72nd Legislative Session -- 1997

Committee: House Transportation

                                            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 15, 1997.

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

          SB 57:   to reduce the legal blood alcohol limits for motor vehicle drivers under twenty-one years of age.

Proponents:      Tom Barnett, State Bar of South Dakota, Pierre (offered an amendment)
          Jeff Holden, Highway Safety, Department of Commerce and Regulation, Pierre
        Mike Shaw, lobbyist, National Association of Independent Insurers, Pierre
        Jim Keyes, Associated General Contractors, secretary/treasurer of Highway Users         Conference, Pierre
Opponents:      None.
Presented by:      Jim Jenssen, SD Department of Transportation, Pierre

---

Comments by:      Lt. Bill Mickelson, SD Highway Patrol, Pierre (for clarification)

MOTION:      DO PASS SB 57

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

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

Voting no:      Duenwald, Lee, Schrempp, Napoli

          SB 160:   to prohibit any person under the age of eighteen to drive a motor vehicle after consuming alcoholic beverages.

Proponents:      None.
Opponents:      Jaci Lenling, senior at Timber Lake High School, Timber Lake
        David Volk, Secretary, Commerce and Regulation, Pierre
        Lt. Bill Mickelson, SD Highway Patrol, Pierre (Document 2)
        Jim Jenssen, Planning and Engineering, Department of Transportation, Pierre
Presented by:      Senator Rebecca Dunn, prime sponsor, Sioux Falls (Document 1)
Comments by:      Pam Kusler, Director of Drivers'Licensing Program, Department of Commerce and Regulation, Pierre

MOTION:      DO PASS SB 160

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

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

Voting no:      Duenwald, Konold, Kooistra, Wetz, Wick, Koskan

MOTION:      RECONSIDER THE VOTE BY WHICH HB 1273 PASSEDLOST

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

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

Voting no:      Duenwald, Schrempp, Sperry, Napoli

---

          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.

Proponents:      Jim Keyes, Associated General Contractors, Pierre
Opponents:      None.
Presented by:      Ron Wheeler, Secretary, Department of Transportation, Pierre

MOTION:      AMEND HB 1273

j-1273d

     On the printed bill, delete everything after the enacting clause and insert:

"      Section  1.  That chapter 32-33 be amended by adding thereto a NEW SECTION to read as follows:

    An agent or employee of the Department of Transportation authorized by the secretary of transportation may, after receiving appropriate training, act in the capacity of a law enforcement officer within the state for the sole purpose of enforcing speed limits in areas of highway construction as authorized by § 32-25-19.1. Any authorized agent or employee may stop and issue a citation on a form promulgated pursuant to § 23-1A-2 to the driver of any vehicle for a speeding violation in a highway work area which occurred in the presence of the agent or employee. The agent or employee is not considered a law enforcement officer for the purposes of § 23-3-27. "

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

MOTION:      DO PASS HB 1273 AS AMENDED

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

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

Voting no:      Napoli

MOTION:      ADJOURN

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

---

Jenelle Busse

Committee Secretary