72nd Legislative Session -- 1997

Committee: Senate Commerce

Tuesday, February 18, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Daugaard
P      Lawler
P      Olson
P      Staggers
P      Valandra
P      Munson (David), Vice-Chair
P      Shoener, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Shoener


MOTION:      TO APPROVE THE MINUTES OF February 13, 1997 meeting.

Moved by:      Senator Munson (David)
Second by:      Senator Valandra
Action:      Prevailed by voice vote.

          SB 126:   to require the Department of Commerce and Regulation to provide by computer tape or other electronic media or data certain information regarding individual driving records under certain conditions.

Proponents:      Ron Olinger, Explore Information Services
          Senator Rounds, Prime Sponsor

MOTION:      AMEND SB 126

j-126
     On the printed bill, delete everything after the enacting clause and insert:

"      Section  1.  That chapter 32-35 be amended by adding thereto a NEW SECTION to read as follows:
     The Department of Commerce and Regulation may contract with an insurance company or its authorized information vendor to provide the entries made on the operating records of the insurance

company's policyholders. The department may determine the periodic basis and the media on which the information will be provided. The cost of the service shall be determined by the parties. The information provided shall only be used by the insurance company receiving the information for purposes of dealing with its policyholders. "



Moved by:      Senator Lawler
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 126 AS AMENDED

Moved by:      Senator Lawler
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      TO AMEND TITLE OF SB 126

j-126t
     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " permit the Department of Commerce and Regulation to provide the driving record of policyholders to insurance companies. " .

     On page 1 , delete lines 2 and 3 .


Moved by:      Senator Olson
Second by:      Senator Lawler
Action:      Prevailed by voice vote.

MOTION:      PLACE SB 126 ON CONSENT

Moved by:      Senator Olson
Second by:      Senator Lawler
Action:      Prevailed by voice vote.

          Senator Shoener passed the gavel to Senator Munson, Vice-Chair

          SB 165:   to authorize the State Electrical Commission to establish a biennial license fee for a maintenance electrician's license.

Proponents:      Senator Shoener, Prime Sponsor
          Francis Wingert, Contractor,SDEC

          Frank Drew, President Health Care Associations

MOTION:      DO PASS SB 165

Moved by:      Senator Shoener
Second by:      Senator Valandra
Action:      Prevailed by roll call vote.   (6-2-0-0)

Voting yes:      Daugaard, Olson, Valandra, Munson (David), Shoener

Voting no:      Lawler, Staggers

          Vice-Chair Senator Munson Passed the gavel to Chairman Senator Shoener

          HB 1102:   to authorize additional off-sale retail liquor licenses in certain municipalities of the first class.

Proponents:      Senator Everist
          Jerry Wheeler, SD Retailers Association
          Representative Haag, Prime Sponsor
Opponents:      Tim Daugherty, SD Liquor Retailers
          Fred Assam, Assam Drug
          Mary and Ken Phillippi, self

MOTION:      DO PASS HB 1102

Moved by:      Senator Valandra
Second by:      Senator Olson
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Lawler, Olson, Staggers, Valandra, Shoener

Voting no:      Daugaard, Munson (David)

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

Proponents:      Darla Lyon, Division of Insurance
          Dick Gregerson, American Council Life Insurance
          Doug Hiatt, Western Surety Co,

MOTION:      AMEND HB 1049

j-1049a
     On page 3 of the House Commerce committee engrossed bill , after line 14 , insert:
"     Section 6. The provisions of this Act do not apply to farm mutual insurers subject to chapter 58- 35. "


Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1049 AS AMENDED

Moved by:      Senator Lawler
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Daugaard, Lawler, Olson, Munson (David), Shoener

Voting no:      Staggers, Valandra

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

Proponents:      Randy Moses, Division of Insurance

MOTION:      AMEND HB 1046

j-1046a
     On page 1 , line 7 of the House engrossed bill , after " . " insert " An insurer may use age in determining whether to issue or renew life, health, or annuity policies. An insurer may use occupation in determining whether to issue or renew a life or disability policy. " .

     On page 1 , line 10 , delete " specific underwriting " and insert " general practices " .


Moved by:      Senator Olson
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1046 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Munson (David), Shoener


Excused:      Valandra

          HB 1047:   to require property and casualty and health insurers to file actuarial opinions in accordance with the National Association of Insurance Commissioners Annual Statement Instructions.

Proponents:      Darla Lyon, Division of Insurance

MOTION:      DO PASS HB 1047

Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (5-1-1-0)

Voting yes:      Daugaard, Lawler, Olson, Munson (David), Shoener

Voting no:      Staggers

Excused:      Valandra

          HB 1067:   to revise the period of time a bank is allowed to hold overdrafts as an asset.

Proponents:      Representative Broderick
          Richard Duncan, Director of Banking

MOTION:      DO PASS HB 1067

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1067 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Olson
Action:      Prevailed by voice vote.

          HB 1058:   to authorize certain production of malt beverage and wine for personal or family use.

Proponents:      Representive Napoli, Prime Sponsor
MOTION:      DO PASS HB 1058

Moved by:      Senator Olson
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

MOTION:      PLACE HB 1058 ON CONSENT

Moved by:      Senator Daugaard
Second by:      Senator Lawler
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Olson
Second by:      Senator Lawler
Action:      Prevailed by voice vote.



Doris J. Donner

_________________________________

Committee Secretary
Jerry J. Shoener, Chair

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