Utah Senate pauses bill to limit HOV rules after heated debate over tolling and federal funding

Senate Bill 38 — a proposal to limit high‑occupancy vehicle (HOV) restrictions on I‑15 to weekday rush hours and open the lane at other times — was circled by the Utah Senate on procedural grounds after an extended floor debate.

Sponsor Senator Morgan said the bill would simplify and improve use of the HOV lane by restoring open entry and exit during non‑rush hours and restricting HOV enforcement to two daily rush periods (6–9 a.m. and 4–7 p.m.). Morgan argued the current double‑white‑line configuration and restricted access confuse drivers and depress usage, and noted that at some peak weekend dune events there can be as many as 25,000 off‑highway vehicle users who benefit from clearer flag rules. "I received a flood of support for this bill," Morgan said, urging the chamber to adopt peak‑hour HOV rules to encourage car‑pooling while making the lane usable at other times.

Opponents raised enforcement, fiscal and safety concerns. Senator Greiner disputed Morgan’s characterization of underuse and warned that enforcement falls to public‑safety agencies; he also highlighted costs in signage and infrastructure. Senator Bramble argued that future toll revenue and existing pass holders would be harmed, saying he is willing to pay a toll for predictable access. Several senators cautioned that federal funds used to build the lane could have to be repaid if the lane’s purpose were fundamentally changed. "If we decided to do that, then the state would have to return those federal dollars," one senator said, noting that the state could not easily absorb that liability during difficult economic times.

Sponsor Morgan pushed back, saying UDOT’s double‑white lines were a preparatory step for long‑range tolling plans and that the state does not yet need a full‑time toll road. Morgan said the Snell effect — where double lines reduce lane utility because faster HOV vehicles cannot pass slower ones — reduces HOV lane performance, and that many drivers avoid the lane when access is restricted.

The clerk and Senate rules officer noted a missing fiscal note for the bill during the second‑reading process and cited Senate Rule 25.02, which requires a fiscal note before a bill on the second reading can advance; to comply the Senate voted to circle SB38 pending receipt of the fiscal note. The motion to circle carried with the body saying "aye." The chair indicated the bill could be revisited after the fiscal estimate is provided.

What’s next: SB38 was circled pending the fiscal note and further review; the sponsor said he would move it forward after the required materials are available.