84th Legislative Session _ 2009

Committee: House Judiciary
Wednesday, January 28, 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
E    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Roger Hunt, Vice-Chair.

MOTION:     TO APPROVE THE MINUTES OF MONDAY, JANUARY 26, 2009.

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

        
HB 1022: make certain members of limited liability companies and partners of partnerships personally responsible for certain tax debts.

Proponents:    Andrew Fergel, Department of Revenue & Regulation

MOTION:     AMEND HB 1022



1022ra

     On page 2, line 17, of the printed bill, delete " members " and insert " member-managers or managers ".

     On page 2, line 24, overstrike "its" and insert " the corporate ".

     On page 2, line 24, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 3, line 1, after " partners " insert " of partnerships ".

     On page 3, line 5, delete " member " and insert " member-manager, manager ".

     On page 3, line 9, delete " members " and insert " member-managers or managers ".

     On page 3, line 21, overstrike "its" and insert " the corporate ".

     On page 3, line 21, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 3, line 22, after " partners " insert " of partnerships ".

     On page 4, line 2, delete " member " and insert " member-manager, manager ".

     On page 4, line 6, delete " members " and insert " member-managers or managers ".

     On page 4, line 17, overstrike "its" and insert " the corporate ".

     On page 4, line 17, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 4, line 18, after " partners " insert " of partnerships ".

     On page 4, line 22, delete " member " and insert " member-manager, manager ".

     On page 5, line 2, delete " members " and insert " member-managers or managers ".

     On page 6, line 12, delete " members " and insert " member-managers or managers ".

     On page 6, line 19, overstrike "its" and insert " the corporate ".

     On page 6, line 19, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 6, line 20, after " partners " insert " of partnerships ".

     On page 6, line 24, delete " member " and insert " member-manager, manager ".

     On page 7, line 4, delete " members " and insert " member-managers or managers ".

     On page 8, line 14, delete " members " and insert " member-managers or managers ".

     On page 8, line 21, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 8, line 21, after " partners " insert " of partnerships ".

     On page 8, line 24, delete " member " and insert " member-manager, manager ".

     On page 9, line 3, delete " member " and insert " member-manager, manager ".

     On page 10, line 12, delete " members " and insert " member-managers or managers ".

     On page 10, line 18, overstrike "its" and insert " the corporate ".

     On page 10, line 19, delete " members " and insert " member-managers or managers of limited liability companies ".

     On page 10, line 19, after " partners " insert " of partnerships ".

     On page 10, line 23, delete " member " and insert " member-manager, manager ".

     On page 11, line 3, delete " members " and insert " member-managers, managers ".


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

MOTION:     DO PASS HB 1022 AS AMENDED

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

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

Excused:    Cutler

        
HB 1066: revise certain responsibilities of the Supreme Court regarding the Commission on Judicial Qualifications.

Proponents:    Rich Sattgast, State Auditor
        Judith Roberts, Unified Judicial System

MOTION:     DO PASS HB 1066

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

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

Excused:    Cutler

MOTION:     PLACE HB 1066 ON CONSENT CALENDAR

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

The gavel was passed to Representative David Lust.

        
HB 1080: revise certain provisions relating to internet and mail order sales of cigarettes and tobacco products.

Proponents:    Scott Swier, Office of Attorney General
        Ron Olinger, SD Retailers Association

MOTION:     DO PASS HB 1080

Moved by:    Engels
Second by:    Feinstein
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1080

1080ra

     On page 8 of the printed bill, delete lines 12 to 24, inclusive.

     On page 9, delete lines 1 to 14, inclusive.


Moved by:    Feinstein
Second by:    Gibson
Action:    Failed by roll call vote. (3-8-2-0)

Voting Yes:    Feinstein, Gibson, Killer

Voting No:    Engels, Gosch, Hamiel, Hoffman, Lust, Moser, Schlekeway, Turbiville

Excused:    Hunt, Cutler

MOTION:     DO PASS HB 1080

Moved by:    Engels
Second by:    Feinstein
Action:    Failed by roll call vote. (5-6-2-0)

Voting Yes:    Engels, Hamiel, Lust, Moser, Schlekeway

Voting No:    Feinstein, Gibson, Gosch, Hoffman, Killer, Turbiville

Excused:    Hunt, Cutler

        CHAIR DEFERRED ACTION ON HB 1080.

         HB 1110: repeal certain provisions relating to limited liability for Y2K litigation.

Presented by:    Representative Richard Engels

MOTION:     DO PASS HB 1110


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

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

Excused:    Cutler

MOTION:     PLACE HB 1110 ON CONSENT CALENDAR

Moved by:    Feinstein
Second by:    Turbiville
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Turbiville
Second by:    Schlekeway
Action:    Prevailed by voice vote.

Linda Daugaard

____________________________

Committee Secretary
Roger Hunt, Vice-Chair