84th Legislative Session _ 2009

Committee: House Judiciary
Monday, January 26, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Engels
P    Feinstein
P    Gibson
P    Gosch
P    Hamiel
P    Hoffman
P    Hunt, Vice-Chair
P    Killer
P    Lust
P    Moser
P    Schlekeway
P    Turbiville
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Joni Cutler, Chair.

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, JANUARY 23, 2009.

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

MOTION:     TO CORRECT THE MINUTES OF THE HOUSE JUDICIARY COMMITTEE OF JANUARY 16, 2009, AS FOLLOWS:
        ON PAGE 2, LINE 16, DELETE “9-12" AND INSERT “19-12".

Moved by:    Hamiel
Second by:    Feinstein


Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1022 UNTIL WEDNESDAY, JANUARY 28, 2009.

        
HB 1103: revise certain provisions regarding limited partnerships and limited liability companies related to the rights of judgment creditors.

Presented by:    Representative David Lust
Proponents:    Tom Barnett, State Bar of South Dakota

MOTION:     DO PASS HB 1103

Moved by:    Hunt
Second by:    Schlekeway
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Hunt, Killer, Lust, Moser, Schlekeway, Turbiville, Cutler

The gavel was passed to Representative Roger Hunt, Vice-Chair.

        
HB 1097: provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.

Presented by:    Representative Joni Cutler
Proponents:    Tom Barnett, State Bar of South Dakota (Handouts: #1)
        Doug Cummings, Self
        Pat Donovan, Self
        Cheryl Hanna, Self
        Tom Welk, Self

MOTION:     DO PASS HB 1097

Moved by:    Gosch
Second by:    Feinstein
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Hunt, Killer, Lust, Moser, Schlekeway, Turbiville, Cutler

        THE CHAIR DEFERRED HB 1066 UNTIL WEDNESDAY, JANUARY 28, 2009.

        
HB 1082: revise the procedure to adopt rules.

Presented by:    Representative Roger Hunt (Handouts: #2)

MOTION:     AMEND HB 1082

1082sb

     On page 6, line 6, of the printed bill, delete everything after " determination " and insert " that the rule is authorized by the standards provided in the statutes cited by the agency to promulgate the rule. ".

     On page 6, delete lines 7 to 10, inclusive.


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

MOTION:     DO PASS HB 1082 AS AMENDED

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

Voting Yes:    Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Hunt, Killer, Lust, Moser, Schlekeway, Turbiville, Cutler

MOTION:     ADJOURN

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

Linda Daugaard

____________________________

Committee Secretary
Joni M. Cutler, Chair