Senate Commerce Minutes 2/17/2009 10:00 AM

84^th Legislative Session _ 2009

Committee: Senate Commerce

Tuesday, February 17, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Adelstein
P    Gant
P    Merchant
P    Nelson, Vice-Chair
P    Nesselhuf
P    Turbak Berry
P    Olson (Russell), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair, Russell Olson.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 12, 2009

Moved by:    Turbak Berry
Second by:    Nelson
Action:    Prevailed by voice vote.

         SB 85: clarify certain rules of evidence to determine the value of services for which special damages may be awarded in health care malpractice cases.

Presented by:    Senator Dave Knudson (Handouts: #1)
Proponents:    Dave Gerdes, SD State Medical Association
        Dennis Duncan, SD Healthcare Associations
        Darla Pollman Rogers, SD Associations of Healthcare Organizations
Opponents:    Senator Scott Heidepriem
        Roger Tellinghuisen, SD Trial Lawyers Association
        Rex Hagg, self, Rapid City
        Dick Gregerson, Wellmark Blue Cross Blue Shield of SD

Senator Turbak Berry (Handout #2)

MOTION:     DEFER SB 85 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Turbak Berry
Second by:    Nesselhuf
Action:    Prevailed by roll call vote. (6-1-0-0)

Voting Yes:    Adelstein, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)

Voting No:    Gant

         SB 133: provide for central filing of documents necessary to perfect a security interest in personal property or fixtures of a rural electric cooperative.

Presented by:    Senator Margaret Gillespie
Proponents:    Darla Pollman-Rogers, SD Rural Electric Association

MOTION:     AMEND SB 133

On page 1, between lines 3 and 4 of the printed bill, insert:

"
Section 1. That chapter 47-21 be amended by adding thereto a NEW SECTION to read as follows:

Any trust deed or mortgage executed by a cooperative organized under the provisions of chapter 47-21 or qualified in accordance with the provisions of § 47-21-74 or § § 47-1A-1501 to 47-1A-1532, inclusive, relative to the qualification of foreign cooperatives to transact business in this state, shall be filed and recorded in the Office of the Secretary of State. The filing and recording of the trust deed or mortgage creates a lien upon the property, real and personal, from the time of the filing. The filing and recording in the Office of the Secretary of State has the same effect to any property as the filing or recording of a similar instrument in each office of the register of deeds where the property is situated.".

On page 1, delete line 6, and insert "Notwithstanding any provision to the contrary in chapter 57A-9,".

On page 2, line 10, delete "1" and insert "2".

On page 2, line 15, after "includes" insert "easements,".

On page 2, line 18, delete "filed" and insert "considered filed and effective".

On page 2, line 19, after "." insert "Any mortgage or deed of trust filed before July 1, 2009, with the Office of the Secretary of State pursuant to chapter 57A-9, that complies with the provisions of this section, is considered filed and effective under this section as of July 1, 2009.".

On page 2, line 22, delete "3" and insert "4".

On page 2, line 24, delete "3" and insert "4".

On page 3, line 1, delete "1 and 2" and insert "1 to 3, inclusive,".

On page 3, line 2, delete "for both purposes".

On page 3, line 5, delete "1 and 2" and insert "1 to 3, inclusive,".

On page 3, line 10, delete "1 and 2" and insert "1 to 3, inclusive,".

On page 3, line 17, delete "provides" and insert "shall provide".

On page 3, after line 19, insert:

"
Section 6. That chapter 47-21 be amended by adding thereto a NEW SECTION to read as follows:

The Secretary of State shall charge and collect a filing fee of one dollar per page for each document filed pursuant to sections 1 to 3, inclusive, of this Act and § 49-34-11.".

Moved by:    Turbak Berry
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 133 AS AMENDED

Moved by:    Turbak Berry
Second by:    Gant
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)

         HB 1059: define and prohibit controlled business in insurance.

Presented by:    Merle Scheiber, Division of Insurance
Proponents:    Larry Ahrendt, SD Association of Insurance Agents

Randy Moses, Division of Insurance answered some questions

MOTION:     DEFER HB 1059 TO THE 41^ST LEGISLATIVE DAY

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

MOTION:     SUBSTITUTE MOTION DO PASS HB 1059

Moved by:    Gant
Second by:    Turbak Berry
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    Gant, Merchant, Nesselhuf, Turbak Berry, Olson (Russell)

Voting No:    Adelstein, Nelson

         HB 1099: revise certain provisions regarding insurance coverage for residential property that is destroyed while under construction.

        THE CHAIR DEFERRED HB 1099 UNTIL THURSDAY, FEBRUARY 19, 2009

         HB 1152: establish certain requirements relating to appraisals of real property by the Department of Game, Fish and Parks.

Presented by:    Representative Thomas Deadrick
Proponents:    Representative Susan Wismer
        Jeff Vonk, Department of Game, Fish & Parks

MOTION:     AMEND HB 1152

On page 1, line 5, of the printed bill, delete "at the fair market value of the property" and insert "by a state certified appraiser to determine the market value of the property. Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal".

Moved by:    Turbak Berry
Second by:    Merchant
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1152

On page 1, line 4, of the printed bill, after "property" insert "that the department is considering selling, buying, or trading".

Moved by:    Adelstein
Second by:    Nelson
Action:    Withdrawn.

MOTION:     DO PASS HB 1152 AS AMENDED

Moved by:    Turbak Berry
Second by:    Merchant
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)

MOTION:     ADJOURN

Moved by:    Merchant
Second by:    Gant
Action:    Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary

Russell Olson, Chair