73rd Legislative Session -- 1998
Committee: House Transportation
Wednesday, January 28, 1998
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 JANUARY 26, 1998
Moved by:
Representative Lee
Second by:
Representative Wetz
Action:
Prevailed by voice vote.
HB 1298:
to require certain operators selling vehicles at a sell-it-yourself lot to
obtain a license.
Proponents:
R. Van Johnson, lobbyist, SD Automobile Dealers Association, Sioux Falls
Opponents:
None.
Presented by:
Representative Bill Napoli, prime sponsor, Rapid City
Chair Koskan deferred HB 1298 until a later date.
HB 1296:
to revise the prohibition on trains blocking streets, roads, or highways
and to increase the penalty for a violation thereof.
Opponents:
Bill Dougherty, lobbyist, Burlington Northern Railroad, Sioux Falls
Dean Krogman, lobbyist, DM & E Railroad, Pierre
Rick Davids, lobbyist, United Transportation Union, Edgemont
Carl Anderson, lobbyist, SD Grain and Seed Association, Aberdeen
Brenda Forman, lobbyist, SD Association of Cooperatives, Pierre
Presented by:
Representative Mike Broderick, prime sponsor, Canton
MOTION:
DO PASS HB 1296
Moved by:
Representative Napoli
Second by:
Representative Kooistra
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1296 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Matthews
Second by:
Representative Schrempp
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Konold, Lee, Matthews, Schrempp, Smidt, Sperry, Volesky, Wetz
Voting no:
Duenwald, Kooistra, Wick, Napoli, Koskan
Vice Chair Napoli assumed the chair.
HB 1254:
to revise certain provisions related to the sale of titled vehicles and to
declare an emergency.
Proponents:
Jeff Fox, Cienako Productions, Sioux Falls
Opponents:
None.
Presented by:
Representative Mitch Richter, prime sponsor, Sioux Falls
MOTION:
AMEND HB 1254
f-1254a
On page
4
,
delete lines
17
to
19 of the printed bill
, inclusive
.
Moved by:
Representative Matthews
Second by:
Representative Wetz
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1254
f-1254
On page
1
,
delete lines
4
to
16 of the printed bill
, inclusive
.
On page
2
,
delete line
1
.
On page
2
,
line
11
,
remove the overstrikes from "
South Dakota titled
"
.
Moved by:
Representative Matthews
Second by:
Representative Wetz
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1254 AS AMENDED
Moved by:
Representative Wetz
Second by:
Representative Duenwald
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Duenwald, Konold, Kooistra, Lee, Matthews, Schrempp, Smidt, Sperry, Wetz,
Wick, Napoli
Excused:
Volesky, Koskan
MOTION:
TO AMEND TITLE OF HB 1254
f-1254t
On page
1
,
line
2 of the printed bill
,
delete "
and to declare an emergency
"
.
Moved by:
Representative Wick
Second by:
Representative Duenwald
Action:
Prevailed by voice vote.
HB 1185:
to revise certain provisions related to the sale of titled vehicles.
Proponents:
Jeff Fox, Cienako Productions, Sioux Falls
Todd McPherson, lobbyist, SD Auctioneers Association, Rapid City
Opponents:
R. Van Johnson, lobbyist, SD Automobile Dealers Association, Sioux Falls
Presented by:
Representative Mitch Richter, prime sponsor, Sioux Falls
MOTION:
DEFER HB 1185 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Kooistra
Second by:
Representative Schrempp
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1185 UNTIL MONDAY, FEBRUARY 2
Moved by:
Representative Volesky
Second by:
Representative Smidt
Action:
Prevailed by voice vote.
HB 1309:
to revise certain exemptions from the requirement to have a driver's
license.
Proponents:
None.
Opponents:
Lt. Bill Mickelson, SD Highway Patrol, Dept. Of Commerce and Regulation,
Pierre
Craig Matson, lobbyist, State Farm Insurance, Sioux Falls
Presented by:
Representative Mike Jaspers, prime sponsor, Eden
MOTION:
AMEND HB 1309
v-1309a
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That
§
32-12-11
be amended to read as follows:
32-12-11.
Any person who is at least fourteen years of age may apply to the Department of
Commerce and Regulation for an instruction permit. The department may, after the applicant has
successfully passed all parts of the examination other than the driving test and paid a fee which is
equal in amount to the fee prescribed for a driver's license in
§
32-12-16, issue to the applicant an
instruction permit. The instruction permit entitles the applicant while having the permit in his
immediate possession to drive a motor vehicle upon the public highways for a period of one hundred
and eighty days if accompanied by a licensed operator who is at least eighteen years of age, has had
at least one year of driving experience, and who is occupying a seat beside the driver unless the
permittee is operating a motorcycle or a moped. A motorcycle instruction permit entitles the holder,
while having the permit in his immediate physical possession, to operate a motorcycle during the
hours of 6 a.m. to 8 p.m. if he is accompanied by a licensed motorcycle operator who is at least
eighteen years of age, who has at least one year of driving experience and who is driving another
motorcycle along with the permit holder. No motorcycle instruction permit holder may carry another
person on the motorcycle. The permit is valid for thirty days. The permit may be issued only once
in a one-year period.
Any instruction permit issued pursuant to this section may be used without the restrictions as
to time of operation and operation under the direction of a parent or guardian for the operation of a
licensed motor vehicle to or from the home farm buildings to or from any adjacent or nearby
farmland for the exclusive purpose of conducting farm operations.
Section
2.
That
§
32-12-12
be amended to read as follows:
32-12-12.
A restricted minor's permit may be issued, upon application and payment of the proper
fee as provided for in
§
32-12-16, and passage of all driver's license examination tests, to any minor
between the ages of fourteen and sixteen years. A restricted minor's permit entitles the holder, while
having the permit in his immediate physical possession, to operate a motor vehicle during the hours
of 6 a.m. to 8 p.m. standard time if the motor vehicle is being operated with the permission of the
minor's parents or guardian and during the hours of 8 p.m. to 6 a.m. if the motor vehicle is being
operated under the direction of the minor's parent or guardian who is occupying a seat beside the
driver. The restrictions as to time of operation and operation under the direction of a parent or
guardian do not apply to the holder of a valid restricted minor's permit operating a self-propelled
agricultural machine which is not subject to registration under chapter 32-5
, or operating a licensed
motor vehicle to or from the home farm buildings to or from any adjacent or nearby farmland for the
exclusive purpose of conducting farm operations
.
"
Moved by:
Representative Wetz
Second by:
Representative Koskan
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Duenwald, Lee, Schrempp, Smidt, Sperry, Wetz, Wick, Koskan
Voting no:
Konold, Kooistra, Matthews, Volesky, Napoli
MOTION:
DO PASS HB 1309 AS AMENDED
Moved by:
Representative Koskan
Second by:
Representative Wetz
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Duenwald, Lee, Schrempp, Smidt, Wetz, Wick, Koskan
Voting no:
Konold, Kooistra, Matthews, Sperry, Volesky, Napoli
MOTION:
TO AMEND TITLE OF HB 1309
f-1309t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
revise certain
restrictions for operating a motor vehicle during farm operations by certain persons with an
instructional or restricted minor's permit.
"
.
On page
1
,
delete line
2
.
Moved by:
Representative Koskan
Second by:
Representative Wetz
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Lee
Second by:
Representative Schrempp
Action:
Prevailed by voice vote.
Jenelle Busse
_________________________________
Committee Secretary
John Koskan, Chair
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