75th Legislative Session -- 2000

Committee: House Commerce

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brown (Jarvis)
P      Diedtrich (Elmer)
P      Fischer-Clemens
P      Heineman
P      Koehn
P      Konold
P      Michels
P      Patterson
P      Peterson, Vice-Chair
P      Roe, Chair
E      Solum
P      Sutton (Duane)
P      Wilson

The meeting was called to order by Rep. Roe, Chair

Representative Roe, Chair, introduced the Committee Secretary, Beverly Jennings, and the LRC Staff person, Jacquelyn Storm.

MOTION:      Approve the temporary rules.

Moved by:      Representative Michels
Second by:      Representative Diedtrich (Elmer)
Action:      Prevailed by voice vote.

          HB 1020:   change the procedure in which certain industry classification codes are assigned to employers for the purposes of unemployment compensation.

Presented by:      Don Kattke, Aberdeen, Dept. of Labor

MOTION:      DO PASS HB 1020

Moved by:      Representative Brown (Jarvis)
Second by:      Representative Konold
Action:      Prevailed by roll call vote.   (12-0-1-0)

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Voting yes:      Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Koehn, Konold, Michels, Patterson, Peterson, Roe, Sutton (Duane), Wilson

Excused:      Solum

MOTION:      PLACE HB 1020 ON CONSENT

Moved by:      Representative Michels
Second by:      Representative Fischer-Clemens
Action:      Prevailed by voice vote.

          HB 1019:   revise certain provisions relating to workers' compensation managed care plans.

Presented by:      James Marsh, Pierre, Dept. of Labor

MOTION:      DO PASS HB 1019

Moved by:      Representative Sutton (Duane)
Second by:      Representative Diedtrich (Elmer)
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Koehn, Konold, Michels, Patterson, Peterson, Roe, Sutton (Duane), Wilson

Excused:      Solum

MOTION:      PLACE HB 1019 ON CONSENT

Moved by:      Representative Patterson
Second by:      Representative Diedtrich (Elmer)
Action:      Prevailed by voice vote.

          HB 1030:   define the duties of a motor carrier enforcement officer and to revise certain provisions regarding motor carrier inspectors.

Presented by:      Myron Rau, Pierre, Highway Patrol

MOTION:      DO PASS HB 1030

Moved by:      Representative Diedtrich (Elmer)
Second by:      Representative Patterson
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Koehn, Konold, Michels, Patterson, Peterson, Roe, Sutton (Duane), Wilson

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Excused:      Solum

          HB 1035:   repeal certain provisions regarding health insurance on a franchise plan.

Presented by:      Randy Moses, Pierre, Division of Insurance
Proponents:      Darla Pollman Rogers, Pierre, HIAA

MOTION:      AMEND HB 1035

1035ja

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

"
     Section  1.  That § 58-17-2.1 be amended to read as follows:

     58-17-2.1.   Health insurance on a franchise plan is hereby declared to be that form of health insurance issued to:

             (1)      Five Three or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency , or department thereof; or

             (2)      Ten or more members of any trade, occupational , or professional association, or of a labor union, or of any other association having had an active existence for at least two years where such association or union has a constitution or bylaws and is formed in good faith for purposes other than that of obtaining insurance;

     where such persons, with or without their dependents, are issued the same form of an individual policy varying only as to amounts and kinds of coverage applied for by such persons, under an arrangement whereby the premiums on such policies may be paid to the insurer periodically by the employer, with or without payroll deductions, or by the association for its members, or by some designated person acting on behalf of such employer or association or by the insured directly to the insurer, if permitted by the insurer. The term , " employees " , as used herein in this section may be deemed to include the officers, managers , and employees and retired employees of the employer and the individual proprietor or partnership.

     Section  2.  That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:
    
    Health insurance may be marketed on a franchise basis to members or employees of an employer, labor union, or association. Except as provided for by § 58-18B-2, health insurance marketed on a franchise basis may have the individual's premiums paid by the employer, labor union, or association. Marketing a policy on a franchise basis does not exempt any policy from any applicable requirement under this title except as provided in section 3 of this Act.

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     Section  3.  That § 58-33-13 be amended to read as follows:

     58-33-13.   No person shall may make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever. Violation of this section is a Class 2 misdemeanor. Nothing in this section prohibits different rates charged, or benefits payable, or different underwriting procedures used for individuals insured under a franchise plan or provided discounts based upon administrative savings or incentives for additional family members to purchase insurance. "

Moved by:      Representative Konold
Second by:      Representative Michels
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1035 AS AMENDED

Moved by:      Representative Fischer-Clemens
Second by:      Representative Patterson
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Koehn, Konold, Michels, Patterson, Peterson, Roe, Sutton (Duane), Wilson

Excused:      Solum

MOTION:      TO AMEND TITLE OF HB 1035

1035jta

     On page 1 , line 1 of the printed bill , after " to " delete " repeal " and insert " revise " .

     On page 1 , line 2 , after " plan " insert " and to allow for discounts " .

Moved by:      Representative Peterson
Second by:      Representative Koehn
Action:      Prevailed by voice vote.

          HB 1033:   define blanket insurance as group health insurance and to clarify the applicability of certain statutes to blanket policies.

Presented by:      Randy Moses, Division of Insurance, Pierre

MOTION:      DO PASS HB 1033

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Moved by:      Representative Michels
Second by:      Representative Brown (Jarvis)
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Koehn, Konold, Michels, Patterson, Peterson, Roe, Sutton (Duane), Wilson

Excused:      Solum

MOTION:      PLACE HB 1033 ON CONSENT

Moved by:      Representative Konold
Second by:      Representative Sutton (Duane)
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Representative Wilson
Second by:      Representative Sutton (Duane)
Action:      Prevailed by voice vote.

Beverly Jennings

Committee Secretary