73rd Legislative Session -- 1998
Committee: House State Affairs
Friday, February 6, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Broderick
P
Brown (Richard)
P
Cutler
E
Hagg
P
Hunt
P
Jorgensen
P
Roe
E
Haley
P
Koetzle
P
Lucas
P
Schaunaman
P
Pederson (Gordon), Vice-Chair
E
Gabriel, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Vice Chair Gordon Pederson.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 4, 1998.
Moved by:
Representative Brown (Richard)
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
HB 1190:
to prohibit the contributions of political action committees to certain
candidates.
Presented by:
Representative Ron Volesky, prime sponsor
The Vice Chair deferred HB 1190 until Monday, February 9, 1998.
HB 1191:
to limit the contributions of political parties to certain candidates.
Presented by:
Representative Ron Volesky, prime sponsor
MOTION:
DO PASS HB 1191
Moved by:
Representative Lucas
Second by:
Representative Koetzle
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1191 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Cutler
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(7-3-3-0)
Voting yes:
Broderick, Brown (Richard), Cutler, Hunt, Jorgensen, Roe, Pederson (Gordon)
Voting no:
Koetzle, Lucas, Schaunaman
Excused:
Hagg, Haley, Gabriel
HB 1192:
to require legislative candidates to file a preelection campaign finance
report.
Proponents:
Curt Pochardt, self, Rapid City
Presented by:
Representative Ron Volesky, prime sponsor
MOTION:
AMEND HB 1192
o-1192
On page
2
,
after line
24 of the printed bill
,
insert:
"
Section 3. That chapter 12-25 be amended by adding thereto a NEW SECTION to read as
follows:
In addition to the information required by
§
12-25-13, the statement shall itemize all
contributions received at any fund-raising event including the amount of any contribution and the
name, residence address, and place of employment of the person who made the contribution.
"
Moved by:
Representative Schaunaman
Second by:
Representative Lucas
Action:
Failed by show of hands.
MOTION:
TO TABLE HB 1192
Moved by:
Representative Jorgensen
Second by:
Representative Roe
Action:
Prevailed by roll call vote.
(9-1-3-0)
Voting yes:
Broderick, Brown (Richard), Cutler, Hunt, Jorgensen, Roe, Lucas, Schaunaman,
Pederson (Gordon)
Voting no:
Koetzle
Excused:
Hagg, Haley, Gabriel
HCR 1005:
Requesting the Congress of the United States to pass legislation
providing election campaign finance reform.
Comments by:
Representative Robert Weber
Presented by:
Representative Larry Lucas, prime sponsor (handout 1)
MOTION:
DEFER HCR1005 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Cutler
Second by:
Representative Jorgensen
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HCR1005
t-c1005
On page
143
,
delete lines
18
to
30 of the House Journal
, inclusive
,
and insert:
"
WHEREAS,
expenditures for campaigns for federal candidates have been rising each election
year; and
WHEREAS,
in the 1996 elections, federal candidates accepted and solicited campaign
donations from foreign nationals and foreign governments, which is in clear violation of current
federal election law; and
WHEREAS,
the continued abuse of federal campaign election laws tarnishes the idea of
ethical fair government and helps fuel voter apathy; and
WHEREAS,
the United States Supreme Court has ruled that political contributions represent
a form of free speech and as such are guaranteed by the First Amendment of the United States
Constitution; and
WHEREAS,
the preservation of a United States citizen's right to criticize those who govern
us and our governing institutions through political donations should not be infringed upon by any
level of government; and
WHEREAS,
the Congress should pass meaningful campaign finance reform to help restore
voter confidence in our federal process:
NOW, THEREFORE, BE IT RESOLVED,
by the House of Representatives of the Seventy-
third Legislature of the State of South Dakota, the Senate concurring therein, that the Congress of
the United States is urged to pass campaign election finance reform which should encompass the
following principles:
(1) There should be full and prompt disclosure of any type of political donations made to an
individual candidate, an individual's election committee, or the candidate's political action
committee in such a time prior to the general election so that a voter will know who is
supporting a particular candidate;
(2) Political contributions are and should remain constitutionally protected forms of free
speech;
(3) No member of a union or stockholder or employee of a business should be forced to give
compulsory contributions as part of their dues or paychecks without first providing annual
detailed written permission; and
(4) Contributions from foreign governments and foreign nationals must be guarded against
to ensure that current federal election laws are not violated; and
Be it further resolved, that the Attorney General and the Department of Justice and its
investigatory organs aggressively and impartially investigate allegations that federal candidates
violated election laws during the 1996 elections, such as receiving money from foreign governments
or foreign nationals, and soliciting campaign contributions while on federal property; and
Be it further resolved, that the Federal Elections Commission should increase its efforts to
ensure that all candidates comply with existing federal campaign election laws and aggressively
prosecute any candidate who violates these laws.
"
On page
144
,
delete lines
1
to
15
, inclusive
.
Moved by:
Representative Broderick
Second by:
Representative Cutler
Action:
Prevailed by voice vote.
MOTION:
ADOPT RESOLUTION HCR1005 AS AMENDED
Moved by:
Representative Cutler
Second by:
Representative Brown (Richard)
Action:
Prevailed by roll call vote.
(8-2-3-0)
Voting yes:
Broderick, Brown (Richard), Cutler, Hunt, Jorgensen, Roe, Lucas, Pederson
(Gordon)
Voting no:
Koetzle, Schaunaman
Excused:
Hagg, Haley, Gabriel
HB 1180:
to place a time limitation on the acceptance and solicitation of certain
campaign funds by candidates for legislative office.
Presented by:
Representative Larry Lucas, prime sponsor
MOTION:
DEFER HB 1180 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Broderick
Second by:
Representative Cutler
Action:
Prevailed by roll call vote.
(8-2-3-0)
Voting yes:
Broderick, Brown (Richard), Cutler, Hunt, Jorgensen, Roe, Schaunaman, Pederson
(Gordon)
Voting no:
Koetzle, Lucas
Excused:
Hagg, Haley, Gabriel
HJR 1008:
Proposing and submitting to the electors at the next general election an
amendment to Article III, section 6 of the Constitution of the State of South
Dakota, relating to four-year legislative terms and legislative term limits.
Comments by: Chris Nelson, Secretary of State's Office
Presented by:
Representative Burdette Solum, prime sponsor
MOTION:
AMEND HJR1008
r-j1008
On page
1
,
line
15
,
overstrike "
five cents for every mile of
"
and insert "
mileage for
"
.
Moved by:
Representative Brown (Richard)
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
AMEND HJR1008
o-j1008
On page
2
,
line
5 of the printed resolution
,
remove the overstrikes from "
1993
"
.
On page
2
,
line
5
,
delete "
2001
"
.
Moved by:
Representative Lucas
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
DO PASS HJR1008 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(7-3-3-0)
Voting yes:
Broderick, Brown (Richard), Hunt, Roe, Koetzle, Lucas, Pederson (Gordon)
Voting no:
Cutler, Jorgensen, Schaunaman
Excused:
Hagg, Haley, Gabriel
HB 1173:
to revise the procedures to confirm a change of designated
telecommunications companies.
Testimony was taken at an earlier meeting.
MOTION:
RECONSIDER THE VOTE BY WHICH HB 1173 LOST
Moved by:
Representative Hunt
Second by:
Representative Brown (Richard)
Action:
Prevailed by roll call vote.
(10-0-3-0)
Voting yes:
Broderick, Brown (Richard), Cutler, Hunt, Jorgensen, Roe, Koetzle, Lucas,
Schaunaman, Pederson (Gordon)
Excused:
Hagg, Haley, Gabriel
MOTION:
TO TAKE ACTION ON HB 1173 IN TODAY'S MEETING.
Moved by:
Representative Hunt
Second by:
Representative Jorgensen
Action:
Prevailed by roll call vote.
(10-0-3-0)
Voting yes:
Broderick, Brown (Richard), Cutler, Hunt, Jorgensen, Roe, Koetzle, Lucas,
Schaunaman, Pederson (Gordon)
Excused:
Hagg, Haley, Gabriel
Comments by: Bob Sahr, lobbyist, MCI.
MOTION:
AMEND HB 1173
o-1173
On page
1
,
line
7 of the printed bill
,
remove the overstrikes from "
written
"
.
On page
1
,
line
7
,
overstrike "
of
"
and insert "
in the form of a letter of agency from
"
.
On page
1
,
line
7
,
delete "
in conformity with the
"
and insert "
or confirmation by a third-party
verification company. The third-party verification company shall meet each of the following criteria:
(1) Be independent of the telecommunications company that seeks to provide the consumer's
new service;
(2) Not be directly managed, controlled, or directed, or owned wholly or in part, by the
telecommunications company that seeks to provide the consumer's new service;
(3) Operate from facilities physically separate from those of the telecommunications
company that seeks to provide the consumer's new service; and
(4) Not derive commissions or compensation based upon the number of sales confirmed.
The telecommunications company that seeks to provide the consumer's new service shall
connect the consumer by telephone to the third-party verification company or shall arrange for the
third-party verification company to call the consumer to confirm the change. The third-party
verification company shall obtain the consumer's oral confirmation regarding the change and shall
record that confirmation. The record shall include the information requested by the third-party
verification company and the consumer's responses. The third-party verification company shall retain
that record for twelve months. The record shall be available to the Public Utilities Commission and
to the consumer at no cost. No information obtained from the consumer may be used for marketing
purposes. If the telecommunications company or a third-party verification company acting on its
behalf fails to comply with these third-party verification provisions, the Public Utilities Commission
may revoke the telecommunication company's certificate of authority and may impose a civil fine
of not less than two hundred dollars nor more than one thousand dollars for each offense.
"
.
On page
1
,
delete line
8
.
Moved by:
Representative Hunt
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1173 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Cutler
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1173 UNTIL MONDAY, FEBRUARY 9,
1998.
Moved by:
Representative Brown (Richard)
Second by:
Representative Lucas
Action:
Failed by voice vote.
MOTION:
DO PASS HB 1173 AS AMENDED
Action:
Prevailed by roll call vote.
(9-1-3-0)
Voting yes:
Broderick, Cutler, Hunt, Jorgensen, Roe, Koetzle, Lucas, Schaunaman, Pederson
(Gordon)
Voting no:
Brown (Richard)
Excused:
Hagg, Haley, Gabriel
MOTION:
ADJOURN
Moved by:
Representative Lucas
Second by:
Representative Cutler
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary Gordon Pederson, Vice Chair
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