74th Legislative Session -- 1999

Committee: Senate Transportation

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Flowers
P      Madden
P      Moore
P      Shoener
P      Symens
P      Vitter, Vice-Chair
P      Munson (David), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator David Munson

MOTION:      TO APPROVE THE MINUTES OF February 11, 1999

Moved by:      Senator Madden
Second by:      Senator Vitter
Action:      Prevailed by voice vote.

          SB 212:   revise certain provisions regarding the grant of a permit to construct a railroad.

Proponents:      Jeff Fox, document #1
          Glenn Reaser, Coalition for Progress
          Carolyn Schnose, self
          Pauline Staben, self
          Joe Massa, 777Ranch
          Chris Molitor, self
          Bill Nevin, Dept. Of Transportation
          Harry Christiansen
          Bob Rittberger, Rancher
Opponents:      Kevin Schieffer, DM&E Railroad
          Randy Sartoius, self
          David Owen, SD Chamber
          Leonard Benson, self

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          Ron Mitzel, Dakota Mill & Grain
          Mike Held
          Rick Dorman, Document #2
          Carl Anderson        
          Brenda Forman, SD Assoc. Of Coops
        Mark Hollenbeck
        Lois Seger, Self
Presented by:      Senator Vitter

MOTION:      AMEND SB 212

f-212

     On page 1 , line 13 of the printed bill , before " corporation " delete " or " and insert " , " .

     On page 1 , line 13 , after " corporation, " insert " or other entity, " .

     On page 2 , delete lines 10 to 25 , inclusive , and insert:

"      Section 2. That § 49-16A-75 be amended to read as follows:

     49-16A-75.   A railroad may exercise the right of eminent domain in acquiring right-of-way as provided by statute , but only upon obtaining authority from the Governor or the commission, if the Governor delegates such authority to the commission. The railroad may exercise such right based upon a determination by the Governor or the commission that the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity. The Governor or the commission may, without limitation, consider the requirements of sections 3,4, and 5 of this Act when granting or denying an application for authority to use eminent domain. The decision to grant or deny an application shall be made after reasonable notice and opportunity to be heard, pursuant to chapter 1-26 .

     Section 3. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:

     The commission shall, in accordance with chapter 1-26, promulgate rules:

             (1)    Establishing a form upon which a railroad may apply for authority to exercise the right of eminent domain;

             (2)    Specifying the information to be submitted by an applicant; and

             (3)    Administering applications for authority to exercise the right of eminent domain.

     Section 4. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:

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     The applicant has the burden of proving by clear and convincing evidence that the exercise of the right of eminent domain is a public use consistent with public necessity. "

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     On page 3 , delete lines 1 to 10 , inclusive .

     On page 3 , delete lines 13 to 18 , inclusive , and insert " A railroad's exercise of the right of eminent domain is a public use consistent with public necessity only if the use of eminent domain:

             (1)    Has as a purpose providing railroad transportation to shippers in South Dakota, for commodities produced, manufactured, mined, grown, used, or consumed in South Dakota. " .

     On page 3 , line 25 , delete everything after " has " and insert " complied with chapter 34A-9; " .

     On page 4 , delete lines 1 to 5 , inclusive , and insert "

             (4)    Is proposed by an applicant who has negotiated in good faith to privately acquire sufficient property without the use of eminent domain; and " .

     On page 4 , line 9 , after " methods " delete " , " and insert " and " .

     On page 4 , line 9 , delete " , and location " .

     On page 4 , line 10 , after " facilities " insert " ; and

             (6)    Provides that pipeline companies, electric utilities, public utilities, telecommunications companies, and rural water systems have the right to the use of the right-of-way for the placement of facilities, without fee, subject to reasonable regulation as to location and placement " .

Moved by:      Senator Vitter
Second by:      Senator Madden
Action:      Prevailed by voice vote.

MOTION:      TO TABLE SB 212

Moved by:      Senator Flowers
Second by:      Senator Moore
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Flowers, Moore, Shoener, Symens, Munson (David)

Voting no:      Madden, Vitter

          SB 192:   revise certain provisions regarding the titling of damaged passenger motor vehicles.

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Presented by:      R. VanJohnson, Auto Dealer's Association

MOTION:      TO TABLE SB 192

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

Voting yes:      Flowers, Madden, Shoener, Munson (David)

Excused:      Moore, Symens, Vitter

          HB 1134:   revise certain provisions concerning weight and speed allowances for certain harvest vehicles.

Proponents:      Myron Rau, Highway Parol
Presented by:      Representative Kooistra

MOTION:      DO PASS HB 1134

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

MOTION:      SUBSTITUTE MOTION AMEND HB 1134

o-1134

     On page 1 , line 8 of the printed bill , after " the " insert " posted " .

     On page 1 , line 8 , overstrike " of " and insert " limit " .

     On page 1 , line 8 , delete " fifty " .

     On page 1 , line 8 , overstrike " miles per hour " .

Moved by:      Senator Moore
Second by:      Senator Shoener
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1134 AS AMENDED

Moved by:      Senator Shoener
Second by:      Senator Moore
Action:      Prevailed by roll call vote.   (5-2-0-0)

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Voting yes:      Moore, Shoener, Symens, Vitter, Munson (David)

Voting no:      Flowers, Madden

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

Proponents:      John Brown, City Attorney of Pierre
          R. VanJohnson
Presented by:      Representative Monroe

MOTION:      AMEND HB 1193

o-1193

     On page 1 , line 13 of the House Transportation committee engrossed bill , after " conducted " insert " . If a licensed vehicle dealer establishes a temporary supplemental lot in a county with a licensed used vehicle dealer, a licensed used vehicle dealer may establish a temporary supplemental lot in a county with a licensed vehicle dealer " .

Moved by:      Senator Shoener
Second by:      Senator Madden
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1193 AS AMENDED

Moved by:      Senator Madden
Second by:      Senator Vitter
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Flowers, Madden, Moore, Shoener, Symens, Vitter, Munson (David)

MOTION:      PLACE HB 1193 ON CONSENT

Moved by:      Senator Madden
Second by:      Senator Shoener
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Madden
Second by:      Senator Moore
Action:      Prevailed by voice vote.

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Carol A. Glass

Committee Secretary