74th Legislative Session -- 1999

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Duniphan
E      Earley
P      Fitzgerald
P      Koehn
P      McIntyre
P      Michels
E      Nachtigal
P      Slaughter
P      Volesky
P      Wilson
P      Young
P      Hunt, Vice-Chair
P      Brown (Jarvis), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Jarvis Brown.

MOTION:      TO APPROVE THE MINUTES OF January 25, 1999.

Moved by:      Representative Duniphan
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

          HB 1090:   revise administrative procedures regarding the filing of a notice of appeal, an application for a stay pending appeal, and the time for serving briefs.

Proponents:      Tom Barnett, State Bar Association
Opponents:      None

MOTION:      DO PASS HB 1090

Moved by:      Representative Volesky
Second by:      Representative Duniphan

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Action:      Prevailed by roll call vote.   (10-0-3-0)

Voting yes:      Duniphan, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Brown (Jarvis)

Excused:      Earley, Nachtigal, Hunt

MOTION:      PLACE HB 1090 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

          HB 1091:   provide for the confidentiality of stipulations regarding the value of an estate being probated and decrees regarding the inheritance tax due.

Proponents:      Tom Barnett, State Bar Association
Opponents:      None

MOTION:      AMEND HB 1091

r-1091

     On page 1 , line 8 of the printed bill , delete " are confidential " and insert " shall be sealed " .

Moved by:      Representative Duniphan
Second by:      Representative McIntyre
Action:      Prevailed by voice vote.

MOTION:      TO AMEND TITLE OF HB 1091

r-1091t

     On page 1 , line 1 of the printed bill , delete " for the confidentiality of " and insert " that " .

     On page 1 , line 2 , after " due " insert " be sealed " .

Moved by:      Representative Michels
Second by:      Representative Duniphan
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1091 AS AMENDED

Moved by:      Representative Duniphan

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Second by:      Representative Koehn
Action:      Prevailed by roll call vote.   (10-0-3-0)

Voting yes:      Duniphan, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Brown (Jarvis)

Excused:      Earley, Nachtigal, Hunt

MOTION:      PLACE HB 1091 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

          HB 1092:   revise certain provisions regarding the appointment of a special administrator for probate.

Proponents:      Tom Barnett, State Bar Association
Opponents:      None

MOTION:      DO PASS HB 1092

Moved by:      Representative Koehn
Second by:      Representative Young
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Duniphan, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Excused:      Earley, Nachtigal

MOTION:      PLACE HB 1092 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

          HB 1093:   exempt limited liability companies from the filing fee for the first annual report under certain circumstances.

Proponents:      Tom Barnett, State Bar Association
Opponents:      None

MOTION:      DO PASS HB 1093

Moved by:      Representative Duniphan

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Second by:      Representative Hunt
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Duniphan, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Excused:      Earley, Nachtigal

MOTION:      PLACE HB 1093 ON CONSENT

Moved by:      Representative Fitzgerald
Second by:      Representative Wilson
Action:      Prevailed by voice vote.

          HB 1094:   revise certain guardianship and conservatorship provisions regarding appointment hearings, financial statements, and successors.

Proponents:      Tom Barnett, State Bar Association
Opponents:      None

MOTION:      DO PASS HB 1094

Moved by:      Representative Fitzgerald
Second by:      Representative Michels
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Duniphan, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Excused:      Earley, Nachtigal

MOTION:      PLACE HB 1094 ON CONSENT

Moved by:      Representative McIntyre
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

          HB 1102:   revise certain provisions regarding the disclaimer of a property interest a person is entitled to by will or intestate succession.

Proponents:      Tom Barnett, State Bar Association
Opponents:      None

MOTION:      DO PASS HB 1102

Moved by:      Representative Volesky

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Second by:      Representative Hunt
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Duniphan, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Excused:      Earley, Nachtigal

MOTION:      PLACE HB 1102 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative Michels
Action:      Prevailed by voice vote.

          HB 1103:   increase the per diem paid to jurors.

Proponents:      Tom Barnett, State Bar Association
          Mike Buenger, Unified Judicial System
Opponents:      None

MOTION:      DO PASS HB 1103

Moved by:      Representative Hunt
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Duniphan, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Excused:      Earley, Nachtigal

MOTION:      PLACE HB 1103 ON CONSENT

Moved by:      Representative McIntyre
Second by:      Representative Wilson
Action:      Failed by voice vote.

          HB 1019:   provide for a statewide public defender program for indigents charged with certain high-grade felonies.

Proponents:      Dick Howard, Executive Director, Co. Commissioner's Assn. (Document 1)
          Bob Frieberg, SD Trial Lawyer's Assn.
          Mike Buenger, Unified Judicial System
          Tom Barnett, State Bar Assn.
Opponents:      Curt Everson, Commissioner, Bureau of Finance and Management

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MOTION:      TO REQUEST FISCAL NOTES ON HOUSE BILL #1019.

Moved by:      Representative Hunt
Second by:      Representative Duniphan
Action:      Prevailed by voice vote.

MOTION: DEFER HB 1019 UNTIL FISCAL IMPACT NOTE HAS BEEN
        SUPPLIED

Moved by:      Representative Hunt
Second by:      Representative Young
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Representative Duniphan
Second by:      Representative Hunt
Action:      Prevailed by voice vote.

Elizabeth L. Markley

Committee Secretary