74th Legislative Session -- 1999

Committee: House Transportation

Wednesday, February 10, 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 8

Moved by:      Representative Diedtrich (Elmer)
Second by:      Representative Konold
Action:      Prevailed by voice vote.

          HB 1139:   require persons to show evidence of financial responsibility before certain motor vehicles can be registered.

Presented by:      Representative Konold

MOTION:      DEFER HB 1139 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Konold
Second by:      Representative Apa
Action:      Prevailed by roll call vote.   (10-3-0-0)



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

Voting no:      Sutton (Duane), Volesky, Wetz

          HB 1231:   increase certain motor vehicle dealer's license fees and to increase the bond to get a dealer's license.

Proponents:      R. Van Johnson, SD Auto Dealers (Handout a)
          Deb Hillmer, Director of Motor Vehicles (Information only)
Opponents:      Jerry Biedenfeld, SD Used Car Dealer, Ft Pierre, SD

MOTION:      DEFER HB 1231 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Kooistra
Second by:      Representative Apa
Action:      Prevailed by roll call vote.   (8-4-1-0)

Voting yes:      Apa, Diedtrich (Elmer), Duenwald, Hagen, Kazmerzak, Kooistra, Wetz, Napoli

Voting no:      Diedrich (Larry), Konold, Sutton (Duane), Broderick

Excused:      Volesky

          SB 106:   increase the penalty for failure to stop for an emergency vehicle.

Proponents:      Representative Michels
          Angela Ehlers, Self, Presho, SD
Presented by:      Senator Dick Hainje, Sponsor

MOTION:      DO PASS SB 106

Moved by:      Representative Diedrich (Larry)
Second by:      Representative Konold
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Apa, Diedrich (Larry), Duenwald, Konold, Sutton (Duane), Volesky, Broderick

Voting no:      Diedtrich (Elmer), Hagen, Kazmerzak, Kooistra, Wetz, Napoli

          HB 1004:   increase and revise license fees for certain noncommercial vehicles and to revise the distribution of such fees.

Proponents:      Dick Howard, SD County Commissioners
          Jim Jensen, Dept of Transportation
          Gail Brock, SD Assn of Towns and Townships
          Mike Weise, Brown County Commissioner, (Handout c)
          Jim Barringer, Aberdeen
Presented by:      Representative Broderick

MOTION:      AMEND HB 1004

o-1004c

     On page 1 , line 8 of the printed bill , delete " forty " and insert " thirty " .

     On page 1 , line 9 , delete " sixty " and insert " forty-two " .

     On page 1 , line 10 , delete " eighty " and insert " fifty-five " .

     On page 1 , line 11 , delete " From 6,001 to 8,000 pounds, inclusive, one " and insert " Over 6,000 pounds, sixty-five dollars. " .

     On page 1 , delete lines 12 and 13 .

     On page 2 , line 2 , delete " ninety " and insert " fifty-five " .

     On page 3 , line 12 , delete " twenty " and insert " ten " .

     On page 3 , line 13 , delete " thirty " and insert " twenty " .

     On page 3 , line 14 , delete " forty " and insert " thirty-five " .

     On page 3 , line 15 , delete " fifty " and insert " forty-five " .

     On page 3 , line 16 , delete " sixty " and insert " fifty-five " .

     On page 3 , line 17 , delete " seventy " and insert " sixty-five " .

     On page 3 , line 18 , delete " eighty " and insert " seventy-five " .

     On page 3 , line 19 , delete " ninety " and insert " eighty-five " .

     On page 3 , line 20 , delete " one hundred " and insert " ninety-five " .

     On page 3 , line 21 , delete " ten " and insert " five " .

     On page 4 , delete lines 20 to 25 , inclusive , and insert:

"     (1)    Six thousand pounds or less, inclusive, sixty dollars;


    (2)    From 6,001 to 8,000 pounds, inclusive, eighty dollars;

    (3)    From 8,001 to 10,000 pounds, inclusive, one hundred dollars;

    (4)    For each additional 2,000 pounds or major fraction thereof, in excess of 10,000 pounds,         twenty dollars. "


     On page 5 , delete lines 1 to 4 , inclusive .

     On page 5 , line 11 , delete " sixty " and insert " fifty-five " .

     On page 5 , line 22 , overstrike " Fifty-four " and insert " Fifty-seven " .

     On page 5 , line 23 , after " revenue " overstrike " and " and insert " , from which one million thirty- three thousand two hundred sixty-nine dollars and ten cents shall be forwarded to the counties for deposit in the special highway fund of the county, in the same amount as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to 41-6-70, and the balance shall be " .

     On page 5 , line 24 , remove the overstrikes from " Twenty-two " .

     On page 5 , line 24 , delete " Twenty-four " .

     On page 6 , line 16 , delete " One " and insert " One-half " .

     On page 6 , line 17 , overstrike " and one-half " .

     On page 7 , after line 2 , insert:

"      Section 10. That § 10-47B-4 be amended to read as follows:

     10-47B-4.   The fuel excise tax rates for the tax imposed by this chapter are as follows:

             (1)      Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline) - $.18 $.21 per gallon;

             (2)      Special fuel (except jet fuel) - $.18 $.21 per gallon;

             (3)      Ethanol blends - $.16 $.19 per gallon;

             (4)      Aviation gasoline - $.06 per gallon;

             (5)      Jet fuel - $.04 per gallon;

             (6)      E85 and M85 - $.06 $.09 per gallon;

             (7)      E85 and M85 used in aircraft - $.04 per gallon;

             (8)      Liquid petroleum gas - $.16 $.19 per gallon;

             (9)      Compressed natural gas - $.06 $.09 per gallon. "


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

MOTION:      AMEND HB 1004

f-1004d

     On page 7 , after line 2 of the printed bill , insert:

"      Section 10. That § 32-5-9 be amended to read as follows:

     32-5-9.   License fees and compensation for use of the highways payable under §   32-5-5 shall be: seven nine dollars and fifty cents for motorcycles with a piston displacement of less than three hundred fifty cubic centimeters and ten twelve dollars for motorcycles with a piston displacement of three hundred fifty cubic centimeters or more. "



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

MOTION:      AMEND HB 1004

f-1004e

     On page 7 , after line 2 of the printed bill , insert:

"      Section 11. That § 32-5-30 be amended to read as follows:

     32-5-30.   If any noncommercial motor vehicle, according to the manufacturer's model year designation, is five six years old or more on January first of the year for which a license fee is required, such fee shall be seventy percent of the fee ordinarily prescribed. "



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

MOTION:      SUBSTITUTE MOTION AMEND HB 1004

o-1004

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

     On page 1 , line 9 , delete " sixty " and insert " thirty-five " .

     On page 1 , line 10 , delete " eighty " and insert " forty-five " .

     On page 1 , delete lines 11 to 13 , inclusive .

     On page 2 , line 2 , delete " ninety " and insert " fifty-three " .

     On page 2 , line 18 , remove the overstrikes from " six " .

     On page 2 , line 18 , delete " ten " .

     On page 2 , line 19 , delete " However, if the " .

     On page 2 , delete lines 20 and 21 .

     On page 2 , line 22 , delete everything before " The " .

     On page 3 , line 12 , delete " twenty " and insert " ten " .

     On page 3 , line 13 , delete " thirty " and insert " twenty " .

     On page 3 , line 14 , delete " forty " and insert " thirty " .

     On page 3 , line 15 , delete " fifty " and insert " forty " .

     On page 3 , line 16 , delete " sixty " and insert " fifty " .

     On page 3 , line 17 , delete " seventy " and insert " sixty " .

     On page 3 , line 18 , delete " eighty " and insert " seventy " .

     On page 3 , line 19 , delete " ninety " and insert " eighty " .

     On page 3 , line 20 , delete " one hundred " and insert " ninety " .

     On page 3 , line 21 , delete " ten " .


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

MOTION:      Table Amendment o-1004

Moved by:      Representative Kazmerzak
Second by:      Representative Diedtrich (Elmer)
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1004 AS AMENDED

Moved by:      Representative Sutton (Duane)
Second by:      Representative Volesky
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1004

o-1004d

     On the previously adopted amendment (o-1004c) delete the reference to Page 5, line 23.


Moved by:      Representative Wetz
Second by:      Representative Duenwald
Action:      Failed by voice vote.

MOTION:      DO PASS HB 1004 AS AMENDED

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

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

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

MOTION:      TO AMEND TITLE OF HB 1004

f-1004t

     On page 1 , delete line 2 of the printed bill , and insert " vehicles, to revise the distribution of license fees, and to increase the excise tax on certain motor fuels. " .


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

MOTION:      ADJOURN

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



Margaret Nickels

_________________________________

Committee Secretary
B. Michael Broderick, Jr., Chair


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