75th Legislative Session -- 2000

Committee: House Transportation

                                            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 l-15-00

Moved by:      Representative Diedrich (Larry)
Second by:      Representative Kazmerzak
Action:      Prevailed by voice vote.

MOTION:      Approved permanent joint rules.

Moved by:      Representative Konold
Second by:      Representative Kazmerzak
Action:      Prevailed by voice vote.

          HB 1121:   revise the tolerance limits for weight violations by certain haystack movers.

Presented by:      Rep. Waltman

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Proponents:      Philip Overby
Opponents:      Leon Schochenmaier, Dept. Of Transportation
          Myron Rau, Highway Patrol
          Dick Howard, S.D. Assoc. Of County Commissioners. (Handout #1)

MOTION:      DO PASS HB 1121

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

MOTION:      SUBSTITUTE MOTION DEFER HB 1121 UNTIL THE 36TH LEGISLATIVE DAY

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

Voting yes:      Apa, Diedtrich (Elmer), Konold, Kooistra, Sutton (Duane), Napoli, Broderick

Voting no:      Diedrich (Larry), Duenwald, Hagen, Kazmerzak, Volesky, Wetz

          HB 1129:   require persons to show evidence of financial responsibility before certain motor vehicles may be registered.

Presented by:      Rep. Wetz
Proponents:      None
Opponents:      Deb Hillmer, Dept of Motor Vehicles
          Rick Sattgast, S.D. Assn . Of County Offficials. (Handout #2)

MOTION:      AMEND HB 1129

1129fa

     On the printed bill, delete everything after the enacting clause and insert:

"     Section 1. That § 32-35-116 be amended to read as follows:

     32-35-116.   If a driver of a motor vehicle required to be registered in the state is cited for a violation of Title 32 or is involved in a reportable motor vehicle accident, the driver of the motor vehicle shall furnish written evidence of financial responsibility upon request of the law enforcement officer issuing the citation or investigating the accident. The law enforcement officer shall indicate whether the driver has produced evidence of financial responsibility on the citation and shall write the driver's evidence of financial responsibility on the accident report. If the driver fails to provide evidence of financial responsibility at the time the citation or the accident report is issued, the law enforcement officer may shall issue the driver a citation for a violation of §   32-35-113. However,

if the driver provides evidence of financial responsibility within twenty-four hours, the citation issued pursuant to this section for a violation of §  32-35-113 is void.

    Section 2. That § 32-35-113 be amended to read as follows:

     32-35-113.   Every driver or owner of a motor vehicle shall at all times maintain in force one of the forms o financial responsibility on the motor vehicle by one of the following methods:

             (1)      Having in force on the motor vehicle an owner's policy of liability insurance as provided in §   32-35-70;

             (2)      Having in force a bond as provided in §   32-35-83;

             (3)      Having a certificate of deposit of money or securities as provided in §   32-35-87, but in the amount of fifty thousand dollars; or

             (4)      Having a certificate of self-insurance, as provided in § §   32-35-90 and 32-35-91, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self-insurer.

     Failure to maintain financial responsibility is a Class 2 misdemeanor. If conviction for a violation of this section is for a second offense within a five year period, the defendant is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the defendant's driving privilege for a period of not less than one year.

    Section 3. That chapter 32-35 be amended by adding thereto a NEW SECTION to read as follows:

     No previous conviction for, or plea of guilty to, a violation of § 32-35-113 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. However, any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the time period provided in this section has elapsed. "

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

MOTION:      SUBSTITUTE MOTION AMEND HB 1129

1129fc

     On the printed bill, delete everything after the enacting clause and insert:

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"     Section 1. That § 32-35-116 be amended to read as follows:

     32-35-116.   If a driver of a motor vehicle required to be registered in the state is cited for a violation of Title 32 or is involved in a reportable motor vehicle accident, the driver of the motor vehicle shall furnish written evidence of financial responsibility upon request of the law enforcement officer issuing the citation or investigating the accident. The law enforcement officer shall indicate whether the driver has produced evidence of financial responsibility on the citation and shall write the driver's evidence of financial responsibility on the accident report. If the driver fails to provide evidence of financial responsibility at the time the citation or the accident report is issued, the law enforcement officer may shall issue the driver a citation for a violation of §   32-35-113. However, if the driver provides evidence that the driver met the financial responsibility requirements at the time of the citation or the accident report was issued within seventy-two hours, the citation issued pursuant to this section for a violation of §  32-35-113 is void.

    Section 2. That § 32-35-113 be amended to read as follows:

     32-35-113.   Every driver or owner of a motor vehicle shall at all times maintain in force one of the forms o financial responsibility on the motor vehicle by one of the following methods:

             (1)      Having in force on the motor vehicle an owner's policy of liability insurance as provided in §   32-35-70;

             (2)      Having in force a bond as provided in §   32-35-83;

             (3)      Having a certificate of deposit of money or securities as provided in §   32-35-87, but in the amount of fifty thousand dollars; or

             (4)      Having a certificate of self-insurance, as provided in § §   32-35-90 and 32-35-91, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self-insurer.

     Failure to maintain financial responsibility is a Class 2 misdemeanor. If conviction for a violation of this section is for a second offense within a five year period, the defendant is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the defendant's driving privilege for a period of not less than one year.

    Section 3. That chapter 32-35 be amended by adding thereto a NEW SECTION to read as follows:

     No previous conviction for, or plea of guilty to, a violation of § 32-35-113 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. However, any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the time period provided in this section has elapsed. "

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

MOTION:      DO PASS HB 1129 AS AMENDED

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

MOTION:      SUBSTITUTE MOTION DEFER HB 1129 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Napoli
Second by:      Representative Kazmerzak
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Apa, Diedrich (Larry), Hagen, Kazmerzak, Kooistra, Sutton (Duane), Napoli

Voting no:      Diedtrich (Elmer), Duenwald, Konold, Volesky, Wetz, Broderick

          HB 1153:   require persons to show evidence of financial responsibility before certain motor vehicles may be registered.

Presented by:      Rep. Volesky
Proponents:      None
Opponents:      Rick Sattgast, S. D. Assn. Of County Officials
          Deb Hillmer, Division of Motor Vehicles.

MOTION:      DO PASS HB 1153

Moved by:      Representative Volesky
Second by:      Representative Konold
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HB 1153 UNTIL THE 36TH LEGISLATIVE DAY

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

Voting yes:      Apa, Diedrich (Larry), Duenwald, Hagen, Kazmerzak, Sutton (Duane), Napoli, Broderick

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Voting no:      Diedtrich (Elmer), Konold, Kooistra, Volesky, Wetz

MOTION:      ADJOURN

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

Lois Henry

Committee Secretary