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MINUTES OF THE
HOUSE TRANSPORTATION STANDING COMMITTEE
ROOM W135, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX

February 20, 2006

MEMBERS PRESENT:        Rep. Joseph G. Murray, Chair
                    Rep. J. Stuart Adams, Vice-Chair                                
                    Rep. David Clark
                    Rep. Tim M. Cosgrove
                    Rep. Bradley M. Daw
                    Rep. Brad Dee
                    Rep. John Dougall
                    Rep. Jim Dunnigan
                    Rep. Julie Fisher
                    Rep. Kerry W. Gibson                    
                    Rep. Brad King                    
                    Rep. Karen W. Morgan
                    Rep. Peggy Wallace
                    Rep. Larry B. Wiley
                    
MEMBERS EXCUSED:        Rep. Jeff Alexander     
                    
STAFF PRESENT:            Mark Steinagel, Policy Analyst
                    Jennifer Eyring, House Secretary

Note: A list of visitors and a copy of handouts are filed with the committee minutes.


Chair Murray called the meeting to order at 7:47 a.m.

H.B. 404    Support Our Troops Special Group License Plate (Rep. D. G. Buxton)

Rep. Buxton explained the bill.

MOTION:    Rep. Wiley moved to pass the bill out favorably.

SUBSTITUTE
MOTION:    Rep. Dougall moved to move to the next item on the agenda. The motion failed with Rep. Daw, Rep. Dougall, Rep. Dunnigan, Rep. Gibson and Rep. King voting for the motion. Rep. Clark, Rep. Cosgrove and Rep. Morgan were absent for the vote.

The vote was taken on the previous motion to pass H.B.404 out favorably. The motion passed with Rep. Daw, Rep. Dougall and Rep. Dunnigan voting against the motion. Rep. Clark, Rep. Cosgrove and Rep. Morgan were absent for the vote.



H.B. 166    Special License Plate for Utah Shakespearean Festival (Rep. D. Bowman)

Rep. Bowman explained the bill.

MOTION:    Rep. Adams moved to send the bill to the Rules Committee for prioritization. The motion passed with Rep. Dee, Rep. King, Rep. Wiley and Rep. Murray voting against the motion. Rep. Cosgrove and Rep. Morgan were absent for the vote.

H.B. 344    Native American Special Group License Plates (Rep. S. Wyatt)

Rep. Wyatt explained the bill.

MOTION:    Rep. Dunnigan moved to send the bill to the Rules Committee for prioritization.

SUBSTITUTE
MOTION:    Rep. Dee moved to move on to the next item on the agenda. The motion passed with Rep. Fisher, Rep. King, Rep. Morgan, Rep. Wallace, Rep. Wiley and Rep. Murray voting against the motion. Rep. Cosgrove was absent for the vote.

H.B. 372    Expenditure of Local Option Transportation Tax Revenue (Rep. B. Ferry)

Rep. Ferry explained the bill assisted by James Evans, Salt Lake City Resident.

MOTION:    Rep. Adams moved to amend the bill as follows:


1.    Page 1, Lines 14 through 18 :    

             14          .    provides that beginning on July 1, 2006, and ending on June 30, 2007, a county of
             15      the first class may expend a certain amount of the 1/4% of the 1/4% public transit
             16      tax revenue dedicated for highway use to reconfigure railroad curves to decrease rail
             17      congestion;
    
  .     provides that an expenditure of the revenues described above to reconfigure railroad curves to decrease rail congestion shall be called an Evans Allocation;       and

             18          .    makes technical changes.

2.    Page 3, Lines 66 through 69 :    

             66          (b)
  (i)       Notwithstanding the designated use of revenues in Subsection (1),

beginning on


             67      July 1, 2006, and ending on July 1, 2007, a county of the first class may expend an amount not
             68      to exceed $3,500,000 of the revenues described in Subsection (5)(a)(ii) for expenses relating to
             69      reconfiguring railroad curves within that county to reduce rail congestion.
    
  (ii) An expenditure described in Subsection (5)(b)(i) shall be called an Evans Allocation.           


SUBSTITUTE
MOTION:    Rep. Dougall made a motion to adopt the amendment and pass the bill out favorably.

Spoke for the bill:    Michael Clara, Poplar Grove Community Council
        Edie Trimmer, Poplar Grove Resident

Rep. Daw requested that the motion be divided.

The motion to amend the bill passed with Rep. Dougall and Rep. King voting against the motion.

The motion to pass H.B. 372 out favorably was passed unanimously.

S.B. 80    Public-private Partnerships for Tollway Facilities (Sen. S. Killpack) (Rep. J. Dougall)

Sen. Killpack explained the bill assisted by Carlos Braceras, Deputy Director, Utah Department of Transportation.

Spoke against the bill:    David Creer, Executive Director, Utah Trucking Association

MOTION:    Rep. Dougall moved to pass the bill out favorably. The motion passed with Rep. Dunnigan, Rep. King and Rep. Wallace voting against the motion.

MOTION:    Rep. King moved to approve the minutes of the February 14, 2006 and February 16, 2006 meetings. The motion passed unanimously.


H.B. 366    Traffic Code Amendments (Rep. P. Ray)

Rep. Ray explained the bill assisted by Carlos Braceras, Deputy Director, Utah Department of Transportation.


MOTION:    Rep. Dougall moved to amend the bill as follows:


1.    Page 1, Lines 9 through 10 :    

             9          This bill modifies the Motor Vehicles Code by amending provisions relating to
{   school

             10      speed zones and  
}
speed limits on state highways.

2.    Page 1, Lines 13 through 15 :    

             13     
{       .    provides that Utah Department of Transportation rules governing school speed

             14      zones must provide for the extension of a reduced speed school zone if requested by
             15      a local highway authority;  
}


3.    Page 1, Line 25 :    

             25          
{   41-6a-303, as renumbered and amended by Chapter 2, Laws of Utah 2005   }


4.    Page 2, Line 29 through Page 3, Line 75 :    

             29     
{       Section 1. Section 41-6a-303 is amended to read:

             30          41-6a-303. Definition of reduced speed school zone -- Operation of warning lights
             31      -- School crossing guard requirements -- Responsibility provisions -- Rulemaking
             32      authority.
             33          (1) As used in this section "reduced speed school zone" means a designated length of a
             34      highway extending from a school zone speed limit sign with warning lights operating to an end
             35      school zone sign.
             36          (2) The Department of Transportation for state highways and local highway authorities
             37      for highways under their jurisdiction:
             38          (a) shall establish reduced speed school zones at elementary schools after written
             39      assurance by a local highway authority that the local highway authority complies with


             40      Subsections (3) and (4); and
             41          (b) may establish reduced speed school zones for secondary schools at the request of
             42      the local highway authority.
             43          (3) For all reduced speed school zones on highways, including state highways within
             44      the jurisdictional boundaries of a local highway authority, the local highway authority shall:
             45          (a) (i) provide shuttle service across highways for school children; or
             46          (ii) provide, train, and supervise school crossing guards in accordance with this
             47      section;
             48          (b) provide for the:
             49          (i) operation of reduced speed school zones, including providing power to warning
             50      lights and turning on and off the warning lights as required under Subsections (4) and (5); and
             51          (ii) maintenance of reduced speed school zones except on state highways as provided
             52      in Section 41-6a-302 ; and
             53          (c) notify the Department of Transportation of reduced speed school zones on state
             54      highways that are in need of maintenance.
             55          (4) While children are going to or leaving school during opening and closing hours all
             56      reduced speed school zones shall have:
             57          (a) the warning lights operating on each school zone speed limit sign; and
             58          (b) a school crossing guard present if the reduced speed school zone is for an
             59      elementary school.
             60          (5) The warning lights on a school zone speed limit sign may not be operating except
             61      as provided under Subsection (4).
             62          (6) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
             63      the Department of Transportation shall make rules establishing criteria and specifications for


             64      the:
             65          [(a)] (i) establishment, location, and operation of school crosswalks, school zones, and
             66      reduced speed school zones;
             67          [(b)] (ii) training, use, and supervision of school crossing guards at elementary schools
             68      and secondary schools; and
             69          [(c)] (iii) content and implementation of child access routing plans under Section
             70      53A-3-402 .
             71          (b) Rules established under Subsection (6)(a) shall provide for the extension of an
             72      existing reduced speed school zone if requested by a local highway authority.
             73          (7) Each local highway authority shall pay for providing, training, and supervising
             74      school crossing guards in accordance with this section.  
}

             75          Section
{   2   }        1       . Section 41-6a-602 is amended to read:


SUBSTITUTE
MOTION:    Rep. Dougall moved to adopt the amendment and pass the bill out favorably. The motion passed unanimously with Rep. King absent for the vote.

MOTION:    Rep. Dunnigan moved to place the bill on the Consent Calendar. The motion passed unanimously with Rep. King absent for the vote.

H.B. 384    Construction of Limited Access Highway Amendments (Rep. D. Hogue)

Rep. Hogue explained the bill.


MOTION:    Rep. Dunnigan moved to amend the bill by deleting the word "southern" on line 37 and inserting in its place the word "northern", and by deleting the word "northern" on line 38 and inserting in its place the word "southern".

SUBSTITUTE
MOTION:    Rep. Wallace moved to move to the next item on the agenda. The motion passed with Rep. Clark and Rep. Morgan voting against the motion. Rep. King was absent for the vote.


H.B. 457    Amendments to Transportation Provisions (Rep. J. Dougall)

Rep. Dougall explained the bill assisted by Linda Hull, Director, Legislative Affairs, Utah Department of Transportation.

MOTION:    Rep. Dougall moved to amend the bill as follows:

1.    Page 1, Line 15 :    

             15          .    provides that the amount of a toll violation surcharge is
{   100% of the toll imposed   }        $100       ;


2.    Page 1, Line 23 :    

             23          This bill takes effect July 1, 2006.
    
  This bill coordinates with S.B. 80 by changing terminology.      


3.    Page 2, Lines 39 through 40 :    

             39          (2) The toll violation surcharge is
{   100% of the amount of the toll imposed on a tollway

             40      under Section 72-6-118  
}
  $100       upon conviction of a violation of Section 41-6a-716 .


4.    Page 3, Line 60 :    

             60          This bill takes effect July 1, 2006.
    
  Section 4. Coordinating H.B. 457 with S.B. 80 -- Changing terminology.

    If this H.B. 457 and S.B. 80, Public-Private Partnerships for Tollway Facilities, both pass, it is the intent of the Legislature that the Office of Legislative Research and General Counsel, in preparing the Utah Code database for publication, change the language in Subsection 63-63d-102(7) from "Tollway Restricted Account" to "Tollway Restricted Special Revenue Fund".  



SUBSTITUTE
MOTION:    Rep. Adams moved to adopt the amendment and pass the bill out favorably. The motion failed with Rep. Clark, Rep. Dee, Rep. Dougall, Rep. Gibson and Rep. Adams voting in favor of the motion. Rep. King was absent for the vote.



SUBSTITUTE
MOTION:    Rep. Dunnigan moved to amend the bill as follows and to pass the bill out favorably:




1.    Page 1, Line 15 :    

             15          .    provides that the amount of a toll violation surcharge is
{   100% of the toll imposed   }        $25       ;


2.    Page 1, Line 23 :    

             23          This bill takes effect July 1, 2006.
    
  This bill coordinates with S.B. 80 by changing terminology.      


3.    Page 2, Lines 39 through 40 :    

             39          (2) The toll violation surcharge is
{   100% of the amount of the toll imposed on a tollway

             40      under Section 72-6-118  
}
  $25       upon conviction of a violation of Section 41-6a-716 .


4.    Page 3, Line 60 :    

             60          This bill takes effect July 1, 2006.
    
  Section 4. Coordinating H.B. 457 with S.B. 80 -- Changing terminology.

    If this H.B. 457 and S.B. 80, Public-Private Partnerships for Tollway Facilities, both pass, it is the intent of the Legislature that the Office of Legislative Research and General Counsel, in preparing the Utah Code database for publication, change the language in Subsection 63-63d-102(7) from "Tollway Restricted Account" to "Tollway Restricted Special Revenue Fund".  




MOTION:    Rep. Daw moved to call the question. The motion passed unanimously with Rep. King absent for the vote.

Rep. Dunnigan's motion to amend the bill and pass it out favorably was voted on. The motion passed unanimously with Rep. King absent for the vote.


MOTION:    Rep. Dee moved to adjourn the meeting. The motion passed unanimously with Rep. King absent for the vote.

Chair Murray adjourned the meeting at 9:31 a.m.














                        
                        ___________________________
                        Representative Joseph G. Murray
                        Committee Chair