18ra

___________________ moved that SB 18 be amended as follows:

     On page 2, after line 19 of the printed bill, insert:

"
     Section 2. That chapter 49-28A be amended by adding thereto a NEW SECTION to read as follows:

     Hours-of-service regulations promulgated by the United States Department of Transportation at 68 Federal Register 22456, in April 2003, (Federal hours-of-service amendments) shall apply to utility service vehicles owned or operated by gas or electric utilities while engaged in intrastate commerce within this state, on or after January 1, 2006. However, hours-of-service regulations that were applicable in the State of South Dakota immediately prior to January 4, 2004, shall remain applicable to gas or electric utility service vehicles until January 1, 2006.

     Section 3. That chapter 49-28A be amended by adding thereto a NEW SECTION to read as follows:

     If the United States Department of Transportation issues an official formal finding that one or more portions of this statute may result in the loss of Federal Motor Carrier Safety Assistance Program funding, the Department of Public Safety may, by rule promulgated pursuant to chapter 1- 26, implement the 2004 federal hours-of-service amendment as may be appropriate to preserve such federal funding.

     If federal law or regulations are amended, or otherwise altered under law, at any time to cause to be exempted a class or group of vehicles, which class or group would include such gas or electric utility service vehicles within this state, from the hours-of-service requirements, any exemption shall be effective in this state immediately for the duration of the federal exemption.".