72nd Legislative Session -- 1997

Committee: House Commerce

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Roe, Chair
P      DeMersseman, Vice-Chair
P      Broderick
P      Brown (Jarvis)
P      Konold
P      Pederson (Gordon)
P      Rost
P      Smidt
P      Windhorst
P      Fischer-Clemens
P      Gleason
P      Schaunaman
P      Sperry

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Roe

MOTION:      Approve temporary rules

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

     David Volk, Chairman of Department of Commerce addressed the committee and introduced the Division Heads of his department.

          HB 1046:   to define unfair discrimination in the business of insurance.

Presented by:      Darla Lyon, Division of Insurance

MOTION:      AMEND HB 1046

j-1046

    
     On page 1 , line 9 , after " section. " insert:

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" The rules may include definition of terms, identification of specific underwriting or nonrenewal guidelines used by insurers which would violate or be in compliance with this section, and application practices which violate this section. In considering the adoption of any rule pursuant to this section the director shall consider how the rule may serve to implement the purpose of preventing unfair discrimination as prohibited by this section and how the rule may impact the availability and price of insurance in this state. "

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

MOTION:      DO PASS HB 1046 AS AMENDED

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

Voting yes:      Roe, DeMersseman, Broderick, Brown (Jarvis), Konold, Pederson (Gordon), Rost, Smidt, Windhorst, Fischer-Clemens, Gleason, Schaunaman, Sperry

MOTION:      PLACE HB 1046 ON CONSENT

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

          HB 1048:   to revise certain provisions regarding the property and casualty Insurance Guaranty Association.

Proponents:      Darla Lyon, Division of Insurance
          Ed Evans, SD Insurance Guarantee Association
Opponents:      Bob Riter, Ind. Insurance Agents of SD.

MOTION:      DO PASS HB 1048

Moved by:      Representative Schaunaman
Second by:      Representative DeMersseman
Action:      was not acted on.

MOTION:      SUBSTITUTE MOTION TO DEFER HB 1048 UNTIL January 23

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

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          HB 1049:   to establish an insurance examination fund and prescribe certain requirements for insurers subject to examination.

Proponents:      Darla Lyon, Division of Insurance
Opponents:      none

MOTION:      AMEND HB 1049

j-1049

     On page 2 , line 22 , delete " 58-33 " and insert " 58-3 " .

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Fischer-Clemens
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1049 AS AMENDED

Moved by:      Representative DeMersseman
Second by:      Representative Fischer-Clemens
Action:      Prevailed by roll call vote.   (11-2-0-0)

Voting yes:      Roe, DeMersseman, Brown (Jarvis), Konold, Pederson (Gordon), Rost, Smidt, Fischer-Clemens, Gleason, Schaunaman, Sperry

Voting no:      Broderick, Windhorst

          HB 1051:   to transfer the regulation of mortgage brokers from the Real Estate Commission to the Division of Banking.

Proponents:      Larry Lyngsted, Dept of Commerce & Real Estate
          Richard Duncan, Div of Banking
Opponents:      none

MOTION:      AMEND HB 1051

j-1051

     On page 1 , line 13 , delete " 36-21-A " and insert " 36-21A " .

Moved by:      Representative DeMersseman
Second by:      Representative Schaunaman
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1051 AS AMENDED

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Moved by:      Representative Broderick
Second by:      Representative Konold
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Roe, DeMersseman, Broderick, Brown (Jarvis), Konold, Pederson (Gordon), Rost, Smidt, Windhorst, Fischer-Clemens, Gleason, Schaunaman, Sperry

MOTION:      PLACE HB 1051 ON CONSENT

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

          HB 1052:   to revise certain provisions relating to the recording of the transportation and shipment of gaming devices.

Proponents:      Larry Eliason, Secretary of Gaming
Opponents:      none

MOTION:      DO PASS HB 1052

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

Voting yes:      Roe, DeMersseman, Broderick, Brown (Jarvis), Konold, Pederson (Gordon), Rost, Smidt, Windhorst, Fischer-Clemens, Gleason, Schaunaman, Sperry

MOTION:      PLACE HB 1052 ON CONSENT

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Fischer-Clemens
Action:      Failed by voice vote.

MOTION:      ADJOURN

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

Margaret Nickels!

Committee Secretary