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H.B. 33

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COMMUNITY RESPONSIVENESS

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REQUIREMENTS OF UTAH DEPARTMENT OF

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TRANSPORTATION

4    
1998 GENERAL SESSION

5    
STATE OF UTAH

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Sponsor: Ralph Becker

7    AN ACT RELATING TO HIGHWAYS; AMENDING DUTIES OF THE DEPARTMENT OF
8    TRANSPORTATION; PROVIDING FOR COOPERATION WITH COUNTY AND
9    MUNICIPAL OFFICIALS ON CERTAIN TRAFFIC AND SAFETY IMPACTS h [ [ ] ; REQUIRING
10    WRITTEN RESPONSES, RECORDKEEPING, AND REPORTING
[ ] ] h .
11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         63-49-4, as last amended by Chapter 120, Laws of Utah 1994
14         63-49-9, as last amended by Chapter 120, Laws of Utah 1994
15    Be it enacted by the Legislature of the state of Utah:
16        Section 1. Section 63-49-4 is amended to read:
17         63-49-4. Creation of Department of Transportation -- Functions, powers, duties,
18     rights, and responsibilities.
19        There is created the Department of Transportation which shall:
20        (1) have the general responsibility for planning, research, design, construction,
21    maintenance, security, and safety of state transportation systems;
22        (2) provide administration for state transportation systems and programs;
23        (3) implement the transportation policies of the state;
24        (4) plan, develop, construct, and maintain state transportation systems that are safe,
25    reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
26    industry;
27        (5) establish standards and procedures regarding the technical details of administration of
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1    the state transportation systems as established by statute and administrative rule;
2        (6) advise the governor and the Legislature about state transportation systems needs; [and]
3        (7) cooperate with counties and municipalities to h HELP h mitigate adverse traffic and safety
4    impacts on state highways and where county roads and municipal streets connect to a state
5    highway; and
6        [(7)] (8) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
7    make policy and rules for the administration of the department, state transportation systems, and
8    programs.
9        Section 2. Section 63-49-9 is amended to read:
10         63-49-9. Region offices -- Region directors -- Qualifications -- Responsibilities.
11        (1) The department shall maintain region offices throughout the state as the executive
12    director finds reasonable and necessary for the efficient carrying out of the duties of the
13    department.
14        (2) The executive director shall appoint a region director for each region. Each region
15    director shall be a qualified executive with technical and administrative experience and training.
16        (3) The region director is responsible for:
17        (a) executing department policy within the region;
18        (b) supervising project development and operations of the state transportation systems
19    within the region; [and]
20        (c) promoting the department's public involvement and information programs[.]; and
21        (d) cooperating with counties and municipalities to h HELP h mitigate adverse traffic and
21a    safety
22    impacts on state highways and where county roads and municipal streets connect to a state
23    highway.
24         h [ [ ] (4) The region director shall:
25        (a) keep a record of written requests from county and municipal officials related to issues
26    under Subsection (3)(d);
27        (b) provide a written response to the written request of county or municipal officials
28    addressing the issues and potential solutions raised in the request, including reasoning that
29    supports the response, and offering other potential solutions, if any; and
30        (c) work with county and municipal officials to implement feasible solutions within the
31    collective resources available to the entities involved.
[ ] ] h
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1         h [ [ ] (5) The department shall make an annual report of the requests and the actions taken on
2    the requests. The report shall be submitted to the commission at a commission meeting. Copies
3    of the report shall be made available to the public upon request.
[ ] ] h
4         h [ [ ] [ [ ] ] (4) [ [ ] ] [ ] ] [ [ ] (6) [ ] ] h The executive director may also establish district offices
4a    within a region to
5    implement maintenance, encroachment, safety, community involvement, and loss management
6    functions of the region.




Legislative Review Note
    as of 12-2-97 1:26 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


















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