73rd Legislative Session -- 1998

Committee: Senate Commerce

Tuesday, February 3, 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


MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING

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

          SB 223:   to revise certain provisions regarding insurance coverage for and after delivery of a baby.

Proponents:      Senator Lawler
          Darla Pollman-Rogers, SDALU
          Sid Schroeder, Insurance Agent
          Randy Moses, Division of Insurance

MOTION:      AMEND SB 223

j-223

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

"      Section  1.  That § 58-17-88 be amended to read as follows:


     58-17-88.   If a health insurance policy that is issued or renewed on or after July 1, 1996, provides maternity coverage, the policy shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in §   58-17-89. Any policy that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

     Section  2.  That § 58-18-76 be amended to read as follows:

     58-18-76.   If a group health insurance policy that is issued or renewed on or after July 1, 1996, provides maternity coverage, the policy shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in §   58-18-77. Any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

     Section  3.  That § 58-18B-50 be amended to read as follows:

     58-18B-50.   If a health benefit plan of a small employer carrier that is issued or renewed on or after July 1, 1996, provides maternity coverage, the plan shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in §   58-18B-51. Any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

     Section  4.  That § 58-38-37 be amended to read as follows:

     58-38-37.   If a service or indemnity-type contract issued or renewed on or after July 1, 1996, by a nonprofit medical and surgical service plan corporation provides maternity coverage, the contract shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in §   58-38-38. Any individual policy and any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

     Section  5.  That § 58-40-34 be amended to read as follows:

     58-40-34.   If a service or indemnity-type contract issued or renewed on or after July 1, 1996, by a nonprofit hospital service plan corporation provides maternity coverage, the contract shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother

and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in §   58-40-35. Any individual policy and any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.

     Section  6.  That § 58-41-112 be amended to read as follows:

     58-41-112.   If a health maintenance contract issued or renewed on or after July 1, 1996, by a health maintenance organization provides maternity coverage, the contract shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in §   58-41-113. Any individual policy and any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section. "



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

MOTION:      DO PASS SB 223 AS AMENDED

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

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

Excused:      Daugaard, Valandra

MOTION:      PLACE SB 223 ON CONSENT

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

          HB 1041:   to authorize the Banking Commission to promulgate certain administrative rules regarding the mortgage lending business.

Proponents:      Richard Duncan, Division of Banking
          Mike Pellett, Mortgage Lender
          Jeff Rodman, SD Bankers Assoc.

MOTION:      AMEND HB 1041

j-1041a

     On page 2 , line 2 of the House engrossed bill , after " who " insert " acts as an intermediary between borrower and lender in securing a mortgage loan, or " .


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

MOTION:      DO PASS HB 1041 AS AMENDED

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

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

MOTION:      PLACE HB 1041 ON CONSENT

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

          SB 209:   to provide notice and benefits to certain employees affected by plant closings and mass layoffs.

Proponents:      Senator Flowers
          Paul Alyward, AFSCME & AFL-CIO
Opponents:      Ray Trankle, Industry & Commerce Assn.
          Dan Nelsen, SF Chamber of Commerce
          Jerry Wheeler, SD Retailers Assoc.

MOTION:      DEFER SB 209 UNTIL THE 36TH LEGISLATIVE DAY

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

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

Voting no:      Lawler, Valandra

          HB 1042:   to revise certain authority relating to installment loan licensing and lending requirements.

Proponents:      Richard Duncan, Division of Banking
          Ross Johnson, Division of Banking
          John Brown, SD Consumer Finance
          Bob Sahr, SD Bankers Assoc.

MOTION:      AMEND HB 1042

j-1042d

     On page 2 , line 24 of the House Commerce committee engrossed bill , after " dollars. " insert " If the application of an existing licensee is for an additional location, the application need only include the location and identity of the location manager, plus any changes from the existing license, or such other information the director may consider necessary. " .

     On page 3 , delete lines 1 to 4 , inclusive .

     On page 3 , delete lines 21 to 24 , inclusive .

     On page 5 , between lines 8 and 9 , insert:

"     Section 19A. Any money received by the division pursuant to this Act shall be deposited in the banking revolving fund. "


     On page 5 , line 12 , delete everything after " dollars. " .

     On page 5 , delete line 13 .

     On page 5 , line 15 , delete " 20 " and insert " 19 " .


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

MOTION:      DO PASS HB 1042 AS AMENDED

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

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

MOTION:      PLACE HB 1042 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Valandra
Action:      Failed by voice vote.

          HB 1043:   to revise the length of time financial responsibility must be maintained by certain persons to have driving privileges.

Proponents:      Cindy Gerber, SD Drivers Licensing
          Darla Lyon, Division of Insurance
Opponents:      Darla Pollman-Rogers, SDALU

MOTION:      DO PASS HB 1043

Moved by:      Senator Munson (David)
Second by:      None
Action:      Died for a lack of a second

MOTION:      DEFER HB 1043 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Lawler
Second by:      Senator Valandra
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Daugaard, Lawler, Olson, Valandra

Voting no:      Staggers, Munson (David), Shoener

          HB 1044:   to define certain bank dividends.

Proponents:      Richard Duncan, Division of Banking
          Jeff Rodman, SD Bankers Assoc.

MOTION:      DO PASS HB 1044

Moved by:      Senator Lawler
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 HB 1044 ON CONSENT

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

          HB 1047:   to revise certain provisions regarding the licensing of marriage and family therapists.

Proponents:      Jim Carlon, Board of Counselors

MOTION:      DO PASS HB 1047

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

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

Voting no:      Staggers

          HB 1048:   to revise certain provisions regarding the Board of Counselor Examiners and the regulation of counseling.

Proponents:      Jim Carlon, Board of Counselors

MOTION:      DO PASS HB 1048

Moved by:      Senator Lawler
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 1048 ON CONSENT

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

          HB 1156:   to repeal the recording of certain licenses at the register of deeds office and to require the licenses and renewal certificates to be displayed.

Proponents:      Richard Sattgast, SDACO
          Jim Hood, SD Chiropractors

MOTION:      DO PASS HB 1156

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

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

MOTION:      PLACE HB 1156 ON CONSENT

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

          HB 1172:   to revise certain provisions regarding the filing of financing statements and continuation statements.

Proponents:      Bob Sahr, SDBA

MOTION:      DO PASS HB 1172

Moved by:      Senator Lawler
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 HB 1172 ON CONSENT

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

MOTION:      ADJOURN

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


Doris J. Donner                                         Committee Secretary                                                                                                                  _______________________________
                                Jerry J. Shoener, Chair


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