-11-60 be amended to read as follows:

58-11-60. A person shall take and pass the ~~approved~~ course every three years to continue to be eligible for the premium discount required by § 58-11-58.

Section 4. That § 58-11-61 be amended to read as follows:

58-11-61. The premium discount required by § 58-11-58 shall be effective for an insured for a three-year period after successful completion of the ~~approved~~ course. However, the insurer may require, as a condition of providing and maintaining the discount, that the insured:

(1) Has not been involved in an accident for which the insured is at fault;

(2) Has not been convicted, pled guilty, or nolo contendere to a moving traffic violation, or to a traffic related alcohol or narcotics offense; and

(3) Has maintained a driving record free of violations and accidents for which the insured has been found liable for a three-year period prior to course completion.

This section does not apply if the ~~approved~~ course is taken as specified by a court or other governmental entity resulting from a moving traffic violation. "

Moved by:    Adelstein
Second by:    Buhl
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1034 AS AMENDED

Moved by:    Adelstein
Second by:    Johnston
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Adelstein, Buhl, Johnston, Lederman, Rave, Nygaard, Nelson (Tom)

MOTION:    AMEND TITLE OF HB 1034

On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".

Moved by:    Lederman
Second by:    Nygaard
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Buhl
Second by:    Lederman
Action:    Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary

Tom Nelson, Chair

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