House Transportation Minutes 02/11/1998 10:00 AM

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 9, 1998

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

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

Proponents:      Jerry Biedenfeld, lobbyist, SD Manufactured Housing Association, Fort Pierre
Opponents:      None.
Presented by:      Senator Jerry Shoener, prime sponsor, Rapid City

MOTION:      DO PASS SB 116

Moved by:      Representative Matthews

Second by:      Representative Duenwald
Action:      Prevailed by roll call vote. (11-0-2-0)

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

Excused:      Schrempp, Volesky

MOTION:      PLACE SB 116 ON CONSENT

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

          HB 1301: to allow first class municipalities to adopt an ordinance regulating the minimum driving age and hours a vehicle may be operated by a person who is at least fourteen years of age and less than sixteen years of age.

Proponents:      Jim Keyes, lobbyist, Associated General Contractors, Pierre
Opponents:      Steve Willard, lobbyist, SD Municipal League and SD Police Chiefs Association, Pierre
          Lt. Bill Mickelson, SD Highway Patrol, Dept. Of Commerce and Regulation, Pierre
Presented by:      Representative Hal Wick, prime sponsor, Sioux Falls

MOTION:      DEFER HB 1301 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Kooistra
Second by:      Representative Konold
Action:      Was not acted on.

MOTION:      TO AMEND TITLE OF HB 1301

Moved by:      Representative Wick
Second by:      Representative Napoli
Action:      Prevailed by voice vote.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1301 AS AMENDED

Moved by:      Representative Napoli
Second by:      Representative Wetz

Action:      Was not acted on.

MOTION:      CALL THE QUESTION

Moved by:      Representative Napoli
Second by:      Representative Smidt
Action:      Prevailed by voice vote.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1301 AS AMENDED

Moved by:      Representative Napoli
Second by:      Representative Wetz
Action:      Prevailed by roll call vote. (7-5-1-0)

Voting yes:      Duenwald, Smidt, Sperry, Wetz, Wick, Napoli, Koskan

Voting no:      Konold, Kooistra, Lee, Matthews, Schrempp

Excused:      Volesky

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

Proponents:      Jim Gordon, vice president, SD Firefighters Association and Joint Council, Pierre
          Paul Smith, assistant chief of Rockerville volunteer fire department, Rapid City
Opponents:      None.
Presented by:      Dennis Gorton, SD firefighter, Rapid City
Comments by: Deb Hillmer, Director of Motor Vehicles, Dept. Of Revenue, Pierre
        R. Van Johnson, lobbyist, SD Automobile Dealers Association, Sioux Falls

MOTION:      DO PASS SB 137

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

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

Excused:      Volesky

MOTION:      PLACE SB 137 ON CONSENT

Moved by:      Representative Kooistra
Second by:      Representative Napoli
Action:      Prevailed by voice vote.

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

Proponents:      R. Van Johnson, lobbyist, SD Automobile Dealers Association, Sioux Falls
          Dave Gerdes, lawyer, lobbyist, General Motors Corporation, Pierre
Opponents:      None.
Presented by:      Representative Kenneth Kredit, prime sponsor, Platte

MOTION:      DO PASS SB 117

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

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

Excused:      Volesky

MOTION:      PLACE SB 117 ON CONSENT

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

          SB 66: to increase the number of days a notice of intent to revoke a driver's license may function as a temporary driver's license following an arrest involving a refusal to submit to chemical analysis.

Proponents:      None.
Opponents:      None.
Presented by:      Cindy Gerber, Director of Drivers Licensing, Dept. Of Commerce and Regulation, Pierre

MOTION:      DO PASS SB 66

Moved by:      Representative Kooistra
Second by:      Representative Smidt
Action:      Prevailed by roll call vote. (13-0-0-0)

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

MOTION:      PLACE SB 66 ON CONSENT

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

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

Proponents:      Captain Myron Rau, SD Highway Patrol, Dept. Of Commerce and Regulation, Pierre
          Dawna Leitzke Osborne, lobbyist, SD Petroleum Marketers Association, Pierre
          Brenda Forman, lobbyist, SD Association of Cooperatives, Pierre
        Kathy Zander, lobbyist, SD Fertilizer and AG Chemical Association, Pierre
        Jim Keyes, lobbyist, Associated General Contractors, Pierre
Opponents:      None.
Presented by:      R. Van Johnson, lobbyist, executive director, SD Trucking Association, Sioux Falls

MOTION:      DO PASS SB 130

Moved by:      Representative Napoli
Second by:      Representative Wick
Action:      Prevailed by roll call vote. (11-0-2-0)

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

Excused:      Konold, Volesky

          HB 1199: to permit bar codes and other information retrieval devices on driver's licenses and to limit the information that may be contained in the data field.

HB 1199 was previously heard on February 2 and 4 and was amended (f-1199a) and on February 9, HB 1199 was deferred to the 36th legislative day.

MOTION:      RECONSIDER THE VOTE BY WHICH HB 1199 LOST

Moved by:      Representative Napoli
Second by:      Representative Duenwald
Action:      Prevailed by roll call vote. (8-3-2-0)

Voting yes:      Duenwald, Kooistra, Lee, Sperry, Wetz, Wick, Napoli, Koskan

Voting no:      Matthews, Schrempp, Smidt

Excused:      Konold, Volesky

MOTION:      AMEND HB 1199

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~~ each 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 shall contain the information appearing on the license and the licensee's social security number. However, the social security number shall be encrypted.

Section 2. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:
If a bar code, or other means by which information may be taken electronically, is placed on a license pursuant to § 32-12-17, the secretary of the Department of Commerce and Regulation may encrypt information in the bar code identifying that the licensee is a convicted felon who has a firearm restriction or the licensee is a sex offender who is required to register pursuant to §§ 22-22-30 to 22-22-39, inclusive.

Section 3. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:
If a bar code, or other means by which information may be taken electronically, is placed on a license pursuant to § 32-12-17, the secretary of the Department of Commerce and Regulation may encrypt information identifying the licensee's blood type, medical condition, allergies, medications, or other medical alert data if the licensee requests such information to be encrypted on the license. Before obtaining the license, the licensee shall submit a document clearly identifying this information to the department and the document shall be signed by the licensee and the licensee's physician.

Section 4. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:
Only the information listed in sections 1 to 3, inclusive, of this Act may be placed in a bar code or other information retrieval device on the license. "