74th Legislative Session -- 1999
Committee: House Transportation
Monday, January 25, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Apa
P
Diedrich (Larry)
P
Diedtrich (Elmer)
P
Duenwald
P
Hagen
P
Kazmerzak
P
Konold
P
Kooistra
P
Sutton (Duane)
P
Volesky
P
Wetz
P
Napoli, Vice-Chair
P
Broderick, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Broderick
MOTION:
TO APPROVE THE MINUTES OF January 20
Moved by:
Representative Kazmerzak
Second by:
Representative Sutton (Duane)
Action:
Prevailed by voice vote.
MOTION:
Adopt the permanent 1999 Rules
Moved by:
Representative Diedrich (Larry)
Second by:
Representative Wetz
Action:
Prevailed by voice vote.
HB 1054:
modify the minimum penalties for second or subsequent offenses for
driving under the influence.
Proponents:
Bill Nevin, DOT (handout a)
Jeff Holden, Highway Safety
Representative Tom Hennies
Tom Adam, SD Bankers Assn
Opponents:
Dick Howard, Exec Director SD Couty Commissioners Assn
MOTION:
AMEND HB 1054
f-1054b
On page
2
,
line
2 of the printed bill
,
delete "
one year
"
.
On page
2
,
line
4
,
delete "
one year
"
.
On page
2
,
line
25
,
delete "
one-year
"
.
On page
3
,
line
2
,
delete "
one-year
"
.
On page
3
,
line
24
,
delete "
one-year
"
.
On page
4
,
line
1
,
delete "
one-year
"
.
Moved by:
Representative Napoli
Second by:
Representative Sutton (Duane)
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1054
f-1054c
On page
4
,
after line
5 of the printed bill
,
insert:
"
Section 4. That
§
32-23-4.1
be amended to read as follows:
32-23-4.1.
No previous conviction for, or plea of guilty to a violation of
§
32-23-1 occurring
more than five years prior to the date of the violation being charged may be used to determine that
the violation being charged is a second, third, or subsequent offense.
Any period of time during
which the defendant was incarcerated for a previous violation of
§
32-23-1 may not be included
when calculating if the five-year time period has elapsed.
"
Moved by:
Representative Volesky
Second by:
Representative Apa
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1054
f-1054d
On page
4
,
after line
5 of the printed bill
,
insert:
"
Section 4. That chapter 32-33 be amended by adding thereto a NEW SECTION to read as
follows:
Any order impounding a defendant's motor vehicle shall provide that the impoundment is in
all things subject and subordinate to the prior rights of a secured party to foreclose the secured party's
liens on, or to exercise the secured party's rights to repossession of, the defendant's motor vehicle.
The exercise of such rights are not contingent upon the secured party being responsible for the
payment of any cost relating to the impoundment of the motor vehicle.
"
Moved by:
Representative Volesky
Second by:
Representative Diedrich (Larry)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1054 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative Sutton (Duane)
Action:
Was not acted on.
MOTION:
DEFER HB 1054 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Napoli
Second by:
Representative Konold
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1054 UNTIL Defer to 20th Legislative Day
Moved by:
Representative Volesky
Second by:
Representative Diedtrich (Elmer)
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Diedtrich (Elmer), Konold, Sutton (Duane), Volesky, Wetz, Broderick
Voting no:
Apa, Diedrich (Larry), Duenwald, Hagen, Kazmerzak, Kooistra, Napoli
MOTION:
DEFER HB 1054 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Napoli
Second by:
Representative Konold
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Apa, Diedrich (Larry), Duenwald, Hagen, Kazmerzak, Konold, Kooistra, Sutton
(Duane), Napoli
Voting no:
Diedtrich (Elmer), Volesky, Wetz, Broderick
HB 1053:
revise the open container law.
Proponents:
Bill Mikkelsen, Highway Patrol
MOTION:
AMEND HB 1053
o-1053
On page
2
,
after line
13 of the printed bill
insert:
"
Section 3. It is not a violation of section 1 of this Act if an alcoholic beverage is located in a
locked glove compartment of the motor vehicle.
Section 4. It is not a violation of section 1 of this Act if an open alcoholic beverage is behind
the last upright seat of the motor vehicle or in an area not normally occupied by the driver or
passengers.
Section 5. It is not a violation of section 1 of this Act if any passenger possesses or consumes
an alcoholic beverage in the passenger area of a motor vehicle, such a bus, taxi, or limousine, which
is designed, maintained, or used primarily for the transportation of persons for compensation.
Section 6. It is not a violation of section 1 of this Act if any passenger possesses or consumes
an alcoholic beverage in the living quarters of a motor home, house coach, or house trailer.
"
Moved by:
Representative Duenwald
Second by:
Representative Kazmerzak
Action:
Prevailed by voice vote.
MOTION:
CALL THE QUESTION
Moved by:
Representative Napoli
Second by:
Representative Kazmerzak
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1053 AS AMENDED
Moved by:
Representative Napoli
Second by:
Representative Konold
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Apa, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Hagen, Kazmerzak, Konold,
Kooistra, Sutton (Duane), Volesky, Wetz, Napoli, Broderick
MOTION:
ADJOURN
Moved by:
Representative Kazmerzak
Second by:
Representative Sutton (Duane)
Action:
Prevailed by voice vote.
Margaret Nickels
_________________________________
Committee Secretary
B. Michael Broderick, Jr., Chair
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