72nd Legislative Session -- 1997

Committee: House Transportation

Wednesday, February 12, 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 10, 1997.

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

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

HB 1138 was previously heard on February 5 and was amended at that time with amendment (j- 1138). On February 10, amendment (r-1138) was added. The bill was then deferred to the 41st legislative day.

Comments by:      Major Tom Dravland, SD Highway Patrol, Pierre

MOTION:      DO PASS HB 1138


Moved by:      Representative Matthews
Second by:      None
Action:      Died for a lack of a second

MOTION:      AMEND HB 1138

j-1138b
     On the printed bill, delete everything after the enacting clause and insert:

"     Section 1. 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 and sixteen years. 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 written permission of the minor's parents or guardian and the written permission of the parent or guardian of any passenger under the age of eighteen 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. The restricted permit of any minor who does not have written permission as required by this section in immediate physical possession shall be revoked for thirty days. For any subsequent violation, the restricted permit shall be revoked for ninety days. "



Moved by:      Representative Wick
Second by:      Representative Napoli
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1138

j-1138a
     On the printed bill, 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 Kooistra
Second by:      Representative Konold
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE REP. KOOISTRA'S AMENDMENT.

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

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

Voting no:      Kooistra, Wick

MOTION:      TO TABLE REPRESENTATIVE WICK'S MOTION TO AMEND (j-1338b)

Moved by:      Representative Volesky
Second by:      Representative Lee
Action:      Failed by roll call vote.   (6-7-0-0)

Voting yes:      Konold, Lee, Matthews, Schrempp, Smidt, Volesky

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

MOTION:      CALL THE QUESTION

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

MOTION:      DO NOT PASS HB 1138

Moved by:      Representative Wick
Second by:      Representative Lee
Action:      Failed by roll call vote.   (6-7-0-0)

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

Voting no:      Konold, Kooistra, Lee, Matthews, Schrempp, Smidt, Volesky

MOTION:      SUBSTITUTE MOTION DO PASS HB 1138

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

Voting yes:      Kooistra, Matthews, Volesky, Wick

Voting no:      Duenwald, Konold, Lee, Schrempp, Smidt, Sperry, Wetz, Napoli, Koskan

MOTION:      AS AMENDED WITHOUT RECOMMENDATION

Moved by:      Representative Matthews
Second by:      Representative Volesky
Action:      Prevailed by roll call vote.   (7-6-0-0)

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

Voting no:      Duenwald, Lee, Schrempp, Wetz, Napoli, Koskan

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

HB 1012 was originally heard February 5. On February 10, further hearing was held and HB 1012 was tabled.

MOTION:      REMOVE HB 1012 FROM TABLE

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

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

Voting no:      Duenwald, Lee, Schrempp, Smidt, Wetz, Wick, Napoli, Koskan

          HB 1174:   to increase license fees for certain noncommercial motor vehicles.

Proponents:      Jim Keyes, Executive Vice-President of Associated General Contractors
          Dennis Hanson, lobbyist, Association of County Commissioners
          Bob Sutton, lobbyist, SD Highway Users, Pierre
          Phil Cyre, farmer, Hazel
        Dan Nelson, lobbyist, Sioux Falls Area Chamber of Commerce
Opponents:      Henny Hansen, SD Association of Towns and Townships, Elkton
          Gail Brock, Executive Director, Association of Towns and Townships
Presented by:      Representative Caitlin Collier, prime sponsor (Document 1)
Comments by:      Deb Hillmer, Division of Motor Vehicles

MOTION:      AMEND HB 1174

j-1174
     On page 1 , after line 12 of the printed bill , insert:

"      Section 2. Ten dollars of the fees collected pursuant to section 1 of this Act shall be deposited in the general fund of the county of registration and shall be used to replace the funds from the wheel tax, used for county roads and bridges, and used to reduce county property taxes.

     Section 3. That § 32-5A-1 be repealed.

     32-5A-1.   Any county may, by ordinance, impose a wheel tax on all motor vehicles, as defined in §   32-3-1, registered in the county at a rate not to exceed four dollars per vehicle wheel. The tax shall be administered and collected by the county. The total vehicle tax may not exceed sixteen dollars per vehicle.

     Section 4. That § §  32-5A-2 to 32-5A-7, inclusive, be repealed. "



Moved by:      Representative Wick
Second by:      Representative Matthews
Action:      Failed by voice vote.

MOTION:      DO PASS HB 1174

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

MOTION:      SUBSTITUTE MOTION DEFER HB 1174 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Napoli
Second by:      Representative Lee
Action:      Prevailed by roll call vote.   (7-6-0-0)

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

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

          HB 1203:   to allow certain hay grinding equipment to be transported at night under certain conditions.

Proponents:      None.
Opponents:      None.
Presented by:      Representative Dean Schrempp, prime sponsor

MOTION:      TO TABLE HB 1203

Moved by:      Representative Lee
Second by:      Representative Duenwald
Action:      Prevailed by roll call vote.   (13-0-0-0)

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

          HB 1210:   to allow the display of only one motor vehicle license plate on certain motor vehicles.

Proponents:      None.
Opponents:      Gene Abdallah, Superintendent, SD Highway Patrol, Pierre (Documents 2 - 6)
          Deb Hillmer, Division of Motor Vehicles, Pierre (Document 7)
Presented by:      Representative Bill Napoli, prime sponsor

MOTION:      DO PASS HB 1210

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

MOTION:      SUBSTITUTE MOTION TO DEFER HB 1210 UNTIL THE 41ST LEGISLATIVE DAY

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

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

Voting no:      Duenwald, Lee, Schrempp, Wetz, Napoli

          HB 1228:   to require that certain recreational vehicles display a vehicle identification number.

Proponents:      None.
Opponents:      None.
Presented by:      Representative Dan Matthews, prime sponsor
Comments by:      Deb Hillmer, Division of Motor Vehicles, Pierre

MOTION:      DEFER HB 1228 UNTIL FRIDAY, FEBRUARY 14, 1997.

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

MOTION:      ADJOURN

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



Jenelle Busse

_________________________________

Committee Secretary
John Koskan, Chair


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