73rd Legislative Session -- 1998
Committee: Senate Commerce
Tuesday, January 20, 1998
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
SB 54:
to revise the definition of real estate salesperson.
Proponents:
Larry Lyngstad, Real Estate Commission
MOTION:
DO PASS SB 54
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 SB 54 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 64:
to revise the definition of real estate broker.
Proponents:
Larry Lyngstad, Real Estate Commission
Dean Krogman, SD Realtors Association
MOTION:
AMEND SB 64
J-64
On page
1
,
line
12 of the printed bill
,
delete "
32-7
"
and insert "
32-7A
"
.
Moved by:
Senator Olson
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 64 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:
PLACE SB 64 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 56:
to revise the requirements for individual and group health insurance
availability and portability.
Proponents:
Randy Moses, Division of Insurance
MOTION:
AMEND SB 56
j-56
On page
4
,
line
15 of the printed bill
,
after "
to
"
insert "
high-risk
"
.
On page
4
,
line
15
,
overstrike "
without medical
"
.
On page
4
,
line
16
,
overstrike "
underwriting
"
.
On page
4
,
line
22
,
after "
threshold.
"
insert "
The director may promulgate rules pursuant to
chapter 1-26 to determine which individual policies may be used to determine the two percent
threshold, the procedures involved, and the applicable time frames. In making that determination,
the director shall develop a method designed to limit the number of high-risk individuals to whom
any one carrier may be required to issue coverage.
"
.
On page
9
,
line
24
,
delete "
quarterly, semi-annual, or
"
.
On page
10
,
line
2
,
after "
made.
"
insert "
A carrier is not required to provide any claims
information that pertains to a prior carrier's experience with that employer.
"
.
On page
11
,
line
4
,
remove the overstrikes from "
written
"
.
On page
11
,
line
11
,
after "
occurring.
"
insert "
A request for an expedited review need not be in
writing.
"
.
On page
12
,
line
17
,
overstrike "
either
"
and insert "
a
"
.
On page
13
,
line 17, remove the overstrikes from "If the director determines that all carriers in
the small employer".
On page
13
,
remove the overstrikes from lines
18
and
19
.
On page
13
,
line 20, remove the overstrikes from "increments if all small employer carriers meet
the previous threshold."
On page
13
,
line
23
,
after "
1-26.
"
insert "
No small employer carrier is required to issue coverage
to any small employer if the small employers who are at high-risk constitute two percent of that
carrier's earned premium on an annual basis from small employer health benefit plans. The director
may promulgate rules pursuant to chapter 1-26 to determine which policies may be used to determine
the two percent threshold, the procedures involved, and the applicable time frames. In making that
determination, the director shall develop a method designed to limit the number of high risk groups
to which any one carrier may be required to issue coverage.
"
.
On page
17
,
line
15
,
delete "
equal
"
and insert "
are actuarially equivalent to
"
.
On page
18
,
line
17
,
delete "
and
"
.
On page
18
,
line
18
,
delete "
.
"
and insert "
; and
"
.
On page
18
,
after line
18
,
insert:
"
(15) Requirements pertaining to mental health benefit levels in employer group plans other
than small employer group plans.
"
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 56 AS AMENDED
Moved by:
Senator Munson (David)
Second by:
Senator Olson
Action:
Prevailed by roll call vote.
(6-1-0-0)
Voting yes:
Daugaard, Lawler, Olson, Valandra, Munson (David), Shoener
Voting no:
Staggers
SB 60:
to revise the administrative rule process to reduce the number of document copies
an agency must file when incorporating outside materials into administrative rules.
Proponents:
Rich Engels, Dept. Of Commerce
Terry Anderson, LRC
MOTION:
DO PASS SB 60
Moved by:
Senator Olson
Second by:
Senator Shoener
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener
MOTION:
PLACE SB 60 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 61:
to revise certain provisions regarding the regulation of fireworks.
Proponents:
Dan Carlson, Fire Marshal
Al Christy, Fire Marshall
John Brown,SD Pyrotechnic Assn
MOTION:
DO PASS SB 61
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:
PLACE SB 61 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
SB 62:
to establish the suspension periods for certain violations of traffic laws and for
fraudulently using a driver license or nondriver identification card.
Proponents:
Rich Engels, Dept. Commerce
Sam Dart, Office of Hearing Examiners
MOTION:
DO PASS SB 62
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 SB 62 ON CONSENT
Moved by:
Senator Lawler
Second by:
Senator Olson
Action:
Prevailed by voice vote.
SB 63:
to revise certain provisions regarding unprofessional conduct by real estate
licensees.
Proponents:
Larry Lyngstad, Real Estate Commission
MOTION:
DO PASS SB 63
Moved by:
Senator Munson (David)
Second by:
Senator Olson
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener
MOTION:
PLACE SB 63 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
SB 65:
to revise the advertising restrictions for real estate licensees.
Proponents:
Larry Lyngstad, Real Estate Commission
Dean Krogman, SD Assoc. Realtors
MOTION:
DO PASS SB 65
Moved by:
Senator Valandra
Second by:
Senator Shoener
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener
MOTION:
PLACE SB 65 ON CONSENT
Moved by:
Senator Lawler
Second by:
Senator Olson
Action:
Prevailed by voice vote.
DEFER SB 53 UNTIL January 22, 1998 by Senator Shoener
MOTION:
ADJOURN
Moved by:
Senator Munson (David)
Second by:
Senator Olson
Action:
Prevailed by voice vote.
Doirs J. Donner
_________________________________
Committee Secretary
Jerry J. Shoener, Chair
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