73rd Legislative Session -- 1998

Committee: Senate Transportation

                                            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 Vice-Chair, Senator Shoener.

MOTION:      TO APPROVE THE MINUTES OF FEBRUARY 17, 1998

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

          HB 1298:   to define a sell-it-yourself lot.

Proponents:      Bernard H. Schramm, Park-It Market
          Dan Uthe, SD Used Car Dealers Association
          Bruce Nerison, SD Used Car Dealers Association
          R. Van Johnson, SD Automobile Dealers Association
          Bob Olson, Rapid City
Jerry Biedenfeld, SD Used Car Dealers Association
Lyle Venhuizen, Rapid City
Tim Jenkins, Sioux Falls
Dave Beare, Sioux Falls
         
Opponents:      Bill Bowen, OAM National (Document C)
          Jim Browen, Rapid City
          Mike Wosje, OAM National (Document D)
          Jeremiah Murphy, Tomar Ltd.

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Presented by:      Representative Bill Napoli (Documents A and B)

MOTION:      AMEND HB 1298

o-1298

     On the House Transportation committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. A sell-it-yourself lot operator may not provide the following services:

             (1)    Sell, offer to sell, or negotiate the sale of any vehicle on the operator's lot;

             (2)    Buy, offer to buy, or negotiate the purchase of any vehicle on the operator's lot;

             (3)    Possess or deliver a certificate of title to any vehicle on the operator's lot;

             (4)    Warrant the condition of any vehicle on the operator's lot; or

             (5)    Finance the purchase of any vehicle on the operator's lot.

     Section 2. In addition to leasing space to persons to display their vehicles and boats for sale, a sell-it-yourself lot operator may provide the following services:

             (1)    Furnish information and materials to a vehicle owner that will assist the owner in selling the owner's vehicle on the lot;

             (2)    Advertise any vehicle for sale on the lot by stating the year, make, and model of the vehicle and the telephone number of the vehicle's owner;

             (3)    Furnish vehicle history and appraisal reports produced by organizations such as the National Automobile Dealers Association;

             (4)    Clean the exterior and interior of any vehicle on the lot; and

             (5)    Take possession of the keys to any vehicle on the lot and deliver them to a potential buyer for the purpose of a test drive if the vehicle owner has previously authorized the potential buyer to test drive the vehicle and the potential buyer has produced a valid driver's license and proof of insurance.

     Section 3. No person may operate a sell-it-yourself lot without a permit issued by the department. An application for a sell-it-yourself lot permit shall be filed with the department, upon forms provided by the department, together with a fee in the amount of two hundred fifty dollars which shall be deposited in the state motor vehicle fund. An application for a sell-it-yourself lot operator's permit shall include the following:

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             (1)    The name and address of the applicant;

             (2)    If the applicant is a corporation, partnership, or limited liability company, the name of the officers, partners, or members of the organization;

             (3)    The address where the applicant will operate the sell-it-yourself lot;

             (4)    A consent to allow periodic inspections by the department of the sell-it-yourself lot and the records of the sell-it-yourself lot operator;

             (5)    A certification that neither the applicant, nor any officer, partner, or member, has been convicted of a crime involving vehicle theft or fraud in the last five years; and

             (6)    Verification as to the accuracy of the information provided by the applicant.

     Section 4. A sell-it-yourself lot operator shall maintain the following records which shall be available for inspection by the department for a period of one year:

             (1)    The serial or identification number of every vehicle displayed on the lot; and

             (2)    The name, address, and telephone number of the owner of every vehicle displayed on the lot. "

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

The meeting turned back over to the Chair, Senator Staggers.

MOTION:      DO PASS HB 1298

Moved by:      Senator Shoener
Second by:      Senator Lange
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1298

o-1298a

     On page 2 , line 3 of the House Transportation committee engrossed bill , after " purpose " insert " other than to move the vehicle on the lot premises " .

Moved by:      Senator Hutmacher
Second by:      Senator Lange

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Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Staggers, Hutmacher, Lange

Voting no:      Shoener, Albers, Vitter, Flowers

MOTION:      (ORIGINAL) DO PASS HB 1298

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

Voting yes:      Shoener, Vitter, Flowers, Lange

Voting no:      Staggers, Albers, Hutmacher

          HB 1140:   to provide for the regulation of boat dealers.



MOTION:      DO PASS HB 1140

Moved by:      Senator Shoener
Second by:      Senator Lange
Action:      Prevailed by roll call vote.   (6-1-0-0)

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

Voting no:      Staggers

MOTION:      ADJOURN

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

Mary Lloyd

Committee Secretary