Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 29 (2016GS)

Sponsor

Rep. Christofferson, K.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals certain reporting requirements to the Legislature's Transportation Interim Committee;
• modifies certain reporting requirements that the Department of Transportation and the Transportation Commission are required to make to the Legislature's Transportation Interim Committee; and
• makes technical corrections.

Every vote on this bill

Bill text

TRANSPORTATION INTERIM COMMITTEE REPORTS
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill modifies the Motor Vehicle Act and the Transportation Code by amending
provisions relating to reports.
Highlighted Provisions:
This bill:
▸ repeals certain reporting requirements to the Legislature's Transportation Interim
Committee;
▸ modifies certain reporting requirements that the Department of Transportation and
the Transportation Commission are required to make to the Legislature's
Transportation Interim Committee; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-418
, as last amended by Laws of Utah 2014, Chapter 37
41-6a-602
, as last amended by Laws of Utah 2014, Chapter 62
41-6a-702
, as last amended by Laws of Utah 2015, Chapter 412
72-1-201
, as last amended by Laws of Utah 2013, Chapter 303
72-2-124
, as last amended by Laws of Utah 2015, Chapter 421
72-4-102
, as last amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-418
 is amended to read:
41-1a-418.
Authorized special group license plates.
(1) The division shall only issue special group license plates in accordance with this
section through Section 
41-1a-422
 to a person who is specified under this section within the
categories listed as follows:
(a) disability special group license plates issued in accordance with Section 
41-1a-420
;
(b) honor special group license plates, as in a war hero, which plates are issued for a:
(i) survivor of the Japanese attack on Pearl Harbor;
(ii) former prisoner of war;
(iii) recipient of a Purple Heart;
(iv) disabled veteran; or
(v) recipient of a gold star award issued by the United States Secretary of Defense;
(c) unique vehicle type special group license plates, as for historical, collectors value,
or other unique vehicle type, which plates are issued for:
(i) a special interest vehicle;
(ii) a vintage vehicle;
(iii) a farm truck; or
(iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
defined in Section 
59-13-102
; or
(B) beginning on the effective date of rules made by the Department of Transportation
authorized under Subsection 
41-6a-702
(5)(b) and until Subsection (4) applies, a vehicle
powered by clean fuel that meets the standards established by the Department of Transportation
in rules authorized under Subsection 
41-6a-702
(5)(b);
(d) recognition special group license plates, which plates are issued for:
(i) a current member of the Legislature;
(ii) a current member of the United States Congress;
(iii) a current member of the National Guard;
(iv) a licensed amateur radio operator;
(v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
(vi) an emergency medical technician;
(vii) a current member of a search and rescue team;
(viii) a current honorary consulate designated by the United States Department of
State; or
(ix) an individual that wants to recognize and honor American freedoms and values
through an In God We Trust license plate;
(e) support special group license plates, as for a contributor to an institution or cause,
which plates are issued for a contributor to:
(i) an institution's scholastic scholarship fund;
(ii) the Division of Wildlife Resources;
(iii) the Department of Veterans' and Military Affairs;
(iv) the Division of Parks and Recreation;
(v) the Department of Agriculture and Food;
(vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
(vii) the Boy Scouts of America;
(viii) spay and neuter programs through No More Homeless Pets in Utah;
(ix) the Boys and Girls Clubs of America;
(x) Utah public education;
(xi) programs that provide support to organizations that create affordable housing for
those in severe need through the Division of Real Estate;
(xii) the Department of Public Safety;
(xiii) programs that support Zion National Park;
(xiv) beginning on July 1, 2009, programs that provide support to firefighter
organizations;
(xv) programs that promote bicycle operation and safety awareness;
(xvi) programs that conduct or support cancer research;
(xvii) programs that create or support autism awareness;
(xviii) programs that create or support humanitarian service and educational and
cultural exchanges;
(xix) programs that conduct or support prostate cancer awareness, screening, detection,
or prevention;
(xx) programs that support and promote adoptions;
(xxi) programs that create or support civil rights education and awareness; or
(xxii) programs that support issues affecting women and children through an
organization affiliated with a national professional men's basketball organization.
(2) (a) The division may not issue a new type of special group license plate unless the
division receives:
(i) (A) a private donation for the start-up fee established under Section 
63J-1-504
 for
the production and administrative costs of providing the new special group license plates; or
(B) a legislative appropriation for the start-up fee provided under Subsection
(2)(a)(i)(A); and
(ii) beginning on January 1, 2012, and for the issuance of a support special group
license plate authorized in Section 
41-1a-422
, at least 500 completed applications for the new
type of support special group license plate to be issued with all fees required under this part for
the support special group license plate issuance paid by each applicant.
(b) (i) Beginning on January 1, 2012, each participating organization shall collect and
hold applications for support special group license plates authorized in Section 
41-1a-422
 on or
after January 1, 2012, until it has received at least 500 applications.
(ii) Once a participating organization has received at least 500 applications, it shall
submit the applications, along with the necessary fees, to the division for the division to begin
working on the design and issuance of the new type of support special group license plate to be
issued.
(iii) Beginning on January 1, 2012, the division may not work on the issuance or design
of a new support special group license plate authorized in Section 
41-1a-422
 until the
applications and fees required under this Subsection (2) have been received by the division.
(iv) The division shall begin issuance of a new support special group license plate
authorized in Section 
41-1a-422
 on or after January 1, 2012, no later than six months after
receiving the applications and fees required under this Subsection (2).
(c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
registration of a motor vehicle that has been issued a firefighter recognition special group
license plate unless the applicant is a contributor as defined in Subsection
41-1a-422
(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
(ii) A registered owner of a vehicle that has been issued a firefighter recognition
special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
registration shall:
(A) be a contributor to the Firefighter Support Restricted Account as required under
Subsection (2)(c)(i); or
(B) replace the firefighter recognition special group license plate with a new license
plate.
(3) [
(a)
] Beginning on July 1, 2011, if a support special group license plate type
authorized in Section 
41-1a-422
 and issued on or after January 1, 2012, has fewer than 500
license plates issued each year for a three consecutive year time period that begins on July 1,
the division may not issue that type of support special group license plate to a new applicant
beginning on January 1 of the following calendar year after the three consecutive year time
period for which that type of support special group license plate has fewer than 500 license
plates issued each year.
[
(b) If the division is required to stop the issuance of a type of support special group
license plate authorized in Section 
41-1a-422
 under this Subsection (3), the division shall
report to the Transportation Interim Committee that the division will stop the issuance on or
before the November interim meeting of the year in which the commission determines to stop
the issuance of that type of support special group license plate.
]
(4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
Section 2. Section 
41-6a-602
 is amended to read:
41-6a-602.
Speed limits established on state highways.
(1) (a) The Department of Transportation shall determine the reasonable and safe speed
limit for each highway or section of highway under its jurisdiction.
(b) For each highway or section of highway, each speed limit shall be based on a traffic
engineering and safety study consistent with the requirements and recommendations in the
most current version of the "Manual on Uniform Traffic Control Devices."
(c) The traffic engineering and safety studies shall include:
(i) the design speed;
(ii) prevailing vehicle speeds;
(iii) accident history;
(iv) highway, traffic, and roadside conditions; and
(v) other highway safety factors.
(2) In addition to the provisions of Subsection (1), the Department of Transportation
may establish different speed limits on a highway or section of highway based on:
(a) time of day;
(b) highway construction;
(c) type of vehicle;
(d) weather conditions; and
(e) other highway safety factors.
(3) (a) Except as provided in Subsection (3)(b) and (c), a posted speed limit may not
exceed 65 miles per hour.
(b) Except as provided in Subsection (3)(c), a posted speed limit on a freeway or other
limited access highway may not exceed 75 miles per hour.
(c) (i) The Department of Transportation may establish a posted speed limit on a
freeway or other limited access highway that exceeds the maximum speed limit in Subsection
(3)(b) if the speed limit is based on a highway traffic engineering and safety study.
(ii) If the Department of Transportation establishes a posted speed limit that exceeds
the limit under Subsection (3)(b), the Department of Transportation shall evaluate the results
and impacts of increasing a speed limit under this Subsection (3)(c).
[
(iii) The Department of Transportation shall report the findings of an evaluation
conducted under Subsection (3)(c)(ii) to the Transportation Interim Committee no later than
one year after a speed limit has been imposed under this Subsection (3)(c).
]
(d) This Subsection (3) is an exception to the provisions of Subsections (1) and (2).
(4) When establishing or changing a speed limit, the Department of Transportation
shall consult with the following entities prior to erecting or changing a speed limit sign:
(a) the county for state highways in an unincorporated area of the county;
(b) the municipality for state highways within the municipality's incorporated area;
(c) the Department of Public Safety; and
(d) the Transportation Commission.
(5) The speed limit is effective when appropriate signs giving notice are erected along
the highway or section of the highway.
Section 3. Section 
41-6a-702
 is amended to read:
41-6a-702.
Left lane restrictions -- Exceptions -- Other lane restrictions --
Penalties.
(1) As used in this section and Section 
41-6a-704
, "general purpose lane" means a
highway lane open to vehicular traffic but does not include a designated:
(a) high occupancy vehicle (HOV) lane; or
(b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
off-ramp.
(2) On a freeway or section of a freeway which has three or more general purpose lanes
in the same direction, a person may not operate a vehicle in the left most general purpose lane
if the person's:
(a) vehicle is drawing a trailer or semitrailer regardless of size; or
(b) vehicle or combination of vehicles has a gross vehicle weight of 12,001 or more
pounds.
(3) Subsection (2) does not apply to a person operating a vehicle who is:
(a) preparing to turn left or taking a different highway split or an exit on the left;
(b) responding to emergency conditions;
(c) avoiding actual or potential traffic moving onto the highway from an acceleration or
merging lane; or
(d) following direction signs that direct use of a designated lane.
(4) (a) A highway authority may designate a specific lane or lanes of travel for any type
of vehicle on a highway or portion of a highway under its jurisdiction for the:
(i) safety of the public;
(ii) efficient maintenance of a highway; or
(iii) use of high occupancy vehicles.
(b) The lane designation under Subsection (4)(a) is effective when appropriate signs
giving notice are erected on the highway or portion of the highway.
[
(c) If a highway authority establishes an HOV lane, the highway authority shall
annually report to the Transportation Interim Committee no later than November 30 of each
year regarding:
]
[
(i) the types of vehicles that may access the lane;
]
[
(ii) where, when, and how a vehicle may access the lane;
]
[
(iii) how a tax, fee, or charge is assessed for a vehicle carrying less than the number of
persons specified for the lane;
]
[
(iv) the usage of the HOV lane as compared to the usage of the general purpose lanes
along the same stretch of highway; and
]
[
(v) the compliance issues, safety risks, and impacts of the lane parameters described
under Subsections (4)(c)(i), (ii), and (iii).
]
(5) (a) Subject to Subsection (5)(b) and beginning on July 1, 2011, the lane designation
under Subsection (4)(a)(iii) shall allow a vehicle with a clean fuel vehicle decal issued in
accordance with Section 
72-6-121
 to travel in lanes designated for the use of high occupancy
vehicles regardless of the number of occupants as permitted by federal law or federal
regulation.
(b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
number of occupants as permitted by federal law or federal regulation.
(ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may
not issue more than 6,000 clean fuel vehicle decals under Section 
72-6-121
.
(iii) The Department of Transportation may, through rules made under Subsection
(5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section
72-6-121
 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will
allow the Department of Transportation to continue to meet its goals for operational
management of the lane designated under Subsection (4)(a)(iii).
(6) A person who operates a vehicle in violation of Subsection (2) or in violation of the
restrictions made under Subsection (4) is guilty of an infraction.
Section 4. Section 
72-1-201
 is amended to read:
72-1-201.
Creation of Department of Transportation -- Functions, powers, duties,
rights, and responsibilities.
(1) There is created the Department of Transportation which shall:
(a) have the general responsibility for planning, research, design, construction,
maintenance, security, and safety of state transportation systems;
(b) provide administration for state transportation systems and programs;
(c) implement the transportation policies of the state;
(d) plan, develop, construct, and maintain state transportation systems that are safe,
reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
industry;
(e) establish standards and procedures regarding the technical details of administration
of the state transportation systems as established by statute and administrative rule;
(f) advise the governor and the Legislature about state transportation systems needs;
(g) coordinate with utility companies for the reasonable, efficient, and cost-effective
installation, maintenance, operation, relocation, and upgrade of utilities within state highway
rights-of-way;
(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make policy and rules for the administration of the department, state transportation systems,
and programs; and
(i) annually report to[
: (i)
] the Transportation Interim Committee, by November 30 of
each year, as to the
:
(i)
 operation [
and
]
,
 maintenance
, condition, and safety
 needs for highways; and
[
(ii) an appropriate legislative committee as designated by the Legislative Management
Committee the transfers that need to be made between all transportation-related funds to
maintain the state highway construction program as prioritized by the commission.
]
(ii) condition, safety, and mobility of the state transportation system jointly with the
Transportation Commission.
(2) (a) The department shall exercise reasonable care in designing, constructing, and
maintaining a state highway in a reasonably safe condition for travel.
(b) Nothing in this section shall be construed as:
(i) creating a private right of action; or
(ii) expanding or changing the department's common law duty as described in
Subsection (2)(a) for liability purposes.
Section 5. Section 
72-2-124
 is amended to read:
72-2-124.
Transportation Investment Fund of 2005.
(1) There is created a capital projects fund entitled the Transportation Investment Fund
of 2005.
(2) The fund consists of money generated from the following sources:
(a) any voluntary contributions received for the maintenance, construction,
reconstruction, or renovation of state and federal highways;
(b) appropriations made to the fund by the Legislature;
(c) the sales and use tax revenues deposited into the fund in accordance with Section
59-12-103
; and
(d) registration fees designated under Section 
41-1a-1201
.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) (a) Except as provided in Subsection (4)(b), the executive director may use fund
money only to pay:
(i) the costs of maintenance, construction, reconstruction, or renovation to state and
federal highways prioritized by the Transportation Commission through the prioritization
process for new transportation capacity projects adopted under Section 
72-1-304
;
(ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
projects described in Subsections 
63B-18-401
(2), (3), and (4);
(iii) principal, interest, and issuance costs of bonds authorized by Section 
63B-18-401
minus the costs paid from the County of the First Class Highway Projects Fund in accordance
with Subsection 
72-2-121
(4)(f);
(iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
Lake County Revenue Bond Sinking Fund created by Section 
72-2-121.3
 the amount certified
by Salt Lake County in accordance with Subsection 
72-2-121.3
(4)(c) as necessary to pay the
debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
(v) principal, interest, and issuance costs of bonds authorized by Section 
63B-16-101
for projects prioritized in accordance with Section 
72-2-125
;
(vi) all highway general obligation bonds that are intended to be paid from revenues in
the Centennial Highway Fund created by Section 
72-2-118
; and
(vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
Class Highway Projects Fund created in Section 
72-2-121
 to be used for the purposes described
in Section 
72-2-121
.
(b) The executive director may use fund money to exchange for an equal or greater
amount of federal transportation funds to be used as provided in Subsection (4)(a).
(5) (a) Before bonds authorized by Section 
63B-18-401
 may be issued in any fiscal
year, the department and the commission shall appear before the Executive Appropriations
Committee of the Legislature and present the amount of bond proceeds that the department
needs to provide funding for the projects identified in Subsections 
63B-18-401
(2), (3), and (4)
for the next fiscal year.
(b) The Executive Appropriations Committee of the Legislature shall review and
comment on the amount of bond proceeds needed to fund the projects.
(6) The Division of Finance shall, from money deposited into the fund, transfer the
amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
Section 
63B-18-401
 in the current fiscal year to the appropriate debt service or sinking fund.
[
(7) (a) The commission shall develop prior to June 30, 2015, a funding plan and
identify a highway construction program using the prioritization process for new transportation
capacity projects adopted under Section 
72-1-304
 that meets long-term transportation needs
beyond the normal four year programming horizon.
]
[
(b) The commission shall report the plan and program established under Subsection
(7)(a) to the Transportation Interim Committee of the Legislature by no later than September
30, 2015.
]
Section 6. Section 
72-4-102
 is amended to read:
72-4-102.
Additions to or deletions from state highway system -- Designation of
highways as state highways between sessions.
(1) (a) The Legislature may add to or delete highways or sections of highways from the
state highway system.
(b) The department shall annually submit to the Legislature a list of highways or
sections of highways the commission recommends for addition to or deletion from the state
highway system.
(c) All recommendations under Subsection (1)(b) shall be based on:
(i) the criteria for state highways under Section 
72-4-102.5
;
(ii) funding and operational considerations identified under Subsection (3);
(iii) efficiency of highway operations and maintenance; and
(iv) other factors the commission determines are appropriate, in consultation with the
department and the highway authorities involved in the transfer.
(2) Between general sessions of the Legislature, highways may be designated as state
highways or deleted from the state highway system if:
(a) approved by the commission in accordance with:
(i) the criteria for state highways under Section 
72-4-102.5
;
(ii) funding and operational considerations identified under Subsection (3);
(iii) efficiency of highway operations and maintenance; and
(iv) other factors the commission determines are appropriate, in consultation with the
department and the highway authorities involved in the transfer;
(b) a deletion is agreed upon by all highway authorities involved in the transfer; and
(c) the highways are included in the list of recommendations submitted to the
Legislature in the next year for legislative approval or disapproval.
(3) All highway authorities involved in a highway transfer under this section shall
consider available highway financing levels and operational abilities for the maintenance and
construction of a transferred highway.
[
(4) (a) The department shall no later than June 30 report to the Transportation Interim
Committee of the Legislature any proposed additions to or deletions from the state highway
system whether proposed by the department or another highway authority.
]
[
(b)
] 
(4) (a)
 The 
department or the
 commission shall submit to the Transportation
Interim Committee of the Legislature on or before November 1 of each year:
(i) the list of highways recommended for transfer under Subsection (1);
(ii) a list of potential additions to or deletions from the state highway system that are
currently under consideration; and
(iii) a list of additions to or deletions from the state highway system that were proposed
but not agreed to by the affected highway authorities.
[
(c)
] 
(b)
 The recommendations shall include:
(i) any fiscal and funding recommendations of each highway authority involved in the
transfer of a highway or section of a highway; and
(ii) a cost estimate, fiscal analysis, and funding recommendation, or recommendation
for further study from the Office of the Legislative Fiscal Analyst.
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules, in consultation with the department and local highway
authorities, establishing a process for a highway authority to propose an addition to or deletion
from the state highway system.
(b) The rules established under Subsection (5)(a) shall include provisions for:
(i) notification to highway authorities of the department's intent to:
(A) collect proposed additions to or deletions from the state highway system; and
(B) report the proposals to the Transportation Interim Committee as required under
Subsection (4)(a);
(ii) public comment regarding a proposed addition to or deletion from the state
highway system under this section during a commission meeting held under Section 
72-1-302
;
(iii) notification to any affected highway authority of an addition to or deletion from
the state highway system under consideration prior to the meeting held under Subsection
(5)(b)(ii); and
(iv) opportunity for a highway authority to initiate consideration of additions to or
deletions from the state highway system by the commission.