74th Legislative Session -- 1999
Committee: Senate Judiciary
Wednesday, February 10, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Dunn (Rebecca)
P
Everist
P
Flowers
P
Moore
P
Munson (David)
P
Daugaard, Vice-Chair
P
Whiting, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Whiting
MOTION:
TO APPROVE THE MINUTES OF February 8, 1999
Moved by:
Senator Daugaard
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
HB 1022:
provide for an extension of the period of imprisonment as a condition for
probation or suspension of sentence.
Proponents:
Max Gors, UJS
Presented by:
Senator Albers
MOTION:
DO PASS HB 1022
Moved by:
Senator Flowers
Second by:
Senator Moore
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Dunn (Rebecca), Flowers, Moore, Munson (David), Daugaard, Whiting
Excused:
Everist
MOTION:
PLACE HB 1022 ON CONSENT
Moved by:
Senator Flowers
Second by:
Senator Moore
Action:
Failed by voice vote.
HB 1003:
provide for the recovery of certain expenses in an action brought to court
by any governmental subdivision relative to the assessment of property.
Proponents:
R. Thornton Vallery, self
Gwenn Vallery, self
Rick Vallery, self (2 Documents)
Opponents:
Jim Fry, REV
Dick Howard, SDACC
Presented by:
Representative McNenny
MOTION:
AMEND HB 1003
r-1003b
On page
1
,
line
6 of the House engrossed bill
,
delete "
shall
"
and insert "
may
"
.
On page
1
,
line
7
,
delete "
governmental subdivision
"
and insert "
appellant
"
.
On page
1
,
line
8
,
delete "
governmental subdivision
"
and insert "
appellant
"
.
On page
1
,
line
13
,
delete "
by any governmental subdivision
"
and insert "
against any appellant
"
.
On page
1
,
line
14
,
delete "
governmental subdivision
"
and insert "
appellant
"
.
Moved by:
Senator Daugaard
Second by:
Senator Everist
Action:
Prevailed by voice vote.
The Chair deferred HB 1003 until February 12, 1999.
HB 1091:
provide that stipulations regarding the value of an estate being probated
and decrees regarding the inheritance tax due be sealed.
Proponents:
David Owen, SD Chamber of Commerce
Opponents:
Allen Eide, DOR
Presented by:
Tom Barnett, State Bar
MOTION:
AMEND HB 1091
r-1091c
On page
1
,
line
15 of the House engrossed bill
,
delete "
Nothing in this chapter prohibits the
Department of
"
.
On page
1
,
delete line
16
.
On page
2
,
delete lines
1
to
5
, inclusive
.
Moved by:
Senator Moore
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1091
r-1091a
On page
1
,
line
9 of the House engrossed bill
,
after "
to
"
insert "
abstractors or
"
.
Moved by:
Senator Moore
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1091
r-1091b
On page
1
,
line
12 of the House engrossed bill
,
delete "
relative
"
and insert "
client, relatives
"
.
Moved by:
Senator Everist
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1091 AS AMENDED
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
MOTION:
PLACE HB 1091 ON CONSENT
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by voice vote.
HB 1092:
revise certain provisions regarding the appointment of a special
administrator for probate.
Presented by:
Tom Barnett
MOTION:
DO PASS HB 1092
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
MOTION:
PLACE HB 1092 ON CONSENT
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by voice vote.
HB 1093:
exempt limited liability companies from the filing fee for the first annual
report under certain circumstances.
Presented by:
Tom Barnett, State Bar
MOTION:
DO PASS HB 1093
Moved by:
Senator Everist
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
MOTION:
PLACE HB 1093 ON CONSENT
Moved by:
Senator Everist
Second by:
Senator Moore
Action:
Prevailed by voice vote.
HB 1094:
revise certain guardianship and conservatorship provisions regarding
appointment hearings, financial statements, and successors.
Proponents:
Chuck Schroyer, SD Land Title Assoc.
Presented by:
Tom Barnett, State Bar Assoc.
MOTION:
AMEND HB 1094
r-1094
On page
2
,
line
2 of the printed bill
,
after "
to
"
insert "
abstractors or
"
.
Moved by:
Senator Everist
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1094 AS AMENDED
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
MOTION:
PLACE HB 1094 ON CONSENT
Moved by:
Senator Everist
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
HB 1071:
revise the residency requirement for magistrate judges.
Proponents:
Tom Barnett, State Bar Assoc.
Presented by:
Mike Buenger, UJS
MOTION:
DO PASS HB 1071
Moved by:
Senator Munson (David)
Second by:
Senator Moore
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
MOTION:
PLACE HB 1071 ON CONSENT
Moved by:
Senator Flowers
Second by:
Senator Moore
Action:
Prevailed by voice vote.
HB 1217:
revise the procedure for determining the period of time that has elapsed
for a person who was previously convicted of driving under the influence.
Presented by:
Senator Ham
The Chair deferred HB 1217 until February 12, 1999.
HB 1113:
revise certain provisions concerning the release of information about
children in correctional or detention facilities.
Proponents:
Representative Hennies
Presented by:
Senator Ham
MOTION:
DO PASS HB 1113
Moved by:
Senator Flowers
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting
MOTION:
PLACE HB 1113 ON CONSENT
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 203:
enact the Uniform Prudent Investor Act.
Presented by:
Senator Everist
The Chair deferred SB 203 until February 12, 1999.
MOTION:
ADJOURN
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
Carol A. Glass
_________________________________
Committee Secretary
Fred Whiting, Chair
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