74th Legislative Session -- 1999
Committee: Senate State Affairs
Monday, February 8, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Dunn (Jim)
P
Munson (David)
P
Hutmacher
P
Lawler
E
Symens
P
Everist
P
Whiting
P
Rounds, Vice-Chair
P
Halverson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Halverson
MOTION:
TO APPROVE THE MINUTES OF 2/8/99
Moved by:
Senator Rounds
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 237:
transfer funds from the special racing revolving fund and the South Dakota-bred
racing fund to the Department of Social Services for domestic and sexual abuse shelter
programs and to the Department of Education for child development and certain technology
enhancement programs and to make an appropriation therefor.
Proponents:
Dave Knudson, Governor's Office
Larry Eliason, Executive Secretary, South Dakota Gaming Commission
MOTION:
DO PASS SB 237
Moved by:
Senator Rounds
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(6-1-2-0)
Voting yes:
Dunn (Jim), Munson (David), Lawler, Whiting, Rounds, Halverson
Voting no:
Hutmacher
Excused:
Symens, Everist
SB 201:
exempt certain transfers of property used exclusively for agricultural purposes from
the inheritance tax.
Proponents:
Senator Bogue, Dupree, South Dakota (Document 1)
Opponents:
Allen Eide, Department of Revenue
MOTION:
DO PASS SB 201
Moved by:
Senator Hutmacher
Second by:
None
Action:
Died for a lack of a second
MOTION:
DEFER SB 201 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(6-2-1-0)
Voting yes:
Dunn (Jim), Munson (David), Everist, Whiting, Rounds, Halverson
Voting no:
Hutmacher, Lawler
Excused:
Symens
SB 170:
ensure that enrollees receive health care services under certain managed care systems.
Proponents:
Senator Kloucek, Scotland, South Dakota
MOTION:
DEFER SB 170 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(7-1-1-0)
Voting yes:
Dunn (Jim), Munson (David), Lawler, Everist, Whiting, Rounds, Halverson
Voting no:
Hutmacher
Excused:
Symens
HB 1009:
require a managed care plan to have a medical director or director.
Proponents:
Dave Knudson, Governor's Office(Document 2)
Representative Kristi Fiegen, Sioux Falls, South Dakota(Document 3,6,7)
Randy Moses, Department of Commerce and Regulation
Roberta Vogt, AARP
Dave Hewett,South Dakota Association of Healthcare Organizations
Senator Kloucek, Scotland, South Dakota
Neal Chaplin(Documents 8,9,10),Golden Rule Insurance
MOTION:
DO PASS HB 1009
Moved by:
Senator Lawler
Second by:
Senator Hutmacher
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds, Halverson
Excused:
Symens
HB 1012:
provide utilization review of managed care plans.
Proponents:
Dave Knudson, Governor's Office
Representative Kristi Fiegen, Sioux Falls, South Dakota
Roberta Vogt, AARP
Dave Hewett, South Dakota Association of Healthcare Organizations
Senator Frank Kloucek,Scotland, South Dakota
Neal Chaplin(Documents 8,9,10),Golden Rule Insurance
MOTION:
DO PASS HB 1012 AS AMENDED
Moved by:
Senator Rounds
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds, Halverson
Excused:
Symens
MOTION:
TO AMEND TITLE OF HB 1012
j-1012t
On page
1
,
line
1 of the House Health and Human Services committee engrossed bill
,
delete everything after
"
to
"
and insert "
establish criteria for the use of utilization review by health carriers, utilization review
organizations, and other contracted entities.
"
.
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
HB 1013:
establish certain requirements regarding coverage of emergency medical services
in managed care plans.
Proponents:
Dave Knudson, Governor's Office
Representative Kristi Fiegen, Sioux Falls, South Dakota
Roberta Vogt, AARP
Dave Hewett, South Dakota Association of Healthcare Organization
Senator Frank Kloucek,Scotland, South Dakota
Neal Chaplin(Documents 8,9,10),Golden Rule Insurance
MOTION:
DO PASS HB 1013 AS AMENDED
Moved by:
Senator Everist
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds, Halverson
Excused:
Symens
MOTION:
TO AMEND TITLE OF HB 1013
j-1013t
On page
1
,
line
2 of the House Health and Human Services committee engrossed bill
,
delete "
in managed care
plans
"
.
Moved by:
Senator Dunn (Jim)
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
SB 235:
require the disclosure of information to prospective enrollees of managed care plans.
Proponents:
Doneen Hollingsworth, Secretary, Department of Health(Documents 4,5)
Michael Shaw,American Family Insurance
Richard Tieszen, State Farm Insurance Companies
Roberta Vogt, AARP
MOTION:
DO PASS SB 235 AS AMENDED
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds, Halverson
Excused:
Symens
SB 236:
establish standards for network adequacy and quality of care in managed care plans
and to require the registration of managed care entities.
Proponents:
Doneen Hollingsworth, Secretary, Department of Health
Michael Shaw, American Family Insurance
Richard Tieszen, State Farm Insurance
Roberta Vogt, AARP
MOTION:
DO PASS SB 236 AS AMENDED
Moved by:
Senator Munson (David)
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds, Halverson
Excused:
Symens
SB 238:
authorize the Public Utilities Commission to regulate certain telecommunications
services.
Proponents:
Dave Knudson, Governor's Office
Pam Nelson, Commissioner, Public Utilities Commission(Opposed to Document 12)
Laska Schoenfelder, Commissioner, Public Utilities Commission
Rulayne Wiest,Public Utilities Commission
Opponents:
Tom Adam, MCI(Document 12)
Harry Christianson, AT&T
Melody Hackett, Sprint
Richard Gregerson,Dakota Telecommunication Group
Brian Meyer,South Dakota Association of Telephone Cooperatives
MOTION:
AMEND SB 238
o-238
On page
1
,
line
8 of the printed bill
,
delete "
customer
"
and insert "
subscriber
"
.
On page
1
,
line
10
,
delete "
Public Utilities Commission
"
and insert "
commission. The commission may
promulgate rules pursuant to chapter 1-26 to implement this section
"
.
On page
2
,
line
18
,
delete "
a nonauthorized
"
and insert "
an unauthorized
"
.
On page
2
,
after line
25
,
insert:
"
Section 5. That
§
37-30A-9
be repealed.
37-30A-9.
Notwithstanding the provisions of
§
37-30A-8, no person may change the designated
telecommunications company as defined in
§
49-31-1(9) which is providing service to a consumer without the
written confirmation in the form of a letter of agency from that consumer or confirmation by a third-party
verification company. The third-party verification company shall meet each of the following criteria:
(1)
Be independent of the telecommunications company that seeks to provide the consumer's new service;
(2)
Not be directly managed, controlled, or directed, or owned wholly or in part, by the
telecommunications company that seeks to provide the consumer's new service;
(3)
Operate from facilities physically separate from those of the telecommunications company that seeks
to provide the consumer's new service; and
(4)
Not derive commissions or compensation based upon the number of sales confirmed.
The telecommunications company that seeks to provide the consumer's new service shall connect the
consumer by telephone to the third-party verification company or shall arrange for the third-party verification
company to call the consumer to confirm the change. The third-party verification company shall obtain the
consumer's oral confirmation regarding the change and shall record that confirmation. The record shall include
the information requested by the third-party verification company and the consumer's responses. The third-party
verification company shall retain that record for twelve months. The record shall be available to the Public Utilities
Commission and to the consumer at no cost. No information obtained from the consumer may be used for
marketing purposes. If the telecommunications company or a third-party verification company acting on its behalf
fails to comply with these third-party verification provisions, the Public Utilities Commission may revoke the
telecommunication company's certificate of authority and may impose a civil fine of not less than two hundred
dollars nor more than one thousand dollars for each offense. It is a violation of
§
§
37-30A-1 to 37-30A-17 for
any person to make such an unauthorized change.
"
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
Senator Halverson appointed Senator Lawler and Senator Whiting to a special committee
to work on SB238.
The Chair deferred SB 238 until 2/12/99.
SB 239:
revise certain provisions regarding telecommunications services.
Proponents:
Dave Knudson, Governor's Office
MOTION:
DO PASS SB 239
Moved by:
Senator Munson (David)
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds, Halverson
Excused:
Symens
SB 154:
revise certain provisions regarding the Public Utilities Commission implementation
of the federal Telecommunications Act of 1996.
Proponents:
Larry Toll, U.S. West
Opponents:
Rulayne Wiest, Public Utilities Commission
The Chair deferred SB 154 until 2/12/99.
SB 144:
revise the definition of basic local exchange service for the purposes of regulating
telecommunications services.
The Chair deferred SB 144 until 2/12/99.
MOTION:
ADJOURN
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
Janet Judson
_________________________________
Committee Secretary
Harold Halverson, Chair
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