72nd Legislative Session -- 1997

Committee: House Transportation

Monday, February 3, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Duenwald
P      Konold
P      Kooistra
P      Matthews
P      Smidt
P      Wetz
E      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 Vice Chairman Napoli.


MOTION:      TO APPROVE THE MINUTES OF JANUARY 29, 1997

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

          HB 1161:   to revise certain provisions regarding temporary supplemental lots and authorizing temporary special events lots for selling of certain vehicles.

Proponents:      None.
Opponents:      None.
Presented by:      Representative Ken Kredit, prime sponsor, Platte
Comments by:      Deb Hillmer, Director of Motor Vehicles, Dept. of Revenue, Pierre (for clarification)

MOTION:      DO PASS HB 1161



Moved by:      Representative Duenwald
Second by:      Representative Smidt
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO AMEND HB 1161

j-1161
     On page 1 , line 16 , after " where " insert " a licensed motorcycle dealer, a " .


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

MOTION:      DO PASS HB 1161 AS AMENDED

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

MOTION:      SUBSTITUTE MOTION TO DEFER HB 1161 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Wetz
Second by:      Representative Volesky
Action:      Prevailed by roll call vote.   (7-3-3-0)

Representative Matthews excused himself from voting because of a conflict of interest.

Voting yes:      Duenwald, Konold, Kooistra, Wetz, Lee, Schrempp, Volesky

Voting no:      Smidt, Sperry, Napoli

Excused:      Matthews, Wick, Koskan

Representative Volesky assumed the chair.

          HB 1160:   to revise the definition of a large boat.

Proponents:      Rich Sattgast, SD Association of County Officials, Pierre
Opponents:      None
Presented by:      Representative Bill Napoli, prime sponsor, Rapid City

MOTION:      TO TABLE HB 1160



Moved by:      Representative Matthews
Second by:      Representative Schrempp
Action:      Prevailed by roll call vote.   (11-1-1-0)

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

Voting no:      Volesky

Excused:      Wick

Chair Koskan assumed the chair.

          HB 1107:   to establish a fee for mailing or expressing commercial license plates or stickers.

Proponents:      Rich Sattgast, SD Association of County Officials, Pierre (Document 1)

          Deb Hillmer, Director of Motor Vehicles, Dept. of Revenue, Pierre
Opponents:      None.
Presented by:      Representative Bill Napoli, prime sponsor, Rapid City

MOTION:      AMEND HB 1107

j-1107
     On page 1 , line 16 , delete " or express " .

     On page 2 , line 1 , after " cents. " insert " If the applicant requests that the plates or decals be express mailed, the applicant shall pay any costs for the express mailing service. " .


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

MOTION:      DO PASS HB 1107 AS AMENDED

Moved by:      Representative Lee
Second by:      Representative Konold
Action:      Prevailed by roll call vote.   (12-0-1-0)

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


Excused:      Wick

MOTION:      PLACE HB 1107 ON CONSENT

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

          HB 1141:   to revise certain provisions concerning those vehicles that are acceptable for sale by an auction agency.

Proponents:      Jerry Biedenfeld, SD Used Car Dealers' Association, Pierre
          Tom Adam, SD Bankers' Association, Pierre
Opponents:      None.
Presented by:      Representative Bill Napoli, prime sponsor, Rapid City
Comments by:      Deb Hillmer, Director of Motor Vehicles, Dept. of Revenue, Pierre (for clarification)

MOTION:      DO PASS HB 1141

Moved by:      Representative Kooistra
Second by:      Representative Sperry
Action:      Prevailed by roll call vote.   (10-1-2-0)

Voting yes:      Duenwald, Konold, Kooistra, Smidt, Lee, Schrempp, Sperry, Volesky, Napoli, Koskan

Voting no:      Wetz

Excused:      Matthews, Wick

Vice Chair Napoli assumed the chair.

          HB 1131:   FOR AN ACT ENTITLED, An Act to exempt certain agricultural equipment from motor vehicle registration and licensing requirements.

Proponents:      None.
Opponents:      Deb Hillmer, Director of Motor Vehicles, Dept. of Revenue, Pierre (presented only one copy of photos of hay hauler)
          Lt. Bill Mickelson, SD Highway Patrol, Dept. of Commerce and Regulation, Pierre
          Rich Sattgast, SD Association of County Officials, Pierre
Presented by:      Representative John Koskan, prime sponsor, Wood

MOTION:      DO PASS HB 1131

Moved by:      Representative Schrempp
Second by:      Representative Sperry
Action:      Representative Schrempp withdrew his motion with no objections.

MOTION:      AMEND HB 1131

j-1131
     On page 1 , line 13 , after " vehicle. " insert " However, the trailer or unit is not exempt if it is used to transport another person's hay for hire. " .


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

MOTION:      DO PASS HB 1131 AS AMENDED

Moved by:      Representative Schrempp
Second by:      Representative Lee
Action:      Failed by roll call vote.   (5-5-3-0)

Voting yes:      Duenwald, Lee, Schrempp, Sperry, Koskan

Voting no:      Konold, Kooistra, Smidt, Wetz, Napoli

Excused:      Matthews, Wick, Volesky

MOTION:      DEFER HB 1131 UNTIL 41st LEGISLATIVE DAY

Moved by:      Representative Wetz
Second by:      Representative Kooistra
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO DEFER HB 1131 UNTIL WEDNESDAY, FEBRUARY 5, 1997

Moved by:      Representative Koskan
Second by:      Representative Lee
Action:      Prevailed by roll call vote.   (7-3-3-0)

Voting yes:      Duenwald, Smidt, Lee, Schrempp, Sperry, Napoli, Koskan

Voting no:      Konold, Kooistra, Wetz

Excused:      Matthews, Wick, Volesky


          HB 1129:   to establish certain requirements for driving under a work permit.

Proponents:      None.
Opponents:      David Volk, Secretary of Commerce and Regulation, Pierre
          Lt. Bill Mickelson, SD Highway Patrol, Dept. of Commerce and Regulation, Pierre
          Pam Kusler, Director of Drivers' Licensing Program, Pierre
Presented by:      Representative John Koskan, prime sponsor, Wood (used visual aid, DUI sticker)

MOTION:      DEFER HB 1129 UNTIL 41st LEGISLATIVE DAY

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

MOTION:      SUBSTITUTE MOTION TO AMEND HB 1129

j-1129
     On page 2 , after line 9 , insert:

"      Section 4. That § 32-23-3 be amended to read as follows:

     32-23-3.   If conviction for a violation of §   32-23-1 is for a second offense, such person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the defendant's driving privilege for a period of not less than one year. However, upon the successful completion of a court-approved alcohol treatment program, the court may permit the person to drive for the purpose of employment and may restrict the privilege by the imposition of such conditions as the court sees fit. If such person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than three days, which sentence may not be suspended. If the court issues an order permitting the person to operate a motor vehicle, the person shall display a magnetic sign on any vehicle the person operates. A violation of driving without a magnetic sign is a Class 2 misdemeanor. Any person who operates any motor vehicle pursuant to this court order is considered to have given consent to any random stoppage or search of the vehicle the person is operating. "



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

MOTION:      DEFER HB 1129 UNTIL THE 41ST LEGISLATIVE DAY

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

MOTION:      CALL THE QUESTION

Moved by:      Representative Matthews

MOTION:      ACTION ON PREVIOUS MOTION TO DEFER HB 1129 UNTIL THE 41ST LEGISLATIVE DAY

Action:      Failed by roll call vote.   (6-2-5-0)

Voting yes:      Duenwald, Konold, Kooistra, Matthews, Wetz, Napoli

Voting no:      Smidt, Koskan

Excused:      Wick, Lee, Schrempp, Sperry, Volesky

MOTION:      WITHOUT RECOMMENDATION

Moved by:      Representative Koskan
Second by:      Representative Duenwald
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO DEFER HB 1129 UNTIL WEDNESDAY, FEBRUARY 5, 1997

Moved by:      Representative Matthews
Second by:      Representative Konold
Action:      Prevailed by roll call vote.   (8-0-5-0)

Voting yes:      Duenwald, Konold, Kooistra, Matthews, Smidt, Wetz, Napoli, Koskan

Excused:      Wick, Lee, Schrempp, Sperry, Volesky

Chair Koskan assumed the chair.

MOTION:      ADJOURN

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



Jenelle Busse

_________________________________

Committee Secretary
John Koskan, Chair






../970203.HTR
Page 1