74th Legislative Session -- 1999

Committee: Senate Commerce

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Lawler
P      Olson
P      Paisley
P      Valandra
P      Whiting
P      Daugaard, Vice-Chair
P      Shoener, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Shoener

MOTION:      TO AMEND THE MINUTES OF JANUARY 26, 1999 AS FOLLOWS:

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

MOTION:      AMEND SB 49

j-49

     On page 2 , delete lines 9 to 21 of the printed bill , inclusive , and insert:

"      Section 2. That § 62-4-34 be amended to read as follows:

     62-4-34.   If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury resulting in additional permanent partial or permanent total disability so that the degree or percentage of disability caused by the combination of the subsequent injury and the preexisting injury or condition is substantially greater than that which resulted from the last injury, considered alone, and if the employee is entitled to receive compensation on the basis of the combined disabilities, the employer shall pay all medical and hospital expenses and compensation provided by this title. The employer shall be reimbursed from the "subsequent injury fund" for two-thirds of all compensation, medical and hospital expenses paid

to or on behalf of the injured employee due to the subsequent injury. If the subsequent compensable injury of the employee results in the death of the employee and it has been determined that the death would not have occurred except for the preexisting disability, the employer shall pay all compensation provided by this title. "

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

MOTION:      DO PASS SB 49 AS AMENDED

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

Voting yes:      Lawler, Olson, Paisley, Whiting, Daugaard, Shoener

Voting no:      Valandra

MOTION:      TO APPROVE THE MINUTES OF JANUARY 26, 1999 AS AMENDED.

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

          SB 137:   revise certain provisions regarding insurance coverage for appurtenant property.

Proponents:      Dennis Duncan, SD Insurance Alliance
          Mike Shaw, National Association of Insurance
Presented by:      Senator Halverson

MOTION:      DO PASS SB 137

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

Voting yes:      Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener

MOTION:      PLACE SB 137 ON CONSENT

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

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          SB 75:   establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

Proponents:      David Volk, Secretary Commerce
          Darla Lyon, Div. Insurance
          Loren Pankratz, self
          Ron Wheeler, Gov. Task force
          Ron Schmidt, Am Insurance Assoc
          Mike Shaw, Nat. Assoc. Ins.,Am Family Ins.
Presented by:      Senator Daugaard

MOTION:      AMEND SB 75

j-75a

     On page 5 , line 14 of the printed bill , delete " general " and insert " insurance fraud prevention unit " .

     On page 8 , delete lines 14 to 19 , inclusive .

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

MOTION:      SUBSTITUTE MOTION AMEND SB 75

j-75b

     On page 5 , line 14 of the printed bill , delete " general " and insert " insurance fraud prevention unit " .

     On page 8 , line 14 , after " shall, " insert " every " .

     On page 8 , line 15 , delete " . Each " and insert " , " .

     On page 8 , delete line 16 .

Moved by:      Senator Olson
Second by:      Senator Whiting
Action:      Failed by roll call vote.   (4-3-0-0)

Voting yes:      Lawler, Valandra, Daugaard, Shoener

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Voting no:      Olson, Paisley, Whiting

MOTION:      AMEND SB 75

j-75c

     On page 8 , after line 13 of the printed bill , insert:

"      Section 17. Each authorized insurer shall, three years after the effective date of this Act, reevaluate its rates based upon the impact that fraud prevention has had upon its rates, considering the impact of this Act and the impact of any fraud prevention units of the insurer or other fraud prevention organization and appropriate accumulated data and, if justified by the insurer's actuary, reduce its rates. "

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

Voting yes:      Lawler, Paisley, Whiting, Daugaard

Voting no:      Olson, Valandra, Shoener

MOTION:      DO PASS SB 75 AS AMENDED

Moved by:      Senator Whiting
Second by:      Senator Paisley
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Lawler, Paisley, Valandra, Whiting, Daugaard, Shoener

Voting no:      Olson

          HB 1046:   revise certain provisions regarding installment transactions involving a motor vehicle.

Proponents:      Richard Duncan, SD Banking
          Bob Sutton, SD Bankers Assoc.

MOTION:      DO PASS HB 1046

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

Voting yes:      Lawler, Olson, Paisley, Valandra, Whiting, Daugaard, Shoener

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MOTION:      PLACE HB 1046 ON CONSENT

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

          HB 1047:   grant state-chartered banks powers allowed federally chartered banks under certain conditions.

Proponents:      Richard Duncan, SD Banking
          Tom Adam, SD Bankers Assoc.

MOTION:      DO PASS HB 1047

Moved by:      Senator Lawler
Second by:      Senator Whiting
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Lawler, Paisley, Valandra, Whiting, Daugaard, Shoener

Excused:      Olson

MOTION:      PLACE HB 1047 ON CONSENT

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

          HB 1024:   revise certain provisions regarding the minimum wage to be paid persons under twenty years of age.

Proponents:      James Marsh, Dept. Labor
          Jerry Wheeler, SD Retail Association
          Greg Dean, Chamber Commerce

MOTION:      DO PASS HB 1024

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

Voting yes:      Lawler, Paisley, Valandra, Whiting, Daugaard, Shoener

Excused:      Olson

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MOTION:      PLACE HB 1024 ON CONSENT

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

          HB 1044:   revise the date for the submission of certain continuing education reports by insurance agents.

Proponents:      Darla Lyon, Division of Insurance

MOTION:      DO PASS HB 1044

Moved by:      Senator Paisley
Second by:      Senator Whiting
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Lawler, Paisley, Valandra, Whiting, Daugaard, Shoener

Excused:      Olson

MOTION:      PLACE HB 1044 ON CONSENT

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

          HB 1049:   require certain specifications and tolerances for weights and measures established by administrative rule to be in conformance with updated national standards.

Proponents:      Joe Dept. Commerce

MOTION:      DO PASS HB 1049

Moved by:      Senator Paisley
Second by:      Senator Whiting
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Lawler, Paisley, Valandra, Whiting, Daugaard, Shoener

Excused:      Olson

MOTION:      PLACE HB 1049 ON CONSENT

Moved by:      Senator Lawler

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Second by:      Senator Whiting
Action:      Prevailed by voice vote.

          HB 1050:   revise the term, creditable coverage, with regard to health insurance policies and to clarify coverage for guarantee issue.

Proponents:      Darla Lyon, Division of Insurance
          Darla Pollman-Rogers,Health Insurance Association of America
          Kris Krieter, Blue Cross,Blue Shield

MOTION:      DO PASS HB 1050

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

Voting yes:      Lawler

Excused:      Olson, Paisley, Valandra, Whiting, Daugaard, Shoener

MOTION:      PLACE HB 1050 ON CONSENT

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

MOTION:      ADJOURN

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

Doris J. Donner

Committee Secretary