House Transportation Minutes 01/14/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: House Transportation

Monday, January 14, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Elliott
P    Flowers
P    Fryslie
P    Hennies (Don)
P    Koistinen
P    Konold
P    Kooistra
P    Peterson (Jim)
P    Teupel
P    Van Norman
P    Pederson (Gordon), Vice-Chair
    Broderick, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Broderick

MOTION:     TO APPROVE THE MINUTES OF JANUARY 11, 2002

Moved by:    Konold
Second by:    Van Norman
Action:    Prevailed by voice vote.

MOTION:     ADOPT TEMPORARY RULES.

Moved by:    Pederson (Gordon)
Second by:    Flowers
Action:    Prevailed by voice vote.

         HB 1023: provide motor carrier inspectors enforcement authority for certain

violations regarding the licensing of commercial drivers.

Presented By:    Captain Jim Carpenter, SDHP

MOTION:     DO PASS HB 1023

Moved by:    Pederson (Gordon)
Second by:    Abdallah
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Abdallah, Elliott, Flowers, Fryslie, Hennies (Don), Koistinen, Konold, Kooistra, Peterson (Jim), Teupel, Van Norman, Pederson (Gordon), Broderick

MOTION:     PLACE HB 1023 ON CONSENT

Moved by:    Pederson (Gordon)
Second by:    Teupel
Action:    Prevailed by voice vote.

         HB 1024: revise the penalties for overweight vehicle violations.

Presented By:    Captain Jim Carpenter, SDHP

MOTION:     AMEND HB 1024

On page 2, line 2 of the printed bill, overstrike " is more than " and insert " exceeds ".

On page 2 , line 2, after " five thousand pounds " insert " and is ten thousand pounds or less ".

Moved by:    Van Norman
Second by:    Teupel
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1024

On page 1 of the printed bill, overstrike lines 9 and 10 .

Amendment presented by Representative Teupel
Amendment
Proponents: Myron Rau, SD Trucking

Dick Tieszen, SD Waste Management
Brenda Forman, SD Coops

Amendment
Opponents:    Dianna Miller, ESD+5
        Mike Durick, DOT
        Gene Enck, Assoc. of School Boards
        Dick Howard, SD County Comm.

Moved by:    Teupel
Second by:    Koistinen
Action:    Failed by roll call vote.(5-8-0-0)

Voting Yes:    Flowers, Fryslie, Koistinen, Peterson (Jim), Teupel

Voting No:    Abdallah, Elliott, Hennies (Don), Konold, Kooistra, Van Norman, Pederson (Gordon), Broderick

MOTION:     DO PASS HB 1024 AS AMENDED

Moved by:    Konold
Second by:    Abdallah
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Abdallah, Elliott, Flowers, Fryslie, Hennies (Don), Koistinen, Konold, Kooistra, Peterson (Jim), Teupel, Van Norman, Pederson (Gordon), Broderick

MOTION:     PLACE HB 1024 ON CONSENT

Moved by:    Konold
Second by:    Pederson (Gordon)
Action:    Prevailed by voice vote.

         HB 1025: update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

Presented By:    Captain Jim Carpenter, SDHP (Handout #1) (Handout #2)

MOTION:     DO PASS HB 1025

Moved by:    Abdallah
Second by:    Flowers
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Abdallah, Elliott, Flowers, Fryslie, Hennies (Don), Koistinen, Konold, Kooistra, Peterson (Jim), Teupel, Van Norman, Pederson (Gordon), Broderick

MOTION:     PLACE HB 1025 ON CONSENT

Moved by:    Teupel
Second by:    Konold
Action:    Prevailed by voice vote.

         HB 1026: disqualify a person from operating a commercial motor vehicle for certain traffic convictions regarding railroad crossings and to provide certain penalties.

Presented By:    Cindy Gerber, Department of Commerce and Regulations
Proponents:    Bill Nevin, DOT

MOTION:     DO PASS HB 1026

Moved by:    Konold
Second by:    Koistinen
Action:    Prevailed by roll call vote.(12-1-0-0)

Voting Yes:    Abdallah, Elliott, Flowers, Fryslie, Hennies (Don), Koistinen, Konold, Peterson (Jim), Teupel, Van Norman, Pederson (Gordon), Broderick

Voting No:    Kooistra

         HB 1030: authorize the highway patrol to promulgate rules regarding splash aprons and flaps for motor vehicles.

Presented By:    Jim Carpenter, SDHP
Proponents:    Bill Nevin, DOT

MOTION:     AMEND HB 1030

On page 1, line 6 of the printed bill, before " The " insert "No person may move or permit to be moved any motor vehicle with six or more tires without having first equipped the rearmost wheels or set of wheels of the vehicle with splash aprons or flaps. The splash aprons or flaps shall be designed, constructed, and attached to the vehicle in a manner that arrests and deflects dirt, mud, water, rocks, and other substances at all times as follows:

(1) The splash apron or flap shall extend downward to a point at least as low as the center of

the tire or tires, or no less than ten inches above the surface of the highway when the vehicle is empty, whichever is lower; and

(2) The splash apron or flap shall extend at least to each side of the width of the tire or the combined width of the multiple tires.".

On page 1 , line 12, before " The " insert "No person may move or permit to be moved any motor vehicle having six or more tires without having first equipped the rearmost wheels or set of wheels of the vehicle with splash aprons or flaps. The splash aprons or flaps shall be designed, constructed, and attached to the vehicle in a manner that arrests and deflects dirt, mud, water, rocks, and other substances at all times as follows:

(1) The splash apron or flap shall extend downward to a point at least as low as the center of the tire or tires, or no less than ten inches above the surface of the highway when the vehicle is empty, whichever is lower; and

(2) The splash apron or flap shall extend at least to each side of the width of the tire or the combined width of the multiple tires.".

Moved by:    Konold
Second by:    Pederson (Gordon)
Action:    Was not acted on.

The Chair deferred HB 1030 until a later date..

MOTION:     ADJOURN

Moved by:    Konold
Second by:    Elliott
Action:    Prevailed by voice vote.

____________________________

Committee Secretary

B. Michael Broderick, Jr., Chair

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