77th Legislative Session _ 2002

Committee: Senate Judiciary
Wednesday, January 16, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    de Hueck
P    Koskan
P    Koetzle
P    Moore
P    Daugaard, Vice-Chair
P    Whiting, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Whiting

MOTION:     TO APPROVE THE MINUTES OF MONDAY, JANUARY 14, 2002

Moved by:    Daugaard
Second by:    de Hueck
Action:    Prevailed by voice vote.

         SB 52: revise certain provisions regarding the resolution of unperformed acts and the administration of subsequently discovered property of an estate.

Presented By:    Tom Barnett, State Bar of South Dakota

MOTION:     DO PASS SB 52

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

Voting Yes:    de Hueck, Koskan, Koetzle, Moore, Daugaard, Whiting

Excused:    Bogue


MOTION:     PLACE SB 52 ON CONSENT CALENDAR

Moved by:    de Hueck
Second by:    Daugaard
Action:    Prevailed by voice vote.

         SB 53: revise certain terms used in the Uniform Probate Code.

Presented By:    Tom Barnett, State Bar of South Dakota

MOTION:     DO PASS SB 53

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

Voting Yes:    Bogue, de Hueck, Koskan, Koetzle, Moore, Daugaard, Whiting

MOTION:     PLACE SB 53 ON CONSENT CALENDAR

Moved by:    de Hueck
Second by:    Koskan
Action:    Prevailed by voice vote.

         SB 21: prohibit tax stamping or payment of taxes on tobacco products of certain nonparticipating manufacturers and to provide for the creation of a directory for compliant nonparticipating manufacturers.

Presented By:    Charles McGuigan, Attorney General's Office
Proponents:    Jeremiah D. Murphy, R. J. Reynolds Tobacco Company
        Jack Magee, Department of Revenue

MOTION:     AMEND SB 21

21tb
     On page 1, line 9 of the printed bill, after " manufactured " insert "or sold".

     On page 1 , line 10, delete " provided " and insert "that term is defined".

     On page 2 , line 6, after " fifteenth " insert ", or to remove any nonparticipating tobacco product manufacturer subsequently determined not to be in compliance with subdivision 10-50B-7(2). The secretary of revenue may require distributors, wholesalers, and nonparticipating tobacco product manufacturers to submit such information as the secretary may determine is necessary to enable the secretary to determine whether a nonparticipating tobacco product manufacturer is in compliance with subdivision 10-50B-7(2)".

     On page 2 , line 9, after " excluded " insert "or removed".

     On page 2 , line 11, delete " issuance of the annual directory " and insert "exclusion or removal".

     On page 2 , line 12, delete " state law " and insert "this chapter and chapter 10-50B".

Moved by:    de Hueck
Second by:    Bogue
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 21 AS AMENDED

Moved by:    Bogue
Second by:    Moore
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, de Hueck, Koskan, Koetzle, Moore, Daugaard, Whiting

MOTION:     TO AMEND TITLE OF SB 21

21rta
     On page 1, line 1 of the printed bill, after " on " insert "cigarettes or roll your own".

     On page 1 , line 2, delete " of " and insert "produced by".

Moved by:    Koskan
Second by:    Bogue
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    de Hueck
Second by:    Daugaard
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Fred C. Whiting, Chair


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