93^rd Legislative Session _ 2018

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:    SENATE ADVISE AND CONSENT TO THE REAPPOINTMENT OF KENNETH D. ALBERS OF LINCOLN COUNTY, CANTON, SOUTH DAKOTA, TO THE BOARD OF PARDONS AND PAROLES

Presented by: Dennis Kaemingk, Department of Corrections

Moved by:    Greenfield (Brock)
Second by:    Netherton
Action:    Prevailed by roll call vote. (7-0-0-0)

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

MOTION:    PLACE REAPPOINTMENT ON CONSENT CALENDAR

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

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MOTION:    SENATE ADVISE AND CONSENT TO THE REAPPOINTMENT OF KRISTA HEEREN-GRABER, TO THE SD INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

Presented by: Marty Jackley, Attorney General

Moved by:    Nelson
Second by:    Netherton
Action:    Prevailed by roll call vote. (7-0-0-0)

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

MOTION:    PLACE REAPPOINTMENT ON CONSENT CALENDAR

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

MOTION:    APPROVE THE INTERIM APPOINTMENT OF SHANNON RITER OSBORN, FROM RAPID CITY, SOUTH DAKOTA TO THE BOARD OF PARDONS AND PAROLES

Moved by:    Rusch
Second by:    Kennedy
Action:    Prevailed by roll call vote. (7-0-0-0)

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

MOTION:    PLACE ON CONSENT CALENDAR

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

MOTION:    SENATE ADVISE AND CONSENT TO THE REAPPOINTMENT OF SHANNON RITER OSBORN, FROM RAPID CITY, SOUTH DAKOTA, TO THE BOARD OF PARDONS AND PAROLES

Presented by: Greg Sattizahn, Unified Judicial System

Moved by:    Greenfield (Brock)
Second by:    Rusch

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Action:    Prevailed by roll call vote. (7-0-0-0)

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

MOTION:    PLACE REAPPOINTMENT ON CONSENT CALENDAR

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

    SB 62: provide for the notification related to a breach of certain data and to provide a penalty therefor.

Presented by:    Marty Jackley, Attorney General
Proponents:    Curtis Everson, South Dakota Bankers Association
        Richard Tieszen, Associated School Boards of South Dakota; American Express;
        Waste Management of South Dakota; State Farm Insurance
        Erik Nelson, AARP South Dakota
        Darla Pollman Rogers, self, Pierre
Others:    Drew Duncan, Verizon

MOTION:    AMEND SB 62

62wa

    On page 1, line 6, of the printed bill, after "the" insert "unauthorized".

    On page 1, line 7, delete "an unauthorized" and insert "any".

    On page 1, line 15, delete "and" and insert "or".

    On page 2, delete line 13.

    On page 2, delete line 14, and insert: "

            (d)    Health information as defined in 45 CFR 160.103; or".

    On page 2, line 15, delete "(f)" and insert "(e)".

    On page 3, line 10, delete "or notification" and insert "by or notification to an information holder".

    On page 3, line 14, delete "forty-five" and insert "sixty".

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    On page 5, after line 13, insert:

"    Section 8. That chapter 22-40 be amended by adding a NEW SECTION to read:

    Notwithstanding any other provisions in this Act, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq., as amended) and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional federal regulator is deemed to be in compliance with this chapter if the information holder notifies affected South Dakota residents in accordance with the maintained procedures when a breach of system security occurs.".

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

        THE CHAIR DEFERRED SB 62 UNTIL THURSDAY, JANUARY 18, 2018

MOTION:    ADJOURN

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

Rena Ortbahn

Committee Secretary

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