84th Legislative Session _ 2009

Committee: House Transportation
Tuesday, February 17, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
E    Elliott
P    Iron Cloud III
P    Juhnke, Vice-Chair
P    Kopp
P    Lange
P    McLaughlin
P    Novstrup (David)
E    Russell
P    Schrempp
P    Steele
P    Street
P    Verchio
P    Krebs, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Krebs, Chair.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 12, 2009

Moved by:    Street
Second by:    Steele
Action:    Prevailed by voice vote.

        
HB 1121: establish certain procedural requirements related to the relocation of electrical lines, communication lines, and pipelines.

Presented by:    Representative Manny Steele
Proponents:    Jeff Carmon, Quest Corporation (Handouts: #1)
        Greg Dean, SD Telecommunications Association


        Ed Anderson, SD Rural Electric Association
        Steve Willard, SD Electric Utilities
        Nettie Myers, Utility Shareholders of SD
        Yvonne Taylor, SD Municipal League

MOTION:     AMEND HB 1121

1121oa

     On the printed bill, delete the previously adopted amendment (1121ta).

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

     "      Section 1. That § 31-26-23 be amended to read as follows:

     31-26-23.   When any highway along, under, or over which such facilities have been constructed shall be changed, the permit holder shall, upon ninety days' notice in writing, remove or relocate such facilities at its own cost. If any highway or public entity infrastructure is constructed or changed within the public right-of-way, the public entity or its representative shall notify any affected known utility that has electrical lines, communications lines, or pipelines and allow the affected utility to participate in a coordination meeting during the planning or design phase of the project, except as provided in this section. The meeting shall allow the public entity and affected known utility to discuss options to minimize construction delays, limit the impact of the construction on utility facilities, and to minimize or eliminate costs associated with any utility removal or relocation. No such option may cause the public entity to incur additional costs unless a written agreement is reached to have the affected utility pay for the additional costs incurred by the public entity.

     If the public entity determines that coordination meetings will not be held due to the project scope and size, the public entity shall notify any affected known utility and allow the affected utility thirty days to submit written comments on the project.

     After the coordination meetings or after the written comment period, the permit holder shall, upon ninety days notice in writing, remove or relocate the facilities at its own cost unless other arrangements have been mutually agreed upon in writing. If the public entity, in coordination with the utility, determines that winter weather conditions make removal or relocation impractical, the accrual of time within the ninety-day notification period shall be suspended until conditions make removal or relocation practical. If a utility's facility is discovered during construction that was not identified by the utility during the planning or design phase or during the written comment period if the public entity determines that a coordination meeting will not be held, the ninety-day notice is not required and the utility shall coordinate with the public entity to remove or relocate the facility as soon as practically possible for the project. "


Moved by:    Steele
Second by:    Verchio
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1121 AS AMENDED

Moved by:    Steele
Second by:    Kopp
Action:    Prevailed by roll call vote. (10-1-2-0)

Voting Yes:    Iron Cloud III, Juhnke, Kopp, Lange, McLaughlin, Novstrup (David), Schrempp, Steele, Street, Verchio

Voting No:    Krebs

Excused:    Elliott, Russell

The Chair passed the gavel to the Vice Chair

         HB 1228: require mopeds used on public highways to be titled and licensed as a motorcycle and to increase license fees for motorcycles.

Presented by:    Representative Shantel Krebs
Proponents:    Debra Hillmer, Director-Division of Motor Vehicles
        Dianna Miller, ABATE
        Myron Rau, SD Auto Dealer's Association
        Dick Howard, SD Association of Towns & Townships
        Bob Wilcox, SD Association of County Commissioners
        Deb Mortenson, Associated General Contractors of SD, Incorporated.
Opponents:    Mike Jacobson, Self, Aberdeen

MOTION:     DO PASS HB 1228

Moved by:    Steele
Second by:    McLaughlin
Action:    Prevailed by roll call vote. (10-1-2-0)

Voting Yes:    Iron Cloud III, Juhnke, Kopp, Lange, McLaughlin, Novstrup (David), Schrempp, Steele, Street, Krebs


Voting No:    Verchio

Excused:    Elliott, Russell

        
HB 1227: increase license fees for certain noncommercial motor homes and trailers.

Presented by:    Representative Shantel Krebs
Proponents:    Dick Howard, SD Association of Towns & Townships
        Bob Wilcox, SD Association of County Commissioners
        Deb Mortenson, Associated General Contractors of SD, Incorporated.

MOTION:     DO PASS HB 1227

Moved by:    Verchio
Second by:    Kopp
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Iron Cloud III, Juhnke, Kopp, Lange, McLaughlin, Novstrup (David), Schrempp, Steele, Street, Verchio, Krebs

Excused:    Elliott, Russell

The Vice Chair passed the gavel to the Chair.

        
HB 1193: increase the license fees for certain noncommercial motor homes, recreational vehicles, and noncommercial trailers and semitrailers.

Presented by:    Representative Gerald Lange
Proponents:    Dick Howard, SD Association of Towns & Townships

MOTION:     DEFER HB 1193 TO THE 41ST LEGISLATIVE DAY

Moved by:    McLaughlin
Second by:    Juhnke
Action:    Prevailed by roll call vote. (7-4-2-0)

Voting Yes:    Juhnke, Kopp, McLaughlin, Novstrup (David), Steele, Verchio, Krebs

Voting No:    Iron Cloud III, Lange, Schrempp, Street

Excused:    Elliott, Russell

MOTION:     ADJOURN

Moved by:    Juhnke
Second by:    Kopp
Action:    Prevailed by voice vote.

Diane Mellan

____________________________

Committee Secretary
Shantel Krebs, Chair