73rd Legislative Session -- 1998

Committee: Senate Transportation

Tuesday, January 27, 1998

                                            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.


MOTION:      TO APPROVE THE MINUTES OF JANUARY 22, 1998.

Moved by:      Senator Lange
Second by:      Senator Vitter
Action:      Prevailed by voice vote.

MOTION:      SUBSTITUTE MOTION AMEND SB 68

o-68c

     On page 1 , line 14 of the printed bill , after " offense. " insert " Enforcement of subdivision (2) of this section by state or local law enforcement agencies shall be accomplished as a secondary action. " .


Moved by:      Senator Hutmacher
Second by:      Senator Lange
Action:      Prevailed by voice vote.

MOTION:      DEFER SB 68 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Flowers
Second by:      Senator Albers
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS SB 68 AS AMENDED

Moved by:      Senator Hutmacher
Second by:      Senator Lange
Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Vitter, Hutmacher, Lange

Voting no:      Staggers, Shoener, Albers, Flowers

MOTION:      DEFER SB 68 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Flowers
Second by:      Senator Albers
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Staggers, Shoener, Albers, Flowers

Voting no:      Vitter, Hutmacher, Lange

          SB 116:   to authorize dealers of manufactured homes and mobile homes to operate certain auxiliary lots.

Proponents:      Jerry Biedenfeld, SD Manufactured Housing Association
Presented by:      Senator Jerry Shoener

MOTION:      DO PASS SB 116

Moved by:      Senator Lange
Second by:      Senator Albers
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Staggers, Shoener, Albers, Vitter, Flowers, Hutmacher, Lange

MOTION:      PLACE SB 116 ON CONSENT

Moved by:      Senator Lange
Second by:      Senator Flowers
Action:      Prevailed by voice vote.

          SB 117:   to prevent the inclusion of certain conditions in motor vehicle franchise agreements.

Proponents:      R Van Johnson, SD Automobile Dealers Association
          Dave Gerdes, General Motors Corporation (Document A)
Presented by:      Senator Jerry Shoener

MOTION:      AMEND SB 117

o-117

     On page 2 , after line 3 of the printed bill , insert " This section does not apply to agreements pertaining to the lease or sale of real property. " .


Moved by:      Senator Flowers
Second by:      Senator Hutmacher
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 117 AS AMENDED

Moved by:      Senator Vitter
Second by:      Senator Albers
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Staggers, Shoener, Albers, Vitter, Flowers, Hutmacher, Lange

MOTION:      PLACE SB 117 ON CONSENT

Moved by:      Senator Albers
Second by:      Senator Vitter
Action:      Prevailed by voice vote.

          SB 137:   to provide for a emergency vehicle dealer's license and to declare an emergency.

Proponents:      Steve Willard, SD Joint Fire Council
          R Van Johnson, SD Automobile Dealers Association
Presented by:      Senator Mike Rounds

MOTION:      DO PASS SB 137

Moved by:      Senator Hutmacher
Second by:      Senator Shoener
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Staggers, Shoener, Albers, Vitter, Flowers, Hutmacher, Lange

MOTION:      TO AMEND TITLE OF SB 137

o-137

     On page 1 , line 1 of the printed bill , delete " a " and insert " an " .


Moved by:      Senator Hutmacher
Second by:      Senator Lange
Action:      Prevailed by voice vote.

          SB 130:   to provide for the regulation of certain motor carriers.

Proponents:      R Van Johnson, SD Trucking Association
          Myron Rau, SD Highway Patrol
          James Keyes, Associated General Contractors
          Dawna Leitzke Osborne, SD Petroleum Marketers Association
          Brenda Forman, SD Association of Cooperatives
Presented by:      Senator Mike Rounds

MOTION:      DO PASS SB 130

Moved by:      Senator Shoener
Second by:      Senator Vitter
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Shoener, Albers, Vitter, Flowers, Lange

Voting no:      Staggers, Hutmacher

SB 162 AND SB128 WERE DEFERRED UNTIL THURSDAY, JANUARY 29, 1998, BY CHAIR, SENATOR STAGGERS.

MOTION:      ADJOURN

Moved by:      Senator Lange
Second by:      Senator Shoener
Action:      Prevailed by voice vote.



Mary Lloyd

_________________________________

Committee Secretary
Kermit Staggers, Chair


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