79th Legislative Session _ 2004

Committee: House Commerce
Tuesday, February 03, 2004

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Buckingham
P    LaRue
P    Miles
P    Nesselhuf
P    Novstrup
P    Olson (Mel)
P    Pederson (Gordon)
P    Rounds
P    Schafer
P    Solum
P    Sebert, Vice-Chair
P    Konold, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Konold, Chair

MOTION:     TO APPROVE THE MINUTES OF JANUARY 29, 2004

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

          HB 1279: limit the information printed on an electronic credit card or debit card receipt and to provide for a civil cause of action for failure to comply with the provisions of this Act.

Presented by:    Representative Bill Thompson

MOTION:     TO TABLE HB 1279

Moved by:    Pederson (Gordon)
Second by:    Buckingham
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Bradford, Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Olson (Mel), Pederson (Gordon), Rounds, Solum, Sebert, Konold

Excused:    Schafer

         HB 1250: provide for the regulation of escrow agents.

Presented by:    Representative Stanford Adelstein
Proponents:    Jim Strain, Rapid City, Self
Opponents:    Dean Krogman, SD Assn. of Realtors
        Jack Magee, Department of Revenue and Regulation

Curt Everson, South Dakota Bankers Association, answered committee questions.
Thomas Adam, South Dakota Bankers Association, answered committee questions.

MOTION:     AMEND HB 1250

1250jb
     On page 2, line 20 of the printed bill, delete everything after " secretary. " and insert "However, the following are exempt from the provisions of this Act, including the licensing requirements:".

     On page 17 , line 17, delete everything before " may " and insert "A licensed escrow agent".

     On page 17 , line 19, delete " An " and insert "A licensed".

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

 MOTION:     AMEND HB 1250

1250ja
     On page 3, line 4 of the printed bill, after " licensee " insert ";".

     On page 3 , delete line 5 .

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

 MOTION:     DEFER HB 1250 TO THE 36TH LEGISLATIVE DAY

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

Voting Yes:    Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Olson (Mel), Pederson (Gordon), Rounds, Schafer, Solum, Sebert, Konold

Excused:    Bradford

          HB 1259: revise certain provisions concerning installment loan lending.

Presented by:    Representative Burdette Solum

MOTION:     TO TABLE HB 1259

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

Voting Yes:    Bradford, Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Olson (Mel), Pederson (Gordon), Rounds, Schafer, Solum, Sebert, Konold

         HB 1082: revise certain provisions regarding registered agents and service of process for certain business entities.

Presented by:    Chad Heinrich, Deputy Secretary of State

Beverly Wilson, Office of the Secretary of State, answered committee questions.

MOTION:     AMEND HB 1082

1082jc
     Delete the previously adopted amendment (1082ja).
     On page 3, line 4 of the printed bill, delete " and his " and insert "and his the registered agent's ".

     On page 3 , delete line 5 , and insert "written consent to the appointment . Such consent may be given by electronic signature pursuant to chapter 53-12 ;".

     On page 3 , line 20, remove the overstrikes from " and " .

     On page 3 , delete line 21 , and insert "the new agent's written consent to the appointment . Such consent may be given by electronic signature pursuant to chapter 53-12 ;".

     On page 4 , line 15, delete " and his written consent to the " and insert "and his the registered agent's written consent to the".

     On page 4 , delete line 16 , and insert "appointment . Such consent may be given by electronic signature pursuant to chapter 53-12 ;".

     On page 5 , line 13, remove the overstrikes from " and the " .

     On page 5 , delete line 14 , and insert "new agent's written consent to the appointment . Such consent may be given by electronic signature pursuant to chapter 53-12 ;".

     On page 5 , line 18, overstrike " and acknowledged " .

     On page 6 , delete line 8 , and insert "and the new agent's written consent to the appointment . Such consent may be given by electronic signature pursuant to chapter 53-12 ;".

     On page 6 , delete lines 13 to 24 , inclusive, and insert:

     Section 9. That § 47-24-6 be amended to read as follows:

     47-24-6.   Any domestic nonprofit corporation authorized to engage in business in this state shall file, within the time prescribed by § §   47-24-7 to 47-24-9, inclusive, a report setting forth:

             (1)      The name of the corporation;
             (2)      The street address, or a statement that there is no street address, of the registered office of the corporation in this state and the name of its registered agent at such address;
             (3)      A brief statement of the nature of the affairs which the corporation is conducting;
             (4)      The amount of property which the corporation may hold and the amount of property held; and
             (5)      The names and respective addresses of the directors and officers of the corporation.
     The report shall be made on forms prescribed and furnished by the secretary of state and the information therein contained shall be given as of the date of the execution of the report. It shall be executed for the corporation by the chairman chair of the board of directors, by its president, or by another of its officers. It shall be acknowledged by the officer executing the report. If the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, the report shall be executed and acknowledged on behalf of the corporation by that fiduciary.

     Section 10. That § 47-27-18 be amended to read as follows:

     47-27-18.   Any foreign corporation authorized to engage in business in this state, shall file, within the time prescribed by this chapter, an annual report setting forth:

             (1)      The name of the corporation and the state or country under whose laws it is incorporated;
             (2)      The street address, or a statement that there is no street address, of the registered office of the corporation in this state and the name of its registered agent at such address and the address of its principal office in the state or country under whose laws it is incorporated;
             (3)      A brief statement of the character of the affairs which the corporation is conducting in this state; and
             (4)      The names and respective addresses of the directors and officers of the corporation.

     The annual report shall be made on forms prescribed and furnished by the secretary of state and the information therein contained shall be given as of the date of the execution of the report. It shall be executed and acknowledged by the chairman chair of the board, by the corporation's president or another of the corporation's officers or, if the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, it shall be executed and acknowledged on behalf of the corporation by that fiduciary.

     Section 11. That § 47-2-30 be amended to read as follows:

     47-2-30.   Any registered agent of a corporation may resign as agent upon filing an original written notice thereof with the secretary of state and by mailing an exact or conforming copy thereof with by certified mail, return receipt requested, to the secretary of state, who shall mail the copy to the corporation at its registered office corporation . The appointment of the agent shall terminate thirty days after receipt of notice by the secretary of state.

     Section 12. That § 47-9-2 be amended to read as follows:

     47-9-2.   The annual report required by §   47-9-1 shall be made on forms prescribed and furnished by the secretary of state and the required information shall be given as of the date of the execution of the report, except as to the information required by subdivisions 47-9-1(7) and (8), which shall be given as of the close of business on the day prior to the anniversary date of the corporation next preceding the date provided in §   47-9-3 for filing such report. It shall be executed by the chairman

chair of the board of directors, by its president, or another of its officers or if the corporation has not been formed, by an incorporator, or, if the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary. The report shall be acknowledged.

     Section 13. That § 47-8-12 be amended to read as follows:

     47-8-12.   A foreign corporation authorized to do or engage in business in this state may change its registered office or change its registered agent, or both, upon filing in the Office of the Secretary of State a statement setting forth:

             (1)      The name of the corporation;
             (2)      The street address, or a statement that there is no street address, of its current registered office;
             (3)      If the address of its registered office is to be changed, the street address, or a statement that there is no street address, of the new registered office;
             (4)      The name of its current registered agent;
             (5)      If its registered agent is to be changed, the name of the successor registered agent and his the registered agent's written consent to the appointment;
             (6)      That the address of its registered office and the street address of the business office of its registered agent, as changed, will be identical;
             (7)      That such change was authorized by resolution duly adopted by its board of directors.

     Such statement shall be executed by the corporation by its president or a vice-president , acknowledged by him, and delivered to the secretary of state. ".

     Delete pages 7 to 14 , inclusive.

Moved by:    LaRue
Second by:    Miles
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1082 AS AMENDED

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

Voting Yes:    Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Olson (Mel), Pederson (Gordon), Rounds, Schafer, Solum, Sebert, Konold

Excused:    Bradford


MOTION:     PLACE HB 1082 ON CONSENT CALENDAR

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

          HB 1288: provide certain safety measures and requirements for entertainment facilities.

Presented by:    Representative Al Novstrup
Proponents:    Matt Adamski, SD Assn of Fairs and Celebrations

MOTION:     AMEND HB 1288

1288ja
     On page 1, line 5 of the printed bill, after " fair, " insert "carnival,".

     On page 1 , line 14, delete " exceeding fifteen feet in height " .

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

 MOTION:     DO PASS HB 1288 AS AMENDED

Moved by:    Schafer
Second by:    Sebert
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Bradford, Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Olson (Mel), Pederson (Gordon), Rounds, Schafer, Solum, Sebert, Konold

 MOTION:     PLACE HB 1288 ON CONSENT CALENDAR

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

          HB 1285: appropriate money to fund the increases in premiums for persons with guarantee issue health plans.

Presented by:    Representative Ben Nesselhuf (Handout #1)
Opponents:    Randy Moses, Division of Insurance

MOTION:     AMEND HB 1285

1285ja
     On page 1, line 13 of the printed bill, delete " after the transfer of " .

     On page 1 , delete line 14 .

     On page 1 , line 15, delete " 29.1, " .

     On page 1 , line 15, delete " one million two hundred thousand dollars ($1,200,000) " and insert "seven hundred fifty thousand dollars ($750,000)".

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

 MOTION:     DEFER HB 1285 TO THE 36TH LEGISLATIVE DAY

Moved by:    Sebert
Action:    Died for a lack of a second

 MOTION:     REFER TO APPROPRIATIONS

Moved by:    Buckingham
Action:    Died for a lack of a second

 MOTION:     DO PASS HB 1285 AS AMENDED WITH RECOMMENDATION THAT BILL BE SENT TO THE COMMITTEE ON APPROPRIATIONS

Moved by:    Olson (Mel)
Second by:    Rounds
Action:    Was not acted on.

 MOTION:     CALL THE QUESTION

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


MOTION:     DO PASS HB 1285 AS AMENDED WITH RECOMMENDATION THAT BILL BE SENT TO THE COMMITTEE ON APPROPRIATIONS

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

Voting Yes:    Bradford, Buckingham, LaRue, Miles, Nesselhuf, Novstrup, Olson (Mel), Pederson (Gordon), Rounds, Schafer, Solum, Konold

Voting No:    Sebert

MOTION:     ADJOURN

Moved by:    Rounds
Second by:    Buckingham
Action:    Prevailed by voice vote.

Eileen Bertsch

____________________________

Committee Secretary
Claire B. Konold, Chair

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