74th Legislative Session -- 1999
Committee: House Commerce
Tuesday, February 2, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Brown (Jarvis)
P
Diedtrich (Elmer)
P
Fischer-Clemens
P
Koehn
P
Konold
P
Michels
P
Patterson
P
Solum
P
Sutton (Duane)
P
Wilson
P
Windhorst
P
Peterson, Vice-Chair
P
Roe, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Roe
MOTION:
TO APPROVE THE MINUTES OF January 28
Moved by:
Representative Solum
Second by:
Representative Sutton (Duane)
Action:
Prevailed by voice vote.
HB 1107:
reuse certain provisions regarding mutually binding agreements between
beer wholesalers and brewers, to revise a term relative to beer industry
relationships, and to make provisions for malt beverage brand extensions.
Proponents:
Bob Riter Jr., SD Beer Wholesalers
Dan Conkling, Self, Yankton, SD
Jim Burma, Miller Wholesalers, Sioux
Falls, SD
Opponents:
Ron Ollinger, Miller Brewing (Handouts a and b)
Presented by:
Representative Cutler, Prime Sponsor
MOTION:
AMEND HB 1107
j-1107a
On page
1
,
line
12 of the printed bill
,
delete "
by a jury
"
.
On page
3
,
line
9
,
after "
apply
"
insert "
if the wholesaler fails to comply with the written
agreement or if the
"
.
On page
3
,
line
10
,
delete "
to any
"
.
On page
3
,
line
10
,
delete "
that
"
.
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Michels
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1107
j-1107b
On page
1
,
line
12 of the printed bill
,
after "
Dakota
"
insert "
or
"
.
Moved by:
Representative Wilson
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1107 AS AMENDED
Moved by:
Representative Wilson
Second by:
Representative Peterson
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Koehn, Konold, Michels,
Patterson, Sutton (Duane), Wilson, Peterson, Roe
Voting no:
Solum, Windhorst
MOTION:
TO AMEND TITLE OF HB 1107
j-1107T
On page
1
,
line
1 of the printed bill
,
delete "
reuse
"
and insert "
revise
"
.
Moved by:
Representative Konold
Second by:
Representative Sutton (Duane)
Action:
Prevailed by voice vote.
SB 43:
remove certain licensing exemptions regarding money lenders and
mortgage lenders.
Proponents:
Ross Johnson, Division of Banking
MOTION:
DO PASS SB 43
Moved by:
Representative Solum
Second by:
Representative Sutton (Duane)
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Koehn, Konold, Michels,
Patterson, Solum, Sutton (Duane), Wilson, Windhorst, Peterson, Roe
MOTION:
PLACE SB 43 ON CONSENT
Moved by:
Representative Peterson
Second by:
Representative Diedtrich (Elmer)
Action:
Prevailed by voice vote.
SB 44:
allow collection of delinquent installments to be provided for in the
installment loan contract.
Proponents:
Dick Duncan, Division of Banking
Dean Krogman, SD Community Bankers
John Brown, Nat'l Federation of Independent Business
MOTION:
DO PASS SB 44
Moved by:
Representative Konold
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Konold, Michels, Solum,
Sutton (Duane), Wilson, Windhorst, Peterson, Roe
Voting no:
Koehn, Patterson
HB 1056:
revise certain requirements for coordination of benefits of group health
plans.
Proponents:
Darla Lyon, Division of Insurance
Randy Moses, Division of Insurance
Darla Pollman Rogers, Associated Life Underwriters
Kris Kreiter, Blue Cross Blue Shield
Dick Tieszen, State Farm Insurance
Presented by:
Representative Peterson, Prime Sponsor
MOTION:
AMEND HB 1056
j-1056
On page
1
,
line
11 of the printed bill
,
delete everything after "
expense.
"
and insert "
Expenses
that are not allowable include the following:
"
.
On page
1
,
delete line
12
.
On page
2
,
delete lines
20
to
25
, inclusive
.
On page
3
,
line
7
,
delete "
limits or
"
.
On page
3
,
line
8
,
delete "
member
"
and insert "
provider
"
.
On page
7
,
line
19
,
delete "
preferred
"
and insert "
panel
"
.
On page
8
,
delete lines
1
to
7
, inclusive
.
On page
8
,
line
17
,
delete "
is or
"
.
On page
8
,
line
18
,
delete "
or
"
.
On page
8
,
between lines
18
and
19
,
insert:
"
(3) A person is covered under another plan, except as allowed in this Act; or
"
On page
8
,
line
19
,
delete "
(3)
"
and insert "
(4)
"
.
On page
8
,
between lines
20
and
21
,
insert:
"
Nothing in this Act prohibits a plan from coordinating as a secondary payor with Medicare to
the extent allowed by federal law.
"
On page
11
,
line
4
,
delete "
and the plan of that parent has
"
.
On page
11
,
line
5
,
delete "
actual knowledge of those terms
"
.
On page
11
,
delete lines
7
to
9
, inclusive
,
and insert "
parent's spouse does, the spouse's plan is
primary;
"
.
On page
13
,
delete lines
6
to
25
, inclusive
,
and insert:
"
Section 32. That chapter 58-18A be amended by adding thereto a NEW SECTION to read as
follows:
If a plan is secondary, it shall reduce its benefits so that the total benefits paid or provided by
all plans for any claim or claims are not more than one hundred percent of total allowable expenses.
In determining the amount of a claim to be paid by the secondary plan should the plan wish to
coordinate benefits, the secondary plan shall calculate the benefits it would have paid in the absence
of other insurance and apply that calculated amount to any allowable expense under its plan that is
unpaid by the primary plan. The secondary plan may reduce its payment by any amount that, when
combined with the amount paid by the primary plan, exceeds the total allowable expense for that
claim.
"
On page
14
,
delete lines
1
to
19
, inclusive
.
On page
21
,
delete lines
20
to
25
, inclusive
.
On page
22
,
delete lines
1
to
3
, inclusive
.
On page
24
,
delete lines
18
to
21
, inclusive
,
and insert:
"
Section 57. The provisions of this Act apply to group health plans that are issued or renewed on
or after July 1, 2000.
"
.
Moved by:
Representative Michels
Second by:
Representative Wilson
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1056 AS AMENDED
Moved by:
Representative Peterson
Second by:
Representative Sutton (Duane)
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Koehn, Konold, Michels,
Patterson, Solum, Sutton (Duane), Wilson, Windhorst, Peterson, Roe
HB 1078:
revise certain provisions regarding insurance premium discounts for
persons fifty-five years of age or older who complete a safe driving course.
Proponents:
Representative Kooistra, Sponsor
Opponents:
Mike Shaw, American Family Insurance
Dick Tieszen, State Farm Insurance
MOTION:
AMEND HB 1078
j-1078
On page
1
,
line
15 of the printed bill
,
delete "
fifteen
"
and insert "
ten
"
.
Moved by:
Representative Wilson
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1078 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Konold
Second by:
Representative Koehn
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Koehn, Konold, Michels,
Patterson, Solum, Sutton (Duane), Wilson, Windhorst, Peterson, Roe
MOTION:
ADJOURN
Moved by:
Representative Sutton (Duane)
Second by:
Representative Solum
Action:
Prevailed by voice vote.
Maargaret Nickels
_________________________________
Committee Secretary
Robert A. Roe, Chair
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