72nd Legislative Session -- 1997
Committee: House Judiciary
Friday, February 7, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Hunt, Chair
P
Hagg, Vice-Chair
P
Brosz
P
Brown (Jarvis)
P
de Hueck
P
Duniphan
P
Fitzgerald
P
Matthews
P
Rost
P
Collier
P
Gleason
P
Moore
P
Volesky
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Hunt.
HB 1162:
to define the term, shall.
Proponents:
Representative Gabriel
Jeff Fox, Legal Council for the Governor's Office
Tom Barnett, State Bar Association
Opponents:
None
Presented by:
Representative Gabriel
MOTION:
DO PASS HB 1162
Moved by:
Representative Duniphan
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews,
Rost, Collier, Gleason, Moore, Volesky
HB 1170:
to revise certain provisions regarding shoplifting.
Proponents:
Representative Cutler
Jerry Wheeler, South Dakota Retailers
Adam Coleman, Nash-Finch co., Aberdeen
Opponents:
None
Presented by:
Representative Cutler
MOTION:
AMEND HB 1170
r-1170
On page 2, after line 1, insert:
" Section 3. That
§
22-30A-19.3
be amended to read as follows:
22-30A-19.3.
Any person who is the victim of retail theft may make a written demand for the
amount for which the person who committed the act is liable under
§
22-30A-19.1. Except for a sole
proprietorship, a member of management other than the initial detaining person, shall evaluate the
validity of the accusation that the person committed the act and shall approve the accusation
in
writing
before a written demand for payment is issued. The demand for payment shall be mailed by
certified mail to the person from whom payment is demanded or served personally on the person
from whom payment is demanded. Personal service shall be accomplished in the same manner as
the service of a summons."
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1170 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Gleason,
Moore, Volesky
Voting no:
Hagg, Brosz, Collier
HB 1181:
to revise certain provisions regarding child protection teams.
Proponents:
Judy Hines, Office of Child Protection, Department of Social Services
Opponents:
None
Presented by:
Judy Hines, Office of Child Protection, Department of Social Services
MOTION:
DEFER HB 1181 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Matthews, Collier, Moore
Voting no:
de Hueck, Fitzgerald, Rost, Gleason, Volesky
HB 1147:
to provide for directed trusts.
Proponents:
Tom Adam, South Dakota Bankers
Richard Duncan, Director of Banking
Doug Hajek, Citibank of South Dakota
Opponents:
None
Presented by:
Tom Adam, South Dakota Bankers
MOTION:
AMEND HB 1147
r-1147
On page
2
,
line
24
,
after "
may
"
insert "
, in the best interests of the trust,
"
.
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1147 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Matthews
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews,
Rost, Gleason, Moore, Volesky
Voting no:
Collier
MOTION:
IF ENACTED PLACEHB 1147 IN A SEPARATE CHAPTER OF CODIFIED
THE LAW
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1140:
to revise the definition of a financial institution for nonprobate transfers.
Proponents:
Richard Duncan, Director of Banking
Opponents:
None
Presented by:
Richard Duncan, Director of Banking
MOTION:
DO PASS HB 1140
Moved by:
Representative Gleason
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews,
Rost, Collier, Gleason, Moore, Volesky
MOTION:
ADJOURN
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
Brooke Pike
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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