77th Legislative Session _ 2002

Committee: Senate Commerce
Thursday, February 14, 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 FEBRUARY 12

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

        Previous hearing. Refer to minutes Feb 12

         HB 1078: revise certain bond and insurance requirements for trust companies.

Presented By:    Tom Adam, SD Bankers Assn

MOTION:     AMEND HB 1078

1078ra
     On page 2 of the printed bill, delete lines 7 and 8 , and insert:

"surety bond or a fidelity insurance bond , or both , as provided in §   51A-6A-18 . The bond shall be

in an amount of not less than one million dollars. ".


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

 MOTION:     DO PASS HB 1078 AS AMENDED

Moved by:    Brown (Arnold)
Second by:    Volesky
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Bogue

        Previous Hearing. Refer to minutes of Feb 12

         HB 1240: revise certain provisions relating to the Statewide One-Call Notification Board, to create enforcement authority for the board, and to provide for certain penalties and fines.

Presented By:    Larry Englerth, SD One Call

MOTION:     AMEND HB 1240

1240rc
     On page 5, line 4 of the House engrossed bill, overstrike " those sections " and insert " §  49-7A-8 or any rule promulgated pursuant to §  49-7A-8 ".

     On page 5 , line 14, overstrike " by those sections, " .

     On page 5 , line 15, remove the overstrikes from " §  49-7A-8 " .

     On page 5 , line 15, delete " statute and rule " and insert " or any rule promulgated pursuant to §  49-7A-8 ".

     On page 6 , line 16, delete everything after " violation of " and insert " §  49-7A-2, 49-7A-5, 49-7A- 8, or 49-7A-12, or any rules promulgated pursuant to §  49-7A-2, 49-7A-5, or 49-7A-8".

     On page 6 , line 17, delete " Notification Board " .

     On page 6 , line 19, delete " and procedure " .

     On page 6 , line 24, delete " any rule of " and insert " §  49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §  49-7A-2, 49-7A-5, or 49-7A-8".

     On page 7 , line 1, delete " the Statewide One-Call Notification Board " .

     On page 7 , line 7, delete everything after " violation of " and insert " §  49-7A-2, 49-7A-5, 49-7A- 8, or 49-7A-12, or any rules promulgated pursuant to §  49-7A-2, 49-7A-5, or 49-7A-8".

     On page 7 , line 8, delete " One-Call Notification Board " .

     On page 11 , line 2, delete " No " and insert "Either".

     On page 11 , line 2, after " hearing " insert "based on a conflict of interest. The chair of the Statewide One-Call Notification Board may appoint a replacement from the same representative group identified in §  49-7A-3 as the board member that was removed".

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

 MOTION:     DO PASS HB 1240 AS AMENDED

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

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

Excused:    Bogue

 MOTION:     PLACE HB 1240 ON CONSENT CALENDAR

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

          HB 1257: revise the requirements for volunteer firefighters to become eligible for workers' compensation.


Presented By:    Representative Lintz, Prime Sponsor
Proponents:    Steve Willard, Joint Fire Council
        Senator Vitter, Prime Sponsor

MOTION:     DO PASS HB 1257

Moved by:    Brown (Arnold)
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:     PLACE HB 1257 ON CONSENT CALENDAR

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

         HB 1281: lengthen the period required for notice of nonrenewal of certain insurance policies.

Presented By:    Representative Derby, Prime Sponsor
Proponents:    Vern Schuetzle, Self, Pierre, SD
        Larry Ahrendt, SD Assn Insurance Agents
        Ron Schmidt, American Insurance

MOTION:     DO PASS HB 1281

Moved by:    Volesky
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(7-0-0-0)

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

MOTION:     PLACE HB 1281 ON CONSENT CALENDAR

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

MOTION:     ADJOURN

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

Margaret Nickels

____________________________

Committee Secretary
David R. Munson, Chair

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