State of South Dakota
|
SEVENTY-SECOND
SESSION
LEGISLATIVE ASSEMBLY, 1997 |
400A0806 |
CONFERENCE COMMITTEE ENGROSSED
NO.
HB1272
-
3/6/97
|
Introduced by: The Committee on State Affairs at the request of the Governor |
FOR AN ACT ENTITLED, An Act
to provide a civil cause of action for barratry and to
institute a procedure for the assertion of a claim of barratry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Barratry is the assertion of a frivolous or malicious claim or defense by a party in a civil action under Title 15. Barratry constitutes a cause of action which may be asserted by filing a pleading in the same civil action in which the claim of barratry arises or in a subsequent action. A claim of barratry shall be determined in the same manner as any other substantive cause of action asserted in that civil action.
BILL HISTORY
2/4/97 First read in House and referred to State Affairs. H.J. 298
2/14/97 Scheduled for Committee hearing on this date.
2/14/97 State Affairs Do Pass, Passed, AYES 11, NAYS 2. H.J. 482
2/15/97 House of Representatives Deferred to another day. H.J. 522
2/18/97 House of Representatives Deferred to another day. H.J. 553
2/19/97 Motion to Amend, Passed. H.J. 578
2/19/97 House of Representatives Do Pass Amended, Passed, AYES 50, NAYS 17. H.J. 578
2/20/97 First read in Senate and referred to State Affairs. S.J. 573
2/24/97 Scheduled for Committee hearing on this date.
2/24/97 State Affairs Do Pass Amended, Passed, AYES 9, NAYS 0. S.J. 594
2/26/97 Senate Do Pass Amended, Passed, AYES 34, NAYS 0. S.J. 665
2/28/97 House of Representatives failed to concur, appoint Conference Committee. H.J. 781
3/6/97 Senate Conference committee report adopted Passed, AYES 33, NAYS 1.
3/6/97 House of Representatives Conference committee report adopted Passed, AYES 67, NAYS 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Barratry is the assertion of a frivolous or malicious claim or defense by a party in a civil action under Title 15. Barratry constitutes a cause of action which may be asserted by filing a pleading in the same civil action in which the claim of barratry arises or in a subsequent action. A claim of barratry shall be determined in the same manner as any other substantive cause of action asserted in that civil action.
BILL HISTORY
2/4/97 First read in House and referred to State Affairs. H.J. 298
2/14/97 Scheduled for Committee hearing on this date.
2/14/97 State Affairs Do Pass, Passed, AYES 11, NAYS 2. H.J. 482
2/15/97 House of Representatives Deferred to another day. H.J. 522
2/18/97 House of Representatives Deferred to another day. H.J. 553
2/19/97 Motion to Amend, Passed. H.J. 578
2/19/97 House of Representatives Do Pass Amended, Passed, AYES 50, NAYS 17. H.J. 578
2/20/97 First read in Senate and referred to State Affairs. S.J. 573
2/24/97 Scheduled for Committee hearing on this date.
2/24/97 State Affairs Do Pass Amended, Passed, AYES 9, NAYS 0. S.J. 594
2/26/97 Senate Do Pass Amended, Passed, AYES 34, NAYS 0. S.J. 665
2/28/97 House of Representatives failed to concur, appoint Conference Committee. H.J. 781
3/6/97 Senate Conference committee report adopted Passed, AYES 33, NAYS 1.
3/6/97 House of Representatives Conference committee report adopted Passed, AYES 67, NAYS 2.