Legislative Report #3
See the full report at this LINK.
STATE BAR BILLS - ACTIVE
HB 1060: repeal certain domestication provisions in the Uniform Limited Liability Company Act.
Sponsor: Representative Stevens (prime) and Senator Wheeler
State Bar Position: SUPPORT
Status: Judiciary Do Pass Amended, Passed, YEAS 11, NAYS 0. Certified uncontested, placed on consent on 2/4.
Summary: The primary purpose of the bill is to eliminate duplicative statutes related to LLC domestication.
SB 79: clarify cross-references regarding powers of attorney.
Sponsor: Senator Johns (prime) and Representative Odenbach
State Bar Position: SUPPORT
Status: Passed Senate; First read in House and referred to House Judiciary on 1/24
Summary: This is a clean up bill to correct cross references found in SDCL § 59-12-8.
SB 107: provide for the remote witnessing of certain legal instruments.
Sponsor: Senator Wheeler (prime) and Representative Stevens (prime)
State Bar Position: SUPPORT
Status: Senate Passed, YEAS 34, NAYS 0. First Reading House on 2/3
Summary: This bill would allow for certain legal instruments to be completed/executed utilizing remote witnesses.
HB 1073: provide for diploma privilege for admittance to the practice of law.
Sponsor: Representative Fitzgerald (prime) and Senator Sutton (prime)
State Bar Position: OPPOSE
Status: State Affairs Deferred to the 41st legislative day, Passed, YEAS 8, NAYS 4.
Summary: If passed, this bill would allow any USD law school graduate, past or present, to be admitted to the bar without taking the bar exam upon furnishing qualifications as to age and moral character so long as that applicant was an SD resident prior to admittance.
HB 1199: remove irreconcilable differences as a cause for divorce.
Sponsor: Representative Randolph (prime)
State Bar Position: OPPOSE
Status: Referred to House Judiciary on 1/31
Summary: This bill would amend SDCL 25-4-2 by removing irreconcilable differences a cause for divorce and repeal SDCL 25-4-17.1 through 25-4-17.3. This bill would also replace “conviction of felony” with “conviction of a crime resulting in incarceration.