84th Legislative Session _ 2009

Committee: House Transportation
Thursday, February 05, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Elliott
P    Iron Cloud III
P    Juhnke, Vice-Chair
P    Kopp
P    Lange
P    McLaughlin
P    Novstrup (David)
P    Russell
P    Schrempp
P    Steele
P    Street
P    Verchio
P    Krebs, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Krebs, Chair.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 3, 2009

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

        
HB 1140: make an appropriation from the railroad trust fund for the construction of a railroad siding.

Presented by:    Representative Kent Juhnke
Proponents:    Bill Nevin, Department of Transportation
        William Ricchers, Wagner Native Ethanol (Handouts: #1 & #2)


        Pat Beaudette, Wagner Native Ethanol
        Joe Kraljic, Brotherhood of Maintenance of Way
        Kenneth Cotton,NAPA-Platte RRA
        Representative Bill Van Gerpen

MOTION:     AMEND HB 1140

1140oa

     On page 1, after line 13 of the printed bill, insert:

"      Section 4. This Act only becomes effective upon completion of the proposed sale of the state- owned Napa Railroad Line.".



Moved by:    Juhnke
Second by:    McLaughlin
Action:    Prevailed by voice vote.

MOTION:     REFER HB 1140 TO APPROPRIATIONS AS AMENDED

Moved by:    Juhnke
Second by:    Street
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Elliott, Iron Cloud III, Juhnke, Kopp, Lange, McLaughlin, Novstrup (David), Russell, Schrempp, Steele, Street, Verchio, Krebs

        
HB 1121: establish certain procedural requirements related to the relocation of electrical lines, communication lines, and pipelines.

Presented by:    Representative Manny Steele
Proponents:    Jeff Carmon, Quest Corporation
Opponents:    Yvonne Taylor, SD Municipal League

MOTION:     AMEND HB 1121

1121ta

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

     "
     Section 1. That § 31-26-23 be amended to read as follows:

     31-26-23.   When any highway along, under, or over which such facilities have been constructed shall be changed, the permit holder shall, upon ninety days' notice in writing, remove or relocate such facilities at its own cost. If any highway or public entity infrastructure is constructed or changed within the public right-of-way, the public entity or its representative shall notify any affected utility that has electrical lines, communications lines, or pipelines and allow the affected utility to participate in a coordination meeting during the planning or design phase of the project, except as provided in this section. The coordination meeting shall allow the affected utility to review the project scope or design and understand goals and objectives of the proposed project. The meeting shall allow the public entity and affected utility to discuss options to minimize construction delays, limit the impact of the construction on utility facilities, and to minimize or eliminate costs associated with any utility removal or relocation. Such options may not cause the public entity to incur additional costs unless an agreement is reached to have the affected utility pay for the additional costs incurred by the public entity.

     If the public entity determines that coordination meetings will not be held due to the project scope and size, the public entity shall notify any affected utility and allow the affected utility thirty days to submit written comments on the project.

     After the development meetings or after the written comment period, the permit holder shall, upon ninety days notice in writing, remove or relocate the facilities at its own cost unless other arrangements have been mutually agreed upon. If winter weather conditions make removal or relocation impractical, the accrual of time within the ninety-day notification period shall be suspended until conditions make removal or relocation practical. If a utility's facility is discovered during construction that was not identified by the utility during the planning or design phase, the ninety-day notice is not required and the utility shall coordinate with the public entity to remove or relocate the facility as soon as practically possible for the project. "


Moved by:    Kopp
Second by:    Juhnke
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1121 AS AMENDED

Moved by:    Steele
Second by:    Russell
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1121 TO THE 41ST LEGISLATIVE DAY

Moved by:    Street
Second by:    Juhnke
Action:    Prevailed by roll call vote. (8-5-0-0)

Voting Yes:    Elliott, Juhnke, Lange, McLaughlin, Novstrup (David), Street, Verchio, Krebs

Voting No:    Iron Cloud III, Kopp, Russell, Schrempp, Steele

        
HB 1160: revise certain provisions requiring the construction of fences by railroads.

Presented by:    Representative Bernie Hunhoff
Proponents:    Joe Kraljic, Brotherhood of Maintenance of Way (Handouts: #3)
Opponents:    Bill Nevin, Department of Transportation

MOTION:     AMEND HB 1160

1160oa

     On page 2, line 3, of the printed bill, after " frozen. " Insert " The provisions of this section do not apply to the State of South Dakota. ".


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

MOTION:     AMEND HB 1160

1160ta

     On page 2, line 1, of the printed bill, delete everything before " track " and insert " For any section of ".

     On page 2, line 2, after " Administration " insert " , the railroad is not required to construct or maintain fences; but the railroad shall supply the landowner with materials needed to construct and maintain the same types of fences under the same conditions as specified in this section for other classifications of track ".


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

MOTION:     DEFER HB 1160 TO THE 41ST LEGISLATIVE DAY

Moved by:    Steele
Second by:    Juhnke
Action:    Prevailed by roll call vote. (8-5-0-0)

Voting Yes:    Juhnke, Kopp, McLaughlin, Novstrup (David), Russell, Steele, Verchio, Krebs

Voting No:    Elliott, Iron Cloud III, Lange, Schrempp, Street

MOTION:     ADJOURN

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

Diane Mellan

____________________________

Committee Secretary
Shantel Krebs, Chair