88
th Legislative Session _ 2013
Committee: Senate Commerce and Energy
Tuesday, January 22, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Begalka
P Buhl
P Jensen
P Johnston
P Maher
P Lederman, Vice-Chair
P Holien, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair, Senator Holien.
Steve Roberts, Paradigm Liaison Services, and Troy Styer, South Dakota Pipeline Association, spoke
on pipelines. (Handout #1)
MOTION: TO APPROVE THE MINUTES OF THURSDAY, JANUARY 17
Moved by: Johnston
Second by: Buhl
Action: Prevailed by voice vote.
SB 77: require that certain information be provided to debtors when entities are
collecting certain debts.
Presented by: Senator Mark Kirkeby
Opponents: Dean Krogman, SD State Medical Association (Handout #2)
Greg Adamson, SD Collectors Association (Handout #3, 4 & 5)
Mark Kisely, Brookings Credit Bureau
Michael Fromknecht, Total Care
Lorin Pankratz, Sanford Health
Deb Fischer Clemens, Avera Health
MOTION: DEFER SB 77 TO THE 41
ST LEGISLATIVE DAY
Moved by: Johnston
Second by: Maher
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Buhl, Jensen, Johnston, Maher, Lederman, Holien
Voting No: Begalka
SB 57: define a biodiesel producer and bulk plant operator and revise certain
statutory references and to make certain form and style changes regarding motor fuel
taxation.
THE CHAIR DEFERRED SB 57
SB 61: allow licensed insurance agents to act as consultants in certain circumstances.
Presented by: Randy Moses, Department of Labor and Regulation
Proponents: Dennis Duncan, Allstate Insurance Company
James Schneider, self
Deb Fischer Clemens, Avera Health
MOTION: AMEND SB 61
61ja
On page 4, after line 1 of the printed bill, insert:
" Section 3. An insurer may by contract prohibit an insurance producer from collecting a fee from
an insurance customer for services provided as a consultant.".
Moved by: Maher
Second by: Johnston
Action: Prevailed by voice vote.
MOTION: DO PASS SB 61 AS AMENDED
Moved by: Johnston
Second by: Buhl
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Buhl, Jensen, Johnston, Maher, Lederman, Holien
MOTION: PLACE SB 61 ON CONSENT CALENDAR
Moved by: Johnston
Second by: Maher
Action: Prevailed by voice vote.
SB 67: revise the requirements for health maintenance organizations.
Presented by: Randy Moses, Department of Labor and Regulation
Proponents: Larry Mann, SD CPA Society
Lorin Pankratz, Sanford Health
Dave Hewett, SD Association of Healthcare Organizations
MOTION: AMEND SB 67
67ja
On page 10, line 23, of the printed bill, after "." insert "Nothing in chapters 58-5 or 58-6 shall
be construed to prohibit a nonprofit health maintenance organization from transacting business under
this title based upon its nonprofit status.".
Moved by: Maher
Second by: Jensen
Action: Prevailed by voice vote.
MOTION: AMEND SB 67
67jb
On page 3, line 5, of the printed bill, after "." Insert "Nothing in this chapter requires a licensed
pharmacy benefit manager to obtain a certificate of authority as a health maintenance organization
provided that the pharmacy benefit manager does not assume insurance risk directly from an
insured.".
Moved by: Johnston
Second by: Lederman
Action: Prevailed by voice vote.
MOTION: AMEND THE PENDING AMENDMENT
67jc
On page 8, line 8, of the printed bill, after "36-27A" insert ", dentist licensed pursuant to chapter
36-6A".
Moved by: Johnston
Second by: Maher
Action: Prevailed by voice vote.
MOTION: AMEND SB 67
67jd
On page 13, line 3 of the printed bill, after "accountant" insert "licensed by an appropriate
jurisdiction".
On page 20, line 8, after "report" insert "in accordance with generally accepted accounting
principles in the United States (U.S. GAAP)".
On page 20, line 15, delete "GAAP financial statements" and insert "Financial statements
prepared in accordance with U.S. GAAP".
Moved by: Johnston
Second by: Jensen
Action: Prevailed by voice vote.
MOTION: DO PASS SB 67 AS AMENDED
Moved by: Begalka
Second by: Jensen
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Buhl, Jensen, Johnston, Maher, Lederman, Holien
MOTION: PLACE SB 67 ON CONSENT CALENDAR
Moved by: Maher
Second by: Buhl
Action: Prevailed by voice vote.
HB 1036: prohibit retention of certain administration costs for untimely 911
surcharge remittances.
Presented by: Jenna Howell, Department of Public Safety
MOTION: DO PASS HB 1036
Moved by: Lederman
Second by: Johnston
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Begalka, Buhl, Jensen, Johnston, Maher, Lederman, Holien
MOTION: ADJOURN
Moved by: Johnston
Second by: Buhl
Action: Prevailed by voice vote.
Lois Henry
____________________________
Committee Secretary
Ried S. Holien, Chair
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