Senate Transportation Minutes 02/06/2001 8:00 AM

76^th Legislative Session _ 2001

Committee: Senate Transportation

Tuesday, February 06, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Albers
P    Diedrich (Larry)
E    Hagen
P    McCracken
P    Volesky
P    Staggers, Vice-Chair
P    Vitter, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Drue J. Vitter

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 1, 2001

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

         SB 170: remove the fee for special vehicle license plates for firefighters.

Presented By:    Senator Staggers
Opponents:    Debra Hillmer, Department of Revenue

MOTION:     DEFER SB 170 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Albers
Second by:    Diedrich (Larry)
Action:    Prevailed by roll call vote.(4-1-2-0)

Voting Yes:    Albers, Diedrich (Larry), McCracken, Vitter

Voting No:    Staggers

Excused:    Hagen, Volesky

         HB 1046: require certain boats documented by the United States Coast Guard to be registered, to revise certain provisions regarding the numbering of boats, and to allow the Game, Fish and Parks Commission to establish a fee for a temporary boat license.

Presented By:    Debra Hillmer, Department of Revenue

MOTION:     DO PASS HB 1046

Moved by:    Diedrich (Larry)
Second by:    Albers
Action:    Prevailed by roll call vote.(4-1-2-0)

Voting Yes:    Albers, Diedrich (Larry), McCracken, Vitter

Voting No:    Staggers

Excused:    Hagen, Volesky

         SB 207: prohibit the use of certain hand-held devices by motor vehicle drivers, to provide for certain exemptions, and to provide a penalty therefor.

Presented By:    Senator de Hueck
Proponents:    Dick Tieszen, State Farm Insurance
        Lorin Pankratz, Western Wireless

MOTION:     AMEND SB 207

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

" Section 1. The Executive Board of the Legislative Research Council shall, during the legislative interim of the year 2001, establish an interim committee:

(1) To study and develop recommendations concerning the issue of highway safety and driver distractions, including communications technology and electronic entertainment such as wireless telephones, pagers, facsimile machines, computers, locator devices, AM/FM radios, compact disc players, audio cassette players, citizens band radios and dispatch

radios, and all other forms of nontechnological distractions;

(2) To review and analyze studies and statistics relating to all types of driver distractions which affect highway and traffic safety;

(3) To inquire into innovative communications technologies being used or proposed to be used in motor vehicles that may help alleviate risks to highway and traffic safety;

(4) To research related legislative initiatives in other states and jurisdictions and to ascertain their impact on highway safety; and

(5) To develop recommendations for public and private strategies and recommendations for legislative or regulatory action if deemed appropriate to address these issues."

Moved by:    Diedrich (Larry)
Second by:    Albers
Action:    Prevailed by roll call vote.(4-0-3-0)

Voting Yes:    Albers, Diedrich (Larry), McCracken, Vitter

Excused:    Hagen, Volesky, Staggers

MOTION:     DEFER SB 207 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Diedrich (Larry)
Second by:    Albers
Action:    Prevailed by roll call vote.(4-0-3-0)

Voting Yes:    Albers, Diedrich (Larry), McCracken, Vitter

Excused:    Hagen, Volesky, Staggers

         SB 119: require certain vehicle loads to be covered.

Presented By:    Senator Brosz
Proponents:    Myron Rau, South Dakota Highway Patrol
        Jim Keyes Associated General Contractors of South Dakota

MOTION:     AMEND SB 119

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

" Section 1. That chapter 32-15 be amended by adding thereto a NEW SECTION to read as follows:

Any driver of a vehicle with a model year of 2000 or newer transporting sand, gravel, aggregate, dirt, rock, or similar material shall ensure that the cargo compartment of the vehicle is securely covered to prevent its contents from escaping if:

(1) The vertical distance from the top of an exterior wall of the cargo compartment to the load, when measured downward along the inside surface of the wall, is less than six inches;

(2) The size of the sand, gravel, aggregate, dirt, rock, or similar material is nominally less than four inches in diameter; and

(3) The speed of the vehicle is greater than forty miles per hour.

The requirement to cover the cargo compartment does not apply to any vehicle operated within a closed construction zone or to any vehicle designed to drop material for the purpose of securing traction on any ice or snow packed surface.

A violation of this section is a Class 2 misdemeanor.

Section 2. Section 1 of this Act is effective on January 1, 2002, and is repealed on July 1, 2002.

Section 3. That chapter 32-15 be amended by adding thereto a NEW SECTION to read as follows:

Any driver of a vehicle with a model year of 1995 or newer transporting sand, gravel, aggregate, dirt, rock, or similar material shall ensure that the cargo compartment of the vehicle is securely covered to prevent its contents from escaping if:

(1) The vertical distance from the top of an exterior wall of the cargo compartment to the load, when measured downward along the inside surface of the wall, is less than six inches;

(2) The size of the sand, gravel, aggregate, dirt, rock, or similar material is nominally less than four inches in diameter; and

(3) The speed of the vehicle is greater than forty miles per hour.

The requirement to cover the cargo compartment does not apply to any vehicle operated within a closed construction zone or to any vehicle designed to drop material for the purpose of securing traction on any ice or snow packed surface.

A violation of this section is a Class 2 misdemeanor.

Section 4. Section 3 of this Act is effective on July 1, 2002, and is repealed on January 1, 2003.

Section 5. That chapter 32-15 be amended by adding thereto a NEW SECTION to read as follows:

Any driver of a vehicle transporting sand, gravel, aggregate, dirt, rock, or similar material shall ensure that the cargo compartment of the vehicle is securely covered to prevent its contents from escaping if:

(1) The vertical distance from the top of an exterior wall of the cargo compartment to the load, when measured downward along the inside surface of the wall, is less than six inches;

(2) The size of the sand, gravel, aggregate, dirt, rock, or similar material is nominally less than four inches in diameter; and

(3) The speed of the vehicle is greater than forty miles per hour.

The requirement to cover the cargo compartment does not apply to any vehicle operated within a closed construction zone or to any vehicle designed to drop material for the purpose of securing traction on any ice or snow packed surface.

A violation of this section is a Class 2 misdemeanor.

Section 6. Section 5 of this Act is effective on January 1, 2003."

Moved by:    Diedrich (Larry)
Second by:    Albers
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Albers, Diedrich (Larry), McCracken, Volesky, Vitter

Excused:    Hagen, Staggers

MOTION:     DO PASS SB 119 AS AMENDED

Moved by:    Volesky
Second by:    Albers
Action:    Prevailed by roll call vote.(4-1-2-0)

Voting Yes:    Albers, McCracken, Volesky, Vitter

Voting No:    Diedrich (Larry)

Excused:    Hagen, Staggers

The Chair deferred HB 1119 until Tuesday, February 13, 2001.

MOTION:     ADJOURN

Moved by:    Albers
Second by:    McCracken
Action:    Prevailed by voice vote.

Alice Christensen

____________________________

Committee Secretary

Drue J. Vitter, Chair

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