88^th Legislative Session _ 2013

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Wink
P    Killer
P    Feinstein
P    Gibson
P    Hoffman
P    Magstadt
P    Kopp
P    Erickson
P    Stevens
P    Johns
P    Hajek
P    Hansen, Vice-Chair
P    Gosch, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Gosch, Chair.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 22, 2013

Moved by:    Hansen
Second by:    Gibson
Action:    Prevailed by voice vote.

        SB 44: allow disqualification of commercial driver licenses for violations of federal, state, or local texting bans while driving a commercial vehicle to comply with federal regulations and requirements.

Presented by:    Cindy Gerber, Department of Public Safety
Proponents:    Bill Nevin, Department of Transportation

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        Myron Rau, SD Trucking Association
        Deb Mortenson, Associated General Contractors of SD

        THE CHAIR DEFERRED SB 44 UNTIL LATER IN THE MEETING.

        SB 198: revise the membership of the Judicial Qualifications Commission.

Presented by:    Senator Corey Brown

MOTION:    DO PASS SB 198

Moved by:    Hajek
Second by:    Feinstein
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND SB 198

198rb

    On page 1, line 13, of the Senate State Affairs Committee engrossed bill, after "members," insert "not of the same political party,".

Moved by:    Feinstein
Second by:    Killer
Action:    Failed by voice vote.

MOTION:    SUBSTITUTE MOTION AMEND SB 198

198ra

    On page 1, line 6, of the Senate State Affairs Committee engrossed bill, delete "seven nine" and insert "seven".

    On page 1, line 12, delete "; and" and insert ".".

    On page 1, delete lines 13 to 15, inclusive.

    On page 2, delete line 1.

    On page 2, line 2, delete "years.".

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Moved by:    Stevens
Second by:    Johns
Action:    Failed by roll call vote. (6-7-0-0)

Voting Yes:    Gibson, Kopp, Erickson, Stevens, Johns, Gosch

Voting No:    Wink, Killer, Feinstein, Hoffman, Magstadt, Hajek, Hansen

ORIGINAL MOTION:    DO PASS SB 198

Moved by:    Hajek
Second by:    Feinstein
Action:    Prevailed by roll call vote. (7-6-0-0)

Voting Yes:    Wink, Killer, Feinstein, Hoffman, Magstadt, Hajek, Hansen

Voting No:    Gibson, Kopp, Erickson, Stevens, Johns, Gosch

Representative Gosch passed the gavel to Representative Hansen.

        SB 223: clarify the open meetings requirement as applied to the Public Utilities Commission.

Presented by:    Senator Corey Brown

Representative Hansen passed the gavel back to Representative Gosch.

Others:    Kristie Fiegen, Public Utilities Commission (Answered Questions)
        Rolayne Wiest, Public Utilities Commission (Answered Questions)

MOTION:    DO PASS SB 223

Moved by:    Hansen
Second by:    Kopp
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Wink, Killer, Feinstein, Gibson, Magstadt, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Excused:    Hoffman

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        SB 227: revise provisions relating to the possession of firearms on snowmobiles.

Presented by:    Senator Chuck Welke

MOTION:    DO PASS SB 227

Moved by:    Gibson
Second by:    Hoffman
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Wink, Killer, Feinstein, Gibson, Hoffman, Magstadt, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

        SB 44: allow disqualification of commercial driver licenses for violations of federal, state, or local texting bans while driving a commercial vehicle to comply with federal regulations and requirements.

Others:    Cindy Gerber, Department of Public Safety (Answered Questions; Handouts: 1,2,3)

MOTION:    AMEND SB 44

44ra

    On page 7, line 12, of the printed bill, after "federal" insert ",".

Moved by:    Feinstein
Second by:    Hoffman
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 44 AS AMENDED

Moved by:    Wink
Second by:    Hansen
Action:    Prevailed by roll call vote. (12-1-0-0)

Voting Yes:    Wink, Killer, Feinstein, Gibson, Hoffman, Magstadt, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Voting No:    Kopp

        SB 174: provide that an out-of-country foreign judgment need not be recognized if

the cause of action resulted in a defamation judgment obtained in a jurisdiction outside the United States, unless a court in this state first determines that the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press as would be provided in this state by enacting the free speech defense Act.

Presented by:    Senator Dan Lederman
Proponents:    Justin Smith, SD Newspaper Association

MOTION:    AMEND SB 174

174rb

    On the Senate engrossed bill, delete everything after the enacting clause and insert:

    "    Section 1. That § 1-1-25 be amended to read as follows:

    1-1-25. No order or judgment of a tribal court or foreign country in the State of South Dakota may be recognized as a matter of comity in the state courts of South Dakota, except under the following terms and conditions:

            (1)    Before a state court may consider recognizing a tribal court or foreign country order or judgment the party seeking recognition shall establish by clear and convincing evidence that:

            (a)    The tribal court or foreign country had jurisdiction over both the subject matter and the parties;

            (b)    The order or judgment was not fraudulently obtained;

            (c)    The order or judgment was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing;

            (d)    The order or judgment complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and

            (e)    The order or judgment does not contravene the public policy of the State of South Dakota.

            (2)    If a court is satisfied that all of the foregoing conditions exist, the court may recognize the

tribal court or foreign country order or judgment in any of the following circumstances:

            (a)    In any child custody or domestic relations case; or

            (b)    In any case in which the jurisdiction issuing the order or judgment also grants comity to orders and judgments of the South Dakota courts; or

            (c)    In other cases if exceptional circumstances warrant it; or

            (d)    Any order required or authorized to be recognized pursuant to 25 U.S.C., § 1911(d) or 25 U.S.C., § 1919. "

Moved by:    Johns
Second by:    Wink
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND SB 174

174ra

    On page 1 of the Senate engrossed bill, delete lines 8 to 15, inclusive, and insert:

"    Section 1. An out-of-country foreign judgment need not be recognized and entitled to full faith and credit in the State of South Dakota, unless there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction, conducting the trial upon regular proceedings, after due citation or voluntary appearance of the defendant, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries, and there is nothing to show either prejudice in the court or in the system of laws under which it was sitting, or fraud in procuring the judgment, or any other special reason why the comity of the State of South Dakota should not allow it full effect."

    Section 2. In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:

            (1)    The foreign court actually had jurisdiction over both the subject matter and the parties;

            (2)    The judgment was not obtained fraudulently;

            (3)    The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing; and

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            (4)    The judgment did not contravene the public policy of the jurisdiction in which it is relied upon.

    Section 3. In matters concerning defamation, the court, before it recognizes an out-of-country foreign judgment, shall by clear and convincing evidence, find that the law applied in the foreign court's adjudication, which resulted in a judgment, provided at least as much protection for freedom of speech and the press as would be provided by the United States Constitution and the Constitution of the State of South Dakota, in addition to the criteria set forth in section 2 of this Act.

    On page 2, delete lines 1 to 6, inclusive.

Moved by:    Stevens
Second by:    Hansen
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 174 AS AMENDED

Moved by:    Hansen
Second by:    Magstadt
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND THE PENDING AMENDMENT

174rc

    On the previously adopted amendment (174ra), in subdivision (3), after "hearing;" delete "and".

    On the previously adopted amendment (174ra), in subdivision (4), after "upon" insert "; and

            (5)    The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts".

Moved by:    Johns
Second by:    Wink
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 174 AS AMENDED

Moved by:    Hansen

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Second by:    Magstadt
Action:    Prevailed by roll call vote. (11-2-0-0)

Voting Yes:    Wink, Gibson, Hoffman, Magstadt, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Voting No:    Killer, Feinstein

MOTION:    AMEND TITLE OF SB 174

174rta

    On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert "revise certain provisions relating to out-of-country foreign judgments.".

    On page 1, delete lines 2 to 6, inclusive.

Moved by:    Hoffman
Second by:    Erickson
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Hansen
Second by:    Gibson
Action:    Prevailed by voice vote.

Traci Thompson

Committee Secretary

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