72nd Legislative Session -- 1997

Committee: House Transportation

Saturday, February 15, 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 14, 1997.

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

MOTION:      TO SUSPEND THE RULES TO HEAR HB 1273

Moved by:      Representative Matthews
Second by:      Representative Schrempp
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 1264:   to expand the vehicles that an auction agency may sell.



Proponents:      Jerry Biedenfeld, SD Used Car Dealers' Association, Pierre
          R. Van Johnson, lobbyist, SD Automobile Dealers' Association, Sioux Falls
Opponents:      None
Presented by:      Representative Dan Matthews, prime sponsor

MOTION:      DO PASS HB 1264

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

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

Voting no:      Lee

Excused:      Wick, Koskan

Vice Chair Napoli assumed the chair.

          SB 204:   to revise the number of days that a temporary snowmobile license permit is valid.

Proponents:      R. Van Johnson, SD Automobile Dealers' Association, Sioux Falls
Opponents:      None
Presented by:      Senator Paul Symens, prime sponsor

MOTION:      DO PASS SB 204

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

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

Excused:      Wick, Koskan

MOTION:      PLACE SB 204 ON CONSENT

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

          HB 1235:   to revise the basis upon which motor vehicle license fees are determined and to increase the fees.

Proponents:      Jim Keyes, Associated General Contractors, Pierre
          Representative Jerry Apa, Lead
Opponents:      Gail Brock, SD Association of Towns and Townships, Pierre
Presented by:      Representative Donald Munson, sponsor, (Documents 1 and 2)
Comments by:      Gary Viken, Secretary, Department of Revenue, Pierre

MOTION:      AMEND HB 1235

j-1235
     On page 1 , line 9 of the printed bill , delete " ninety " and insert " sixty-five " .

     On page 1 , line 10 , delete " sixty " and insert " fifty-five " .

     On page 2 , line 2 , delete " one hundred twenty " and insert " eighty " .

     On page 2 , line 3 , delete " ninety " and insert " sixty-five " .

     On page 2 , line 4 , delete " sixty " and insert " fifty " .

     On page 3 , line 1 , overstrike " forty-eight " and insert " ninety " .

     On page 3 , line 1 , after " dollars " insert " for the first, second, and third model years; seventy-five dollars for the fourth, fifth, sixth, and seventh model years; sixty dollars for the eighth, ninth, tenth, and eleventh model years; and forty-five dollars for the twelfth and any subsequent model year " .


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

MOTION:      DO PASS HB 1235 AS AMENDED

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

MOTION:      SUBSTITUTE MOTION DEFER HB 1235 UNTIL THE 41ST LEGISLATIVE DAY

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



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

Voting no:      Matthews, Smidt, Volesky

Excused:      Wick

Chair Koskan assumed the chair.

          HB 1273:   to increase the penalty for speeding in a highway construction work zone and to authorize agents or employees of the Department of Transportation to issue citations for certain motor vehicle violations.

HB 1273 was originally heard on February 14, 1997.

Comments by:      Lt. Bill Mickelson, SD Highway Patrol

MOTION:      AMEND HB 1273

j-1273b
     On page 1 , line 8 of the printed bill , delete " and any agent or employee of the " .

     On page 1 , delete line 9 .

     On page 1 , line 10 , delete " capacity of a law enforcement officer within the state " .

     On page 1 , line 14 , after " vehicle. " insert " Any duly trained agent or employee of the Department of Transportation, authorized by the secretary, may act in the capacity of a law enforcement officer within the state for the purpose of enforcement of chapters 10-47B, 32-5, 32-9, 32-10, 32-12, 32-22, 49-28, and 49-28A. "

     On page 2 , line 5 , delete " of the above authorized persons " and insert " Department of Transportation employee authorized under the provisions of this section " .

     On page 2 , line 7 , delete " this section " and insert " chapters 10-47B, 32-5, 32-9, 32-10, 32-12, 32-22, 49-28, and 49-28A " .


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

MOTION:      CALL THE QUESTION

Moved by:      Representative Volesky


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

MOTION:      PREVIOUS MOTION TO AMEND HB 1273

Action:      Failed by roll call vote.   (5-7-1-0)

Voting yes:      Konold, Matthews, Smidt, Volesky, Wetz

Voting no:      Duenwald, Kooistra, Lee, Schrempp, Sperry, Napoli, Koskan

Excused:      Wick

MOTION:      DEFER HB 1273 UNTIL THE 41ST LEGISLATIVE DAY

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

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

Voting no:      Konold, Matthews, Smidt, Volesky, Wetz

Excused:      Napoli

          SB 59:   to revise certain provisions regarding the elimination of railroad crossings.

Proponents:      None.
Opponents:      None.
Presented by:      Roxanne Rice, Director of Fiscal and Public Assistance, Dept. Of Transportation, Pierre

MOTION:      DO PASS SB 59

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

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

Excused:      Napoli

MOTION:      PLACE SB 59 ON CONSENT

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

          SB 150:   to revise certain provisions relating to a commercial driver's instruction permit and to clarify the issuance of a commercial driver's license work permit.

Proponents:      R. Van Johnson, executive director, SD Trucking Association, Sioux Falls
Opponents:      None.
Presented by:      Pam Kusler, Director of Drivers' Licensing Program, Department of Commerce and Regulation, Pierre

MOTION:      DO PASS SB 150

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

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

Excused:      Napoli

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

HB 1129 was previously heard on February 3 and amended (j-1129).

Presented by:      Representative John Koskan, prime sponsor, Wood

MOTION:      DEFER HB 1129 UNTIL THE 41ST LEGISLATIVE DAY

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

MOTION:      SUBSTITUTE MOTION DO PASS HB 1129 AS AMENDED

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

Voting yes:      Duenwald, Lee, Matthews, Volesky, Wetz, Wick, Koskan

Voting no:      Konold, Kooistra, Schrempp, Smidt, Sperry

Excused:      Napoli


MOTION:      ADJOURN

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



Jenelle Busse

_________________________________

Committee Secretary -
John Koskan, Chair


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