[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6284849,"mediaKeyId","2576629-8b31584bce9e056ddda553837d485fe9","parentId",2576629,"title","Committee backs raising small-estate affidavit limit from $50,000 to $100,000","audioSeconds",450,"startMs",3760000,"endMs",4210000,"viewUrl","/Search/View?dp=1&key=2576629-8b31584bce9e056ddda553837d485fe9&start=3760&end=4210","thumbnailUrl","https://assets.pipeline.soar.com/2576629-8b31584bce9e056ddda553837d485fe9/thumbnail_3760000.jpg","articleUrl","/articles/6284849/North-Dakota/Committee-backs-raising-small-estate-affidavit-limit-from-50000-to-100000","mediaUrl","https://secure.pipeline.soar.com/6284849-22ab2c02ac11419488f0f7954afdfc03/orig.mp4?Expires=1771153129&Signature=Yrn77p1dUL8OrMTAyBAG4QPIZtTD2aGJNJF1LQ2LcbP4swU0~fCdEkouEjIb2bs2Sz-dcMLCj-lcmN46AYD8e7vAWqSIXOrAAe9jXIGvCO5pgNbLta1h7ibuRJYuCBvFtBr1qgeL4hviUbQem5BD8XIMKYLPcUzSTv-BiReGWqEYWJ16NPatcWlvfxqSJL-1gb~OIXHri77mTHSEMcIK0nMhaQP-HPA9YCN6umbl~jtQZXFtdrDGqXFYUYWoBBpgsFPhNXQSBs-6mqs1vDwnbTtWcZ-TNiZVQKO45O2~OVY41G4xNkqZKZrRw-KZF4A4wQOZ1Pv6sCJYbwu8eWG2Ew__&Key-Pair-Id=KUT5TJCACFTXG","author","North Dakota State Legislature","date","2025-03-12T00:00:00Z","article","The Senate Judiciary Committee recommended a due-pass for House Bill 1224, which would raise the simplified small-estate affidavit threshold under the Uniform Probate Code from $50,000 to $100,000.

Representative Lawrence Clamine of District 47 in Bismarck presented the bill and described the small-estate affidavit procedure in North Dakota Century Code section 30.1-2301. \"The affidavit must state that the value of the estate, wherever located, does not exceed $50,000 under current law,\" Clamine said, noting that the $50,000 limit has not been increased since 2005. He told the committee that, adjusted for inflation, $50,000 in 2005 equals more than $80,000 in 2025 and said $100,000 aligns North Dakota with neighboring states that use the Uniform Probate Code.

Clamine explained the summary procedure allows a successor to present an affidavit 30 days after death to an entity holding personal property (for example, a bank) and receive delivery without opening a probate case, and that the payor is discharged from liability after delivery under current law. Senators asked whether the threshold applies to cash only or to all personal property and whether estates exceeding the limit still must go through formal probate; Clamine answered it applies to all personal property and larger estates must be settled in district court.

Senator Lueck moved a due-pass recommendation; the roll call showed multiple \"aye\" votes and the motion carried with the majority present. Committee minutes note the vote was held open until the absent member returned, and the bill was assigned to Senator Cory for carryover. The committee transcript records the vote as at least 6–0 in favor at the time the vote was reported.

No opposition or neutral testimony was reported in the hearing. The sponsor said neighboring states (Idaho, Montana, Nebraska, South Dakota and Utah) use $100,000 thresholds and that a future legislature could revise the limit again when appropriate.

The bill now moves toward further consideration after the committee's due-pass recommendation.","mediaType","Video","parentTitle","Senate Judiciary Wednesday, Mar 12, 2025 8:55 AM - 11:17 AM","oneSentenceSummary","The Senate Judiciary Committee recommended a due-pass for House Bill 1224 to raise the small-estate affidavit limit from $50,000 to $100,000 under the Uniform Probate Code.","taxTitle","Judiciary, Senate, Legislative, North Dakota","taxId",28907,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6284854,"Senate Judiciary holds hearing on bill to fix sentencing language for enhanced DUI with minors",637,277000,914000,"/Search/View?dp=1&key=2576629-8b31584bce9e056ddda553837d485fe9&start=277&end=914","https://assets.pipeline.soar.com/2576629-8b31584bce9e056ddda553837d485fe9/thumbnail_277000.jpg","/articles/6284854/North-Dakota/Senate-Judiciary-holds-hearing-on-bill-to-fix-sentencing-language-for-enhanced-DUI-with-minors","https://secure.pipeline.soar.com/6284854-dc36d8abd35b22be7676d9d02aa52cea/orig.mp4?Expires=1771153129&Signature=iWcMOaIATWlx3W2IFkmEfdBLfDf5oBXzj7CYTgfMSVPwxEt~ks6WmsFyV-kVgYtdYWHb8sCcPzs3jh7PZV9Lartl91P8lUeqbe71zu0YaAQ81pRZJ-GjsJsQ10SgWlXreOU-RBMg91ySLBPh3lEY3HYc-hvDklrsZpAnvfdOJ-9Q6UbJPQ2DoQHZkl7gs6A-miK0KvfenJ2OSlKK6fEXMT4v0cmF2kEb9HTy8swFgTskIi4Og8Rj3FBOcePAcb1rJahVYuN6PH0IwfD6FsH-xDlCIm-KZIVJcub6-tNAItfHNoN03lgbV3IfrszFSPKmQWahMhNWW3JScP0hfGIeSg__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Judiciary Committee opened a hearing on House Bill 1206, which amends penalties for operating a vehicle while impaired when a minor is in the vehicle, on the morning the bill was called.

Representative Scott Lauser of District 5 in Minot, the bill sponsor, told the committee the measure is intended to remove a cross-reference that could force a felony-level offense to be sentenced as a misdemeanor. \"Clearly this is a felony,\" Lauser said, recounting a case he was given in which a parent three times the legal limit picked up children from school with two unrestrained minors in the back seat.

The bill would remove the cross-reference found on page 2, lines 19–21 of the current draft so the enhanced-offense provision stands on its own. Aaron Bursts of the North Dakota Association of Counties, who represented state's attorneys at the hearing, described section 1 as adding non-alcohol impairing substances to the statute and said section 2 is the substantive cleanup: \"What Representative Lauser is suggesting is to amend out, on page 2, line 19 through 21. Just take that out so it's not a reference to the criminal penalties for a normal DUI,\" Bursts said.

Bursts and Lauser outlined the statutory scheme that underlies the bill: the first offense with a minor in the vehicle would carry a minimum two-day jail term under the proposal, and a third offense could be treated as a Class C felony with a \"year and a day\" prison sentence. Bursts noted law-enforcement and prosecution practice complications when other impairing drugs are involved: roadside oral-fluid tests can identify multiple substances but are voluntary in many cases, and blood testing after arrest can show substances present but \"does not show impairment,\" Bursts said. He added that officers must connect observed impairment to substances found in testing.

No one testified in opposition or neutral; the committee closed the hearing on the bill without taking a vote.

The record shows committee members asked questions about testing for marijuana and whether drug-testing technology and evidentiary standards can reliably identify impairment, and witnesses said current blood tests can detect substances but not impairment itself. The bill as presented corrects cross-references in the sentencing text but does not change the structure of the enhanced penalties beyond clarifying which penalty table applies.

Committee action: hearing only; no motion or recorded vote at the time the hearing closed.

Background: Lauser said earlier attempts to attach similar language to another bill were stripped in conference because conferees considered it not germane, prompting the current standalone presentation. The Association of Counties and several state's attorneys had supported related language during the prior cycle.

No further proceedings were recorded on HB 1206 during this hearing.","The Senate Judiciary Committee opened a hearing on House Bill 1206, which would clarify sentencing language for operating a vehicle while impaired with a minor in the vehicle.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6284844,"Committee approves amended bill raising penalties for firearm use in reckless endangerment and tightens habitual-offender standard",2173,5785000,7958000,"/Search/View?dp=1&key=2576629-8b31584bce9e056ddda553837d485fe9&start=5785&end=7958","https://assets.pipeline.soar.com/2576629-8b31584bce9e056ddda553837d485fe9/thumbnail_5785000.jpg","/articles/6284844/North-Dakota/Committee-approves-amended-bill-raising-penalties-for-firearm-use-in-reckless-endangerment-and-tightens-habitual-offender-standard","https://secure.pipeline.soar.com/6284844-e24a57410c640cec4e006b62bc50357e/orig.mp4?Expires=1771153129&Signature=clmE4hodv1UAraJCIYIsf8GqZVQaS2OATJVDfkt4H3Jbk25emFUcXYLn~rn4PZkRW7WqMMSnb~3WlBz83jnDdPSRBr3OMSTjsmIzr-lFeP47irTCyZ8mFR5b2vIYocCHzDtgS-juTbw1C06HZbueZwTyp4HLf1oKydex89TV9L~Lr~XOaUNReSoUW7yCXnsO~3fdN6PsRzBodp59F~-dBm6xTsksu8Q5tGIGF3CRO-7KFKs~CR79YSgustv55HUn4QSOcSeN-YTX~VOJamodhLGHwQyk4OBaMpIGH4ZrM2jGQIwTFOgu2GvD72hm5IINS9wYaJuW6NxDPO1G3N8FQg__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Judiciary Committee amended and gave a due-pass recommendation to House Bill 1225, which increases penalties for reckless endangerment when a firearm is used and adjusts habitual-offender enhancement language.

Ward County State's Attorney Rosa Larson introduced the bill on behalf of Representative Clamine and the North Dakota State's Attorneys Association. Larson said section 1 would add a Class B felony when a person uses a firearm in reckless endangerment and would retain Class C felony treatment in other circumstances. \"You would think you could charge attempted murder, but actually attempted murder is an intentional act,\" Larson said, explaining why drive-by shootings and similar conduct can be charged as reckless endangerment where intent to kill a specific person is not provable.

Larson said the Class B felony recommendation follows case examples including a juvenile case where shots were fired through three apartments and prosecutors could not attach specific intent to an individual target. She also explained that if the enhancement to Class B is adopted, Department of Corrections and Rehabilitation (DOCR) guidance could yield longer mandatory terms: under a Class B felony the mandatory minimum is four years, whereas the Class C felony mandatory minimum is two years.

Travis Fink, executive director of the Commission on Legal Counsel for Indigence (the state agency responsible for public defense services), testified in opposition to parts of the bill as drafted. Fink said the commission did not oppose the bill's original goal to address drive-by shootings but raised two objections: (1) the house amendment that added \"other dangerous weapon\" could sweep ordinary motor-vehicle conduct into a Class B felony because North Dakota case law can treat a vehicle as a dangerous weapon; and (2) the habitual-offender provision as drafted would allow prior out-of-state convictions that are misdemeanors elsewhere (but carry more than 360 days) to count toward a North Dakota enhancement, raising due-process and full-faith-and-credit concerns.

Senator Myrtle offered an amendment that struck the \"other dangerous weapon\" language and replaced the habitual-offender language to require prior felony convictions (rather than convictions punishable by more than 360 days). The committee adopted the amendment on a voice vote.

After amendment, Senator Merdahl moved and the committee voted for a due-pass recommendation as amended; the committee referred the bill to the Appropriations Committee. The transcript shows the committee carried the motion with a majority of ayes recorded at the vote.

The testimony and floor discussion emphasized prosecutorial and defense concerns: prosecutors want a statutory vehicle to address drive-by shootings where specific intent to kill is difficult to prove; defense counsel raised procedural due-process and equal-treatment concerns if out-of-state misdemeanors were counted as felonies for enhancement purposes. DOCR's earlier fiscal estimates for the measure varied in the record (the transcript references a $13.6 million figure previously and a $2.5 million figure later) and witnesses said the fiscal impact depends on how many offenders would receive the longer mandatory sentences.","The Senate Judiciary Committee approved House Bill 1225 as amended to create a Class B felony when a firearm is used in reckless endangerment and to limit habitual-offender enhancements to prior felony convictions.","actionData","errors"]

Article not found

Committee backs raising small-estate affidavit limit from $50,000 to $100,000

Senate Judiciary holds hearing on bill to fix sentencing language for enhanced DUI with minors

Committee approves amended bill raising penalties for firearm use in reckless endangerment and tightens habitual-offender standard