84th Legislative Session _ 2009

Committee: House Judiciary
Wednesday, February 18, 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, FEBRUARY 13, 2009.

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

 MOTION:     REMOVE HB 1036 FROM THE TABLE

Moved by:    Turbiville
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

         HB 1036: revise the uniform commercial code.

Proponents:    Roger Tellinghuisen, Trial Lawyers Association

MOTION:     AMEND HB 1036

1036ta

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

     "      Section 1. That § 57A-9-523 be amended to read as follows:

     57A-9-523.   (a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to § 57A-9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:

             (1)      Note upon the copy the number assigned to the record pursuant to § 57A-9-519(a)(1) and the date and time of the filing of the record; and

             (2)      Send the copy to the person.

     (b) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:

             (1)      The information in the record;

             (2)      The number assigned to the record pursuant to § 57A-9-519(a)(1); and

             (3)      The date and time of the filing of the record.

     (c) The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:

             (1)      Whether there is on file on a date and time specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:
             (A)      Designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;

             (B)      Has not lapsed under § 57A-9-515 with respect to all secured parties of record; and

             (C)      If the request so states, has lapsed under § 57A-9-515 and a record of which is maintained by the filing office under § 57A-9-522(a);

             (2)      The date and time of filing of each financing statement; and

             (3)      The information provided in each financing statement. However, if the financing statement contains a social security or employer identification number which has not been supplied by the person requesting the information, such number shall be redacted prior to providing the information. In the case of financing statements recorded in the office of the register of deeds, the requirement for redaction of social security or employer identification numbers only applies to financing statements recorded after July 1, 2009.

     (d) In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.

     A computer printout from the centralized computer system established by the secretary of state constitutes the certificate of the secretary of state as to whether there is on file, on the date and hour stated thereon, a financing statement covering the following collateral: farm products or accounts, or livestock, or general intangibles arising from or relating to the sale of farm products by a farmer, or crops growing or to be grown, or equipment used in farming operations.

     The secretary of state shall, upon a telephone request, furnish to any person, company, or corporation, information as to whether a financing statement describing farm collateral has been filed in the Office of the Secretary of State and, if such financing statement has been filed, the secretary of state shall also furnish the name and business address of the secured creditor. However, the secretary of state need not answer telephone inquiries in writing nor send written confirmation from a telephone request. The secretary of state is not responsible for accuracy and completeness of the information furnished verbally in response to a telephone request. The secretary of state shall provide a toll-free telephone number to provide access for telephone requests.

     (e) The filing office shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the request. "

Moved by:    Turbiville
Second by:    Gosch
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:     AMEND TITLE OF HB 1036

1036tta

     On page 1, line 1, of the printed bill, delete everything after "to" and insert "require the redaction of certain numbers before furnishing copies of information.".


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

         THE CHAIR DEFERRED ACTION ON HB 1036 UNTIL FRIDAY, FEBRUARY 20, 2009.

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

         HB 1146: prohibit the torture of animals and to provide certain penalties therefor.

Presented by:    Representative Joni Cutler
Proponents:    Rosey Quinn, Self, Sioux Falls (Handouts: #1)
        Dan Lederman, Self, Dakota Dunes
Opponents:    Brad Greenway, Self, Mitchell
        Todd Mortenson, Cattlemen's Association
        Lori Huber, Self, Irene (Handouts: #2, #3)
        Linda Van Den Hoek, Self, Corsica
        Jeremy Freking, Biotech Association
        Troy Hadrick, Self, Vale
        Johnny Kerstiens, Farmers Union
        Sam Holland, Animal Industry Board
        Amber Brady, Department of Agriculture

MOTION:     DEFER HB 1146 TO THE 41ST LEGISLATIVE DAY

Moved by:    Turbiville

Second by:    Hoffman
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 1208: establish certain presumptions concerning the results of blood, breath, and urine tests administered in connection with driving under the influence arrests.

Presented by:    Representative Richard Engels
Proponents:    Chuck Schroyer, States Attorneys Association
        Kelly Marnette, Hughes County States Attorney
Opponents:    Roger Tellinghuisen, Trial Lawyers Association

MOTION:     DEFER HB 1208 TO THE 41ST LEGISLATIVE DAY

Moved by:    Turbiville
Second by:    Gosch
Action:    Prevailed by roll call vote. (7-5-1-0)

Voting Yes:    Gosch, Hamiel, Hunt, Killer, Lust, Moser, Turbiville

Voting No:    Engels, Feinstein, Gibson, Hoffman, Schlekeway

Excused:    Cutler

         HB 1287: permit evidence of the defendant's commission of other acts of child molestation to be admissible in certain child molestation cases.

Presented by:    Representative Lance Russell
Proponents:    Dan Todd, Department of Social Services
Opponents:    Roger Tellinghuisen, Trial Lawyers Association

MOTION:     DEFER HB 1287 TO THE 41ST LEGISLATIVE DAY

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

MOTION:     SUBSTITUTE MOTION DO PASS HB 1287

Moved by:    Moser
Second by:    Schlekeway
Action:    Failed by roll call vote. (6-6-1-0)

Voting Yes:    Hamiel, Hoffman, Hunt, Lust, Moser, Schlekeway

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

Excused:    Cutler

MOTION:     DEFER HB 1287 TO THE 41ST LEGISLATIVE DAY

Moved by:    Engels
Second by:    Feinstein
Action:    Failed by roll call vote. (6-6-1-0)

Voting Yes:    Engels, Feinstein, Gibson, Gosch, Killer, Turbiville

Voting No:    Hamiel, Hoffman, Hunt, Lust, Moser, Schlekeway

Excused:    Cutler

        THE CHAIR DEFERRED FINAL ACTION ON HB 1287 UNTIL FRIDAY, FEBRUARY 20, 2009.

MOTION:     ADJOURN

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

Linda Daugaard

____________________________

Committee Secretary
Joni M. Cutler, Chair