77th Legislative Session _ 2002

Committee: Senate Commerce
Tuesday, January 22, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    McCracken
P    Sutton (Dan)
P    Volesky
P    Whiting
P    Brown (Arnold), Vice-Chair
P    Munson, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by -Chair Munson

MOTION:     TO APPROVE THE MINUTES OF JANUARY 17

Moved by:    McCracken
Second by:    Whiting
Action:    Prevailed by voice vote.

 MOTION:     INTRODUCE THE FOLLOWING BILL ON BEHALF OF THE GOVERNOR: AN ACT TO REGULATE USOLICITED ELECTRONIC COMMERCE

Moved by:    Brown (Arnold)
Second by:    Whiting
Action:    Prevailed by voice vote.

          SB 58: establish a nursing workforce center under the direction of the Board of Nursing and to provide funding through a fee assessed upon nursing license renewal.

Presented By:    Senator Arnold Bown, Prime Sponsor
Proponents:    Deb Soholt, Self, Sioux Falls, SD (Handout A)

        Brett Koenecke, SD Nursing Assn
        Dave Hewett, SDAHO
        Lynne Kurth, RN
        , Pierre, SD
        Dean Krogman, SD

MOTION:     AMEND SB 58

58ja
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That chapter 36-9 be amended by adding thereto a NEW SECTION to read as follows:

     The Board of Nursing may charge a fee of ten dollars upon the biennial renewal of each registered nurse and practical nurse license in addition to the license renewal fee for the funding of a nursing workforce center."

Moved by:    Whiting
Second by:    Bogue
Action:    Prevailed by voice vote.

 MOTION:     AMEND THE AMENDMENT

58jb
     On the previously adopted amendment, after "center." insert "Donations and bequests from persons to further the intent of the nursing workforce center or additional funds designated by the board may also be accepted and placed in the restricted fund."

Moved by:    McCracken
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 58 AS AMENDED

Moved by:    McCracken
Second by:    Whiting
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    McCracken, Sutton (Dan), Volesky, Whiting, Brown (Arnold), Munson


Voting No:    Bogue

 MOTION:     TO AMEND TITLE OF SB 58

58jta
     On page 1 of the printed bill, line 1, delete everything after "Act to" and insert "allow a fee to be assessed upon nursing license renewal for a nursing workforce center.".

     On page 1 , delete lines 2 and 3 .

Moved by:    Brown (Arnold)
Second by:    McCracken
Action:    Prevailed by voice vote.

          SB 103: require contractors to have surety bonds or to notify the person or entity that there is not a surety bond.

Presented By:    Senator Olson, Prime Sponsor
Proponents:    Dick Frederick, Contractor, Mitchell, SD
        Representative Mike Derby, Sponsor
Opponents:    Tim Dougherty, SD Home Builders Assn.
        Larry Zickmund, Bldg Chapter, Commercial Contractors

MOTION:     DEFER SB 103 UNTIL TUESDAY, JANUARY 29

Moved by:    Whiting
Second by:    McCracken
Action:    Prevailed by voice vote.

         SB 80: revise certain provisions related to the examination required for physician licensure.

Presented By:    Senator Olson, Prime Sponsor
Proponents:    Dean Krogman, SD Medical Assn

MOTION:     AMEND SB 80

80ta
     On page 1, line 12 of the printed bill, remove the overstrikes from everything after " designate. " .

     On page 1 , remove the overstrikes from lines 13 and 14 .

     On page 2 , line 1, remove the overstrikes from " years. " .

Moved by:    Sutton (Dan)
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 80 AS AMENDED

Moved by:    McCracken
Second by:    Bogue
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    McCracken, Sutton (Dan), Volesky, Brown (Arnold), Munson

Voting No:    Bogue, Whiting

          SB 104: exempt certain motor vehicles used to transport inventory replacement vehicles to a dealer's principal place of business from the requirement to be licensed as a commercial motor vehicle.

The Chair deferred SB 104 until Thursday, January 24.

         SB 72: increase the renewal fee for insurance producers and to revise the renewal period from annual to biennial.

Presented By:    Senator Elmer Diedtrich, Prime Sponsor
Proponents:    Darla Lyon, Div of Insurance

MOTION:     AMEND SB 72

72ja
     On page 3, between lines 15 and 16 of the printed bill, insert:

"

             (ii)    Annual renewal of license
25.00 ".


     On page 3 , line 16, overstrike " (ii) " and insert " (iii) ".

     On page 3 , line 17, overstrike " (iii) " and insert " (iv) ".

Moved by:    McCracken
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 72

72jb
     On page 3, line 20 of the printed bill, delete " 30.00 " and insert " 20.00 ".

     On page 5 , line 7, delete " thirty " and insert " twenty ".

Moved by:    Bogue
Second by:    Whiting
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 72 AS AMENDED

Moved by:    Bogue
Second by:    Whiting
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Brown (Arnold), Munson

 MOTION:     TO AMEND TITLE OF SB 72

72jta
     On page 1, line 1 of the printed bill, delete " increase the " and insert "provide for a".

     On page 1 , line 1, before " insurance " insert "nonresident".

     On page 1 , line 2, after " period " insert "for resident insurance producers".

Moved by:    Bogue
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

 MOTION:     PLACE SB 72 ON CONSENT CALENDAR

Moved by:    Whiting
Second by:    Volesky
Action:    Prevailed by voice vote.

          SB 106: provide a privilege for insurance compliance self-audits.

Presented By:    Senator Elmer Diiedtrich, Prime Sponsor
Proponents:    Ron Schmidt, American Insurance Co
        Dick Tieszen, State Farm Insurance
        Mike Shaw, Natl Assn of Independent Insurers

MOTION:     AMEND SB 106

106ja
     On page 4, line 16 of the printed bill, after " must " insert ", upon request,".

Moved by:    McCracken
Second by:    Sutton (Dan)
Action:    Prevailed by voice vote.

The Chair deferred SB 106 until Thursday, January 24.

         SB 110: revise certain provisions regarding the regulation of vehicle dealers.

The Chair deferred SB 110 until Thursday, January 24.

MOTION:     ADJOURN

Moved by:    Brown (Arnold)
Second by:    McCracken
Action:    Prevailed by voice vote.

Margaret Nickels

____________________________

Committee Secretary
David R.
Munson, Chair

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