82nd Legislative Session _ 2007

Committee: Senate Judiciary
Friday, February 02, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah, Chair
P    Albers
P    Heidepriem
P    Knudson, Vice-Chair
P    Schmidt (Dennis)
P    Turbak
P    Koetzle

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Gene G. Abdallah, Chair

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 31, 2007

Moved by:    Koetzle
Second by:    Turbak
Action:    Prevailed by voice vote.

The Chair deferred SB 136 until Wednesday, February 7, 2007.

The Chair deferred SB 168 until Wednesday, February 7, 2007.

         SB 85: revise the uniform commercial code.

Presented by:    Senator Dave Knudson

MOTION:     DEFER SB 85 TO THE 41ST LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Albers
Action:    Prevailed by roll call vote.(7-0-0-0)



Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

         SB 97: revise certain miscellaneous provisions of the trust statutes.

Presented by:    Senator Dave Knudson
Proponents:    Pat Goetzinger, self, Rapid City
        Jeremiah D. Murphy, self, Sioux Falls (handout #1)

MOTION:     AMEND SB 97

97rc
     On page 2 of the printed bill, delete line 22 , and insert "written notice of the transfer to the other party to the marriage.".

     On page 3 , delete lines 13 to 24 , inclusive.

     On page 4 , delete lines 1 to 10 , inclusive.

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 97

97rb
     On page 2 of the printed bill, delete lines 12 to 24 , inclusive.

     On page 3 , delete lines 1 to 12 , inclusive.

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

MOTION:     DO PASS SB 97 AS AMENDED

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak


Voting No:    Koetzle

The Gavel was passed to Senator Dave Knudson, Vice-Chair

         SB 98: revise or clarify certain provisions relating to the classification and creation of trusts.

Presented by:    Senator Dave Knudson
Proponents:    Frances Becker, self, Rapid City

MOTION:     DO PASS SB 98

Moved by:    Turbak
Second by:    Koetzle
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

The gavel was returned to Senator Gene G. Abdallah, Chair

MOTION:     PLACE SB 98 ON CONSENT CALENDAR

Moved by:    Turbak
Second by:    Knudson
Action:    Prevailed by voice vote.

         SB 99: adopt the Uniform Principal and Income Act.

Presented by:    Senator Dave Knudson (handout #2)

MOTION:     DO PASS SB 99

Moved by:    Albers
Second by:    Turbak
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

MOTION:     PLACE SB 99 ON CONSENT CALENDAR

Moved by:    Knudson
Second by:    Turbak
Action:    Prevailed by voice vote.



         SB 144: define certain offenses and to establish certain requirements related to immigrants and aliens.

Presented by:    Senator Frank Kloucek (handout #3)
Proponents:    Lee Brodus, self, Freeman
Opponents:    Andrew Szilvasi, Department of Labor

MOTION:     DEFER SB 144 TO THE 41ST LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak

Voting No:    Koetzle

         SB 142: provide for collection of certain workers' compensation defaults by court order.

Presented by:    Senator Tom Katus
Proponents:    Rex Hagg, self, Rapid City
        Pam Roberts, Department of Labor
Opponents:    David Owen, SD Chamber of Commerce & Industry
        Mike Shaw, Property Casualty Insurance Assn. Of America

MOTION:     AMEND SB 142

142ra
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 62-7-31 be amended to read as follows:
     62-7-31.   Any party in interest may, after expiration of the time for a petition for review or appeal, present a memorandum of agreement, approved by the department, or a certified copy of any portion of an order or decision of the department , from which no petition for review or appeal has been filed, together with all papers in connection with the case, to the circuit court for the county in which the injury occurred whereupon . Thereupon the court shall render a judgment in accordance therewith and with the memorandum of agreement or portion of any order or decision of the department from which no petition for review has been filed, and the court shall notify the parties. Such The judgment shall have the same effect and in all proceedings in relation thereto be the same as though rendered in an action duly heard and determined by the court except that there shall be no appeal therefrom may be

made on questions of fact. "


Moved by:    Turbak
Second by:    Heidepriem
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 142 AS AMENDED

Moved by:    Turbak
Second by:    Heidepriem
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

Voting No:    Abdallah, Albers

MOTION:     TO AMEND TITLE OF SB 142

142fta
     On page 1, line 2 of the printed bill, delete " defaults " .

Moved by:    Knudson
Second by:    Turbak
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Schmidt (Dennis)
Second by:    Albers
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair