73rd Legislative Session -- 1998
Committee: House Transportation
Wednesday, February 4, 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 Vice Chair Napoli.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 2, 1998
Moved by:
Representative Schrempp
Second by:
Representative Lee
Action:
Prevailed by voice vote.
Chair Koskan assumed the chair.
HB 1199:
to prohibit bar codes and other information retrieval devises on driver's
licenses.
HB 1199 was previously heard on February 2, 1998.
Comments: Captain Myron Rau, SD Highway Patrol, Dept. Of Commerce and Regulation,
Pierre
Cindy Gerber, Director of Drivers' Licensing, Dept. Of Commerce and Regulation,
Pierre
Major Tom Dravland, SD Highway Patrol, Dept. Of Commerce and Regulation,
Pierre
MOTION:
AMEND HB 1199
f-1199a
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
32-12-17
be amended to read as follows:
32-12-17.
The Department of Commerce and Regulation shall, upon payment of the fee
established by
§
32-12-16, issue to every applicant qualifying therefor an operator's license. The
license shall bear thereon a distinguishing number assigned to the licensee, the full legal name or any
name lawfully taken, date of birth, residence address, an indication if the licensee is a donor pursuant
to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a
durable power of attorney for health care pursuant to chapter 59-7, a color photo and a brief
description of the licensee, and the licensee's signature. The department shall indicate upon each
driver's license the general class of vehicles which the licensee may drive.
If a bar code, or other
means by which information may be taken electronically, is placed on the license, the data field may
only contain the information appearing on the license including the social security number and any
other information required by the South Dakota Highway Patrol and approved by the secretary of
the Department of Commerce and Regulation.
"
Moved by:
Representative Konold
Second by:
Representative Smidt
Action:
Prevailed by voice vote.
The Chair deferred HB 1199 until the bottom of the calendar.
MOTION:
CALL THE QUESTION
Moved by:
Representative Napoli
Second by:
Representative Schrempp
Action:
Failed by show of hands.
HB 1272:
to require certain children in passenger vehicles to be in a child
passenger restraint system.
Proponents:
Jeff Holden, Department of Safety, SD Dept. Of Commerce and Regulation, Pierre
Opponents:
None.
Presented by:
Representative Kristie Fiegen, prime sponsor, Sioux Falls
MOTION:
DO PASS HB 1272
Moved by:
Representative Kooistra
Second by:
Representative Smidt
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1272 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Napoli
Second by:
Representative Schrempp
Action:
Failed by roll call vote.
(5-7-1-0)
Voting yes:
Schrempp, Sperry, Wetz, Napoli, Koskan
Voting no:
Duenwald, Konold, Kooistra, Lee, Smidt, Volesky, Wick
Excused:
Matthews
MOTION:
SUBSTITUTE MOTION AMEND HB 1272
f-1272
On page
1
,
overstrike line
11 of the printed bill
.
Moved by:
Representative Napoli
Second by:
Representative Wetz
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION WITHOUT RECOMMENDATION ON HB 1272
Moved by:
Representative Wick
Second by:
Representative Napoli
Action:
Was not acted on.
MOTION:
TO TABLE THE PENDING SUBSTITUTE MOTION
Moved by:
Representative Matthews
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION DO NOT PASS HB 1272
Moved by:
Representative Napoli
Second by:
Representative Wetz
Action:
Was not acted on.
MOTION:
TO TABLE THE PENDING SUBSTITUTE MOTION
Moved by:
Representative Volesky
Second by:
Representative Konold
Action:
Prevailed by voice vote.
MOTION:
CALL THE QUESTION
Moved by:
Representative Konold
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1272
Moved by:
Representative Koskan
Second by:
Representative Napoli
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Konold, Kooistra, Lee, Matthews, Smidt, Sperry, Volesky
Voting no:
Duenwald, Schrempp, Wetz, Wick, Napoli, Koskan
HB 1278:
to provide an exemption to the axle and weight limits if the total gross
weight of a vehicle is within the maximum limits.
Opponents:
Ron Wheeler, Secretary, Department of Transportation, Pierre (used video to show
how overweight and weather breaks down roads and Document 2)
Major Tom Dravland, SD Highway Patrol, Dept. Of Revenue, Pierre
Dick Gregerson, lobbyist, SD Trucking Association, Sioux Falls
Presented by:
Representative Jim Putnam, prime sponsor, Armour (Document 1)
Comments by: Dave Huft, Research Division, Dept. Of Transportation, Pierre (for clarification)
MOTION:
AMEND HB 1278
o-1278
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That
§
32-22-55
be amended to read as follows:
32-22-55.
Any person who is convicted of the offense of operating a motor vehicle upon the
public highways of this state with weight upon any wheel, axle or groups of axles or upon more than
one thereof greater than the maximum permitted by
§
§
32-22-2 to 32-22-33, inclusive, 32-22-47
and 32-22-48 shall be fined in addition to, and not in substitution for, any other penalties now
provided by law for such offense in the following amounts:
In an amount equal to five cents per pound for each pound of such excess or combined excess
weight over
one
two
thousand pounds if such excess is three thousand pounds or less.
In an amount equal to ten cents per pound for each pound of such excess or combined excess
weight if such excess exceeds three thousand pounds and is four thousand pounds or less.
In an amount equal to fifteen cents per pound for each pound of such excess or combined
excess weight if such excess exceeds four thousand pounds and is five thousand pounds or less.
In an amount equal to twenty-five cents per pound for each pound of such excess or combined
excess weight if such excess is more than five thousand pounds.
The fine schedule in this section is assessed at a single rate according to the cents per pound
penalty for the highest weight violation.
"
Moved by:
Representative Napoli
Second by:
Representative Duenwald
Action:
Prevailed by show of hands.
MOTION:
MOTION DEFER HB 1278 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Konold
Second by:
Representative Kooistra
Action:
Failed by roll call vote.
(5-7-1-0)
Voting yes:
Konold, Kooistra, Smidt, Volesky, Wetz
Voting no:
Duenwald, Lee, Matthews, Schrempp, Sperry, Napoli, Koskan
Excused:
Wick
MOTION:
DO PASS HB 1278 AS AMENDED
Moved by:
Representative Napoli
Second by:
Representative Duenwald
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Duenwald, Lee, Schrempp, Sperry, Napoli, Koskan
Voting no:
Konold, Kooistra, Matthews, Smidt, Volesky, Wetz
Excused:
Wick
MOTION:
WITHOUT RECOMMENDATION
Moved by:
Representative Duenwald
Second by:
Representative Sperry
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1278 UNTIL MONDAY, FEBRUARY 9
Moved by:
Representative Matthews
Second by:
Representative Konold
Action:
Prevailed by voice vote.
HB 1298:
to require certain operators selling vehicles at a sell-it-yourself lot to
obtain a license.
HB 1298 was previously heard on January 28, 1998.
Proponents:
Dick Gregerson, lobbyist, SD Automobile Dealers Association, Sioux Falls
Jerry Biedenfeld, lobbyist, executive director, SD Used Car Dealers Association,
Pierre
Lt. Bill Mickelson, SD Highway Patrol, Dept. Of Commerce and Regulation,
Pierre
Dan Uthe, SD Used Car Dealers Association, Madison (Document 3)
Bruce Nerison, lobbyist, SD Used Car Dealers Association, Rapid City
Gary Viken, Secretary, Dept. Of Revenue, Pierre
Chair Koskan asked other proponents to stand as several had signed the guest
register and time was limited for testimony.
Opponents:
Mike Wosje, Owner's Auto Mart, Sioux Falls (Document 4)
Presented by:
Representative Bill Napoli, prime sponsor, Rapid City
The Chair deferred HB 1298 until Monday, February 9, 1998.
The Chair deferred HB 1140 until Monday, February 9, 1998.
MOTION:
ADJOURN
Moved by:
Representative Matthews
Second by:
Representative Duenwald
Action:
Prevailed by voice vote.
Jenelle Busse
_________________________________
Committee Secretary
John Koskan, Chair
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