75th Legislative Session -- 2000

Committee: House Transportation

Wednesday, February 2, 2000

                                            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 31, 2000

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

          HCR 1006:   Requesting the designation of a portion of U.S. Highway 83 as Pearl Harbor Memorial Highway.



The Chair deferred HCR 1006 until February 7, 2000.

MOTION:      RECONSIDER THE VOTE BY WHICH HB 1153 PASSEDLOST

Moved by:      Representative Volesky


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

Voting yes:      Diedrich (Larry), Diedtrich (Elmer), Duenwald, Konold, Kooistra, Volesky, Wetz, Broderick

Voting no:      Apa, Hagen, Kazmerzak, Sutton (Duane)

Excused:      Napoli

          HB 1203:   revise certain notice requirements for accidents involving only damage to the motor vehicle of the driver.

Presented by:      Representative Duenwald
Proponents:      Steve Barnett, self

MOTION:      DO PASS HB 1203

Moved by:      Representative Diedrich (Larry)
Second by:      Representative Diedtrich (Elmer)
Action:      Prevailed by roll call vote.   (10-1-2-0)

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

Voting no:      Apa

Excused:      Volesky, Napoli

          HB 1226:   revise certain provisions related to the surrender of license plates for certain overweight vehicle offenses.

Presented by:      Representative Wetz
Proponents:      Brenda Forman, SD Assoc. Of Coops
          Van Johnson, SD Trucking Assn
          Myron Rau, SDHP

Opponents:      Dick Tieszen, Waste Management Assoc
          Jim Keyes, Assoc. Contractors

MOTION:      AMEND HB 1226

1226fb

     On page 1 , delete lines 5 to 11 of the printed bill , inclusive , and insert:

"      32-22-54.   Upon a fourth or subsequent conviction of any person carrier, owner, or company, for operating a motor vehicle in violation of the provisions of § §  32-22-2 to 32-22-33, inclusive, the court in which such the fourth or subsequent conviction is obtained may, as a part of the judgment, cancel and require the surrender of the license plates of the vehicle involved , which . The canceled plates shall be transmitted to the Department of Commerce and Regulation Revenue , together with a copy of the judgment; and license plates may not be issued for such the vehicle before the expiration of one year from the date of the judgment.

     Section 2. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as follows:
    
     Upon the fourth or subsequent conviction of any individual driver, within a four-year period, for operating a motor vehicle in violation of the provisions of § §  32-22-2 to 32-22-33, inclusive, the court in which the conviction is obtained shall revoke or suspend the driver's operators license and commercial drivers license, if applicable, for a period not to exceed one year. "



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

MOTION:      DEFER HB 1226 UNTIL February 7, 2000

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

          HB 1130:   provide for the titling of salvage, rebuilt, and flood damaged passenger motor vehicles.

Presented by:      Representative Wetz
Proponents:      Van Johnson, SDAA
          Deb Hillmer, DMV
         
Opponents:      Mike Shaw, NAII and American Family Ins.
          Shannon Nordstrom, SD Recyclers
          Jerry Biedenfeld, SD Used Car Dealers Assn.
          Richard Tieszen, State Farm Ins. (Handout #2)

MOTION:      AMEND HB 1130

1130fa

     On page 2 , line 10 of the printed bill , delete " , was issued an affidavit that the vehicle was " and insert " and has been repaired or " .

     On page 2 , line 11 , delete " , and has a decal affixed " and insert " . The person who repaired or rebuilt the vehicle shall attach an affadavit to the salvage title stating that the vehicle was repaired or rebuilt to nationally reconized standards. Such person shall affix a decal " .

     On page 2 , line 25 , after " rebuild " insert " , repair, " .

     On page 3 , line 20 , delete " The " and insert " If applicable, the " .

     On page 3 , line 20 , delete " title or " .

     On page 3 , line 20 , after " certificate " insert " of title " .

     On page 3 , line 21 , delete " as applicable, if " and insert " whether " .

     On page 3 , line 21 , after " salvage vehicle, " insert " junk vehicle, " .

     On page 3 , line 25 , after " branded salvage, " insert " junk, " .

     On page 4 , line 7 , after " vehicle " insert " or flood vehicle " .

     On page 4 , line 9 , after " title " insert " or flood title " .

     On page 4 , line 24 , delete " and notify " .

     On page 4 , delete line 25 .

     On page 5 , line 1 , delete " vehicle " .

     On page 5 , line 1 , after " for " insert " and is issued " .

     On page 6 , line 8 , delete " registration " and insert " register the vehicle " .

     On page 6 , delete lines 10 to 22 , inclusive .

     On page 7 , line 13 , before " a junking " insert " at the option of the owner, " .


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

MOTION:      DO PASS HB 1130 AS AMENDED

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

MOTION:      SUBSTITUTE MOTION DEFER HB 1130 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Napoli
Second by:      Representative Kazmerzak
Action:      Prevailed by roll call vote.   (8-3-2-0)

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

Voting no:      Konold, Sutton (Duane), Wetz

Excused:      Kooistra, Volesky

MOTION:      ADJOURN

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



Lois Henry

_________________________________

Committee Secretary
B. Michael Broderick, Jr., Chair


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