93
rd Legislative Session _ 2018
Committee: Senate Judiciary
Tuesday, January 23, 2018
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 THURSDAY, JANUARY 18, 2018
Moved by: Netherton
Second by: Langer
Action: Prevailed by voice vote.
SB 62: provide for the notification related to a breach of certain data and to provide a penalty
therefor.
SB 62 was previously heard on Tuesday, January 16, 2018.
Presented by: Marty Jackley, Attorney General
Proponents: Bill VanCamp, South Dakota Retailers Association/AT&T
Curtis Everson, South Dakota Bankers Association
MOTION: AMEND SB 62
62wb
On page 3, line 16, of the printed bill, after "." insert "An information holder is not required to
make a disclosure under this section if, following an appropriate investigation and notice to the
attorney general, the information holder reasonably determines that the breach will not likely result
in harm to the affected person. The information holder shall document the determination under this
section in writing and maintain the documentation for not less than three years.".
On page 5, line 9, delete "Each" and insert "The attorney general may prosecute each" and
delete "is" and insert "as".
Moved by: Langer
Second by: Netherton
Action: Prevailed by voice vote.
MOTION: DO PASS SB 62 AS AMENDED
Moved by: Greenfield (Brock)
Second by: Langer
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Greenfield (Brock), Kennedy, Langer, Nelson, Netherton, Rusch, Russell
SB 84: revise certain provisions regarding public records.
Presented by: Senator Rusch
Opponents: Brett Koenecke, South Dakota Bankers Association
South Dakota Electric Utility Companies
Bill VanCamp, South Dakota Retailers Association
Richard Tieszen, Associated School Boards of South Dakota
Drew Duncan, South Dakota Insurance Alliance
Drew Duncan, Heartland Consumer Power District
AJ Franken, Governor's Office
MOTION: AMEND SB 84
84aa
On page 1 of the printed bill, delete lines 4 to 13, inclusive, and insert:
"
No agency of the State of South Dakota or any political subdivision of the state may enter into
a settlement agreement with any third party involving claims for monetary damages or equitable
relief in which the settlement agreement remains nondisclosure or confidential as to the terms of the
settlement. Any settlement agreement under this section shall be a public record as defined under
§ 1-27-1.1. Nothing in this section may be interpreted".
On page 6, line 11, overstrike "and".
On page 6, line 13, after "benefits" insert "
; and
(28) Records of investment or bankruptcy related to litigation involving the South Dakota
Investment Council unless the litigation involves a finding of liability on the part of the
South Dakota Investment Council".
Moved by: Netherton
Second by: Nelson
Action: Prevailed by voice vote.
MOTION: DO PASS SB 84 AS AMENDED
Moved by: Kennedy
Second by: Nelson
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND THE PENDING AMENDMENT
84wa
On page 1 of the printed bill, delete lines 4 to 13, inclusive, and insert:
"
No agency of the State of South Dakota or any political subdivision of the state may enter into
a settlement agreement with any third party involving claims for monetary damages or equitable
relief in which the settlement agreement requires nondisclosure or confidentiality as to the terms of
the settlement. Any settlement agreement under this section shall be a public record as defined under
§ 1-27-1.1. Nothing in this section may be interpreted".
On page 6, line 11, overstrike "and".
On page 6, line 13, after "benefits" insert "; and
(28) Records of investment or bankruptcy-related litigation involving the South Dakota
Investment Council unless the litigation involves a finding of liability on the part of the
South Dakota Investment Council".
Moved by: Greenfield (Brock)
Second by: Nelson
Action: Prevailed by voice vote.
MOTION: DO PASS SB 84 AS AMENDED
Moved by: Kennedy
Second by: Rusch
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Kennedy, Nelson, Netherton, Rusch, Russell
Voting No: Greenfield (Brock), Langer
SB 87: revise certain provisions regarding the lawful possession of firearms in certain
locations.
Presented by: Senator Monroe
MOTION: AMEND SB 87
87wb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 22-14 be amended by adding a NEW SECTION to read:
No building, structure, park, campus, or other area may be posted as a firearm-free zone unless
any person entering the area is required to pass through an electronic device to detect the presence
of a firearm on the body of that person or unless personnel trained by the entity or a delegate of the
entity posting the area are located in the area. The provisions of this section do not apply to:
(1) Any county courthouse;
(2) The state capitol; or
(3) Any law enforcement office or building."
Moved by: Greenfield (Brock)
Second by: Nelson
Action: Prevailed by voice vote.
THE CHAIR DEFERRED SB 87 UNTIL THURSDAY, JANUARY 25, 2018
MOTION: ADJOURN
Moved by: Greenfield (Brock)
Second by: Netherton
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Lance S. Russell, Chair
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