72nd Legislative Session -- 1997

Committee: House Commerce

Thursday, January 23, 1997

                                            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
E      Gleason
P      Schaunaman
P      Sperry


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Roe


MOTION:      TO APPROVE THE MINUTES OF January 21

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


MOTION:      Adopt permanent rules.

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

          HB 1037:   to establish certain provisions regarding the collections of delinquent employer contributions to the unemployment insurance trust fund.


:      Presented by:      Don Kattle, Dept of Labor

MOTION:      AMEND HB 1037

j-1037
     On page 1 , line 7 , delete " officer " and insert " president " .

     On page 1 , line 8 , delete " twenty " and insert " fifty-one " .


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

MOTION:      DEFER HB 1037 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative DeMersseman
Second by:      Representative Konold
Action:      Prevailed by roll call vote.   (12-0-1-0)

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

Excused:      Gleason

          SB 74:   to revise the requirements for disclosure for certain health insurance coverages and to further limit the application of waiting periods for medicare supplement insurance.

Proponents:      Randy Moses, Div of Insurance
          Rew Hanson, AARP

MOTION:      AMEND SB 74

j-74
     On page 1 , line 9 , over strike " , " and insert " and " .


Moved by:      Representative Broderick
Second by:      Representative Windhorst
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 74 AS AMENDED

Moved by:      Representative Fischer-Clemens
Second by:      Representative Broderick


Action:      Prevailed by roll call vote.   (12-0-1-0)

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

Excused:      Gleason

MOTION:      PLACE SB 74 ON CONSENT

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

          SB 80:   to update and revise the Uniform Securities Act.

Presented by:      Debra Bollinger, Director of Securities

MOTION:      DEFER SB 80 UNTIL next committee meeting

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

          SB 82:   to revise the South Dakota Uniform Securities Act to conform with the provisions of the National Securities Markets Improvement Act of 1996.

Presented by:      Debra Bollinger, Director of Securities

MOTION:      DO PASS SB 82

Moved by:      Representative DeMersseman
Second by:      Representative Rost
Action:      Prevailed by roll call vote.   (12-0-1-0)

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

Excused:      Gleason

MOTION:      PLACE SB 82 ON CONSENT

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

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

Opponents:      Bob Riter, Ind Insurance AgentsPresented by:      Randy Moser, Division of Insurance

MOTION:      AMEND HB 1048

j-1048
     On page 3 , after line 5 , insert:
"
     Section 5. That § 58-29A-3 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    "Affiliate," any person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December thirty-first of the year immediately preceding the date the insurer becomes an insolvent insurer. "


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

MOTION:      DO PASS HB 1048 AS AMENDED

Moved by:      Representative Schaunaman
Second by:      Representative Brown (Jarvis)
Action:      Prevailed by roll call vote.   (12-0-1-0)

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

Excused:      Gleason

MOTION:      PLACE HB 1048 ON CONSENT

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



Margaret Nickels

_________________________________

Committee Secretary
Robert A. Roe, Chair


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