House Commerce Minutes 02/27/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Commerce

Tuesday, February 27, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Begalka
P    Broderick
P    Brown (Jarvis)
P    Glenski
P    Hansen (Tom)
P    Madsen
P    Nesselhuf
P    Olson (Mel)
P    Pederson (Gordon)
P    Solum
P    Valandra
P    Sebert, Vice-Chair
P    Konold, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Rep. Claire B. Konold, Chair.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 22, 2001.

Moved by:    Madsen
Second by:    Brown (Jarvis)
Action:    Prevailed by voice vote.

         SB 58: establish certain fees for filing and indexing records pursuant to the Uniform Commercial Code, to establish a fund, and to appropriate the fund.

Presented By:    Tom Leckey, Pierre, Secretary of State's Office
Proponents:    Tom Adam, Pierre, SD Bankers Assoc.
Opponents:    None

MOTION: AMEND SB 58

On page 1, line 8 of the Senate Commerce Committee engrossed bill, delete " Twelve " and insert " Thirteen ".

On page 1 , line 9, after " page " insert " . One dollar of this fee shall be deposited into the financing statement filing fee fund ".

On page 1 , line 10, delete " Ten " and insert " Eleven ".

On page 1 , line 11, after " internet " insert " . One dollar of this fee shall be deposited into the financing statement filing fee fund ".

Moved by:    Broderick
Second by:    Pederson (Gordon)
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 58 AS AMENDED

Moved by:    Solum
Second by:    Hansen (Tom)
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Sebert, Konold

Excused:    Valandra

         SB 165: provide for incentives for development of certain commercial small power production facilities.

Proponents:    Brian Meyer, Pierre, SD Rural Electric Assn.
        Scott Peterson, Pierre, Dept. of Revenue
Opponents:    None

MOTION:     AMEND SB 165

On page 2, line 6 of the Senate Commerce Committee engrossed bill, delete " realty improvement

or " and insert "an".

On page 3 , line 15, after " department. " insert "No interest shall be paid on the refund amount.".

Moved by:    Pederson (Gordon)
Second by:    Glenski
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 165 AS AMENDED

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

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Sebert, Konold

Excused:    Valandra

MOTION:     PLACE SB 165 ON CONSENT

Moved by:    Brown (Jarvis)
Second by:    Pederson (Gordon)
Action:    Failed by voice vote.

         SB 173: authorize a rental car company to offer car rental insurance under certain circumstances.

Presented By:    Rep. Bill Peterson, Dist. 14
Proponents:    Dianna Miller, Sioux Falls, Enterprise Rent A Car
        Darla Lyon, Pierre, Div. of Insurance
        Dick Tieszen, Pierre, State Farm Mutual Insurance
        Dick Gregerson, Sioux Falls, SD Auto Dealers Assoc.
        Sam Meyer, Pierre, Division of Insurance
Opponents:    None

MOTION:     DO PASS SB 173

Moved by:    Madsen
Second by:    Pederson (Gordon)
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Valandra, Sebert, Konold

MOTION:     PLACE SB 173 ON CONSENT

Moved by:    Olson (Mel)
Second by:    Pederson (Gordon)
Action:    Prevailed by voice vote.

         SB 181: revise certain provisions relating to underinsured motorist coverage limits.

Proponents:    Rex Hagg, Rapid City, SDTLA (Attachment “A”)
        Rep. Chris Madsen, Dist. 31
Opponents:    Darla Lyon, Pierre, Div. of Insurance
        Dick Tieszen, Pierre, State Farm Mutual Insurance (Attachment B)
        Mike Shaw, Pierre, NAII/DeSmet Farm Insurance
        R.G. Schmidt, Pierre, AIA
        Larry Ahrendt, Pierre, IIASD

MOTION:     DEFER SB 181 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Broderick
Second by:    Glenski
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS SB 181

Moved by:    Valandra
Second by:    Madsen
Action:    Failed by roll call vote.(5-8-0-0)

Voting Yes:    Begalka, Brown (Jarvis), Madsen, Nesselhuf, Valandra

Voting No:    Broderick, Glenski, Hansen (Tom), Olson (Mel), Pederson (Gordon), Solum, Sebert, Konold

MOTION:     DEFER SB 181 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Broderick
Second by:    Glenski
Action:    Prevailed by roll call vote.(9-4-0-0)

Voting Yes:    Begalka, Broderick, Glenski, Hansen (Tom), Olson (Mel), Pederson (Gordon), Solum, Sebert, Konold

Voting No:    Brown (Jarvis), Madsen, Nesselhuf, Valandra

         SB 185: revise certain provisions regarding the assets allowed in the determination of the financial condition of an insurer.

Presented By:    Rep. Mike Jaspers, Sioux Falls, Dist. 11
Proponents:    Jason Harris, Sioux Falls, Dakota Homestead
        Darla Lyon, Pierre, Division of Insurance
Opponents:    None

MOTION:     DO PASS SB 185

Moved by:    Olson (Mel)
Second by:    Sebert
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Begalka, Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Sebert, Konold

Excused:    Valandra

MOTION:     PLACE SB 185 ON CONSENT

Moved by:    Madsen
Second by:    Glenski
Action:    Prevailed by voice vote.

         SB 225: revise certain provisions relating to insurance taxes, cash surrender values of insurances policies, and the payment of insurance benefits.

Proponents:    Jeremiah Murphy, Sioux Falls, Citibank of SD
        Dick Tieszen, Pierre, State Farm Mutual Insurance
        Darla Lyon, Pierre, Division of Insurance
Opponents:    Robert P. Baldwin, New York, NY, Metropolitan Life Insurance Company (Attachment “C”)

MOTION:     AMEND SB 225

On page 5, line 15 of the Senate engrossed bill, after " or " insert " , if allowed under the policy, ".

On page 7 , line 17, delete " includes " and insert " may include ".

On page 7 , line 17, after " cash " insert " , if allowed under the policy, ".

On page 8 , line 1, delete " shall only be required to " and insert " may, if the policy so provides, ".

Moved by:    Sebert
Second by:    Olson (Mel)
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 225 AS AMENDED

Moved by:    Olson (Mel)
Second by:    Sebert
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Valandra, Sebert, Konold

Excused:    Begalka

         SB 204: permit tribal identification cards in lieu of other identification when applying for a driver's license.

Presented By:    Rep. Jim Bradford, Dist. 27
Proponents:    Cindy Gerber, Pierre, Drivers' Licensing
        Rep. Paul Valandra, Dist. 27
Opponents:    None

MOTION:     AMEND SB 204

On page 1, line 8 of the Senate State Affairs Committee engrossed bill, after " card " insert " that provides evidence that a certified birth certificate issued by a city, county, or state was used to obtain the tribal identification card and is ".

Moved by:    Pederson (Gordon)
Second by:    Solum
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 204 AS AMENDED

Moved by:    Brown (Jarvis)
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(11-1-1-0)

Voting Yes:    Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf, Olson (Mel), Pederson (Gordon), Solum, Valandra, Konold

Voting No:    Sebert

Excused:    Begalka

    Gavel passed to Rep. Sebert, Vice Chair.

         SB 231: provide for the prompt payment of certain uncontested health care claims.

Presented By:    Rep. Claire Konold, Dist. 5
Proponents:    Dean Krogman, Brookings, SD State Medical Assoc.
Opponents:    None

MOTION:     DO PASS SB 231

Moved by:    Madsen
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Broderick, Brown (Jarvis), Glenski, Hansen (Tom), Madsen, Nesselhuf, Pederson (Gordon), Solum, Valandra, Sebert, Konold

Excused:    Begalka, Olson (Mel)

MOTION:     PLACE SB 231 ON CONSENT

Moved by:    Brown (Jarvis)
Second by:    Konold
Action:    Prevailed by voice vote.

Gavel passed to Rep. Konold, Chair.

     MOTION:     ADJOURN

Moved by:    Sebert
Second by:    Valandra
Action:    Prevailed by voice vote.

Beverly Jennings

____________________________

Committee Secretary

Claire B. Konold, Chair

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