89^th Legislative Session _ 2014

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Cronin
P    Erickson
P    Feinstein
P    Gibson
P    Hajek
P    Hoffman
P    Johns
P    Killer
P    Kopp
P    Magstadt
P    Wink
P    Stevens, 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 MARCH 5, 2014

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

    SB 46: revise certain provisions regarding animal welfare and to provide a felony penalty for cruelty to animals.

Presented by:    Dustin Oedenkoven, State Veterinarian
Proponents:    Trudy Wastweet, Dept of Agriculture
        Lorin Pankratz, SD Pork Producers

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        Lorin Pankratz, SD Soybean Association
        Mike Held, SD Farm Bureau
        Jeremiah M Murphy, SD Stockgrowers Association
        Brenda Forman, SD Ag Unity
        Shari Kosel, SD FACT, Lead
        Bob Riter, SD Livestock Association
        Mike Traxinger, SD Farmers Union
Opponents:    Representative Elizabeth May

MOTION:    DO PASS SB 46

Moved by:    Hajek
Second by:    Feinstein
Action:    Prevailed by roll call vote. (10-2-1-0)

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

Voting No:    Cronin, Gosch

Excused:    Johns

Representative Gosch passed the gavel to Representative Stevens, Vice-Chair.

    SB 65: revise and clarify voter eligibility for road district elections.

Presented by:    Representative Brian Gosch
Proponents:    Senator Mark Kirkeby (Handout: 1)

MOTION:    AMEND SB 65

65ja

    On page 4, line 2, of the printed bill, after "land" insert "other than a governmental entity".

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

MOTION:    DO PASS SB 65 AS AMENDED

Moved by:    Hoffman

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Second by:    Kopp
Action:    Prevailed by roll call vote. (8-5-0-0)

Voting Yes:    Cronin, Erickson, Hoffman, Kopp, Magstadt, Wink, Stevens, Gosch

Voting No:    Feinstein, Gibson, Hajek, Johns, Killer

    SB 90: revise certain provisions related to the High School Activities Association.

Presented by:    Representative Brian Gosch
Proponents:    Senator Corey Brown
        Steve Willard, SD Broadcasters Association
        Justin Smith, SD Newspaper Association
        David Bordewyk, SD Newspaper Association
Opponents:    Dan Whalen, SD High School Activity Association, Self
        Lindsey Riter-Rapp, SD High School Activities Association (Handouts: 2,3, & 4)
        Representative Troy Heinert
        Senator Jim Bradford

        THE CHAIR DEFERRED SB 90 UNTIL LATER TODAY.

Representative Stevens passed the gavel to Representative Gosch, Chair.

    SB 113: revise the minimum suspension requirements for students participating in extracurricular activities.

Presented by:    Representative Kris Langer
Proponents:    Senator Timothy Rave
        Dianna Miller, Large School Group
        Robert Monson, School Administrators of South Dakota
        Wade Pogany, Associated School Boards of SD
        Terry Dosch, SD Council of Substance Abuse Directors

MOTION:    AMEND SB 113

113oa

    On page 1, line 13, of the Senate Education Committee engrossed bill, overstrike "chemical dependency" and insert "or licensed addiction".

Moved by:    Hoffman

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Second by:    Gibson
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 113 AS AMENDED

Moved by:    Hajek
Second by:    Wink
Action:    Prevailed by roll call vote. (13-0-0-0)

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

Representative Gosch passed the gavel to Representative Stevens, Vice-Chair.

    SB 90: revise certain provisions related to the High School Activities Association.

MOTION:    AMEND SB 90

90ja

    On page 3, after line 2 of the Senate Appropriations Committee engrossed bill, insert:

"    Section 2. That § 1-25-1 be amended to read as follows:

    1-25-1. The official meetings of the state, its political subdivisions, and any public body of the state or its political subdivisions are open to the public unless a specific law is cited by the state, the political subdivision, or the public body to close the official meeting to the public. For the purposes of this section, a political subdivision or a public body of a political subdivision means any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other agency of the state, which is created or appointed by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign power derived from state law of the South Dakota High School Activities Association or its successors or assignees.

    It is not an official meeting of one political subdivision or public body if its members provide information or attend the official meeting of another political subdivision or public body for which the notice requirements of § 1-25-1.1 have been met.

    Any official meeting may be conducted by teleconference as defined in § 1-25-1.2. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official

meeting held by teleconference shall be taken by roll call.

    If the state, a political subdivision, or a public body conducts an official meeting by teleconference, the state, the political subdivision, or public body shall provide one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, which has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to an executive or closed meeting.

    If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meet solely for purposes of implementing previously publicly-adopted policy, carrying out ministerial functions of that township, district, or municipality, or undertaking a factual investigation of conditions related to public safety, the meeting is not subject to the provisions of this chapter.

    A violation of this section is a Class 2 misdemeanor. ".

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

MOTION:    AMEND SB 90

90jb

    On page 3, after line 2 of the Senate Appropriations Committee engrossed bill, insert:

"    Section 2. That § 1-27-1.1 be amended to read as follows:

    1-27-1.1. Unless any other statute, ordinance, or rule expressly provides that particular information or records may not be made public, public records include all records and documents, regardless of physical form, of or belonging to this state, any county, municipality, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing or the South Dakota High School Activities Association or its successors or assignees. Data which is a public record in its original form remains a public record when maintained in any other form. For the purposes of §§ 1-27-1 to 1-27-1.15, inclusive, a tax-supported district includes any business improvement district created pursuant to chapter 9-55. ".

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

MOTION:    AMEND SB 90

90jc

    On page 3, after line 2 of the Senate Appropriations Committee engrossed bill, insert:

"    Section 2. That § 1-25-2 be amended to read as follows:

    1-25-2. Executive or closed meetings may be held for the sole purposes of:

            (1)    Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor;

            (2)    Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

            (3)    Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

            (4)    Preparing for contract negotiations or negotiating with employees or employee representatives;

            (5)    Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business.

However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. ".

Moved by:    Johns

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Second by:    Wink
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 90 AS AMENDED

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

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

Voting No:    Killer

Representative Stevens passed the gavel to Representative Gosch, Chair.

    SB 143: provide for a civil remedy for a bad faith assertion of patent infringement.

Presented by:    Representative Kristin Conzet
Proponents:    Brett Koenecke, SD Bankers Association (Handout: 5)
        Jim Hood, SD Retailers Association
        Greg Dean, SD Telecommunications Association
        Tom Livermont, Pierre, Self
        Jeromy Pankratz, Attorney General's Office
Opponents:    Dan Garry, 3M Center (Handout: 6)
        Kevin Rhodes, 3M Innovative Properties (via telephone)
        Dennis Skarvan, Caterpillar Inc. (Handouts: 7,8, & 9)

MOTION:    DO PASS SB 143

Moved by:    Stevens
Second by:    Erickson
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DEFER SB 143 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Hajek
Second by:    Feinstein
Action:    Failed by roll call vote. (4-9-0-0)

Voting Yes:    Feinstein, Hajek, Johns, Killer

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Voting No:    Cronin, Erickson, Gibson, Hoffman, Kopp, Magstadt, Wink, Stevens, Gosch

THE MOTION TO DO PASS SB 143

Moved by:    Stevens
Second by:    Erickson
Action:    PREVAILED BY ROLL CALL VOTE. (9-4-0-0)

Voting Yes:    Cronin, Erickson, Gibson, Hoffman, Kopp, Magstadt, Wink, Stevens, Gosch

Voting No:    Feinstein, Hajek, Johns, Killer

MOTION:    ADJOURN

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

Traci Thompson

Committee Secretary

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