House Judiciary Minutes 01/25/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: House Judiciary

Friday, January 25, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
E    Gillespie
P    Hennies (Thomas)
P    Jensen
E    Madsen
P    McCaulley
P    Monroe
P    Murschel
E    Nachtigal
P    Sebert
P    Valandra
P    Michels, Vice-Chair
P    Brown (Jarvis), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Jarvis Brown, Chair

MOTION:     TO APPROVE THE MINUTES OF JANUARY 23, 2002

Moved by:    Hennies (Thomas)
Second by:    Sebert
Action:    Prevailed by voice vote.

         HB 1203: revise the procedure for foreclosure by advertisement.

Presented By:    Representative McCaulley
Proponents:    Chad Hanson, Dakota Homestead Title Co
        Brent Wilbur, SD Bankers
        Dean Krogman, Indpendent Community Bankers

MOTION: AMEND HB 1203

On page 2, after line 22 of the printed bill, insert:

" Section 4. That § 21-48-23 be amended to read as follows:

21-48-23. A record of foreclosure sale must be made as follows:

(1) An affidavit of the publication of the notice of sale and of any notice of postponement must be made by the printer or publisher of the newspaper in which such notice was published, or some person in his employ knowing the facts;

(2) An affidavit by the person foreclosing the mortgage, or his attorney, or someone knowing the facts, setting forth the facts relating to the military service status of the owner of the mortgaged premises at the time of sale which affidavit, where such may be required, may also set forth the fact of service of notice of sale upon the secretary of the treasury of the United States of America or his delegate in accordance with the provisions of subsection (c) (1) of section 7425 of the Internal Revenue Code of 1954 as amended by Public Law 89-719, known as the Federal Tax Lien Act of 1966, and as amended through January 1, 1987;

(3) An affidavit executed by the person foreclosing the mortgage, that person's attorney or someone knowing the facts, stating that the mortgagor and any person who is required to receive notice under section 3 of this Act have been given notice of the foreclosure and that no request for foreclosure by action has been made;

(4) Such affidavits and the certificate of sale hereinabove provided for, must be recorded at length by the register of deeds of the county in which the real property is situated in a book kept for that purpose, and such original instruments, or the records thereof, or certified copies of such records, shall be prima facie evidence of the facts therein contained;

~~(4)~~ (5) A note shall be made by the register of deeds in the margin of the record of any mortgage which has been foreclosed, showing the book and page where the evidence of such foreclosure sale is recorded. ".

Moved by:    Monroe
Second by:    Murschel
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1203 AS AMENDED

Moved by:    Murschel
Second by:    Hennies (Thomas)
Action:    Prevailed by roll call vote.(9-0-4-0)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, McCaulley, Monroe, Murschel, Sebert, Valandra, Brown (Jarvis)

Excused:    Gillespie, Madsen, Nachtigal, Michels

MOTION:     PLACE HB 1203 ON CONSENT CALENDAR

Moved by:    Murschel
Second by:    McCaulley
Action:    Failed by voice vote.

         HB 1175: allow punitive damages in a barratry action.

Presented By:    Representative McCaulley

MOTION:     TO TABLE HB 1175

Moved by:    McCaulley
Second by:    Sebert
Action:    Prevailed by roll call vote.(8-1-4-0)

Voting Yes:    Bartling, Hennies (Thomas), Jensen, McCaulley, Murschel, Sebert, Valandra, Brown (Jarvis)

Voting No:    Monroe

Excused:    Gillespie, Madsen, Nachtigal, Michels

         HB 1170: provide certain provisions regarding assaults against law enforcement personnel and to provide a criminal penalty therefor.

Presented By:    Representative McCoy
Proponents:    Dick Tieszen, SD Chiefs of Police
        Roger Tellinghuisen, SD Trial Lawyers Association
        Charlie McGuigan, SD Attorney Generals Office

MOTION: AMEND HB 1170

On page 1, line 4 of the printed bill, delete " otherwise " .

On page 1 , line 6, delete " Class 6 felony " and insert "Class 1 misdemeanor".

Moved by:    Sebert
Second by:    Jensen
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1170

On page 1, line 4 of the printed bill, delete " intentionally " and insert ", with intent to assault,".

On page 1 , line 6, after " 22-1-2(22) " insert ", while performing official duties or actions,".

Moved by:    Hennies (Thomas)
Second by:    Jensen
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1170 AS AMENDED

Moved by:    Hennies (Thomas)
Second by:    Monroe
Action:    Was not acted on.

MOTION:     AMEND HB 1170

On page 1, line 6 of the printed bill, delete " Class 6 felony " and insert "Class 1 misdemeanor".

Moved by:    Sebert
Second by:    Murschel
Action:    Prevailed by roll call vote.(4-5-4-0)

Voting Yes:    Hennies (Thomas), McCaulley, Monroe, Michels

Voting No:    Bartling, Jensen, Murschel, Sebert, Valandra

Excused:    Gillespie, Madsen, Nachtigal, Brown (Jarvis)

MOTION:     TO TABLE HB 1170

Moved by:    Monroe
Second by:    Hennies (Thomas)
Action:    Failed by roll call vote.(4-5-4-0)

Voting Yes:    Hennies (Thomas), McCaulley, Monroe, Michels

Voting No:    Bartling, Jensen, Murschel, Sebert, Valandra

Excused:    Gillespie, Madsen, Nachtigal, Brown (Jarvis)

MOTION:     AMEND THE AMENDMENT

On page 1, line 4 of the printed bill, delete " otherwise " .

Moved by:    Jensen
Second by:    Monroe
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1170 AS AMENDED

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

Voting Yes:    Bartling, Hennies (Thomas), Jensen, McCaulley, Monroe, Murschel, Sebert, Valandra, Michels

Excused:    Gillespie, Madsen, Nachtigal, Brown (Jarvis)

         HB 1160: repeal certain tort liability arising out of causes of action based on reduction, abduction, and alienation of affections.

Presented By:    Representative Adelstein

MOTION: AMEND HB 1160

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

"
Section 1. That § 20-9-7 be amended to read as follows:

20-9-7. The rights of personal relation forbid:

(1) The abduction of a husband from his wife or of a parent from his child;

(2) The abduction or enticement of a wife from her husband, of a child from a parent, or from a guardian entitled to its custody;

(3) The seduction of a wife, daughter, or orphan sister ;

(4) The seduction of a husband, son, or orphan brother . "

Moved by:    Valandra
Action:    Died for a lack of a second

MOTION:     DO PASS HB 1160

Moved by:    Murschel
Second by:    Sebert
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1160 TO THE 36^TH LEGISLATIVE DAY

Moved by:    McCaulley
Second by:    Monroe
Action:    Prevailed by roll call vote.(7-2-4-0)

Voting Yes:    Bartling, Hennies (Thomas), McCaulley, Monroe, Sebert, Valandra, Michels

Voting No:    Jensen, Murschel

Excused:    Gillespie, Madsen, Nachtigal, Brown (Jarvis)

         HB 1189: establish the crime of air piracy and to increase the penalty for theft of certain aircraft.

Presented By:    Representatvie Wick

MOTION: AMEND HB 1189

On page 1 of the printed bill, delete lines 11 to 14 , inclusive.

On page 2 , delete line 1 .

Moved by:    McCaulley
Second by:    Monroe
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1189 AS AMENDED

Moved by:    Monroe
Second by:    Jensen
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    McCaulley
Second by:    Jensen
Action:    Prevailed by voice vote.

____________________________

Committee Secretary

Matthew Michels, Vice-Chair

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