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MINUTES OF THE HOUSE TRANSPORTATION
STANDING COMMITTEE
Room C450, State Capitol, Utah State Capitol Complex
February 12, 2010

MEMBERS PRESENT:        Rep. Bradley M. Daw, Chair
                    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      license plate to the front of the vehicle, or for another offense.]
    
  (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