Amendments for SB24-036
Senate Journal, February 6
After consideration on the merits, the Committee recommends that SB24-036 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 4, line 9, strike "THE NATIONAL BUREAU OF
ECONOMIC".
Page 4, strike lines 10 through 13 and substitute "IN ADDITION, THE INSURANCE
INSTITUTE FOR HIGHWAY SAFETY AND THE HIGHWAY LOSS DATA INSTITUTE
HAVE FOUND THAT MOTOR VEHICLES WITH HOOD HEIGHTS OF MORE THAN
FORTY INCHES ARE ABOUT FORTY-FIVE PERCENT MORE LIKELY TO CAUSE
FATALITIES IN COLLISIONS WITH PEDESTRIANS THAN MOTOR VEHICLES WITH
HOOD HEIGHTS OF THIRTY INCHES OR LESS, IN PART BECAUSE THEY CAUSE MORE
HEAD AND TORSO INJURIES, AND AN ANALYSIS BY CONSUMER REPORTS FOUND
THAT THE AVERAGE HOOD HEIGHT OF PASSENGER TRUCKS HAS INCREASED BY
ELEVEN PERCENT SINCE 2000 AND THE WEIGHT OF NEW TRUCKS INCREASED BY
TWENTY-FOUR PERCENT BETWEEN 2000 AND 2018.
(e) THE FEDERAL HIGHWAY ADMINISTRATION SUPPORTS THE VISION OF
HAVING ZERO TRAFFIC FATALITIES AND PROVIDES A LIST OF PROVEN SAFETY
COUNTERMEASURES THAT WERE SELECTED BASED ON PROVEN RESEARCH THAT
DEMONSTRATES THEIR EFFECTIVENESS. THESE STRATEGIES ARE DESIGNED TO
IMPROVE SAFETY FOR ALL ROAD USERS, NOT ONLY VULNERABLE ROAD USERS,
AND THE FEDERAL HIGHWAY ADMINISTRATION STRONGLY ENCOURAGES
TRANSPORTATION AGENCIES TO CONSIDER WIDESPREAD IMPLEMENTATION OF
THESE MEASURES TO ACCELERATE THE ACHIEVEMENT OF LOCAL, STATE, AND
NATIONAL SAFETY GOALS.".
Reletter succeeding paragraph accordingly.
Page 4, line 20, strike "THE" and substitute "BOTH THE BENEFITS OF A SAFER
TRANSPORTATION SYSTEM THAT THE ENTERPRISE PROVIDES TO ALL FEE PAYERS,
INCLUDING THE LARGE NUMBER OF FEE PAYERS WHO BOTH REGISTER MOTOR
VEHICLES AND USE OR HAVE THE OPPORTUNITY TO USE ROADS AS VULNERABLE
ROAD USERS, AND THE VARYING".
Page 5, strike lines 1 through 6 and substitute:
(a) THE ENTERPRISE PROVIDE BENEFITS TO ALL FEE PAYERS BECAUSE,
WHEN IT PROVIDES DEDICATED FUNDING FOR TRANSPORTATION".
Page 5, strike line 10 and substitute "INJURY, IT:
(I) MAKES IT LESS LIKELY THAT ANY GIVEN FEE PAYER'S MOTOR
VEHICLE WILL BE INVOLVED IN SUCH A COLLISION, WHICH:
(A) REDUCES THE RISKS THAT THE FEE PAYER OR OTHER OPERATOR OF
THE MOTOR VEHICLE OR A PASSENGER IN THE MOTOR VEHICLE WILL BE KILLED
OR INJURED IN OR THAT THE MOTOR VEHICLE OR PROPERTY IN OR ATTACHED TO
THE MOTOR VEHICLE WILL BE DAMAGED IN SUCH A COLLISION;
(B) REDUCES THE RISKS THAT THE OWNER OR OPERATOR OF THE MOTOR
VEHICLE WILL BE LEGALLY LIABLE FOR THE DEATH OF OR INJURY TO SUCH AN
OPERATOR OR PASSENGER OR THE DEATH OF OR INJURY TO A VULNERABLE ROAD
USER OR FOR DAMAGE TO THEIR PROPERTY, SOME OF WHICH RISKS ARE GREATER
FOR THE HEAVIER MOTOR VEHICLES AND MOTOR VEHICLES WITH
CONFIGURATIONS THAT ARE MORE DANGEROUS TO VULNERABLE ROAD USERS
ON WHICH THE ENTERPRISE WILL IMPOSE HIGHER MOTOR VEHICLE REGISTRATION
FEES; AND
(C) LOWERS THE COSTS OF MOTOR VEHICLE INSURANCE, ESPECIALLY
FOR THE HEAVIER MOTOR VEHICLES AND MOTOR VEHICLES WITH
CONFIGURATIONS THAT ARE MORE DANGEROUS TO VULNERABLE ROAD USERS
AND ON WHICH THE ENTERPRISE WILL IMPOSE HIGHER MOTOR VEHICLE
REGISTRATION FEES; AND
(II) MAKES IT LESS LIKELY THAT A VULNERABLE ROAD USER, WHO IN
MANY CASES IS ALSO A FEE PAYER, WILL BE KILLED OR SERIOUSLY INJURED IN
SUCH AN ACCIDENT.
(b) IN ADDITION TO THE DIRECT BENEFITS THAT IT PROVIDES TO FEE
PAYERS, THE ENTERPRISE ALSO PROVIDES IMPACT REMEDIATION SERVICES
WHEN, IN EXCHANGE FOR THE PAYMENT OF MOTOR VEHICLE REGISTRATION FEES
THAT IT IMPOSES ON MOTOR VEHICLES IN WEIGHT- AND CONFIGURATION-BASED
AMOUNTS THAT INCREASE AS THE POTENTIAL HARM TO VULNERABLE ROAD
USERS FROM SUCH MOTOR VEHICLES INCREASES, IT MAKES THE
TRANSPORTATION SYSTEM SAFER SPECIFICALLY FOR VULNERABLE ROAD USERS
AND MORE GENERALLY FOR ALL ROAD USERS.".
Reletter succeeding paragraphs accordingly.
Page 5, line 11, after "PROVIDING" insert "DIRECT AND INDIRECT BENEFITS AND".
Page 5, line 12, strike "ARTICLE 4," and substitute "PART 16,".
Page 5, line 25, strike "PURPOSE OF" and substitute "PURPOSES OF PROVIDING
DIRECT AND INDIRECT BENEFITS TO FEE PAYERS AND".
Page 6, strike line 10 and substitute "BASED ON THE DIRECT AND INDIRECT
BENEFITS PROVIDED TO AND IMPACTS CAUSED BY FEE PAYERS AND THE COSTS
OF PROVIDING THOSE BENEFITS AND".
Page 6, lines 26 and 27, strike "THE DEPARTMENT, OR ANY OTHER PUBLIC
ENTITY" and substitute "A CITY AND COUNTY, OR ANY OTHER PUBLIC ENTITY
OTHER THAN A PUBLIC ENTITY THAT IS PART OF THE STATE, AS DEFINED IN
SECTION 24-77-102 (16),".
Page 7, line 4, strike "IDENTIFIED IN THE FEDERAL HIGHWAY".
Page 7, strike line 5.
Page 7, line 6, strike "ROAD USER ASSESSMENT".
Page 7, line 8, strike "INCLUDE, BUT ARE NOT".
Page 7, strike lines 9 through 20 and substitute "INCLUDE:
(a) THE FOLLOWING PROJECT TYPES DRAWN FROM THE FEDERAL
HIGHWAY ADMINISTRATION'S LIST OF PROVEN SAFETY COUNTERMEASURES:
(I) WALKWAYS SUCH AS SIDEWALKS AND SHARED-USE PATHS;
(II) BICYCLE LANES, WITH A PREFERENCE FOR BICYCLE LANES THAT
WILL BE DEVELOPED, DESIGNED, AND DELIVERED IN ACCORDANCE WITH
GUIDELINES AND PROCESSES SET FORTH IN THE FEDERAL HIGHWAY
ADMINISTRATION'S BIKEWAY SELECTION GUIDE;
(III) MEDIANS AND PEDESTRIAN REFUGE ISLANDS;
(IV) LIGHTING ALONG PEDESTRIAN AND BICYCLE FACILITIES,
INTERSECTIONS, AND CROSSINGS;
(V) CROSSING SAFETY FEATURES SUCH AS CROSSWALK VISIBILITY
ENHANCEMENTS, LEADING PEDESTRIAN INTERVALS, PEDESTRIAN HYBRID
BEACONS, AND RECTANGULAR RAPID FLASHING BEACONS;
(VI) ROAD DIETS AND OTHER ROADWAY RECONFIGURATIONS THAT
IMPROVE SAFETY;
(VII) TRAFFIC CIRCLES AND OTHER TRAFFIC CALMING OR SPEED
MANAGEMENT DEVICES;
(VIII) THE SYSTEMIC APPLICATION OF MULTIPLE LOW-COST
COUNTERMEASURES AT STOP-CONTROLLED INTERSECTIONS;
(IX) THE IMPLEMENTATION OF APPROPRIATE SPEED LIMITS FOR ALL
ROAD USERS;
(X) SPEED SAFETY AND RED LIGHT CAMERAS;
(XI) CORRIDOR ACCESS MANAGEMENT; AND
(XII) LONGITUDINAL RUMBLE STRIPS AND STRIPES;
(b) OTHER VULNERABLE ROAD USER SAFETY PROJECTS PROPOSED BY
ELIGIBLE ENTITIES AND APPROVED BY THE BOARD; AND
(c) PROJECTS THAT ARE PARTLY LOCATED IN OR BENEFIT A COUNTY IN
WHICH THE VULNERABLE ROAD USER FEE IS IMPOSED PURSUANT TO SUBSECTION
(7) OF THIS SECTION BUT ARE ALSO LOCATED IN OR BENEFIT ONE OR MORE
ADJACENT COUNTIES.".
Page 8, line 12, strike "WHEELS,".
Page 8, strike line 13 and substitute "WHEELS AND IS".
Page 8, lines 17 and 18, strike "WEIGHS NO MORE THAN NINE THOUSAND FIVE
HUNDRED POUNDS,".
Page 9, strike lines 24 through 27.
Page 10, strike line 1 and substitute:
"(IV) A MAYOR, MEMBER OF A BOARD OF COUNTY COMMISSIONERS, OR
MEMBER OF THE GOVERNING BODY OF A MUNICIPALITY WHO HAS EXPERTISE IN
MULTIMODAL TRANSPORTATION PLANNING APPOINTED BY THE GOVERNOR.".
Page 10, line 17, after the period add "BECAUSE OF THE HEIGHTENED AND
INCREASING DANGER TO VULNERABLE ROAD USERS THAT RESULTS FROM A
DEARTH OF TRANSPORTATION SYSTEM INFRASTRUCTURE THAT PROTECTS THEM
FROM COLLISIONS WITH MOTOR VEHICLES, IT IS OF CRITICAL IMPORTANCE THAT
THE ENTERPRISE COMPLETE ELIGIBLE PROJECTS AS SOON AS IT CAN TO SAVE
LIVES AND PREVENT SERIOUS INJURIES, AND THE ENTERPRISE IS THEREFORE
ENCOURAGED TO ISSUE REVENUE BONDS SO THAT IT CAN ACCELERATE THE
COMPLETION OF ELIGIBLE PROJECTS.".
Page 14, lines 3 and 4, strike "(7)(c) AND (7)(d)" and substitute "(7)(c), (7)(d),
(7)(e), AND (7)(f)".
Page 14, line 6, after "CONFIGURATION-BASED" insert "VULNERABLE ROAD USER
PROTECTION".
Page 16, line 20, after "USER" insert "PROTECTION".
Page 16, after line 26 insert:
"(e) THE ENTERPRISE SHALL NOT IMPOSE THE VULNERABLE ROAD USER
PROTECTION FEE ON ANY MOTOR VEHICLE THAT IS OWNED OR LEASED BY THE
STATE OR ANY DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE
STATE.
(f) THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY THAT IS NOT
ONE OF THE TWELVE MOST POPULOUS COUNTIES IN THE STATE MAY, BY
RESOLUTION, AUTHORIZE THE ENTERPRISE TO IMPOSE THE VULNERABLE ROAD
USER PROTECTION FEE ON THE REGISTRATION OF PASSENGER CARS AND LIGHT
TRUCKS REGISTERED IN THE COUNTY AND SHALL PROVIDE A COPY OF ANY SUCH
RESOLUTION TO THE ENTERPRISE. AFTER RECEIVING SUCH A RESOLUTION, THE
ENTERPRISE, COMMENCING ON AN ADMINISTRATIVELY FEASIBLE DATE
DETERMINED BY THE ENTERPRISE IN CONSULTATION WITH THE DEPARTMENT OF
REVENUE, SHALL IMPOSE THE FEE ON THE REGISTRATION OF PASSENGER CARS
AND LIGHT TRUCKS REGISTERED IN THE COUNTY AND INCLUDE ELIGIBLE
ENTITIES IN THE COUNTY WHEN MAKING GRANTS IN ACCORDANCE WITH
SUBSECTION (8) OF THIS SECTION.".
Reletter succeeding paragraph accordingly.
Page 17, after line 10 insert:
"(b) WHEN EVALUATING GRANT APPLICATIONS, THE ENTERPRISE BOARD
SHALL CONSIDER AND GIVE PRIORITY TO PROJECTS THAT:
(I) ARE EXPECTED TO IMPROVE SAFETY MORE RELATIVE TO THEIR COST
THAN OTHER PROJECTS FOR WHICH APPLICATIONS HAVE BEEN SUBMITTED;
(II) WILL BE COMPLETED ON OR NEAR A HIGH-INJURY OR HIGH- RISK
NETWORK, INCLUDING A HIGH-RISK OR HIGH-INJURY NETWORK THAT HAS BEEN
IDENTIFIED BY A METROPOLITAN PLANNING ORGANIZATION OR LOCAL
JURISDICTION, OR THAT PROVIDES ALTERNATIVE ROUTES FOR PEOPLE
TRAVELING OUTSIDE OF MOTOR VEHICLES;
(III) TAKE PLACE IN TRANSIT-ORIENTED CORRIDORS OR THAT IMPROVE
CONNECTIVITY BETWEEN HOUSING, JOBS, TRANSIT, AND OTHER DESTINATIONS
FOR PEOPLE TRAVELING OUTSIDE OF MOTOR VEHICLES;
(IV) IMPROVE ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES; AND
(V) FOR WHICH GRANT FUNDING WILL SUPPLEMENT AND NOT SUPPLANT
LOCAL FUNDING FOR RELATED PROJECTS.".
Reletter succeeding paragraph accordingly.
Page 17, line 11, strike "IN" and substitute "WHEN".
Page 17, line 13, strike "TO EACH COUNTY IN AMOUNTS THAT ARE" and
substitute "SO THAT THE TOTAL AMOUNT OF GRANTS AWARDED TO ELIGIBLE
ENTITIES WITHIN EACH COUNTY IS".
Page 17, strike lines 18 and 19 and substitute "FIFTY THOUSAND DOLLARS;".
Page 17, strike lines 26 and 27 and substitute "MILLION DOLLARS; AND".
Page 18, after line 5 insert:
"(d) THE DEPARTMENT SHALL REDUCE OVERSIGHT REQUIREMENTS FOR
FEDERAL OFF-SYSTEM AND STATE OFF-SYSTEM ELIGIBLE PROJECTS THAT ARE
PARTIALLY OR OF FULLY FUNDED BY THE ENTERPRISE IF NO FEDERAL FUNDS ARE
INVOLVED IN THE ELIGIBLE PROJECT AND THE DEPARTMENT DETERMINES THAT
FEDERAL REQUIREMENTS DO NOT APPLY.".
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