72nd Legislative Session -- 1997

Committee: House Transportation

Wednesday, January 29, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Duenwald
P      Konold
P      Kooistra
P      Matthews
P      Smidt
P      Wetz
P      Wick
P      Lee
P      Schrempp
P      Sperry
P      Volesky
P      Napoli, Vice-Chair
P      Koskan, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Koskan.


MOTION:      TO APPROVE THE MINUTES OF JANUARY 27, 1997

Moved by:      Representative Schrempp
Second by:      Representative Wetz
Action:      Prevailed by voice vote.

          HB 1035:   to revise certain provisions pertaining to the regulation of vehicle dealers, snowmobile dealers, and boat dealers.

HB 1035 was originally heard on January 27, 1997.

Proponents:      R. Van Johnson, Executive Vice President, SD Automobile Dealers' Association, Sioux Falls
Opponents:      Mike Wosje, Owners Auto Mart, Sioux Falls
          Todd McPherson, SD Auctioneers' Association, Rapid City
          Tim Dougherty, attorney, representing Owners Auto Mart, Sioux Falls


Comments by:      Deb Hillmer, Motor Vehicles, Dept. of Transportation, Pierre (testified to clarify an issue)

MOTION:      AMEND HB 1035

j-1035a
     On page 5 , line 16 , delete " or " .

     On page 5 , delete line 17 and insert " . The notice " .

     On page 5 , line 19 , after " delivered " insert " and shall state that the licensee is entitled to a hearing if the licensee submits a written request for a hearing to the department prior to the effective date of the revocation " .


Moved by:      Representative Matthews
Second by:      Representative Volesky
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1035

j-1035d
     On page 3 , remove the overstrikes from line 6 .

     On page 3 , line 6 , delete " an " .

     On page 3 , delete lines 7 and 8 , , inclusive .

     On page 3 , line 9 , delete " dealers " .


Moved by:      Representative Napoli
Second by:      Representative Lee
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1035

j-1035b
     On page 9 , after line 6 , insert:
"      Section 15. That § 32-6B-3 be amended to read as follows:
     32-6B-3.   No person Any vehicle dealer may sell, or offer to sell, new or used vehicles on consignment. For the purposes of this chapter, " consignment " means the delivery of a vehicle by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the vehicle or has a right to return the vehicle to the seller. Any vehicle dealer who sells, or offers to sell, vehicles on

consignment shall enter into a contract with the consignor. The department shall prescribe the form of the contract. "


Moved by:      Representative Napoli
Second by:      Representative Wetz

MOTION:      AMEND THE AMENDMENT

j-1035g
     On line 1 , delete " vehicle dealer " and insert " person " .

     On line 5 , delete " vehicle " and insert " person " .

     On line 6 , delete " dealer " .


Moved by:      Representative Matthews
Second by:      Representative Lee
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO AMEND THE AMENDMENT

j-1035h
     On line 1 , delete " dealer " and insert " or public auction " .

     On line 6 , after " dealer " insert " or public auction ".


Moved by:      Representative Napoli
Second by:      Representative Duenwald

MOTION:      TO TAKE A ROLL CALL VOTE ON THE SUBSTITUTE MOTION

Moved by:      Representative Volesky
Second by:      Representative Lee
Action:      Prevailed by voice vote.

Action:      Prevailed by roll call vote.   (10-3-0-0)

Voting yes:      Duenwald, Kooistra, Matthews, Smidt, Wetz, Lee, Schrempp, Sperry, Napoli, Koskan

Voting no:      Konold, Wick, Volesky

MOTION:      AMEND HB 1035



j-1035
     On page 3 , line 13 , remove the overstrikes from " and " .

     On page 3 , line 16 , delete " ; and " .

     On page 3 , delete lines 17 and 18 , , inclusive .

     On page 3 , line 19 , delete " this Act " .

     On page 3 , delete lines 20 to 24, inclusive .

     On page 4 , delete lines 1 to 12 , inclusive .


Moved by:      Representative Matthews
Second by:      Representative Volesky
Action:      Prevailed by roll call vote.   (11-2-0-0)

Voting yes:      Duenwald, Kooistra, Matthews, Smidt, Wetz, Wick, Lee, Schrempp, Sperry, Volesky, Napoli

Voting no:      Konold, Koskan

MOTION:      DO PASS HB 1035 AS AMENDED

Moved by:      Representative Matthews

Representative Matthews withdrew the motion.

MOTION:
     AMEND HB 1035

j-1035c
     On page 8 , delete lines 4 to 24 , inclusive .

     On page 9 , delete lines 1 to 6 , inclusive .


Moved by:      Representative Volesky
Second by:      Representative Matthews
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1035


j-1035f
     On page 5 , line 21 , delete everything after “ chapter .

     On page 5 , line 22 , delete " retain the license " .


Moved by:      Representative Napoli
Second by:      Representative Wetz
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1035 AS AMENDED

Moved by:      Representative Matthews
Second by:      Representative Volesky
Action:      Prevailed by roll call vote.   (9-3-1-0)

Voting yes:      Duenwald, Matthews, Smidt, Wetz, Wick, Schrempp, Volesky, Napoli, Koskan

Voting no:      Konold, Kooistra, Sperry

Excused:      Lee

          HB 1084:   to establish fifty-five miles per hour as the speed limit on township roads.

Proponents:      Henning Hansen, SD Association of Towns and Townships, Elkton
          Gail Brock, Executive Director, Association of Towns and Townships, Huron
          Jim Jenssen, Dept. of Transportation
Opponents:      None
Presented by:      Representative Bob Weber, prime sponsor

MOTION:      DO PASS HB 1084

Moved by:      Representative Kooistra
Second by:      Representative Wick
Action:      Prevailed by roll call vote.   (8-3-2-0)

Voting yes:      Duenwald, Konold, Kooistra, Matthews, Smidt, Wick, Sperry, Volesky

Voting no:      Wetz, Napoli, Koskan

Excused:      Lee, Schrempp

MOTION:      ADJOURN


Moved by:      Representative Napoli
Second by:      Representative Smidt
Action:      Prevailed by voice vote.


Jenelle Busse

_________________________________

Committee Secretary
John Koskan, Chair







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