73rd Legislative Session -- 1998
Committee: Senate State Affairs
Monday, February 23, 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 FRIDAY, FEBRUARY 20, 1998.
Moved by:
Senator Lawler
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
SCR 5:
Urging the Congress of the United States to pass legislation reauthorizing
the federal highway program by May 1, 1998.
Proponents:
Jim Keyes, Association of General Contractors and Highway Users Assn, Hand-
Out
Bob Sutton, SD Petroleum Council
Mike Durick, Department of Transportation
MOTION:
ADOPT RESOLUTION SCR5
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(7-0-2-0)
Voting yes:
Dunn (Jim), Munson (David), Hunhoff, Lawler, Whiting, Rounds, Halverson
Excused:
Everist, Dunn (Rebecca)
MOTION:
PLACE SCR5 ON CONSENT CALENDAR
Moved by:
Senator Lawler
Second by:
Senator Hunhoff
Action:
Prevailed by voice vote.
SCR 6:
Endorsing the We the People . . . Project Citizen Program.
Proponents:
Senator Kloucek, Prime Sponsor
MOTION:
ADOPT RESOLUTION SCR6
Moved by:
Senator Lawler
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Hunhoff, Lawler, Whiting, Rounds,
Halverson
Excused:
Dunn (Rebecca)
MOTION:
PLACE SCR6 ON CONSENT CALENDAR
Moved by:
Senator Lawler
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
HB 1142:
to revise certain provisions regarding the regulation of
telecommunication companies and telecommunication services.
Proponents:
Larry Toll, US West
Loren Hiatt, AT&T
Tom Adam, MCI
Speaking to amendments
Clarifications by Jim Burg, PUC
MOTION:
AMEND HB 1142
r-1142
On page
1
,
line
10 of the House engrossed bill
,
delete "
except section 3 of this Act,
"
.
On page
2
,
line
12
,
after "
company.
"
insert "
If the telecommunications company reduces its
rates, it may not subsequently increase its rates to the prior level.
"
.
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND HB 1142
o-1142f
On page
1
,
line
10 of the House engrossed bill
,
delete "
except section 3 of this Act,
"
.
On page
2
,
line
12
,
after "
company.
"
insert "
If the telecommunications company reduces its rates
pursuant to this section, it may not subsequently increase its rates to the prior level.
"
.
Moved by:
Senator Everist
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1142
o-1142g
In the last sentence of the previously adopted amendment for the House engrossed bill,
delete
"
its
"
and insert "
such
"
, and delete "to the prior level".
Also, in the last sentence of the previously adopted amendment,
delete "
section
"
and insert "
Act
"
.
Moved by:
Senator Whiting
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1142 AS AMENDED
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(5-3-1-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Rounds, Halverson
Voting no:
Hunhoff, Lawler, Whiting
Excused:
Dunn (Rebecca)
HB 1160:
to revise certain provisions regarding the regulation of
telecommunication companies.
Proponents:
Brian Meyer, SD Association of Telephone Coops
Representative Gabriel
MOTION:
AMEND HB 1160
o-1160b
On page
6
,
line
16 of the House State Affairs committee engrossed bill
,
after "
47 U.S.C.
§
214(e)
"
insert "
(1)
"
.
On page
6
,
line
16
,
after "
1998
"
insert "
within a geographic area as determined by the
commission
"
.
On page
6
,
line
17
,
after "
47 U.S.C.
§
214(e)
"
insert "
(1)
"
.
On page
6
,
line
24
,
delete "
clear and convincing
"
and insert "
a preponderance of the
"
.
Moved by:
Senator Rounds
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1160 AS AMENDED
Moved by:
Senator Whiting
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(8-1-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Whiting,
Rounds, Halverson
Voting no:
Lawler
VICE-CHAIR ROUNDS PRESIDED BRIEFLY DURING HB 1160
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
MOTION:
DEFER HB 1168 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(5-4-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Whiting, Halverson
Voting no:
Dunn (Rebecca), Hunhoff, Lawler, Rounds
HB 1097:
to revise certain provisions relating to appeal rights for state employees.
Proponents:
Representative deHueck, Prime Sponsor
MOTION:
AMEND HB 1097
o-1097
On the Senate Judiciary committee engrossed bill,
delete everything after the enacting clause and
insert:
"
Section 1. That chapter 3-12A be amended by adding thereto a NEW SECTION to read as
follows:
Any adverse decision under chapter 3-12A shall include a notice to the employee of the appeal
rights and procedure for the employee.
"
Moved by:
Senator Whiting
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF HB 1097
o-1097t
On page
1
,
line
1 of the Senate Judiciary committee engrossed bill
,
delete "
the Office of
Hearing
"
and insert "
appeal rights for state employees.
"
.
On page
1
,
delete line
2
.
Moved by:
Senator Everist
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
Clarifications by Sandy Zinter, Department of Personnel
MOTION:
DO PASS HB 1097 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:
PLACE HB 1097 ON CONSENT CALENDAR
Moved by:
Senator Lawler
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
REMOVE HB 1315 FROM TABLE
Moved by:
Senator Rounds
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(8-1-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting,
Rounds
Voting no:
Halverson
HB 1315:
to revise certain provisions relating to comparative negligence.
Proponents:
Representative Hagg
Tom Barnett, State Bar of SD
Dave Gerdes, SD Medical Assn
Dick Tieszen, State Farm Insurance Companies and Associated School Boards
Bob Freiberg, SD Trial Lawyers
Bob Riter, SD Defense Lawyers Assn
MOTION:
AMEND HB 1315
f-1315
On the House engrossed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That
§
20-9-2
be amended to read as follows:
20-9-2.
In all actions brought to recover damages for injuries to a person or to
his
that person's
property caused by the negligence of another, the fact that the plaintiff may have been guilty of
contributory negligence
shall
does
not bar a recovery when the contributory negligence of the
plaintiff was slight in comparison with the negligence of the defendant, but in such case, the
damages shall be reduced in proportion to the amount of plaintiff's contributory negligence.
Notwithstanding Woods vs. City of Crooks, 559 N.W.2d 558 (SD 1997), the determination of
whether the contributory negligence of the plaintiff was slight in comparison with the negligence of
the defendant shall be made without disclosing any determination of percentage of plaintiff's fault
by special interrogatory.
"
Moved by:
Senator Lawler
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1315 AS AMENDED
Moved by:
Senator Lawler
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:
PLACE HB 1315 ON CONSENT CALENDAR
Moved by:
Senator Lawler
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
CHAIRMAN HALVERSON THANKED THE COMMITTEE FOR THEIR HARD
WORK DURING THIS SESSION AND ADJOURNED THE MEETING.
Alma Matzen
_________________________________
Committee Secretary
Harold W. Halverson, Chair
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