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Legislative Watch

South Dakota


2/20/02 - Rep. Clarence Kooistra (R-Garretson) has introduced a bill (HB1055) that requires an investigating police officer to include information on a vehicle accident report as to whether the driver was using a cellular phone or other communication device at the time of the accident. The accident report would include whether and how the use of such a device may have been a contributing factor in causing the accident. HB1055 has been sent to the House transportation committee. The general information number for the House is (605) 773-3851.

4/24/01 - Gov. William Janklow vetoed HB1166 on March 2. The bill would have prohibited local governments from regulating properly muffled brakes that utilize a vehicle's exhaust system. The bill was sent back to the House for reconsideration where a veto override failed.

3/22/01--Gov. William Janklow vetoed HB1166, a bill that prohibits local governments from regulating properly muffled brakes that utilize a vehicle's exhaust system. In a letter to the House, Janklow stated that in the past, state legislators have given municipalities the power to regulate public safety within their boundaries. The issue is "inherently a local issue and a decision that should be made locally," Janklow wrote. "It is wrong to take away a small town's ability to regulate all aspects of truck traffic through the town."
The bill was sent back to the House for reconsideration where a veto override failed last week.

2/23/01 - A South Dakota bill that will put the brakes on some engine/exhaust brake ordinances is awaiting Gov. William Janklow's signature. HB1166, which passed the Senate by a 27-7 vote, will prohibit local governments from regulating properly muffled brakes that utilize a vehicle's exhaust system. Local governments will still be permitted to prohibit the use of un-muffled brakes.

2/12/01 - With only a single "nay," state representatives voted to approve extending time limits in rest areas for trucks on Jan. 23. Under the provisions of HB1013, truckers subject to federal hours-of-service regulations will be able to bed down in South Dakota rest areas for eight hours, as opposed to the current limit of three hours. With 33 yeas, 0 nays, the bill passed the Senate as well and on Feb. 9, it was signed into law by the governor.
HB1166 will put the brakes on some engine/exhaust brake ordinances if it becomes law. The bill would prohibit local governments from regulating properly muffled brakes that utilize a vehicle's exhaust system. Local governments could still prohibit the use of un-muffled brakes. This bill passed the House on Feb. 7 and was approved by the Senate Local Government committee on Feb. 14.
HB1129 gives drivers hauling grain to grain elevators a choice if their loads are overweight. Current law gives weight enforcement officers the option to issue an overweight permit for the remaining distance to the elevator or requiring the driver to unload part of the load to get it legal. Either of these options is in addition to overweight fines. Under the provisions of the bill, the driver would have a choice of getting the load legal and not paying a fine, or just paying the fine and obtaining an overweight permit. The bill is assigned to the transportation committee.
HB1130 may provide relief to truckers who find themselves out in the cold, chipping ice off their rigs in order to comply with vehicle weight limits. The bill would make an exception for the weight of accumulated ice and snow if Òthe owner or operator of the vehicle can demonstrate the vehicle was within legal limits when loaded.
The general information number for the South Dakota House of Representatives is (605) 773-3851.