76th Legislative Session _ 2001

Committee: Senate Transportation
Thursday, February 08, 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, Chair

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 6, 2001

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

          SB 114: modify the funding level for the local government transportation technology transfer special revenue fund.

Presented By:    Dick Howard, Association of County Commissions (document #1)
Proponents:    Gail Broch, South Dakota Association of Towns and Townships
        Dennis Landguth, Department of Transportation

MOTION:     DO PASS SB 114

Moved by:    Diedrich (Larry)
Second by:    Volesky
Action:    Prevailed by roll call vote.(6-0-1-0)


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

Excused:    Hagen

         SB 133: establish certain civil penalties for overweight vehicle violations and to provide for the disposition of the civil penalties.

Presented By:    Senator Putnam
Proponents:    Dick Howard, Association of County Commissions (document #2)
        Gail Broch, South Dakota Association of Towns and Townships
Opponents:    Dick Tieszen, Associated School Boards (document #3)
        Bob Stevens, South Dakota Education Association
        Dianna Miller, ESD+5
        Kristi Johnson, School Administrators

MOTION:     DEFER SB 133 TO THE 41ST LEGISLATIVE DAY

Moved by:    Diedrich (Larry)
Second by:    McCracken
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Hagen

         SB 144: prohibit placing any object or conducting any activity on or within the public highway right-of-way without written permission and to provide penalties therefor.

Presented By:    Dick Howard, Association of County Commissions (document #4)
Proponents:    Gail Broch, South Dakota Association of Towns and Townships

MOTION:     AMEND SB 144

144fa
     On page 1 of the printed bill, delete lines 5 to 15 , inclusive.

     On page 2 , delete lines 1 to 5 , inclusive.

Moved by:    McCracken
Second by:    Diedrich (Larry)

Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 144 AS AMENDED

Moved by:    Diedrich (Larry)
Second by:    McCracken
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Hagen

 MOTION:     TO AMEND TITLE OF SB 144

144fta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "require any person who tampers or interferes with certain highway markers, signs, or control devices to be liable for damages.".

     On page 1 , delete lines 2 and 3 .

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

 MOTION:     PLACE SB 144 ON CONSENT

Moved by:    Staggers
Second by:    Volesky
Action:    Prevailed by voice vote.

          SB 211: restrict the erection or placement of unauthorized signs in any public highway right-of-way.

Presented By:    Dennis Landguth, Department of Transportation
Proponents:    Doug Hofer, Department of Game, Fish and Parks
Opponents:    Brett Koenecke, Design Professionals Coalition
        Bill Dougherty, Qwest

MOTION:     AMEND SB 211

211fa
     On page 1, line 7 of the printed bill, after " attach any " insert "unauthorized".

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

     On page 2 , after line 2, insert:

"      Section 3. The Transportation Commission may adopt rules, pursuant to chapter 1-26, to authorize the placement or maintenance of signs, other than official traffic control signs, within state highway right-of-way. The rules may include the following:

             (1)    Organization qualifying criteria;

             (2)    Application procedures;

             (3)    Size, spacing, and location within or over the right-of-way;

             (4)    Type of construction materials that can be used; and

             (5)    Erection, duration, and removal requirements.

     The Transportation Commission may not promulgate rules pursuant to this section to authorize any commercial advertising within or over state highway right-of-way or to authorize any sign that is not otherwise authorized by law on or over interstate highway right-of-way.

     Section 4. The governing body of the local government exercising jurisdiction over public highway right-of-way may, by resolution or ordinance, authorize the placement and maintenance of signs for special events or activities for a limited period of time on or over the right-of-way under its control.

     Section 5. The Department of Game, Fish and Parks or its designee may mark or sign a state snowmobile trail within any public right-of-way or public land. The Department of Game, Fish and Parks may place signs within any public right-of-way providing directions to a state owned or managed public use area.".


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

 MOTION:     AMEND SB 211


211ja
     On page 2, after line 2 of the printed bill, insert:

"      Section 6. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in this chapter may be deemed to limit or encroach upon the practice and activity of a professional licensed pursuant to chapter 36-18A, performing his or her professional duties.".

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

 MOTION:     AMEND SB 211

211ob
     On page 2, after line 2 of the printed bill, insert:

"
     Section 7. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in this chapter may be deemed to limit or encroach upon the activity of a utility company in the conduct of its business.".

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

 MOTION:     DO PASS SB 211 AS AMENDED

Moved by:    Volesky
Second by:    McCracken
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER SB 211 TO THE 41ST LEGISLATIVE DAY

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


Voting Yes:    Diedrich (Larry), Staggers

Voting No:    Albers, McCracken, Volesky, Vitter

Excused:    Hagen

 MOTION:     DO PASS SB 211 AS AMENDED

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

Voting Yes:    Albers, McCracken, Volesky, Vitter

Voting No:    Diedrich (Larry), Staggers

Excused:    Hagen

 MOTION:     ADJOURN

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

Alice Christensen

____________________________

Committee Secretary
Drue J. Vitter, Chair

../02080800.STR
Page 1