72nd Legislative Session -- 1997

Committee: Senate Commerce

Tuesday, February 11, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Daugaard
P      Lawler
P      Olson
P      Staggers
P      Valandra
P      Munson (David), Vice-Chair
P      Shoener, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Shoener


MOTION:      TO APPROVE THE MINUTES OF January 6, meeting.

Moved by:      Senator Munson (David)
Second by:      Senator Olson
Action:      Prevailed by voice vote.

MOTION:      REMOVE SB 149 FROM TABLE

Moved by:      Senator Staggers
Second by:      Senator Olson
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra, Munson (David), Shoener

          SB 158:   to allow the Cosmetology Commission to license nail technicians separately from other cosmetologists, to provide for a nail shop license, and to revise certain provisions concerning the Cosmetology Commission.

Proponents:      Senator Jim Thompson, Prime Sponsor
          Jackie Dahlquist, President, Cosmetology
          Pam Bolten Learn, Nevada Cosmetology
          Lois Wiskur, Costmetologist


          Valerie Miners, Costmetologist
          Rep. Jorgensen
Opponents:      Tom Poloncil, Black Hills Beauty College

MOTION:      DO PASS SB 158

Moved by:      Senator Munson (David)
Second by:      Senator Valandra
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Daugaard, Lawler, Valandra, Munson (David)

Voting no:      Olson, Staggers, Shoener

          SB 222:   to revise certain labor grievance and appeal procedures.

Proponents:      Senator Hainje, Prime Sponsor
          Lori Fossen, Atty, Sioux Falls
          Malcolm McKillop, SD School Boards
          Jack Keegan, Supt., Sioux Falls Schools
          Dick Tieszen, School Board Lobbyist
          Jim Shekleton, Board of Regents
Opponents:      Bob Stevens, SD Education Association

MOTION:      TO TABLE SB 222

Moved by:      Senator Olson
Second by:      Senator Lawler
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Daugaard, Lawler, Olson, Staggers, Valandra

Voting no:      Munson (David), Shoener

          SB 195:   to require an offer of insurance coverage for the diagnosis and treatment of biologically-based mental illness.

Proponents:      Representative Fischer-Clemens, Prime Sponsor
         
Opponents:      Bob O'Connell, Blue Cross & Blue Shield
          Dick Tieszen, State Farm Ins.
          Joe Clausius, American Family Ins.
          Randy Moses, Div of Insurance
          Ray Trankle, Industry Commerce

MOTION:      AMEND SB 195

j-195
     On page 1 , line 8 , delete " offer, in writing, " and insert " provide " .

     On page 2 , line 6 , delete " offer, in writing, " and insert " provide " .

     On page 2 , line 20 , delete " offer, " and insert " provide " .

     On page 2 , line 21 , delete " in writing, " .

     On page 3 , line 11 , delete " offer, in writing, " and insert " provide " .

     On page 4 , line 1 , delete " offer, in writing, " and insert " provide " .


Moved by:      Senator Lawler
Second by:      Senator Valandra
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Daugaard, Lawler, Valandra, Munson (David)

Voting no:      Olson, Staggers, Shoener

MOTION:      DO PASS SB 195 AS AMENDED

Moved by:      Senator Lawler
Second by:      None
Action:      Died for a lack of a second

MOTION:      TO TABLE SB 195

Moved by:      Senator Olson
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Daugaard, Olson, Staggers, Shoener

Voting no:      Lawler, Valandra, Munson (David)

          SB 208:   to revise the requirements for individual and group health insurance availability, portability, and renewability.

Proponents:      Shannon Anderson
          Joe Clausius, American Family Insurance
          David Reddick, Time Insurance



          No action was taken on SB 208, Hearing only at this time:


          SB 232:   to impose a fee on certain wireless communications devices to support telecommunications services for the deaf.

Proponents:      Senator Daugaard, Prime Sponsor
          Shelly Pfaff, SD Coalition of Citizen with Disabilities

MOTION:      AMEND SB 232

t-232
     Delete everything after the enacting clause and insert:

"      Section  1.  That § 49-31-47 be amended to read as follows:

     49-31-47.   The Department of Human Services shall establish and administer a statewide program to purchase and distribute telecommunication devices to residents of this state who are deaf, severely hearing impaired or speech impaired have disabilities that prevent them from using a telephone and establish a dual party relay system making all phases of public telecommunications service available to persons who are deaf, severely hearing impaired or speech impaired. This program may be implemented through contracts with public or private organizations that provide services to persons who are deaf , severely hearing impaired or speech impaired or persons with other severe disabilities .

     Section  2.  That § 49-31-48 be amended to read as follows:

     49-31-48.   A telecommunication device for the deaf individuals with disabilities is an electrical or mechanical device for use with a telephone that uses a keyboard, acoustic coupler, display screen or braille display to transmit and receive messages enables the individual to communicate through a telephone . A dual party relay system provides voice and teletype communication between users of telecommunication devices and other persons.

     Section  3.  That § 49-31-49 be amended to read as follows:

     49-31-49.   A telecommunication device furnished by the Department of Human Services under § §   49-31-47 to 49-31-56, inclusive, remains the property of the state. A person who receives a telecommunication device from the department under this section is liable to the department for the loss of or damage to the device. Any money collected by the department under this section shall be deposited in the telecommunication fund for the deaf from which the expenditure occurred .

     Section  4.  That § 49-31-50 be amended to read as follows:

     49-31-50.   There is created in the state treasury a special fund called the telecommunication fund for the deaf and the telecommunication fund for other disabilities for the deposit and disbursement

of money collected under §   49-31-49 and for the deposit and disbursement of the telecommunication access for the deaf access fee §  49-31-51 .

     Section  5.  That § 49-31-51 be amended to read as follows:

     49-31-51.   There is hereby imposed an access fee of fifteen cents per local exchange service line per month , fifteen cents per cellular telephone per month, and fifteen cents per radio pager device per month to pay for the program established in §   49-31-47. The access fee shall be paid by each local exchange subscriber to a local exchange service, or by each cellular telephone or radio pager service subscriber to the service provider, unless the subscriber is otherwise exempt from taxation. The access fee shall be reported as a separate line or service and collected on the regular monthly bill by each local exchange telecommunications company or other service provider operating in this state. On or before the last day of the month following each two month period, every telecommunications company providing local exchange service or other service provided specified in this section shall remit to the Department of Revenue on forms furnished by the department the amount of the access fee collected for that two month period. The secretary of revenue may grant an extension of not more than five days for filing a remittance. The Department of Revenue shall deposit ninety percent of the money received under § §   49-31-47 to 49-31-56, inclusive, into the telecommunications telecommunication fund for the deaf and ten percent in the telecommunication fund for other disabilities .

     Section  6.  That § 49-31-56 be amended to read as follows:

     49-31-56.   Expenditures authorized by § §   49-31-47 to 49-31-56, inclusive, shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the department of human services. Expenditure for services for individuals who have deafness, deaf blindness, hearing impairments, and speech impediments and expenditures for the dual party relay service shall be paid from the telecommunication fund for the deaf. Expenditure for services for individuals with all other disabilities shall be paid from the telecommunication fund for other disabilities. "



Moved by:      Senator Olson
Second by:      Senator Lawler
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 232 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Lawler
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Daugaard, Lawler, Olson, Valandra, Munson (David), Shoener

Voting no:      Staggers

MOTION:      TO AMEND TITLE OF SB 232

t-232t
     On page 1 , line 2 , after " deaf " insert " and for persons with other disabilities " .


Moved by:      Senator Olson
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          SB 236:   to establish a program to provide a television access program for persons who are deaf and hard of hearing.

Proponents:      Senator Daugaard
          Ben Soukup, Rep for the Deaf
        Phil Bravin, Commision on Services for the Deaf
          Larry Puthoff,SCD
        Jane Sauhrada, SDAD
          Kevin Barber, SSD
Opponents:      Steve Duffy, SD Cable TV Assn.
          Brent Wilbur, Cable TV Assn.
          Steven Willard, SD Broadcasters Assn.

MOTION:      DO PASS SB 236

Moved by:      Senator Daugaard
Second by:      Senator Valandra
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Daugaard, Lawler, Valandra, Munson (David), Shoener

Voting no:      Olson, Staggers

MOTION:      ADJOURN

Moved by:      Senator Munson (David)
Second by:      Senator Lawler
Action:      Prevailed by voice vote.



Doris J. Donner

_________________________________

Committee Secretary
Jerry J. Shoener, Chair


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