74th Legislative Session -- 1999

Committee: Senate Judiciary

                                            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 amend the minutes of February 17, 1999 as follows:

        To delete the tabling motion of j-1101d and that the minutes reflect that there was         no action taken on r-1101.

Moved by:      Senator Daugaard
Second by:      Senator Everist
Action:      Prevailed by voice vote.

MOTION:      TO APPROVE THE MINUTES OF February 17, 1999 as amended

Moved by:      Senator Daugaard
Second by:      Senator Everist
Action:      Prevailed by voice vote.

          HB 1279:   revise certain provisions regarding mechanics'' liens.

Proponents:      Larry Zikmund, AGC of SD, Building Chapter
          Gregg Brewers, AGC of SD, Building Chapter
          Rich Sattgast, ADACO
          Jim Keyes, AGC of SD
Presented by:      Senator Brown

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MOTION:      DO PASS HB 1279

Moved by:      Senator Munson (David)
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Dunn (Rebecca), Flowers, Moore, Munson (David), Daugaard, Whiting

Excused:      Everist

          HB 1101:   authorize professional corporations comprised of health care professionals of more than one profession.

Opponents:      Dave Gerdes, SD Medical Association
Presented by:      Representative Hunt

MOTION:      AMEND HB 1101 (pending from February 17, 1999)

r-1101

     That the previously adopted amendment (d-1101), be amended by deleting "chapter" and inserting "chapters 36-4 and".

Moved by:      Senator Everist
Second by:      Senator Moore
Action:      Prevailed by voice vote.

MOTION:      DEFER HB 1101 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Daugaard
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Munson (David), Daugaard, Whiting

Voting no:      Moore

          HB 1208:   provide for the termination of a spousal joint tenancy by an interested person.

Presented by:      Representative Hunt

MOTION:      DO PASS HB 1208

Moved by:      Senator Munson (David)
Second by:      Senator Dunn (Rebecca)

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Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Moore, Whiting

Voting no:      Munson (David), Daugaard

MOTION:      PLACE HB 1208 ON CONSENT

Moved by:      Senator Munson (David)
Second by:      Senator Flowers
Action:      Prevailed 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:      Jim Fry, Department of Revenue
Opponents:      Dick Howard, County Commissioners Assoc.
Presented by:      Representative McNenny

MOTION:      AMEND HB 1003

m-1003b

     On page 2 , after line 1 of the House engrossed bill , insert:

"      Section 3. That chapter 10-38 be amended by adding thereto a NEW SECTION to read as follows:

     The sixth judicial circuit court may award reasonable attorneys' fees, in an action brought to court pursuant to chapter 10-38 against any appellant relative to the assessment, allocation, equalization, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, equalization, or distribution.

     Section 4. That chapter 10-38 be amended by adding thereto a NEW SECTION to read as follows:

     On motion, the Supreme Court may award reasonable attorneys' fees in an action brought to the Supreme Court pursuant to chapter 10-38 against any appellant relative to the assessment, allocation, equalization, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, equalization, or distribution. The motion shall be accompanied by counsel's verified itemized statement of costs incurred and legal services rendered. No award for attorney's fees may be made for or against the State of South Dakota in the Supreme Court. "

Moved by:      Senator Flowers
Second by:      Senator Moore
Action:      Prevailed by voice vote.

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MOTION:      DO PASS HB 1003 AS AMENDED

Moved by:      Senator Flowers
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Dunn (Rebecca), Flowers, Moore, Munson (David), Daugaard, Whiting

Excused:      Everist

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

Presented by:      Tom Barnett, State Bar

MOTION:      DO PASS HB 1102

Moved by:      Senator Munson (David)
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (4-0-3-0)

Voting yes:      Dunn (Rebecca), Moore, Munson (David), Whiting

Excused:      Everist, Flowers, Daugaard

MOTION:      PLACE HB 1102 ON CONSENT

Moved by:      Senator Moore
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Munson (David)
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by voice vote.

Carol A. Glass

Committee Secretary