76th Legislative Session _ 2001

Committee: Senate Commerce
Tuesday, February 27, 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 22ND

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

         HB 1208: extend the date for filing claims with the subsequent injury fund.

Presented By:    Neil Fulton, Governors Office
Proponents:    Representative Michels, Sponsor
Opponents:    Ron Schmidt, American Insurance Association(Handouts #1 and #2)

MOTION:     DO PASS HB 1208

Moved by:    Daugaard
Second by:    McCracken
Action:    Prevailed by roll call vote.(4-2-1-0)


Voting Yes:    McCracken, Whiting, Daugaard, Munson

Voting No:    Bogue, Volesky

Excused:    Sutton (Dan)

         HB 1247: revise the requirements for volunteer firefighters to become eligible for workers' compensation.

Presented By:    Representative Jim Lintz, Sponsor
Proponents:    Senator Vitter, Sponsor
        Mike Shaw, Natiional Association of Independent Insurers
        Larry Mann, Homestake Mining Company

MOTION:     AMEND HB 1247

1247ja
     On page 2, after line 4 of the printed bill, insert:

"      Section 2. That § 62-1-1.2 be amended to read as follows:

     62-1-1.2.   For the purposes of this chapter, impairment shall be determined by a medical impairment rating, expressed as a percentage to the affected body part, using the Guides to the Evaluation of Permanent Impairment established by the American Medical Association, fourth fifth edition, June 1993 November 2000 . ".


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

MOTION:     DO PASS HB 1247 AS AMENDED

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

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

Excused:    Sutton (Dan)

MOTION:     TO AMEND TITLE OF HB 1247



1247jta
     On page 1, line 2 of the printed bill, after " compensation " insert "and to update a reference used to determine impairment".

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

MOTION:     PLACE HB 1247 ON CONSENT

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

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

Presented By:    Randy Moses, Division of Insurance
Opponents:    John Brown, SD Consumer Finance Association (Offered amendment)

MOTION:     AMEND HB 1037

1037ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 58-19-1 be amended to read as follows:

     58-19-1.   The purpose of this chapter is to promote the public welfare by regulating credit life insurance, credit health insurance, and credit unemployment insurance , and credit property insurance . Nothing in this chapter is intended to prohibit or discourage reasonable competition. The provisions of this chapter shall be liberally construed.

     Section 2. That § 58-19-2 be amended to read as follows:

     58-19-2.   Terms used in this chapter mean:

             (1)      "Credit health insurance," insurance on a debtor to provide indemnity for payments becoming due on a specific loan, lease, or other credit transaction while the debtor is disabled as defined in the policy;

             (2)      "Credit life insurance," insurance on the life of a debtor pursuant to or in connection with a specific loan, lease, or other credit transaction;

             (3)      "Credit property insurance," a policy, endorsement, rider, binder, certificate, or other instrument or evidence of insurance that covers perils to goods purchased through a credit transaction or goods pledged or used as collateral for a credit transaction and that concerns a creditor's interest in the purchased goods or pledged collateral either in whole or in part. Credit property insurance does not include insurance on boats or marine vehicles, insurance on motor vehicles designed for highway or recreational use, or insurance on mobile homes;

             (4)     "Creditor," the lender of money or vendor or lessor of goods, services, or property, rights or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of any such lender, vendor, or lessor, and an affiliate, associate, or subsidiary of any of them or any director, officer, or employee of any of them or any other person in any way associated with any of them;
                        
             (4) (5)      "Debtor," a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction;

             (5) (6)      "Indebtedness," the total amount payable by a debtor to a creditor in connection with a loan, lease, or other credit transaction.

     Section 3. That § 58-19-34 be amended to read as follows:

     58-19-34.   The director may promulgate rules pursuant to chapter 1-26 as deemed appropriate for the supervision of this chapter. The rules may cover any type of credit insurance including credit life, credit health, credit unemployment, and credit property insurance.

     Section 4. That § 58-19-44 be amended to read as follows:

     58-19-44.   Within thirty days after the filing of any credit unemployment or credit property insurance policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement, or rider, the director shall disapprove any such form if the premium rates charged or to be charged are excessive in relation to benefits , or if such form contains provisions which are unjust, unfair, inequitable, misleading, deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of this title . The director shall adopt standards for premium rates by rules promulgated pursuant to chapter 1-26. The standards for premium rates adopted by the director shall result in a target loss ratio of fifty percent or such lower loss ratio as designated by the director to afford a reasonable allowance for actual and expected loss experience, general and administration expenses, reasonable acquisition expenses, reasonable creditor compensation, investment income, premium taxes, licenses, fees, assessments, and reasonable insurer profit. For the purposes of this section loss experience includes paid losses, paid loss adjustment expense, any change in case reserves, change in incurred but not reported losses, and any special considerations for catastrophe or comprehensive coverage.



     Section 5. That § 58-19-45 be amended to read as follows:

     58-19-45.   With regard to credit unemployment insurance , the basic test of the reasonableness of the relation of benefits to the premium charged shall be the development of an anticipated loss ratio of claims incurred to premiums earned of at least fifty percent. If the total current expected expenses, including acquisition expenses, exceed fifty percent of the premium dollar, this shall be considered prima facie evidence that a company intends to write credit business at a loss ratio which is not in compliance with this rule. Commissions and credit property insurance, commissions , including retrospective premium refunds, bonuses, or acquisition expenses, may not exceed forty percent. If any company is not in compliance with this rule, it shall show just cause why the premium rates as filed should not be disapproved.

     Section 6. That § 58-19-46 be amended to read as follows:

     58-19-46.   In approving or establishing the premium rates for credit unemployment insurance and credit property insurance , the department division shall review the insurance company's actuarial data to assure that the rates are fair and reasonable. The insurance commissioner director shall hire or contract with a qualified actuary to review the data. The insurance department division shall obtain reimbursement from the insurance company for the reasonable cost of the actuarial review of rates prior to approving such rates. "


Moved by:    Volesky
Action:    Failed for lack of a second

MOTION:     DO PASS HB 1037

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

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

Excused:    Bogue

MOTION:     PLACE HB 1037 ON CONSENT

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

MOTION:     ADJOURN



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

Margaret Nickels

____________________________

Committee Secretary
David R. Munson, Chair


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