House Commerce Minutes 01/24/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: House Commerce

Thursday, January 24, 2002

                                            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
E    Valandra
P    Sebert, Vice-Chair
P    Konold, Chair

OTHERS PRESENT: See Original Minutes

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

MOTION:     TO APPROVE THE MINUTES OF JANUARY 22, 2002.

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

         HB 1141: provide certain standards for utilization review for property and casualty insurers.

Presented By:    Rep. Mel Olson, Dist. 20
Proponents:    Dick Tieszen, Pierre, State Farm Insurance
        Darla Lyon, Pierre, Div. of Insurance

Opponents:    None

MOTION:     DO PASS HB 1141

Moved by:    Olson (Mel)
Second by:    Hansen (Tom)
Action:    Prevailed by roll call vote.(10-0-3-0)

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

Excused:    Hansen (Tom), Pederson (Gordon), Valandra

MOTION:     PLACE HB 1141 ON CONSENT CALENDAR

Moved by:    Begalka
Second by:    Broderick
Action:    Prevailed by voice vote.

         HB 1151: require the secretary of state to conduct a pilot program granting certain secured parties the ability to file and record a financing statement for security interest on agricultural lien and to provide rule-making authority to implement the pilot program.

Presented By:    Rep. Broderick, Dist. 16
Proponents:    Tom Leckey, Pierre, Office of the Secretary of State
        Bob Sutton, Pierre, SD Bankers Assn.
        Dean Krogman, Brookings, Independent Comm. Bankers
        Neil Fulton, Pierre, Farm Credit Services
Opponents:    None

MOTION:     TO AMEND TITLE OF HB 1151

On page 1, line 2 of the printed bill, after " and " insert "provide a procedure to".

Moved by:    Broderick
Second by:    Solum
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1151

On page 1, line 7 of the printed bill, after " and " insert "provide a procedure to".

Moved by:    Broderick
Second by:    Solum
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1151 AS AMENDED

Moved by:    Brown (Jarvis)
Second by:    Broderick
Action:    Prevailed by roll call vote.(11-0-2-0)

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

Excused:    Pederson (Gordon), Valandra

MOTION:     PLACE HB 1151 ON CONSENT CALENDAR

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

         HB 1181: prohibit directed suretyship.

Presented By:    Rep. Madsen, Dist. 31
Proponents:    Jeremiah Murphy, Sioux Falls, Western Surety
        Jason Gusso, Sioux Falls (Handout “A”)
        Darla Lyon, Pierre, Div. of Insurance
        Jim Keyes, SD Assoc. Gen. Contractors
        Larry Zikmund, Sioux Falls, AGE Bldg. Chapter
        Larry Ahrendt, Pierre, Independent Insurance Agents of SD
Opponents:    None

MOTION:     AMEND HB 1181

On page 1, line 6 of the printed bill, after " regulation. " insert "Except that the surety insurer shall be an authorized insurer under Title 58.".

On page 1 , line 9, delete " This section applies to any " .

On page 1 , delete line 10 .

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

MOTION:     AMEND THE AMENDMENT

Delete the previously adopted amendment.

On page 1, line 6 of the printed bill, after " regulation. " insert "However, the surety insurer shall be an authorized insurer under Title 58.".

On page 1 , line 9, delete " This section applies to any " .

On page 1 , delete line 10 .

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

MOTION:     DO PASS HB 1181 AS AMENDED

Moved by:    Sebert
Second by:    Hansen (Tom)
Action:    Prevailed by roll call vote.(11-0-2-0)

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

Excused:    Pederson (Gordon), Valandra

MOTION:     PLACE HB 1181 ON CONSENT CALENDAR

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

         HB 1153: provide procedural requirements for ineligibility orders issued by the division of insurance and to repeal a surplus line insurer's responsibility to remit surplus lines tax not remitted by an unlicenced surplus lines broker.

Presented By:    Rep. Broderick, Dist. 16
Proponents:    Larry Nelson, Canton, Lexington Insurance
Opponents:    Darla Lyon, Pierre, Div. of Insurance

MOTION:     DO PASS HB 1153

Moved by:    Olson (Mel)
Second by:    Broderick
Action:    Prevailed by roll call vote.(11-1-1-0)

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

Voting No:    Nesselhuf

Excused:    Valandra

         HB 1147: disallow the use of certain pension, annuity, or retirement payments as a setoff against unemployment benefits.

Presented By:    Rep. Kloucek, Dist. 19
Proponents:    Don Mudloff, Tabor, self
Opponents:    Don Kattke, Aberdeen, Dept. of Labor

MOTION:     DEFER HB 1147 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Sebert
Second by:    Brown (Jarvis)
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

         HB 1150: require that diesel fuel sold in the state contain biodiesel fuel.

Presented By:    Rep. Kloucek, Dist. 19

Proponents:    Ed Sykora, Tabor, self
Opponents:    Dawna Leitzke, Pierre, SD Pet. & Propane Marketers Assoc.
        Larry Mann, R. City, Caterpillars
        David Owen, Pierre, SD Chamber of Commerce & Industry
        Roxanne Rice, Pierre, SD DOT
        Steve Stoneback, Pierre, BOA
        Ron Ness, Bismarck, ND., ND Petroleum Council
        Jim Keyes, Assoc. Gen. Contractors of SD
        Larry Zikmund, Sioux Falls, AGE Bldg. Chapter of SD.

MOTION:     TO TABLE HB 1150

Moved by:    Broderick
Second by:    Madsen
Action:    Prevailed by roll call vote.(10-2-1-0)

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

Voting No:    Nesselhuf, Olson (Mel)

Excused:    Valandra

MOTION:     ADJOURN

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

Beverly Jennings ____________________________
Committee Secretary

Claire B. Konold, Chair

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