P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Joni Cutler, Chair.
MOTION:
TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 11, 2009.
E - Excused
A - Absent
P Engels
P Feinstein
E Gibson
P Gosch
P Hamiel
P Hoffman
P Hunt, Vice-Chair
E Killer
P Lust
P Moser
P Schlekeway
P Turbiville
P Cutler, Chair
Moved by: Turbiville
Second by: Hoffman
Action: Prevailed by voice vote.
HB 1101: allow affidavits for change of judge in habeas corpus actions.
Presented by: Representative Brian Gosch
Proponents: Chuck Schroyer, States Attorneys Association
Jesse Sondreal, Self, Sturgis
MOTION:
DO PASS HB 1101
Moved by: Moser
Second by: Schlekeway
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: Engels, Feinstein, Gosch, Hoffman, Hunt, Lust, Moser, Schlekeway, Turbiville,
Cutler
Excused: Gibson, Hamiel, Killer
MOTION:
PLACE HB 1101 ON CONSENT CALENDAR
Moved by: Engels
Second by: Hoffman
Action: Failed by voice vote.
HB 1246: revise certain provisions relating to service of garnishee summons,
affidavit, and garnishment disclosure.
Presented by: Representative Brian Gosch
Proponents: Greg Adamson, Collectors Association
Drew Duncan, Collectors Association
MOTION:
AMEND HB 1246
"
Section 2. That
§
21-18-10
be amended to read as follows:
21-18-10.
The garnishee summons and affidavit shall also be served on the defendant to the
action, either before or within thirty days after service on a garnishee,
except when
unless
service
of the summons in the action is made without the state or by publication. If the defendant appears
in the action by attorney, such service may be made upon such attorney or upon the defendant.
Unless the garnishee summons is served on the defendant or the defendant's attorney in accordance
with the provisions of this section, the service on the garnishee is void and of no effect from the
beginning.
".
Linda Daugaard