94
th Legislative Session _ 2019
Committee: Senate Local Government
Wednesday, February 20, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Cammack
P Ewing
P Novstrup
P Steinhauer
P Wismer
P DiSanto, Vice-Chair
E Jensen (Phil), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by the Vice Chair DiSanto.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 13, 2019
Moved by: Cammack
Second by: Ewing
Action: Prevailed by voice vote.
SB 187: provide for the ownership and operation of electric bicycles.
Presented by: Senator Al Novstrup
Proponents: Julie M Johnson, Bicycle Product Suppliers Association (Handout(s): 1,2,)
Morgan Lommele self , Boulder, Colorado
Yvonne Taylor, South Dakota Municipal League
MOTION: AMEND SB 187
187oa
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter 32-20B be amended by adding a NEW SECTION to read:
For purposes of this chapter, the term, electric bicycle, means a bicycle or a tricycle that is
equipped with a seat or saddle, with operable pedals for propulsion, and with an electric motor of
seven hundred fifty watts or less.
An electric bicycle is a Class I electric bicycle if the motor provides assistance only when the
person is pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved.
An electric bicycle is a Class II electric bicycle if the motor is capable of propelling the bicycle
without the person pedaling and ceases to provide assistance when a speed of twenty miles per hour
is achieved.
An electric bicycle is a Class III electric bicycle if the motor provides assistance only when the
person is pedaling and ceases to provide assistance when a speed of twenty-eight miles per hour is
achieved.
Section 2. That chapter 32-20B be amended by adding a NEW SECTION to read:
Beginning January 1, 2020, any person who manufacturers or distributes an electric bicycle in this
state shall permanently affix to the electric bicycle a label that contains the following information:
(1) The designated class of the electric bicycle;
(2) The maximum assisted speed of the electric bicycle; and
(3) The wattage of the electric bicycle's motor.
If a person makes a modification to the electric bicycle that affects the bicycle's maximum speed,
or manner of propulsion, the person shall amend the label required by this section to accurately reflect
the required information.
Any person who violates this section is guilty of a Class 2 misdemeanor.
Section 3. That chapter 32-20B be amended by adding a NEW SECTION to read:
An electric bicycle shall be equipped so that the electric motor is disengaged or ceases to function
when the person stops peddling or when the brakes are applied.
Section 4. That chapter 32-20B be amended by adding a NEW SECTION to read:
Unless otherwise prohibited by a governmental entity having jurisdiction, a person may operate
a Class I or Class II electric bicycle on any bicycle path or multi-use path in this state.
A person may not operate a Class III electric bicycle on a bicycle path or multi-use path in this state
unless:
(1) The bicycle path or multi-use path is within or adjacent to a highway or roadway; or
(2) The governmental entity having jurisdiction over the bicycle path or multi-use path
expressly permits the use.
A person may operate a Class III electric bicycle on a trail that has been designated as
nonmotorized, if the trail was constructed only by clearing or grading the native soil and without the
installation or placement of any additional surface material and if the governmental entity having
jurisdiction over the trail has not otherwise prohibited or restricted the operation.
Section 5. That chapter 32-20B be amended by adding a NEW SECTION to read:
To operate a Class III electric bicycle in this state, a person shall be at least sixteen years of age.
This section does not prohibit a person younger than sixteen years of age from riding as a passenger
on a Class III electric bicycle, if the bicycle is designed to accommodate a passenger.
Section 6. That chapter 32-20B be amended by adding a NEW SECTION to read:
Any person who is less than eighteen years of age and operating a Class III electric bicycle and any
person who is a passenger on a Class III electric bicycle, regardless of age, shall wear a properly fitted
and fastened bicycle helmet.
Section 7. That chapter 32-20B be amended by adding a NEW SECTION to read:
Any person operating a Class III electric bicycle shall ensure that the bicycle is equipped with a
functioning speedometer.
Section 8. § 32-3-1 be amended to read:
32-3-1. Terms used in chapters 32-3 to 32-5B, inclusive, mean:
(1) "Commercial motor vehicle," any motor vehicle used or maintained for the transportation
of persons or property for hire, compensation, or profit, or designed, used, or maintained
primarily for the transportation of property, and not specifically excluded under § 32-9-3;
(2) "Component part," any part of a motor vehicle, trailer, or semitrailer other than a tire,
having a vehicle identification number;
(3) "Dealer," any person who, for commission or with intent to make a profit or gain, sells,
exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange
of new, or new and used vehicles, or who is engaged wholly or in part in the business of
selling new, or new and used vehicles, whether or not such vehicles are owned by that
person;
(4) "Department," Department of Revenue;
(4A) "Electric bicycle," as that term is defined in section 1 of this Act;
(4B) "Gross vehicle weight rating," the value specified by the manufacturer as the loaded weight
of a single vehicle;
(5) "Junking certificate," a certificate of ownership, which may not be restored to a title
document which allows highway use, issued by the department to the owner of a vehicle
which is going to be dismantled and sold for parts;
(5A) "Low-speed vehicle," a four-wheeled motor vehicle whose speed attainable in one mile is
more than twenty miles per hour and not more than twenty-five miles per hour on a paved
level surface.
(6) "Manufactured home," a structure, transportable in one or more sections, which is eight
body feet or more in width or forty body feet or more in length in the traveling mode, or is
three hundred twenty or more square feet when erected on a site; which is built on a
permanent chassis and designed to be used as a dwelling, with or without a permanent
foundation, when connected to the required utilities; and which contains the plumbing,
heating, air conditioning, and electrical systems therein. The term includes any structure
which meets all the requirements of this subdivision and any other structure which has been
certified by the secretary of housing and urban development. The term does not include a
recreational park trailer;
(7) "Manufacturer," any person, firm, corporation, limited liability company, or association
engaged in the manufacture of new motor vehicles as a regular business;
(8) "Mobile home," a movable or portable unit, designed and constructed to be towed on its
own chassis (comprised of frame and wheels), and designed to be connected to utilities for
year-round occupancy. The term includes:
(a) Units containing parts that may be folded, collapsed, or telescoped when being
towed and that may be expanded to provide additional cubic capacity; and
(b) Units composed of two or more separately towable components designed to be
joined into one integral unit capable of being separated again into the components
for repeated towing.
The term does not include a recreational park trailer;
(9) "Moped," a motor driven cycle equipped with two or three wheels. If a combustion engine
is used, the maximum piston or rotor displacement shall be fifty cubic centimeters
regardless of the number of chambers in such power source. The power source shall be
equipped with a power drive system that functions directly or automatically only, not
requiring clutching or shifting by the operator after the drive system is engaged. The term
does not include an electric bicycle;
(10) "Motorcycle," includes motorcycles, motorbikes, mopeds, bicycles with motor attached, and
all motor operated vehicles of the bicycle or tricycle type, whether the motive power be a
part thereof or attached thereto, and having a saddle or seat with the driver sitting astride
or upon it, or a platform on which the driver stands, but excluding a tractor. The term does
not include an electric bicycle;
(11) "Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailers, and all
vehicles propelled by power other than muscular power, except traction engines, road
rollers, farm wagons, freight trailers, vehicles that run only on rails or tracks, electric
bicycles, and off-road vehicles as defined in § 32-20-1;
(12) "New motor vehicle," any motor vehicle to which a manufacturer's statement of origin has
not been transferred, or is a motor vehicle on which title was issued from the manufacturer's
statement of origin or manufacturer's certificate of origin and is still in the name of the first
person who took title to the vehicle;
(13) "Noncommercial motor vehicle," any motor vehicle not classified as a commercial motor
vehicle;
(14) "Noncommercial trailer or semitrailer," any trailer or semitrailer not used or maintained for
the transportation of persons or property for hire, compensation, or profit;
(14A) "Notation," a physical or electronic process of recording a lien on a certificate of title, a
manufacturer's statement of origin, or a manufacturer's certificate of origin;
(15) "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed primarily to
be operated on land other than a highway and includes all terrain vehicles, dune buggies,
and any vehicle whose manufacturer's statement of origin (MSO) or manufacturer's
certificate of origin (MCO) states that the vehicle is not for highway use. The term does not
include a farm vehicle or an electric bicycle as defined in this section;
(16) "Owner," any person, firm, association, or corporation renting a motor vehicle or having
the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days;
as between contract vendor and contract vendee, the term, owner, shall refer to the contract
vendee, unless the contrary clearly appears from the context of chapters 32-3 to 32-5B,
inclusive, or a person having legal possession or title;
(17) "Rebuilt vehicle," any motor vehicle, trailer, or semitrailer that has been rebuilt by the
addition or deletion of assemblies, subassemblies, parts, or component parts so that upon
gross visual examination it does not appear to be the vehicle described in the certificate of
title last issued for the vehicle, or whose title has been marked as rebuilt by this state or
another state or jurisdiction;
(17A) "Recreational park trailer," a vehicle that is primarily designed to provide temporary living
quarters for recreational, camping, or seasonal use and which:
(a) Is built on a single chassis mounted on wheels;
(b) Has a gross trailer area not exceeding four hundred square feet in the setup mode;
(c) Is certified by the manufacturer as complying with American National Standards
Institute Standard No. A119.5 in effect on January 1, 2008; and
(d) Has at least a seventeen digit identification number and the manufacturer has
designated the vehicle as a recreational park model on the manufacturer statement
of origin;
(18) "Recreational vehicle," a vehicular portable structure built on a chassis designed to be used
as a temporary dwelling for travel, recreational, vacation, or seasonal uses, permanently
identified as a travel trailer or a recreational park trailer by the manufacturer of the trailer;
(19) "Road tractor," any motor vehicle designed and used for drawing other vehicles, except
farm or logging tractors used exclusively for farming or logging, and not so constructed as
to carry any load thereon either independently or any part of the weight of a vehicle or load
so drawn;
(20) "Secretary," secretary of revenue;
(21) "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed
and used in conjunction with a fifth wheel connecting device on a motor vehicle constructed
so that some part of its weight and that of its load rests upon or is carried by another
vehicle;
(22) "State," includes the territories and the federal districts of the United States;
(23) "Trailer," any vehicle without motive power designed for carrying property or passengers
wholly on its own structure and for being drawn by a motor vehicle;
(24) "Truck tractor," any motor vehicle designed and used primarily for drawing other vehicles
and not so constructed as to carry a load other than a part of the weight of the vehicle and
load so drawn;
(25) "Used vehicle," any motor vehicle to which title has been issued to someone other than the
first person who took title to the motor vehicle from the manufacturer's statement of origin
or manufacturer's certificate of origin; and
(26) "Vehicle identification number," the number assigned by the manufacturer or by the
department for the purpose of identifying the vehicle. The term includes any number or
letters assigned by the manufacturer for the purpose of identifying a component part and
any such number stamped on a vehicle or part according to law or the rules promulgated
by the department for the purpose of identifying the vehicle or part.
Section 9. That chapter 32-3 be amended by adding a NEW SECTION to read:
An electric bicycle, as defined in section 1 of this Act, is exempt from this chapter.
Section 10. That chapter 32-5 be amended by adding a NEW SECTION to read:
An electric bicycle, as defined in section 1 of this Act, is exempt from this chapter.
Section 11. That subdivision (5) of § 32-6D-1 be amended to read:
(5) "Motor vehicle," every vehicle intended primarily for use and operation on the public
highways which is self-propelled. The term does not apply to include any electric bicycle
as defined in section 1 of this Act, any motor home or to any motor vehicle having a
manufacturer's gross vehicle weight rating of fifteen thousand pounds or more;
Section 12. That subdivision (7) of § 32-9-1 be amended to read:
(7) "Motor vehicle," all vehicles or machines propelled by any power other than muscular used
upon the public highways for the transportation of persons or property or both. The term
does not include an electric bicycle as defined in section 1 of this Act;
Section 13. That § 32-14-1 be amended to read:
32-14-1. Terms used in chapters 32-14 to 32-19, inclusive, 32-12 and 32-22 to 32-34, inclusive,
mean:
(1) "Alcoholic beverage," as that term is defined by subdivision 35-1-1(1);
(2) "Authorized emergency vehicle," a vehicle of a fire department, a police vehicle, an
ambulance or emergency vehicle of a municipal department or public service corporation
that is designated or authorized by the department or the Department of Health, and an
emergency vehicle titled to a local organization for emergency management created
pursuant to chapter 34-48A;
(3) "Automobile transporter," a vehicle combination designed or modified to be used
specifically for the transport of assembled highway vehicles;
(4) "Boat transporter," a vehicle combination designed or modified to be used specifically for
the transport of assembled or partially disassembled boats and boat hulls;
(5) "Business district," the territory contiguous to a highway when fifty percent or more of the
frontage thereon for a distance of three hundred feet or more is occupied by buildings in use
for business;
(6) "Commission," the Public Utilities Commission;
(7) "Controlled drug or substance," as that term is defined in § 34-20B-3;
(8) "Crosswalk," that part of a roadway at an intersection included within the connections of
the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs
or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a
roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines
or other markings on the surface;
(9) "Department," the Department of Public Safety of this state acting directly or through its
duly authorized officers and agents;
(9A) "Electric bicycle," as that term is defined in section 1 of this Act;
(10) "Farm tractor," a motor vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines, and other implements of husbandry;
(11) "Highway," the entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public as a matter of right for purposes of
vehicular travel;
(12) "Intersection," the area embraced within the prolongation of the lateral curb lines or, if
none, then of the lateral boundary lines of two or more highways which join one another
at an angle, whether or not one such highway crosses the other. However, such area, in the
case of the point where an alley and a street meet within a municipality, is not an
intersection;
(13) "Law enforcement officer," as that term is defined in § 23-3-27;
(14) "Local authorities," a county, municipal, township, road district, and other local board or
body having authority to adopt local police regulations under the Constitution and laws of
this state;
(15) "Metal tires," a tire the surface of which in contact with the highway is wholly or partly of
metal or other hard, nonresilient material;
(16) "Motorcycle," a motor vehicle designed to travel on not more than three wheels in contact
with the ground, except any vehicle as may be included within the term, tractor, as herein
defined;
(17) "Motor vehicle," a vehicle, as herein defined, which that is self-propelled. The term does
not include an electric bicycle;
(18) "Official traffic control device," a sign, signal, marking, and device not inconsistent with
the law placed or erected by authority of a public body or official having jurisdiction, for
the purpose of regulating, warning, or guiding traffic. The term also includes a flagman or
a sign, signal, marking, or other device temporarily placed or erected by a person working
upon, along, above, or under a highway installing or maintaining a public service facility
and which is necessary or required to warn, direct, or otherwise control traffic during the
time of work or when a hazard exists;
(19) "Owner," a person who holds the legal title of a vehicle or in the event a vehicle is the
subject of an agreement for the conditional sale or lease thereof with the right of purchase
upon performance of the conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or in the event a mortgagor of a
vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor is the
owner for the purpose of said chapters;
(20) "Park or parking," the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in loading or unloading
merchandise or passengers;
(21) "Pneumatic tire," a tire inflated with compressed air;
(22) "Private road or driveway," a road or driveway not open to the use of the public for
purposes of vehicular travel;
(23) "Recreation vehicle," a self-propelled or towed vehicle equipped to serve as temporary
living quarters for recreational, camping, or travel purposes and used solely as a family or
personal conveyance and in no way used for a commercial purpose;
(24) "Residence district," the territory contiguous to a highway not comprising a business district
when the frontage on the highway for a distance of three hundred feet or more is mainly
occupied by dwellings or by dwellings and buildings in use for business;
(25) "Right-of-way," the right of one vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching under such circumstances of
direction, speed, and proximity as to give rise to danger of collision unless one grants
precedence to the other;
(26) "Road tractor," a motor vehicle designed and used for drawing other vehicles and not so
constructed as to carry any load thereon either independently or any part of the weight of
a vehicle or load so drawn;
(27) "Roadway," that portion of a highway improved, designed, or ordinarily used for vehicular
travel, exclusive of the berm or shoulder. If a highway includes two or more separate
roadways, the term, roadway, refers to any such roadway separately but not to all such
roadways collectively;
(28) "Safety zone," the area or space officially set aside within a highway for the exclusive use
of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly
visible at all times while set apart as a safety zone;
(29) "Semitrailer," any vehicle of the trailer type equipped with a kingpin assembly, designed
and used in conjunction with a fifth wheel connecting device on a motor vehicle and
constructed so that some part of its weight and that of its load rests upon or is carried by
another vehicle;
(30) "Sidewalk," that portion of a street between the curb lines, or the lateral lines of a roadway,
and the adjacent property lines intended for use of pedestrians;
(31) "Single axle" or "one axle," one or more consecutive axles whose centers may be included
between two transverse vertical planes spaced forty inches or less apart, extending across
the full width of the vehicle;
(32) "Solid rubber tire," a tire made of rubber other than a pneumatic tire;
(33) "Steering axle," any axle on the front of a motor vehicle that is activated by the operator to
directly accomplish guidance or steerage of the motor vehicle or combination of vehicles;
(34) "Stinger-steered transporter combination," a truck tractor semitrailer combination with a
fifth wheel located on a drop frame which is located behind and below the rearmost axle
of the power unit;
(35) "Tandem axle," two or more consecutive axles whose centers may be included between
parallel transverse vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full width of the vehicle;
(36) "Trailer," a vehicle without motive power designed for carrying property or passengers on
its own structure and for being drawn by a motor vehicle;
(37) "Truck tractor," a motor vehicle designed and used primarily for drawing other vehicles and
not so constructed as to carry a load other than a part of the weight of the vehicle and load
so drawn;
(38) "Urban district," the territory contiguous to and including any street which is built up with
structures devoted to business, industry, or dwelling houses situated at intervals of less than
one hundred feet for a distance of a quarter of a mile or more;
(39) "Vehicle," a device in, upon, or by which any person or property is or may be transported
or drawn upon a public highway, except devices moved by human power or used
exclusively upon stationary rails or tracks; including bicycles, electric bicycles, and ridden
animals;
(40) "Wireless communication device," any wireless electronic communication device that
provides for voice or data communication between two or more parties, including a mobile
or cellular telephone, a text messaging device, a personal digital assistant that sends or
receives messages, an audio-video player that sends or receives messages, or a laptop
computer. A wireless communication device does not include a global positioning or
navigation system (GPS) used to receive driving directions.
Section 14. That § 32-20-1 be amended to read:
32-20-1. As Terms used in this chapter, the following words shall mean:
(1) "Department" the Department of Public Safety.
(2) "Moped" a motor driven cycle equipped with two or three wheels. If a combustion engine
is used, the maximum piston or rotor displacement shall be fifty cubic centimeters
regardless of the number of chambers in such power source. The power source shall be
equipped with a power drive system that functions directly or automatically only, not
requiring clutching or shifting by the operator after the drive system is engaged. The term
does not include an electric bicycle as defined in section 1 of this Act.
(3) "Motorcycle" includes motorcycles, motorbikes, mopeds, bicycles with motor attached, and
all motor operated vehicles of the bicycle or tricycle type, whether the motive power be a
part thereof or attached thereto, and having a saddle or seat with the driver sitting astride
or upon it, or a platform on which the driver stands, but excluding a tractor. The term does
not include an electric bicycle as defined in section 1 of this Act.
(4) "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed primarily to
be operated on land other than a highway and includes
, but is not limited to, all terrain
vehicles, dune buggies and any vehicle whose manufacturer's statement of origin
(MSO)
or manufacturer's certificate of origin
(MCO) states that the vehicle is not for highway use.
Off-road vehicle The term does not include a farm vehicle as defined in § 32-3-2.4
or an
electric bicycle as defined in section 1 of this Act.
Section 15. That subdivision (6) of § 32-35-1 be amended to read:
(6) "Motor vehicle," every a vehicle which that is self-propelled and every a vehicle which that
is propelled by electric power obtained from overhead trolley wires, but not operated upon
rails. The term does not include an electric bicycle as defined in section 1 of this Act;
Section 16. That § 32-38-2 be amended to read:
32-38-2. For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle intended
primarily for use and operation on the public highways including passenger cars, station wagons, vans,
taxicabs, emergency vehicles, motor homes, trucks, and pickups any passenger car, station wagon, van,
taxicab, emergency vehicle, motor home, truck, or pickup. The term does not include motorcycles,
motor scooters, motor bicycles, motorized bicycles, passenger buses, and school buses any motorcycle,
motor scooter, motor bicycle, electric bicycle, passenger bus, or school bus. The term also does not
include any farm tractors and implements tractor or implement of husbandry designed primarily or
exclusively for use in agricultural operations. "
Moved by: Cammack
Second by: Steinhauer
Action: Prevailed by voice vote.
MOTION: DO PASS SB 187 AS AMENDED
Moved by: Steinhauer
Second by: Ewing
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Cammack, Ewing, Novstrup, Steinhauer, Wismer, DiSanto
Excused: Jensen (Phil)
MOTION: AMEND TITLE OF SB 187
187ota
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "define electric
bicycles and to provide for the regulation of electric bicycles.".
On page 1, delete line 2.
Moved by: Novstrup
Second by: Steinhauer
Action: Prevailed by voice vote.
MOTION: PLACE SB 187 ON CONSENT CALENDAR
Moved by: Steinhauer
Second by: Ewing
Action: Prevailed by voice vote.
HB 1198: define activities that constitute human trafficking.
Presented by: Representative Doug Barthel
Proponents: Senator Jack Kolbeck
Becky Rassmussen, Call to Freedom, Self, Sioux Falls, SD
Jordan Bruxvoort, self, Sioux Falls
Dre, Self, Survivior of Trafficking
MOTION: DO PASS HB 1198
Moved by: Novstrup
Second by: Steinhauer
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Cammack, Ewing, Novstrup, Steinhauer, Wismer, DiSanto
Excused: Jensen (Phil)
MOTION: PLACE HB 1198 ON CONSENT CALENDAR
Moved by: Novstrup
Second by: Steinhauer
Action: Failed by voice vote.
HB 1128: revise provisions regarding the maximum term of promissory notes issued to
municipalities.
Presented by: Senator Gary Cammack
Proponents: Greg Barnier, City of Sturgis, Attorney, Sturgis , SD
Yvonne Taylor, South Dakota Municipal League
MOTION: DO PASS HB 1128
Moved by: Cammack
Second by: Ewing
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Cammack, Ewing, Novstrup, Steinhauer, Wismer, DiSanto
Excused: Jensen (Phil)
MOTION: PLACE HB 1128 ON CONSENT CALENDAR
Moved by: Cammack
Second by: Ewing
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Ewing
Second by: Cammack
Action: Prevailed by voice vote.
Mary Kirk
____________________________
Committee Secretary
Lynne DiSanto, Vice Chair
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