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MINUTES OF THE HOUSE TRANSPORTATION
STANDING COMMITTEE
Room C450, State Capitol, Utah State Capitol Complex
February 15, 2008
Rep. Bradley M. Daw, Vice-Chair
Rep. Steven D. Clark
Rep. Ben C. Ferry
Rep. Julie Fisher
Rep. Lynn N. Hemingway
Rep. Christopher N. Herrod
Rep. Ronda R. Menlove
Rep. Karen W. Morgan
Rep. Paul Neuenschwander
MEMBERS ABSENT: Rep. Tim M. Cosgrove
Rep. Kory M. Holdaway
Rep. Brad King
Rep. Gordon E. Snow
Rep. Mark W. Walker
STAFF PRESENT: Leif Elder, Policy Analyst
Linda Error, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes .
Chair Kiser called the meeting to order at 3:25 p.m.
MOTION: Rep. Neuenschwander moved to approve the minutes of the February 13, 2008 meeting. The motion passed unanimously, with Rep. Fisher, Rep. Herrod, and Rep. Menlove absent for the vote.
S.B. 15 Driving Under the Influence Amendments (Sen. C. Walker)
Sen. Walker introduced the bill to the committee with the assistance of Paul Boyden, Statewide Association of Prosecutors.
MOTION: Rep. Ferry moved to amend the bill as follows:
1. Page 2, Line 53 :
53 53-3-223, as last amended by Laws of Utah 2007, Chapter 261
2. Page 3, Lines 70 through 71 :
70 (b) "Drug" or "drugs" means
(i) a controlled substance as defined in Section 58-37-2;
(ii) a drug as defined in Section 58-17b-102; or
(iii)
71 impair the ability of a person to safely operate a motor vehicle.
3. Page 5, Line 133 :
133 Section 41-6a-502 committed on or after July 1, 2008
4. Page 5, Lines 139 through 140 :
139 (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
140 probation under Subsection (1)(a), the court shall enter the conviction at the time of
5. Page 21, Line 623 :
623 hearing on the matter which, if held, is governed by Section 53-3-224 .
76-5-207 . Automobile homicide.
(1) As used in this section
(a) "Drug" or "drugs" means:
(i) a controlled substance as defined in Section 58-37-2;
(ii) a drug as defined in Section 58-17b-102; or
(iii) any substance that, when taken into the human body, can impair the ability of a person to safely operate a motor vehicle.
(b) "Motor
(2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the person incapable of safely operating a vehicle;
or
(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time
of operation.
(b) A conviction for a violation of this Subsection (2) is a second degree felony if it
is subsequent to a conviction as defined in Subsection
41-6a-501
(2).
(c) As used in this Subsection (2), "negligent" means simple negligence, the failure
to exercise that degree of care that reasonable and prudent persons exercise under like or
similar circumstances.
(3) (a) Criminal homicide is automobile homicide, a second degree felony, if the
person operates a motor vehicle in a criminally negligent manner causing the death of
another and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the
person has a blood or breath alcohol concentration of .08 grams or greater at the time of
the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the person incapable of safely operating a vehicle;
or
(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time
of operation.
(b) As used in this Subsection (3), "criminally negligent" means criminal negligence
as defined by Subsection
76-2-103
(4).
(4) The standards for chemical breath analysis as provided by Section
41-6a-515
and
the provisions for the admissibility of chemical test results as provided by Section
41-6a-516
apply to determination and proof of blood alcohol content under this section.
(5) Calculations of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection
41-6a-502
(1).
(6) The fact that a person charged with violating this section is or has been legally
entitled to use alcohol or a drug is not a defense.
(7) Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by Rules of Evidence or the constitution.
Renumber remaining sections accordingly.
The motion to amend passed unanimously, with Rep. Menlove absent for the vote.
MOTION: Rep. Fisher moved to amend the previous amendment as follows:
1. Page 3, Line 70 (iii) after taken insert knowingly, intentionally or recklessly
2. Page 21, Line 623 (iii) after taken insert knowingly, intentionally or recklessly
The motion to amend passed, with Rep. Herrod voting in opposition.
Spoke for the bill: Anna Kay Waddoups, Chair, DUI Subcommittee
Sen. Michael Waddoups, Utah State Senator
MOTION: Rep. Daw moved to pass the bill out favorably. The motion passed unanimously.
S.B. 148 Enforcement of Front License Plate Display Requirement Amendments (Sen. S. Killpack)
Sen. Killpack introduced the bill to the committee.
Spoke for the bill: Charles Burnside, citizen
MOTION: Rep. Fisher moved to pass the bill out favorably.
SUBSTITUTE
MOTION: Rep. Morgan moved to proceed to the next item on the agenda. The motion failed, with Rep. Morgan voting in favor.
The original motion to pass the bill out favorably passed, with Rep. Morgan voting in opposition.
H.B. 228 Amendments to Motor Vehicle Provisions (Rep. C. Herrod)
Rep. Herrod introduced the bill to the committee.
MOTION: Rep. Herrod moved to delete in title and body H.B. 228 and replace it with 1st Substitute H.B. 228. The motion passed unanimously.
MOTION: Rep. Ferry moved to amend the bill as follows:
1. Page 1, Delete Lines: 16-17 and 20-23
2. Page 2, Delete Lines: 49-50
3. Page 3 & 4, Delete Lines: 80- 93
SUBSTITUTE
MOTION: Rep. Daw moved to adjourn the meeting. The motion passed unaniously.
Chair Kiser adjourned the meeting at 4:47 p.m.
_________________________________
Rep. Todd E. Kiser