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STANDING COMMITTEE
Room C450, State Capitol, Utah State Capitol Complex
February 12, 2010
Rep. Julie Fisher, Vice Chair
Rep. Johnny Anderson
Rep. Steven D. Clark
Rep. Tim M. Cosgrove
Rep. Janice M. Fisher
Rep. Lynn N. Hemingway
Rep. Bradley G. Last
Rep. Steven R. Mascaro
Rep. Ronda R. Menlove
Rep. Michael T. Morley
Rep. F. Jay Seegmiller
Rep. C. Brent Wallis
MEMBERS EXCUSED: Rep. Wayne A. Harper
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 .
Rep. Daw called the meeting to order at 2:04 p.m.
MOTION: Rep Hemingway moved to approve the minutes of February 8, 2010. The motion passed unanimously, with Rep. Clark, Rep. Cosgrove, Rep. Last, Rep. Morley, and Rep. Wallis absent for the vote.
H.B. 91 Traffic Control Signs for Bicycles (Rep. C. Moss)
Rep. Moss introduced the bill to the committee.
MOTION: Rep. Hemingway moved to amend the bill as follows:
1. Page 1, Lines 19 through 23 :
19
{
. provides that once a person operating a bicycle approaching a steady red
20 traffic-control signal has stopped and yielded to all other traffic, the person may
21 cautiously:
22 . proceed straight through the steady red signal; or
23 . turn left onto a highway that is a highway with one lane in each direction; and }
. A person operating a bicycle approaching a steady red may cautiously proceed through the intersection if:
. the operator has come to a complete stop;
. the traffic-control signal is programmed or engineered to change to a green signal only after detecting the approach of a motor vehicle and has failed to detect the arrival of the bicycle; and
. no motor vehicle or pedestrian is approaching on the roadway to be crossed or entered or is at a distance from the intersection that constitutes an immediate hazard; and
. provides that the belief that a traffic control signal was programmed or engineered to change to a green light only after detecting the approach of a vehicle when the signal was not programmed or engineered to change to a green light only after detecting the approach of a vehicle is not a defense to a violation of certain traffic laws.
2. Page 3, Lines 74 through 83 :
74
{
(6) (a)(i) Except as provided in Subsection (6)(b), a person operating a bicycle
75 approaching a steady red traffic-control signal shall stop before entering the intersection and
76 shall yield to all other traffic.
77 (ii) Once the person has stopped and yielded to all other traffic as required by
78 Subsection (6)(a)(i), the person may cautiously:
79 (A) proceed straight through the steady red signal; or
80 (B) turn left onto a highway that is a highway with one lane in each direction. }
(6) (a) A person operating a bicycle approaching a steady red may cautiously proceed through the intersection if:
(i) the operator has come to a complete stop;
(ii) the traffic-control signal:
(A) is programmed or engineered to change to a green signal only after detecting the approach of a motor vehicle; and
(B) has failed to detect the arrival of the bicycle; and
(iii) no motor vehicle or pedestrian is:
(A) approaching on the roadway to be crossed or entered; or
(B) at a distance from the intersection that constitutes an immediate hazard.
(b) The belief that a traffic control signal was programmed or engineered to change to a green light only after detecting the approach of a vehicle when the signal was not programmed or engineered to change to a green light only after detecting the approach of a vehicle is not a defense to a violation of Section 41-6a-305.
81
{
(b)
}
(c)
After slowing to a reasonable speed and yielding the right-of-way
if required, a
82 person operating a bicycle approaching a steady red traffic-control signal may cautiously make
83 a right-hand turn without stopping.
The motion to amend passed unanimously, with Rep. Cosgrove, Rep. Last, Rep. Morley, and Rep. Wallis absent for the vote.
Spoke for the bill: Dan Fazzini, Utah Bicycle Coalition Board Member
Spoke to the bill: Rolayne Fairclough, AAA Utah
MOTION: Rep. Janice Fisher moved to pass the bill out favorably as amended.
The motion passed with Rep. Mascaro voting in opposition. Rep. Cosgrove and Rep. Last were absent for the vote.
Chair Daw relinquished the chair to Vice Chair Julie Fisher.
H.B. 174 License Plates Amendments (Rep. P. Ray)
Rep. Ray introduced the bill to the committee.
MOTION: Rep. Morley moved to amend the bill as follows:
1. Page 1, Line 16 :
16 in the vehicle;
. provides that the requirement to attach a license plate to the front of a
vehicle shall only be enforced as a moving traffic violation;
2. Page 2, Line 58 through Page 3, Line 65 :
58
(4) The requirement under Subsection (1) to attach a license plate to the front
of a vehicle shall only be enforced as a moving traffic violation.
59
{
(4)
}
(5)
(a) Either a tail light or a separate light shall be constructed and
placed to illuminate
60 with a white light the rear license plate and render it legible from a distance of 50 feet to the
61 rear.
62 (b) A light described in Subsection
{
(4)
}
(5)
(a) illuminating a rear license
plate shall be
63 wired to be lighted whenever the headlights or auxiliary driving lights are lighted.
64
{
(5)
}
(6)
(a) Except as provided in Subsections
{
(5)
}
(6)
(b) and
(c), a violation of this section is a
65 class C misdemeanor.
3. Page 3, Lines 74 through 81 :
74 (c) (i) A violation of the requirement under Subsection
{
(4)
}
(5)
to
illuminate the rear license
75 plate on a vehicle is an infraction.
76 (ii) A court shall waive the fine for a violation of the requirement under Subsection
{
(4)
}
(5)
77 to illuminate the rear license plate on a vehicle if:
78 (A) the person demonstrates that the person has complied with the requirements of
79 Subsection
{
(4)
}
(5)
subsequent to the violation but before sentencing; and
80 (B) the person has not previously been cited for a violation of the requirement under
81 Subsection
{
(4)
}
(5)
to illuminate the rear license plate on a vehicle.
The motion to amend passed unanimously, with Rep. Cosgrove, Rep. Last, and Rep. Daw absent for the vote.
Spoke for the bill: Mike Kuehn, Utah Highway Patrol
Frank Budd, Executive Director Utah Chiefs of Police Assn.
MOTION: Rep. Mascaro moved to pass the bill out favorably as amended.
The motion passed with Rep. Morley and Rep. Wallis voting in opposition. Rep. Cosgrove and Rep. Menlove were absent for the vote.
Chair Daw resumed the chair.
1st Sub. S.B. 114 Motor Vehicle Accident Reports (Sen. D. Stowell) (Rep. R. Lockhart)
Sen. Stowell introduced the bill to the committee.
MOTION: Rep. Clark moved to pass the bill out favorably.
The motion passed unanimously, with Rep. Cosgrove and Rep. Menlove absent for the vote.
S.B. 117 Pete Suazo Memorial Highway (Sen. L. Robles) (Rep. J. Seelig)
Sen. Robles introduced the bill to the committee. (handout)
MOTION: Rep. Seegmiller moved to pass the bill out favorably.
The motion passed unanimously, with Rep. Janice Fisher absent for the vote.
H.B. 132 Pioneer Trail Memorial Highway (Rep. R. Menlove)
Rep. Menlove introduced the bill to the committee. (handouts)
Spoke for the bill: Gerald Haycock, Sons of the Utah Pioneers
MOTION: Rep. Mascaro moved to pass the bill out favorably.
The motion passed unanimously with Rep. Seegmiller absent for the vote.
MOTION: Rep. Cosgrove moved to place H.B. 132 on the Consent Calendar.
The motion passed unanimously with Rep. Seegmiller absent for the vote.
H.B. 175 Amendments to Light Requirements on Motor Vehicles (Rep. K. Powell)
This bill was not considered.
MOTION: Rep. Morley moved to adjourn the meeting. The motion passed unanimously with Rep. Seegmiller absent for the vote.
Chair Daw adjourned the meeting at 3:02 p.m.
_________________________________
Rep. Bradley M. Daw, Chair