72nd Legislative Session -- 1997

Committee: House Transportation

Monday, February 10, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

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


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Koskan.


MOTION:      TO APPROVE THE MINUTES OF FEBRUARY 5, 1997.

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

Chair Koskan asked the prime sponsors of HB 1138, HB 1270 and HB 1012 to review their bills for the committee.


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

HB 1138 was originally heard on February 5, 1997.

Presented by:      Representative Dick Brown, prime sponsor, Sioux Falls


Comments by:      Pam Kusler, Director of Drivers' Licensing Program, Dept. of Commerce and Regulation, Pierre (for clarification)

MOTION:      TO FURTHER AMEND HB 1138

r-1138
     On page 1 , line 11 , remove the overstrikes from " during the hours of 8 p.m. "

     On page 1 , line 12 , remove the overstrikes from " to 6 a.m. "

     On page 1 , line 12 , delete " if the vehicle is being operated only on the most direct route between the operator's " .

     On page 1 , delete lines 13 to 15 , inclusive .

     On page 1 , line 16 , delete " only " .


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

MOTION: DO PASS HB 1138 AS AMENDED

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

MOTION:      SUBSTITUTE MOTION TO DEFER HB 1138 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Napoli
Second by:      Representative Schrempp
Action:    Prevailed by roll call vote.   (9-4-0-0)

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

Voting no:      Kooistra, Matthews, Volesky, Wick

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

HB 1012 was originally heard on February 5, 1997.

Presented by:      Representative Clarence Kooistra, prime sponsor, Garretson



MOTION:      AMEND HB 1012

o-1012c
     Delete everything after the enacting clause and insert:

"      Section  1.  That § 32-12-11 be amended to read as follows:

     32-12-11.   Any person who is at least fourteen years of age may apply to the Department of Commerce and Regulation for an instruction permit. The department may, after the applicant has successfully passed all parts of the examination other than the driving test and paid a fee which is equal in amount to the fee prescribed for a driver's license in §   32-12-16, issue to the applicant an instruction permit. The instruction permit entitles the applicant holder while having the permit in his immediate physical possession of the permit to drive a motor vehicle upon the public highways for a period of one hundred and eighty days year if accompanied by a licensed operator who is at least eighteen years of age, who has had at least one year of driving experience, and who is occupying a seat beside the driver unless the permittee permit holder is operating a motorcycle or a moped. A motorcycle instruction permit entitles the holder, while having the permit in his immediate physical possession of the permit , to operate a motorcycle during the hours of 6 a.m. to 8 p.m. if he the holder is accompanied by a licensed motorcycle operator who is at least eighteen years of age, who has at least one year of driving experience , and who is driving another motorcycle along with the permit holder. No motorcycle instruction permit holder may carry another person on the motorcycle. The permit is valid for thirty days. The permit may be issued only once in a one-year period one year .     

     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 , upon completion of a state approved driver's training program, and upon passage of all driver's license examination tests, to any a minor between the ages of at least fourteen and sixteen years of age, if the applicant for a restricted minor's permit has not received a citation for a moving violation during the past six months while holding or eligible to hold an instruction permit . A restricted minor's permit entitles the holder, while having the permit in his immediate physical possession, 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 vehicle is being operated only on the most direct route between the operator's home and the school in which the operator is enrolled and is in session or on the most direct route between the operator's home and the operator's place of employment or in the course of employment. The holder of a restricted minor's permit may otherwise operate a motor vehicle only 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. "



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

MOTION:      TO TABLE HB 1012

Moved by:      Representative Wetz
Second by:      Representative Schrempp
Action:      Prevailed by roll call vote.   (9-2-2-0)

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

Voting no:      Kooistra, Napoli

Excused:      Volesky, Wick

          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.

HB 1270 was originally heard on February 5, 1997.

Presented by:      Representative Hal Wick, prime sponsor, Sioux Falls (Representative Wick had not arrived at the committee meeting when this bill was being discussed. Dick Tieszen, attorney, explained the differences in HB 1138, 1270 and 1138.)

MOTION:      DEFER HB 1270 UNTIL 41st LEGISLATIVE DAY.

Moved by:      Representative Matthews
Second by:      Representative Konold
Action:      Prevailed by roll call vote.   (9-4-0-0)

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

Voting no:      Kooistra, Matthews, Volesky, Wick

          HB 1089:   to require a temporary permit and fee for motorcycles and trailers to be displayed at certain events.

Proponents:      Francie Reubel-Albert, Sturgis Rally and Race, Inc., Sturgis
          R. Van Johnson, executive vice- president, SD Automobile Dealers Association, Sioux Falls
Opponents:      None.
Presented by:      Representative Kenny McNenny, prime sponsor, Sturgis
Comments by:      Deb Hillmer, Director of Motor Vehicles, Dept. of Revenue, Pierre (for clarification)

MOTION:      AMEND HB 1089

f-1089
     On page 1 , line 7 , after " display " insert " but may not sell any " .

     On page 1 , line 12 , after " display " insert " but may not sell any " .


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

MOTION:      DO PASS HB 1089 AS AMENDED

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

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

Voting no:      Matthews

          HB 1100:   to provide special license plates for shriners.

Proponents:      Roxy Laur, public relations, Shriners, Sioux Falls (visual aid showing what the new license plate would look like)
          Representative Dick Brown, Shriner, Sioux Falls
Opponents:      None.
Presented by:      Representative Kay Davis, prime sponsor, Sioux Falls
Comments by:      Deb Hillmer, Director of Motor Vehicles, Dept. of Revenue, Pierre (for clarification)

MOTION:      DO PASS HB 1100

Moved by:      Representative Matthews
Second by:      Representative Napoli
Action:      Prevailed by roll call vote.   (9-4-0-0)

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

Voting no:      Duenwald, Konold, Wick, Koskan


          HB 1110:   to provide distinctive motor vehicle license plates for emergency medical technicians.

Proponents:      Gene Knock, self, Garretson
          Marie Knock, self, Garretson
Opponents:      None.
Presented by:      Representative Clarence Kooistra, prime sponsor, Garretson (Document 1)
Comments by:      Major Tom Dravland, SD Highway Patrol, Pierre

MOTION:      AMEND HB 1110

j-1110
     On page 3 , line 24 , delete " fighter " and insert " firefighter " .


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

MOTION:      DO PASS HB 1110 AS AMENDED

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

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

Voting no:      Duenwald, Konold, Koskan

Excused:      Sperry

          HB 1131:   to exempt certain agricultural equipment from motor vehicle registration and licensing requirements.

HB 1131 was originally heard on February 3, 1997. Further testimony was held on February 5, 1997.

MOTION:      DEFER HB 1131 UNTIL THE 41ST LEGISLATIVE DAY

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

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



Voting no:      Duenwald

Excused:      Sperry

MOTION:      ADJOURN

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



Jenelle Busse

_________________________________

Committee Secretary
John Koskan, Chair











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