P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Munson
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 22ND
E - Excused
A - Absent
P Bogue
P McCracken
P Sutton (Dan)
P Volesky
P Whiting
P Daugaard, Vice-Chair
P Munson, Chair
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
"
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
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
"
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:
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.
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
Margaret Nickels
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.
Committee Secretary
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