92^nd Legislative Session _ 2017

Committee: Senate Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Greenfield (Brock)
P    Kennedy
P    Langer
P    Nelson
P    Netherton
P    Rusch, Vice-Chair
P    Russell, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Lance S. Russell, Chair.

MOTION:    TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 7, 2017

Moved by:    Netherton
Second by:    Langer
Action:    Prevailed by voice vote.

    SB 144: provide for the Servicemember Firearms Protection Act.

Opponents:    Guilherme Costa, Board of Regents
        Justin Smith, Sioux Falls Area Chamber of Commerce
        Justin Smith, South Dakota Association of Youth Care Providers

SB 144 was previously heard on Tuesday, February 7, 2017and carried over with a motion of divide the question

The Chair ruled that the previous motion to divide the question was out of order.

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MOTION:    AMEND TITLE OF SB 144

144wtc

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for the Servicemember Firearms Protection Act.".

    On page 1, delete line 2.

Moved by:    Nelson
Second by:    Greenfield (Brock)
Action:    Prevailed by voice vote.

MOTION:    AMEND SB 144

144wd

    On page 2, line 1, of the printed bill, after "restricts" insert "a servicemember as defined in § 33-1-1, or any member of the National Guard or any reserve component of the armed forces of the United States from the ".

Moved by:    Nelson
Second by:    Greenfield (Brock)
Action:    Prevailed by voice vote.

MOTION:    AMEND SB 144

144we

    On page 2, line 1, of the printed bill, delete "person" and insert "state agency".

Moved by:    Nelson
Second by:    Netherton
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DEFER SB 144 UNTIL ANOTHER DAY

Moved by:    Rusch
Second by:    Kennedy
Action:    Prevailed by voice vote.

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    SB 137: establish certain provisions regarding joint employer liability protection.

Presented by:    Senator Langer
Proponents:    Jeff Hanscom, International Franchise Association (Handouts: #1)
        Bill VanCamp, South Dakota Retailers Association

MOTION:    DO PASS SB 137

Moved by:    Langer
Second by:    Netherton
Action:    Prevailed by roll call vote. (6-1-0-0)

Voting Yes:    Greenfield (Brock), Langer, Nelson, Netherton, Rusch, Russell

Voting No:    Kennedy

    SB 138: provide certain provisions regarding asbestos bankruptcy trust claims.

Presented by:    Senator Stalzer
Proponents:    Mark Behrens, U.S. Chamber of Commerce Institute for Legal Reform (Handouts: #2, #3)
        David Owen, SD Chamber of Commerce & Industry
        Craig Matson, South Dakota Insurance Alliance
        Mike Shaw, Property Casualty Insurers Association of America
Opponents:    Roger Tellinghuisen, South Dakota Trial Lawyers Association
        Lorin Pankratz, self, Sioux Falls

MOTION:    AMEND SB 138

138wa

    On page 2, line 10, of the printed bill, delete "or silica".

    On page 2, line 13, delete "related to a claim against" and insert "submitted to".

    On page 2, line 16, after "document" insert "submitted to or received from an asbestos trust".

Moved by:    Netherton
Second by:    Nelson
Action:    Prevailed by voice vote.

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MOTION:    DO PASS SB 138 AS AMENDED

Moved by:    Netherton
Second by:    Greenfield (Brock)
Action:    Failed by roll call vote. (3-3-1-0)

Voting Yes:    Greenfield (Brock), Netherton, Russell

Voting No:    Kennedy, Nelson, Rusch

Excused:    Langer

MOTION:    AMEND SB 138

MISSING AMENDMENT
Moved by:    Nelson
Action:    Died for lack of a second.

The Chair moved SB 138 to the bottom of today's calendar for final disposition

    SB 145: provide limitation on liability for certain architects and engineers

Presented by:    Senator Rusch (Handouts: #4, #5)
Proponents:    Sandy Dickenson, self, Vermillion

MOTION:    DO PASS SB 145

Moved by:    Kennedy
Second by:    Greenfield (Brock)
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    Greenfield (Brock), Kennedy, Netherton, Rusch, Russell

Excused:    Langer, Nelson

MOTION:    PLACE SB 145 ON CONSENT CALENDAR

Moved by:    Greenfield (Brock)
Second by:    Netherton
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED SB 174 UNTIL TUESDAY, FEBRUARY 14, 2017

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    SB 138: provide certain provisions regarding asbestos bankruptcy trust claims.

MOTION:    AMEND SB 138

138wb

    On page 2, line 22, of the printed bill, delete everything after "filed" .

    On page 2, line 23, delete everything before ", a plaintiff" .

    On page 3, line 23, delete "eighty" and insert "twenty".

    On page 6, delete lines 5 to 20, inclusive.

    On page 6, line 22, delete everything after "2017" .

    On page 6, line 23, delete everything before "." .

Moved by:    Greenfield (Brock)
Second by:    Netherton
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 138 AS AMENDED

Moved by:    Greenfield (Brock)
Second by:    Netherton
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Greenfield (Brock), Nelson, Netherton, Russell

Voting No:    Kennedy, Langer, Rusch

MOTION:    ADJOURN

Moved by:    Kennedy
Second by:    Rusch
Action:    Prevailed by voice vote.

Rena Ortbahn

Committee Secretary

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