80
th Legislative Session _ 2005
Committee: Senate Commerce
Tuesday, January 25, 2005
P - Present
E - Excused
A - Absent
Roll Call
P Abdallah
P Kelly
P Koetzle
P Schoenbeck
P Sutton (Dan)
P Broderick, Vice-Chair
P McCracken, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator McCracken, Chair
MOTION:
TO APPROVE THE MINUTES OF JANUARY 20, 2005
Moved by: Koetzle
Second by: Abdallah
Action: Prevailed by voice vote.
SB 85: modify certain provisions relating to the charging of employers for the
payment of unemployment insurance benefits.
Proponents: Pam Roberts, Secretary, Department of Labor
MOTION:
DO PASS SB 85
Moved by: Abdallah
Second by: Kelly
Action: Prevailed by roll call vote.(6-0-1-0)
Voting Yes: Abdallah, Kelly, Koetzle, Sutton (Dan), Broderick, McCracken
Excused: Schoenbeck
MOTION:
PLACE SB 85 ON CONSENT CALENDAR
Moved by: Abdallah
Second by: Broderick
Action: Prevailed by voice vote.
SB 53: provide for adequate access to health care provider networks.
Proponents: Randy Moses, Division of Insurance
Charlie McGuigan, Attorney General's Office
MOTION:
AMEND SB 53
53jb
On page
1,
line 6 of the printed bill,
after "
person
"
insert ", directly or indirectly,".
On page
1
,
line 10,
delete "
58-17C-67
"
and insert "58-17C-66".
On page
2
,
delete lines
1 to 4
, inclusive.
On page
2
,
line 7,
delete everything after "
insurance.
"
.
On page
2
,
delete lines
8 and 9
.
On page
2
,
line 10,
delete everything before "
Any
"
.
On page
2
,
line 11,
delete "
chapter 58-33A
"
and insert "
§
§
58-33A-2 to 58-33A-4, inclusive, and
§
§
58-33A-7 to 58-33A-8, inclusive, and
§
§
58-33A-10 to 58-33A-12, inclusive. Any administrative
rule promulgated pursuant to
§
58-33A-7 does not apply to those registered pursuant to this Act
unless specifically referenced in the rule".
On page
2
,
line 11,
after "
with
"
delete "
the
"
and insert "these".
On page
2
,
line 12,
delete "
applicable
"
.
On page
2
,
line 12,
delete "
of chapter 58-33A
"
.
On page
2
,
line 20,
delete "
request or
"
.
On page
2
,
line 20,
after "
receive
"
insert "personal information,".
On page
2
,
line 21,
after "
money
"
insert ",".
On page
2
,
line 22,
after "
signed
"
insert ",".
On page
3
,
line 1,
delete "
e-mail
"
and insert "website".
On page
3
,
line 2,
delete "
and, if applicable, of the marketer
"
and insert "who is responsible for
customer service".
On page
3
,
delete line
7
.
On page
3
,
line 8,
delete "
(5)
"
and insert "(4)".
On page
3
,
line 8,
after "
website
"
insert "that is updated regularly".
On page
3
,
line 9,
after "
all
"
insert "current".
On page
3
,
line 10,
delete "
(6)
"
and insert "(5)".
On page
3
,
line 11,
after "
delivery
"
insert ", or sixty days of its delivery if payment is by
automatic or electronic withdrawal from a bank account,".
On page
3
,
line 12,
delete "
including any sign-up fee or recurring costs
"
and insert "excluding
a nominal process fee".
On page
3
,
line 15,
delete "
(7)
"
and insert "(6)".
On page
3
,
line 16,
delete "
as provided for in the plan or program to the
"
and insert ", the form
to be used for the termination notice, and the address where the notice is to be sent if different than
the address provided in subdivision (1);".
On page
3
,
delete line 17, and insert:
"
(7) Notice that the".
On page
3
,
line 21,
delete "
insurance
"
and insert "benefits".
On page
3
,
line 23,
delete "
Division of Insurance
"
and insert "insurance department or
commission in the state where the consumer resides".
On page
3
,
line 24,
delete "
, including the telephone number and address of the
"
and insert ".".
On page
4
,
delete line
1
, and insert:
"
The requirement that the contract or agreement be signed prior to any money or consideration
being obtained does not apply to a transaction in which payment by the consumer is made by credit
card.".
On page
4
,
line 5,
delete "
a thirty-day free look period
"
and insert "thirty days".
On page
4
,
line 6,
after "
agreement
"
insert ", or sixty days if payment is by automatic or
electronic withdrawal from a bank account,".
On page
4
,
line 7,
delete "
including any sign-up fee
"
and insert "excluding a nominal processing
fee as prescribed by the director by rules promulgated pursuant to chapter 1-26,".
On page
4
,
line 8,
delete "
or recurring costs
"
.
On page
4
,
line 8,
delete everything after "
full.
"
.
On page
4
,
delete line
9
.
On page
4
,
after line 9, insert:
"
Section 6. That
§
58-18-20
be amended to read as follows:
58-18-20.
Any insurer authorized to write health insurance in this state
shall have the power to
may
issue blanket health insurance. No such blanket policy
or certificate
may be issued or delivered
,
or coverage solicited,
in this state unless a copy of the form thereof
shall have
has
been filed in
accordance with § 58-11-12. Every such blanket policy
or certificate
shall contain provisions, which
in the opinion of the director, are at least as favorable to the policyholder and the individual insured
as those set forth in §§ 58-18-21 to 58-18-27, inclusive.
".
Moved by: Broderick
Second by: Schoenbeck
Action: Prevailed by voice vote.
MOTION:
AMEND SB 53
53ja
On page
1,
line 15 of the printed bill,
after "
58-17-66(9),
"
insert "or a medicare supplement
policy as defined in
§
58-17A-1,".
Moved by: Abdallah
Second by: Kelly
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 53 AS AMENDED
Moved by: Schoenbeck
Second by: Abdallah
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
PLACE SB 53 ON CONSENT CALENDAR
Moved by: Schoenbeck
Second by: Abdallah
Action: Prevailed by voice vote.
SB 79: update certain provisions regarding the definition of impairment for workers'
compensation purposes.
Presented by: Representative Ben Nesselhuf
Opponents: David Owen, SD Chamber of Commerce & Industry
Ellen Bauert, Division of Insurance, and James Marsh, Department of Labor answered questions of
committee members.
MOTION:
DO PASS SB 79
Moved by: Schoenbeck
Second by: Koetzle
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
PLACE SB 79 ON CONSENT CALENDAR
Moved by: Koetzle
Second by: Schoenbeck
Action: Prevailed by voice vote.
SB 82: permit a real estate broker to appoint agents within an office to represent
separate parties to a real estate transaction.
Proponents: Dean Krogman, SD Assn. Of Realtors
Dee Jones Noordermeer, SD Real Estate Commission
Loren Anderson, SD Real Estate Commission
Mr. Krogman distributed information (handout A) "Appointed Agency - A New Limited Agency
Options." Doug Nelson, SDAR, Sioux Falls, answered questions of committee members.
MOTION:
DO PASS SB 82
Moved by: Kelly
Second by: Schoenbeck
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
PLACE SB 82 ON CONSENT CALENDAR
Moved by: Schoenbeck
Second by: Kelly
Action: Failed by voice vote.
SB 83: revise the seller's property condition disclosure statement.
Proponents: Dean Krogman, SD Assn. Of Realtors
Ellen Blauert, Division of Insurance
Mr. Krogman distributed information (handout B) - SD Association of Realtors, Seller Property
Disclosure Statement Summary of Proposed Changes."
MOTION:
AMEND SB 83
83ja
On page
15,
after line 16 of the printed bill, insert:
"
Section 3. That
§
36-21A-89.1
be repealed.
36-21A-89.1.
The commission shall develop a disclosure form, to be filled out by the seller,
regarding a purchaser's knowledge of the existence of any prior manufacturing of
methamphetamines.
".
Moved by: Broderick
Second by: Kelly
Action: Prevailed by voice vote.
MOTION:
AMEND SB 83
83jb
On page
12,
line 11 of the printed bill,
after "
Landfill
"
insert "
,
".
Moved by: Schoenbeck
Second by: Kelly
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 83 AS AMENDED
Moved by: Kelly
Second by: Broderick
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Kelly, Koetzle, Schoenbeck, Sutton (Dan), Broderick, McCracken
MOTION:
PLACE SB 83 ON CONSENT CALENDAR
Moved by: Kelly
Second by: Broderick
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Abdallah
Second by: Schoenbeck
Action: Prevailed by voice vote.
Grace Curtis
____________________________
Committee Secretary
Royal "Mac" McCracken, Chair
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