Senate State Affairs Minutes 01/29/2003 7:45 AM

78^th Legislative Session _ 2003

Committee: Senate State Affairs

Wednesday, January 29, 2003

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Duniphan
P    Knudson
P    McCracken
P    Olson (Ed)
P    Sutton (Dan)
P    Symens
P    Vitter
P    Diedrich (Larry), Vice-Chair
P    Bogue, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Senator Eric Bogue

MOTION:     TO APPROVE THE MINUTES OF MONDAY, JANUARY 27, 2003

Moved by:    Duniphan
Second by:    McCracken
Action:    Prevailed by voice vote.

         SB 33: revise certain provisions relating to telemarketing.

Presented By:    Charlie McGuigan, Office of Attorney General
        Rolayne Wiest, Public Utilities Commission
Opponents:    Richard Tieszen, State Farm Insurance Companies

MOTION:     AMEND SB 33

On page 1, line 4 of the printed bill, remove the overstrikes from " ~~this chapter~~ " .

On page 1 , line 4, delete " § § 37-30A-4 to 37-30A-11, inclusive, " .

On page 1 , line 7, overstrike " and " and insert " , ".

On page 1 , line 8, after " basis " insert " , and who makes less than two hundred unsolicited consumer telephone calls per year ".

Moved by:    Olson (Ed)
Second by:    Duniphan
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 33 AS AMENDED

Moved by:    Diedrich (Larry)
Second by:    McCracken
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Duniphan, Knudson, McCracken, Olson (Ed), Sutton (Dan), Symens, Vitter, Diedrich (Larry), Bogue

         SB 41: provide for the creation of a no solicitation calls list for persons wishing not to receive unsolicited telephone calls, to create a telephone solicitation account, and to establish certain fees and civil penalties.

Presented By:    Bob Sahr, Public Utilities Commission (Document #1)
        Gary Hanson, Public Utilities Commission
Proponents:    Charlie McGuigan, Office of Attorney General
        Marilyn Teske, AARP
        Sam Wilson, AARP
Opponents:    Curt Everson, SD Bankers Association (Document #2)
        David Owen, SD Chamber of Commerce & Industry
        Harry Christianson, AT&T
        Jeremiah Murphy, Citibank of SD
        John Brown, SD Consumer Finance Assn.
        Thomas Adam, MCI Worldcom

MOTION:     AMEND SB 41

On page 3, line 23 of the printed bill, delete " with the commission " .

On page 5, line 13, after " made " insert " to a South Dakota consumer ".

On page 6 , line 5, delete " or " .

On page 6 , line 7, after " business; " insert " or

(e) To any person for the purpose of obtaining information and establishing a date and time for an appointment with the telephone solicitor which will take place at the solicitor's place of business or the consumer's home and the call is not made by an automated telephone dialing system. For purposes of this subsection, an automated telephone dialing system is any automatic terminal equipment that stores or produces numbers to be called randomly or sequentially; ".

On page 6 , line 21, after " a register, " insert "setting of fees to enroll or renew enrollment on the register,".

On page 7 , line 8, after " commission. " insert "The register shall be updated not more often than quarterly.".

On page 7 , line 9, after " register. " insert "Any telephone solicitor desiring to make an unsolicited telephone call shall update his or her copy of the register within thirty days after the receipt of the register.".

On page 7 , line 20, delete " and " and insert "or".

On page 7 , line 23, delete everything after " commission. " and insert "A subscriber shall pay to the commission a fee, set pursuant to section 2 of this Act, of not more than five dollars to be listed on the register. Fees collected under this section shall be credited to the telephone solicitation account established in section 5 of this Act.".

On page 7 , delete line 24 .

On page 8 , line 19, after " compliance. " insert "Any telephone solicitation made to a person whose name first appears on the register is not a violation of this Act if the solicitation is made within thirty days of the receipt of the register.".

Moved by:    Duniphan
Second by:    Diedrich (Larry)
Action:    Prevailed by voice vote.

MOTION: AMEND SB 41

On page 6 of the printed bill, delete lines 4 and 5 , and insert:

"

(c) To any person with whom the telephone solicitor, or any business or affiliate on whose behalf the telephone call is being made has an established business relationship or a business relationship that existed within the immediately preceding twelve months. For the purposes of this subsection, an affiliate is a business entity related to another business entity by having a common ownership of more than fifty percent; ".

Moved by:    Knudson
Second by:    Duniphan
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 41

On page 6 of the printed bill, delete lines 4 and 5 , and insert:

"

(c) To any person with whom the telephone solicitor, or any business on whose behalf the telephone call is being made has an established business relationship or a business relationship that existed within the immediately preceding twelve months; or ".

Moved by:    Diedrich (Larry)
Second by:    McCracken
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 41

On page 6 of the printed bill, delete lines 6 and 7 .

On the previously adopted amendment (41ob) delete " (e) " and insert " (d) ".

Moved by:    Knudson
Second by:    Duniphan
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 41

On page 5, line 23 of the printed bill, after " 2003 " insert " , which makes telephone calls solely to solicit a charitable donation ".

Moved by:    Knudson
Second by:    Symens
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 41 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Diedrich (Larry)
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Duniphan, Knudson, McCracken, Olson (Ed), Sutton (Dan), Symens, Vitter, Diedrich (Larry), Bogue

MOTION:     INTRODUCE THE FOLLOWING BILL AT THE REQUEST OF THE GOVERNOR

        INCREASE CERTAIN LICENSE FEES AND OTHER FEES CHARGED BY THE
        OFFICE OF THE SECRETARY OF STATE

Moved by:    Diedrich (Larry)
Second by:    Duniphan
Action:    Prevailed by voice vote.

         SB 58: establish the value added tourism subfund and to provide for its funding and disbursement.

Presented By:    Senator Drue Vitter

MOTION: AMEND SB 58

On page 2 of the printed bill, delete lines 11 to 14 , inclusive.

Moved by:    Knudson
Second by:    Duniphan
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 58 AS AMENDED

Moved by:    Olson (Ed)
Second by:    McCracken
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Duniphan, Knudson, McCracken, Olson (Ed), Sutton (Dan), Symens, Vitter, Bogue

Voting No:    Diedrich (Larry)

         SB 73: require that constitutional amendments, initiated measures, and referred laws shall be designated in a certain manner.

Presented By:    Senator Larry Diedrich
Proponents:    Dan Nelson, Sioux Falls Area Chamber Of Commerce

MOTION:     DO PASS SB 73

Moved by:    Duniphan
Second by:    Sutton (Dan)
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Duniphan, Knudson, McCracken, Olson (Ed), Sutton (Dan), Symens, Vitter, Diedrich (Larry), Bogue

MOTION:     PLACE SB 73 ON CONSENT CALENDAR

Moved by:    Duniphan
Second by:    McCracken
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Diedrich (Larry)
Second by:    McCracken
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary

Eric H. Bogue, Chair

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