H.B. 4* Motorboating and Boating Under the Influence Provisions (L. Pace)

This act combines driving under the influence provisions with boating under the influence provisions, including driver licensing sanctions for boating under the influence violations. The act prohibits a motorboat driver from drinking or having an open container in a motorboat but exempts passengers from those requirements. The administrative impound fee after a DUI (driving under the influence) in a motorboat is increased from $25 to $200, the same as for motor vehicles. The act places vessel navigation and steering laws in statute.

H.B. 16* Blood and Breath Alcohol Testing (P. Ray)

This act amends the method of proving the elements of DUI-related offenses by repealing a requirement that a test must be given within two hours of the alleged driving. The act allows a subsequent test, which shows a violation at the time of the test, to be considered an offense. This change is made in sections relating to driving under the influence, commercial driver licensing, automobile homicide, flying under the influence, and boating under the influence.

H.B. 17* Multiple Driving Under the Influence Offenses (A. L. Tyler)

This act clarifies the types of convictions that are considered prior convictions by a court in a DUI case and in a driver license suspension proceeding. A conviction for driving with drugs, driving with a combination of alcohol and drugs, or any DUI-related offense that has been reduced by a court qualifies as a prior conviction in any subsequent DUI case.

H.B. 18* Court Records of Driving Under the Influence Cases (A. L. Tyler)

This act requires state courts to collect and maintain data on DUI cases to allow sentencing, and enhancement decisions are made in accordance with current DUI and reckless driving laws. The Administrative Office of the Courts is required to report on the data collection to the Judiciary and the Transportation Interim Committees before July 31, 2002.

H.B. 29* Child Restraint Violations (C. Moss)

This act allows a reduction of the fine for a child restraint violation if the person submits proof of acquisition of a child restraint device. The act repeals the provision which allowed for a dismissal of a first violation of a child restraint law by showing acquisition of a child restraint device.

H.B. 30* Master State Highway Amendments (J. Murray)

This act affects seven state highways by realigning, transferring, adding, or deleting sections of highways on the state highway system. The net decrease to the state highway system is 3.35 miles.

H.B. 31* License Plate Requirements (B. King)

This act repeals the requirement to have a county decal as one of the registration decals on vehicle license plates.

H.B. 65 State Park Access Highways Amendments (D. Bowman)

This act makes changes to the designated access roads leading to the Fremont Indian State Park and designates an access road leading to the Iron Mission State Park (Old Iron Town Historic Site).

H.B. 74 Safety Inspections Regarding Window Tinting (D. Bowman)

This act repeals light transmittance requirements on any vehicle window that is behind the driver. Nontransparent material may be used on the top edge of a windshield but may not extend down lower than four inches or to the AS-1 line, whichever is lower.

H.B. 94 Special Fuel Tax Amendments (B. Ferry)

This act exempts a user of special fuel from reporting requirements if the tax has already been paid and if verifying records are kept or if the tax is paid under the International Fuel Tax Agreement. The act allows the State Tax Commission to require an applicant or renewal applicant for a special fuel permit to certify qualification for an exemption and to certify whether the applicant has facilities for bulk storage.

H.B. 110 Motor Vehicle Insurance and Credit Information (P. Wallace)

This act regulates the use of certain credit information in making insurance decisions related to motor vehicle insurance. The act prohibits, with exceptions, insurers that issue motor vehicle-related insurance policies from using certain credit information for determining renewal, nonrenewal, termination, eligibility, underwriting, or rating in relation to motor vehicle insurance policies. The act allows insurers under certain circumstances to consider credit information for initial underwriting and to provide a reduction in rates paid by insureds.

H.B. 118 Special License Plates for Search and Rescue Teams (B. Ferry)

This act allows special group license plates for current members of a search and rescue team and requires an applicant to pay an additional $5 fee for an original set of license plates. The act exempts an applicant for renewal of search and rescue team special group license plates from a $10 annual renewal fee.

H.B. 167 Powersport Vehicle Franchise Act (G. Curtis)

This act defines "powersport vehicle" to include all-terrain type I and type II vehicles, snowmobiles, off-highway motorcycles, and personal watercraft. The act creates the Utah Powersport Advisory Board and outlines the powers and duties of the board to make recommendations on the administration and enforcement of the franchise act and to conduct rulemaking and adjudicative proceedings. The act specifies the duties of a franchiser and a franchisee for selling powersport vehicles and creates restrictions on establishment, relocation, and termination of powersport vehicle franchises.

H.B. 171 Low-speed Electric Vehicles on Certain Highways (D. Bush)

This act defines a low-speed vehicle and considers it a motor vehicle for purposes of the Utah Code subject to all traffic laws, taxes, insurance, registration, driver licensing, etc. This act exempts a low-speed vehicle from emissions inspections and establishes different equipment standards for low-speed vehicles. A low-speed vehicle must have a slow-moving vehicle identification emblem when operated on a highway. This act restricts the use of slow-moving vehicles to highways with a posted speed limit of 35 miles per hour or less and allows a highway authority to impose additional restrictions.

H.B. 172 Vehicle Safety Inspection Amendments (W. Harper)

This act amends the frequency of required vehicle safety inspections from every two years for vehicles less than five years old to every two years for vehicles that are less than eight years old. The act amends the frequency of required emissions inspections to the extent allowed under the federally approved state implementation plan for air quality to require emissions inspections every two years for vehicles that are less than six years old. The act increases the maximum fee for a safety inspection from $9 to $15 for a vehicle, from $5 to $7 for a motorcycle, and from $12 to $20 for a four-wheel drive vehicle. The act increases the fee for the safety inspection certificates from $1.50 to $2 and dedicates $.25 of the increase to the Utah Highway Patrol. The act requires the Utah Highway Patrol to make rules establishing program guidelines for a school district that elects to implement a safety inspection apprenticeship for high school students.

H.B. 187 Driver License Fraud Amendments (K. Holdaway)

This act repeals provisions for making, displaying, or possessing a fictitious driver license certificate, which are currently a class C misdemeanors, and allows these offenses to be prosecuted under general forgery offenses which carry a higher penalty. This act makes the offense of improper use of an identification card parallel to the offense of improper use of a driver license certificate.

H.B. 197 Off-highway Vehicle Amendments (B. Goodfellow)

This act expands the width from 50 to 52 inches in the definition of an all-terrain type I vehicle. Any required headgear must be properly fastened and have a U.S. Department of Transportation safety rating designed for motorized vehicles. The act increases the maximum gross weight of wheeled vehicles allowed on designated snowmobile trails from 700 to 800 pounds. The operator of an all-terrain type I vehicle, with a current off-highway implement of husbandry sticker, is exempt from operating requirements for being under supervision, having a safety certificate, or possessing a driver license. The act increases the reimbursement allowed to volunteer off-highway safety instructors from $3 to $6 for each student who receives the training and takes the tests.

H.B. 198 Manual on Uniform Traffic Control Devices for Streets (K. Holdaway)

This act requires the Department of Transportation to adopt a manual correlating to the most recent edition, instead of the 1988 edition, of the Manual on Uniform Traffic Control Devices for Streets and Highways.

H.B. 210 Recreational Vehicle - Length and Width Amendments (D. Bush)

This act exempts appurtenances from vehicle width and length limitations if the appurtenances are attached to the sides or rear of a noncommercial recreational vehicle and extend no more than six inches.

H.B. 217 Designation of Memorial Highway (D. Ure)

This act designates Route 224 from Kimball Junction to Park City as the Tenth Mountain Division Memorial Highway and requires the Department of Transportation to make the designation on all future state highway maps.

H.B. 218 Over Weight Vehicle Amendments (T. Hatch)

This act exempts from vehicle size, weight, and load limitations, highway construction and maintenance equipment temporarily being operated between a material site and a highway maintenance or construction project if the section of any highway being used is not located within a county of the first or second class and if authorized by the highway authorities over each highway being used. The distance between the sites may not exceed ten miles and the operator must carry written verification of the authorization in the vehicle.

H.B. 224 Giving False Information to Police Officer (K. Morgan)

This act creates the offense of leading a peace officer to believe that a person is someone else by giving the name or identification of another person.

H.B. 233 Mitigation of Damages in Condemnation Proceedings (G. Curtis)

This act requires a court or jury in a property condemnation case to consider a plaintiff's reduction in the amount of property taken or the mitigation of damages to the property after the date of the service of the summons when calculating damages.

H.B. 235 Emergency Vehicle Amendments (P. Ray)

This act requires the operator of a vehicle approaching a stationary emergency vehicle that is displaying flashing red, red and white, or red and blue lights to reduce speed, provide as much space as practical and, if practical, move out of the adjacent lane. An operator of a vehicle that is approaching a stationary tow truck or a highway maintenance vehicle that is displaying flashing amber lights is also required to reduce speed and provide as much space as practical to the stationary vehicle.

H.B. 273 Designation of I-80 (D. Bush)

This act adds the designation the "Purple Heart Trail" to I-80 which currently carries the designation of the Dwight D. Eisenhower Highway. The act requires the Department of Transportation to make the designation on future state highway maps.

H.B. 281 Regulation of Personal Motorized Mobility Devices (G. Curtis)

This act defines a personal motorized mobility device and subjects it to the same provisions as a bicycle, moped, or motor-driven cycle, except for driver licensing requirements, entitlement to full use of a lane, seating position, lights, horn, and mirror requirements. A person under age 16 must be under direct supervision of the person's parent or guardian when operating a personal motorized mobility device. A personal motorized mobility device may not be operated on a highway of four or more lanes or on a highway posted greater than 35 miles per hour. The Commissioner of Public Safety must make rules that establish approved headgear for a personal motorized mobility device. A personal motorized mobility device is exempt from insurance requirements.

H.B. 296 2002 Special Highway General Obligation Bonds (W. Harper)

This act authorizes issuance of Utah general obligation bonds and bond anticipation notes by the State Bonding Commission to accelerate funding and construction of certain highways and related facilities in Salt Lake County. The act defines the process and requirements for issuing the bonds and notes and specifies the use of the proceeds. The act imposes a statewide property tax and abates it, creates a sinking fund to pay debt service on the bonds, and exempts bonds issued from statutory debt limitation requirements.

H.B. 303 Expungement of Driving Under the Influence Convictions (A. L. Tyler)

This act extends from six to ten years the period of time that a conviction for an alcohol or drug-related driving offense is not eligible for expungement.

H.B. 310 Mobility Assistance Fund (E. Hutchings)

This act allows an applicant for renewal of a driver license to make a voluntary $1 contribution for public transportation assistance for seniors or people with disabilities. This act creates the Out and About Homebound Transportation Assistance Fund and requires the Division of Aging Services in the Department of Human Services to administer the account and select and distribute monies to qualified organizations for the purpose of providing public transportation to aging persons, high risk adults, or people with disabilities.

H.B. 337 Veterans Service Organizations Special License Plates (S. Mascaro)

This act allows American Legion Veterans to obtain special group license plates for one-time contributors to the Office of Veterans' Affairs.

H.B. 342 Recovery of Administrative Fee for Damages Sustained to a Rental Motor Vehicle (G. Curtis) VETOED

This act allows the collection of an administrative fee that vehicle rental companies may charge to offset the expenses incurred for collecting and resolving a damage claim on a rental vehicle. The act adds the administrative fee and any diminution in value to the definition of damage to a rental vehicle. The administrative fees are set at $50 for estimated damage to the rental vehicle of $250 or less and up to $250 for estimated damage exceeding $2,501.

S.B. 2 Funding for Highways (J. Hickman)

This act modifies the Bonding Code by authorizing the issuance and sale of general obligation bonds and bond anticipation notes by the State Bonding Commission for certain highways and related facilities. The act specifies the use of the bond proceeds and the manner of issuance. The act also imposes and abates a property tax and creates a sinking fund.

S.B. 6 Application for Vehicle Title Amendments (D. Eastman)

This act changes "each person" to "a person" recorded as an owner on a vehicle certificate of title who must sign an application for a certificate of title.

S.B. 9* Amendments to Driving Under the Influence (C. Walker)

This act increases the required compensatory-service hours for first time DUI offenders from 24 to 48 hours. The act also requires supervised probation whenever probation is ordered for a felony DUI offender.

S.B. 13* Alcoholic Beverage Service - Warning Required (C. Walker)

This act changes the contents of warnings required to be posted by licensees and others governed by the Alcoholic Beverage Control Act to read "Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah."

S.B. 15* Organ Donation Checkoff (K. Hale)

This act allows a voluntary $1 contribution to promote and support organ donation from an applicant for renewal of a motor vehicle registration or driver license. This act creates the Organ Donation Contribution Account and allows the Department of Health to administer the account. The Department of Health selects and distributes monies to qualified organizations for the purposes of promoting organ donation, maintaining a statewide organ donor registry, and providing donor awareness education.

S.B. 21* Motor Vehicle Registration Amendments (D. Steele)

This act allows a court to require proof of proper motor vehicle registration as part of any sentence for a charge of improper motor vehicle registration.

S.B. 39 Highway Designation (P. Knudson)

This act designates a section of Route 89 from the Box Elder/Weber county line to Brigham City as the Utah Fruitway and requires the Department of Transportation to make the designation on future state highway maps.

S.B. 52 Left Lane Restriction Amendments (D. Eastman)

This act specifies that current left lane restrictions, related to a vehicle over 12,001 pounds and to a vehicle pulling a trailer or semitrailer, apply only on highways that are part of the interstate system. The act clarifies language in left lane restriction statutes.

S.B. 98 Outdoor Advertising Amendments (M. Waddoups)

This act repeals a requirement that an outdoor advertising sign may be closer than 500 feet from the beginning of pavement widening of an interchange if the sign is at least 500 feet but not more than 2,640 feet from an intersecting highway. The act allows any outdoor advertising sign that is obstructed by an aesthetic improvement made by an agency of the State or obstructed by a directional signal or other improvements to be adjusted for height to make it clearly visible from the main-travel way of the highway or to be relocated within 500 feet of its prior location in a commercial or industrial zone subject to existing sign spacing requirements.

S.B. 120 Motor Vehicle Insurance Coverage - Arbitration Requirements (M. Waddoups)

This act allows related parties in the same household to resolve an insurance claim by submitting to binding arbitration. The act provides for the selection and payment of arbitrators and provides procedures for making an award. Prior to an award, the existence but not the amount of applicable liability insurance may be disclosed and the amount of the award, if over the liability policy limits, must be adjusted to the policy limits.

S.B. 145 Outdoor Advertising Sign Proximity to Utility Lines (T. Spencer)

Amends the Outdoor Advertising provisions by requiring counties and municipalities to accommodate a move of an outdoor advertising structure that is being relocated to meet the distance requirements from high voltage overhead lines.

S.B. 160 Aeronautics Construction Revolving Loan Fund (J. Hickman)

This act creates the Aeronautics Construction Revolving Loan Fund within the Transportation Fund for construction, major reconstruction, major renovation, or property acquisition of airports and airport runways for state, county, and municipal airports. The act provides for application, approval, and repayment of loan funds and provides for rulemaking by the Transportation Commission.

S.B. 173 Motor Vehicle Registration for Fleets (D. Eastman)

This act allows safety inspections for motor vehicles that are part of a vehicle fleet of 101 vehicles or more to have the safety inspection within 11 months of vehicle registration renewal instead of within 2 months.

clarifies provisions for reporting a person who has an impairment that may effect driving ability. Provides that a report of an impaired driver that is filed with the Driver License Division is a protected record. A health care professional who submits a false or inaccurate report for an improper purpose is guilty of unprofessional conduct and is subject to license penalties. A person other than a health care professional who submits a false or inaccurate report for an improper purpose is guilty of a class B misdemeanor.

S.B. 16* Traffic Offense Adjudication (P. Knudson) DID NOT PASS

This act allows counties and municipalities served by justice courts to impose a civil penalty for minor traffic offenses and to provide administrative traffic proceedings to adjudicate these cases. This act allows justice court judges or administrative law judges to conduct administrative traffic proceedings. This act specifies that a defendant in an administrative traffic proceeding shall have the right to present and refute evidence, confront the defendant's accuser, cross examine witnesses, and have an attorney present. This act requires a municipality or county that uses an administrative law judge to adjudicate administrative traffic proceedings to establish a complaint and disciplinary process.

Prepared by the Office of Legislative Research and General Counsel (March 2002)

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