72nd Legislative Session -- 1997
Committee: Senate Transportation
Tuesday, February 18, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Staggers, Chair
P
Shoener, Vice-Chair
P
Albers
P
Vitter
P
Flowers
P
Hutmacher
P
Lange
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Staggers, Chairman
SB 175:
to allow solid waste haulers an additional tolerance from the maximum
vehicle weight limits under certain conditions.
to provide for the regulation of certain intrastate motor carriers.
Proponents:
Senator Michael Rounds
Captain Myron Rau, SD Highway Patrol
Presented by:
R. Van Johnson, SD Automobile Dealers Association
MOTION:
DO PASS SB 175 AS AMENDED
Moved by:
Senator Shoener
Second by:
Senator Albers
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Shoener, Albers, Vitter, Flowers, Lange
Voting no:
Staggers, Hutmacher
HB 1035:
to revise certain provisions pertaining to the regulation of vehicle dealers
and snowmobile dealers.
Proponents:
R. Van Johnson, SD Automobile Dealers Assn.
Representative Napoli
Jerry Biedenfeld, SD Used Car Dealers Assn.
Presented by:
Senator Hutmacher
MOTION:
AMEND HB 1035
o-1035
On page
7
,
line
4 of the House engrossed bill
,
after "
.
"
insert "
Lists shall be provided free of
charge to any licensed South Dakota dealer that requests a list.
"
Moved by:
Senator Hutmacher
Second by:
Senator Lange
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1035
On page
7
,
line
11 of the House engrossed bill
,
after "
sell,
"
insert "
South Dakota titled
"
.
On page
7
,
after line
12
,
insert:
"
Section 12. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as
follows:
No person may sell or offer to sell a motor vehicle, to which a manufacture's statement of
origin has not been transferred, on consignment. For the purpose of this chapter, consignment, means
the delivery of a new vehicle by the owner into the possession of another without transfer of title for
the purpose of sale or where there is any condition that the purchaser does not have an absolute
obligation to pay for the vehicle or has a right to return the vehicle to the seller.
Section 13. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as
follows:
Before a South Dakota titled vehicle may be sold by a consignee or at a public auction
pursuant to
§
32-6B-3, the consignee or auctioneer shall have in possession an odometer reading
certified by the owner of the motor vehicle, a damage disclosure statement signed by the owner of
the motor vehicle, and a South Dakota title for the motor vehicle. A violation of this section is a
Class 2 misdemeanor.
Section 14. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as
follows:
A consignee or an auctioneer may not sell a motor vehicle that has a certificate of title with
a lien on it for less than the full amount of the lien, without the advance written consent of the lien
holder. A consignee or an auctioneer may not release the proceeds from the sale of a motor vehicle
with a lien on the title until the lien holder signs a release of the lien. A violation of this section is
a Class 2 misdemeanor.
Section 15. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as
follows:
Every public auction shall keep such books, records, and files as prescribed by the department.
A record shall be kept of every vehicle offered for sale by or through the public auction, including
the serial or vehicle identification number and a description of the vehicle and the name and address
of the motor vehicle owner. If the vehicle is sold, the name and address of the person purchasing the
motor vehicle and the price for which it is sold shall be recorded and maintained. Dealer inspectors
appointed pursuant to
§
32-6B-38 may inspect the books, records, or files required by the department
or this section.
Section 16. That
§
32-6B-1 be amended by adding thereto NEW SUBDIVISIONS to read as
follows:
"Auctioneer," a person who presides over a public auction where following an initial starting
price, bids are taken from two or more people until a final bid or price is established for a motor
vehicle;
"Public auction," a business that is open to the public where South Dakota titled motor
vehicles are consigned, displayed, and auctioned to the highest bidder by an auctioneer;
"Temporary special events lot," a location other than the principal place of business,
supplemental lot, or temporary supplemental lot where a licensed trailer dealer, a licensed used car
dealer selling only travel trailers or motor homes, or both, or a licensed vehicle dealer selling only
travel trailers or motor homes, or both, may conduct business for a period of time not to exceed ten
consecutive days for a specific purpose such as fairs, auctions, shopping center sales, or tent sales.
A temporary special events lot shall meet all local zoning and building codes for the type of business
being conducted.
Section 17. That subdivision (13) of
§
32-6B-1
be amended to read as follows:
(13) "Temporary supplemental lot," a location other than the principal place of business or
supplemental lot
but within the same county as the principal place of business
where a
licensed
vehicle
dealer
or a licensed used vehicle dealer
may conduct business for a
period of time not to exceed ten consecutive days for a specific purpose such as fairs, auto
shows, auctions, shopping center promotions or tent sales.
Such
A
temporary
supplemental
lots
lot
shall meet all local zoning and building codes for the type of
business being conducted;
"
Moved by:
Senator Lange
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1035 AS AMENDED
Moved by:
Senator Shoener
Second by:
Senator Vitter
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Staggers, Shoener, Albers, Vitter, Flowers, Hutmacher, Lange
HB 1089:
to require a temporary permit and fee for motorcycles and trailers to be
displayed at certain events.
Proponents:
R Van Johnson, SD Automobile Dealers Assn.
Representative Kenneth McNenny
Deb Hillmer, Dept. Of Revenue
Presented by:
Senator Kleven
MOTION:
DO PASS HB 1089
Moved by:
Senator Shoener
Second by:
Senator Vitter
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Shoener, Albers, Vitter, Hutmacher, Lange
Voting no:
Staggers, Flowers
MOTION:
ADJOURN
Moved by:
Senator Shoener
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
Cindy Nickels
_________________________________
Committee Secretary
Kermit Staggers, Chair
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