74th Legislative Session -- 1999

Committee: House State Affairs

                                            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 22, 1999.

Moved by:      Representative Roe
Second by:      Representative Fischer-Clemens
Action:      Prevailed by voice vote.

          SB 191:   designate kuchen as the official state dessert.

Proponents:      Nina Kunz, self, Eureka
          Representative Al Waltman, self
          Sherlock Hirning, self, Eureka (handout 1)
          Representative Elmer Diedtrich
Opponents:      Senator Frank Kloucek
Presented by:      Senator Jim Lawler, prime sponsor

MOTION:      DO PASS SB 191

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Moved by:      Representative Haley
Second by:      Representative Fischer-Clemens
Action:      Prevailed by roll call vote.   (12-1-0-0)

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

Voting no:      Koskan

          SB 211:   revise certain provisions relating to workers' compensation.

Proponents:      Ron Wheeler, Governor's Office of Economic Development (handouts 2 and 3)
          Dr. Mary Carpenter, self, Winner
          Dr. Wayne Anderson, self, Spearfish
          Larry Zikmund, lobbyist, AGC Building Chapter
          Dick Tieszen, lobbyist, Associated School Boards of SD
        Bob Riter, lobbyist, National Federation of Independent Business
        Larry Mann, lobbyist, Homestake Mining Company
        David Owen, lobbyist, SD Chamber of Commerce and Industry
        Jerry Wheeler, lobbyist, SD Retailers Association
        Dan Nelson, lobbyist, Sioux Falls Chamber of Commerce
Opponents:      Dennis Finch, self, Rapid City
          Rex Hagg, self, Rapid City (handout 4)
          Paul Aylward, lobbyist, AFSCME and AFL-CIO
Comments by: James Marsh, Department of Labor and Management
        Mike Shaw, lobbyist, Member of Task Force
Presented by:      Dave Knudson, Governor's Office

MOTION:      AMEND SB 211

o-211a

     On page 7 , line 24 of the Senate State Affairs committee engrossed bill , remove the overstrikes from " is not totally disabled but " .

Moved by:      Representative Fischer-Clemens
Second by:      Representative Lucas
Action:      Was not acted on.

The Chair deferred SB 211 until Friday, February 26, 1999.

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

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Proponents:      Jeremiah Murphy, lobbyist, US West
          Harry Christianson, lobbyist, AT&T (on amendment o-149d)
Opponents:      Rolayne Wiest, Public Utilities Commission
          Larry Toll, lobbyist, US West (on amendment o-149d)
Comments by:      Brian Meyer, lobbyist, SD Association of Telephone Cooperatives

MOTION:      SUBSTITUTE MOTION AMEND SB 149
        (There was a pending amendment from the previous meeting.)

o-149c

     On page 1 , line 11 of the Senate engrossed bill , after " mandate. " insert " These costs may be recovered either regionally or statewide at the discretion of the agency. This section does not affect any decision or order made by any agency to comply with 47 U.S.C. §  251 as of January 1, 1999. " .

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

MOTION:      AMEND SB 149

o-149d

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

"      Section 2. That § 49-31-87 be amended to read as follows:

     49-31-87.   Dialing parity, as defined in 47 U.S.C. §  153 (15) as of January 1, 1998, for purposes of intraLATA long distance telecommunications services, may not shall be implemented by any local exchange carrier serving more than two hundred thousand retail access lines by order of the commission until all providers of toll services are authorized to provide interLATA services which originate in this state on January 1, 2000 . "

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

MOTION:      DO PASS SB 149 AS AMENDED

Moved by:      Representative Brown (Richard)
Second by:      Representative Jaspers
Action:      Prevailed by roll call vote.   (9-4-0-0)

Voting yes:      Brown (Richard), Eccarius, Hunt, Jaspers, Koetzle, Koskan, Roe, Smidt, McNenny

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Voting no:      Fischer-Clemens, Haley, Lucas, Cutler

MOTION:      TO AMEND TITLE OF SB 149

o-149t

     On page 1 , line 3 of the Senate engrossed bill , after " services " insert " and to revise certain provisions regarding dialing parity " .

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

          SB 107:   require the Corrections Commission to review any proposal to establish or increase mandatory minimum sentences.

The Chair deferred SB 107 until Friday, February 26, 1999.

          SJR 4:   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 legislative terms and legislative term limits.

The Chair deferred SJR4 until Friday, February 26, 1999.

          SB 238:   authorize the Public Utilities Commission to regulate certain telecommunications services.

The Chair deferred SB 238 until Friday, February 26, 1999.

MOTION:      ADJOURN

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

Clara Shelbourn

Committee Secretary