74th Legislative Session -- 1999
Committee: House State Affairs
Friday, February 26, 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 24, 1999.
Moved by:
Representative Lucas
Second by:
Representative Brown (Richard)
Action:
Prevailed by voice vote.
SB 120:
authorize REDI fund loans for certain value-added agricultural projects
and activities.
Opponents:
Ron Wheeler, Governor's Office of Economic Development
Presented by:
Representative Mike Jaspers, sponsor
MOTION:
DO PASS SB 120
Moved by:
Representative Jaspers
Second by:
Representative Koetzle
Action:
Failed by roll call vote.
(5-3-5-0)
Voting yes:
Fischer-Clemens, Jaspers, Koetzle, Lucas, Roe
Voting no:
Brown (Richard), McNenny, Cutler
Excused:
Eccarius, Haley, Hunt, Koskan, Smidt
MOTION:
DO PASS SB 120
Moved by:
Representative Roe
Second by:
Representative Hunt
Action:
Was ruled out of order.
MOTION:
DEFER SB 120 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Brown (Richard)
Second by:
Representative Koskan
Action:
Failed by roll call vote.
(4-9-0-0)
Voting yes:
Brown (Richard), Koskan, Lucas, Cutler
Voting no:
Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koetzle, Roe, Smidt, McNenny
MOTION:
AMEND SB 120
f-120c
On page
1
,
line
9 of the Senate State Affairs committee engrossed bill
,
before "
funds
"
insert
"
the
"
.
Moved by:
Representative Koetzle
Second by:
Representative Haley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 120 AS AMENDED
Moved by:
Representative Fischer-Clemens
Second by:
Representative Roe
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE SB 120
Moved by:
Representative Koskan
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Koskan, Lucas, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Jaspers, Koetzle, Roe, Smidt
SB 238:
authorize the Public Utilities Commission to regulate certain
telecommunications services.
Proponents:
Laska Schoenfelder, Public Utilities Commission
Pam Nelson, Public utilities Commission
Dennis McFarland, lobbyist, Firstel/ACG
Otto Doll, Governor's Office (amendment f-238)
Dick Tieszen, lobbyist, Associated School Board of SD (amendment f-238)
Opponents:
Harry Christianson, lobbyist, AT&T
Tom Adam, lobbyist, MCI
Brian Meyer, lobbyist, SD Ass'n of Telephone Cooperatives (amendment f-238)
MOTION:
AMEND SB 238
f-238
On page
6
,
after line
13 of the Senate State Affairs committee engrossed bill
,
insert:
"
Section 11. That
§
1-33-43
be amended to read as follows:
1-33-43.
The Bureau of Information and Telecommunications shall perform functions to include,
but not be limited to:
1.
Providing technical and management assistance to state agencies and institutions as to
systems or methods to be used to meet information and communication requirements
efficiently and effectively;
2.
Developing and proposing operational technical standards for the state information
systems which will ensure the interconnection of computer networks and information of
state agencies;
3.
Purchasing from, or contracting with, suppliers and communications common carriers for
communications facilities or services;
4.
Cooperating with any federal, state, or local emergency management agency in providing
for emergency communication and information services;
5.
Providing, where deemed feasible, a means whereby local governmental agencies
and
local government associations
may utilize the state communication and information
systems and service; and
6.
In cooperation with the appropriate state agencies, plan, design, and conduct experiments
in information services, equipment, and technology, and to implement enhancements in
the state information system.
"
Moved by:
Representative Hunt
Second by:
Representative Roe
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 238
o-238c
On page
3
,
line
21 of the Senate State Affairs committee engrossed bill
,
after "
subscriber
"
insert
"
a fee not to exceed
"
.
On page
3
,
line
21
,
after "
dollars.
"
insert "
The commission shall determine the amount of the
fee a company shall pay pursuant to this section based on the criteria established in section 6 of this
Act.
"
.
On page
4
,
line
1
,
delete "
twenty
"
and insert "
ten
"
.
On page
4
,
delete line
11
,
and insert "
If a telecommunications company has two or more
violations of section 1 of this Act within thirty days
"
.
On page
4
,
line
12
,
delete everything before ",".
On page
4
,
line
19
,
after "
company.
"
insert "
If the commission finds that any complaint filed
with the commission pursuant to this Act is false, the person who files the false complaint is guilty
of a Class 1 misdemeanor.
"
.
On page
4
,
line
24
,
after "
company
"
insert "
if the commission finds that the company violated
this Act
"
.
On page
6
,
after line
13
,
insert:
"
Section 11. The effective date of this Act is January 1, 2000.
"
Moved by:
Representative Brown (Richard)
Second by:
None
Action:
Died for a lack of a second
MOTION:
AMEND SB 238
j-238b
On page
3
,
line
12 of the Senate State Affairs committee engrossed bill
,
after "solicitation." insert
"At a minimum, separate authorizations must be obtained for local exchange service, intraLATA toll
service, and interLATA toll service.".
On page
4
,
line
14
,
after "
addresses.
"
insert "
The list may be filed as confidential consistent with
the commission's rules.
"
.
On page
4
,
line
22
,
delete "
If an alleged violation of this Act results in
"
and insert "
If the
commission finds the company has committed a violation of this Act after holding
"
.
Moved by:
Representative Roe
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 238 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Roe
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Fischer-Clemens, Haley, Hunt, Jaspers, Koetzle, Koskan, Lucas, Roe, Smidt,
McNenny, Cutler
Voting no:
Brown (Richard)
Excused:
Eccarius
SB 151:
revise certain provisions regarding the prices for residential and business
local exchange service that may be charged by certain telecommunications
companies.
Proponents:
Deb Bowman, lobbyist, US West
Mac McCracken, lobbyist, US West
Presented by:
Representative Mike Broderick, sponsor
MOTION:
DO PASS SB 151
Moved by:
Representative Brown (Richard)
Second by:
Representative McNenny
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 151
f-151
On page
1
,
line
12 of the Senate engrossed bill
,
after "
less.
"
insert "
The telecommunications
company shall publicly announce the beginning and ending date of the promotion period.
"
.
Moved by:
Representative Hunt
Second by:
Representative Roe
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 151 AS AMENDED
Moved by:
Representative Roe
Second by:
Representative Smidt
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.
MOTION:
AMEND SB 211
f-211
On page
7
,
delete lines
23
to
25 of the Senate State Affairs committee engrossed bill
, inclusive
.
On page
8
,
delete lines
1
to
6
, inclusive
.
Moved by:
Representative Brown (Richard)
Second by:
Representative Jaspers
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 211
j-211c
On page
4 of the Senate State Affairs committee engrossed bill
,
delete lines
8
to
20
, inclusive
.
Moved by:
Representative Fischer-Clemens
Second by:
Representative Koetzle
Action:
Failed by voice vote.
MOTION:
DO PASS SB 211 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Koskan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 211
j-211
On page
2
,
line
15 of the Senate State Affairs committee engrossed bill
,
delete "
, as
"
.
On page
2
,
line
16
,
delete "
shown by clear and convincing evidence
"
.
Moved by:
Representative Koetzle
Second by:
Representative Lucas
Action:
Failed by voice vote.
MOTION:
DO PASS SB 211 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Koskan
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
SB 59:
authorize the examination and use of commercial vehicle weigh scale
tickets in the enforcement of vehicle weight restrictions and to revise certain
provisions regarding penalties for violations of such restrictions.
Opponents:
Deborah Barton, self, Rapid City
SB 156:
restrict the placement of automated teller machines in the proximity of
video lottery terminals.
Proponents:
Nathan Schock, lobbyist, SD Family Policy Council
Opponents:
Ed Dooghe, self, Rapid City
Brian Meyer, lobbyist, SD Association of Video Lottery Establishments
Tom Adam, lobbyist, SD Bankers Association
Presented by:
Senator Dick Hainje, prime sponsor
MOTION:
DO PASS SB 156
Moved by:
Representative Eccarius
Second by:
Representative Roe
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koetzle,
Koskan, Lucas, Roe, Smidt, Cutler
Voting no:
McNenny
SB 186:
limit the liability of certain persons for year 2000 litigation.
Proponents:
Tom Adam, lobbyist, SD Bankers Association
Dave owen, lobbyist, SD Chamber of Commerce and Industry
Bob Riter, lobbyist, National Federation of Independent Business
Jerry Wheeler, lobbyist,
Presented by:
Representative Bill Peterson, sponsor
MOTION:
DO PASS SB 186
Moved by:
Representative Jaspers
Second by:
Representative Brown (Richard)
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koskan, Roe,
Smidt, McNenny
Voting no:
Koetzle, Lucas, Cutler
MOTION:
TO AMEND TITLE OF SB 238
f-238t
On page
1
,
line
2 of the Senate State Affairs committee engrossed bill
,
after "
services
"
insert
"
and to authorize the Bureau of Information and Telecommunications to assist local governmental
associations
"
.
Moved by:
Representative Roe
Second by:
Representative Koskan
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Roe
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary
Steve Cutler, Chair
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