1     
DEPARTMENT OF TRANSPORTATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Keven J. Stratton

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Transportation Code by amending provisions relating to
10     transportation.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that the Department of Transportation may employ auditing experts from
14     outside the department rather than appoint at least two performance auditors for the
15     department;
16          ▸     repeals the class B and class C roads account;
17          ▸     repeals the requirement that funds appropriated for class B and class C roads be
18     deposited into the class B and class C roads account;
19          ▸     requires the Department of Transportation, rather than the director of the Division
20     of Finance, to transfer certain funds to the State Park Access Highways
21     Improvement Program; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          72-1-206, as renumbered and amended by Laws of Utah 1998, Chapter 270
30          72-2-106, as last amended by Laws of Utah 2016, Chapter 291
31          72-2-107, as last amended by Laws of Utah 2016, Chapter 291
32          72-2-108, as last amended by Laws of Utah 2016, Fourth Special Session, Chapter 2
33          72-2-110, as last amended by Laws of Utah 2009, Chapter 71
34          72-3-301, as last amended by Laws of Utah 2001, Chapter 222
35          78A-5-110, as last amended by Laws of Utah 2008, Chapter 22 and renumbered and
36     amended by Laws of Utah 2008, Chapter 3
37          78A-7-120, as last amended by Laws of Utah 2012, Chapter 205
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 72-1-206 is amended to read:
41          72-1-206. Performance auditing -- Appointment or employment -- Duties --
42     Reports.
43          (1) (a) The executive director, with the approval of a majority vote of the commission
44     for each appointment, shall, to conduct the audits required in this section:
45          (i) appoint not less than two performance auditors[.]; or
46          (ii) employ auditing experts from outside the department.
47          (b) A performance auditor appointed under Subsection (1)(a)(i) may only be removed
48     by the executive director with the approval of a majority vote of the commission.
49          [(b)] (c) Each auditor appointed under Subsection (1)(a)(i) shall have at least three
50     years' experience in performance auditing prior to appointment.
51          (2) [(a)] The executive director shall ensure that the auditors under Subsection (1)
52     receive:
53          [(i)] (a) any staff support from the department that is necessary to fulfill their duties;
54     and
55          [(ii)] (b) access to all the department's records and information.
56          [(b) The department may hire outside consultants to assist in the audits under
57     Subsection (3).]
58          (3) The [performance] auditors under Subsection (1) shall conduct [and supervise], as
59     prioritized by the commission:
60          (a) performance audits to determine the efficiency and effectiveness of the department;
61          (b) financial audits to ensure the efficient and effective expenditure of department
62     money;
63          (c) audits to ensure department compliance with state statutes, commission priorities,
64     and legislative appropriation intent statements;
65          (d) audits to determine the impact of federal mandates, including air quality, wetlands,
66     and other environmental standards on the cost and schedule of department projects;
67          (e) external audits on persons entering into contracts with the department, as necessary;
68          (f) studies to determine the time required to accomplish department and external
69     contract work and their relative efficiencies;
70          (g) evaluations of the department's quality assurance and quality control programs; and
71          (h) any other executive director or commission requests.
72          (4) The [performance] auditors under Subsection (1) shall:
73          (a) conduct audits in accordance with applicable professional auditing standards[.]; and
74          [(5) The performance auditors shall]
75          (b) provide copies of all reports of audit findings to the commission, the executive
76     director, and the Legislative Auditor General.
77          Section 2. Section 72-2-106 is amended to read:
78          72-2-106. Appropriation and transfer from Transportation Fund.
79          (1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the
80     use of the department an amount equal to two-elevenths of the taxes collected from the motor
81     fuel tax and the special fuel tax, exclusive of the formula amount appropriated [to the] for class
82     B and class C [road fund and the collector road fund] roads, to be used for highway
83     rehabilitation.
84          (2) For a fiscal year beginning on or after July 1, 2016, the Division of Finance shall
85     annually transfer an amount equal to the amount of revenue generated by a tax imposed on
86     motor and special fuel that is sold, used, or received for sale or used in this state at a rate of 1.8
87     cents per gallon to the Transportation Investment Fund of 2005 created by Section 72-2-124.
88          Section 3. Section 72-2-107 is amended to read:
89          72-2-107. Appropriation from Transportation Fund -- Apportionment for class B
90     and class C roads.
91          (1) There is appropriated to the department from the Transportation Fund annually an
92     amount equal to 30% of an amount which the director of finance shall compute in the
93     following manner: The total revenue deposited into the Transportation Fund during the fiscal
94     year from state highway-user taxes and fees, minus those amounts appropriated or transferred
95     from the Transportation Fund during the same fiscal year to:
96          (a) the Department of Public Safety;
97          (b) the State Tax Commission;
98          (c) the Division of Finance;
99          (d) the Utah Travel Council; and
100          (e) any other amounts appropriated or transferred for any other state agencies not a part
101     of the department.
102          (2) (a) Except as provided in Subsection (2)(b), all of [this money] the money
103     appropriated in Subsection (1) shall be [placed in an account to be known as the] apportioned
104     among counties and municipalities for class B and class C roads [account to be used] as
105     provided in this title.
106          (b) The [director of finance] department shall annually transfer $500,000 of the amount
107     calculated under Subsection (1) to [the department as dedicated credits for] the State Park
108     Access Highways Improvement Program created in Section 72-3-207.
109          (3) Each quarter of every year the [director of finance] department shall make the
110     necessary accounting entries to transfer the money appropriated under this section [to the] for
111     class B and class C roads [account].
112          (4) The funds [in the] appropriated for class B and class C roads [account] shall be
113     expended under the direction of the department as the Legislature shall provide.
114          Section 4. Section 72-2-108 is amended to read:
115          72-2-108. Apportionment of funds available for use on class B and class C roads
116     -- Bonds.
117          (1) For purposes of this section:
118          (a) "Graveled road" means a road:
119          (i) that is:
120          (A) graded; and
121          (B) drained by transverse drainage systems to prevent serious impairment of the road
122     by surface water;
123          (ii) that has an improved surface; and
124          (iii) that has a wearing surface made of:
125          (A) gravel;
126          (B) broken stone;
127          (C) slag;
128          (D) iron ore;
129          (E) shale; or
130          (F) other material that is:
131          (I) similar to a material described in Subsection (1)(a)(iii)(A) through (E); and
132          (II) coarser than sand.
133          (b) "Paved road" includes a graveled road with a chip seal surface.
134          (c) "Road mile" means a one-mile length of road, regardless of:
135          (i) the width of the road; or
136          (ii) the number of lanes into which the road is divided.
137          (d) "Weighted mileage" means the sum of the following:
138          (i) paved road miles multiplied by five; and
139          (ii) all other road type road miles multiplied by two.
140          (2) Subject to the provisions of Subsections (3) through (8) and except as provided in
141     Subsection (10), funds [in the] appropriated for class B and class C roads [account] shall be
142     apportioned among counties and municipalities in the following manner:
143          (a) 50% in the ratio that the class B roads weighted mileage within each county and
144     class C roads weighted mileage within each municipality bear to the total class B and class C
145     roads weighted mileage within the state; and
146          (b) 50% in the ratio that the population of a county or municipality bears to the total
147     population of the state as of the last official federal census or the United States Bureau of
148     Census estimate, whichever is most recent, except that if population estimates are not available
149     from the United States Bureau of Census, population figures shall be derived from the estimate
150     from the Utah Population Estimates Committee.
151          (3) For purposes of Subsection (2)(b), "the population of a county" means:
152          (a) the population of a county outside the corporate limits of municipalities in that
153     county, if the population of the county outside the corporate limits of municipalities in that
154     county is not less than 14% of the total population of that county, including municipalities; and
155          (b) if the population of a county outside the corporate limits of municipalities in the
156     county is less than 14% of the total population:
157          (i) the aggregate percentage of the population apportioned to municipalities in that
158     county shall be reduced by an amount equal to the difference between:
159          (A) 14%; and
160          (B) the actual percentage of population outside the corporate limits of municipalities in
161     that county; and
162          (ii) the population apportioned to the county shall be 14% of the total population of
163     that county, including incorporated municipalities.
164          (4) If an apportionment under Subsection (2) made in the current fiscal year to a county
165     or municipality with a population of less than 14,000 is less than 120% of the amount
166     apportioned to the county or municipality [from the] for class B and class C roads [account] in
167     fiscal year 1996-97, the department shall reapportion the funds under Subsection (2) to ensure
168     that the county or municipality receives:
169          (a) subject to the requirement in Subsection (5) and for fiscal year 2016 only, an
170     amount equal to:
171          (i) the amount apportioned to the county or municipality for class B and class C roads
172     in fiscal year 2015 multiplied by 120%; plus
173          (ii) an amount equal to the amount apportioned to the county or municipality in fiscal
174     year 2015 multiplied by the percentage increase or decrease in the total funds available for
175     class B and class C roads between fiscal year 2015 and fiscal year 2016;
176          (b) for fiscal year 2017 only, an amount equal to the greater of:
177          (i) the amount apportioned to the county or municipality for class B and class C roads
178     in the current fiscal year under Subsection (2); or
179          (ii) (A) the amount apportioned to the county for class B and class C roads in fiscal
180     year 2015 multiplied by 120%; plus
181          (B) the amount calculated as described in Subsection (7); or
182          (c) for a fiscal year beginning on or after July 1, 2017, an amount equal to the greater
183     of:
184          (i) the amount apportioned to the county or municipality for class B and class C roads
185     in the current fiscal year under Subsection (2); or
186          (ii) (A) the amount apportioned to the county or municipality for class B and class C
187     roads through the apportionment formula under Subsection (2) or this Subsection (4),
188     excluding any amounts appropriated as additional support for class B and class C roads under
189     Subsection (10), in the prior fiscal year; plus
190          (B) the amount calculated as described in Subsection (7).
191          (5) For the purposes of calculating a final distribution of money collected in fiscal year
192     2016, the department shall subtract the payments previously made to a county or municipality
193     for money collected in fiscal year 2016 for class B and class C roads from the fiscal year 2016
194     total calculated in Subsection (4)(a).
195          (6) (a) The department shall decrease proportionately as provided in Subsection (6)(b)
196     the apportionments to counties and municipalities for which the reapportionment under
197     Subsection (4)(a), (b)(ii), or (c)(ii) does not apply.
198          (b) The aggregate amount of the funds that the department shall decrease
199     proportionately from the apportionments under Subsection (6)(a) is an amount equal to the
200     aggregate amount reapportioned to counties and municipalities under Subsection (4)(a), (b)(ii),
201     or (c)(ii).
202          (7) (a) In addition to the apportionment adjustments made under Subsection (4), a
203     county or municipality that qualifies for reapportioned money under Subsection (4)(b)(ii) or
204     (c)(ii) shall receive an amount equal to the amount apportioned to the county or municipality
205     under Subsection (4)(b)(ii) or (c)(ii) for class B and class C roads in the prior fiscal year
206     multiplied by the percentage increase or decrease in the total funds available for class B and
207     class C roads between the prior fiscal year and the fiscal year that immediately preceded the
208     prior fiscal year.
209          (b) The adjustment under Subsection (7)(a) shall be made in the same way as provided
210     in Subsections (6)(a) and (b).
211          (8) (a) If a county or municipality does not qualify for a reapportionment under
212     Subsection (4)(c) in the current fiscal year but previously qualified for a reapportionment under
213     Subsection (4)(c) on or after July 1, 2017, the county or municipality shall receive an amount
214     equal to the greater of:
215          (i) the amount apportioned to the county or municipality for class B and class C roads
216     in the current fiscal year under Subsection (2); or
217          (ii) the amount apportioned to the county or municipality for class B and class C roads
218     in the prior fiscal year.
219          (b) The adjustment under Subsection (8)(a) shall be made in the same way as provided
220     in Subsections (6)(a) and (b).
221          (9) The governing body of any municipality or county may issue bonds redeemable up
222     to a period of 10 years under Title 11, Chapter 14, Local Government Bonding Act, to pay the
223     costs of constructing, repairing, and maintaining class B or class C roads and may pledge class
224     B or class C road funds received pursuant to this section to pay principal, interest, premiums,
225     and reserves for the bonds.
226          (10) (a) For fiscal year 2017 only, the department shall distribute $5,000,000 of the
227     funds appropriated for additional support for class B and class C roads among the counties and
228     municipalities that qualified for reapportioned funds under Subsection (4) before May 1, 2016.
229          (b) The department shall distribute an amount to each county or municipality described
230     in Subsection (10)(a) considering the projected amount of revenue that each county or
231     municipality would have received under the reapportionment formula in effect before May 1,
232     2016.
233          (c) The department may consult with local government entities to determine the
234     distribution amounts under Subsection (10)(b).
235          (d) Before making the distributions required under this section, the department shall
236     report to the Executive Appropriations Committee of the Legislature by no later than December
237     31, 2016, the amount of funds the department will distribute to each county or municipality that
238     qualifies for a distribution under this Subsection (10).
239          (e) The Executive Appropriations Committee of the Legislature shall review and
240     comment on the amount of funds proposed to be distributed to each county or municipality that
241     qualifies for a distribution under this Subsection (10).
242          Section 5. Section 72-2-110 is amended to read:
243          72-2-110. Funds allocated to class B and class C roads -- Matching federal funds
244     -- R.S. 2477 rights.
245          A county or municipality may:
246          (1) use funds which are allocated to class B and class C roads for matching federal
247     funds for the construction of secondary roads now available or which may later become
248     available in accordance with the provisions of law; and
249          (2) use up to 30% of the class B and class C [roads account] road funds allocated to the
250     county or municipality to pay the costs of asserting, defending, or litigating local government
251     rights under R.S. 2477 on class B, class C, or class D roads.
252          Section 6. Section 72-3-301 is amended to read:
253          72-3-301. Statewide public safety interest highway defined -- Designations --
254     Control -- Maintenance -- Improvement restrictions -- Formula funding provisions.
255          (1) As used in this part, "statewide public safety interest highway" means a designated
256     state highway that serves a compelling statewide public safety interest.
257          (2) Statewide public safety interest highways include:
258          (a) SR-900. From near the east bound on and off ramps of the I-80 Delle Interchange
259     on the I-80 south frontage road, traversing northwesterly, westerly, and northeasterly, including
260     on portions of a county road and a Bureau of Land Management road for a distance of 9.24
261     miles. Then beginning again at the I-80 south frontage road traversing southwesterly and
262     northwesterly on a county road for a distance of 4.33 miles. Then beginning again at the I-80
263     south frontage road traversing southwesterly, northerly, northwesterly, westerly, and
264     northeasterly on a county road and a Bureau of Land Management road to near the east bound
265     on and off ramps of I-80 Low/Lakeside Interchange for a distance of 2.61 miles. The entire
266     length of SR-900 is a total distance of 16.18 miles.
267          (b) SR-901. From SR-196 traversing westerly and northwesterly on a county road to a
268     junction with a Bureau of Land Management road described as part of SR-901, then
269     northwesterly to a junction with a county road for a distance of 8.70 miles. Then beginning
270     again at a junction with SR-901 traversing northwesterly on a Bureau of Land Management
271     road to a junction with a county road for a distance of 6.52 miles. Then beginning again at a
272     junction with SR-901 traversing southwesterly on a Bureau of Land Management road to a
273     junction with a county road for a distance of 5.44 miles. Then beginning again from a junction
274     with SR-901 traversing southwesterly on a county road to a junction with a county road a
275     distance of 11.52 miles. Then beginning again at a junction with SR-196 traversing westerly on
276     a Bureau of Land Management road to a junction with a county road for a distance of 11.30
277     miles. The entire length of SR-901 is a total distance of 43.48 miles.
278          (3) The department has jurisdiction and control over all statewide public safety interest
279     highways.
280          (4) (a) A county shall maintain the portions of a statewide public safety interest
281     highway that was a class B county road under the county's jurisdiction prior to the designation
282     under this section.
283          (b) Notwithstanding the provisions of Section 17-50-305, a county may not abandon
284     any portion of a statewide public safety interest highway.
285          (c) Except under written authorization of the executive director of the department, a
286     statewide public safety interest highway shall remain the same class of highway that it was
287     prior to the designation under this section with respect to grade, drainage, surface, and
288     improvements and it may not be upgraded or improved to a higher class of highway.
289          (5) (a) A class B county road that is designated a statewide public safety interest
290     highway under this section is considered a class B county road for the purposes of the
291     distribution formula and distributions of funds.
292          (b) The amount of funds received by any jurisdiction [from the] for class B and class C
293     roads [account] under Section 72-2-107 may not be affected by the provisions of this section.
294          Section 7. Section 78A-5-110 is amended to read:
295          78A-5-110. Allocation of district court fees and forfeitures.
296          (1) Except as provided in this section, district court fines and forfeitures collected for
297     violation of state statutes shall be paid to the state treasurer.
298          (2) Fines and forfeitures collected by the court for violation of a state statute or county
299     or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the
300     state treasurer and 1/2 to the treasurer of the state or local governmental entity which
301     prosecutes or which would prosecute the violation.
302          (3) Fines and forfeitures collected for violations of Title 23, Wildlife Resources Code
303     of Utah, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State Boating
304     Act, shall be paid to the state treasurer.
305          (a) For violations of Title 23, Wildlife Resources Code of Utah, the state treasurer shall
306     allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
307          (b) For violations of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
308     18, State Boating Act, the state treasurer shall allocate 85% to the Division of Parks and
309     Recreation and 15% to the General Fund.
310          (4) [Fines] (a) The state treasurer shall allocate fines and forfeitures collected for a
311     violation of Section 72-7-404 or 72-7-406, less fees established by the Judicial Council, [shall
312     be paid to the state treasurer for deposit in the B and C road account.] to the Department of
313     Transportation for use on class B and class C roads.
314          (b) Fees established by the Judicial Council shall be deposited in the state General
315     Fund.
316          (c) Money [deposited in the] allocated for class B and class C [road account] roads is
317     supplemental to the money appropriated under Section 72-2-107 but shall be expended in the
318     same manner as other class B and class C road funds.
319          (5) (a) Fines and forfeitures collected by the court for a second or subsequent violation
320     under Section 41-6a-1713 or Subsection 72-7-409(8)(b) shall be remitted:
321          (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
322          (ii) 40% in accordance with Subsection (2).
323          (b) Fines and forfeitures collected by the court for a second or subsequent violation
324     under Subsection 72-7-409(8)(c) shall be remitted:
325          (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
326          (ii) 50% in accordance with Subsection (2).
327          (6) Fines and forfeitures collected for any violations not specified in this chapter or
328     otherwise provided for by law shall be paid to the state treasurer.
329          (7) Fees collected in connection with civil actions filed in the district court shall be
330     paid to the state treasurer.
331          (8) The court shall remit money collected in accordance with Title 51, Chapter 7, State
332     Money Management Act.
333          Section 8. Section 78A-7-120 is amended to read:
334          78A-7-120. Disposition of fines.
335          (1) Except as otherwise specified by this section, fines and forfeitures collected by a
336     justice court shall be remitted, 1/2 to the treasurer of the local government responsible for the
337     court and 1/2 to the treasurer of the local government which prosecutes or which would
338     prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13,
339     Interlocal Cooperation Act, related to justice courts may alter the ratio provided in this section
340     if the parties agree.
341          (2) (a) For violation of Title 23, Wildlife Resources Code of Utah, the court shall
342     allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the city or
343     county government responsible for the justice court.
344          (b) For violation of Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
345     18, State Boating Act, the court shall allocate 85% to the Division of Parks and Recreation and
346     15% to the general fund of the city or county government responsible for the justice court.
347          (3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer.
348          (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice
349     court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations
350     and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial
351     Council, shall be paid to the state treasurer and [distributed to the class B and C road account.]
352     allocated to the Department of Transportation for class B and class C roads.
353          (5) Revenue [deposited in the] allocated for class B and class C [road account] roads
354     pursuant to Subsection (4) is supplemental to the money appropriated under Section 72-2-107
355     but shall be expended in the same manner as other class B and class C road funds.
356          (6) (a) Fines and forfeitures collected by the court for a second or subsequent violation
357     under Section 41-6a-1713 or Subsection 72-7-409(8)(b) shall be remitted:
358          (i) 60% to the state treasurer to be deposited in the Transportation Fund; and
359          (ii) 40% in accordance with Subsection (1).
360          (b) Fines and forfeitures collected by the court for a second or subsequent violation
361     under Subsection 72-7-409(8)(c) shall be remitted:
362          (i) 50% to the state treasurer to be deposited in the Transportation Fund; and
363          (ii) 50% in accordance with Subsection (1).