72nd Legislative Session -- 1997
Committee: House Judiciary
Wednesday, February 12, 1997
MOTION:
TO APPROVE THE MINUTES OF February 10, 1997
Moved by:
Representative Gleason
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1281:
to provide for an increase in filing fees for estates and guardianships and
to dedicate the proceeds for purchase guardianship services for persons who are
developmentally disabled.
Proponents:
Representative Monroe
Opponents:
None
Presented by:
Representative Monroe
MOTION:
TO TABLE HB 1281
Moved by:
Representative Moore
Second by:
Representative Rost
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 1268:
to revise the provisions for drainage disputes.
Proponents:
None
Opponents:
None
Presented by:
None
MOTION:
REFER TO Local Government
Moved by:
Representative Volesky
Second by:
Representative Collier
Action:
Prevailed by voice vote.
HB 1267:
to require the convicted offenders pay restitution to victims.
DEFER HB 1267 UNTIL February 14, 1997.
HB 1195:
to provide a procedure for requesting visitation rights if not established
by court order or decree.
Proponents:
Representative Cutler
Mike Buenger, United Judicial System
Opponents:
None
Presented by:
None
MOTION:
AMEND HB 1195
r-1195
On page
1
,
line
9 of the printed bill
,
delete "
schedule
"
and insert "hold".
On page
1
,
line
10
,
after "
days
"
insert "
after receipt of proof of service of process
"
.
Moved by:
Representative Moore
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1195
r-1195a
On page
1
,
line
7 of the printed bill
,
after "
a
"
insert "
sworn
"
.
On page
1
,
line
8
,
after "
a
"
insert "
sworn
"
.
Moved by:
Representative Volesky
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1195 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Brosz
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND HB 1195
r-1195b
On page
1
,
line
8 of the printed bill
,
after "
court
"
insert "
in the county in which the child
resides
"
.
Moved by:
Representative Gleason
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1195 AS AMENDED
Moved by:
Representative Fitzgerald
Second by:
Representative Volesky
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Brosz, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Volesky
Voting no:
Hunt, Hagg, Rost, Collier, Gleason, Moore
Excused:
Duniphan
MOTION:
DEFER HB 1195 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Moore
Second by:
Representative Hagg
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Matthews, Rost, Collier, Gleason,
Moore
Voting no:
Fitzgerald, Volesky
Excused:
Duniphan
HB 1260:
to revise the standards of review for findings of fact.
Proponents:
Brent Wilbur, Office of the Governor
Opponents:
Mike Buenger, United Judicial System
Presented by:
Brent Wilbur, Office of the Governor
MOTION:
DEFER HB 1260 UNTIL February 14, 1997
Moved by:
Representative de Hueck
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
MOTION:
OPEN HEARING ON HB 1254 ALTHOUGH NOT ON AGENDA
Moved by:
Representative Hagg
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost,
Gleason, Moore
Voting no:
Collier
Excused:
Duniphan, Volesky
HB 1254:
to increase the penalty for purchase, possession, or consumption of
tobacco by a minor.
Proponents:
Representative Moore
Opponents:
None
Presented by:
Representative Moore
MOTION:
DEFER HB 1254 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Matthews
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Fitzgerald, Matthews, Rost, Collier,
Gleason
Voting no:
Moore
Excused:
Duniphan, Volesky
HB 1189:
to provide a reward for any person providing information or evidence
leading to the arrest and conviction of any person selling or distributing any alcohol
products to any person under age, to provide for liquidated costs, to establish the
Underage Enforcement Reward Fund, and to provide the authority to promulgate
rules.
Proponents:
Representative Wick
Opponents:
Jerry Wheeler, South Dakota Retailers
Presented by:
Representative Wick
MOTION:
AMEND HB 1189
t-1189
On the printed bill,
Delete everything after the enacting clause and insert:
"
Section
1.
In addition to any other penalty, assessment or fine provided by law, there shall be
levied liquidated costs in the amount of four hundred dollars upon conviction for violating
subdivision 35-4-78(1) or
§
§
35-4-79, 35-9-1, 35-9-1.1, or 35-9-2. Any such liquidated costs
collected pursuant to this section shall be deposited in the underage enforcement reward fund as
provided in section 2 of this Act.
Section
2.
There is hereby established in the state treasury the underage enforcement reward
fund. Proceeds from this fund shall be used to reimburse state government and its subdivisions for
expenses incurred in establishing a reward for persons supplying information and evidence leading
to the conviction of any person for violation of subdivision 35-4-78(1) or
§
§
35-4-79, 35-9-1, 35-9-
1.1, or 35-9-2.
Section
3.
A reward of four hundred dollars shall be paid to any person for providing information
and evidence leading to the arrest and conviction of any person for the violation of subdivision 35-4-
78(1) or
§
§
35-4-79, 35-9-1, 35-9-1.1, or 35-9-2.
Section
4.
The underage enforcement reward fund shall be administered by the Department of
Legislative Audit. The Department of Legislative Audit shall promulgate rules, pursuant to chapter
1-26 to provide for the administration of the fund, including necessary administrative costs, to
establish the procedures for filing reward claims and to establish the requirements necessary to
qualify for a reward pursuant to this Act.
"
Moved by:
Representative Hagg
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1189
r-1189b
"Section 5. Any person exmployed by this Act as a bounty hunter for the sole purpose of
receiving monetary restitution shall be required to have in that person's possession handcuffs, mace,
and a sidearm."
Moved by:
Representative Moore
Second by:
Representative Volesky
Action:
Failed by voice vote.
MOTION:
DO PASS HB 1189 AS AMENDED
Moved by:
Representative Fitzgerald
Second by:
None
Action:
Died for a lack of a second
MOTION:
DEFER HB 1189 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Moore
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Brosz, Brown (Jarvis), de Hueck, Duniphan, Rost, Gleason, Moore, Volesky
Voting no:
Hunt, Hagg, Fitzgerald, Matthews, Collier
HB 1190:
to provide a reward for any person providing information or evidence
leading to the arrest and conviction of any person selling or distributing any
tobacco products to any person under age, to provide for liquidated costs, to
establish the Underage Enforcement Reward Fund, and to provide the authority to
promulgate rules.
Proponents:
Representative Wick
Opponents:
Jerry Wheeler, South Dakota Retailers
Presented by:
Representative Wick
MOTION:
AMEND HB 1190
t-1190a
On page 1 of the printed bill,
Delete everything after the enacting clause and insert:
"
Section
5.
In addition to any other penalty, assessment, or fine provided by law, there shall be
levied liquidated costs in the amount of two hundred dollars upon conviction for violating
subdivision 34-46-2(1) or (2). Any such liquidated costs collected pursuant to this section shall be
deposited in the underage enforcement reward fund as provided in section 2 of this Act.
Section
6.
There is hereby established in the state treasury the underage enforcement reward
fund. Proceeds from this fund shall be used to reimburse state government and its subdivisions for
expenses incurred in establishing a reward for persons supplying information and evidence leading
to the conviction of any person for violation of subdivision 34-46-2(1) or (2).
Section
7.
A reward of two hundred dollars shall be paid to any person for providing information
and evidence leading to the arrest and conviction of any person for the violation of subdivision 34-
46-2(1) or (2).
Section
8.
The underage enforcement reward fund shall be administered by the Department of
Legislative Audit. The Department of Legislative Audit shall promulgate rules pursuant to chapter
1-26 to provide for the administration of the fund, including necessary administrative costs, to
establish the procedures for filing reward claims and to establish the requirements necessary to
qualify for a reward pursuant to this Act.
"
Moved by:
Representative Fitzgerald
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1190
Moved by:
Representative Volesky
Second by:
Representative Fitzgerald
Action:
Was not acted on.
MOTION:
AMEND HB 1190
r-1190b
"Section 5. Any person exmployed by this Act as a bounty hunter for the sole purpose of
receiving monetary restitution shall be required to have in that person's possession handcuffs, mace,
and a sidearm."
Moved by:
Representative Moore
Second by:
Representative Volesky
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION DEFER HB 1190 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Matthews
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brosz, Brown (Jarvis), de Hueck, Duniphan, Matthews, Rost, Gleason, Moore,
Volesky
Voting no:
Hunt, Hagg, Fitzgerald, Collier
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Brosz
Action:
Prevailed by voice vote.
Brooke Pike
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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