87
th Legislative Session _ 2012
Committee: House Commerce and Energy
Monday, January 30, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Fargen
P Greenfield
P Hawley
P Hubbel
P Jensen
P Jones
P Kirschman
P Miller
P Novstrup (David)
P Scott
P Willadsen
P Conzet, Vice-Chair
P Solum, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Solum.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY25, 2012
Moved by: Greenfield
Second by: Conzet
Action: Prevailed by voice vote.
HB 1035: allow the disclosure of the status of certain insurance investigations and
examinations.
Presented by: Randy Moses, Department of Labor and Regulation
Proponents: Dick Gregerson, American Council of Life Ins.
Dick Tieszen, State Farm Insurance
MOTION: AMEND HB 1035
1035sa
On page 1, line 8, of the printed bill, after "." insert "Confidential information shared with the
director may not be disclosed. However, nothing in this section prevents the director from providing
a copy of licensee responses or other materials submitted by a licensee to complaints or inquiries if
the response or materials are not specifically marked confidential. This Act does not apply to
investigations conducted pursuant to chapter 58-4A.
Section 2.That chapter 58-4 be amended by adding thereto a NEW SECTION to read as follows:
Terms used in sections 2 to 6, inclusive of this Act, mean:
(1) "Return information," any information collected, prepared or received by the Division
which relates to a return, including the nature or amount of a taxpayer's income, receipts,
deductions, net worth, tax liability, or deficiencies, or any part of any written
determination or background file documents relating to such information. The term does
not include data in a form which cannot be associated with or otherwise identify, directly
or indirectly, a particular taxpayer;
(2) "Returns," all tax returns, tax reports or claims for refund which are filed with the
Division.
Section 3.That chapter 58-4 be amended by adding thereto a NEW SECTION to read as follows:
Each list of premium taxpayers compiled by the Division is confidential. It is a Class 2
misdemeanor to disclose any list except to the extent necessary to carry out the official duties of the
Division.
Section 4.That chapter 58-4 be amended by adding thereto a NEW SECTION to read as follows:
A premium tax return and premium tax return information is confidential. It is a Class 1
misdemeanor to disclose this information except pursuant to sections 2 through 6 of this Act.
Section 5.That chapter 58-4 be amended by adding thereto a NEW SECTION to read as follows:
A premium tax return and premium tax return information may be disclosed to the following:
(1) The taxpayer who is required to submit the information to the Division, or his designee
appointed in writing; or
(2) As otherwise authorized by Title 58.
Section 6.That chapter 58-4 be amended by adding thereto a NEW SECTION to read as follows:
A premium tax return and premium tax return information may be disclosed in a judicial or
administrative proceeding:
(1) If the information is directly related to the resolution of an issue in the proceeding; or
(2) To the extent required by a judicial or administrative order.".
Moved by: Willadsen
Second by: Fargen
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1035 AS AMENDED
Moved by: Willadsen
Second by: Conzet
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Fargen, Greenfield, Hawley, Hubbel, Jensen, Jones, Miller, Novstrup (David), Scott,
Willadsen, Conzet, Solum
Excused: Kirschman
MOTION: PLACE HB 1035 ON CONSENT CALENDAR
Moved by: Miller
Second by: Willadsen
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1139 UNTIL WEDNESDAY, FEBRUARY 1, 2012
HB 1059: revise Article 9 of the Uniform Commercial Code.
Presented by: Representative David Lust
Proponents: Brett Koenecke, SD Bankers Association (Handouts: A &B)
MOTION: AMEND HB 1059
1059ja
On page 49, between lines 5 and 6 of the printed bill, insert:
" Section 9-801. This Act takes effect on July 1, 2013.".
Moved by: Conzet
Second by: Greenfield
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1059 AS AMENDED
Moved by: Jensen
Second by: Fargen
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Fargen, Greenfield, Hawley, Hubbel, Jensen, Jones, Miller, Novstrup (David), Scott,
Willadsen, Conzet, Solum
Excused: Kirschman
MOTION: PLACE HB 1059 ON CONSENT CALENDAR
Moved by: Jensen
Action: Was not acted on.
HB 1109: require complaints made to the Department of Labor and Regulation
regarding appraisers to be written and include the name of the person making the
complaint and a factual basis for the complaint.
Presented by: Representative Bernie Hunhoff (Handouts: #3)
Proponents: James Bailey, Self, Sioux Falls
Opponents: Craig Steinley, Professional Appraisers Assocication
Terry Leibel, ASFMRA,( South Dakota Chapter)
Nathan Lukkes, Department of Labor and Regulation
MOTION: DEFER HB 1109 TO THE 41
ST LEGISLATIVE DAY
Moved by: Willadsen
Second by: Conzet
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Greenfield, Hawley, Jensen, Miller, Novstrup (David), Scott, Willadsen, Conzet,
Solum
Voting No: Fargen, Hubbel, Jones
Excused: Kirschman
HB 1120: revise certain provisions regarding the filing of claims against public
improvement contracts.
Presented by: Representative Roger Solum
Proponents: Deb Mortenson, Associated General Contractors of SD, Incorporated.
The Chair passed the gavel to the Vice Chair
MOTION: DO PASS HB 1120
Moved by: Jensen
Second by: Greenfield
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Fargen, Greenfield, Hawley, Hubbel, Jensen, Jones, Kirschman, Miller, Novstrup
(David), Scott, Willadsen, Conzet, Solum
MOTION: ADJOURN
Moved by: Fargen
Second by: Greenfield
Action: Prevailed by voice vote.
Diane Mellan
____________________________
Committee Secretary
Roger D. Solum, Chair
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