73rd Legislative Session -- 1998

Committee: House State Affairs

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Broderick
P      Brown (Richard)
P      Cutler
P      Hagg
P      Hunt
P      Jorgensen
P      Roe
P      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 6, 1998.

Moved by:      Representative Lucas
Second by:      Representative Koetzle
Action:      Prevailed by voice vote.

          HB 1142:   to allow joint ventures and other arrangements among telecommunications companies to assist in the provisioning of the South Dakota Public Communications Network Infrastructure.

Proponents:      Brian Meyer, lobbyist, SD Association of Telephone Cooperatives
          Loren Hiatt, lobbyist, AT&T

MOTION:      AMEND HB 1142

j-1142

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

"      Section  1.  It is the intent of the Legislature to encourage telecommunications companies to more efficiently meet the infrastructure deployment goal described in § §  49-31-60 to 49-31-68, inclusive, for a fully integrated SONET backbone of interconnected survivable rings. To that end, telecommunications companies may jointly provide facilities and enter into revenue-pooling arrangements between and among themselves relating to the provisioning of these facilities. Any such arrangement shall be subject to commission review and approval and, to the extent it has received such approval, may not be construed as violating any state or local laws governing unfair trade practices, antitrust, or restraint of trade. Further, it is the intent of the Legislature that any such approved arrangement shall be exempt from federal laws governing unfair trade practices, antitrust, or restraint of trade. Except with respect to such joint provisioning of facilities and revenue pooling arrangements approved by the commission, both state and federal laws governing unfair trade practices, antitrust, and restraint of trade shall apply with full force and effect. The joint provisioning of facilities within an arrangement consistent with the limited purpose described in this section may not be construed as imposing additional common carrier obligations on the participating companies. The provisions of this section may not be construed to permit any telecommunications company to take any action that is contrary to the public interest. "

Moved by:      Representative Cutler
Second by:      Representative Haley
Action:      Was not acted on.

The Chair deferred HB 1142 until Wednesday, February 11..

          HB 1160:   to revise certain provisions regarding the regulation of telecommunication companies.

Proponents:      Brian Meyer, lobbyist, SD Association of Telephone Cooperatives
          Loren Hiatt, lobbyist, AT&T
          Tom Adam, lobbyist, MCI
Opponents:      Jim Burg, Commissioner, PUC

MOTION:      AMEND HB 1160

j-1160

     On page 1 , delete lines 6 to 12 of the printed bill , inclusive .

     On page 4 , line 24 , after " transferred " insert " without commission approval " .

     On page 5 , line 11 , before " without " insert " in a service area in which it is not certified " .

     On page 5 , line 19 , delete " include a price list and " and insert " provide information " .

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     On page 5 , line 20 , delete " informational tariff " .

     On page 6 , line 6 , delete " Any grant of " and insert " In granting " .

     On page 6 , line 7 , delete " shall be subject to such " and insert " , the commission may impose " .

     On page 6 , line 7 , delete " as the " and insert " , on a competitively neutral basis, that it " .

     On page 6 , line 8 , delete " commission " .

     On page 6 , delete lines 11 to 15 , inclusive .

     On page 7 , line 1 , delete " an area served by " and insert " the service area of " .

     On page 7 , line 8 , delete everything after " distribution. " .

     On page 7 , delete lines 9 and 10 .

     On page 7 , line 11 , delete everything before " However, " .

     On page 8 , line 13 , after " transferred " insert " without commission approval " .

     On page 11 , delete lines 16 to 24 , inclusive .

     On page 12 , delete lines 1 to 5 , inclusive .

     On page 12 , delete lines 14 to 24 , inclusive .

     On page 13 , delete lines 1 to 6 , inclusive .

     On page 14 , line 24 , delete " access to and interconnection with its " and insert " interconnection, network elements, and other " .

     On page 15 , line 1 , delete " and network elements " .

     On page 15 , line 2 , delete " access and interconnection as provided for in " and insert " such interconnection and services to the extent required by " .

     On page 15 , line 4 , after " agreement " insert " for the interconnection or services requested " .

     On page 15 , delete line 5 , and insert " arbitrate any unresolved issues as provided in 47 U.S.C. §  252. " .

     On page 15 , delete lines 6 to 11 , inclusive .

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     On page 15 , delete line 12 , and insert " The provisioning of interconnection, network elements, and other telecommunications services to the extent required by 47 USC § § 251(a) to 251(c), inclusive, by a local exchange carrier pursuant to this section is not " .

     On page 15 , delete line 13 .

     On page 15 , line 15 , delete " 49-31-17 to 49-31-19, inclusive " and insert " 49-31-18 and 49-31- 19 " .

     On page 15 , line 18 , delete " are " and insert " may be " .

     On page 15 , delete lines 21 to 24 , inclusive , and insert " that are consistent with 47 U.S.C. §  251(c)(4) and that do not constitute a barrier to entry under 47 U.S.C. §  253(a). The commission may adopt rules pursuant to chapter 1-26 to implement this section. " .

     On page 16 , delete lines 1 to 5 , inclusive .

Moved by:      Representative Cutler
Second by:      Representative Koetzle
Action:      Prevailed by voice vote.

The Chair deferred HB 1160 until Wednesday, February 11.

Representative Cutler assumed the chair.

          HJR 1004:   Proposing and submitting to the electors at the next general election an amendment to Article IX, section 1, of the Constitution of the State of South Dakota, relating to the authority and responsibility of the Legislature to reorganize local government.

Opponents:      Ron Baumgart, lobbyist, Association of County Commissioners
          Gail Brock, lobbyist, Association of Towns and Townships, Huron
          Kitty Wuerthmann, self, Pierre
Presented by:      Representative Bill Peterson, prime sponsor (visual aids - maps)

MOTION:      DO PASS HJR1004

Moved by:      Representative Brown (Richard)
Second by:      Representative Lucas
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE HJR1004

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Haley

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Action:      Failed by roll call vote.   (4-7-2-0)

Voting yes:      Broderick, Haley, Koetzle, Pederson (Gordon)

Voting no:      Brown (Richard), Cutler, Hagg, Hunt, Roe, Lucas, Schaunaman

Excused:      Jorgensen, Gabriel

MOTION:      DO PASS HJR1004

Action:      Failed by roll call vote.   (6-5-2-0)

Voting yes:      Brown (Richard), Cutler, Hagg, Roe, Lucas, Schaunaman

Voting no:      Broderick, Hunt, Haley, Koetzle, Pederson (Gordon)

Excused:      Jorgensen, Gabriel

MOTION:      WITHOUT RECOMMENDATION

Moved by:      Representative Roe
Second by:      Representative Brown (Richard)
Action:      Prevailed by roll call vote.   (11-1-1-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle, Lucas, Schaunaman

Voting no:      Pederson (Gordon)

Excused:      Gabriel

Vice Chair Pederson assumed the chair.

          HB 1190:   to prohibit the contributions of political action committees to certain candidates.



MOTION:      DEFER HB 1190 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Lucas
Second by:      Representative Broderick
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon)

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Excused:      Gabriel

          HB 1291:   to extend unemployment compensation benefits for former employees of Dakota Pork, Inc., of Huron, and to declare an emergency.

Opponents:      Don Kattke, Department of Labor
Presented by:      Representative Ron Volesky, prime sponsor

MOTION:      AMEND HB 1291

o-1291

     On page 1 , delete lines 9 to 16 of the printed bill , inclusive , and insert:

"      Section 2. The unemployment compensation fund created pursuant to §  61-4-1 shall be used as the source of revenue to provide the extended benefits provided by this Act. The payment of extended benefits shall be subject to the provisions of chapter 61-6. "

Moved by:      Representative Schaunaman
Second by:      Representative Haley
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HB 1291 UNTIL Wednesday, February 11.

Moved by:      Representative Haley
Second by:      Representative Jorgensen
Action:      Prevailed by voice vote.

          HB 1294:   to provide notice and benefits to certain employees affected by plant closings and mass layoffs.

Proponents:      Paul Aylward, lobbyist, AFSCME and AFL-CIO, Huron
Opponents:      Ray Trankle, lobbyist, Industry and Commerce Association
          Jerry Wheeler, lobbyist, SD Retailers Association
Presented by:      Representative Ron Volesky, prime sponsor

MOTION:      AMEND HB 1294

f-1294

     On page 4 , line 2 of the printed bill , delete " twenty " and insert " fifty " .

Moved by:      Representative Koetzle

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Second by:      Representative Haley
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1294

o-1294

     On page 4 , line 7 of the printed bill , delete " ten " and insert " forty " .

     On page 4 , line 10 , delete " one-third " and insert " two-thirds " .

Moved by:      Representative Hagg
Second by:      Representative Broderick
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1294 AS AMENDED

Moved by:      Representative Haley
Second by:      Representative Lucas
Action:      Failed by roll call vote.   (4-8-1-0)

Voting yes:      Haley, Koetzle, Lucas, Schaunaman

Voting no:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Pederson (Gordon)

Excused:      Gabriel

MOTION:      AMEND HB 1294

o-1294

     On page 4 , line 7 of the printed bill , delete " ten " and insert " forty " .

     On page 4 , line 10 , delete " one-third " and insert " two-thirds " .

Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1294 AS AMENDED

Moved by:      Representative Hagg
Second by:      Representative Lucas
Action:      Failed by roll call vote.   (4-8-1-0)

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Voting yes:      Haley, Koetzle, Lucas, Schaunaman

Voting no:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Pederson (Gordon)

Excused:      Gabriel

MOTION:      TO TABLE HB 1294

Moved by:      Representative Jorgensen
Second by:      Representative Hunt
Action:      Prevailed by roll call vote.   (7-5-1-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Hunt, Jorgensen, Roe, Pederson (Gordon)

Voting no:      Hagg, Haley, Koetzle, Lucas, Schaunaman

Excused:      Gabriel

          HB 1305:   to provide rule-making authority to the Gaming Commission to establish the number of employees required on a premises with limited card games and slot machines.

Proponents:      Lorin Pankratz, lobbyist, Deadwood Economic Development Corporation
          Dean Krogman, lobbyist, Deadwood Gaming Association
          Larry Eliason, Gaming Commissioner
Presented by:      Representative Kay Jorgensen, prime sponsor

The Chair deferred HB 1305 until Wednesday, February 11.

          HCR 1001:   Expressing legislative intent with reference to a pilot program for West River deer license allocation and hunter access.


MOTION:      DEFER HCR1001 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Cutler
Second by:      Representative Jorgensen
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Koetzle, Lucas, Schaunaman, Pederson (Gordon)

Excused:      Haley, Gabriel

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          HB 1287:   to permit certain landowners to sponsor individual hunters in the deer license drawing and to prescribe certain conditions for such licenses.



MOTION:      DEFER HB 1287 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Jorgensen
Second by:      Representative Brown (Richard)
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Koetzle, Lucas, Schaunaman, Pederson (Gordon)

Excused:      Haley, Gabriel

          HB 1269:   to provide for a method of redemption of landowner's coupons and hunter's coupons for the harvesting of deer by hunters on certain lands, to revise certain Game, Fish and Parks Commission rules relating to trophy buck licenses, and to provide certain penalties.

Proponents:      Kay Jorgensen, chairman, sub-committee

MOTION:      AMEND HB 1269

b-1269

     Delete the previously adopted amendment r-1269e.

     On page 2 , line 18 of the printed bill , delete " increase and " .

     On page 2 , line 18 , after " access " insert " through lease agreements " .

Moved by:      Representative Jorgensen
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1269

o-1269

     On page 1 , line 7 of the printed bill , delete everything after " have " and insert " a " .

     On page 1 , delete line 8 .

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     On page 1 , line 9 , delete " one coupon " .

Moved by:      Representative Schaunaman
Second by:      Representative Lucas
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1269

o-1269a

     On page 2 , line 17 of the printed bill , delete " and hunter's coupons " .

Moved by:      Representative Schaunaman
Second by:      Representative Lucas
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1269 AS AMENDED

Moved by:      Representative Brown (Richard)
Second by:      Representative Cutler
Action:      Prevailed by roll call vote.   (10-1-2-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Koetzle, Lucas, Schaunaman, Pederson (Gordon)

Voting no:      Roe

Excused:      Haley, Gabriel

MOTION:      ADJOURN

Moved by:      Representative Lucas
Second by:      Representative Brown (Richard)
Action:      Prevailed by voice vote.

Clara Shelbourn

Committee Secretary