81^st Legislative Session _ 2006

Committee: Senate Transportation

                                            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 7, 2006

Moved by:    McCracken
Second by:    Hundstad
Action:    Prevailed by voice vote.

         HB 1084: authorize counties to regulate the operation of certain off-road vehicles in highway ditches.

Presented by:    Representative Tim Rave (Handout #1)
Proponents:    Bob Miller, SD Electric Utilities
        Larry Nelson, SD Municipal League
        Dick Tieszen, SD Sheriffs/SD Chiefs of Police
        Lorin Pankratz, SD County Commissioners
Opponents:    Ed Goss, self, Belle Fourche
        Doug Eidsness, self, Brookings

MOTION:     AMEND HB 1084

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1084fj

     On page 1 of the House engrossed bill, delete lines 6 to 12 , inclusive, and insert:

"

     Notwithstanding the provisions of §  32-20-12, any board of county commissioners may, by ordinance, prohibit the operation of off-road vehicles in any highway ditch along any section of highway under its jurisdiction. However, no board of county commissioners may prohibit an off-road vehicle from crossing one side of the highway to the other. This section does not affect off-road vehicles used in normal agricultural operation or service vehicles of any utility while in the line of duty for the utility. For the purposes of this section, the term, utility, means any provider of electric, gas, water, or telecommunications service.

     Notice of any restriction made pursuant to this section shall be given by placing and maintaining signs at each end of the section of highway and at each point of intersection. The signs shall be of substantial construction which conspicuously indicates the restriction.".

Moved by:    McCracken
Second by:    Lintz
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1084

1084oa

     On the previously adopted amendment (1084fj), in the last sentence of paragraph one, after "water," insert "sewer, pipeline,".

     On the previously adopted amendment (1084fj), in the first sentence of the second paragraph, after "maintaining" insert "regulatory".

Moved by:    McCracken
Second by:    Lintz
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1084 AS AMENDED

Moved by:    McCracken
Second by:    Hundstad
Action:    Prevailed by roll call vote.(7-0-0-0)

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Voting Yes:    Hundstad, Kloucek, Lintz, McCracken, McNenny, Broderick, Kelly

MOTION:     ADJOURN

Moved by:    Broderick
Second by:    Lintz
Action:    Prevailed by voice vote.

Rena Ortbahn

Committee Secretary

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