84th Legislative Session _ 2009

Committee: House Judiciary
Monday, February 02, 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 30, 2009.

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

        THE CHAIR DEFERRED HB 1080 UNTIL MONDAY, FEBRUARY 9, 2009.

        
HB 1122: require that prosecutors notify victims of domestic abuse regarding the status of their case.

Presented by:    Representative David Novstrup


Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Deb Bowman, Secretary of the Department of Social Services

MOTION:     DO PASS HB 1122

Moved by:    Hamiel
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:     PLACE HB 1122 ON CONSENT CALENDAR

Moved by:    Lust
Second by:    Moser
Action:    Failed by voice vote.

        THE CHAIR DEFERRED HB 1123 UNTIL MONDAY, FEBRUARY 9, 2009.

        
HB 1138: provide for the defeasance of the Commission on the Status of Women.

Presented by:    Representative Richard Engels
Opponents:    Susan Nolan, Self, Rapid City
        Mandy Hagseth, SD Advocacy Network for Women
        Evelyn Griesse, Self, Sioux Falls

MOTION:     DO PASS HB 1138

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

MOTION:     SUBSTITUTE MOTION AMEND HB 1138

1138ra

     On the printed bill, delete everything after the enacting clause and insert:

     "      Section 1. That § 20-14-1 be amended to read as follows:

     20-14-1.   The Commission on the Status of Women People is hereby created to make studies and conduct research into the status of women people in this state and the nation, and suggest ways in which women people may reach their potential and make their full contribution as wage earners and citizens, to society and this state.

     Section 2. That § 20-14-2 be amended to read as follows:

     20-14-2.   The commission shall consist of twelve members appointed by the Governor from the state at large. The Governor shall appoint the chairman chair of the commission. The Governor shall make appointments to the commission for terms of three years, except appointments to fill vacancies which shall be for the unexpired term(s) term . No more than seven members of the commission shall be members of the same political party.

     Section 3. That § 20-14-3 be amended to read as follows:

     20-14-3.   The commission shall elect a vice-chairman vice-chair , secretary, and treasurer which, with the chairman chair , shall compose the executive committee. Each officer, with the exception of the chairman chair , shall serve a one-year term or until his a successor is elected and qualified. No officer shall serve more than two consecutive terms in the same office.

     Section 4. That § 20-14-4 be amended to read as follows:

     20-14-4.   A majority of the commission's members shall constitute a quorum. The commission shall meet once each quarter of the year. At the meeting in the fourth quarter, officers shall be elected. Special meetings may be called by the chairman chair or two members of the executive committee.

     Section 5. That § 20-14-5 be amended to read as follows:

     20-14-5.   The members of the commission shall receive no compensation for their services, but shall be reimbursed for their expenses according to regulations set up by the State Board of Finance. Such claims and expenditures shall be paid out of funds appropriated on warrants drawn by the state auditor upon duly itemized vouchers approved by the chairman chair of the commission.

     Section 6. That § 20-14-6 be amended to read as follows:

     20-14-6.   The commission shall continue the work of the Governor's Commission on the Status of Women People as appointed by executive order in July 1963, but shall assist the commission in its studies. "



Moved by:    Feinstein
Second by:    Gibson
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1138

Moved by:    Turbiville
Second by:    Engels
Action:    Prevailed by roll call vote. (9-4-0-0)

Voting Yes:    Engels, Gosch, Hamiel, Hoffman, Hunt, Lust, Schlekeway, Turbiville, Cutler

Voting No:    Feinstein, Gibson, Killer, Moser

        
HB 1144: revise certain provisions relating to the joint and several liability of a husband and wife for necessities.

Presented by:    Representative Jamie Boomgarden
Proponents:    Dean Krogman, SD Collectors Association

MOTION:     DEFER HB 1144 TO THE 41ST LEGISLATIVE DAY.

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

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

Voting No:    Engels

MOTION:     ADJOURN

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

Linda Daugaard

____________________________

Committee Secretary
Joni M. Cutler, Chair