2008 Legislative Session _ 2008

Committee: Senate Transportation
Tuesday, February 12, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Hauge
P    Hanson (Gary)
P    Kloucek
P    McCracken
P    Napoli, Vice-Chair
P    Sutton
P    Garnos, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Cooper Garnos, Chair.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 7, 2008

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

         THE CHAIR DEFERRED HB 1264 UNTIL TUESDAY, FEBRUARY 19, 2008

         THE CHAIR DEFERRED HB 1282 UNTIL THURSDAY, FEBRUARY 14, 2008

         HB 1240: increase certain vehicle dealer license fees.

Presented by:    Senator Arnie Hauge
Proponents:    Myron Rau, SD Auto Dealer's Assciation.
        Jerry Vogeler, SD Ind. Auto Dealers Association.

MOTION:     DO PASS HB 1240

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

Voting Yes:    Hauge, Hanson (Gary), Kloucek, McCracken, Napoli, Sutton, Garnos

         HB 1241: provide licensed dealers additional time to deliver a title under certain conditions.

Presented by:    Senator Arnie Hauge
Proponents:    Senator Bill Napoli
        Myron Rau, SD Auto Dealer's Association.
        Jerry Vogeler, SD Manufactured Housing Assn./SD Ind. Auto Dealers Assn.
        Debra Hillmer, Division of Motor Vehicles

MOTION:     AMEND HB 1241

1241oa

     On page 2, after line 1 of the House Transportation Committee engrossed bill, insert:

"
     Section 2. That § 32-3-57 be amended to read as follows:

     32-3-57.   The secretary of revenue and regulation may promulgate rules pursuant to chapter 1-26 and issue instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. Such rules Rules may be adopted in the following areas:

             (1)      Application requirements for new vehicles, trailers, snowmobiles, and mobile homes;

             (2)      Certificate of title for vehicles previously registered, time limits of making application, duplicate certificates, and transfer of certificate of title;

             (3)      Assignment of certificate of title;

             (4)      Corrections of titles and procedure when there is a body type change;

             (5)      Lien recording, assignment of liens, execution of cancellation of liens, and delivery of certificate of title;

             (6)      Transfer of ownership;
             (7)      Registration tax dealers guides for used vehicles or mobile homes, older motor vehicles and government vehicles, title and license requirements, nonresident reciprocity, manufacturer's price sticker, wrecked motor vehicles, leased vehicles, and homemade vehicles ; and

             (8)    Establishment of a transaction fee for online access to the title and registration system that does not exceed fifty cents for each transaction .

     All local officials charged with the administration of the provisions of this chapter are governed in their official acts by the rules promulgated by the secretary. ".


Moved by:    Kloucek
Second by:    Napoli
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1241 AS AMENDED

Moved by:    Napoli
Second by:    Hanson (Gary)
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Hauge, Hanson (Gary), Kloucek, McCracken, Napoli, Sutton, Garnos

 MOTION:     AMEND TITLE OF HB 1241

1241ota

     On page 1, line 2, of the House Transportation Committee engrossed bill, after "conditions" insert "and to authorize the establishment of a transaction fee for certain online access to the title and registration system".


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

         HB 1191: revise certain provisions regarding the display of customized motorcycles at certain events.

Presented by:    Representative Larry Rhoden
The committee asked questions of Debra Hillmer, Division of Motor Vehicles.

MOTION:     DO PASS HB 1191

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

Voting Yes:    Hauge, Hanson (Gary), Kloucek, McCracken, Napoli, Sutton, Garnos

MOTION:    RECONSIDER SB 167 AND BRING UP FOR IMMEDIATE CONSIDERATION PURSUANT TO RULE 7-1.5

Moved by:    Garnos
Second by:    Kloucek
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Hauge, Hanson (Gary), Kloucek, McCracken, Napoli, Sutton, Garnos

MOTION:     AMEND SB 167

167oa

On the printed bill, delete everything after the enacting clause and insert:

     "      Section 1. There is hereby appropriated from the general fund the sum of one dollar ($ 1 ), or so much thereof as may be necessary, to the railroad trust fund to be used pursuant to §  49-16C-1 to enhance certain railroad facilities along a rail line located near Napa Junction in Yankton County.

     Section 2. The secretary of transportation shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June  30, 2009 , shall revert in accordance with the procedures prescribed in chapter 4-8.



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

        
Proponents of Amended Bill:
        Senator Cooper Garnos    
        Pat Beaudette, self, Wagner (handout #1)
        Darin Bergquist, Department of Transportation
        Bruce Lindholm, Department of Transportation
        Todd Yeaton, self, Highmore


MOTION:     DO PASS SB 167 AS AMENDED

Moved by:    Hanson (Gary)
Second by:    Garnos
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    Hanson (Gary), Kloucek, Napoli, Sutton, Garnos

Voting No:    Hauge, McCracken

 MOTION:     AMEND TITLE OF SB 167

167ota

     On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "make an appropriation to the railroad trust fund to enhance certain railroad facilities.".

     On page 1, delete line 2.


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

 MOTION:     ADJOURN

Moved by:    Hanson (Gary)
Second by:    Sutton
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary
Cooper Garnos, Chair

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