88th Legislative Session _ 2013

Committee: House State Affairs
Friday, January 18, 2013

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Conzet
P    Gibson
P    Gosch
P    Hansen
P    Hunhoff (Bernie)
P    Killer
P    Munsterman
P    Novstrup (David)
P    Parsley
P    Verchio
P    Wink
P    Cronin, Vice-Chair
P    Lust, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Lust.

MOTION:    TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 16, 2013

Moved by:    Verchio
Second by:    Gibson
Action:    Prevailed by voice vote.

MOTION:    TO INTRODUCE AT THE REQUEST OF THE OFFICE OF THE GOVERNOR THE FOLLOWING BILL:

AN ACT TO REVISE THE TERMS AND EXPIRATION DATES OF APPOINTEES TO CERTAIN BOARDS COMMISSIONS.



Moved by:    Cronin
Second by:    Gibson
Action:    Prevailed by voice vote.

MOTION:    TO INTRODUCE AT THE REQUEST OF THE OFFICE OF THE GOVERNOR AND THE OFFICE OF THE ATTORNEY GENERAL THE FOLLOWING BILLS:

AN ACT TO CLARIFY THE DELIBERATIVE PROCESS EXCEPTION TO CERTAIN OPEN RECORDS PROVISIONS.

AN ACT TO REPEAL THE CONFIDENTIALITY STATUS OF CERTAIN DEROGATORY MATERIALS AND TO CREATE AN EXCEPTION TO CERTAIN OPEN RECORDS PROVISIONS FOR CERTAIN DEFAMATORY INFORMATION.

AN ACT TO EXPAND THE DEFINITION OF TELECONFERENCE TO INCLUDE CERTAIN MEETINGS CONDUCTED THROUGH ELECTRONIC TEXT COLLOQUY AND TO REQUIRE THE RETENTION OF CERTAIN RECORDS OF TEXT COLLOQUY MEETINGS FOR PUBLIC INSPECTION.

AN ACT TO CLARIFY THE APPLICATION OF CERTAIN OPEN MEETINGS TO CERTAIN THREE-MEMBER BOARDS.

AN ACT TO REPEAL THE FIVE-YEAR PERIODS AFTER WHICH PARDON RECORDS ARE SEALED.

AN ACT TO PROVIDE FOR OPENNESS IN CERTAIN ELECTRONIC RECORDS DATABASES AND TO OPEN CERTAIN INFORMATION REGARDING ELECTRONIC RECORDS SYSTEMS.

AN ACT TO PROVIDE THAT CRIMINAL BOOKING PHOTOS AND POLICE LOGS ARE OPEN RECORDS.

AN ACT TO EXPAND THE APPLICATION OF CERTAIN OPEN MEETINGS PROVISIONS TO CERTAIN COMMITTEES OF PUBLIC BOARDS.

Moved by:    Cronin
Second by:    Gibson
Action:    Prevailed by voice vote.

        HB 1061: revise certain provisions related to the regulation of captive insurance companies.



Presented by:    Mallori Barnett, Department of Labor and Regulation
Proponents:    Tom Barnett, State Bar Association of South Dakota
        Matthew McCaulley, SD Trust, Delta Trust, Biltmore Captive Trust.
Others:    Wendell Maslsam, Department of Labor and Regulation, answered questions.

MOTION:    DO PASS HB 1061

Moved by:    Hunhoff (Bernie)
Second by:    Wink
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Conzet, Gibson, Gosch, Hansen, Hunhoff (Bernie), Killer, Munsterman, Novstrup (David), Parsley, Verchio, Wink, Cronin, Lust

        HB 1056: revise various trust and trust company provisions.

Presented by:    Bret Afdahl, SD Division of Banking (Handout: 1)
Proponents:    Patrick Goetzinger, Self, Rapid City

GAVEL PASSED TO VICE-CHAIR CRONIN.

MOTION:    AMEND HB 1056

1056sb

    On page 4 of the printed bill, delete lines 10 to 13, inclusive, and insert "in an amount of not less than one million dollars each. The bond and insurance required to be secured by a trust company shall provide that any bonding or insurance company providing the bond or insurance coverage trust company shall give at least ninety days notice of cancellation or renewal nonrenewal of the bond or insurance policy to the trust company and to the director within ten days of the receipt of cancellation or nonrenewal. Except as may be ".

    On page 23, delete lines 22 to 24, inclusive, and insert:

"

            (2)    An unconditional or conditional power to replace a trustee.

    The powers to remove or replace a trustee are personal to the beneficiary and may not be exercised by the beneficiary's creditors power holder. No court can may order, direct a beneficiary, or".


Moved by:    Gosch
Second by:    Hansen
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1056 AS AMENDED

Moved by:    Gosch
Second by:    Wink
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Conzet, Gibson, Gosch, Hansen, Hunhoff (Bernie), Killer, Munsterman, Novstrup (David), Parsley, Verchio, Wink, Cronin

Excused:    Lust

MOTION:    ADJOURN

Moved by:    Gibson
Second by:    Wink
Action:    Prevailed by voice vote.

Joshua Klumb

____________________________

Committee Secretary
David Lust, Chair


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