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House Judiciary has 4 bills on Fri Jan 22

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21748705On Friday, Jan 22nd, at 10:00 AM the SD House Judiciary committee will take on 4 bills. It is interesting to note that all four bills are prime sponsored by Senator Rusch on the Senate side. I guess there are some strings attached with being the only lawyer/ex-judge sitting on the Senate side.

HB 1055 (SoDakLiberty Posts) – Clarify that a gift of real property does not require a disclosure statement.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Roger Hunt (R, Dist 25) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

This bill would modify SDCL 43-4-43, which gives exceptions to requirement of a disclosure statement in certain transfers of real property. All this bill does is add “A gift of real property” to the list. Looking at the list of what already is exempted, it makes sense to add this.

HB 1062 (SoDakLiberty Posts) – Permit an order changing the name of a minor child without prior publication in certain instances.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Mike Stevens (R, Dist 18) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

This bill would allow the court to grant a name change without publication of notice if all of the following conditions are met:

            (1)    It appears from the pleadings that the minor child has been a resident of the county in which the petition is filed for at least six months;
            (2)    The minor child’s parents whose parental rights have not been terminated, and any other person having legal rights to custody or guardianship of the minor child, give written consent to the name change;
            (3)    The minor child, if twelve years of age or older, gives written consent to the name change; and
            (4)    It appears to the court that the name change is in the minor child’s best interests.
Basically it appears that if everyone, including the child, agrees to the name change then no prior publication would be needed. I wonder if this has been an issue.

HB 1063 (SoDakLiberty Posts) – Revise provisions regarding required notice of relocation of a minor child when a protection order is in place.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Mike Stevens (R, Dist 18) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

Currently it appears that if a noncustodial parent has a protection order against them from the custodial parent or child, the custodial parent does not have to notify the noncustodial parent of a move. Section 2 of this bill would change that make sure timely notice is provided when the noncustodial parent with a protection order against them is notified when there is a parenting time established.

Section 2 appears to ensure the custodial parent does not have to give a full address when moving if the noncustodial parent has a protection order against them. Only the City/State would be needed.

These cases must be hard for judges and mediators…

HB 1058 (SoDakLiberty Posts) – Revise the procedure for recovery of abandoned mineral interests.

SoDakLiberty Stance: Undecided
Prime Sponsors: Rep Timothy Johns (R, Dist 31) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors.

A lot of this seems to be language cleanup and clarification. Testimony will need to be listened to in order to learn more. This would be a good bill to speak with School and Public Lands Commissioner Ryan Brunner, he loves talking mineral rights.

The post House Judiciary has 4 bills on Fri Jan 22 appeared first on SoDakLiberty.


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