85
th Legislative Session _ 2010
Committee: Senate Commerce
Tuesday, February 16, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Adelstein
P Gant
P Merchant
P Nesselhuf
P Turbak Berry
P Nelson, Vice-Chair
P Olson (Russell), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by chair, Russell Olson.
MOTION: TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 11, 2010
Moved by: Gant
Second by: Nesselhuf
Action: Prevailed by voice vote.
SB 116: require that certain insurers provide notice by certified or registered mail
under certain circumstances.
See prior testimony on Thursday, February 4,2010
Presented by: Senator Frank Kloucek
Proponents: Randy Moses, Division of Insurance
MOTION: AMEND SB 116
116ja
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. Any health insurer who receives an accurate, complete application for an
individual policy of health insurance accompanied by a draft for at least the first month's premium,
shall promptly provide actual notice to the applicant, by registered or certified mail, if the insurer's
underwriting decision as to whether or not the insurer accepts the risk applied for will be delayed
more than twenty days from the receipt of the application and premium. If the insurer's delay is due
to any request for additional information or the issuance of any riders on the coverage, the notice
shall clearly inform the applicant of the effect of such request or issuance on the effective date of any
coverage. "
Moved by: Merchant
Second by: Nelson
Action: Prevailed by voice vote.
MOTION: DEFER SB 116 TO THE 41
ST LEGISLATIVE DAY
Moved by: Nelson
Second by: Merchant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nesselhuf, Turbak Berry, Nelson, Olson (Russell)
SB 173: provide a maximum finance charge for payday loans and title loans.
Presented by: Senator Sandy Jerstad
Proponents: Cathy Brechtelsbauer, self, Sioux Falls
Roger Easland, self, Pierre
Dianna Miller, Goodwill Industries, and SD Network Against Family Violence &
Sexual Assault
Opponents: Brett Koenecke, Commercial Financial Services Association
Michael DeMersseman, Dollar Loan Center (Handout: 1)
Curt Everson, SD Bankers Association
Dan Henderson, Money Central Incorporated (Handout: 2)
Rexford Hagg, self, Rapid City (Handout 3)
MOTION: DEFER SB 173 TO THE 41
ST LEGISLATIVE DAY
Moved by: Adelstein
Second by: Gant
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nesselhuf, Nelson, Olson (Russell)
Voting No: Turbak Berry
SB 188: revise certain provisions regarding the days and hours that alcoholic
beverages may be sold on a licensed premise and who may sell, serve, or dispense
alcoholic beverages on a licensed premise and to revise certain provisions concerning
the power of municipalities and counties to regulate the sale and use of alcoholic
beverages.
Presented by: Senator Thomas Nelson
Proponents: Larry Nelson, Hy-Vee, Inc. (Handout: 4)
Opponents: Tim Dougherty, Licensed Beverage Dealers of SD
MOTION: DEFER SB 188 TO THE 41
ST LEGISLATIVE DAY
Moved by: Adelstein
Action: Died for lack of a second.
MOTION: AMEND SB 188
188tb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 35-4-121 be amended to read as follows:
35-4-121. Any person, corporation, or business entity that is issued a new retail license under
subdivision 35-4-2(3) in a municipality of the first class after June 30, 2008, and derives more than
fifty percent of the licensee's annual gross receipts from the sale of food, prepared food, and food
ingredients at the location where the license is held, shall sell display its alcoholic beverages, other
than malt beverages, in an area which is separated by a physical barrier from the rest of the
establishment. For the purposes of this section, a physical barrier includes a wall or fence erected for
the sole purpose of separating the area in which the alcoholic beverages are sold displayed from the
rest of the establishment. "
Moved by: Gant
Second by: Nelson
Action: Prevailed by voice vote.
MOTION: DO PASS SB 188 AS AMENDED
Moved by: Gant
Second by: Nelson
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nesselhuf, Turbak Berry, Nelson
Voting No: Olson (Russell)
MOTION: AMEND TITLE OF SB 188
188tta
On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise certain
provisions relating to the sale and display of alcoholic beverages in establishments that sell food.".
On page 1, delete lines 2 to 5, inclusive.
Moved by: Nelson
Second by: Gant
Action: Prevailed by voice vote.
SB 168: increase the amount of coverage provided by the South Dakota Life and
Health Insurance Guaranty Association for long-term care insurance.
Presented by: Senator Nancy Turbak Berry
Proponents: Charles Gullickson, self, Sioux Falls
Opponents: Randy Moses, Division of Insurance
MOTION: DO PASS SB 168
Moved by: Turbak Berry
Second by: Nesselhuf
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nesselhuf, Turbak Berry, Nelson, Olson (Russell)
MOTION: PLACE SB 168 ON CONSENT CALENDAR
Moved by: Turbak Berry
Second by: Merchant
Action: Prevailed by voice vote.
SB 169: limit the subrogation of certain insurers unless and until the insurer is made
whole.
Presented by: Senator Nancy Turbak Berry
Proponents: Verne Goodsell, self, Rapid City
Michael Demersseman, Self, Rapid City
Rex Hagg, self, Rapid City
Opponents: Mike Shaw, Property Casualty Insurance Association of America
Dick Tieszen, State Farm Insurance
Dick Gregerson, Wellmark Blue Cross Blue Shield of SD
Dennis Duncan, Dakotacare
THE CHAIR DEFERRED SB 169 UNTIL THURSDAY, FEBRUARY 18, 2010
MOTION: ADJOURN
Moved by: Nesselhuf
Second by: Gant
Action: Prevailed by voice vote.
Lois Henry
____________________________
Committee Secretary
Russell Olson, Chair
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