73rd Legislative Session -- 1998
Committee: Senate State Affairs
Friday, February 20, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Dunn (Jim)
P
Everist
P
Munson (David)
P
Dunn (Rebecca)
P
Hunhoff
P
Lawler
P
Whiting
P
Rounds, Vice-Chair
P
Halverson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Halverson.
MOTION:
TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 18, 1998.
Moved by:
Senator Dunn (Jim)
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
HB 1168:
to clarify certain provisions concerning the right of a party to request a
different hearing examiner in contested cases.
Proponents:
Representative deHueck, Prime Sponsor, with rebuttal
Opponents:
Paul Kinsmen, Bureau of Administration
MOTION:
AMEND HB 1168
r-1168a
On page
1
,
line
6 of the House engrossed bill
,
delete "
No later than ten days prior to the
contested case hearing,
"
and insert "
Within five days after the appointment of a hearing examiner
in any contested case, except for cases arising under Title 61
"
.
On page
1
,
after line
9
,
insert:
"
Section 2. That chapter 1-26 be amended by adding thereto a NEW SECTION to read as follows:
Notwithstanding any other provision of law, any agency's contested cases may be tried by a
hearing examiner appointed by the agency. The hearing examiner, after hearing the evidence in the
matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The
agency may accept, reject, or modify said findings and conclusions, and decisions, and an appeal
may be taken therefrom.
"
Moved by:
Senator Rounds
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
MOTION:
AMEND THE AMENDMENT
o-1168
On the House engrossed bill,
delete everything after the enacting clause and insert:
"
Section 1. That chapter 1-26 be amended by adding thereto a NEW SECTION to read as follows:
Notwithstanding any other provision of law, any agency's contested cases may be tried by a
hearing examiner appointed by the agency. The hearing examiner, after hearing the evidence in the
matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The
agency may accept, reject, or modify said findings and conclusions, and decisions, and an appeal
may be taken therefrom.
"
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF HB 1168
o-1168t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
establish certain
provisions regarding the appointment and responsibility of hearing examiners in contested cases.
"
.
On page
1
,
delete line
2
.
Moved by:
Senator Rounds
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1168 AS AMENDED
Moved by:
Senator Rounds
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting,
Rounds, Halverson
MOTION:
SUSPEND RULES TO CONSIDER CONSENT CALENDAR IN COMMITTEE
REGARDING CONFIRMATIONS AND
DO ADVISE AND CONSENT TO THE CONFIRMATION OF THE
APPOINTMENTS OF:
Dennis E . Wagner, Minnehaha County, Sioux Falls, South Dakota to the South
Dakota Lottery Commission
Dennis D. Krsnak, Pennington County, Rapid City, South Dakota Assistant
Adjutant General, Army
Nancy K. Gunner, Bennett County, Martin, South Dakota to the South Dakota
Lottery Commission
Joe Lien, Brown County, Aberdeen, South Dakota to the South Dakota Building
Authority
Moved by:
Senator Dunn (Jim)
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting,
Halverson
Excused:
Rounds
HB 1315:
to revise certain provisions relating to comparative negligence.
Proponents:
Representative Hagg, Rebuttal
Mike Binger, State Court Administrator
Opponents:
Bob Riter, State Director of Federated Independant Business
Ron Olinger, SD Retailers Assn, Hand-Out
Dave Gerdes, SD Electric Utilities and SD Medical Assn
Dick Tieszen, Legal Counsel for Associated School Boards
Dan Nelson, Sioux Falls Area Chamber of Commerce
COMMENTS: Dick Gregerson, SD Assn of Industry and Commerce
Tom Barnett, State Bar Assn
MOTION:
TO TABLE HB 1315
Moved by:
Senator Dunn (Jim)
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(5-4-0-0)
Voting yes:
Dunn (Jim), Munson (David), Lawler, Rounds, Halverson
Voting no:
Everist, Dunn (Rebecca), Hunhoff, Whiting
HB 1142:
to revise certain provisions regarding the regulation of
telecommunication companies and telecommunication services.
Proponents:
Jeremiah Murphy, US West
Larry Toll, US West
Opponents:
Loren Hiatt, AT&T, Lincoln, NB
MOTION:
AMEND HB 1142
o-1142e
On page
2
,
after line
20 of the House engrossed bill
,
insert:
"
Section 5. Nothing in this Act exempts any telecommunications company from any state or federal
antitrust laws.
"
Moved by:
Senator Whiting
Second by:
Senator Everist
Action:
Prevailed by voice vote.
The Chair deferred HB 1142 until Monday, February 23.1998..
HB 1160:
to revise certain provisions regarding the regulation of
telecommunication companies.
Proponents:
Representative Gabriel
Brian Meyer, SD Associated Telephone Coops
Rich Coit, Director Independent Telephone Coops
Warren May, McLeod, mentioned that MCI agreed
Loren Hiatt, AT&T
Jim Burg, PUC
Opponents:
Tom Hertz, Chief Executive Officer of Telephone Communications Group, Irene
(DTG)
The Chair deferred HB 1160 until Monday, February 23, 1998..
MOTION:
RECONSIDER HB 1168
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(6-1-2-0)
Voting yes:
Everist, Munson (David), Dunn (Rebecca), Lawler, Whiting, Halverson
Voting no:
Dunn (Jim)
Excused:
Hunhoff, Rounds
The Chair deferred HB 1168 until Monday, February 23, 1998..
MOTION:
ADJOURN
Moved by:
Senator Dunn (Jim)
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
Alma Matzen
_________________________________
Committee Secretary
Harold W. Halverson, Chair
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