72nd Legislative Session -- 1997

Committee: House Transportation

Wednesday, February 5, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Duenwald
P      Konold
P      Kooistra
P      Matthews
P      Smidt
P      Wetz
P      Wick
E      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-Chair Napoli.


MOTION:      TO APPROVE THE MINUTES OF FEBRUARY 3, 1997

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

          HB 1092:   to revise certain provisions related to the operation of motorboats.

Proponents:      Mike Shaw, National Association of Independent Insurers, Pierre
Opponents:      None.
Presented by:      Representative Deb Fischer-Clemens, prime sponsor, Mitchell (Document 1)
Comments by:      Doug Hofer, Director, Dept. of Game, Fish and Parks, Pierre

MOTION:      AMEND HB 1092

t-1092a
     Delete everything after the enacting clause and insert:

"      Section  1.  That § 42-8-58 be amended to read as follows:

     42-8-58.   The operator of a boat on public waters shall, in the case of a collision or an accident resulting in damage to a boat or other property in excess of five hundred dollars or resulting in death or injury to a person requiring medical attention, give notice to and immediately, by the quickest means of communication, give notice of the collision or accident to the nearest conservation officer or other peace officer and shall file with the Department of Game, Fish and Parks a full description of the collision or accident upon forms provided by the department and available from any state or county law enforcement agency. If the collision or accident resulted in death or injury to a person requiring medical attention, the operator shall file within forty-eight hours. If the collision or accident resulted in damage to a boat or other property in excess of five hundred dollars but does not result in death or injury, the operator shall file within ten days. If the operator is unable to file, then someone acting for the operator may file. The secretary of game, fish and parks may investigate the circumstances of the accident. Any person who fails to file a report as required by this section is guilty of a Class 2 misdemeanor.

     Section  2.  That § 42-8-69 be amended to read as follows:

     42-8-69.   No owner of a motorboat which is propelled by a motor of more than six horsepower may allow any person under twelve years of age to operate such a motorboat unless such person is accompanied by a person of at least eighteen years of age. This section does not apply to personal watercraft as defined in §  42-8-2. A violation of this section is a Class 2 misdemeanor.

     Section  3.  That § 42-8-102 be amended to read as follows:

     42-8-102.   No person may operate a personal watercraft:

                   (1)      Unless each person aboard is wearing a type I, type II, type III, or type V personal flotation device approved by the United States Coast Guard;
                   (2)      That is equipped by the manufacturer with a lanyard type engine cutoff without attaching such lanyard to his person, clothing, or personal flotation device as appropriate for the specific watercraft;
                   (3)      Between the hours of one-half hour after sunset to one-half hour before sunrise unless the personal watercraft is equipped with navigation lights as required by the Department of Game, Fish and Parks by rules promulgated pursuant to chapter 1-26;
                   (4)      At greater than a slow-no-wake speed within one hundred fifty feet of any dock, swimmer, swimming raft, or nonmotorized boat. Slow-no-wake is the slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour;
                   (5)      In other than a reasonable and prudent manner; and
                   (6)      To chase or harass wildlife, or travel through emergent floating vegetation at greater than slow-no-wake speed.
     Except in the case of an emergency, no person under the age of twelve fourteen may operate or be permitted to operate a personal watercraft, regardless of horsepower, unless there is a person eighteen years of age or older on board the craft. No owner of a personal watercraft may permit the personal watercraft to be operated by such underage person. The provisions of this section do not

apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially-sanctioned regatta, race, marine parade, tournament, or exhibition. A violation of this section is a Class 2 misdemeanor. "



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

MOTION:      SUBSTITUTE MOTION TO AMEND HB 1092

j-1092
     Delete everything after the enacting clause and insert:

"      Section  4.  That § 42-8-58 be amended to read as follows:

     42-8-58.   The operator of a boat on public waters shall, in the case of a collision or an accident resulting in damage to a boat or other property in excess of five hundred dollars or resulting in death or injury to a person requiring medical attention, give notice to and immediately, by the quickest means of communication, give notice of the collision or accident to the nearest conservation officer or other peace officer and shall file with the Department of Game, Fish and Parks a full description of the collision or accident upon forms provided by the department and available from any state or county law enforcement agency. If the collision or accident resulted in death or injury to a person requiring medical attention, the operator shall file within forty-eight hours. If the collision or accident resulted in damage to a boat or other property in excess of five hundred dollars but does not result in death or injury, the operator shall file within ten days. If the operator is unable to file, then someone acting for the operator may file. The secretary of game, fish and parks may investigate the circumstances of the accident. Any person who fails to file a report as required by this section is guilty of a Class 2 misdemeanor.

     Section  5.  That § 42-8-69 be amended to read as follows:

     42-8-69.   No owner of a motorboat which is propelled by a motor of more than six horsepower may allow any person under twelve years of age to operate such a motorboat unless such person is accompanied by a person of at least eighteen years of age. This section does not apply to personal watercraft as defined in §  42-8-2. A violation of this section is a Class 2 misdemeanor. "



Moved by:      Representative Koskan
Second by:      Representative Napoli
Action:      Failed by roll call vote.   (6-6-1-0)

Voting yes:      Duenwald, Wetz, Wick, Schrempp, Napoli, Koskan

Voting no:      Konold, Kooistra, Matthews, Smidt, Sperry, Volesky

Excused:      Lee

MOTION:      PREVIOUS MOTION TO AMEND HB 1092

Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1092 AS AMENDED

Moved by:      Representative Volesky
Second by:      Representative Schrempp
Action:      Prevailed by roll call vote.   (7-5-1-0)

Voting yes:      Konold, Kooistra, Matthews, Smidt, Schrempp, Sperry, Volesky

Voting no:      Duenwald, Wetz, Wick, Napoli, Koskan

Excused:      Lee

Chair Koskan assumed the chair.

          HB 1120:   to increase the minimum age requirement of certain persons aboard personal watercraft.

Proponents:      None.
Opponents:      None.
Presented by:      Representative Dan Matthews, prime sponsor, Mitchell

MOTION:      DEFER HB 1120 UNTIL THE 41ST LEGISLATIVE DAY

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

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

Excused:      Lee, Volesky

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

HB 1131 was originally heard on February 3, 1997.

Proponents:      Kevin Rowe, representing self, Carter
Comments by:      Deb Hillmer, Director, Motor Vehicles, Dept. of Revenue, Pierre (for clarification)


HB 1131 was deferred until Monday, February 10, 1997.


          HB 1012:   to raise the minimum driving age and to repeal the provisions for a restricted minor's permit.

Proponents:      Mike Shaw, National Association of Independent Insusrers, Pierre
          Wyland Borth, concerned citizen, former director of drivers' education, Pierre
Opponents:      Marie Ingalls, SD Farm Bureau, Opal
          Noel Pesall,representing self, Brookings
Presented by:      Representative Clarence Kooistra, prime sponsor, Garretson

MOTION:      AMEND HB 1012

o-1012
     On page 2 , delete lines 6 to 24 , inclusive , and insert:

"      Section 2. That § 32-12-12 be amended to read as follows:

     32-12-12.   A restricted minor's permit may be issued, upon application and payment of the proper fee as provided for in §   32-12-16, and passage of all driver's license examination tests, to any minor between the ages of fourteen fifteen and sixteen years. A restricted minor's permit entitles the holder , while having the permit in his immediate physical possession , of the permit to operate a motor vehicle during the hours of 6 a.m. to 8 p.m. standard time if the motor vehicle is being operated with the permission of the minor's parents or guardian and during the hours of 8 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the minor's parent or guardian who is occupying a seat beside the driver. The restrictions as to time of operation and operation under the direction of a parent or guardian do not apply to the holder of a valid restricted minor's permit operating a self-propelled agricultural machine which is not subject to registration under chapter 32-5.

     Section 3. That § 32-12-29 be amended to read as follows:

     32-12-29.   The Department of Commerce and Regulation shall may not issue any license under this chapter to any person who is under the age of sixteen years, except that the department may issue a restricted license as provided in § §   32-12-11 to 32-12-15, inclusive, to any person who is at least fourteen fifteen years of age. "


     Delete pages 3 to 5 , inclusive .

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

HB 1012 was deferred until Monday, February 10, 1997.



          HB 1138:   to provide for a graduated driver's licensing system.

Proponents:      Mike Shaw, National Association of Independent Insurers, Pierre
          Craig Matson, State Farm Insurance, Sioux Falls
          Wyland Borth, concerned citizen, former director of drivers' education, Pierre
Opponents:      Noel Pesall, representing self, Brookings
Presented by:      Representative Dick Brown, prime sponsor, Sioux Falls (Document 2), Craig Matson, State Farm Insurance, Sioux Falls (explained the technical aspects of HB1138)

MOTION:      AMEND HB 1138

j-1138
     On page 3 , line 11 , overstrike " or a conviction for a violation of " .

     On page 3 , line 12 , delete " a " .

     On page 3 , line 12 , overstrike " permit committed prior to the minor's sixteenth birthday " .

     On page 3 , line 14 , delete " of driving under the influence of alcohol or drugs, " .

     On page 3 , line 15 , before " or " delete " , " .

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

HB 1138 was deferred until Monday,February 10, 1997.

          HB 1270:   to provide for a graduated driver's licensing system, to increase the fee for certain driver licenses and permits, and to provide for the use of such fee increases.

Proponents:      Wyland Borth, concerned citizen, former director of drivers' education, Pierre
Opponents:      Mike Shaw, National Association of Independent Insurers, Pierre
          Noel Pesall, representing self, Brookings
Presented by:      Representative Hal Wick, prime sponsor, Sioux Falls
Comments by:      Craig Matson, State Farm, Sioux Falls (for clarification)

MOTION:      AMEND HB 1270

j-1270a
     On page 2 , line 18 , before " permission " insert " written " .

     On page 2 , line 19 , after " guardian " insert " and has such written permission in immediate physical possession " .


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

HB 1270 was deferred until Monday, February 10, 1997.

MOTION: ADJOURN

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



Jenelle Busse

_________________________________

Committee Secretary
John Koskan, Chair


../970205.HTR    Page 1