74th Legislative Session -- 1999
(CORRECTED)

Committee: House Transportation

Wednesday, February 3, 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 February 1

Moved by:      Representative Hagen
Second by:      Representative Sutton (Duane)
Action:      Prevailed by voice vote.

          HB 1116:   establish certain civil penalties for overweight vehicle violations.

Proponents:      Dick Howard, SD County Commissioners

MOTION:      SUBSTITUTE MOTION AMEND HB 1116

f-1116a

     On page 1 , line 10 of the printed bill , delete " , is subject to " and insert " provided by law for such offense, shall be assessed " .

     On page 2 , line 8 , delete " Any civil penalty collected pursuant to " .

     On page 2 , delete lines 9 and 10 .


Moved by:      Representative Duenwald
Second by:      Representative Kazmerzak
Action:      Was not acted on.

MOTION:      AMEND HB 1116

f-1116a

     On page 1 , line 10 of the printed bill , delete " , is subject to " and insert " provided by law for such offense, shall be assessed " .

     On page 2 , line 8 , delete " Any civil penalty collected pursuant to " .

     On page 2 , delete lines 9 and 10 .


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

MOTION:      DO PASS HB 1116 AS AMENDED

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

Voting yes:      Apa, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Hagen, Kazmerzak, Konold, Kooistra, Sutton (Duane), Volesky, Napoli, Broderick

Excused:      Wetz

MOTION:      TO AMEND TITLE OF HB 1116

f-1116tb

     On page 1 , line 1 of the printed bill , delete " to replace criminal " .

     On page 1 , line 2 , delete " penalties " .

     On page 1 , line 2 , delete " and to provide for the disposition of such civil " .

     On page 1 , line 3 , delete " penalties " .


Moved by:      Representative Napoli
Second by:      Representative Sutton (Duane)
Action:      Prevailed by voice vote.

          HB 1173:   revise certain provisions regarding the requirement for children to be in a child passenger restraint system.

Opponents:      Representative Kristie Fiegen
          Jeff Holden, Div of Safety
          Bill Mickelson, Highway Patrol
          Dave Gerdes, General Motors Corp.
Presented by:      Representative Napoli

MOTION:      AMEND HB 1173

f-1173a

     On page 1 , line 9 of the printed bill , delete " at least two and " .

     On page 1 , delete lines 12 to 16 , inclusive .

     On page 2 , delete lines 1 to 3 , inclusive .


Moved by:      Representative Napoli
Second by:      Representative Duenwald
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1173

f-1173

     On page 1 , line 9 of the printed bill , overstrike " The requirements of this section are met if the child is under " .

     On page 1 , line 9 , delete " at least two and " .

     On page 1 , line 10 , overstrike " five years of age and is at least forty pounds in weight by securing the child in a seat belt. "

     On page 1 , delete lines 12 to 16 , inclusive .

     On page 2 , delete lines 1 to 3 , inclusive .


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

MOTION:      DEFER HB 1173 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Konold
Second by:      Representative Diedrich (Larry)
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1173 AS AMENDED

Moved by:      Representative Napoli
Second by:      Representative Duenwald
Action:      Failed by roll call vote.   (4-9-0-0)

Voting yes:      Apa, Duenwald, Hagen, Napoli

Voting no:      Diedrich (Larry), Diedtrich (Elmer), Kazmerzak, Konold, Kooistra, Sutton (Duane), Volesky, Wetz, Broderick

MOTION:      DEFER HB 1173 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Konold
Second by:      Representative Diedrich (Larry)
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      Diedrich (Larry), Diedtrich (Elmer), Kazmerzak, Konold, Kooistra, Sutton (Duane), Volesky, Broderick

Voting no:      Apa, Duenwald, Hagen, Wetz, Napoli

          SB 40:   establish certain prohibitions on use of temporary thirty-day snowmobile and boat license permits and to provide for a penalty thereof.

Proponents:      Doug Hofer, GFP
          R. Van Johnson, SD Auto Dealers
          Deb Hillmer, Director of Motor Vehicles

MOTION:      DO PASS SB 40

Moved by:      Representative Napoli
Second by:      Representative Sutton (Duane)
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

          HB 1193:   revise the definition of a temporary supplemental lot.

Proponents:      John Brown, Self, Pierre, SD
          R.Van Johnson, SD Auto Dealers
Presented by:      Representative Monroe

MOTION:      AMEND HB 1193

f-1193

     On page 1 , line 8 of the printed bill , delete " twenty-five " and insert " ten " .


Moved by:      Representative Apa
Second by:      Representative Duenwald
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1193 AS AMENDED

Moved by:      Representative Kazmerzak
Second by:      Representative Diedrich (Larry)
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

          SB 66:   prohibit passengers in the unenclosed cargo area of certain vehicles unless certain conditions are met.

Proponents:      Jeff Holden, Division of Public Safety
          Craig Matson, State Farm Insurance
          Bill Mickelson, Highway Patrol
          Representative Jarvis Brown, Sponsor
          Mike Shaw, American Family Insurance
Presented by:      Senator Lawler, Prime Sponsor

MOTION:      SUBSTITUTE MOTION AMEND SB 66

f-66

     On page 1 , line 9 of the printed bill , delete " , " .

     On page 1 , delete line 10 .

     On page 1 , line 11 , delete " assembled, " .

     On page 1 , delete line 16 .

     On page 2 , delete lines 1 to 3 , inclusive .


Moved by:      Representative Wetz
Second by:      Representative Sutton (Duane)
Action:      Prevailed by voice vote.

MOTION:      DEFER SB 66 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Napoli
Second by:      Representative Hagen
Action:      Was not acted on.

MOTION:      DO PASS SB 66 AS AMENDED

Moved by:      Representative Kazmerzak
Second by:      Representative Sutton (Duane)
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      Diedrich (Larry), Diedtrich (Elmer), Kazmerzak, Konold, Kooistra, Sutton (Duane), Volesky, Broderick

Voting no:      Apa, Duenwald, Hagen, Wetz, Napoli

MOTION:      ADJOURN

Moved by:      Representative Kooistra
Second by:      Representative Sutton (Duane)
Action:Prevailed by voice vote.



Margaret Nickels

_________________________________

Committee Secretary
B. Michael Broderick, Jr., Chair


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