72nd Legislative Session -- 1997

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Hunt, Chair
P      Hagg, Vice-Chair
P      Brosz
P      Brown (Jarvis)
P      de Hueck
E      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.

MOTION:      TO APPROVE THE MINUTES OF February 5, 1997

Moved by:      Representative Gleason
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

MOTION:      DEFER HB 1149 UNTIL

Moved by:      Representative Hunt
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

          HB 1164:   to authorize sanctions for inmate abuse of the court system and to require inmate financial responsibility for costs incurred or benefits reaped from the court actions.

Proponents:      Jeff Bloomberg, Department of Corrections
          Charlie McGuigan, Attorney General's Office
          Judy Payne, Bureau of Administration
          Mike Buenger, United Judicial System
Opponents:      None

---

Presented by:      Jeff Bloomberg, Department of Corrections

MOTION:      AMEND HB 1164

r-1164

     On page 2 , line 15 , delete " the provisions of section 4 of this Act, ".

     On page 2 , delete lines 17 to 21 , inclusive .

Moved by:      Representative Hagg
Second by:      Representative Volesky
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1164

o-1164

     On page 2 , line 6 , delete " contrary to " and insert " in a manner specified by " .

Moved by:      Representative Moore
Second by:      Representative Gleason
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1164 AS AMENDED

Moved by:      Representative Volesky
Second by:      Representative Hagg
Action:      Prevailed by roll call vote.   (8-4-1-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), Fitzgerald, Rost, Gleason, Volesky

Voting no:      de Hueck, Matthews, Collier, Moore

Excused:      Duniphan

          HB 1172:   to allow court-ordered deposition of certain witnesses.

Proponents:      Representative Collier
          Tom Frieberg, South Dakota Trial Lawyers
          Representative Sokolow
Opponents:      Chuck Schroyer, State's Attorney's Association
          Charlie McGuigan, Attorney General's Office
Presented by:      Representative Collier

MOTION:      AMEND HB 1172

r-1172

     On page 1 , line 11 , after " any " insert " material " .

---

     On page 1 , line 11 , delete " and " and insert " or " .

Moved by:      Representative Hagg
Second by:      Representative Collier
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1172

r-1172a

     On page 1 , line 13 , after " chapter. " insert " The court may order any protective order that it may deem necessary to protect the witness. " .

Moved by:      Representative Collier
Second by:      Representative Gleason
Action:      Prevailed by voice vote.

MOTION:      DEFER HB 1172 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Matthews
Second by:      Representative Brown (Jarvis)
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO DO PASS HB 1172 AS AMENDED

Moved by:      Representative Volesky
Second by:      Representative Gleason
Action:      Failed by roll call vote.   (5-6-2-0)

Voting yes:      Hagg, Collier, Gleason, Moore, Volesky

Voting no:      Hunt, Brosz, Brown (Jarvis), Fitzgerald, Matthews, Rost

Excused:      de Hueck, Duniphan

MOTION:      DEFER HB 1172 UNTIL THE 41ST LEGISLATIVE DAY/ORIGINAL MOTION

Moved by:      Representative Matthews
Second by:      Representative Brosz
Action:      Prevailed by roll call vote.   (6-5-2-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), Fitzgerald, Matthews

Voting no:      Rost, Collier, Gleason, Moore, Volesky

Excused:      de Hueck, Duniphan

---

          HB 1218:   to revise certain provisions concerning the detention of children in need of supervision and delinquent children.

Proponents:      Representative Jaspers
          Judge Max A. Gors, 6th Circuit Judge
Opponents:      None
Presented by:      Representative Jaspers

MOTION:      DEFER HB 1218 UNTIL February 12, 1997

Moved by:      Representative Hagg
Second by:      Representative Hunt
Action:      Prevailed by voice vote.

Subcommittee appointed by Chairman to consider amendments to HB 1218.

Chair, Representative Matthews
Representative Brown
Representative Gleason

Subcommittee will report back the Judiciary Committee on Wednesday, February 12, 1997.

MOTION:      ADJOURN

Moved by:      Representative Brosz
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

Brooke Pike

Committee Secretary

---

../970206.HJU