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STANDING COMMITTEE
Room C450, State Capitol, Utah State Capitol Complex
January 28, 2009
Rep. Julie Fisher, Vice Chair
Rep. Steven D. Clark
Rep. Tim M. Cosgrove
Rep. Janice M. Fisher
Rep. Wayne A. Harper
Rep. Lynn N. Hemingway
Rep. Kory M. Holdaway
Rep. Steven R. Mascaro
Rep. Ronda R. Menlove
Rep. Michael T. Morley
Rep. F. Jay Seegmiller
Rep. C. Brent Wallis
MEMBERS EXCUSED: Rep. Bradley G. Last
STAFF PRESENT: Leif Elder, Policy Analyst
Karen Mitchell, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes .
Chair Daw called the meeting to order at 8:11 a.m.
H.C.R. 1 Concurrent Resolution on Certification of Compressed Natural Gas Vehicles (Rep. J. Draxler)
Rep. Draxler introduced the bill to the committee.
Spoke for the bill: Cheryl Heying, Director, Department of Air Quality
Mat Carlile, Department of Air Quality
Howard H. Johnson, Mayor Lehi City
Brian Bremner, Garfield County
David Lifferth, Eagle Mountain
Rep. Eric Hutchings
Robin Riggs, Salt Lake Chamber of Commerce
MOTION: Rep. Mascaro moved to pass the resolution out favorably. The motion passed unanimously, with Rep. Harper, Rep. Holdaway, and Rep. Morley absent for the vote.
H.B. 24 Traffic Accident Clearance Amendments (Rep. E. Hutchings)
Rep. Hutchings introduced the bill to the committee.
Spoke for the bill: Linda Hull, UDOT
Chris Purcell, State Farm Insurance
Heather Jackson, Mayor Eagle Mountain
Debbie Johnson, DPS
MOTION: Rep. Clark moved to amend the bill as follows:
1. Page 1, Lines 21 through 23 :
21 . increases the property damage limit from $1,000 to
{
$2,000
}
$1,500
for requiring an operator
22 of a vehicle to give notice of an accident to the nearest office of a law enforcement
23 agency;
2. Page 1, Line 26 through Page 2, Line 29 :
26 . authorizes
{
the Department of Transportation or
}
a law enforcement
agency
with jurisdiction
to remove
27 a vehicle, cargo, or other personal property that has been damaged or spilled within
28 the right-of-way of a roadway on the state highway system, is blocking the roadway, or is
29 endangering public safety;
3. Page 2, Lines 30 through 36 :
30 . provides that the Department of Transportation
or a law enforcement
agency
shall not be held responsible for any
31 damages or claims that result from
exercising the authority or
the failure to exercise
the authority to remove a
32 vehicle, cargo, or personal property;
and
33
{
. requires the owner and carrier, if any, of the vehicle, cargo, or
personal property
34 removed or disposed of to reimburse the Department of Transportation or other law
35 enforcement agency for all costs incurred in removing and subsequently disposing
36 of the property; and }
4. Page 2, Lines 56 through 57 :
56 (i) move the vehicle as soon as possible off the roadway or freeway main lines,
57 shoulders, medians, or adjacent areas to
{
a
}
the nearest safe
location on an exit
ramp shoulder, a frontage road,
5. Page 3, Lines 76 through 79 :
76 (3) The operator of a vehicle involved in an accident shall immediately and by the
77 quickest means of communication available give notice or cause to give notice of the accident
78 to the nearest office of a law enforcement agency if the accident resulted in property damage to
79 an apparent extent of [
{
$2,000
}
$1,500
or more.
6. Page 4, Lines 98 through 100 :
98 (1) As a result of a motor vehicle accident,
{
the Department of Transportation
or
}
a law
99 enforcement agency
with jurisdiction
may, without the consent of the owner or
carrier, remove a vehicle, cargo,
100 or other personal property that:
7. Page 4, Lines 105 through 111 :
105 (2) The Department of Transportation or a law enforcement agency shall not be held
106 responsible for any damages or claims that result from
exercising any authority
or
the failure to exercise any authority
107 granted under this section provided they are acting in good faith.
108
{
(3) The owner and carrier, if any, of the vehicle, cargo, or personal
property removed
109 or disposed of in accordance with this section shall reimburse the Department of
110 Transportation or other law enforcement agency for all costs incurred in the removal and
111 subsequent disposition of the vehicle, cargo, or personal property. }
The motion to amend passed unanimously, with Rep. Holdaway absent for the vote.
MOTION: Rep. Clark moved to pass the bill out favorably. The motion passed unanimously, with Rep. Holdaway absent for the vote.
Chair Daw relinquished the Chair to Vice Chair Julie Fisher.
H.B. 73 Vehicle Operator Turn off Requirements (Rep. F. Hunsaker)
Rep. Hunsaker introduced the bill to the committee.
Spoke to the bill: Linda Hull, UDOT
MOTION: Rep. Menlove moved to delete in title and body H.B. 73 and replace it with 1st Substitute H.B. 73. The motion passed unanimously, with Rep. Hemingway, Rep. Holdaway, and Rep. Daw absent for the vote.
MOTION: Rep. Morley moved to amend 1st Sub. H.B. 73 as follows:
8. Page 3, Lines 57 through 61 :
57 (b) An operator of a motor vehicle is exempt from the requirement under Subsection
58 (3)(a) to turn off the roadway and permit the vehicles following behind the operator's vehicle to
59 pass if the operator is operating:
60 (i) a commercial vehicle as defined in Section 72-9-102 ;
{
or
}
61 (ii) any vehicle used in the routine maintenance and operations of a roadway
; or
(iii) a public transit vehicle used for public transportation purposes
.
The motion to amend passed unanimously, with Rep. Daw absent for the vote.
MOTION: Rep. Holdaway moved to pass the bill out favorably. The vote failed with Rep. Clark, Rep. Holdaway, Rep. Mascaro, Rep. Morley, and Rep. Julie Fisher voting in favor. Rep. Daw and Rep. Menlove were absent for the vote.
H.B. 104 Driver License Hearing Amendments (Rep. R. Greenwood)
This bill was not considered .
H.B. 225 Driver License Amendments (Rep. C. Wimmer)
This bill was not considered.
MOTION: Rep. Wallis moved to adjourn the meeting. The motion passed unanimously, with Rep. Daw and Rep. Menlove absent for the vote.
Vice Chair Fisher adjourned the meeting at 9:51 a.m.
_________________________________
Rep. Bradley M. Daw, Chair