74th Legislative Session -- 1999

Committee: House State Affairs

Monday, February 22, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brown (Richard)
P      Eccarius
P      Fischer-Clemens
P      Haley
P      Hunt
P      Jaspers
P      Koetzle
P      Koskan
P      Lucas
P      Roe
P      Smidt
P      McNenny, Vice-Chair
P      Cutler, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Steve Cutler.


MOTION:      TO APPROVE THE MINUTES OF February 19, 1999.

Moved by:      Representative McNenny
Second by:      Representative Koskan
Action:      Prevailed by voice vote.

          SB 239:   revise certain provisions regarding telecommunications services.

Presented by:      Dave Knudson, Governor's Office

MOTION:      DO PASS SB 239

Moved by:      Representative Roe
Second by:      Representative Lucas
Action:      Prevailed by roll call vote.   (13-0-0-0)


Voting yes:      Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koetzle, Koskan, Lucas, Roe, Smidt, McNenny, Cutler

          SB 149:   require the establishment of a cost recovery method or mechanism for telecommunication companies to recover the cost of certain mandated services.

Proponents:      Larry Toll, lobbyist, US West, Sioux Falls
Opponents:      Rolayne Wiest, Public Utilities Commission
          Dave Gerdes, lobbyist, Midco Communications
          Brian Meyer, lobbyist, SD Association of Telephone Cooperatives
Presented by:      Representative Steve Cutler, sponsor

MOTION:      AMEND SB 149

r-149c

     On page 1 , after line 11 of the Senate engrossed bill , insert:

"     This section does not apply to:

             (1)    Costs of investment or expense incurred to extend or modify a network to provide for interconnection, collocation, network access or the sale of unbundled network elements (unless such costs are identifiable and specific to a particular end-user customer); or

             (2)    Costs of investment or expense incurred to provide wholesale services to another telecommunications company under the federal act; or

             (3)    Costs of investment or expense incurred to remedy discriminatory or unequal treatment found to exist either by the commission or an arbitrator for wholesale services provided to another telecommunications company; or

             (4)    Costs of investment or expense that are otherwise recoverable pursuant to federal law or other state law. "


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

The Chair deferred SB 149 and pending amendment until Wednesday, February 24, 1999.

          SB 120:   authorize REDI fund loans for certain value-added agricultural projects and activities.

Presented by:      Senator Mel Olson, prime sponsor

The Chair deferred SB 120 until Wednesday, February 24, 1999.

          SCR 8:   Expressing opposition to the proposed merger between Cargill, Incorporated and Continental Grain Corporation.

Presented by:      Representative Paul Dennert, prime sponsor

MOTION:      AMEND SCR8

o-c8b

     On page 354 , line 29 of the Senate Journal , delete " and to place a moratorium on " and insert " . " .

     On page 354 , delete lines 30 and 31 .


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

MOTION:      AMEND THE AMENDMENT

o-c8c

     On page 354 , line 27 of the Senate Journal , delete " investigate " and insert " oppose " .
    
     On page 354 , line 28 , after " for " insert " reasons of " .

     On page 354 , line 29 , delete " other " .


Moved by:      Representative Jaspers
Second by:      Representative Koskan
Action:      Failed by show of hands (6-7).

MOTION:      SUBSTITUTE MOTION AMEND SCR8

o-c8d

     On page 354 , line 10 of the Senate Journal , delete " , as well as an increasing degree of concentration " and insert " ; and " .

     On page 354 , delete lines 11 and 12 .

     On page 354 , line 21 , delete " ; and " and insert " : " .

     On page 354 , delete lines 22 and 23 .

     On page 354 , line 29 , delete " and to place a moratorium on " and insert " . " .

     On page 354 , delete lines 30 and 31 .


Moved by:      Representative McNenny
Second by:      Representative Roe
Action:      Prevailed by voice vote.

MOTION:      AMEND SCR8

o-c8

     On page 354 , line 5 of the Senate Journal , delete " opposition to " and insert " support of the investigation into " .


Moved by:      Representative Roe
Second by:      Representative Brown (Richard)
Action:      Failed by voice vote.

MOTION:      AMEND SCR8

o-c8a

     On page 354 , line 7 of the Senate Journal , delete " Livestock Producers " and insert " livestock and grain producers " .


Moved by:      Representative Hunt
Second by:      Representative Koskan
Action:      Prevailed by voice vote.

MOTION:      THAT SCR8 BE CONCURRED IN AS AMENDED

Moved by:      Representative Lucas
Second by:      Representative Jaspers
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koetzle, Koskan, Lucas, Roe, Smidt, McNenny, Cutler

          SB 65:   codify the legislation passed in 1998.

Opponents:      Darla Pollmann-Rogers, lobbyist, SD Telephone Association

MOTION:      DO PASS SB 65

Moved by:      Representative Jaspers
Second by:      Representative Hunt
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koetzle, Koskan, Lucas, Roe, Smidt, McNenny, Cutler

          SB 28:   establish escrow funds to pay claims brought against tobacco product manufacturers.

The Chair deferred SB 28 until Wednesday, February 24, 1999.

          SB 151:   revise certain provisions regarding the prices for residential and business local exchange service that may be charged by certain telecommunications companies.

The Chair deferred SB 151 until Wednesday, February 24, 1999.

MOTION:      ADJOURN

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



Clara Shelbourn                        _________________________________
Committee Secretary

Steve Cutler, Chair


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