Senate Commerce Minutes 02/22/2001 10:00 AM

76^th Legislative Session _ 2001

Committee: Senate Commerce

Thursday, February 22, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    McCracken
P    Sutton (Dan)
P    Volesky
P    Whiting
P    Daugaard, Vice-Chair
P    Munson, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Munson

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 20^TH

Moved by:    Volesky
Second by:    McCracken
Action:    Prevailed by voice vote.

         HB 1031: require workers' compensation third party administrators to become licensed and registered and to provide for standards for the continued registration of third party administrators.

Presented By:    Jaames Marsh, Department of Labor
Proponents:    Randy Moses, Div of Insurance (Comments only)

MOTION:     DO PASS HB 1031

Moved by:    McCracken
Second by:    Volesky
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, McCracken, Sutton (Dan), Volesky, Whiting, Daugaard, Munson

MOTION:     PLACE HB 1031 ON CONSENT

Moved by:    Whiting
Second by:    Volesky
Action:    Prevailed by voice vote.

         HB 1003: prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance.

Presented By:    Representative Monroe, Sponsor

The following are against the House Engrossed version and proponents of House Commerce Committee version.

Proponents:     Darla Pollman Rogers, HAII
        Mike Shaw, American Family Insurance
        Dick Tieszen, State Farm Insurance
        Kris Kreiter O'Connell, Wellmark BCBS

Opponents:    Randy Moses, Division of Insurance
        Darla Lyon, Division of Insurance

MOTION:     AMEND HB 1003

On the House engrossed bill, delete all amendments, thus restoring the bill to the House Commerce Committee engrossed version.

Moved by:    Daugaard
Second by:    Volesky
Action:    Prevailed by voice vote.

MOTION: MOTION AMEND HB 1003

On page 2, line 12 of the House Commerce Committee engrossed bill, delete " or " .

On page 2 , line 14, delete " . " and insert "; or".

On page 2 , after line 14, insert:

"(3) Take into consideration the results of an individual's genetic test.".

Moved by:    Whiting
Second by:    Volesky
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1003 AS AMENDED

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

Voting Yes:    Bogue, McCracken, Volesky, Whiting, Daugaard

Voting No:    Sutton (Dan), Munson

         HB 1218: prohibit directed suretyship.

Presented By:    Representative Mike Derby, Sponsor
Proponents:    Jason Gusso, Surety Bond Producer, Sioux Falls, SD (Handout #1
        Larry Zikmund, AGC Bldg Chapter
        Jim Keyes, AGC of SD

MOTION:     AMEND HB 1218

On page 1, line 7 of the House Commerce Committee engrossed bill, delete " surety bond components of wrap-up insurance " and insert "surety bonds that are procured in any owner- controlled insurance program".

Moved by:    McCracken
Second by:    Bogue
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1218

On page 1, line 6 of the House Commerce Committee engrossed bill, after " data to " insert "any particular insurance or surety company or producer".

On page 1 , delete line 7 , and insert "obtain, or procure, any surety bond that is procured in any owner-controlled insurance program, or that is".

On page 1 , line 8, delete " that are " .

Moved by:    Bogue
Second by:    Volesky
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1218 AS AMENDED

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

Voting Yes:    Bogue, McCracken, Volesky, Whiting, Daugaard, Munson

Excused:    Sutton (Dan)

MOTION:     PLACE HB 1218 ON CONSENT

Moved by:    Whiting
Second by:    Volesky
Action:    Prevailed by voice vote.

         HB 1037: revise the rule-making authority for credit insurance.

Presented By:    Randy Moses, Division of Insurance (Handout #2)
Proponents:    John Brown, SD Consumers Association (Hoghouse Amendment)

The Chair deferred HB 1037 until Tuesday, February 27^th.

         HB 1140: require farm mutual insurers to comply with insurance fraud provisions.

Presented By:    Darla Lyon, Division of Insurance

MOTION:     DO PASS HB 1140

Moved by:    Volesky
Second by:    McCracken
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Bogue, McCracken, Volesky, Whiting, Daugaard, Munson

Excused:    Sutton (Dan)

MOTION:     PLACE HB 1140 ON CONSENT

Moved by:    Volesky
Second by:    McCracken
Action:    Prevailed by voice vote.

         HB 1253: revise certain provisions regarding dealer franchises and to include outdoor power equipment.

Presented By:    Brett Koenecke, Farm Equipment Association of SD
        Dave Gerdes, Equipmet Manufacturing Institute
        Dick Gregerson, Automobile Dealers Assn SD

MOTION:     AMEND HB 1253

On page 1, line 14 of the House Commerce Committee engrossed bill, delete " or oral " .

Moved by:    Daugaard
Second by:    McCracken
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1253 AS AMENDED

Moved by:    Daugaard
Second by:    Volesky

Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Bogue, McCracken, Volesky, Whiting, Daugaard, Munson

Excused:    Sutton (Dan)

MOTION:     ADJOURN

Moved by:    Bogue
Second by:    Daugaard
Action:    Prevailed by voice vote.

Margaret Nickels

____________________________

Committee Secretary

David R. Munson, Chair

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