H.B. 15 Bicycle Law Amendments (M. Dillree)

This act allows a bicyclist to use the right arm for a right-hand turn signal, provides an exception from staying right when a bicyclist is traveling straight through a right-turn-only lane, and allows, instead of requires, a bicyclist to use a bicycle path adjacent to a roadway. The act allows bicycles on sidewalks, except where specifically prohibited, and provides a speed limit for bicycles on sidewalks or paths. The duration of turn signals is made uniform for vehicles and bicycles. A red taillight and a flashing red taillight on a bicycle are allowed, and bicycle headlamps must be approved by the Department of Public Safety. Bicyclists are also required to operate in the designated direction of traffic.

H.B. 30 Vehicle Towing and Reporting Requirements (J. Gowans)

This act consolidates and makes uniform reporting, notification, and retrieval requirements for a vehicle, vessel, and outboard motor that is towed due to abandonment, improper registration, DUI, theft, or public safety concerns. A vehicle removal is required to be reported immediately by both the peace officer and the tow truck operator. The report is made to the Motor Vehicle Division in a form the division specifies, which may include an electronic form compatible with a database. The division may charge a fee for utilizing the database based on the cost of administering the database. A person may not remove an unattended vehicle without prior authorization of a law enforcement agency or the owner of the property where the vehicle is located. An unattended vehicle is considered abandoned if left for 48 hours, instead of the previous requirement of 24 hours. An authorized towing certificate is required for any tow truck service that performs towing without the knowledge of a vehicle owner. The Department of Transportation is required to make rules for the inspection, investigation, and certification of tow truck motor carriers, tow trucks, and drivers and the department may charge a biennial fee to cover its costs. A tow truck operator who removes a vehicle from private property without the owner's knowledge must immediately report the removal to law enforcement and send a certified letter to the owner within two business days. Until a tow truck motor carrier reports the removal of a vehicle, no fee may be collected for the removal and no storage fees may be charged. All towing and storage fees must be conspicuously posted. This act takes effect on July 1, 2001.

H.B. 49 Vehicle Suspension Lift Laws (D. Bowman)

This act modifies motor vehicle frame height requirements for a vehicle less than 15,000 pounds and modifies the method for measuring compliance. The act prohibits a frame height of more than 24 inches for a vehicle less than 4,500 pounds, prohibits a frame height of more than 26 inches for a vehicle at least 4,500 but less than 7,500 pounds, and prohibits a frame height of more than 28 inches for a vehicle at least 7,500 pounds. A vehicle may not have any of its parts, except tires, rims, and mudguards, less than three inches above the ground and the lowest portion of the body floor may not be raised more than three inches above the top of the frame. Stacking axle blocks or additional frames is prohibited. Language requiring rulemaking to specify maximum altered heights for vehicles is repealed.

H.B. 63 Off-highway Vehicle Registration Amendments (B. Goodfellow)

This act repeals a provision that required each off-highway vehicle be given an additional assigned identification number upon initial registration that would stay with the off-highway vehicle for subsequent annual registrations until ownership is transferred. The bill takes effect on July 1, 2001.

H.B. 74 Unauthorized Control of a Motor Vehicle Amendments (G. Cox)

This act provides that wrongful appropriation or unauthorized control of a motor vehicle is a lesser included offense of theft.

H.B. 76 Multistate Highway Transportation Agreement Modifications (D. Bush)

This act modifies the Multistate Highway Transportation Agreement by updating and correcting language. The act adds a section providing for funding as it is determined appropriate, and for selection of designated representatives from each house of the legislature. The act repeals the sunset provision of the Multistate Highway Transportation Agreement.

H.B. 85 School Bus - Vehicle Safety Requirements (N. Hendrickson)

This act requires vehicles with a seating capacity of 11 or more, including the driver, that are used by a school district or private school to transport students to comply with federal school bus safety standards.

H.B. 92 Spay and Neuter License Plate (J. Biskupski)

This act authorizes spay and neuter special group license plates for contributors to No More Homeless Pets in Utah for distribution to pet spay and neuter programs. Beginning January 1, 2002, the Motor Vehicle Division may issue the plates if a $9,000 contribution for startup material and programing is provided to the division by No More Homeless Pets in Utah. This act takes effect on July 1, 2001.

H.B. 106 Motor Vehicle Franchise Act Amendments (K. Garn)

This act provides for the appointment of alternate members to the Utah Motor Vehicle Franchise Advisory Board, changes the term of board members, and provides for emergency orders in cases where irreparable injury would otherwise result.

H.B. 115 Waste Tire Recycling (N. Hendrickson)

This act restricts eligibility for partial reimbursement of recycling costs to recyclers within the state who recycle a minimum number of waste tires generated within the state. The act increases the waste tire recycling fee, modifies the reimbursement amounts recyclers may receive, reduces reimbursements for removing waste tires from an abandoned waste tire pile or landfill waste tire pile, allows the executive secretary of the Solid and Hazardous Waste Control Board to deny reimbursement of costs to remove waste tires from an abandoned waste tire pile or landfill waste tire pile if payment of the removal costs would result in there being insufficient funds to reimburse the costs of recyclers, and prohibits double payments to reimburse recycling costs when waste tires are converted into crumb rubber, which is subsequently used to create an ultimate product.

H.B. 122 Administrative Traffic Checkpoint Amendments (D. Ure)

This act restricts a magistrate's authority to authorize an administrative traffic checkpoint to those whose primary purpose is to check for: driving under the influence of alcohol or drugs; vehicle registration, insurance, and driver licenses; violations of the Wildlife Resources Code; and other specifically distinguishable circumstances not including a general interest in crime control. The act prohibits an enforcement officer from displaying a sign warning of a checkpoint unless it is being operated under authority of a magistrate.

H.B. 162 Motor Fuel Marketing Act (D. Ure)

This act amends the requirements to establish and disclose certain prices and provisions and clarifies what constitutes unlawful sales and what sales are not considered violations. The act transfers civil enforcement authority from the Division of Consumer Protection to the attorney general, repeals the rebuttable presumption and the right of a purchaser to obtain price and cost information, and sets standards for the confidentiality and use of information, and provides a repeal date of July 1, 2006.

H.B. 190 Original Issue License Plate Amendments (R. Lockhart)

This act amends the vehicle model year for vehicles allowed to use original issue license plates from 1968 to 1973.

H.B. 194 State Highway Designation (B. Johnson)

This act designates a section of State Route 118 in Monroe as Ram Boulevard.

H.B. 196 DUI - Probation Amendments (A. L. Tyler)

This act requires a court to order supervised probation for a first conviction of driving under the influence of alcohol with a blood alcohol level of .16 or higher, for a second offense of driving under the influence of alcohol, and for driving with any controlled substance in the person's body.

H.B. 200 Ignition Interlock Amendments (A. L. Tyler)

This act excludes DUI offenders whose offense involves drugs other than alcohol from ignition interlock restrictions. An additional $100 fee to fund impecunious offenders is repealed and ignition interlock providers are required to cover the costs for impecunious offenders. The act clarifies that operating a motor vehicle in violation of ignition interlock restriction is a class B misdemeanor.

H.B. 201 Revisions to Driving Under the Influence (A. L. Tyler)

This act expands when driving under the influence of alcohol or drugs is a felony to include anytime after an automobile homicide conviction or another DUI felony conviction. This act requires the Driver License Division to revoke for one year the license of a person convicted of a DUI within ten years, instead of the previous six years, of a prior violation. This act restricts public access to Driver License Division records to a six-year period.

H.B. 202 511 Communications System (M. Dillree)

This act requires the Department of Transportation to implement the "511" traveler information service in the state, to coordinate it with other highway authorities and public transit districts, and to enter into agreements or contracts to share and offset the costs. The act requires the department to make rules to implement the "511" service.

H.B. 209 Issuance of a Driver License (B. Parker)

This act changes "and" to "or" on the list of requirements for whom the Driver License Division may not license. The act clarifies that it is an infraction to fail to notify the division of a change of address within 10 days of moving.

H.B. 214 Corridor Preservation Funding Distribution (D. Hogue)

This act requires the Transportation Commission to consider the cost-effectiveness of a preservation project in prioritizing Corridor Preservation Revolving Loan Fund monies. This act requires the commission to make rules to include members designated by each metropolitan planning organization in the state to represent local governments on the Corridor Preservation Advisory Council.

H.B. 218 State Highway Access Management (W. Harper)

This act amends the Department of Transportation rulemaking provisions for approach roads and driveways on state highways by requiring that its rules include criteria based on the functional classification of adjacent highways, are consistent with the Manual on Uniform Traffic Control Devices, and include procedures for application, review, and approval of a permit for approach roads and driveways within 45 days of receipt of the application. The act clarifies that a permit is required prior to constructing an approach road or driveway on a state highway.

H.B. 287 Public Transit Tax Amendments (W. Harper)

This act allows the 25% of the 1/4 cent additional public transit tax to be used for all state highways within a county of the first class instead of only I-15 and for debt service and bond issuance costs related to those projects. The act creates the Public Transportation System Tax Highway Fund and allows a county of the first class, by interlocal agreement, to deposit revenue directly into the fund to be used within the county as prioritized by the Transportation Commission. This act provides an immediate effective date.

H.B. 289 Clean Fuel Vehicles - Use of High Occupancy Vehicle Lanes (D. Bush)

This act authorizes clean fuel special group license plates beginning October 1, 2001, for holders of a current clean special fuel certificate. The act authorizes vehicles with clean fuel special group license plates to travel in lanes designated for high occupancy vehicles, regardless of the number of occupants. The act provides a repeal date of July 1, 2004 for this high occupancy vehicle lane privilege. This act takes effect on July 1, 2001.

H.B. 307 Utah Spaceport Authority Act (T. Hatch)

This act designates the Department of Transportation as the state spaceport authority and grants the department power to plan, design, acquire property, construct, operate, administer, regulate, charge fees, and make rules governing spaceports. The act creates a Spaceport Advisory Board within the Department of Transportation to advise the department and the Transportation Commission. This act takes effect on July 1, 2001.

H.B. 353 Driving Under the Influence Amendments (P. Ray)

This act provides that the penalty for a first or second DUI conviction is enhanced from a class B to a class A misdemeanor if the person was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense. The act allows a court to order suspension or revocation of the driver license of a convicted DUI offender for an additional period of up to two years. This act takes effect on July 1, 2001.

H.B. 378 Appropriation for Statewide Trail Development (F. Fife)

This act appropriates $50,000 from the General Fund for fiscal year 2001-02 to the Division of Parks and Recreation to develop and coordinate a program for a statewide trail system.

This act increases the membership of the Traffic Management Committee from seven to up to 13 members, including a second member designated by UDOT, a member designated by a public transit district, and up to four additional members who may be designated by the committee for one-year terms. Term limitation provisions for members are repealed, counties and municipalities are added as recipients of the committee recommendations, and the committee may establish technical advisory committees as needed.

S.B. 17 Highway Construction Bid Limit (P. Knudson)

This act increases the bid limit for construction or improvement projects on state highways from $40,000 to the bid limit amount for class B and C road projects, which is currently $100,000. The Department of Transportation is required to provide an accounting of costs and expenditures of projects completed by its own employees and disclose the information upon request. The department is required to make rules establishing procedures for hearing evidence and administering sanctions for a region within the department that violates the bid limit or accounting requirements.

S.B. 26 Master Road Amendments (P. Knudson)

This act affects seven state highways by realigning, renumbering, transferring, or adding sections of highways on the state highway system. The net increase to the state highway system is 2.8 miles.

S.B. 38 Highway Authority Winter Road Closure Authority (P. Hellewell)

This act repeals the 90 days per calendar year limitation on a highway authority's ability to impose restrictions on the use of highways due to climatic conditions.

S.B. 40 Penalty for Use of Dyed Diesel (D. Eastman)

This act prohibits a person from having dyed diesel fuel in the fuel supply tank of a motor vehicle on a highway unless permitted under federal law or traveling in an agricultural operation from one parcel of land to another. The Tax Commission is required to impose a penalty that is the greater of $500 or $5 per gallon of dyed diesel fuel within each fuel supply tank and double those amounts for second and subsequent offenses.

S.B. 48 Passenger Limitations for Young Drivers (K. Hale)

This act prohibits a person from operating a motor vehicle with any passenger who is not an immediate family member until six months after the person's driver license was issued or until the person reaches 18 years of age. It is an affirmative defense if the person is accompanied by a licensed driver at least 21 years of age occupying a seat next to the driver; is engaged in an agricultural operation, has the written consent of the driver's parent traveling to and from the driver's school, school activity, or religion-sponsored activity; or there is an emergency. The act provides that enforcement is a secondary action when the driver is stopped for another violation. This act takes effect July 1, 2001.

S.B. 49 Aviation Fuel Tax (J. Valentine)

This act provides a $.015 tax refund or credit for aviation fuel tax paid on gallons of aviation fuel purchased by a federally certificated air carrier at the Salt Lake International Airport. The allocation of the tax to the airport is reduced by the same amount. The act provides procedures and Tax Commission rulemaking for filing a claim for a refund and provides for penalties for making a false claim. This act takes effect on July 1, 2001.

S.B. 52 Commercial Drivers License Railroad and Highway Grade Requirements

(D. Steele)

This act amends at grade railroad-highway crossing provisions for drivers of commercial motor vehicles. Railroad-highway violations are added as grounds for disqualifying a commercial driver licence for 60 days for a first violation, 120 days for a second violation within three years, and one year for a third or subsequent violation within three years. An employer who allows a driver whose license has been disqualified for a railroad-highway violation is subject to a civil penalty of up to $10,000.

S.B. 56 Driving Under the Influence Penalty Amendments (K. Hale)

This act expands when driving under the influence of alcohol or drugs is a felony to include anytime after a conviction of automobile homicide or another DUI felony conviction.

S.B. 88 Theft of Rental Motor Vehicle (B. Wright)

This act creates the specific offense of theft of a rental motor vehicle if a person fails to return the vehicle within 72 hours after the date the vehicle is due to be returned.

S.B. 89 State Parks Access Roads Amendments (P. Knudson)

This act extends the state park access highway for Hyrum State Park.

S.B. 96 Commercial Drivers License Medical Waivers (E. Mayne)

This act allows all drivers, not just those applying for an intrastate commercial driver license, to apply for a medical waiver for intrastate commercial driving privileges.

S.B. 108 Licensure of Motor Vehicles (E. Mayne)

This act requires applicants for new vehicle registration to show a valid driver license, unless the vehicle was sold by a vehicle dealer.

S.B. 122 Motor Vehicle Insurance Amendments (M. Waddoups)

This act requires an underinsured motorist insurance carrier to, within five business days after notification that all liability insurers have paid their policy limits, waive any subrogation claim or pay the insured an amount equal to the policy limits paid by the liability carrier. The act provides that a person making an uninsured motorist claim is not subject to limitations for a cause of action for general damages from personal injury.

S.B. 130 R.S. 2477 Amendments (J. Hickman)

This act provides that an agreement between a political subdivision and the federal government that affects an R.S. 2477 right-of-way is void unless, prior to entering into the agreement, the political subdivision gives notice of its intent and a copy of the proposed agreement to each county of the state through which the right-of-way extends. The notified county then has 60 days to give written notice of no objection or of objections to the proposed agreement. If an objection is entered, the political subdivision entering into the agreement must first obtain declaratory relief from a district court. If a county fails to object within 60 days, the county is considered to have no objections. Any agreement may not affect the interest of the state regarding an R.S. 2477 right-of-way unless the state is a party to the agreement. The act does not affect agreements made solely for maintenance or preservation of safe travel.

S.B. 156 Oversize Permit Amendments (J. Hickman)

This act amends the method of measuring combination vehicles for oversize and overweight permits from the overall length of the tractor and trailers to the cargo- carrying length and makes related adjustments to the allowable length.

S.B. 256 Transportation Amendments (P. Knudson)

This act expands the purposes for which the Department of Transportation may acquire rights-of-way from "highway purposes" to "transportation purposes, including public transportation projects. The title to real property acquired for a public transit project shall be transferred to the public transit district and the public transit district shall cover all costs for the condemnation. The act provides that "transportation purpose" includes mitigation from the effects of construction and maintenance on a transportation facility. This act has an immediate effective date.

S.C.R. 3 Resolution Approving Settlement by Utah Department of Transportation

(P. Knudson)

This concurrent resolution of the legislature and the governor approves the legal settlement reached in the amount of $2,208,000, which includes the $208,000 previously paid from the Utah Department of Transportation to Envirotech Corporation, now known as EVT Holdings, Incorporated. This concurrent resolution has an immediate effective date.

F:\USERS\TRA\WPFILES\BNC\SUMMARY\2001billsummaries.wpd