House Transportation Minutes 2/5/2008 08:00 AM

2008 Legislative Session _ 2008

Committee: House Transportation

Tuesday, February 05, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Ahlers
P    Elliott
P    Gosch
P    Hackl
P    Hills
P    Koistinen
E    McLaughlin
P    Novstrup (David)
P    Olson (Russell)
P    Steele
P    Street
P    Krebs, Vice-Chair
P    Pederson (Gordon), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Gordon Pederson, Chair.

MOTION:     TO APPROVE THE MINUTES OF JANUARY 31, 2008

Moved by:    Hills
Second by:    Steele
Action:    Prevailed by voice vote.

         SB 63: require local law enforcement officers to provide certain information to repossession businesses under certain circumstances.

Presented by:    Senator Royal “Mac” McCracken
Proponents:    Senator Bill Napoli
        Staci Eggert, Sheriff's Assn. (Handout #1)

        Pat Fahey, Department of Public Safety
        Debra Hillmer, Director-Division of Motor Vehicles
        Marty Jacob, Rapid City, SD
        Lorin Pankratz, Sanford Health (Handout #2)
        Deb Fischer Clemens, Avera Health

MOTION:     DO PASS SB 63

Moved by:    Ahlers
Second by:    Hackl
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Ahlers, Elliott, Gosch, Hackl, Hills, Koistinen, Novstrup (David), Olson (Russell), Steele, Street, Krebs, Pederson (Gordon)

Excused:    McLaughlin

MOTION:     PLACE SB 63 ON CONSENT CALENDAR

Moved by:    Street
Second by:    Hackl
Action:    Prevailed by voice vote.

         SB 64: provide certain provisions regarding the regulation of recreational park trailers.

Presented by:    Senator Bill Napoli
Proponents:    Gene Addink, self, Rapid City (Handout #3)
        Pat Fahey, Department of Public Safety
        Jerry Vogeler, SD Manufactured Housing Assn.

MOTION:     DO PASS SB 64

Moved by:    Hills
Second by:    Elliott
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Ahlers, Elliott, Gosch, Hackl, Hills, Koistinen, Novstrup (David), Olson (Russell), Steele, Street, Krebs, Pederson (Gordon)

Excused:    McLaughlin

MOTION:     PLACE SB 64 ON CONSENT CALENDAR

Moved by:    Hills
Second by:    Krebs
Action:    Failed by voice vote.

         SB 68: repeal certain provisions regarding mufflers on motorcycles.

Presented by:    Senator Bill Napoli (Handout #4)

MOTION:     DO PASS SB 68

Moved by:    Krebs
Second by:    Hills
Action:    Prevailed by roll call vote. (11-1-1-0)

Voting Yes:    Ahlers, Elliott, Hackl, Hills, Koistinen, Novstrup (David), Olson (Russell), Steele, Street, Krebs, Pederson (Gordon)

Voting No:    Gosch

Excused:    McLaughlin

         SB 87: reduce the period of effectiveness for cease and desist orders issued to certain vehicle dealers.

Presented by:    Representative Manford Steele
Proponents:    Myron Rau, SD Auto Dealer's Assn.
        Debra Hillmer, Director-Division of Motor Vehicles

MOTION:     AMEND SB 87

On page 1, after line 8 of the printed bill, insert:

" Section 2. That § 32-6C-14.1 be amended to read as follows:

32-6C-14.1. In addition to any other remedy provided by law, the secretary of revenue and regulation may issue an order directing a snowmobile dealer to cease and desist from engaging in any act or practice enumerated in § 32-6C-14. A cease and desist order issued pursuant to this section is effective for a period of ~~five~~ two years.

Section 3. That § 32-7A-4.3 be amended to read as follows:

32-7A-4.3. In addition to any other remedy provided by law, the secretary of revenue and regulation may issue an order directing a dealer to cease and desist from engaging in any act or practice enumerated in § 32-7A-4.2. A cease and desist order issued pursuant to this section is effective for a period of ~~five~~ two years.

Section 4. That § 32-7B-17.1 be amended to read as follows:

32-7B-17.1. In addition to any other remedy provided by law, the secretary of revenue and regulation may issue an order directing a boat dealer to cease and desist from engaging in any act or practice enumerated in § 32-7B-17. A cease and desist order issued pursuant to this section is effective for a period of ~~five~~ two years. ".

Moved by:    Ahlers
Second by:    Elliott
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 87 AS AMENDED

Moved by:    Hills
Second by:    Koistinen
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Ahlers, Elliott, Gosch, Hackl, Hills, Koistinen, Novstrup (David), Olson (Russell), Steele, Street, Krebs, Pederson (Gordon)

Excused:    McLaughlin

MOTION:     AMEND TITLE OF SB 87

On page 1, line 2, of the printed bill, delete "vehicle".

Moved by:    Krebs
Second by:    Hills
Action:    Prevailed by voice vote.

MOTION:     PLACE SB 87 ON CONSENT CALENDAR

Moved by:    Steele
Second by:    Krebs
Action:    Failed by voice vote.

GAVEL PASSED TO VICE CHAIR KREBS.

         SB 156: revise certain provisions regarding special motor vehicle license plates for veterans with a disability, prisoners of war, Pearl Harbor survivors, and Purple Heart recipients.

Presented by:    Senator Jerry Apa
Proponents:    Representative Gordon Pederson
        Representative Margaret Gillespie
        Senator Bill Napoli
        Debra Hillmer, Director-Division of Motor Vehicles (Handout #5)
        Andy Gerlach, Dept. Of Military and Veterans Affairs
        Lorin Pankratz, SD County Commissioners

MOTION:     AMEND SB 156

On page 1, line 13, of the printed bill, delete everything after " . " and insert " The veteran may choose to use one of the two sets of plates on a noncommercial motor vehicle that is a pickup truck and that weighs more than six thousand pounds licensed pursuant to § 32-5-6.3 or a motor home licensed pursuant to § 32-5-6.1. The veteran shall pay the regular license fees set out in § § 32-5-6.3 and 32-5-6.1 and may not be required to pay the ten dollars for the special plates and renewal stickers ".

On page 1, delete lines 14 and 15.

On page 2, line 1, delete " plates. ".

On page 2, line 22, after " § 32-5-5 " insert " or a motorcycle licensed pursuant to § 32-5-9 ".

On page 2, line 22, delete everything after " . " and insert " The veteran may choose to use one of the two sets of plates on a noncommercial motor vehicle that is a pickup truck and that weighs more than six thousand pounds licensed pursuant to § 32-5-6.3 or a motor home licensed pursuant to § 32-5-6.1. The veteran shall pay the regular license fees set out in § § 32-5-6.3 and 32-5-6.1 and may not be required to pay the ten dollars for the special plates and renewal stickers ".

On page 2, delete line 23.

On page 2, line 24, delete everything before "." .

On page 3, line 5, after " § 32-5-6" insert " or 32-5-9 ".

On page 3, line 18, after " § 32-5-5 " insert " or a motorcycle licensed pursuant to § 32-5-9 ".

On page 3, line 18, delete everything after " . " and insert " The veteran may choose to use one of the two sets of plates on a noncommercial motor vehicle that is a pickup truck and that weighs more than six thousand pounds licensed pursuant to § 32-5-6.3 or a motor home licensed pursuant to § 32-5-6.1. The veteran shall pay the regular license fees set out in § § 32-5-6.3 and 32-5-6.1 and may not be required to pay the ten dollars for the special plates and renewal stickers ".

On page 3, delete lines 19 and 20.

On page 3, line 21, delete " plates ".

On page 4, line 1, after " § 32-5-6" insert " or 32-5-9 ".

On page 4, line 12, after " § 32-5-5 " insert " or a motorcycle licensed pursuant to § 32-5-9 ".

On page 4, line 12, delete everything after " . " and insert " The veteran may choose to use one of the two sets of plates on a noncommercial motor vehicle that is a pickup truck and that weighs more than six thousand pounds licensed pursuant to § 32-5-6.3 or a motor home licensed pursuant to § 32-5-6.1. The veteran shall pay the regular license fees set out in § § 32-5-6.3 and 32-5-6.1 and may not be required to pay the ten dollars for the special plates and renewal stickers ".

On page 4, delete lines 13 and 14.

On page 4, line 15, delete everything before "." .

On page 4, line 22, after " § 32-5-6 " insert " or 32-5-9 ".

Moved by:    Hills
Second by:    Koistinen
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 156 AS AMENDED

Moved by:    Hills
Second by:    Steele
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Ahlers, Elliott, Gosch, Hackl, Hills, Koistinen, Novstrup (David), Olson (Russell), Steele, Street, Krebs, Pederson (Gordon)

Excused:    McLaughlin

MOTION:     PLACE SB 156 ON CONSENT CALENDAR

Moved by:    Hills
Second by:    Street
Action:    Failed by voice vote.

GAVEL RETURNED TO CHAIR PEDERSON.

         SB 139: revise the definition for authorized emergency vehicles.

Presented by:    Representative Bob Faehn
Proponents:    Lynn DeYoung, Minnehaha County
        Jim Sutton, Emergency Manager, Codington, County, SD
        Steve Willard, Joint Fire Council
        Staci Eggert, Sheriff's Assn.
        Lorin Pankratz, SD County Commissioners

MOTION:     DO PASS SB 139

Moved by:    Street
Second by:    Gosch
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Ahlers, Elliott, Gosch, Hackl, Hills, Koistinen, Novstrup (David), Olson (Russell), Steele, Street, Krebs, Pederson (Gordon)

Excused:    McLaughlin

MOTION:     PLACE SB 139 ON CONSENT CALENDAR

Moved by:    Hills
Second by:    Krebs
Action:    Failed by voice vote.

HB 1235: reduce the license fees for motor vehicles displaying distinctive license plates for Purple Heart recipients.

MOTION:     DEFER HB 1235 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Elliott
Second by:    Koistinen
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Ahlers, Elliott, Gosch, Hackl, Hills, Koistinen, Novstrup (David), Olson (Russell), Steele, Street, Krebs, Pederson (Gordon)

Excused:    McLaughlin

MOTION:     ADJOURN

Moved by:    Street
Second by:    Krebs
Action:    Prevailed by voice vote.

Carolyn Jorgensen

____________________________

Committee Secretary

Gordon R. Pederson, Chair

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