Highway speed limits.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0590

HOUSE BILL
NO.
HB0232

Highway speed limits.

Sponsored by:
Representative(s) Brown and Senator(s) Coe

A BILL

for

AN ACT relating to
hig
h
ways;
limiting the authority of the director of the department of transportation to establish lower maximum speed limits as specified
;

requiring a review of certain speed limits and a report;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 31
‑
5
‑
302 is amended to read:

31
‑
5
‑
302.

Establishment of specific maximum speed limits by superintendent.

Whenever the superintendent determines upon the basis of an engineering and traffic investigation, or in the event of a vehicle or weather emergency, that a maximum speed greater or less than that authorized herein is required for safe
and reasonable vehicle operation under the conditions found to exist at any intersection or other place or upon any part of the state highway system, the superintendent, except as provided for in W.S. 31
‑
5
‑
303(b), may determine and declare a reasonable and safe maximum limit thereat, which shall be effective when appropriate signs giving notice thereof are erected. The maximum speed limit may be declared to be effective at all times or at such times as are indicated upon the signs and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. This section does not grant power to the superintendent to declare statewide or countywide maximum speed limits but grants power to declare maximum speed limits for the public safety in localized geographic areas.

The superintendent shall not
, pursuant to this section,
establish a speed limit
which is
below that
established by
W.S. 31
‑
5
‑
301(b)(iv) for any highway or
segment
thereof, or enter into any agreement
to e
stablish or maintain
a speed limit less than that
established by
W.S. 31
‑
5
‑
301(b)(iv), in
order to comply with any provision of the
National Environmental Policy Act
.

Section 2.

(a)

Th
e
department of transportation shall report by September 1, 2013, to the joint
transportation, highways and
military
affairs
interim committee the following
:

(i)

All highways and the segments of those highways in Wyoming for which the authority granted by W.S. 31
‑
5
‑
302 has been exercised
;

(ii)

For those highways and segments identified pursuant to paragraph (i) of this subsection, the report shall state whether the authority was exercised
to,
in any manner
,

comply with any provision of the National Environmental Policy Act
, including, but not limited to, the exercise of that authority or agreement to exercise that authority
in order
t
o facilitate
a favorable environmental impact statement
. The report shall identify additional
reasons relied upon by the director of transportation to establish the speed limit
for any highway reported under this paragraph
.

(b)

The joint transportation, highways and military affairs interim committee
shall study the effects of establishing different speed limits for highways reported under subsection (a) of this section and shall introduce legislation in the 2014 legislative budget session as it determines appropriate.

Section 3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0232