2008 Legislative Session _ 2008

Committee: Senate State Affairs
Wednesday, January 30, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Hanson (Gary)
P    Heidepriem
P    Knudson
P    McCracken
P    Nesselhuf
P    Olson (Ed)
P    Gray, Vice-Chair
P    Dempster, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Tom Dempster, Chair.

MOTION:     TO APPROVE THE MINUTES OF MONDAY, JANUARY 29, 2008

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

        
SB 143: revise certain provisions regarding collection and administration of the 911 emergency surcharge and operation of 911 services.

Presented by:    Senator Bob Gray
Proponents:    Bob Wilcox, SD Assoc. Of County Commissioners
        Tom Dravland, Department of Public Safety (Document #1, #2)
        Yvonne Taylor, SD Municipal League
        Ted Rufledt, Jr., Dakota Chapter of NENA (National Emergency Number Association)
        Greg Dean, SD Telecommunications Association


        Jeff Carmon, Quest Corporation
        Dennis Duncan, Tracfone Wireless, Inc.
        Dennis Duncan, Verizon Wireless
        Dean Krogman, American Heart Association
        Representative Bob Faehn
Opponents:    Shawn Lyons, SD Retailers Association (Document #3, #4)
        David Owen, SD Chamber of Commerce & Industry

MOTION:     AMEND SB 143

143oc
On page 4, line 5, of the printed bill, remove the overstrikes from both " wireless ".

On page 5, line 2, before " ; " insert " . The retail sale of prepaid wireless telecommunications service constitutes the sale of telecommunications service for the purposes of the surcharge imposed by this chapter ".

On page 5, line 11, after " services " insert " and includes the retail sale of prepaid wireless telecommunications service ".

On page 6, line 18, delete " person selling any " and insert " seller of ".

On page 7, delete lines 5 to 9, inclusive, and insert:

" required to be collected are to shall be remitted to the governing body quarterly. The amount of the charge collected in one calendar quarter by the local exchange access company shall be remitted to the governing body no later for telecommunications service billed to service users monthly and to the Department of Revenue and Regulation for prepaid telecommunications service sold in the state on a return required by the Department of Revenue and Regulation. Not more than thirty".

On page 9, line 15, delete everything after " (3) " and insert " Two representatives who are South Dakota telecommunications service providers; ".

On page 11, line 10, overstrike "coordinated" and insert " uniform ".

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


MOTION:     AMEND

143od

     In the previously adopted amendment (143oc), delete the instruction for page 6, line 18, and insert the following instruction:

     On page 6, line 18, delete " person selling " and insert " service provider providing ".

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

After the bill was amended, Dennis Duncan, Tracfone Wireless, Inc., opposed the bill.

MOTION:     DO PASS SB 143 AS AMENDED

Moved by:    Abdallah
Second by:    McCracken
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Gray, Dempster

        
SB 40: establish certain requirements regarding the separation and protection of a gas and electric public utility's assets.

Presented by:    Gary Hanson, Public Utilities Commission
Proponents:    Dave Gerdes, SD Electric Utility Companies

MOTION:     AMEND SB 40

40ob

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

"
     Section 1. That chapter 49-34A be amended by adding thereto a NEW SECTION to read as follows:

     Unless the commission otherwise orders:

             (1)    A public utility shall hold all owned or operated public utility assets in one or more legal entities separate and segregated from the legal entities of any nonutility subsidiaries or affiliates;

             (2)    All secured debt of a public utility may be used only for public utility purposes. If more than twenty percent of a public utility's secured assets are divested, the debt shall follow the assets or be retired in the same proportion as the divested assets; and

             (3)    No public utility may extend credit to any of its nonutility subsidiaries or affiliates, pledge the assets of the public utility as collateral for the use or benefit of any of its nonutility subsidiaries or affiliates, or guarantee any debt or obligations of any of its nonutility subsidiaries or affiliates.

     Any public utility which does not comply with the provisions of this Act shall have two years within which to become compliant. Notwithstanding any provision of this Act, after notice and opportunity for hearing, the commission may grant a waiver of any provision of this Act if the commission finds a waiver would not pose an undue risk to the operation of the public utility and is in the public interest."

Moved by:    McCracken
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 40 AS AMENDED

Moved by:    Olson (Ed)
Second by:    McCracken
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Dempster

Excused:    Gray

        
SB 186: revise certain provisions regarding public records and public meetings.

Presented by:    Senator Dave Knudson (Document #5, #6)
Proponents:    Larry Long, Attorney General
        Yvonne Taylor, SD Municipal League
        Chuck Schroyer, SD Land Title Association (Document #7)
        Mitch LaFleur, self, Rapid City


        Neil Fulton, Governor's Office
        Jim Shekleton, SD Board of Regents (Document #8, #9)
        Bob Mercer, self, Pierre

THE CHAIR DEFERRED SB 186 UNTIL WEDNESDAY, FEBRUARY 6, 2008

        
SB 189: revise certain provisions regarding public records and the accessibility of public records.

Presented by:    Senator Nancy Turbak Berry

THE CHAIR DEFERRED SB 189 UNTIL WEDNESDAY, FEBRUARY 6, 2008

MOTION:     ADJOURN

Moved by:    Olson (Ed)
Second by:    McCracken
Action:    Prevailed by voice vote.

Nancy Bloom

____________________________

Committee Secretary
Thomas A. Dempster, Chair


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