80
th Legislative Session _ 2005
Committee: Senate Transportation
Thursday, February 10, 2005
P - Present
E - Excused
A - Absent
Roll Call
P Hundstad
P Kloucek
P Lintz
P McCracken
P McNenny
P Broderick, Vice-Chair
P Kelly, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Dick Kelly, Chair
MOTION:
TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 8, 2005
Moved by: McCracken
Second by: McNenny
Action: Prevailed by voice vote.
SB 219: provide for the licensing of motorcycle converters.
MOTION:
DEFER SB 219 TO THE 41ST LEGISLATIVE DAY
Moved by: Lintz
Second by: McCracken
Action: Prevailed by roll call vote.(6-0-1-0)
Voting Yes: Hundstad, Lintz, McCracken, McNenny, Broderick, Kelly
Excused: Kloucek
The Chair deferred SB 200 until Tuesday, February 15, 2005.
SB 119: provide for a possessory lien in certain constructively abandoned motor
vehicles.
Presented by: Senator William Napoli
Proponents: Myron Rau, SD Auto Dealer's Assn.
MOTION:
AMEND SB 119
119oa
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That
§
44-11-1
be amended to read as follows:
44-11-1.
If a person, at the request or consent of the owner or person lawfully in possession,
furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the
alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of any
personal property, such person shall have a lien thereon, dependent on possession, or notice as
hereinafter
provided
by this chapter
on
such
the
property to the extent of a reasonable charge.
However, if there is an agreed price, the lien is to the extent of such agreed price.
Personal property left for repair at a place of business in this state shall be considered abandoned
and may be sold if the property is unclaimed by its owner for a period of ninety days after written
notice of the intent to sell the property is given to the owner at
his
the owner's
last known address
by certified mail.
Such
The
sale is subject to liens, mortgages, and other creditors' interest properly
filed or perfected before the date that the personal property came into the possession of the place of
business.
Such
The
abandoned personal property shall be sold under the provisions of chapter 21-54.
This section does not apply to any motor vehicle as defined by
§
32-3-1.
Section 2. That chapter
32-3
be amended by adding thereto a NEW SECTION to read as follows:
For purposes of this chapter, the department shall provide a person that has possession of a
vehicle as the result of an unpaid repair bill with the last known name and address of the record
holder of title and any readily identifiable lien holders free of charge.
Section 3. That chapter
32-3
be amended by adding thereto a NEW SECTION to read as follows:
A person may apply for a title on any motor vehicle that is left unclaimed, as the result of an
unpaid repair bill, by its owner or person lawfully in possession of, on private property for a period
of thirty days after written notice of intent to apply for a title is given to the owner at the owner's last
known address and to any readily identifiable lienholder by certified mail. The notice shall set forth
the location where the motor vehicle is being kept, the circumstances surrounding acquisition of the
vehicle, the year, make, model, and serial number of the motor vehicle, and shall inform the owner
and any lienholder of the right to reclaim the vehicle as provided by section 4 of this Act. The notice
shall be on a form provided by the department.
If it is impossible to determine with reasonable certainty the identity and address of the registered
owner and any lienholder, a notice shall be published once in a newspaper of general circulation in
the area where the motor vehicle was left for repair. Published notices may be grouped together for
convenience and economy.
Section 4. That chapter
32-3
be amended by adding thereto a NEW SECTION to read as follows:
Title to any motor vehicle shall vest with the person to whom the unpaid repair bill is payable
and who has complied with the provisions of this chapter in notifying the owner and all lienholders
of their rights to reclaim the motor vehicle after a period of thirty days from the date to which notice
was sent to the owner and all lienholders. The owner or the lienholder may reclaim the motor
vehicle. The owner or lienholder shall notify the department and the repair facility within thirty days
of receipt of the notice of their intent to reclaim the motor vehicle. If the owner or lienholder fails
to claim and remove the motor vehicle within thirty days after mailing of the notice of intent to
reclaim the vehicle, title to the motor vehicle is irrevocably vested in the person to whom the repair
bill is payable and who has complied with the provisions of this chapter.
The vehicle shall be sold and any excess moneys above settlement of the debt shall be forwarded
to the owner or any lienholder. If the owner and any lienholder are unidentifiable or not able to be
contacted, the excess moneys shall be sent to the state treasurer and treated as unclaimed property
pursuant to chapter 43-41B."
Moved by: McCracken
Second by: Lintz
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 119 AS AMENDED
Moved by: McCracken
Second by: Hundstad
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Hundstad, Kloucek, Lintz, McCracken, McNenny, Broderick, Kelly
MOTION:
TO AMEND TITLE OF SB 119
119otb
On page
1,
line 1 of the printed bill,
delete everything after "
to
"
and insert "authorize the transfer
of a motor vehicle title to satisfy an unpaid motor vehicle repair bill under certain conditions.".
On page
1
,
delete line
2
.
Moved by: McCracken
Second by: McNenny
Action: Prevailed by voice vote.
MOTION:
PLACE SB 119 ON CONSENT CALENDAR
Moved by: Broderick
Second by: McCracken
Action: Failed by voice vote.
HB 1171: permit certain dealers or public auctions to sell snowmobiles and vehicles
on consignment.
Presented by: Representative Keri Weems
Proponents: Debra Hillmer, Department of Revenue and Regulation
Myron Rau, SD Auto Dealer's Assn.
MOTION:
DO PASS HB 1171
Moved by: McCracken
Second by: Broderick
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Hundstad, Kloucek, Lintz, McCracken, McNenny, Broderick, Kelly
MOTION:
PLACE HB 1171 ON CONSENT CALENDAR
Moved by: McCracken
Second by: McNenny
Action: Failed by voice vote.
HB 1034: revise certain provisions regarding the investigation of vehicle dealers.
Presented by: Debra Hillmer, Department of Revenue and Regulation
Proponents: Jerry Vogeler, SD Ind. Auto Dealers Assn. (handout #1)
Jerry Vogeler, SD Manufactured Housing Assn. (handout #2)
Senator William Napoli
Myron Rau, SD Auto Dealer's Assn.
MOTION:
DO PASS HB 1034
Moved by: McNenny
Second by: McCracken
Action: Prevailed by roll call vote.(6-0-1-0)
Voting Yes: Hundstad, Kloucek, Lintz, McCracken, McNenny, Kelly
Excused: Broderick
MOTION:
PLACE HB 1034 ON CONSENT CALENDAR
Moved by: Kloucek
Second by: McNenny
Action: Prevailed by voice vote.
HB 1060: authorize the secretary of Revenue and Regulation to issue a cease and
desist order to vehicle, snowmobile, manufactured home, and boat dealers for certain
violations, to authorize imposition of monetary penalties for failure to comply with
a cease and desist order, and to modify the reasons for suspending or revoking a
dealer's license.
Presented by: Debra Hillmer, Department of Revenue and Regulation
Proponents: Jerry Vogeler, SD Ind. Auto Dealers Assn. (handout #1)
Jerry Vogeler, SD Manufactured Housing Assn. (handout #2)
Senator William Napoli
Myron Rau, SD Auto Dealer's Assn.
MOTION:
DO PASS HB 1060
Moved by: McNenny
Second by: McCracken
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Hundstad, Lintz, McCracken, McNenny, Broderick, Kelly
Voting No: Kloucek
HB 1041: require certain vehicle dealers to utilize an electronic title file system.
Presented by: Debra Hillmer, Department of Revenue and Regulation
Proponents: Jerry Vogeler, SD Ind. Auto Dealers Assn. (handout #1)
Jerry Vogeler, SD Manufactured Housing Assn. (handout #2)
Senator William Napoli
Myron Rau, SD Auto Dealer's Assn.
MOTION:
DO PASS HB 1041
Moved by: Hundstad
Second by: McNenny
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Hundstad, Kloucek, Lintz, McCracken, McNenny, Broderick, Kelly
MOTION:
PLACE HB 1041 ON CONSENT CALENDAR
Moved by: Kloucek
Second by: McNenny
Action: Prevailed by voice vote.
HB 1111: revise certain provisions regarding the records required to be kept by
certain dealers and to require that certain liens be paid by a dealer before a vehicle,
snowmobile, mobile or manufactured home, or boat is offered for sale, sold, or
exchanged.
Presented by: Representative Shantel Krebs
Proponents: Myron Rau, SD Auto Dealer's Assn.
Senator William Napoli
Debra Hillmer, Department of Revenue and Regulation
Jerry Vogeler, SD Ind. Auto Dealers Assn.
MOTION:
AMEND HB 1111
1111fg
On page
5,
line 15 of the House Transportation Committee engrossed bill,
delete "
shall show
"
and insert "shows".
On page
6
,
line 15,
overstrike "
a record
"
and insert "
books, records, or files
".
On page
6
,
line 24,
after "
manufactured
"
insert "
home
".
On page
7
,
line 10,
after "
manufactured
"
insert "home".
On page
7
,
line 16,
delete "
shall show
"
and insert "shows".
On page
9
,
line 19,
delete "
shall show
"
and insert "shows".
Moved by: Kloucek
Second by: Broderick
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1111 AS AMENDED
Moved by: McCracken
Second by: Broderick
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Hundstad, Kloucek, Lintz, McCracken, McNenny, Broderick, Kelly
HB 1119: revise certain provisions related to the sale of out-of-state motor vehicles.
Presented by: Representative Roger Hunt
Proponents: Jerry Vogeler, SD Ind. Auto Dealers Assn.
Senator William Napoli
The gavel was passed to Vice-Chair Broderick
MOTION:
DO PASS HB 1119
Moved by: McCracken
Second by: Hundstad
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Hundstad, Kloucek, Lintz, McCracken, McNenny, Broderick, Kelly
The gavel was returned to Chair Kelly
MOTION:
ADJOURN
Moved by: Broderick
Second by: McNenny
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Dick Kelly, Chair
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