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[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]
H.B. 202 Enrolled
Patrice Arent
Gary F. Cox
AN ACT RELATING TO TRANSPORTATION; CREATING A NEW TITLE 72,
TRANSPORTATION; RECODIFYING VARIOUS TRANSPORTATION RELATED
PROVISIONS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-7-20, as last amended by Chapter 84, Laws of Utah 1997
10-9-404, as last amended by Chapter 171, Laws of Utah 1997
11-14-17.5, as last amended by Chapter 91, Laws of Utah 1985
17-27-404, as last amended by Chapter 171, Laws of Utah 1997
17A-3-208, as renumbered and amended by Chapter 186, Laws of Utah 1990
31A-22-1300, as enacted by Chapter 242, Laws of Utah 1985
31A-22-1302, as last amended by Chapter 10, Laws of Utah 1997
31A-22-1303, as last amended by Chapter 170, Laws of Utah 1996
32A-9-106, as last amended by Chapter 170, Laws of Utah 1996
41-1a-109, as last amended by Chapter 170, Laws of Utah 1996
41-1a-110, as last amended by Chapter 170, Laws of Utah 1996
41-1a-1101, as last amended by Chapters 59 and 170, Laws of Utah 1996
41-1a-1201, as last amended by Chapters 262 and 384, Laws of Utah 1997
41-6-17, as last amended by Chapter 138, Laws of Utah 1987
41-6-44.30, as last amended by Chapters 170 and 223, Laws of Utah 1996
41-6-48, as last amended by Chapter 49, Laws of Utah 1996
41-6-102, as last amended by Chapter 170, Laws of Utah 1996
41-6-114, as last amended by Chapter 241, Laws of Utah 1979
41-6-148.20, as last amended by Chapter 287, Laws of Utah 1997
53-3-402, as last amended by Chapter 7, Laws of Utah 1994
59-12-102, as last amended by Chapters 209, 299 and 344, Laws of Utah 1997
59-12-103, as last amended by Chapters 261 and 272, Laws of Utah 1997
59-12-1201, as enacted by Chapter 257, Laws of Utah 1997
59-15-106, as last amended by Chapter 170, Laws of Utah 1996
63-38c-103, as last amended by Chapter 3, Laws of Utah 1997
63-55-263, as last amended by Chapters 15, 98, 134 and 393, Laws of Utah 1997
63-56-13, as last amended by Chapter 120, Laws of Utah 1994
63-65-2, as last amended by Chapter 244, Laws of Utah 1997
77-1a-4, as last amended by Chapter 315, Laws of Utah 1997
77-7-18, as last amended by Chapter 350, Laws of Utah 1997
78-3-14.5, as last amended by Chapter 198, Laws of Utah 1996
78-5-116, as last amended by Chapters 138 and 268, Laws of Utah 1991
ENACTS:
72-2-101, Utah Code Annotated 1953
72-2-102, Utah Code Annotated 1953
72-3-101, Utah Code Annotated 1953
72-3-108, Utah Code Annotated 1953
72-4-101, Utah Code Annotated 1953
72-5-101, Utah Code Annotated 1953
72-6-101, Utah Code Annotated 1953
72-6-117, Utah Code Annotated 1953
72-7-101, Utah Code Annotated 1953
72-11-101, Utah Code Annotated 1953
72-11-102, Utah Code Annotated 1953
72-12-101, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
72-1-101, (Renumbered from 63-49-1, as enacted by Chapter 204, Laws of Utah 1975)
72-1-102, (Renumbered from 27-12-2, as last amended by Chapter 170, Laws of Utah 1996)
72-1-201, (Renumbered from 63-49-4, as last amended by Chapter 120, Laws of Utah 1994)
72-1-202, (Renumbered from 63-49-5, as last amended by Chapter 120, Laws of Utah 1994)
72-1-203, (Renumbered from 63-49-6, as last amended by Chapter 120, Laws of Utah 1994)
72-1-204, (Renumbered from 63-49-7, as last amended by Chapter 170, Laws of Utah 1996)
72-1-205, (Renumbered from 63-49-9, as last amended by Chapter 120, Laws of Utah 1994)
72-1-206, (Renumbered from 63-49-21, as enacted by Chapter 98, Laws of Utah 1995)
72-1-207, (Renumbered from 27-12-13, as last amended by Chapter 137, Laws of Utah 1991)
72-1-208, (Renumbered from 27-12-14, as last amended by Chapter 137, Laws of Utah 1991)
72-1-209, (Renumbered from 27-12-16, as last amended by Chapter 137, Laws of Utah 1991)
72-1-210, (Renumbered from 27-12-20, as last amended by Chapter 137, Laws of Utah 1991)
72-1-301, (Renumbered from 63-49-10, as last amended by Chapters 68 and 243, Laws of Utah
1996)
72-1-302, (Renumbered from 63-49-11, as enacted by Chapter 204, Laws of Utah 1975)
72-1-303, (Renumbered from 63-49-12, as last amended by Chapter 120, Laws of Utah 1994)
72-2-103, (Renumbered from 63-49-19, as last amended by Chapters 78 and 170, Laws of Utah
1996)
72-2-104, (Renumbered from 63-49-15, as last amended by Chapter 117, Laws of Utah 1977)
72-2-105, (Renumbered from 27-12-126, as last amended by Chapter 117, Laws of Utah 1977)
72-2-106, (Renumbered from 27-12-128, as enacted by Chapter 135, Laws of Utah 1981)
72-2-107, (Renumbered from 27-12-127, as last amended by Chapter 137, Laws of Utah 1991)
72-2-108, (Renumbered from 27-12-129, as last amended by Chapter 260, Laws of Utah 1997)
72-2-109, (Renumbered from 27-12-130, as last amended by Chapter 120, Laws of Utah 1994)
72-2-110, (Renumbered from 27-12-131, as enacted by Chapter 39, Laws of Utah 1963)
72-2-111, (Renumbered from 27-12-121, as last amended by Chapter 120, Laws of Utah 1994)
72-2-112, (Renumbered from 63-49-16, as last amended by Chapter 117, Laws of Utah 1977)
72-2-113, (Renumbered from 63-49-23, as enacted by Chapter 236, Laws of Utah 1997)
72-2-114, (Renumbered from 63-49-25, as enacted by Chapter 270, Laws of Utah 1997)
72-2-115, (Renumbered from 63-49-18, as enacted by Chapter 271, Laws of Utah 1977)
72-2-116, (Renumbered from 27-12-132, as last amended by Chapter 227, Laws of Utah 1993)
72-2-117, (Renumbered from 27-12-103.6, as last amended by Chapter 257, Laws of Utah 1997)
72-2-118, (Renumbered from 63-49-22, as last amended by Chapters 261 and 262, Laws of Utah
1997)
72-2-119, (Renumbered from 63-49-24, as enacted by Chapter 393, Laws of Utah 1997)
72-2-120, (Renumbered from 27-12-132.2, as enacted by Chapter 155, Laws of Utah 1997)
72-2-201, (Renumbered from 27-18-102, as enacted by Chapter 244, Laws of Utah 1997)
72-2-202, (Renumbered from 27-18-103, as enacted by Chapter 244, Laws of Utah 1997)
72-2-203, (Renumbered from 27-18-104, as enacted by Chapter 244, Laws of Utah 1997)
72-2-204, (Renumbered from 27-18-105, as enacted by Chapter 244, Laws of Utah 1997)
72-2-205, (Renumbered from 27-18-106, as enacted by Chapter 244, Laws of Utah 1997)
72-2-206, (Renumbered from 27-18-107, as enacted by Chapter 244, Laws of Utah 1997)
72-3-102, (Renumbered from 27-12-21, as last amended by Chapter 137, Laws of Utah 1991)
72-3-103, (Renumbered from 27-12-22, as last amended by Chapter 120, Laws of Utah 1994)
72-3-104, (Renumbered from 27-12-23, as last amended by Chapter 120, Laws of Utah 1994)
72-3-105, (Renumbered from 27-15-3, as last amended by Chapter 2, Laws of Utah 1978, Second
Special Session)
72-3-106, (Renumbered from 27-12-24, as last amended by Chapter 227, Laws of Utah 1993)
72-3-107, (Renumbered from 27-12-26, as last amended by Chapter 227, Laws of Utah 1993)
72-3-109, (Renumbered from 27-12-88, as last amended by Chapter 120, Laws of Utah 1994)
72-3-110, (Renumbered from 27-12-15, as last amended by Chapter 137, Laws of Utah 1991)
72-3-111, (Renumbered from 27-12-17, as last amended by Chapter 137, Laws of Utah 1991)
72-3-112, (Renumbered from 27-12-117, as last amended by Chapter 276, Laws of Utah 1997)
72-3-201, (Renumbered from 27-12-23.5, as enacted by Chapter 247, Laws of Utah 1993)
72-3-202, (Renumbered from 27-12-23.6, as enacted by Chapter 247, Laws of Utah 1993)
72-3-203, (Renumbered from 27-12-23.7, as enacted by Chapter 247, Laws of Utah 1993)
72-3-204, (Renumbered from 27-12-23.8, as last amended by Chapter 11, Laws of Utah 1994)
72-3-205, (Renumbered from 27-12-23.9, as last amended by Chapter 225, Laws of Utah 1997)
72-3-206, (Renumbered from 27-12-23.10, as last amended by Chapter 225, Laws of Utah 1997)
72-3-207, (Renumbered from 27-12-23.11, as enacted by Chapter 226, Laws of Utah 1996)
72-4-102, (Renumbered from 27-12-27, as last amended by Chapter 20, Laws of Utah 1995)
72-4-103, (Renumbered from 27-12-28, as last amended by Chapter 120, Laws of Utah 1994)
72-4-104, (Renumbered from 27-12-29, as last amended by Chapter 120, Laws of Utah 1994)
72-4-105, (Renumbered from 27-12-30, as last amended by Chapter 137, Laws of Utah 1991)
72-4-106, (Renumbered from 27-12-31.1, as last amended by Chapter 32, Laws of Utah 1996)
72-4-107, (Renumbered from 27-12-32.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-108, (Renumbered from 27-12-33.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-109, (Renumbered from 27-12-34.1, as last amended by Chapter 11, Laws of Utah 1994)
72-4-110, (Renumbered from 27-12-35.1, as last amended by Chapter 18, Laws of Utah 1988)
72-4-111, (Renumbered from 27-12-36.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-112, (Renumbered from 27-12-37.1, as last amended by Chapter 11, Laws of Utah 1994)
72-4-113, (Renumbered from 27-12-38.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-114, (Renumbered from 27-12-39.1, as last amended by Chapter 11, Laws of Utah 1994)
72-4-115, (Renumbered from 27-12-40.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-116, (Renumbered from 27-12-41.1, as last amended by Chapter 5, Laws of Utah 1997)
72-4-117, (Renumbered from 27-12-42.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-118, (Renumbered from 27-12-43.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-119, (Renumbered from 27-12-44.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-120, (Renumbered from 27-12-45.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-121, (Renumbered from 27-12-46.1, as last amended by Chapter 11, Laws of Utah 1994)
72-4-122, (Renumbered from 27-12-47.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-123, (Renumbered from 27-12-48.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-124, (Renumbered from 27-12-49.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-125, (Renumbered from 27-12-50.1, as last amended by Chapter 32, Laws of Utah 1996)
72-4-126, (Renumbered from 27-12-51.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-127, (Renumbered from 27-12-52.1, as last amended by Chapter 32, Laws of Utah 1996)
72-4-128, (Renumbered from 27-12-53.1, as last amended by Chapter 32, Laws of Utah 1996)
72-4-129, (Renumbered from 27-12-54.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-130, (Renumbered from 27-12-55.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-131, (Renumbered from 27-12-56.1, as last amended by Chapter 18, Laws of Utah 1995)
72-4-132, (Renumbered from 27-12-57.1, as last amended by Chapter 51, Laws of Utah 1986)
72-4-133, (Renumbered from 27-12-58.1, as last amended by Chapter 51, Laws of Utah 1986)
72-4-134, (Renumbered from 27-12-59.1, as last amended by Chapter 11, Laws of Utah 1994)
72-4-135, (Renumbered from 27-12-60.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-136, (Renumbered from 27-12-61.1, as last amended by Chapter 26, Laws of Utah 1992)
72-4-137, (Renumbered from 27-12-62.1, as last amended by Chapter 11, Laws of Utah 1994)
72-4-201, (Renumbered from 27-12-160, as last amended by Chapter 137, Laws of Utah 1991)
72-4-202, (Renumbered from 27-12-161, as last amended by Chapter 41, Laws of Utah 1997)
72-4-203, (Renumbered from 27-12-162, as enacted by Chapter 121, Laws of Utah 1997)
72-5-102, (Renumbered from 27-12-96, as last amended by Chapter 137, Laws of Utah 1991)
72-5-103, (Renumbered from 27-12-101, as last amended by Chapter 137, Laws of Utah 1991)
72-5-104, (Renumbered from 27-12-89, as enacted by Chapter 39, Laws of Utah 1963)
72-5-105, (Renumbered from 27-12-90, as enacted by Chapter 39, Laws of Utah 1963)
72-5-106, (Renumbered from 27-12-91, as enacted by Chapter 39, Laws of Utah 1963)
72-5-107, (Renumbered from 27-12-92, as last amended by Chapters 12 and 146, Laws of Utah
1994)
72-5-108, (Renumbered from 27-12-93, as enacted by Chapter 39, Laws of Utah 1963)
72-5-109, (Renumbered from 27-12-94, as last amended by Chapter 137, Laws of Utah 1991)
72-5-110, (Renumbered from 27-12-95, as last amended by Chapter 137, Laws of Utah 1991)
72-5-111, (Renumbered from 27-12-97, as last amended by Chapter 137, Laws of Utah 1991)
72-5-112, (Renumbered from 27-12-98, as last amended by Chapter 137, Laws of Utah 1991)
72-5-113, (Renumbered from 27-12-99, as last amended by Chapter 137, Laws of Utah 1991)
72-5-114, (Renumbered from 27-12-100, as last amended by Chapter 137, Laws of Utah 1991)
72-5-115, (Renumbered from 27-12-103, as last amended by Chapter 137, Laws of Utah 1991)
72-5-201, (Renumbered from 27-12-103.2, as enacted by Chapter 289, Laws of Utah 1992)
72-5-202, (Renumbered from 27-12-103.3, as last amended by Chapter 294, Laws of Utah 1994)
72-5-203, (Renumbered from 27-12-103.4, as last amended by Chapters 103 and 159, Laws of
Utah 1996)
72-5-301, (Renumbered from 27-16-102, as enacted by Chapter 6, Laws of Utah 1993, Second
Special Session)
72-5-302, (Renumbered from 27-16-103, as last amended by Chapter 120, Laws of Utah 1994)
72-5-303, (Renumbered from 27-16-104, as enacted by Chapter 6, Laws of Utah 1993, Second
Special Session)
72-5-304, (Renumbered from 27-16-105, as last amended by Chapter 20, Laws of Utah 1995)
72-5-305, (Renumbered from 27-16-106, as enacted by Chapter 6, Laws of Utah 1993, Second
Special Session)
72-5-306, (Renumbered from 27-16-107, as enacted by Chapter 6, Laws of Utah 1993, Second
Special Session)
72-6-102, (Renumbered from 27-12-104, as last amended by Chapter 137, Laws of Utah 1991)
72-6-103, (Renumbered from 27-12-105, as last amended by Chapter 137, Laws of Utah 1991)
72-6-104, (Renumbered from 27-12-106, as enacted by Chapter 39, Laws of Utah 1963)
72-6-105, (Renumbered from 27-12-107, as last amended by Chapter 137, Laws of Utah 1991)
72-6-106, (Renumbered from 27-12-107.5, as enacted by Chapter 263, Laws of Utah 1992)
72-6-107, (Renumbered from 27-12-108, as last amended by Chapter 137, Laws of Utah 1991)
72-6-108, (Renumbered from 27-12-108.1, as last amended by Chapter 227, Laws of Utah 1993)
72-6-109, (Renumbered from 27-12-108.2, as last amended by Chapter 80, Laws of Utah 1994)
72-6-110, (Renumbered from 27-12-108.3, as last amended by Chapter 80, Laws of Utah 1994)
72-6-111, (Renumbered from 27-12-109, as last amended by Chapter 246, Laws of Utah 1996)
72-6-112, (Renumbered from 27-12-109.5, as enacted by Chapter 43, Laws of Utah 1996)
72-6-113, (Renumbered from 27-12-109.1, as last amended by Chapter 137, Laws of Utah 1991)
72-6-114, (Renumbered from 27-12-110, as enacted by Chapter 39, Laws of Utah 1963)
72-6-115, (Renumbered from 63-49-8.5, as last amended by Chapter 243, Laws of Utah 1996)
72-6-116, (Renumbered from 27-12-11, as last amended by Chapter 120, Laws of Utah 1994)
72-6-118, (Renumbered from 27-12-132.1, as enacted by Chapter 155, Laws of Utah 1997)
72-7-102, (Renumbered from 27-12-133, as enacted by Chapter 39, Laws of Utah 1963)
72-7-103, (Renumbered from 27-12-134, as enacted by Chapter 39, Laws of Utah 1963)
72-7-104, (Renumbered from 27-12-135, as last amended by Chapter 300, Laws of Utah 1990)
72-7-105, (Renumbered from 27-12-138, as last amended by Chapter 137, Laws of Utah 1991)
72-7-106, (Renumbered from 27-12-138.5, as last amended by Chapter 227, Laws of Utah 1993)
72-7-201, (Renumbered from 27-12-137.2, as enacted by Chapter 52, Laws of Utah 1967)
72-7-202, (Renumbered from 27-12-137.3, as last amended by Chapter 120, Laws of Utah 1994)
72-7-203, (Renumbered from 27-12-137.4, as last amended by Chapter 137, Laws of Utah 1991)
72-7-204, (Renumbered from 27-12-137.5, as last amended by Chapter 137, Laws of Utah 1991)
72-7-205, (Renumbered from 27-12-137.6, as last amended by Chapter 120, Laws of Utah 1994)
72-7-206, (Renumbered from 27-12-137.7, as last amended by Chapter 137, Laws of Utah 1991)
72-7-207, (Renumbered from 27-12-137.9, as last amended by Chapter 137, Laws of Utah 1991)
72-7-208, (Renumbered from 27-12-137.10, as last amended by Chapter 137, Laws of Utah 1991)
72-7-209, (Renumbered from 27-12-137.11, as last amended by Chapter 120, Laws of Utah 1994)
72-7-210, (Renumbered from 27-12-137.12, as enacted by Chapter 52, Laws of Utah 1967)
72-7-211, (Renumbered from 27-12-137.13, as last amended by Chapter 120, Laws of Utah 1994)
72-7-301, (Renumbered from 27-12-144, as last amended by Chapter 38, Laws of Utah 1995)
72-7-302, (Renumbered from 27-12-143, as last amended by Chapter 120, Laws of Utah 1994)
72-7-303, (Renumbered from 27-12-141, as enacted by Chapter 39, Laws of Utah 1963)
72-7-304, (Renumbered from 27-12-142, as enacted by Chapter 39, Laws of Utah 1963)
72-7-305, (Renumbered from 27-12-139, as enacted by Chapter 39, Laws of Utah 1963)
72-7-306, (Renumbered from 27-12-140, as enacted by Chapter 39, Laws of Utah 1963)
72-7-401, (Renumbered from 27-12-148, as last amended by Chapter 38, Laws of Utah 1995)
72-7-402, (Renumbered from 27-12-149, as last amended by Chapter 195, Laws of Utah 1994)
72-7-403, (Renumbered from 27-12-150, as last amended by Chapter 88, Laws of Utah 1990)
72-7-404, (Renumbered from 27-12-151, as last amended by Chapter 57, Laws of Utah 1991)
72-7-405, (Renumbered from 27-12-153, as last amended by Chapter 7, Laws of Utah 1994)
72-7-406, (Renumbered from 27-12-154, as last amended by Chapter 38, Laws of Utah 1995)
72-7-407, (Renumbered from 27-12-148.5, as enacted by Chapter 38, Laws of Utah 1995)
72-7-408, (Renumbered from 27-12-145, as last amended by Chapter 88, Laws of Utah 1990)
72-7-409, (Renumbered from 27-12-146, as last amended by Chapter 50, Laws of Utah 1997)
72-7-501, (Renumbered from 27-12-136.2, as last amended by Chapter 263, Laws of Utah 1997)
72-7-502, (Renumbered from 27-12-136.3, as last amended by Chapter 263, Laws of Utah 1997)
72-7-503, (Renumbered from 27-12-136, as last amended by Chapter 227, Laws of Utah 1993)
72-7-504, (Renumbered from 27-12-136.4, as last amended by Chapter 120, Laws of Utah 1994)
72-7-505, (Renumbered from 27-12-136.5, as last amended by Chapter 263, Laws of Utah 1997)
72-7-506, (Renumbered from 27-12-136.6, as last amended by Chapter 263, Laws of Utah 1997)
72-7-507, (Renumbered from 27-12-136.7, as last amended by Chapter 263, Laws of Utah 1997)
72-7-508, (Renumbered from 27-12-136.9, as last amended by Chapter 263, Laws of Utah 1997)
72-7-509, (Renumbered from 27-12-136.10, as last amended by Chapter 263, Laws of Utah 1997)
72-7-510, (Renumbered from 27-12-136.11, as last amended by Chapter 263, Laws of Utah 1997)
72-7-511, (Renumbered from 27-12-136.12, as enacted by Chapter 51, Laws of Utah 1967)
72-7-512, (Renumbered from 27-12-136.13, as enacted by Chapter 51, Laws of Utah 1967)
72-7-513, (Renumbered from 27-12-136.14, as enacted by Chapter 263, Laws of Utah 1997)
72-7-514, (Renumbered from 27-12-136.15, as enacted by Chapter 263, Laws of Utah 1997)
72-7-515, (Renumbered from 27-12-136.16, as enacted by Chapter 263, Laws of Utah 1997)
72-8-101, (Renumbered from 27-14-1, as enacted by Chapter 3, Laws of Utah 1975, First Special
Session)
72-8-102, (Renumbered from 27-14-3, as enacted by Chapter 3, Laws of Utah 1975, First Special
Session)
72-8-103, (Renumbered from 27-14-4, as enacted by Chapter 3, Laws of Utah 1975, First Special
Session)
72-8-104, (Renumbered from 27-14-5, as last amended by Chapter 227, Laws of Utah 1993)
72-8-105, (Renumbered from 27-14-6, as enacted by Chapter 3, Laws of Utah 1975, First Special
Session)
72-8-106, (Renumbered from 27-14-7, as last amended by Chapter 227, Laws of Utah 1993)
72-8-107, (Renumbered from 27-14-8, as enacted by Chapter 3, Laws of Utah 1975, First Special
Session)
72-9-101, (Renumbered from 27-17-101, as enacted by Chapter 170, Laws of Utah 1996)
72-9-102, (Renumbered from 27-17-102, as enacted by Chapter 170, Laws of Utah 1996)
72-9-103, (Renumbered from 27-17-103, as enacted by Chapter 170, Laws of Utah 1996)
72-9-104, (Renumbered from 27-17-104, as enacted by Chapter 170, Laws of Utah 1996)
72-9-105, (Renumbered from 27-17-405, as last amended by Chapter 250, Laws of Utah 1997)
72-9-106, (Renumbered from 63-49-20, as last amended by Chapters 173 and 316, Laws of Utah
1995)
72-9-201, (Renumbered from 27-17-201, as renumbered and amended by Chapter 170 and last
amended by Chapters 194 and 243, Laws of Utah 1996)
72-9-301, (Renumbered from 27-17-301, as last amended by Chapter 10, Laws of Utah 1997)
72-9-302, (Renumbered from 27-17-302, as enacted by Chapter 170, Laws of Utah 1996)
72-9-303, (Renumbered from 27-17-303, as enacted by Chapter 170, Laws of Utah 1996)
72-9-401, (Renumbered from 27-17-401, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-402, (Renumbered from 27-17-402, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-403, (Renumbered from 27-17-403, as last amended by Chapter 10, Laws of Utah 1997)
72-9-404, (Renumbered from 27-17-404, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-501, (Renumbered from 27-17-501, as last amended by Chapter 79 and renumbered and
amended by Chapter 170, Laws of Utah 1996)
72-9-502, (Renumbered from 27-17-502, as last amended by Chapter 79 and renumbered and
amended by Chapter 170, Laws of Utah 1996)
72-9-503, (Renumbered from 27-17-503, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-601, (Renumbered from 27-17-601, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-602, (Renumbered from 27-17-602, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-603, (Renumbered from 27-17-603, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-604, (Renumbered from 27-17-604, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-605, (Renumbered from 27-17-605, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-701, (Renumbered from 27-17-701, as enacted by Chapter 170, Laws of Utah 1996)
72-9-702, (Renumbered from 27-17-702, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-703, (Renumbered from 27-17-704, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-704, (Renumbered from 27-17-705, as renumbered and amended by Chapter 170, Laws of
Utah 1996)
72-9-705, (Renumbered from 27-17-706, as enacted by Chapter 170, Laws of Utah 1996)
72-9-706, (Renumbered from 27-17-707, as enacted by Chapter 170, Laws of Utah 1996)
72-10-101, (Renumbered from 2-1-24, Utah Code Annotated 1953)
72-10-102, (Renumbered from 2-1-1, as last amended by Chapter 120, Laws of Utah 1994)
72-10-103, (Renumbered from 2-1-12, as last amended by Chapter 120, Laws of Utah 1994)
72-10-104, (Renumbered from 2-1-2, as last amended by Chapters 194 and 243, Laws of Utah
1996)
72-10-105, (Renumbered from 2-1-13, as last amended by Chapter 161, Laws of Utah 1987)
72-10-106, (Renumbered from 2-1-14, as last amended by Chapter 120, Laws of Utah 1994)
72-10-107, (Renumbered from 2-1-15, as last amended by Chapter 120, Laws of Utah 1994)
72-10-108, (Renumbered from 2-1-15.5, as last amended by Chapter 120, Laws of Utah 1994)
72-10-109, (Renumbered from 2-1-6, as last amended by Chapter 199, Laws of Utah 1969)
72-10-110, (Renumbered from 2-1-7, as last amended by Chapter 77, Laws of Utah 1986)
72-10-111, (Renumbered from 2-1-7.5, as last amended by Chapter 120, Laws of Utah 1994)
72-10-112, (Renumbered from 2-1-7.6, as last amended by Chapter 120, Laws of Utah 1994)
72-10-113, (Renumbered from 2-1-7.7, as last amended by Chapter 1, Laws of Utah 1992)
72-10-114, (Renumbered from 2-1-8, as last amended by Chapter 1, Laws of Utah 1983)
72-10-115, (Renumbered from 2-1-9, as last amended by Chapter 1, Laws of Utah 1983)
72-10-116, (Renumbered from 2-1-11, as last amended by Chapter 120, Laws of Utah 1994)
72-10-117, (Renumbered from 2-1-16, as last amended by Chapters 120 and 313, Laws of Utah
1994)
72-10-118, (Renumbered from 2-1-16.5, as last amended by Chapter 120, Laws of Utah 1994)
72-10-119, (Renumbered from 2-1-17, as last amended by Chapter 120, Laws of Utah 1994)
72-10-120, (Renumbered from 2-1-18, as last amended by Chapter 161, Laws of Utah 1987)
72-10-121, (Renumbered from 2-1-21, as last amended by Chapter 178, Laws of Utah 1986)
72-10-122, (Renumbered from 2-1-22, Utah Code Annotated 1953)
72-10-123, (Renumbered from 2-1-23, Utah Code Annotated 1953)
72-10-124, (Renumbered from 2-1-25, Utah Code Annotated 1953)
72-10-125, (Renumbered from 2-1-26, as last amended by Chapter 1, Laws of Utah 1983)
72-10-126, (Renumbered from 2-1-27, as last amended by Chapter 1, Laws of Utah 1983)
72-10-127, (Renumbered from 2-1-28, as last amended by Chapter 120, Laws of Utah 1994)
72-10-128, (Renumbered from 2-1-30, as last amended by Chapter 2, Laws of Utah 1953)
72-10-129, (Renumbered from 2-1-31, Utah Code Annotated 1953)
72-10-130, (Renumbered from 2-1-39, as last amended by Chapter 120, Laws of Utah 1994)
72-10-131, (Renumbered from 2-1-40, as last amended by Chapter 1, Laws of Utah 1983)
72-10-132, (Renumbered from 2-1-41, as enacted by Chapter 2, Laws of Utah 1971)
72-10-201, (Renumbered from 2-2-1, as last amended by Chapter 120, Laws of Utah 1994)
72-10-202, (Renumbered from 2-2-2, as last amended by Chapter 120, Laws of Utah 1994)
72-10-203, (Renumbered from 2-2-3, as last amended by Chapter 120, Laws of Utah 1994)
72-10-204, (Renumbered from 2-2-4, as last amended by Chapter 120, Laws of Utah 1994)
72-10-205, (Renumbered from 2-2-5, as last amended by Chapter 120, Laws of Utah 1994)
72-10-206, (Renumbered from 2-2-6, Utah Code Annotated 1953)
72-10-207, (Renumbered from 2-2-7, as last amended by Chapter 120, Laws of Utah 1994)
72-10-208, (Renumbered from 2-2-8, as last amended by Chapter 120, Laws of Utah 1994)
72-10-209, (Renumbered from 2-2-9, as last amended by Chapter 120, Laws of Utah 1994)
72-10-210, (Renumbered from 2-2-10, as last amended by Chapter 120, Laws of Utah 1994)
72-10-211, (Renumbered from 2-2-11, as last amended by Chapter 120, Laws of Utah 1994)
72-10-212, (Renumbered from 2-2-12, Utah Code Annotated 1953)
72-10-213, (Renumbered from 2-2-13, Utah Code Annotated 1953)
72-10-214, (Renumbered from 2-2-14, Utah Code Annotated 1953)
72-10-301, (Renumbered from 2-3-1, as last amended by Chapter 9, Laws of Utah 1975, First
Special Session)
72-10-302, (Renumbered from 2-3-2, as last amended by Chapter 1, Laws of Utah 1973)
72-10-303, (Renumbered from 2-3-3, as last amended by Chapter 120, Laws of Utah 1994)
72-10-304, (Renumbered from 2-3-5, as last amended by Chapter 120, Laws of Utah 1994)
72-10-305, (Renumbered from 2-3-6, Utah Code Annotated 1953)
72-10-306, (Renumbered from 2-3-7, Utah Code Annotated 1953)
72-10-307, (Renumbered from 2-3-8, Utah Code Annotated 1953)
72-10-308, (Renumbered from 2-3-9, Utah Code Annotated 1953)
72-10-309, (Renumbered from 2-3-10, Utah Code Annotated 1953)
72-10-401, (Renumbered from 2-4-1, Utah Code Annotated 1953)
72-10-402, (Renumbered from 2-4-2, Utah Code Annotated 1953)
72-10-403, (Renumbered from 2-4-3, Utah Code Annotated 1953)
72-10-404, (Renumbered from 2-4-4, Utah Code Annotated 1953)
72-10-405, (Renumbered from 2-4-5, Utah Code Annotated 1953)
72-10-406, (Renumbered from 2-4-6, Utah Code Annotated 1953)
72-10-407, (Renumbered from 2-4-7, Utah Code Annotated 1953)
72-10-408, (Renumbered from 2-4-8, Utah Code Annotated 1953)
72-10-409, (Renumbered from 2-4-9, Utah Code Annotated 1953)
72-10-410, (Renumbered from 2-4-10, Utah Code Annotated 1953)
72-10-411, (Renumbered from 2-4-11, Utah Code Annotated 1953)
72-10-412, (Renumbered from 2-4-12, Utah Code Annotated 1953)
72-10-413, (Renumbered from 2-4-13, Utah Code Annotated 1953)
72-10-414, (Renumbered from 2-4-16, as enacted by Chapter 231, Laws of Utah 1988)
72-10-415, (Renumbered from 2-4-14, Utah Code Annotated 1953)
72-10-501, (Renumbered from 2-6-101, as enacted by Chapter 84, Laws of Utah 1993)
72-10-502, (Renumbered from 2-6-102, as last amended by Chapter 79, Laws of Utah 1996)
72-10-503, (Renumbered from 2-6-103, as enacted by Chapter 84, Laws of Utah 1993)
72-10-504, (Renumbered from 2-6-104, as enacted by Chapter 84, Laws of Utah 1993)
72-11-103, (Renumbered from 63-11-22, as last amended by Chapter 9, Laws of Utah 1975, First
Special Session)
72-11-104, (Renumbered from 63-11-23, as last amended by Chapter 320, Laws of Utah 1983)
72-11-105, (Renumbered from 63-11-24, as last amended by Chapter 9, Laws of Utah 1975, First
Special Session)
72-11-106, (Renumbered from 63-11-25, as last amended by Chapter 320, Laws of Utah 1983)
72-11-107, (Renumbered from 63-11-26, as last amended by Chapter 320, Laws of Utah 1983)
72-11-108, (Renumbered from 63-11-27, as last amended by Chapter 9, Laws of Utah 1975, First
Special Session)
72-11-109, (Renumbered from 63-11-28, as last amended by Chapter 9, Laws of Utah 1975, First
Special Session)
72-11-110, (Renumbered from 63-11-29, as last amended by Chapter 61, Laws of Utah 1984)
72-11-111, (Renumbered from 63-11-30, as last amended by Chapter 320, Laws of Utah 1983)
72-11-112, (Renumbered from 63-11-31, as last amended by Chapter 9, Laws of Utah 1975, First
Special Session)
72-11-113, (Renumbered from 63-11-32, as last amended by Chapter 320, Laws of Utah 1983)
72-12-102, (Renumbered from 54-11-1, as last amended by Chapter 127, Laws of Utah 1991)
72-12-103, (Renumbered from 54-11-2, as last amended by Chapter 127, Laws of Utah 1991)
72-12-104, (Renumbered from 54-11-4, as last amended by Chapter 170, Laws of Utah 1996)
72-12-105, (Renumbered from 54-11-5, as last amended by Chapter 375, Laws of Utah 1997)
72-12-106, (Renumbered from 54-11-6, as enacted by Chapter 273, Laws of Utah 1981)
72-12-107, (Renumbered from 54-11-7, as last amended by Chapter 92, Laws of Utah 1987)
72-12-108, (Renumbered from 54-11-8, as enacted by Chapter 273, Laws of Utah 1981)
72-12-109, (Renumbered from 54-11-9, as enacted by Chapter 273, Laws of Utah 1981)
72-12-110, (Renumbered from 54-11-10, as last amended by Chapter 234, Laws of Utah 1993)
REPEALS:
2-2-15, Utah Code Annotated 1953
2-3-11, Utah Code Annotated 1953
2-4-15, Utah Code Annotated 1953
27-12-7, as last amended by Chapter 137, Laws of Utah 1991
27-12-9, as last amended by Chapter 137, Laws of Utah 1991
27-12-25, as last amended by Chapter 227, Laws of Utah 1993
27-12-86, as last amended by Chapter 137, Laws of Utah 1991
27-12-87, as last amended by Chapter 137, Laws of Utah 1991
27-12-102.1, as last amended by Chapter 227, Laws of Utah 1993
27-12-102.2, as last amended by Chapter 227, Laws of Utah 1993
27-12-102.3, as last amended by Chapter 227, Laws of Utah 1993
27-12-102.4, as last amended by Chapter 227, Laws of Utah 1993
27-12-102.5, as last amended by Chapter 227, Laws of Utah 1993
27-12-109.2, as last amended by Chapter 137, Laws of Utah 1991
27-12-109.3, as last amended by Chapter 137, Laws of Utah 1991
27-12-111, as enacted by Chapter 39, Laws of Utah 1963
27-12-112, as enacted by Chapter 39, Laws of Utah 1963
27-12-113, as enacted by Chapter 39, Laws of Utah 1963
27-12-114, as enacted by Chapter 39, Laws of Utah 1963
27-12-115, as enacted by Chapter 39, Laws of Utah 1963
27-12-116, as enacted by Chapter 39, Laws of Utah 1963
27-12-118, as enacted by Chapter 39, Laws of Utah 1963
27-12-119, as enacted by Chapter 39, Laws of Utah 1963
27-12-120, as enacted by Chapter 39, Laws of Utah 1963
27-12-124, as enacted by Chapter 39, Laws of Utah 1963
27-12-136.1, as enacted by Chapter 51, Laws of Utah 1967
27-12-137, as last amended by Chapter 120, Laws of Utah 1994
27-12-137.1, as enacted by Chapter 52, Laws of Utah 1967
27-14-2, as enacted by Chapter 3, Laws of Utah 1975, First Special Session
27-15-1, as enacted by Chapter 9, Laws of Utah 1978
27-15-2, as enacted by Chapter 9, Laws of Utah 1978
27-16-101, as enacted by Chapter 6, Laws of Utah 1993, Second Special Session
27-17-703, as renumbered and amended by Chapter 170, Laws of Utah 1996
27-18-101, as enacted by Chapter 244, Laws of Utah 1997
63-49-2, as last amended by Chapters 12 and 120, Laws of Utah 1994
63-49-17, as enacted by Chapter 271, Laws of Utah 1977
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-7-20 is amended to read:
10-7-20. Definition -- Necessity for contract -- Call for bids -- Acceptance or rejection
-- Retainage escrow.
(1) As used in this section, the term "lowest responsible bidder" means any prime contractor
who:
(a) has bid in compliance with the invitation to bid and within the requirements of the plans
and specifications for a construction project;
(b) is the low bidder;
(c) has furnished a bid bond or equivalent in money as a condition to the award of a prime
contract; and
(d) furnishes a payment and performance bond as required by law.
(2) (a) Whenever the board of commissioners or city council of any city or the board of
trustees of any town contemplates making any new improvement to be paid for out of the general
funds of the city or town, the governing body shall cause plans and specifications for, and an
estimate of the cost of, the improvement to be made.
(b) If the estimated cost of the improvement is less than $25,000, the city or town may make
the improvement without calling for bids for making the same.
(c) (i) If the estimated cost of the proposed improvement exceeds $25,000, the city or town
shall, if it determines to make the improvement, do so by contract let to the lowest responsible bidder
after publication of notice at least twice in a newspaper published or of general circulation in that
city or town at least five days prior to the opening of bids.
(ii) If there is no newspaper published or of general circulation in the city or town, the notice
shall be posted at least five days prior to the opening of bids in at least five public places in the city
or town. The notice shall remain posted for at least three days.
(d) If the cost of a contemplated improvement exceeds the sum of $25,000, the same shall
not be so divided as to permit the making of such improvement in several parts, except by contract.
(e) (i) The governing body has the right to reject any or all bids presented, and all notices
calling for bids shall so state.
(ii) If all bids are rejected and the governing body decides to make the improvement, it shall
advertise anew in the same manner as before.
(iii) If after twice advertising as provided in this section, no bid is received that is
satisfactory, the governing body may proceed under its own direction to make the improvement.
(3) (a) If any payment on a contract with a private person, firm, or corporation is retained
or withheld, it shall be placed in an interest-bearing account and the interest shall accrue for the
benefit of the contractor and subcontractors to be paid after the project is completed and accepted
by the board of commissioners or city council of the city, or the board of trustees of the town.
(b) It is the responsibility of the contractor to ensure that any interest accrued on the
retainage is distributed by the contractor to subcontractors on a pro rata basis.
(4) (a) Cities and towns are not required to call for bids or let contracts for the conduct or
management of any of the departments, business, or property of the city or town, for lowering or
repairing water mains or sewers, making connections with water mains or sewers, or for grading,
repairing, or maintaining streets, sidewalks, bridges, culverts, or conduits in any city or town.
(b) Work excluded under this Subsection (4) shall comply with Section [
72-6-108 as applicable.
Section 2. Section 10-9-404 is amended to read:
10-9-404. Temporary regulations.
(1) (a) A municipal legislative body may, without a public hearing, enact an ordinance
establishing a temporary zoning regulation for any part or all of the area within the municipality if:
(i) the legislative body makes a finding of compelling, countervailing public interest; or
(ii) the area is unzoned.
(b) A temporary zoning regulation under Subsection (1)(a) may prohibit or regulate the
erection, construction, reconstruction, or alteration of any building or structure or subdivision
approval.
(c) A temporary zoning regulation under Subsection (1)(a) may not impose an impact fee
or other financial requirement on building or development.
(2) The municipal legislative body shall establish a period of limited effect for the ordinance
not to exceed six months.
(3) (a) A municipal legislative body may, without a public hearing, enact an ordinance
establishing a temporary zoning regulation prohibiting construction, subdivision approval, and other
development activities within an area that is the subject of an Environmental Impact Statement or
a Major Investment Study examining the area as a proposed highway or transportation corridor.
(b) A zoning regulation under Subsection (3)(a):
(i) may not exceed six months in duration;
(ii) may be renewed, if requested by the Utah Transportation Commission created under
Section [
the expiration of the previous zoning regulation; and
(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
Environmental Impact Statement or Major Investment Study is in progress.
Section 3. Section 11-14-17.5 is amended to read:
11-14-17.5. Revenue bonds payable out of excise tax revenues -- Class B and C road
funds.
(1) To the extent constitutionally permissible, cities, towns, or counties may issue bonds
payable solely from a special fund into which are to be deposited excise taxes levied and collected
by the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
city, town, or county, or any combination of those excise taxes, or may pledge all or any part thereof
as an additional source of payment for their general obligation bonds. For purposes of this section,
excise tax revenues include class B and class C road funds apportioned to counties, cities, and towns
under Section [
(2) Any resolution authorizing the issuance of bonds payable in whole or in part from the
proceeds of excise tax revenues may contain covenants with the holder or holders of the bonds as
to the excise tax revenues, the disposition of the excise tax revenues, the issuance of future bonds,
and other pertinent matters as may be deemed necessary by the governing body to assure the
marketability of those bonds, provided the covenants are not inconsistent with the provisions of this
chapter. Such resolution may also include provisions to insure the enforcement, collection, and
proper application of excise tax revenues as the governing body may think proper. The proceeds of
bonds payable in whole or in part from pledged class B or C road funds shall be used to construct,
repair, and maintain streets and roads in accordance with Sections [
[
When any bonds payable from excise tax revenues have been issued, the resolution or other
enactment of the governing body imposing the excise tax and pursuant to which the tax is being
collected, the obligation of the governing body to continue to levy, collect, and allocate the excise
tax, and to apply the revenues derived therefrom in accordance with the provisions of the authorizing
resolution or other enactment, shall be irrevocable until the bonds have been paid in full as to both
principal and interest, and is not subject to amendment in any manner which would impair the rights
of the holders of those bonds or which would in any way jeopardize the timely payment of principal
or interest when due.
(3) The state pledges to and agrees with the holders of any bonds issued by a city, town, or
county to which the proceeds of excise taxes collected by the state and rebated to the city, town, or
county are devoted or pledged as authorized in this section, that the state will not alter, impair, or
limit the excise taxes in a manner that reduces the amounts to be rebated to the city, town, or county
which are devoted or pledged as authorized in this section until the bonds or other securities, together
with applicable interest, are fully met and discharged. Nothing in this section may preclude such
alteration, impairment, or limitation if adequate provision is made by law for the protection of the
holders of the bonds. Each city, town, or county may include this pledge and undertaking for the
state in those bonds.
(4) The outstanding bonds to which excise tax revenues have been pledged as the sole source
of payment may not at any one time exceed an amount for which the average annual installments
of principal and interest will exceed 80% of the total excise tax revenues received by the issuing
entity from the collection or rebate of the excise tax revenues during the fiscal year of the issuing
entity immediately preceding the fiscal year in which the resolution authorizing the issuance of
bonds is adopted.
(5) Bonds issued solely from a special fund into which are to be deposited excise tax
revenues constitutes a borrowing solely upon the credit of the excise tax revenues received or to be
received by the city, town, or county and does not constitute an indebtedness or pledge of the general
credit of the city, town, or county. To the extent constitutionally permissible, such bonds are not
subject to the limitations of Article XIV, Utah Constitution nor to any statutory provisions
implementing that article.
Section 4. Section 17-27-404 is amended to read:
17-27-404. Temporary regulations.
(1) (a) A county legislative body may, without a public hearing, enact an ordinance
establishing a temporary zoning regulation for any part or all of the area within the county if:
(i) the legislative body makes a finding of compelling, countervailing public interest; or
(ii) the area is unzoned.
(b) A temporary zoning regulation under Subsection (1)(a) may prohibit, restrict, or regulate
the erection, construction, reconstruction, or alteration of any building or structure or subdivision
approval.
(c) A temporary zoning regulation under Subsection (1)(a) may not impose an impact fee
or other financial requirement on building or development.
(2) The county legislative body shall establish a period of limited effect for the temporary
ordinance not to exceed six months.
(3) (a) A county legislative body may, without a public hearing, enact an ordinance
establishing a temporary zoning regulation prohibiting construction, subdivision approval, and other
development activities within an area that is the subject of an Environmental Impact Statement or
a Major Investment Study examining the area as a proposed highway or transportation corridor.
(b) A zoning regulation under Subsection (3)(a):
(i) may not exceed six months in duration;
(ii) may be renewed, if requested by the Utah Transportation Commission created under
Section [
the expiration of the previous zoning regulation; and
(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
Environmental Impact Statement or Major Investment Study is in progress.
Section 5. Section 17A-3-208 is amended to read:
17A-3-208. Contract required for improvement -- Bidding requirements -- Exceptions.
(1) Except as otherwise provided in this section, improvements in a special improvement
district shall be made only under contract duly let to the lowest responsible bidder for the kind of
service or material or form of construction which may be desired. The improvements may be
divided into parts, and separate contracts let for each part, or several parts may be combined in the
same contract. A contract may be let on a unit basis. A contract shall not be let until a notice to
contractors that sealed bids for the construction of the improvements will be received by the
governing body at a specified time and place, and this notice has been published at least one time
in a newspaper having general circulation in the county at least 15 days before the date specified for
the receipt of bids. If by inadvertence or oversight, the notice is not published or is not published
for a sufficient period of time prior to the receipt of bids, the governing body, however, may still
proceed to let a contract for the improvements if at the time specified for the receipt of bids it has
received not less than three sealed and bona fide bids from contractors. If, under the construction
contract, periodic payments for work performed are to be made by the issuance of interim warrants,
this fact shall be disclosed in the notice to contractors. The notice to contractors may be published
simultaneously with the notice of intention.
(2) The governing body, or its designated agent, shall at the time specified in the notice,
open, examine, and publicly declare the bids. From these bids, the governing body may award a
contract to the lowest, responsible bidder if that party's bid is responsive to the request for proposal
or invitation to bid; but the governing body shall not be obligated or required to award a contract to
any bidder and may reject any or all bids. In the event no bids are received or no responsive or
acceptable bids are received after one public invitation to bid, the governing body may take any of
the following actions:
(a) publicly re-bid the project using the original plans, specifications, cost estimates, and
contract documents;
(b) negotiate a contract privately using the original project plans, specifications, cost
estimates, and contract documents;
(c) publicly re-bid the project after revising the original plans, specifications, cost estimates,
or contract documents;
(d) cancel the project;
(e) abandon or dissolve the improvement district; or
(f) perform the project work with the governing entity's work forces and be reimbursed for
this work out of the special assessments levied.
(3) A contract need not be let for any improvement or part of any improvement the cost of
which or the making of which is donated or contributed by any individual, corporation, the county,
a municipality, the state of Utah, the United States, or any political subdivision of the state of Utah
or of the United States. These donations or contributions may be accepted by the governing entity,
but no assessments shall be levied against the property in the district for the amount of the donations
or contributions.
(4) A contract need not be let as provided in this section where the improvements consist
of the furnishing of utility services or maintenance of improvements. This work may be done by the
governing entity itself. Assessments may be levied for the actual cost incurred by the governing
entity for the furnishing of these services or maintenance, or in case the work is done by the
governing entity, to reimburse the governing entity for the reasonable cost of supplying the services
or maintenance.
(5) A contract need not be let as provided in this section where any labor, materials, or
equipment to make any of the improvements are supplied by the governing entity. Assessments may
be levied to reimburse the governing entity for the reasonable cost of supplying such labor, materials
or equipment. The provisions of Sections 17-15-3 and [
improvements to be placed in a special improvement district created under this part.
Section 6. Section 31A-22-1300 is amended to read:
31A-22-1300. Aircraft liability insurance.
Subsections [
Section 7. Section 31A-22-1302 is amended to read:
31A-22-1302. Insurance requirements for vehicles of unusual physical nature.
Section [
unusual physical nature.
Section 8. Section 31A-22-1303 is amended to read:
31A-22-1303. Liability insurance for motor carriers.
Motor carrier safety regulations adopted under Section [
insurance for motor carriers.
Section 9. Section 32A-9-106 is amended to read:
32A-9-106. Operational restrictions.
Each person granted a warehousing license and the employees and management of the
licensee shall abide by the following conditions and requirements. Failure to comply may result in
a suspension or revocation of the license, or other disciplinary action taken against individual
employees or management personnel:
(1) All liquor warehoused in this state and sold to out-of-state consignees, shall be
transported out of the state only by a motor carrier regulated under Title [
Motor Carrier Safety Act.
(2) All liquor warehoused in this state and sold to the department shall be transported by
motor carriers approved by the department.
(3) All liquor transported to or from the licensee's premises shall be carried in sealed
conveyances that are made available for inspection by the department while en route within the state.
(4) A licensee may not ship, convey, distribute, or remove liquor from any warehouse in less
than full case lots.
(5) A licensee may not ship, convey, distribute, or remove any liquor from a warehouse to
any consignee outside the state that is not licensed as a liquor wholesaler or retailer by the state in
which the consignee is domiciled.
(6) A licensee may not receive, warehouse, ship, distribute, or convey any liquor that the
commission has not authorized the licensee to handle through its warehouse.
(7) Each licensee shall maintain accounting and other records and documents as the
department may require. Any licensee or person acting for the licensee, who knowingly forges,
falsifies, alters, cancels, destroys, conceals, or removes the entries in any of the books of account
or other documents of the licensee required to be made, maintained, or preserved by this title or the
rules of the commission for the purpose of deceiving the commission, council, or department, or any
of their officials or employees, is subject to the immediate suspension or revocation of the license
and possible criminal prosecution under Chapter 12.
(8) There shall be no transfer of a liquor warehousing license from one location to another,
without prior written approval of the commission.
Section 10. Section 41-1a-109 is amended to read:
41-1a-109. Grounds for division refusing registration or certificate of title.
(1) The division shall refuse registration or issuance of a certificate of title or any transfer
of registration upon any of the following grounds:
(a) the application contains any false or fraudulent statement;
(b) the applicant has failed to furnish required information or reasonable additional
information requested by the division;
(c) the applicant is not entitled to the issuance of a certificate of title or registration of the
vehicle under this chapter;
(d) the division has reasonable grounds to believe that the vehicle is a stolen vehicle or that
the granting of registration or the issuance of a certificate of title would constitute a fraud against
the rightful owner or other person having a valid lien upon the vehicle;
(e) the registration of the vehicle is suspended or revoked for any reason provided in the
motor vehicle laws of this state; or
(f) the required fee has not been paid.
(2) The division shall also refuse registration or any transfer of registration if the vehicle is
mechanically unfit or unsafe to be operated or moved upon the highways.
(3) The division shall refuse registration or any transfer of registration of a vehicle upon
notification by the Department of Transportation that the vehicle or owner is not in compliance with
Title [
Section 11. Section 41-1a-110 is amended to read:
41-1a-110. Authority of division to suspend or revoke registration, certificate of title,
license plate, or permit.
(1) Except as provided in Subsections (2) and (3) the division may suspend or revoke a
registration, certificate of title, license plate, or permit if:
(a) the division is satisfied that a registration, certificate of title, license plate, or permit was
fraudulently procured or erroneously issued;
(b) the division determines that a registered vehicle is mechanically unfit or unsafe to be
operated or moved upon the highways;
(c) a registered vehicle has been dismantled;
(d) the division determines that the required fee has not been paid and the fee is not paid
upon reasonable notice and demand;
(e) a registration decal, license plate, or permit is knowingly displayed upon a vehicle other
than the one for which issued;
(f) the division determines that the owner has committed any offense under this chapter
involving the registration, certificate of title, registration card, license plate, registration decal, or
permit; or
(g) the division receives notification by the Department of Transportation that the owner has
committed any offence under Title [
(2) The division may not suspend or revoke the registration of a vessel or outboard motor
unless authorized under Section 73-18-7.3 .
(3) The division may not suspend or revoke the registration of an off-highway vehicle unless
authorized under Section 41-22-17 .
Section 12. Section 41-1a-1101 is amended to read:
41-1a-1101. Seizure -- Circumstances where permitted.
(1) The division or any peace officer, without a warrant, may seize and take possession of
any vehicle, vessel, or outboard motor:
(a) that the division or the peace officer has reason to believe has been stolen;
(b) on which any identification number has been defaced, altered, or obliterated;
(c) that has been abandoned on the public highways;
(d) for which the applicant has written a check for registration or title fees that has not been
honored by the applicant's bank and that is not paid within 30 days;
(e) that is placed on the water with improper registration; or
(f) that is being operated on a highway:
(i) with registration that has been expired for more than three months;
(ii) having never been properly registered by the current owner; or
(iii) with registration that is suspended or revoked.
(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized
to transport and store the vessel.
(3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
under this section shall immediately notify the division of the action.
(4) A vehicle or vessel seized under this section shall be moved by a peace officer or by a
tow truck that meets the standards established:
(a) by the Department of Public Safety under Subsection 41-6-102 (4)(b); and
(b) under Title [
(5) (a) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, setting standards for impound yards that may be used by peace
officers and the division.
(b) The impound yard standards shall be equitable, reasonable, and unrestrictive as to the
number of impound yards per geographical area.
Section 13. Section 41-1a-1201 is amended to read:
41-1a-1201. Disposition of fees.
(1) All fees received and collected under this part shall be transmitted daily to the state
treasurer.
(2) Except as provided in Subsections (3), (4), and (6), and Subsection 41-1a-408 (8), all fees
collected under this part shall be deposited in the Transportation Fund.
(3) (a) Funds generated under Subsections 41-1a-1211 (1)(a), (7)(a), and (8) and Section
41-1a-1212 may be used by the commission as a dedicated credit to cover the costs incurred in
issuing license plates under Part 4, License Plates and Registration Indicia.
(b) Funds collected under Subsections 41-1a-1211 (3), (5)(b), and (5)(c), less the actual cost
incurred by the division in purchasing decals for special group license plates, shall be deposited in
the Transportation Fund.
(c) Fees for statehood centennial license plates shall be collected and deposited in the
Transportation Fund, less production and administrative costs incurred by the commission.
(d) Fees for Olympic special group license plates shall be collected and deposited as
provided under Section 41-1a-417 .
(4) All funds available to the commission for purchase and distribution of license plates and
decals are nonlapsing.
(5) Except as provided in Subsection (3) and Section 41-1a-1205 , the expenses of the
commission in enforcing and administering this part shall be provided for by legislative
appropriation from the revenues of the Transportation Fund.
(6) The following portions of the registration fees imposed under Section 41-1a-1206 for
each vehicle shall be deposited in the Centennial Highway Trust Fund created under Section
[
(a) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b), (2), and
(5);
(b) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i), (1)(c)(ii), and
(1)(d)(ii);
(c) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
(d) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
(e) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
Section 14. Section 41-6-17 is amended to read:
41-6-17. Regulatory powers of local authorities -- Traffic-control device affecting state
highway -- Necessity of erecting traffic-control devices.
(1) The provisions of this chapter do not prevent local authorities, with respect to highways
under their jurisdiction and within the reasonable exercise of police power, from:
(a) regulating or prohibiting stopping, standing, or parking;
(b) regulating traffic by means of peace officers or official traffic-control devices;
(c) regulating or prohibiting processions or assemblages on the highways;
(d) designating particular highways or roadways for use by traffic moving in one direction
under Section 41-6-60 ;
(e) establishing speed limits for vehicles in public parks, which supersede Section 41-6-48
regarding speed limits;
(f) designating any highway as a through highway or designating any intersection or junction
of roadways as a stop or yield intersection or junction;
(g) restricting the use of highways under Section [
(h) regulating the operation of bicycles and requiring the registration and inspection of them,
including requiring a registration fee;
(i) regulating or prohibiting the turning of vehicles or specified types of vehicles;
(j) altering or establishing speed limits under Section 41-6-48 ;
(k) requiring written accident reports under Section 41-6-42 ;
(l) designating no-passing zones under Section 41-6-59 ;
(m) prohibiting or regulating the use of controlled-access roadways by any class or kind of
traffic under Section 41-6-65 ;
(n) prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic
found to be incompatible with the normal and safe movement of traffic;
(o) establishing minimum speed limits under Subsection 41-6-49 (3);
(p) designating and regulating traffic on play streets;
(q) prohibiting pedestrians from crossing a highway in a business district or any designated
highway except in a crosswalk under Section 41-6-77 ;
(r) restricting pedestrian crossings at unmarked crosswalks under Section 41-6-82.10 ;
(s) regulating persons propelling push carts;
(t) regulating persons upon skates, coasters, sleds, skateboards, and other toy vehicles;
(u) adopting and enforcing temporary or experimental ordinances as necessary to cover
emergencies or special conditions;
(v) prohibiting drivers of ambulances from exceeding maximum speed limits;
(w) adopting other traffic ordinances as specifically authorized by this chapter.
(2) A local authority may not erect or maintain any official traffic-control device at any
location which requires the traffic on any state highway to stop before entering or crossing any
intersecting highway unless approval in writing has first been obtained from the Department of
Transportation.
(3) An ordinance enacted under Subsection (1) (d), (e), (f), (g), (i), (j), (l), (m), (n), (p), or
(r) is not effective until official traffic-control devices giving notice of the local traffic ordinances
are erected upon or at the entrances to the highway or part of it affected as is appropriate.
Section 15. Section 41-6-44.30 is amended to read:
41-6-44.30. Seizure and impoundment of vehicles by peace officers -- Impound
requirements -- Removal of vehicle by owner.
(1) (a) If a peace officer arrests or cites the operator of a vehicle for violating Section
41-6-44 or 41-6-44.10 , or a local ordinance similar to Section 41-6-44 which complies with
Subsection 41-6-43 (1), the officer shall:
(i) seize and impound the vehicle, except as provided under Subsection (2); and
(ii) remove and seize or cause to be removed or seized, the vehicle's license plates and
registration materials if the operator is a registered owner of the vehicle.
(b) A vehicle seized and impounded under this section shall be moved by a peace officer or
by a tow truck that meets the standards established:
(i) by the department under Subsection 41-6-102 (4)(b); and
(ii) under Title [
(2) If the operator is not a registered owner of the vehicle, and if a registered owner of the
vehicle, other than the operator, is present at the time of arrest, the officer may release the vehicle
to that registered owner, but only if the registered owner:
(a) requests to remove the vehicle from the scene;
(b) presents to the officer a valid operator's license and sufficient identification to prove
ownership of the vehicle;
(c) complies with all restrictions of his operator's license; and
(d) would not, in the judgment of the officer, be in violation of Section 41-6-44 or
41-6-44.10 , or a local ordinance similar to Section 41-6-44 which complies with Subsection 41-6-43
(1), if permitted to operate the vehicle, and if the vehicle itself is legally operable.
(3) (a) The peace officer or agency by whom the officer is employed shall, within 24 hours
after the seizure, notify the Motor Vehicle Division of the seizure and impoundment and within five
days forward any license plates and registration materials seized to the Motor Vehicle Division.
(b) The notice shall state:
(i) the operator's name;
(ii) a description of the vehicle;
(iii) its identification number, if any;
(iv) its license number;
(v) the license plates and registration materials that were seized, if any;
(vi) the date, time, and place of impoundment;
(vii) the reason for impoundment; and
(viii) the name of the garage or place where the vehicle is stored.
(4) Upon receipt of notice, the Motor Vehicle Division shall:
(a) revoke the registration for the vehicle and not allow that vehicle to be registered with the
operator as a registered owner until allowed under this section; and
(b) give notice to the registered owner of the vehicle in the manner prescribed by Section
41-1a-114 . The notice shall:
(i) state the date, time, and place of impoundment, the name of the person operating the
vehicle at the time of seizure, if applicable, the reason for seizure and impoundment, and the name
of the garage or place where the vehicle is stored;
(ii) state that the registered owner is responsible for payment of towing, impound, and
storage fees charged against the vehicle;
(iii) inform the registered owner of the vehicle of the conditions under Subsection (5) that
must be satisfied before the vehicle is released; and
(iv) state if the license plates and registration materials were seized:
(A) how to get a temporary registration effective for only 29 days;
(B) basic information regarding how to obtain a prompt hearing before the Driver License
Division regarding the person's driver license suspension; and
(C) that an order from that hearing will also apply to the vehicle's registration revocation.
(5) (a) The impounded vehicle shall be released after the registered owner or the owner's
agent:
(i) makes a claim in person for release of the vehicle at any office of the State Tax
Commission;
(ii) pays an administrative impound fee of $100;
(iii) presents identification sufficient to prove ownership of the impounded vehicle; and
(iv) pays all towing and storage fees to the impound lot where the vehicle is stored.
(b) $25 of the impound fees assessed under this subsection are dedicated credits to the Motor
Vehicle Division and the remainder shall be deposited in the General Fund.
(6) (a) A registration for the vehicle may not be issued to the person for 120 days from the
date of the revocation and until the person applies to the Motor Vehicle Division for a new
registration in compliance with the requirements under Title 41, Chapter 1a, Part 2, Registration,
including obtaining the inspections and paying the fees required for a new registration.
(b) If the person successfully appeals the suspension of the driver's license under Section
53-3-223 or 53-3-224 , then the person shall receive a new registration that shall expire on the same
date as the registration that was revoked for no additional fees.
(7) An impounded vehicle not claimed by the registered owner or the owner's agent within
the time prescribed by Section 41-1a-1103 shall be sold in accordance with that section and the
proceeds, if any, disposed of under Section 41-1a-1103 . The date of impoundment is considered the
date of seizure for computing the time period provided in Section 41-1a-1103 .
(8) The registered owner of the vehicle upon the payment of all fees and charges incurred
in the seizure and impoundment of the owner's vehicle has a cause of action for all the fees and
charges, together with damages, court costs, and attorney fees, against the operator of the vehicle
whose actions caused the impoundment.
(9) Liability may not be imposed upon any peace officer, the state, or any of its political
subdivisions on account of the enforcement of this section.
Section 16. Section 41-6-48 is amended to read:
41-6-48. Speed limits established by counties and municipalities.
(1) A county or municipality may determine the reasonable and safe speed limit for each
highway or section of highway under its jurisdiction as specified under Title [
3, Highway [
accordance with the provisions of Section 41-6-47 .
(2) In accordance with Section 41-6-47 , the Department of Transportation is responsible for
establishing speed limits on state highways whether the highways are within or without the corporate
limits of any municipality as specified under [
72-3-109 .
Section 17. Section 41-6-102 is amended to read:
41-6-102. Peace officer authorized to move vehicle.
(1) If a peace officer finds a vehicle in violation of Section 41-6-101 , the officer may move
the vehicle, cause the vehicle to be moved, or require the driver or other person responsible for the
vehicle to move the vehicle to a safe position off the highway.
(2) A peace officer may remove or cause to be removed to a place of safety any unattended
vehicle left standing upon any highway in violation of this article or in a position or under
circumstances that the vehicle obstructs the normal movement of traffic.
(3) A peace officer may remove or cause to be removed to the nearest garage or other place
of safety any vehicle found upon a highway when:
(a) the vehicle has been reported stolen or taken without the consent of its owner;
(b) the person responsible for the vehicle is unable to provide for its custody or removal; or
(c) the person operating the vehicle is arrested for an alleged offense for which the peace
officer is required by law to take the person arrested before a proper magistrate without unnecessary
delay.
(4) (a) A peace officer who causes to be removed a vehicle under this section shall have the
vehicle removed by a tow truck service that meets standards established:
(i) by the department under Subsection (b);
(ii) under Title [
(b) The department shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, setting the performance standards for towing companies to be used
by the department.
Section 18. Section 41-6-114 is amended to read:
41-6-114. Destructive or injurious materials on highways, parks, recreation areas,
waterways or other public or private lands -- Throwing lighted material from moving vehicle
-- Enforcement officers -- Litter receptacles required.
[
dropped, thrown, deposited, or discarded upon any public road, highway, park, recreation area or
other public or private land, or waterway, any glass bottle, glass, nails, tacks, wire, cans, barbed wire,
boards, trash or garbage, paper or paper products, or any other substance which would or could mar
or impair the scenic aspect or beauty of such land in the state of Utah whether under private, state,
county, municipal, or federal ownership without the permission of the owner, or person having
control or custody of the land.
[
thrown, deposited or discarded, upon any public road, highway, park, recreation area or other public
or private land or waterway any destructive, injurious or unsightly material shall immediately
remove the same or cause it to be removed and deposit the material in a receptacle designed to
receive such material.
[
take whatever measures are reasonably necessary to keep such material from littering public or
private property or public roadways.
[
park, recreation area or other public or private land shall remove any glass or other injurious
substance dropped upon the road or highway or in the park, recreation area or other public or private
land from such vehicle.
[
[
secure such cargo in such a reasonable manner as will prevent the cargo from littering or spilling on
both public and private property or public roadways except as provided in Section [
72-7-409 .
[
are reasonably necessary to prevent the accumulation of litter at the construction or demolition site.
[
officers of incorporated cities and towns, sheriffs and their deputies, deputy state fire wardens, state
capitol security officers, and other officers of the state of Utah, within their jurisdiction shall enforce
the provisions of this section. Each such officer is empowered to issue citations to any person
violating any of the provisions of this section, and may serve and execute all warrants, citations and
other process issued by any court in enforcing this section.
[
service station, shopping center, grocery store parking lot, tavern parking lot, parking lots of
industrial firms, marina, boat launching area, boat moorage and fueling station, public and private
pier, beach, and bathing area shall maintain sufficient litter receptacles on said premises to
accommodate the litter that accumulates there.
[
cities and towns shall have power to enact local ordinances to effectuate and carry out each and every
provision of this section.
Section 19. Section 41-6-148.20 is amended to read:
41-6-148.20. Child restraint device required -- Violation as infraction -- Dismissal of
charge -- Failure not admissible as to negligence.
(1) As used in this section:
(a) "Motor vehicle" means a vehicle defined in Section 41-1a-102 ; except authorized
emergency vehicles defined in Sections 41-6-1 and 41-6-1.5 , mopeds, campers, sleepers,
motorcycles, motor homes, school buses, taxicabs, vehicles owned, operated, or leased by a public
transit district, commercial vehicles as defined in Section [
weigh over 10,000 pounds gross weight and are not equipped with seat belts by the manufacturer.
(b) "Seating position" means any area within the passenger compartment of a motor vehicle
in which the manufacturer has installed seat belts.
(2) A driver transporting a child in a motor vehicle shall:
(a) provide for the protection of a child younger than two years of age by using a child
restraint device approved by the commissioner of public safety to restrain the child in the manner
prescribed by the manufacturer of the device; and
(b) provide for the protection of a child two years of age up to ten years of age by using an
appropriate child restraint device or a safety belt approved by the commissioner of public safety to
restrain the child in the manner prescribed by the manufacturer of the device.
(3) Subsection (2) does not apply if all seating positions are occupied by other passengers.
(4) (a) A driver convicted of a violation of this section is guilty of an infraction and shall be
fined not more than $75 per offense.
(b) The court in which a charge is pending for a first violation of this section shall dismiss
the action against a driver who, during or before any court appearance on the matter, submits proof
of acquisition, rental, or purchase of a child restraint device or safety belt as required by Subsection
(2).
(5) Failure to provide and use a child restraint device or safety belt to restrain a child as
required under this section may not be considered comparative negligence, nor is the failure to
provide and use the restraint device or safety belt admissible as evidence in the trial of a civil action
with regard to negligence.
Section 20. Section 53-3-402 is amended to read:
53-3-402. Definitions.
As used in this part:
(1) "Alcohol" means any substance containing any form of alcohol, including ethanol,
methanol, propanol, and isopropanol.
(2) "Alcohol concentration" means the number of grams of alcohol per:
(a) 100 milliliters of blood;
(b) 210 liters of breath; or
(c) 67 milliliters of urine.
(3) "Commercial driver instruction permit" or "CDIP" means a permit issued under Section
53-3-408 .
(4) "Commercial driver license information system" or "CDLIS" means the information
system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle Safety Act of
1986, as a clearinghouse for information related to the licensing and identification of commercial
motor vehicle drivers.
(5) "Controlled substance" means any substance so classified under Section 102(6) of the
Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on the current
Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to time.
(6) "Employee" means any driver of a commercial motor vehicle, including:
(a) full-time, regularly employed drivers;
(b) casual, intermittent, or occasional drivers;
(c) leased drivers; and
(d) independent, owner-operator contractors while in the course of driving a commercial
motor vehicle who are either directly employed by or under lease to an employer.
(7) "Employer" means any individual or person including the United States, a state, or a
political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an
individual to drive a commercial motor vehicle.
(8) "Felony" means any offense under state or federal law that is punishable by death or
imprisonment for a term of more than one year.
(9) "Foreign jurisdiction" means any jurisdiction other than the United States or a state of
the United States.
(10) "Gross vehicle weight rating" or "GVWR" means the value specified by the
manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or
articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed units
and the loads on those units.
(11) "Hazardous material" has the same meaning as defined under Section 103, 49 App.
U.S.C. 1801 et seq., Hazardous Materials Transportation Act.
(12) "NDR" means the National Driver Register.
(13) "Nonresident CDL" means a commercial driver license issued by a state to an individual
who resides in a foreign jurisdiction.
(14) "Out-of-service order" means a temporary prohibition against driving a commercial
motor vehicle.
(15) "Port-of-entry agent" has the same meaning as provided in Section [
(16) "Serious traffic violation" means a conviction of any of the following:
(a) speeding 15 or more miles per hour above the posted speed limit;
(b) reckless driving as defined by state or local law;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely;
(e) any other motor vehicle traffic law which arises in connection with a fatal traffic
accident;
(f) all other violations under Section 53-3-220 for which mandatory suspension or revocation
are required.
(17) "State" means a state of the United States, the District of Columbia, any province or
territory of Canada, or Mexico.
(18) "United States" means the 50 states and the District of Columbia.
Section 21. Section 59-12-102 is amended to read:
59-12-102. Definitions.
As used in this chapter:
(1) (a) "Admission or user fees" includes season passes.
(b) "Admission or user fees" does not include annual membership dues to private
organizations.
(2) "Authorized carrier" means:
(a) in the case of vehicles operated over public highways, the holder of credentials indicating
that the vehicle is or will be operated pursuant to both the International Registration Plan (IRP) and
the International Fuel Tax Agreement (IFTA);
(b) in the case of aircraft, the holder of a Federal Aviation Administration (FAA) operating
certificate or air carrier's operating certificate; or
(c) in the case of locomotives, freight cars, railroad work equipment, or other rolling stock,
the holder of a certificate issued by the United States Interstate Commerce Commission.
(3) (a) For purposes of Subsection 59-12-104 (44), "coin-operated amusement device" means:
(i) a coin-operated amusement, skill, or ride device;
(ii) that is not controlled through vendor-assisted, over-the-counter, sales of tokens; and
(iii) includes a music machine, pinball machine, billiard machine, video game machine,
arcade machine, and a mechanical or electronic skill game or ride.
(b) For purposes of Subsection 59-12-104 (44), "coin-operated amusement device" does not
mean a coin-operated amusement device possessing a coinage mechanism that:
(i) accepts and registers multiple denominations of coins; and
(ii) allows the vendor to collect the sales and use tax at the time an amusement device is
activated and operated by a person inserting coins into the device.
(4) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other fuels that
does not constitute industrial use under Subsection (10) or residential use under Subsection (17).
(5) (a) "Common carrier" means a person engaged in or transacting the business of
transporting passengers, freight, merchandise, or other property for hire within this state.
(b) (i) "Common carrier" does not include a person who, at the time the person is traveling
to or from that person's place of employment, transports a passenger to or from the passenger's place
of employment.
(ii) For purposes of Subsection (5)(b)(i), in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, the commission may make rules defining what constitutes a
person's place of employment.
(6) "Component part" includes:
(a) poultry, dairy, and other livestock feed, and their components;
(b) baling ties and twine used in the baling of hay and straw;
(c) fuel used for providing temperature control of orchards and commercial greenhouses
doing a majority of their business in wholesale sales, and for providing power for off-highway type
farm machinery; and
(d) feed, seeds, and seedlings.
(7) "Construction materials" means any tangible personal property that will be converted into
real property.
(8) (a) "Fundraising sales" means sales:
(i) (A) made by a public or private elementary or secondary school; or
(B) made by a public or private elementary or secondary school student, grades kindergarten
through 12;
(ii) that are for the purpose of raising funds for the school to purchase equipment, materials,
or provide transportation; and
(iii) that are part of an officially sanctioned school activity.
(b) For purposes of Subsection (8)(a)(iii), "officially sanctioned school activity" means a
school activity:
(i) that is conducted in accordance with a formal policy adopted by the school or school
district governing the authorization and supervision of fundraising activities;
(ii) that does not directly or indirectly compensate an individual teacher or other educational
personnel by direct payment, commissions, or payment in kind; and
(iii) the net or gross revenues from which are deposited in a dedicated account controlled
by the school or school district.
(9) (a) "Home medical equipment and supplies" means equipment and supplies that:
(i) a licensed physician prescribes or authorizes in writing as necessary for the treatment of
a medical illness or injury or as necessary to mitigate an impairment resulting from illness or injury;
(ii) are used exclusively by the person for whom they are prescribed to serve a medical
purpose; and
(iii) are listed as eligible for payment under Title 18 of the federal Social Security Act or
under the state plan for medical assistance under Title 19 of the federal Social Security Act.
(b) "Home medical equipment and supplies" does not include:
(i) equipment and supplies purchased by, for, or on behalf of any health care facility, as
defined in Subsection (9)(c), doctor, nurse, or other health care provider for use in their professional
practice;
(ii) eyeglasses, contact lenses, or equipment to correct impaired vision; or
(iii) hearing aids or hearing aid accessories.
(c) For purposes of Subsection (9)(b)(i), "health care facility" includes:
(i) a clinic;
(ii) a doctor's office; and
(iii) a health care facility as defined in Section 26-21-2 .
(10) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or other
fuels in:
(a) mining or extraction of minerals;
(b) agricultural operations to produce an agricultural product up to the time of harvest or
placing the agricultural product into a storage facility, including:
(i) commercial greenhouses;
(ii) irrigation pumps;
(iii) farm machinery;
(iv) implements of husbandry as defined in Subsection 41-1a-102 (23) that are not registered
under Title 41, Chapter 1a, Part 2, Registration; and
(v) other farming activities; and
(c) manufacturing tangible personal property at an establishment described in SIC Codes
2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal Executive Office
of the President, Office of Management and Budget.
(11) "Manufactured home" means any manufactured home or mobile home as defined in
Title 58, Chapter 56, Utah Uniform Building Standards Act.
(12) For purposes of Subsection 59-12-104 (15), "manufacturing facility" means:
(a) an establishment described in SIC Codes 2000 to 3999 of the 1987 Standard Industrial
Classification Manual of the federal Executive Office of the President, Office of Management and
Budget; or
(b) a scrap recycler if:
(i) from a fixed location, the scrap recycler utilizes machinery or equipment to process one
or more of the following items into prepared grades of processed materials for use in new products:
(A) iron;
(B) steel;
(C) nonferrous metal;
(D) paper;
(E) glass;
(F) plastic;
(G) textile; or
(H) rubber; and
(ii) the new products under Subsection (12)(b)(i) would otherwise be made with nonrecycled
materials.
(13) (a) "Medicine" means:
(i) insulin, syringes, and any medicine prescribed for the treatment of human ailments by
a person authorized to prescribe treatments and dispensed on prescription filled by a registered
pharmacist, or supplied to patients by a physician, surgeon, or podiatric physician;
(ii) any medicine dispensed to patients in a county or other licensed hospital if prescribed
for that patient and dispensed by a registered pharmacist or administered under the direction of a
physician; and
(iii) any oxygen or stoma supplies prescribed by a physician or administered under the
direction of a physician or paramedic.
(b) "Medicine" does not include:
(i) any auditory, prosthetic, ophthalmic, or ocular device or appliance; or
(ii) any alcoholic beverage.
(14) (a) "Other fuels" means products that burn independently to produce heat or energy.
(b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible personal
property.
(15) "Person" includes any individual, firm, partnership, joint venture, association,
corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city, municipality,
district, or other local governmental entity of the state, or any group or combination acting as a unit.
(16) "Purchase price" means the amount paid or charged for tangible personal property or
any other taxable item or service under Subsection 59-12-103 (1), excluding only cash discounts
taken or any excise tax imposed on the purchase price by the federal government.
(17) "Residential use" means the use in or around a home, apartment building, sleeping
quarters, and similar facilities or accommodations.
(18) (a) "Retail sale" means any sale within the state of tangible personal property or any
other taxable item or service under Subsection 59-12-103 (1), other than resale of such property, item,
or service by a retailer or wholesaler to a user or consumer.
(b) "Retail sale" includes sales by any farmer or other agricultural producer of poultry, eggs,
or dairy products to consumers if the sales have an average monthly sales value of $125 or more.
(c) "Retail sale" does not include, and no additional sales or use tax shall be assessed against,
those transactions where a purchaser of tangible personal property pays applicable sales or use taxes
on its initial nonexempt purchases of property and then enters into a sale-leaseback transaction by
which title to such property is transferred by the purchaser-lessee to a lessor for consideration,
provided:
(i) the transaction is intended as a form of financing for the property to the purchaser-lessee;
and
(ii) pursuant to generally accepted accounting principles, the purchaser-lessee is required to
capitalize the subject property for financial reporting purposes, and account for the lease payments
as payments made under a financing arrangement.
(19) (a) "Retailer" means any person engaged in a regularly organized retail business in
tangible personal property or any other taxable item or service under Subsection 59-12-103 (1), and
who is selling to the user or consumer and not for resale.
(b) "Retailer" includes commission merchants, auctioneers, and any person regularly
engaged in the business of selling to users or consumers within the state.
(c) "Retailer" includes any person who engages in regular or systematic solicitation of a
consumer market in this state by the distribution of catalogs, periodicals, advertising flyers, or other
advertising, or by means of print, radio or television media, by mail, telegraphy, telephone, computer
data base, cable, optic, microwave, or other communication system.
(d) "Retailer" does not include farmers, gardeners, stockmen, poultrymen, or other growers
or agricultural producers producing and doing business on their own premises, except those who are
regularly engaged in the business of buying or selling for a profit.
(e) For purposes of this chapter the commission may regard as retailers the following if they
determine it is necessary for the efficient administration of this chapter: salesmen, representatives,
peddlers, or canvassers as the agents of the dealers, distributors, supervisors, or employers under
whom they operate or from whom they obtain the tangible personal property sold by them,
irrespective of whether they are making sales on their own behalf or on behalf of these dealers,
distributors, supervisors, or employers, except that:
(i) a printer's facility with which a retailer has contracted for printing shall not be considered
to be a salesman, representative, peddler, canvasser, or agent of the retailer; and
(ii) the ownership of property that is located at the premises of a printer's facility with which
the retailer has contracted for printing and that consists of the final printed product, property that
becomes a part of the final printed product, or copy from which the printed product is produced, shall
not result in the retailer being deemed to have or maintain an office, distribution house, sales house,
warehouse, service enterprise, or other place of business, or to maintain a stock of goods, within this
state.
(20) "Sale" means any transfer of title, exchange, or barter, conditional or otherwise, in any
manner, of tangible personal property or any other taxable item or service under Subsection
59-12-103 (1), for a consideration. It includes:
(a) installment and credit sales;
(b) any closed transaction constituting a sale;
(c) any sale of electrical energy, gas, services, or entertainment taxable under this chapter;
(d) any transaction if the possession of property is transferred but the seller retains the title
as security for the payment of the price; and
(e) any transaction under which right to possession, operation, or use of any article of
tangible personal property is granted under a lease or contract and the transfer of possession would
be taxable if an outright sale were made.
(21) (a) "Sales relating to schools" means sales by a public school district or public or private
elementary or secondary school, grades kindergarten through 12, that are directly related to the
school's or school district's educational functions or activities and include:
(i) the sale of textbooks, textbook fees, laboratory fees, laboratory supplies, and safety
equipment;
(ii) the sale of clothing that:
(A) a student is specifically required to wear as a condition of participation in a
school-related event or activity; and
(B) is not readily adaptable to general or continued usage to the extent that it takes the place
of ordinary clothing;
(iii) sales of food if the net or gross revenues generated by the food sales are deposited into
a school district fund or school fund dedicated to school meals; and
(iv) transportation charges for official school activities.
(b) "Sales relating to schools" does not include:
(i) gate receipts;
(ii) special event admission fees;
(iii) bookstore sales of items that are not educational materials or supplies; and
(iv) except as provided in Subsection(21)(a)(ii), clothing.
(22) "State" means the state of Utah, its departments, and agencies.
(23) "Storage" means any keeping or retention of tangible personal property or any other
taxable item or service under Subsection 59-12-103 (1), in this state for any purpose except sale in
the regular course of business.
(24) (a) "Tangible personal property" means:
(i) all goods, wares, merchandise, produce, and commodities;
(ii) all tangible or corporeal things and substances which are dealt in or capable of being
possessed or exchanged;
(iii) water in bottles, tanks, or other containers; and
(iv) all other physically existing articles or things, including property severed from real
estate.
(b) "Tangible personal property" does not include:
(i) real estate or any interest or improvements in real estate;
(ii) bank accounts, stocks, bonds, mortgages, notes, and other evidence of debt;
(iii) insurance certificates or policies;
(iv) personal or governmental licenses;
(v) water in pipes, conduits, ditches, or reservoirs;
(vi) currency and coinage constituting legal tender of the United States or of a foreign
nation; and
(vii) all gold, silver, or platinum ingots, bars, medallions, or decorative coins, not
constituting legal tender of any nation, with a gold, silver, or platinum content of not less than 80%.
(25) (a) "Use" means the exercise of any right or power over tangible personal property
under Subsection 59-12-103 (1), incident to the ownership or the leasing of that property, item, or
service.
(b) "Use" does not include the sale, display, demonstration, or trial of that property in the
regular course of business and held for resale.
(26) "Vehicle" means any aircraft, as defined in Section [
defined in Section 41-1a-102 ; any off-highway vehicle, as defined in Section 41-22-2 ; and any
vessel, as defined in Section 41-1a-102 ; that is required to be titled, registered, or both. "Vehicle"
for purposes of Subsection 59-12-104 (37) only, also includes any locomotive, freight car, railroad
work equipment, or other railroad rolling stock.
(27) "Vehicle dealer" means a person engaged in the business of buying, selling, or
exchanging vehicles as defined in Subsection (26).
(28) (a) "Vendor" means:
(i) any person receiving any payment or consideration upon a sale of tangible personal
property or any other taxable item or service under Subsection 59-12-103 (1), or to whom such
payment or consideration is payable; and
(ii) any person who engages in regular or systematic solicitation of a consumer market in
this state by the distribution of catalogs, periodicals, advertising flyers, or other advertising, or by
means of print, radio or television media, by mail, telegraphy, telephone, computer data base, cable,
optic, microwave, or other communication system.
(b) "Vendor" does not mean a printer's facility described in Subsection (19)(e).
Section 22. Section 59-12-103 is amended to read:
59-12-103. Sales and use tax base -- Rate -- Use of sales and use tax revenues.
(1) There is levied a tax on the purchaser for the amount paid or charged for the following:
(a) retail sales of tangible personal property made within the state;
(b) amount paid to common carriers or to telephone or telegraph corporations, whether the
corporations are municipally or privately owned, for:
(i) all transportation;
(ii) intrastate telephone service; or
(iii) telegraph service;
(c) gas, electricity, heat, coal, fuel oil, or other fuels sold for commercial use;
(d) gas, electricity, heat, coal, fuel oil, or other fuels sold for residential use;
(e) meals sold;
(f) (i) admission or user fees for theaters, movies, operas, museums, planetariums, shows
of any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses,
menageries, fairs, races, contests, sporting events, dances, boxing and wrestling matches, closed
circuit television broadcasts, billiard or pool parlors, bowling lanes, golf and miniature golf, golf
driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails, tennis
courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises, horseback
rides, sports activities, or any other amusement, entertainment, recreation, exhibition, cultural, or
athletic activity;
(ii) the tax imposed on admission or user fees in Subsection (1)(f)(i) does not affect an
entity's sales tax exempt status under Section 59-12-104.1 ;
(g) services for repairs or renovations of tangible personal property or services to install
tangible personal property in connection with other tangible personal property;
(h) except as provided in Subsection 59-12-104 (8), cleaning or washing of tangible personal
property;
(i) tourist home, hotel, motel, or trailer court accommodations and services for less than 30
consecutive days;
(j) laundry and dry cleaning services;
(k) leases and rentals of tangible personal property if the property situs is in this state, if the
lessee took possession in this state, or if the property is stored, used, or otherwise consumed in this
state; and
(l) tangible personal property stored, used, or consumed in this state.
(2) Except for Subsection (1)(d), the rates of the tax levied under Subsection (1) shall be:
(a) 5% through June 30, 1994;
(b) 4.875% beginning on July 1, 1994 through June 30, 1997; and
(c) 4.75% beginning on July 1, 1997.
(3) The rates of the tax levied under Subsection (1)(d) shall be 2% from and after January
1, 1990.
(4) (a) From January 1, 1990, through December 31, 1999, there shall be deposited in an
Olympics special revenue fund or funds as determined by the Division of Finance under Section
51-5-4 , for the use of the Utah Sports Authority created under Title 63A, Chapter 7, Utah Sports
Authority Act:
(i) the amount of sales and use tax generated by a 1/64% tax rate on the taxable items and
services under Subsection (1);
(ii) the amount of revenue generated by a 1/64% tax rate under Section 59-12-204 or Section
59-12-205 on the taxable items and services under Subsection (1); and
(iii) interest earned on the amounts under Subsections (4)(a)(i) and (ii).
(b) These funds shall be used:
(i) by the Utah Sports Authority as follows:
(A) to the extent funds are available, to transfer directly to a debt service fund or to
otherwise reimburse to the state any amount expended on debt service or any other cost of any bonds
issued by the state to construct any public sports facility as defined in Section 63A-7-103 ;
(B) to pay for the actual and necessary operating, administrative, legal, and other expenses
of the Utah Sports Authority, but not including protocol expenses for seeking and obtaining the right
to host the Winter Olympic Games; and
(C) the Utah Sports Authority may not expend, loan, or pledge in the aggregate more than
$59,000,000 of sales and use tax deposited into the Olympics special revenue fund under Subsection
(4)(a) unless the Legislature appropriates additional funds from the Olympics special revenue fund
to the Utah Sports Authority; or
(ii) to pay salary, benefits, or administrative costs associated with the State Olympic
Coordinator under Subsection 63A-10-103 (3), except that the salary, benefits, or administrative costs
may not be paid from the sales and tax revenues generated by municipalities or counties and
deposited under Subsection (4)(a)(ii).
(c) A payment of salary, benefits, or administrative costs under Subsection 63A-10-103 (3)
is not considered an expenditure of the Utah Sports Authority.
(d) If the Legislature appropriates additional funds under Subsection (4)(b)(i)(C), the
authority may not expend, loan, pledge, or enter into any agreement to expend, loan, or pledge the
appropriated funds unless the authority:
(i) contracts in writing for the full reimbursement of the monies to the Olympics special
revenue fund by a public sports entity or other person benefitting from the expenditure; and
(ii) obtains a security interest that secures payment or performance of the obligation to
reimburse.
(e) A contract or agreement entered into in violation of Subsection (4)(d) is void.
(f) Any monies in the Olympics special revenue fund or funds as of October 1, 2002, shall
be dispersed as follows:
(i) 50% shall be deposited into the General Fund; and
(ii) 50% to counties, cities, or towns in proportion to the sales and use taxes generated by
the county, city, or town and deposited under Subsection (4)(a)(ii).
(5) (a) From July 1, 1997, the annual amount of sales and use tax generated by a 1/8% tax
rate on the taxable items and services under Subsection (1) shall be used as follows:
(i) 50% shall be used for water and wastewater projects as provided in Subsections (5)(b)
through (f); and
(ii) 50% shall be used for transportation projects as provided in Subsections (5)(g) through
(h).
(b) Five hundred thousand dollars each year shall be transferred to the Agriculture Resource
Development Fund created in Section 4-18-6 .
(c) Fifty percent of the remaining amount generated by 50% of the 1/8% tax rate shall be
transferred to the Water Resources Conservation and Development Fund created in Section 73-10-24
for use by the Division of Water Resources. In addition to the uses allowed of the fund under
Section 73-10-24 , the fund may also be used to:
(i) provide a portion of the local cost share, not to exceed in any fiscal year 50% of the funds
made available to the Division of Water Resources under this section, of potential project features
of the Central Utah Project;
(ii) conduct hydrologic and geotechnical investigations by the Department of Natural
Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
quantifying surface and ground water resources and describing the hydrologic systems of an area in
sufficient detail so as to enable local and state resource managers to plan for and accommodate
growth in water use without jeopardizing the resource;
(iii) fund state required dam safety improvements; and
(iv) protect the state's interest in interstate water compact allocations, including the hiring
of technical and legal staff.
(d) Twenty-five percent of the remaining amount generated by 50% of the 1/8% tax rate
shall be transferred to the Utah Wastewater Loan Program subaccount created in Section 73-10c-5
for use by the Water Quality Board to fund wastewater projects as defined in Section 73-10b-2 .
(e) Twenty-five percent of the remaining amount generated by 50% of the 1/8% tax rate shall
be transferred to the Drinking Water Loan Program subaccount created in Section 73-10c-5 for use
by the Division of Drinking Water to:
(i) provide for the installation and repair of collection, treatment, storage, and distribution
facilities for any public water system, as defined in Section 19-4-102 ;
(ii) develop underground sources of water, including springs and wells; and
(iii) develop surface water sources.
(f) Notwithstanding Subsections (5)(b), (c), (d), and (e), $100,000 of the remaining amount
generated by 50% of the 1/8% tax rate each year shall be transferred as dedicated credits to the
Division of Water Rights to cover the costs incurred in hiring legal and other technical staff for the
adjudication of water rights. Any remaining balance at the end of each fiscal year shall lapse back
to the contributing funds on a prorated basis.
(g) Fifty percent of the 1/8% tax rate shall be transferred to the class B and class C roads
account to be expended as provided in Title [
Finances, for the use of class B and C road funds except as provided in Subsection (5)(h).
(h) (i) If H.B. 53, "Transportation Corridor Preservation," passes in the 1996 General
Session, $500,000 each year shall be transferred to the Transportation Corridor Preservation
Revolving Loan Fund, and if H.B. 121, "State Park Access Roads," passes in the 1996 General
Session, from July 1, 1997, through June 30, 2006, $500,000 shall be transferred to the Department
of Transportation for the State Park Access Highways Improvement Program. The remaining
amount generated by 50% of the 1/8% tax rate shall be transferred to the class B and class C roads
account.
(ii) At least 50% of the money transferred to the Transportation Corridor Preservation
Revolving Loan Fund under Subsection (5)(h)(i) shall be used to fund loan applications made by the
Department of Transportation at the request of local governments.
(6) (a) Beginning on January 1, 2000, the Division of Finance shall deposit into the
Centennial Highway Trust Fund created in Section [
and use tax under Subsections (2) and (3) equal to the revenues generated by a 1/64% tax rate on the
taxable items and services under Subsection (1).
(b) Beginning on January 1, 2000, the revenues generated by the 1/64% tax rate:
(i) retained under Subsection 59-12-204 (7)(a) shall be retained by the counties, cities, or
towns as provided in Section 59-12-204 ; and
(ii) retained under Subsection 59-12-205 (4)(a) shall be distributed to each county, city, and
town as provided in Section 59-12-205 .
Section 23. Section 59-12-1201 is amended to read:
59-12-1201. Motor vehicle rental tax -- Rate -- Exemptions -- Collection -- Deposits.
(1) (a) Except as provided under Subsection (2), there is imposed a tax of 2.5% on all
short-term leases and rentals of motor vehicles not exceeding 30 days.
(b) The tax imposed in this section is in addition to all other state, county, or municipal fees
and taxes imposed on rentals of motor vehicles.
(2) A motor vehicle is exempt from the tax imposed under Subsection (1) if:
(a) the motor vehicle is registered for a gross laden weight of 12,001 or more pounds;
(b) the motor vehicle is rented as a personal household goods moving van; or
(c) the lease or rental of the motor vehicle is made for the purpose of temporarily replacing
a person's motor vehicle that is being repaired pursuant to a repair agreement or an insurance
agreement.
(3) (a) The commission shall administer, collect, and enforce the tax authorized under this
section pursuant to the same procedures used in the administration, collection, and enforcement of
the sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, and Title 59, Chapter 1,
General Taxation Policies.
(b) The commission may retain a maximum of 1-1/2% of the tax collected under this section
for the costs of rendering its services under this section.
(c) Except as provided under Subsection (3)(b), all revenue received by the State Tax
Commission under this section shall be deposited daily with the state treasurer and credited monthly
to the Transportation Corridor Preservation Revolving Loan Fund under Section [
72-2-117 .
(4) The tax under this section is not subject to the distribution of tax revenues provided
under Sections 59-12-205 and 59-12-103 .
Section 24. Section 59-15-106 is amended to read:
59-15-106. Reports by motor carriers and brewers, wholesalers, and distributors
outside the state.
(1) Every motor carrier as defined under Section [
that has been shipped from outside of this state to a point within this state shall, before the last day
of each month, report in writing all deliveries during the preceding month to the commission. The
report shall be on forms prescribed by, and contain any information required by, the commission.
(2) Every brewer, wholesaler, or distributor outside the state, shipping beer into the state,
for sale, use, or consumption within the state shall, before the last day of each month, report in
writing upon forms prescribed by the commission any information required by the commission.
Section 25. Section 63-38c-103 is amended to read:
63-38c-103. Definitions.
As used in this chapter:
(1) (a) "Appropriations" means actual unrestricted capital and operating appropriations from
unrestricted General Fund, Uniform School Fund, and Transportation Fund sources as presented in
the governor's executive budgets.
(b) "Appropriation" includes appropriations that are contingent upon available surpluses in
the General Fund, Uniform School Fund, or Transportation Fund.
(c) "Appropriations" does not mean:
(i) debt service expenditures;
(ii) emergency expenditures;
(iii) expenditures from all other fund or subfund sources presented in the executive budgets;
(iv) transfers into, or appropriations made to, the Budgetary Reserve Account established
in Section 63-38-2.5 ;
(v) monies appropriated to fund the total one-time project costs for the construction of
capital developments as defined in Section 63A-5-104 ; or
(vi) appropriations made to the Centennial Highway Trust Fund created by Section
[
(2) "Base year real per capita appropriations" means the result obtained for the state by
dividing the fiscal year 1985 actual appropriations of the state less debt monies, less $55 million
appropriated for flooding and less $14.2 million appropriated for capital projects in Section 3 of
Chapter 265, Laws of Utah 1985 General Session, by:
(a) the state's July 1, 1983 population; and
(b) the fiscal year 1983 inflation index divided by 100.
(3) "Calendar year" means the time period beginning on January 1 of any given year and
ending on December 31 of the same year.
(4) "Fiscal emergency" means an extraordinary occurrence requiring immediate expenditures
and includes the settlement under Chapter 4, Laws of Utah 1988, Fourth Special Session.
(5) "Fiscal year" means the time period beginning on July 1 of any given year and ending
on June 30 of the subsequent year.
(6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual capital
and operations appropriations from general, uniform school, and transportation fund sources, less
debt monies, less $55 million appropriated for flooding, and less $14.2 million appropriated for
capital projects in Section 3, Chapter 265, Laws of Utah 1985.
(7) "Inflation index" means the change in the general price level of goods and services as
measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic Analysis,
U.S. Department of Commerce calculated as provided in Section 63-38c-202 .
(8) (a) "Maximum allowable appropriations limit" means the appropriations that could be,
or could have been, spent in any given year under the limitations of this chapter.
(b) "Maximum allowable appropriations limit" does not mean actual appropriations spent
or actual expenditures.
(9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two fiscal
years previous to the fiscal year for which the maximum allowable inflation and population
appropriations limit is being computed under this chapter.
(10) "Most recent fiscal year's personal income" means the fiscal year personal income two
fiscal years previous to the fiscal year for which the maximum allowable personal income
appropriations limit is being computed under this chapter.
(11) "Most recent fiscal year's population" means the fiscal year population two fiscal years
previous to the fiscal year for which the maximum allowable inflation and population appropriations
limit is being computed under this chapter.
(12) "Personal income" means the total personal income of the state as calculated by the
Office of Planning and Budget according to the procedures and requirements of Section 63-38c-202 .
(13) "Population" means the number of residents of the state as of July 1 of each year as
calculated by the Office of Planning and Budget according to the procedures and requirements of
Section 63-38c-202 .
(14) "Revenues" means the revenues of the state from every tax, penalty, receipt, and other
monetary exaction and interest connected with it that are recorded as unrestricted revenue of the
General Fund, Uniform School Fund, and Transportation Fund, except as specifically exempted by
this chapter.
(15) "Security" means any bond, note, warrant, or other evidence of indebtedness, whether
or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an "indebtedness"
within the meaning of any provision of the constitution or laws of this state.
Section 26. Section 63-55-263 is amended to read:
63-55-263. Repeal dates, Titles 63, 63A, and 63C.
(1) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund to provide
coverage to nonstate entities, are repealed July 1, 2001.
(2) (a) Title 63, Chapter 25a, Part 1, Commission on Criminal and Juvenile Justice, is
repealed July 1, 2002.
(b) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2002.
(3) The Resource Development Coordinating Committee, created in Section 63-28a-2 , is
repealed July 1, 2004.
(4) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed July
1, 2007.
(5) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children and
Youth At Risk Act, is repealed July 1, 2001.
(6) Title 63A, Chapter 7, Utah Sports Authority Act, is repealed July 1, 2003.
(7) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2003.
(8) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2000.
(9) The Utah Health Policy Commission, created in Title 63C, Chapter 3, is repealed July
1, 2001.
(10) The Utah Pioneer Sesquicentennial Celebration Coordinating Council created in Section
63C-5-102 is repealed June 30, 1998.
(11) Section [
Section 27. Section 63-56-13 is amended to read:
63-56-13. Specific statutory authority.
(1) The authority to procure certain supplies, services, and construction given the public
procurement units governed by the following provisions shall be retained:
[
[
[
[
[
(e) Title 72, Transportation; and
(f) Title 78, Chapter 3, District Courts.
(2) This authority extends only to supplies, services, and construction to the extent provided
in the cited chapters. Except as otherwise provided in Sections 63-56-2 and 63-56-3 , the respective
purchasing agencies shall procure supplies, services, and construction in accordance with this
chapter.
(3) (a) The Department of Transportation may make rules governing the procurement of
highway construction or improvement.
(b) This subsection supersedes Subsections (1) and (2).
(4) The Legislature may procure supplies and services for its own needs.
Section 28. Section 63-65-2 is amended to read:
63-65-2. Definitions.
As used in this chapter:
(1) "Agency bonds" means any bond, note, contract, or other evidence of indebtedness
representing loans or grants made by authorizing agencies.
(2) "Authorizing agency" means the board, person, or unit with legal responsibility for
administering and managing revolving loan funds.
(3) "Revenue bonds" means any special fund revenue bonds issued by the state treasurer on
behalf of the state pursuant to Section 63-65-8 .
(4) "Revolving Loan Funds" means:
(a) the Water Resources Conservation and Development Fund, created in Section 73-10-24 ;
(b) the Water Resources Construction Fund, created in Section 73-10-8 ;
(c) the Water Resources Cities Water Loan Fund, created in Section 73-10-22 ;
(d) the Clean Fuel Conversion Funds, created in Title 9, Chapter 1, Part 7, Clean Fuels
Conversion Program;
(e) the Water Development Security Account and its subaccounts created in Section
73-10c-5 ;
(f) the Agriculture Resource Development Fund, created in Section 4-18-6 ;
(g) the Utah Rural Rehabilitation Fund, created in Section 4-19-4 ;
(h) the Permanent Community Impact Fund, created in Section 9-4-303 ;
(i) the Petroleum Storage Tank Loan Fund, created in Section 19-6-405.3 ; and
(j) the Transportation Infrastructure Loan Fund, created in Section [
Section 29. Section 72-1-101 , which is renumbered from Section 63-49-1 is renumbered and
amended to read:
[
(1) This title is known as the "Transportation Code."
(2) This [
Transportation Administration Act."
Section 30. Section 72-1-102 , which is renumbered from Section 27-12-2 is renumbered and
amended to read:
[
As used in this [
(1) "Commission" means the Transportation Commission [
[
(2) "Construction" means the construction, reconstruction, replacement, and improvement
of the highways, including the acquisition of rights-of-way and material sites.
(3) "Department" means the Department of Transportation created in Section [
72-1-201 .
(4) "Executive director" means the executive director of the department appointed under
Section [
(5) "Farm tractor" has the meaning set forth in Section 41-1a-102 .
(6) "Federal aid primary highway" means that portion of connected main highways located
within this state officially designated by the department and approved by the United States Secretary
of Transportation under Title 23, Highways, U.S.C.
[
culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the
public, or made public in an action for the partition of real property, including the entire area within
the right-of-way.
[
governing body of a county[
[
(10) "Interstate system" means any highway officially designated by the department and
included as part of the national interstate and defense highways, as provided in the Federal Aid
Highway Act of 1956 and any supplemental acts or amendments.
[
traffic, and over, from, or to which neither owners nor occupants of abutting lands nor other persons
have any right or easement, or have only a limited right or easement of access, light, air, or view.
(12) "Motor vehicle" has the same meaning set forth in Section 41-1a-102 .
(13) "Municipality" has the same meaning set forth in Section 10-1-104 .
(14) "National highway systems highways" means that portion of connected main highways
located within this state officially designated by the department and approved by the United States
Secretary of Transportation under Title 23, Highways, U.S.C.
[
maintained by the department where drivers, vehicles, and vehicle loads are checked or inspected
for compliance with state and federal laws as specified in Section [
(b) "Port-of-entry" includes inspection and checking stations and weigh stations.
[
duties specified in Section [
[
strip, acquired for or devoted to a highway.
[
(19) "SR" means state route and has the same meaning as state highway as defined in this
section.
[
72, Chapter [
[
72-5-102 .
(22) "State transportation systems" means all streets, alleys, roads, highways, and
thoroughfares of any kind, including connected structures, airports, and all other modes and forms
of conveyance used by the public.
[
[
[
(26) "Vehicle" has the same meaning set forth in Section 41-1a-102 .
Section 31. Section 72-1-201 , which is renumbered from Section 63-49-4 is renumbered and
amended to read:
[
powers, duties, rights, and responsibilities.
There is created the Department of Transportation which shall:
(1) have the general responsibility for planning, research, design, construction, maintenance,
security, and safety of state transportation systems;
(2) provide administration for state transportation systems and programs;
(3) implement the transportation policies of the state;
(4) plan, develop, construct, and maintain state transportation systems that are safe, reliable,
environmentally sensitive, and serve the needs of the traveling public, commerce, and industry;
(5) establish standards and procedures regarding the technical details of administration of
the state transportation systems as established by statute and administrative rule;
(6) advise the governor and the Legislature about state transportation systems needs; and
(7) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make
policy and rules for the administration of the department, state transportation systems, and programs.
Section 32. Section 72-1-202 , which is renumbered from Section 63-49-5 is renumbered and
amended to read:
[
Qualifications -- Term -- Responsibility -- Power to bring suits -- Salary.
(1) (a) The governor, with recommendations from the commission and with the advice and
consent of the Senate, shall appoint an executive director to be the chief executive officer of the
department.
(b) The executive director shall be a qualified executive with technical and administrative
experience and training appropriate for the position.
(c) The executive director shall remain in office until a successor is appointed.
(d) The executive director may be removed by the governor.
(2) In addition to the other functions, powers, duties, rights, and responsibilities prescribed
in this chapter, the executive director shall:
(a) have responsibility for the administrative supervision of the state transportation systems
and the various operations of the department;
(b) have the responsibility for the implementation of rules, priorities, and policies established
by the department and the commission;
(c) have full power to bring suit in courts of competent jurisdiction in the name of the
department as the executive director considers reasonable and necessary for the proper attainment
of the goals of this chapter; [
(d) receive a salary, to be established by the governor within the salary range fixed by the
Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual traveling
expenses while away from the executive director's office on official business; and
(e) purchase all necessary equipment and supplies for the department.
Section 33. Section 72-1-203 , which is renumbered from Section 63-49-6 is renumbered and
amended to read:
[
assistants and advisers -- Salaries.
(1) The executive director shall appoint a deputy director, who shall be a registered
professional engineer in the state and shall serve at the discretion of the executive director.
(2) The deputy director is the chief engineer of the department. The deputy director shall
assist the executive director and is responsible for:
(a) program and project development; and
(b) operation and maintenance of the state transportation systems.
(3) The executive director may also appoint assistants to administer the divisions of the
department. These assistants shall serve at the discretion of the executive director.
(4) In addition, the executive director may employ other assistants and advisers as the
executive director finds necessary and fix salaries in accordance with the salary standards adopted
by the Department of Human Resource Management.
[
Section 34. Section 72-1-204 , which is renumbered from Section 63-49-7 is renumbered and
amended to read:
[
The divisions of the department are:
(1) the Administrative Services Division responsible for:
(a) all personnel management including recruiting, training, testing, developing, and
assisting the transition of personnel into the department;
(b) maintaining records;
(c) data processing;
(d) procuring administrative supplies and equipment; and
(e) risk management;
(2) the Comptroller Division responsible for:
(a) all financial aspects of the department, including budgeting, accounting, and contracting;
and
(b) providing all material data and documentation necessary for effective fiscal planning and
programming;
(3) the Internal Audit Division responsible for:
(a) conducting and verifying all internal audits and reviews within the department;
(b) performing financial and compliance audits to determine the allowability and
reasonableness of proposals, accounting records, and final costs of consultants, contractors, utility
companies, and other entities used by the department; and
(c) implementing audit procedures that meet or exceed generally accepted auditing standards
relating to revenues, expenditures, and funding;
(4) the Community Relations Division responsible for:
(a) coordinating, organizing, and managing the department's public hearing process;
(b) responding to citizens' complaints and requests;
(c) developing and implementing the department's public information programs;
(d) assisting the divisions and regions in the department's citizen involvement programs; and
(e) preparing and distributing internal department communications;
(5) the Program Development Division responsible for:
(a) developing transportation plans for state transportation systems;
(b) collecting, processing, and storing transportation data to support department's
engineering functions;
(c) designating state transportation systems qualifications;
(d) developing a statewide transportation improvement program for approval by the
commission;
(e) providing cartographic services to the department; and
(f) assisting local governments in participating in federal-aid transportation programs;
(6) the Project Development Division responsible for:
(a) developing statewide standards for project design and construction;
(b) providing support for project development in the areas of design environment,
right-of-way, materials testing, structures, value engineering, and construction;
(c) designing specialty projects; and
(d) performing research into materials and methods for construction of state transportation
systems; and
(7) the Operations Division responsible for:
(a) maintaining the state transportation systems;
(b) state transportation systems safety;
(c) operating state ports-of-entry;
(d) operating state motor carrier safety programs in accordance with [
this title and federal law;
(e) aeronautical operations; and
(f) providing equipment for department engineering and maintenance functions.
Section 35. Section 72-1-205 , which is renumbered from Section 63-49-9 is renumbered and
amended to read:
[
Responsibilities.
(1) The department shall maintain region offices throughout the state as the executive
director finds reasonable and necessary for the efficient carrying out of the duties of the department.
(2) The executive director shall appoint a region director for each region. Each region
director shall be a qualified executive with technical and administrative experience and training.
(3) The region director is responsible for:
(a) executing department policy within the region;
(b) supervising project development and operations of the state transportation systems within
the region; and
(c) promoting the department's public involvement and information programs.
(4) The executive director may also establish district offices within a region to implement
maintenance, encroachment, safety, community involvement, and loss management functions of the
region.
Section 36. Section 72-1-206 , which is renumbered from Section 63-49-21 is renumbered
and amended to read:
[
(1) (a) The executive director, with the approval of a majority vote of the commission for
each appointment, shall appoint not less than two performance auditors. A performance auditor may
only be removed by the executive director with the approval of a majority vote of the commission.
(b) Each auditor shall have at least three years' experience in performance auditing prior to
appointment.
(2) (a) The executive director shall ensure that the auditors receive:
(i) any staff support from the department that is necessary to fulfill their duties; and
(ii) access to all the department's records and information.
(b) The department may hire outside consultants to assist in the audits under Subsection (3).
(3) The performance auditors shall conduct and supervise, as prioritized by the commission:
(a) performance audits to determine the efficiency and effectiveness of the department;
(b) financial audits to ensure the efficient and effective expenditure of department monies;
(c) audits to ensure department compliance with state statutes, commission priorities, and
legislative appropriation intent statements;
(d) audits to determine the impact of federal mandates, including air quality, wetlands, and
other environmental standards on the cost and schedule of department projects;
(e) external audits on persons entering into contracts with the department, as necessary;
(f) studies to determine the time required to accomplish department and external contract
work and their relative efficiencies;
(g) evaluations of the department's quality assurance and quality control programs; and
(h) any other executive director or commission requests.
(4) The performance auditors shall conduct audits in accordance with applicable professional
auditing standards.
(5) The performance auditors shall provide copies of all reports of audit findings to the
commission, the executive director, and the Legislative Auditor General.
Section 37. Section 72-1-207 , which is renumbered from Section 27-12-13 is renumbered
and amended to read:
[
department.
(1) The department may sue, and it may be sued only on written contracts made by it or
under its authority.
(2) The department may sue in the name of the state.
(3) In all matters requiring legal advice in the performance of its duties and in the
prosecution or defense of any action growing out of the performance of its duties, the attorney
general is the legal adviser of the commission, and the department, and [
all legal services required by the commission and the department without other compensation than
his salary.
(4) Upon request of the department, the attorney general shall aid in any investigation,
hearing, or trial under the provisions of Chapter 9, Motor Carrier Safety Act, and institute and
prosecute actions or proceedings for the enforcement of the provisions of the Constitution and
statutes of this state or any rule or order of the department affecting motor carriers of persons and
property.
Section 38. Section 72-1-208 , which is renumbered from Section 27-12-14 is renumbered
and amended to read:
[
government, and all state departments.
(1) The department shall cooperate with the counties, cities, and towns in the construction,
maintenance, and use of the highways and in all related matters, and may provide services to the
counties, cities, and towns on terms mutually agreed upon.
(2) The department, with the approval of the governor, shall cooperate with the federal
government in all federal-aid projects and with all state departments in all matters in connection
with the use of the highways.
Section 39. Section 72-1-209 , which is renumbered from Section 27-12-16 is renumbered
and amended to read:
[
centers.
The department shall cooperate in planning and promoting road-building programs into the
scenic centers of the state and in providing camping grounds and facilities in scenic centers for
tourists with:
(1) the Department of Community and Economic Development;
(2) the Division of Travel Development; [
(3) other states; [
(4) all national, state, and local planning and zoning agencies and boards; [
(5) municipal and county officials; and [
(6) other agencies [
Section 40. Section 72-1-210 , which is renumbered from Section 27-12-20 is renumbered
and amended to read:
[
universities.
The engineering machinery and apparatus and the force of mechanics and instructors in the
University of Utah and Utah State University are at the disposal of the department, and any faculty
member of the institutions shall furnish any information or assistance desired upon request of the
department.
Section 41. Section 72-1-301 , which is renumbered from Section 63-49-10 is renumbered
and amended to read:
[
terms -- Qualifications -- Pay and expenses -- Chair -- Quorum -- Surety bond.
(1) (a) There is created the Transportation Commission which shall consist of seven
members.
(b) The members of the commission shall be residents of Utah.
(c) No more than four of the commissioners shall be members of any one political party.
(d) (i) The commissioners shall be appointed by the governor, with the advice and consent
of the Senate for a term of six years, commencing on April 1 of odd-numbered years, except as
provided under Subsection (1)(d)(ii).
(ii) The first two additional commissioners serving on the seven member commission shall
be appointed for terms of two years nine months and four years nine months, respectively, initially
commencing on July 1, 1996, and subsequently commencing as specified under Subsection (1)(d)(i).
(e) The commissioners serve on a part-time basis.
(f) Each commissioner shall remain in office until a successor is appointed and qualified.
(2) The selection of the commissioners shall be as follows:
(a) one commissioner from Box Elder, Cache, or Rich county;
(b) one commissioner from Salt Lake or Tooele county;
(c) one commissioner from Carbon, Emery, Grand, or San Juan county;
(d) one commissioner from Beaver, Garfield, Iron, Kane, Millard, Piute, Sanpete, Sevier,
Washington, or Wayne county;
(e) one commissioner from Weber, Davis, or Morgan county;
(f) one commissioner from Juab, Utah, Wasatch, Duchesne, Summit, Uintah, or Daggett
county; and
(g) one commissioner selected from the state at large.
(3) (a) Members appointed before May 2, 1996, shall continue to receive the compensation,
per diem, expenses, and benefits they were receiving as of January 1, 1996.
(b) Members appointed after May 2, 1996, shall receive no compensation or benefits for
their services, but may receive per diem and expenses incurred in the performance of the member's
official duties at the rates established by the Division of Finance under Sections 63A-3-106 and
63A-3-107 .
(c) Members may decline to receive compensation, benefits, per diem, and expenses for their
service.
(4) (a) One member of the commission shall be designated by the governor as chair.
(b) The commission shall select one member as vice chair to act in the chair's absence.
(5) Any four commissioners constitute a quorum.
(6) (a) Each member of the commission shall qualify by:
(i) taking the constitutional oath of office; and
(ii) giving a surety bond.
(b) The Division of Finance of the Department of Administrative Services shall determine
the form and amount of the bond, and the state shall pay the bond premium.
Section 42. Section 72-1-302 , which is renumbered from Section 63-49-11 is renumbered
and amended to read:
[
(1) The commission shall maintain offices and hold regular meetings at those offices on
dates fixed and formally announced by it, and may hold other meetings at [
as it may, by order, provide.
(2) (a) Meetings may be held upon call of the governor, the chairman, or two commissioners
upon notice of the time, place and purpose of meeting given by mail, telephone or telegraph to each
commissioner at least seven days prior to the date of the meeting.
(b) Any meeting [
of the commission.
Section 43. Section 72-1-303 , which is renumbered from Section 63-49-12 is renumbered
and amended to read:
[
The commission has the following duties:
(1) determining priorities and funding levels of projects in the state transportation systems
for each fiscal year based on project lists compiled by the department;
(2) determining additions and deletions to state highways under [
(3) holding public hearings and otherwise providing for public input in transportation
matters;
(4) making policies and rules in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, necessary to perform the commission's duties described under this section and
Section [
(5) in accordance with Section 63-46b-12 , reviewing orders issued by the executive director
in adjudicative proceedings held in accordance with Title 63, Chapter 46b, Administrative
Procedures Act; and
(6) advising the department in state transportation systems policy.
Section 44. Section 72-2-101 is enacted to read:
72-2-101. Title.
This chapter is known as the "Transportation Finances Act."
Section 45. Section 72-2-102 is enacted to read:
72-2-102. Transportation Fund.
(1) There is created a fund entitled the "Transportation Fund."
(2) Transportation Fund monies shall be used exclusively for highway purposes as provided
in this title.
Section 46. Section 72-2-103 , which is renumbered from Section 63-49-19 is renumbered
and amended to read:
[
agencies not a part of the Department of Transportation -- Exceptions.
(1) Except as provided under Subsections (2) and (3), the amount appropriated or transferred
from the Transportation Fund each year may not exceed a combined total of $10,600,000 to:
(a) the Department of Public Safety;
(b) the State Tax Commission;
(c) the Division of Finance; and
(d) any other state agency that is not a part of the Department of Transportation.
(2) The amounts deposited in the Department of Public Safety Restricted Account created
under Section 53-3-106 are exempt from the appropriation and transfer limitations of Subsection (1).
(3) The revenue generated by the uninsured motorist identification fee under Section
41-1a-1218 and by the motor carrier fee under Section 41-1a-1219 or Section [
is exempt from the appropriation and transfer limitations of Subsection (1).
Section 47. Section 72-2-104 , which is renumbered from Section 63-49-15 is renumbered
and amended to read:
[
(1) The department shall prepare and submit to the governor, to be included in his budget
to be submitted to the Legislature, a budget of the requirements for the operation of the department
for the fiscal year following the convening of the Legislature.
(2) This budget shall be so separated, in relation to the various functions of the department,
so as to allow the separate determination of funds for deposit into the Transportation Fund and into
any other special funds which are required by law to be utilized for specific purposes and which are
separately maintained by the department for those purposes.
Section 48. Section 72-2-105 , which is renumbered from Section 27-12-126 is renumbered
and amended to read:
[
Disposition of unexpended balances.
(1) The amount designated by the Legislature, out of which the items budgeted shall be paid,
shall be established in appropriation and allotment accounts within the Transportation Fund.
(2) At the close of the biennium all unexpended balances remaining in the accounts so
budgeted shall be closed to the fund balance account of the Transportation Fund.
Section 49. Section 72-2-106 , which is renumbered from Section 27-12-128 is renumbered
and amended to read:
[
Transportation-Fund Highway Rehabilitation Restricted Account.
(1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the use
of the department [
the motor fuel tax and the special fuel tax, exclusive of the formula amount appropriated to the B
and C road fund and the collector road fund, to be used for highway rehabilitation.
(2) All of this money shall be placed in an account known as the "Transportation
Fund-highway Rehabilitation Restricted Account."
Section 50. Section 72-2-107 , which is renumbered from Section 27-12-127 is renumbered
and amended to read:
[
class B and class C roads account.
(1) There is appropriated to the department from the Transportation Fund annually an
amount equal to 25% of an amount which the director of finance shall compute in the following
manner: The total revenue deposited into the Transportation Fund during the fiscal year from state
highway-user taxes and fees, minus those amounts appropriated or transferred from the
Transportation Fund during the same fiscal year to the Department of Public Safety, the Tax
Commission, the Division of Finance, the Utah Travel Council, and any other amounts appropriated
or transferred for any other state agencies not a part of the department.
(2) All of this money shall be placed in an account to be known as the class B and class C
roads account to be used as provided in this title.
(3) Each quarter of every year the director of finance shall make the necessary accounting
entries to transfer the money appropriated under this section to the class B and class C roads account.
(4) The funds in the class B and class C roads account shall be expended under the direction
of the department as the Legislature shall provide.
Section 51. Section 72-2-108 , which is renumbered from Section 27-12-129 is renumbered
and amended to read:
[
class C roads -- Bonds.
(1) For purposes of this section:
(a) "Graveled road" means a road:
(i) that is:
(A) graded; and
(B) drained by transverse drainage systems to prevent serious impairment of the road by
surface water;
(ii) that has an improved surface; and
(iii) that has a wearing surface made of:
(A) gravel;
(B) broken stone;
(C) slag;
(D) iron ore;
(E) shale; or
(F) other material that is:
(I) similar to a material described in Subsection (1)(a)(iii)(A) through (E); and
(II) is coarser than sand[
(b) "Paved road" includes a graveled road with a chip seal surface[
(c) "Road mile" means a one-mile length of road, regardless of:
(i) the width of the road; or
(ii) the number of lanes into which the road is divided[
(d) "Weighted mileage" means the sum of the following:
(i) paved road miles multiplied by five;
(ii) graveled road miles multiplied by two; and
(iii) all other road type road miles multiplied by one.
(2) Subject to the provisions of Subsections (3) through (5), funds in the class B and class
C roads account shall be apportioned among counties and municipalities in the following manner:
(a) 50% in the ratio that the class B roads weighted mileage within each county and class C
roads weighted mileage within each municipality bear to the total class B and class C roads weighted
mileage within the state; and
(b) 50% in the ratio that the population of a county or municipality bears to the total
population of the state as of the last official federal census or the United States Bureau of Census
estimate, whichever is most recent, except that if population estimates are not made for a county or
municipality by the United States Bureau of Census, population figures shall be determined
according to the biennial estimate from the Utah Population Estimates Committee.
(3) For purposes of Subsection (2)(b), "the population of a county" means:
(a) the population of a county outside the corporate limits of municipalities in that county,
if the population of the county outside the corporate limits of municipalities in that county is not less
than 14% of the total population of that county, including municipalities; and
(b) if the population of a county outside the corporate limits of municipalities in the county
is less than 14% of the total population:
(i) the aggregate percentage of the population apportioned to municipalities in that county
shall be reduced by an amount equal to the difference between:
(A) 14%; and
(B) the actual percentage of population outside the corporate limits of municipalities in that
county; and
(ii) the population apportioned to the county shall be 14% of the total population of that
county, including incorporated municipalities.
(4) (a) For fiscal year 1997-98 if an apportionment under Subsection (2) to a county or
municipality is less than 110% of the amount apportioned to the county or municipality from the
class B and class C roads account for fiscal year 1994-95, the department shall:
(i) reapportion the funds under Subsection (2) to ensure that the county or municipality
receives an amount equal to the greater of:
(A) 110% of the amount apportioned to the county or municipality from the class B and
class C roads account for fiscal year 1994-95; or
(B) 100% of the amount apportioned to the county or municipality from the class B and class
C roads account for fiscal year 1995-96; and
(ii) decrease proportionately as provided in Subsection (4)(b) the apportionments to counties
and municipalities under Subsection (2) that, prior to the reapportionment by the department under
Subsection (4)(a)(i), would be greater than 110% of the apportionments to the counties and
municipalities for fiscal year 1994-95.
(b) For purposes of Subsection (4)(a)(ii), the aggregate amount of the funds that the
department shall decrease proportionately from the apportionments under Subsection (4)(a)(ii) is an
amount equal to the aggregate amount reapportioned to counties and municipalities under Subsection
(4)(a)(i).
(5) (a) Beginning with fiscal year 1998-99, the department shall reapportion the funds in the
class B and class C roads account otherwise apportioned under Subsection (2) as provided in
Subsection (5)(b) if:
(i) there is an increase in the class B and class C roads account from other than increases in
fees or tax rates for the current fiscal year over the previous fiscal year; and
(ii) an apportionment under Subsection (2) to a county or municipality is less than the
product of:
(A) the percentage increase in the class B and class C roads account from other than
increases in fees or tax rates for the current fiscal year over the previous fiscal year;
(B) 1/3; and
(C) the apportionment to the county or municipality for the previous fiscal year.
(b) If the department is required to reapportion the funds in the class B and class C roads
account under Subsection (5)(a), the department shall:
(i) ensure that each county and municipality receives an amount equal to the greater of:
(A) the product of:
(I) the percentage increase in the class B and class C roads account from other than increases
in fees or tax rates for the current fiscal year over the previous fiscal year;
(II) 1/3; and
(III) the apportionment to the county or municipality for the previous fiscal year; or
(B) the amount apportioned to the county or municipality under Subsection (2); and
(ii) decrease proportionately as provided in Subsection (5)(c) the apportionments to counties
and municipalities under Subsection (2) that, prior to the reapportionment by the department under
Subsection (5)(b)(i), would be greater than the product of:
(A) the percentage increase in the class B and class C roads account from other than
increases in fees or tax rates for the current fiscal year over the previous fiscal year;
(B) 1/3; and
(C) the apportionment to the county or municipality for the previous fiscal year.
(c) For purposes of Subsection (5)(b)(ii), the aggregate amount of the funds that the
department shall decrease proportionately from the apportionments under Subsection (5)(b)(ii) is an
amount equal to the aggregate amount reapportioned to counties and municipalities under Subsection
(5)(b)(i).
(6) The governing body of any municipality or county may issue bonds redeemable up to
a period of ten years under Title 11, Chapter 14, Utah Municipal Bond Act, to pay the costs of
constructing, repairing, and maintaining class B or class C roads and may pledge class B or class C
road funds received pursuant to this section to pay principal, interest, premiums, and reserves for the
bonds.
Section 52. Section 72-2-109 , which is renumbered from Section 27-12-130 is renumbered
and amended to read:
[
of class B and class C road funds -- Compliance with federal-aid provisions -- Duties of
department.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules providing for uniform accounting of funds to be expended upon class
B and C roads as required by the federal government under Title 23, United States Code Annotated,
relating to federal aid for highway purposes together with all amendatory acts.
(2) The department shall cooperate with the county governing bodies and the governing
officials of the cities and towns in the apportionment and use of class B and C road funds.
Section 53. Section 72-2-110 , which is renumbered from Section 27-12-131 is renumbered
and amended to read:
[
federal funds.
Any funds which are [
matching federal funds for the construction of secondary roads now available or which may
[
Section 54. Section 72-2-111 , which is renumbered from Section 27-12-121 is renumbered
and amended to read:
[
purposes -- Department to represent state -- Pledge of funds -- Rulemaking authority --
Contracts for energy conservation.
(1) (a) The Legislature assents to all the provisions of Title 23, [
amendatory acts.
(b) The department may:
(i) enter into a contract or agreement with the United States government relating to the
survey, construction, and maintenance of highways under a federal act;
(ii) submit a scheme or program of construction and maintenance required by a federal
agency; and
(iii) do any other thing necessary to fully carry out the cooperation contemplated and
provided for by a federal act.
(c) [
to make available sufficient funds to match the sums apportioned to the state by the United States
government:
(i) for the construction of federal-aid highways; and
(ii) to provide adequate maintenance for federal-aid highways.
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules to encourage car pools and van pools in order to save energy.
(3) The department may contract with individuals, associations, or corporations to
accomplish energy conservation and encouragement of car and van pooling.
Section 55. Section 72-2-112 , which is renumbered from Section 63-49-16 is renumbered
and amended to read:
[
program.
(1) Notwithstanding any law to the contrary, the [
empowered to participate in the deferred payment program authorized by Congress in Public Law
94-30.
(2) Any indebtedness incurred by the department under this section shall be paid from state
transportation funds as appropriated.
Section 56. Section 72-2-113 , which is renumbered from Section 63-49-23 is renumbered
and amended to read:
[
compliance -- Federal accounting and audit standards.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules for determining the allowability of costs included in contracts entered
into by the department for engineering and design services. The rules shall comply with the
provisions of 23 U.S.C. Section 112.
(2) The department may require a provider of engineering or design services to submit
annual audits or to submit to audits to determine compliance with the rules made under Subsection
(1). The audits may not be duplicative of federal audits under the Federal Acquisition Regulations
System, 48 C.F.R. Part 31.
(3) All engineering and design contracts and subcontracts entered into by the department
shall be accounted for and audited in compliance with the Federal Acquisition Regulations System,
48 C.F.R. Part 31.
Section 57. Section 72-2-114 , which is renumbered from Section 63-49-25 is renumbered
and amended to read:
[
(1) When there are insufficient appropriations or monies available from other legal sources
to pay interest on any bond anticipation notes issued under the authority of Title 63B, Chapter 6, Part
3, 1997 Highway Bond Anticipation Note Authorization, the Division of Finance shall inform the
department [
(2) After receiving notice under Subsection (1), the department [
transfer monies from any available source other than the Transportation Fund to the Division of
Finance for deposit into the Debt Service Fund to pay interest on bond anticipation notes issued
under the authority of Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note
Authorization.
Section 58. Section 72-2-115 , which is renumbered from Section 63-49-18 is renumbered
and amended to read:
[
All interest and earnings and other income derived from the Transportation Fund balance
shall be credited to the Transportation Fund, including the collector road and B and C road accounts
in proportion to the various fund account balances on an average monthly balance basis.
Section 59. Section 72-2-116 , which is renumbered from Section 27-12-132 is renumbered
and amended to read:
[
Fund -- Expenditure.
(1) Gifts, bequests, and donations by individuals, corporations, or societies to the state for
road building purposes shall become part of the [
be expended for state highway purposes. [
(2) Gifts, bequests, or donations made to any county shall be expended under the direction
of the county legislative body.
Section 60. Section 72-2-117 , which is renumbered from Section 27-12-103.6 is renumbered
and amended to read:
[
Fund -- Distribution -- Repayment -- Rulemaking.
(1) There is created the Transportation Corridor Preservation Revolving Loan Fund within
the Transportation Fund.
(2) The fund shall be funded from the following sources:
(a) motor vehicle rental tax imposed under Section 59-12-1201 ;
(b) appropriations made to the fund by the Legislature;
(c) contributions from other public and private sources for deposit into the fund;
(d) interest earnings on cash balances;
(e) all monies collected for repayments and interest on fund monies; and
(f) all monies collected from rents and sales of real property.
(3) All monies appropriated to the Transportation Corridor Preservation Revolving Loan
Fund are nonlapsing.
(4) (a) The commission shall authorize the expenditure of fund monies to allow the
department to acquire real property or any interests in real property for state, county, and municipal
transportation corridors subject to:
(i) monies available in the fund; and
(ii) rules made under Subsection (7).
(b) Fund monies may be used to pay interest on debts incurred in accordance with this
section.
(5) Administrative costs of the Transportation Corridor Preservation Revolving Loan Fund
shall be paid from the fund.
(6) The department:
(a) may apply to the commission under this section for monies from the Transportation
Corridor Preservation Revolving Loan Fund for a specified transportation corridor project, including
for county and municipal projects; and
(b) shall repay the fund monies authorized for the project to the fund as required under
Subsection (7).
(7) The commission shall:
(a) administer the Transportation Corridor Preservation Revolving Loan Fund to preserve
transportation corridors, promote long-term statewide transportation planning, save on acquisition
costs, and promote the best interests of the state in a manner which minimizes impact on prime
agricultural land;
(b) prioritize fund monies based on considerations, including:
(i) areas with rapidly expanding population;
(ii) the willingness of local governments to complete studies and impact statements that meet
department standards;
(iii) the preservation of corridors by the use of local planning and zoning processes; and
(iv) the availability of other public and private matching funds for a project; and
(c) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
Act, establishing the:
(i) procedures for the awarding of fund monies;
(ii) procedures for the department to apply for transportation corridor preservation monies
for projects; and
(iii) repayment conditions of the monies to the fund from the specified project funds.
Section 61. Section 72-2-118 , which is renumbered from Section 63-49-22 is renumbered
and amended to read:
[
(1) There is created an expendable trust fund entitled the Centennial Highway Trust Fund.
(2) The fund consists of monies generated from the following revenue sources:
(a) any voluntary contributions received for the construction, major reconstruction, or major
renovation of state or federal highways;
(b) appropriations made to the fund by the Legislature;
(c) registration fees designated under Subsection 41-1a-1201 (6); and
(d) the sales and use tax amounts provided for in Subsection 59-12-103 (6).
(3) (a) The fund shall earn interest.
(b) All interest earned on fund monies shall be deposited into the fund.
(4) The executive director may use fund monies, as prioritized by the Transportation
Commission, only to pay the costs of construction, major reconstruction, or major renovation to state
and federal highways.
Section 62. Section 72-2-119 , which is renumbered from Section 63-49-24 is renumbered
and amended to read:
[
(1) Notwithstanding the restrictions on the use of Centennial Highway Trust Fund monies
under Subsection [
$1,000,000 from the Centennial Highway Trust Fund to a county for county highway improvement
projects needed because of significant impacts on local infrastructure resulting from large business
development within the county which adds more than 15% to the total locally assessed value of
taxable property in the county.
(2) A county recipient must provide matching funds from any available public or private
sources having a value that is at least 150% of the grant funds received from the commission under
this section.
Section 63. Section 72-2-120 , which is renumbered from Section 27-12-132.2 is renumbered
and amended to read:
[
(1) There is created within the Transportation Fund a restricted account known as the
"Tollway Restricted Account."
(2) The account shall be funded from the following sources:
(a) tolls collected under Section [
(b) appropriations made to the account by the Legislature;
(c) contributions from other public and private sources for deposit into the account;
(d) interest earnings on cash balances; and
(e) all monies collected for repayments and interest on account monies.
(3) All monies appropriated to the account are nonlapsing.
(4) (a) Monies shall be appropriated by the Legislature from the restricted account to the
commission for tollway purposes.
(b) The commission may authorize the monies under Subsection (4)(a) to be spent by the
department to establish and operate tollways and related facilities, including design, construction,
reconstruction, operation, maintenance, impacts from tollways, and the acquisition of right-of-way.
Section 64. Section 72-2-201 , which is renumbered from Section 27-18-102 is renumbered
and amended to read:
[
As used in this [
(1) "Fund" means the Transportation Infrastructure Loan Fund created under Section
[
(2) "Infrastructure assistance" means any use of fund moneys, except an infrastructure loan,
to provide financial assistance for transportation projects, including to finance leases, fund reserves,
make grants, make interest buy-down grants, leases, or loans obtained by a public entity to finance
transportation projects.
(3) "Infrastructure loan" means a loan of fund monies to finance a transportation project.
(4) "Public entity" means a state agency, county, municipality, special district, or an
intergovernmental entity organized under state law.
(5) "Transportation project" means a project to improve the state transportation systems and
includes the costs of acquisition, construction, reconstruction, rehabilitation, equipping, and
fixturing.
Section 65. Section 72-2-202 , which is renumbered from Section 27-18-103 is renumbered
and amended to read:
[
-- Use of monies.
(1) There is created a revolving loan fund entitled the Transportation Infrastructure Loan
Fund.
(2) The fund consists of monies generated from the following revenue sources:
(a) appropriations made to the fund by the Legislature;
(b) federal monies and grants that are deposited in the fund;
(c) monies transferred to the fund by the commission from other monies available to the
department;
(d) state grants that are deposited in the fund;
(e) contributions or grants from any other private or public sources for deposit into the fund;
and
(f) all monies collected from repayments of fund monies used for infrastructure loans or
infrastructure assistance.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund monies shall be deposited into the fund.
(4) Monies in the fund shall be used by the department, as prioritized by the commission,
only to:
(a) provide infrastructure loans or infrastructure assistance; and
(b) pay the department for the costs of administering the fund, providing infrastructure loans
or infrastructure assistance, monitoring transportation projects, and obtaining repayments of
infrastructure loans or infrastructure assistance.
(5) (a) The department may establish separate accounts in the fund for infrastructure loans,
infrastructure assistance, administrative and operating expenses, or any other purpose to implement
this part.
(b) In accordance with Title, 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules governing how the fund and its accounts may be held by an escrow
agent.
(6) Fund monies shall be invested by the state treasurer as provided in Title 51, Chapter 7,
State Money Management Act, and the earnings from the investments shall be credited to the fund.
Section 66. Section 72-2-203 , which is renumbered from Section 27-18-104 is renumbered
and amended to read:
[
(1) Monies in the fund may be used by the department, as prioritized by the commission, to
make infrastructure loans or to provide infrastructure assistance to any public entity for any purpose
consistent with any applicable constitutional limitation.
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
commission shall make rules providing procedures and standards for making infrastructure loans and
providing infrastructure assistance.
Section 67. Section 72-2-204 , which is renumbered from Section 27-18-105 is renumbered
and amended to read:
[
(1) A public entity may obtain an infrastructure loan from the department, upon approval
by the commission, by entering into a loan contract with the department secured by legally issued
bonds, notes, or other evidence of indebtedness validly issued under state law, including pledging
all or any portion of a revenue source to the repayment of the loan.
(2) The public entity shall repay the infrastructure loan in accordance with the loan contract
from any of the following sources:
(a) transportation project revenues, including special assessment revenues;
(b) general funds of the public entity;
(c) monies withheld under Subsection (5); or
(d) any other legally available revenues.
(3) An infrastructure loan contract with a public entity may provide that a portion of the
proceeds of the loan may be applied to fund a reserve fund to secure the repayment of the loan.
(4) Before obtaining an infrastructure loan, a county or municipality shall:
(a) publish its intention to obtain an infrastructure loan at least once in accordance with the
publication of notice requirements under Section 11-14-21 ; and
(b) adopt an ordinance or resolution authorizing the infrastructure loan.
(5) (a) If a public entity fails to comply with the terms of its infrastructure loan contract, the
department may seek any legal or equitable remedy to obtain compliance or payment of damages.
(b) If a public entity fails to make infrastructure loan payments when due, the state shall, at
the request of the department, withhold an amount of monies due to the public entity and deposit the
withheld monies in the fund to pay the amounts due under the contract.
(c) The department may elect when to request the withholding of monies under this
Subsection (5).
(6) All loan contracts, bonds, notes, or other evidence of indebtedness securing the loan
contracts shall be held, collected, and accounted for in accordance with Section 63-65-4 .
Section 68. Section 72-2-205 , which is renumbered from Section 27-18-106 is renumbered
and amended to read:
[
(1) (a) Notwithstanding Sections 53B-21-113 and 63A-1-112 , a state agency may obtain an
infrastructure loan.
(b) A state agency may contract to repay an infrastructure loan from the monies which are
appropriated to the agency and may pledge all or any portion of those monies to repay the loan.
(c) A state agency's infrastructure loan may not constitute a debt of the state or lending the
credit of the state within the meaning of any constitutional or statutory limitation.
(2) The terms of an infrastructure loan contract shall bind the state and a state agency, and
the state agency shall unconditionally repay the loan from the monies the agency has pledged under
the terms of the loan contract.
Section 69. Section 72-2-206 , which is renumbered from Section 27-18-107 is renumbered
and amended to read:
[
The department may, upon approval of the commission:
(1) make all contracts, execute all instruments, and do all things necessary or convenient to
provide financial assistance for transportation projects in accordance with this chapter; and
(2) enter into and perform the contracts and agreements with entities concerning the
planning, construction, lease, or other acquisition, installation, or financing of transportation
projects.
Section 70. Section 72-3-101 is enacted to read:
72-3-101. Title.
This chapter is known as the "Highway Jurisdiction and Classification Act."
Section 71. Section 72-3-102 , which is renumbered from Section 27-12-21 is renumbered
and amended to read:
[
(1) [
streets designated under Chapter 4, Designation of State Highways.
(2) State highways are class A state roads.
[
(4) The department shall construct and maintain each state [
Section 72. Section 72-3-103 , which is renumbered from Section 27-12-22 is renumbered
and amended to read:
[
maintenance by counties.
(1) County roads comprise all public highways, roads, and streets within the state that:
(a) [
and not designated as state highways;
(b) [
(c) [
of a federal agency and constructed or maintained by the county under agreement with the
appropriate federal agency.
(2) County roads are class B roads.
(3) [
[
within the county.
(4) The county shall construct and maintain each county road using funds made available
for that purpose.
[
the department.
[
construction and maintenance of class A state roads by cooperative agreement with the department.
(7) A county may enter into agreements with the appropriate federal agency for the use of
federal funds, county road funds, and donations to county road funds to construct, improve, or
maintain county roads within or partly within national forests.
Section 73. Section 72-3-104 , which is renumbered from Section 27-12-23 is renumbered
and amended to read:
[
(1) City streets comprise:
(a) highways, roads, and streets within the corporate limits of the municipalities that are not
designated as class A state roads or as class B roads; and
(b) those highways, roads, and streets located within a national forest and constructed or
maintained by the municipality under agreement with the appropriate federal agency.
(2) City streets are [
(3) The municipal governing body has jurisdiction and control of the [
[
(4) The department shall cooperate with the municipal legislative body in the construction
and maintenance of the class C roads within each municipality[
(5) The municipal legislative body shall expend or cause to be expended upon the class C
roads the [
made by the department.
[
(a) contract with the county or the department for the construction and maintenance of class
C roads within its corporate limits; or
(b) transfer, with the consent of the county, its:
(i) class C roads to the class B road system; and
(ii) funds allocated from the Transportation Fund to the municipality to the county
legislative body for use upon the transferred class C roads.
[
[
to the municipality for the construction of sidewalks, curbs, and gutters on class A state roads within
the municipal limits by cooperative agreement with the department.
Section 74. Section 72-3-105 , which is renumbered from Section 27-15-3 is renumbered and
amended to read:
[
(1) As used in this section, "class D road" means any road, way, or other land surface route
that has been or is established by use or constructed and is maintained to provide reasonably passable
for usage by the public for vehicles with four or more wheels that is not a class A, class B, or class
C road under this title.
(2) Each class D road is part of the highway and road system within the state with the same
force and effect as if the class D road had been included within this system upon its being first
established or constructed.
(3) Each county shall prepare maps showing to the best of its ability the class D roads within
its boundaries which were in existence as of October 21, 1976. Preparation of these maps may be
done by the county itself or through any multi-county planning district in which the county
participates. A county shall be given a minimum of two years to complete mapping of the class D
roads within its boundaries.
[
[
[
[
completion to the department [
(6) The department shall scribe each road shown [
[
and is not responsible for its being inventoried. The department shall also keep on file an historical
map record of the roads as [
Section 75. Section 72-3-106 , which is renumbered from Section 27-12-24 is renumbered
and amended to read:
[
(1) [
the county legislative body [
public use of all county roads.
(2) This action may be instigated by the written request of ten taxpayers of [
to the county legislative body [
(3) The county legislative body shall request the county attorney to instigate action within
a reasonable length of time.
Section 76. Section 72-3-107 , which is renumbered from Section 27-12-26 is renumbered
and amended to read:
[
[
county roads existing in [
current plats and specific descriptions of the [
(2) The plats and specific descriptions shall be kept on file in the office of the county clerk
or recorder.
Section 77. Section 72-3-108 is enacted to read:
72-3-108. County roads -- Vacation and narrowing.
(1) A county may, by ordinance, vacate, narrow, or change the name of a county road
without petition or after petition by a property owner.
(2) A county may not vacate a county road unless notice of the hearing is:
(a) published in a newspaper of general circulation in the county once a week for four
consecutive weeks prior to the hearing; or
(b) posted in three public places for four consecutive weeks prior to the hearing and is
mailed to all owners of property abutting the county road.
(3) The right-of-way and easements, if any, of a property owner and the franchise rights of
any public utility may not be impaired by vacating or narrowing a county road.
Section 78. Section 72-3-109 , which is renumbered from Section 27-12-88 is renumbered
and amended to read:
[
cities and towns.
[
department and the [
within [
[
maintenance of:
[
of the state highway; or
[
(b) The department may widen or improve state highways within municipalities.
(c) (i) [
of the right-of-way and [
[
pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or object
of any kind or character within the portion of the right-of-way under its jurisdiction:
[
the right-of-way at the request of the [
[
request of the department when the department finds the removal necessary:
[
[
[
[
relocated on [
for the relocation as provided for in Section [
[
highways [
driveway entrances, or drainage.
[
sidewalks are removed, the department shall replace the curbs, gutters, [
[
highways, but their operation and maintenance is the responsibility of the [
municipality.
[
the state highways, the cost of the storm sewer facilities shall be borne by the state and the [
[
the department may make rules governing the location and construction of approach roads and
driveways entering the state highway[
(ii) The department may delegate the administration of the rules to the highway authorities
of [
(2) The department has jurisdiction and control over the entire right-of-way of interstate
highways within municipalities and is responsible for the construction, maintenance, and regulation
of the interstate highways within municipalities.
Section 79. Section 72-3-110 , which is renumbered from Section 27-12-15 is renumbered
and amended to read:
[
town -- Notice and hearing required.
(1) Whenever the department proposes to construct a highway bypassing any city or town,
or to provide an alternate route through or outside any city or town, the commission shall notify the
governing officials of the city or town and hold a public hearing, on a date set, for the purpose of
advising the citizens of the city or town of the reason or reasons for the highway proposed to be
constructed.
(2) The hearing shall be held within the city or town to be bypassed, except that if the
highway proposed will bypass or provide an alternate route through or outside of several cities or
towns located within close proximity to each other, the commission may combine the hearings and
hold them in one city or town centrally and conveniently located to the others at which time each city
and town shall be given ample opportunity to be heard.
(3) Subsequent to the hearing, the commission shall notify in writing the officials of the city
or town, or of each of the cities or towns if the hearings are combined, of the decision reached as a
result of the hearing within ten days from the time the decision is reached.
Section 80. Section 72-3-111 , which is renumbered from Section 27-12-17 is renumbered
and amended to read:
[
and areas for recreational activities.
Subject to Section [
roads:
(1) leading to roads and parking spaces on the grounds of state institutions to which roads
have not been designated by the Legislature; and
(2) roads and parking spaces to serve areas in immediate proximity to a designated highway
used for:
(a) salt flat races;
(b) ski meets; and
(c) activities which are promoted for the general welfare.
Section 81. Section 72-3-112 , which is renumbered from Section 27-12-117 is renumbered
and amended to read:
[
highways.
(1) [
authority may designate, survey, [
rights-of-way for, and maintain livestock highways.
(2) If state highways with heavy traffic are regularly used for the movement of livestock, the
department, county legislative bodies, and municipal legislative bodies shall construct and maintain
livestock roads or trails for livestock travel.
(3) A livestock highway or trail is for the purpose of transferring livestock and may not be
used for pasturing purposes, except during regular transfer operations. The public may use livestock
highways or trails but shall give preference to livestock when livestock is present.
(4) A person may not drive livestock upon the public highways when a livestock highway
is available and can be used without undue inconvenience.
(5) A person who violates the provisions of Subsection (4) is guilty of a class B
misdemeanor. The court shall impose a:
(a) fine of not more than $100;
(b) jail sentence of not more than 30 days; or
(c) fine and imprisonment.
Section 82. Section 72-3-201 , which is renumbered from Section 27-12-23.5 is renumbered
and amended to read:
[
parks.
(1) As used in this part, "state park access highways" means the highways specified under
this part.
[
responsibility for:
(a) primary access highways to state parks;
(b) highways to the main attraction within each state park; and
(c) highways through state parks providing access to land uses beyond state park boundaries.
[
highways referred to in Subsections [
72-3-202 through [
(b) Jurisdiction over and responsibility for [
shall be determined by the commission as described in Sections [
72-3-103 , and [
Section 83. Section 72-3-202 , which is renumbered from Section 27-12-23.6 is renumbered
and amended to read:
[
State Park to Edge of the Cedars State Park.
[
highways include:
(1) ANASAZI INDIAN VILLAGE STATE PARK. Access to the Anasazi Indian Village
State Park is at the park entrance located in Garfield County at milepoint 87.8 on State Highway 12.
No access road is defined.
(2) BEAR LAKE STATE PARK (Marina). Access to the Bear Lake Marina is at the pay
gate located in Rich County at milepoint 413.2 on State Highway 89. No access road is defined.
(3) BEAR LAKE STATE PARK (East Shore). Access to the Bear Lake East Shore begins
in Rich County at State Highway 30 and proceeds northerly [
distance of 9.2 miles, to the camping area of the park and is under the jurisdiction of Rich County.
(4) BEAR LAKE STATE PARK (Rendezvous Beach). Access to the Bear Lake Rendezvous
Beach is at the park entrance [
access road is defined.
(5) CAMP FLOYD/STAGECOACH INN STATE PARK. Access to the Camp
Floyd/Stagecoach Inn State Park is at the parking area [
on State Highway 73. No access road is defined.
(6) CORAL PINK SAND DUNES STATE PARK. Access to the Coral Pink Sand Dunes
State Park begins in Kane County at State Highway 89 and proceeds southwesterly [
county road a distance of 12.0 miles to the visitor center of the park and is under the jurisdiction of
Kane County.
(7) DEAD HORSE POINT STATE PARK. Access to Dead Horse Point State Park begins
in Grand County at State Highway 191 and proceeds southwesterly [
a distance of 20.8 miles to the camping area at the park and is under the jurisdiction of UDOT.
(8) DEER CREEK STATE PARK. Access to Deer Creek State Park begins in Wasatch
County at State Highway 189 and proceeds southwesterly [
of 0.2 miles to the boat ramp at the park and is under the jurisdiction of UDOT.
(9) EAST CANYON STATE PARK. Access to East Canyon State Park begins in Morgan
County at State Highway 66 and proceeds southeasterly [
of 0.1 miles to the parking area at the park and is under the jurisdiction of UDOT.
(10) EDGE OF THE CEDARS STATE PARK. Access to Edge of the Cedars State Park is
at the parking area and museum [
Utah. No access road is defined.
Section 84. Section 72-3-203 , which is renumbered from Section 27-12-23.7 is renumbered
and amended to read:
[
Huntington State Park.
[
highways include:
(1) ESCALANTE STATE PARK. Access to Escalante State Park begins in Garfield County
at State Highway 12 and proceeds northwesterly [
park's visitor center and is under the jurisdiction of Garfield County.
(2) FORT BUENAVENTURA STATE PARK. Access to Fort Buenaventura State Park is
at the visitor center/contact station [
No access road is defined.
(3) FREMONT INDIAN STATE PARK. Access to the Fremont Indian State Park begins
in Sevier County at State Highway 70 and proceeds easterly [
2.0 miles to the parking area and visitor center of the park and is under the jurisdiction of Sevier
County.
(4) GOBLIN VALLEY STATE PARK. Access to the Goblin Valley State Park begins in
Emery County at State Highway 24 and proceeds southwesterly [
to the overlook/parking area at the park and is under the jurisdiction of Emery County.
(5) GOOSENECKS STATE PARK. Access to Goosenecks State Park begins in San Juan
County at State Highway 261 and proceeds southwesterly [
of 3.6 miles to the parking area and overlook at the park and is under the jurisdiction of UDOT.
(6) ANTELOPE ISLAND STATE PARK. Access to Antelope Island State Park begins in
Davis County at State Highway 127 and proceeds southwesterly [
of 7.2 miles to the parking area and marina at the park and is under the jurisdiction of Davis County.
(7) GREAT SALT LAKE STATE PARK. Access to the Great Salt Lake State Park begins
in Salt Lake County at Interstate Highway 80 and proceeds southwesterly [
a distance of 1.5 miles to the parking area and marina at the park and is under the jurisdiction of Salt
Lake County.
(8) GREEN RIVER STATE PARK. Access to Green River State Park is at the park entrance
[
is defined.
(9) GUNLOCK STATE PARK. Access to the Gunlock State Park begins in Washington
County at the junction of county road (L009) and a county road and proceeds northwesterly [
on a county road a distance of 0.1 miles to the parking area at the park and is under the jurisdiction
of Washington County.
(10) HUNTINGTON STATE PARK. Access to the Huntington State Park begins in Emery
County at State Highway 10 and proceeds northwesterly [
miles to the park entrance and is under the jurisdiction of Emery County.
Section 85. Section 72-3-204 , which is renumbered from Section 27-12-23.8 is renumbered
and amended to read:
[
Painted Rocks.
[
include:
(1) HYRUM STATE PARK. Access to Hyrum State Park is at the pay gate [
Cache County at 405 West 300 South in Hyrum[
(2) IRON MISSION STATE PARK. Access to Iron Mission State Park is at the parking
area and museum [
Main St. in Cedar City[
(3) JORDAN RIVER STATE PARK. Access to Jordan River State Park is at the park
entrance [
Redwood [
(4) JORDANELLE STATE PARK (HAILSTONE MARINA). Access to the Jordanelle
State Park Hailstone Marina begins in Wasatch County at State Highway 40 and proceeds
southeasterly [
parking area at the park and is under the jurisdiction of UDOT.
(5) JORDANELLE STATE PARK (ROCK CLIFF NATURE CENTER). Access to the
Jordanelle State Park Rock Cliff Nature Center begins in Wasatch County at State Highway 32 and
proceeds northwesterly [
park and is under the jurisdiction of the county.
(6) JORDANELLE STATE PARK (ROCK CREEK). Access to Jordanelle State Park Rock
Creek begins in Wasatch County at State Highway 189 and proceeds southerly [
road a distance of 0.1 miles to the parking area at the park and is under the jurisdiction of the county.
(7) KODACHROME BASIN STATE PARK. Access to the Kodachrome Basin State Park
begins in Kane County at State Highway 12 and proceeds southeasterly [
10.1 miles to the parking area at Kodachrome Lodge and is under the jurisdiction of Kane County.
(8) LOST CREEK STATE PARK. Access to the Lost Creek State Park begins in Morgan
County at Interstate Highway 84 and proceeds northeasterly [
12.8 miles to the parking/boat launch area at the park and is under the jurisdiction of Morgan
County.
(9) MILLSITE STATE PARK. Access to the Millsite State Park begins in Emery County
at State Highway 10 and proceeds northwesterly [
miles to the parking area at the park and is under the jurisdiction of Emery County.
(10) MINERSVILLE STATE PARK. Access to the Minersville State Park begins in Beaver
County at State Highway 21 and proceeds northwesterly [
of 0.3 miles to the visitor center/contact station at the park and is under the jurisdiction of UDOT.
(11) NEWSPAPER ROCK STATE PARK. Access to the Newspaper Rock State Park
begins in San Juan County at State Highway 191 and proceeds southwesterly [
Highway 211 a distance of 12.4 miles to the parking area at the park and is under the jurisdiction of
UDOT.
(12) OTTER CREEK STATE PARK. Access to the Otter Creek State Park is at the pay
gate/contact station [
is defined.
(13) PAINTED ROCKS (Yuba East Shore). Access to the Painted Rocks [
Shore[
road a distance of 2.0 miles to the parking/boat launch area at the park and is under the jurisdiction
of Sanpete County.
Section 86. Section 72-3-205 , which is renumbered from Section 27-12-23.9 is renumbered
and amended to read:
[
Starvation State Park.
[
highways include:
(1) PALISADE STATE PARK. Access to the Palisade State Park begins in Sanpete County
at State Highway 89 and proceeds northeasterly [
the golf club/contact station at the park and is under the jurisdiction of Sanpete County.
(2) PIONEER TRAILS STATE PARK. Access to Pioneer Trails State Park is at the park
entrance [
No access road is defined.
(3) PIUTE STATE PARK. Access to the Piute State Park begins in Piute County at State
Highway 89 and proceeds southeasterly [
parking area at the park and is under the jurisdiction of Piute County.
(4) QUAIL CREEK STATE PARK. Access to the Quail Creek State Park begins in
Washington County at State Highway 9 and proceeds northerly [
distance of 2.2 miles to the pay gate/contact station at the park and is under the jurisdiction of
UDOT.
(5) RED FLEET STATE PARK. Access to the Red Fleet State Park begins in Uintah
County at State Highway 191 and proceeds easterly [
to the pay gate at the park and is under the jurisdiction of Uintah County.
(6) ROCKPORT STATE PARK. Access to the Rockport State Park begins in Summit
County at State Highway 32 and proceeds northwesterly [
of 0.2 miles to the pay gate at the park and is under the jurisdiction of UDOT.
(7) SCOFIELD (Mountain View). Access to Scofield [
launch [
(8) SCOFIELD STATE PARK (Madsen Bay). Access to the Scofield State Park [
Highway 96. No access road is defined.
(9) SNOW CANYON STATE PARK. Access to the Snow Canyon State Park begins in
Washington County at [
Tuacahn Parkway to Federal Route 3200 then north on Federal Route 3200 to the south boundary
of the Snow Canyon State Park.
(10) STARVATION STATE PARK. Access to the Starvation State Park begins in
Duchesne County at State Highway 40 and proceeds northwesterly [
a distance of 2.2 miles to the boat ramp at the park and is under the jurisdiction of UDOT.
Section 87. Section 72-3-206 , which is renumbered from Section 27-12-23.10 is renumbered
and amended to read:
[
Yuba State Park.
[
highways include:
(1) STEINAKER STATE PARK. Access to the Steinaker State Park begins in Uintah
County at State Highway 191 and proceeds northwesterly [
of 1.7 miles to the boat ramp at the park and is under the jurisdiction of UDOT.
(2) TERRITORIAL STATEHOUSE STATE PARK. Access to the Territorial Statehouse
State Park is at the parking area [
No access road is defined.
(3) UTAH FIELD HOUSE OF NATURAL HISTORY STATE PARK. Access to Utah
Field House of Natural History State Park is at the parking area [
milepoint 145.8 on State Highway 40 [
defined.
(4) UTAH LAKE STATE PARK. Access to the Utah Lake State Park begins in Utah
County at State Highway 114 and proceeds westerly [
to the pay gate at the park and is under the jurisdiction of Utah County.
(5) VETERAN'S MEMORIAL CEMETERY. Access to the Veteran's Memorial Cemetery
is at the cemetery entrance [
[
(6) WASATCH MOUNTAIN STATE PARK. Access to the Wasatch Mountain State Park
begins in Wasatch County on State Route 40 at the junction of Federal Route 3130, a county road,
then westerly on Federal Route 3130 on River Road, Burgi Lane, and Cari Lane, county and city
roads, to State [
campground entrance.
(7) WILLARD BAY STATE PARK (South). Access to the Willard Bay State Park
[
Highway 312 a distance of 0.2 miles to the marina parking at the park and is under the jurisdiction
of UDOT.
(8) WILLARD BAY STATE PARK (North). Access to the Willard Bay State Park
[
on State Highway 315 a distance of 0.6 miles to the marina parking at the park and is under the
jurisdiction of UDOT.
(9) YUBA STATE PARK. Access to the Yuba State Park begins in Juab County at
Interstate Highway 15 and proceeds southerly [
to the pay gate at the park and is under the jurisdiction of Juab County.
Section 88. Section 72-3-207 , which is renumbered from Section 27-12-23.11 is renumbered
and amended to read:
[
-- Distribution -- Rulemaking.
(1) There is created the State Park Access Highways Improvement Program within the
department.
(2) The program shall be funded from the following revenue sources:
(a) any voluntary contributions received for improvements to state park access highways;
and
(b) appropriations made to the program by the Legislature.
(3) The department may use the program monies as matching grants to a county or
municipality for the improvement of class B or class C roads specified [
(a) monies available in the program;
(b) prioritization of the program monies by the commission;
(c) a county or municipality providing at least 50% of the cost of each improvement project
in matching funds; and
(d) rules made under Subsection (4).
(4) The department shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, necessary to administer the program and to establish the procedures
for a county or [
(5) All appropriations made to the program by the Legislature are nonlapsing.
Section 89. Section 72-4-101 is enacted to read:
72-4-101. Title.
This chapter is known as the "Designation of State Highways Act."
Section 90. Section 72-4-102 , which is renumbered from Section 27-12-27 is renumbered
and amended to read:
[
Designation of highways as state highways between sessions.
(1) (a) At each general session of the Legislature, the Legislature may add to or delete
highways or sections of highways from the state highway system.
(b) The department shall submit to the Legislature a list of highways or sections of highways
the commission recommends for addition to or deletion from the state highway system.
(c) (i) All recommendations shall be based on minimum qualifying standards established by
the commission.
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
commission shall make rules to establish the minimum qualifying standards for highways to be
included on the state highway system.
(2) Between sessions of the Legislature, highways may be designated as state highways or
deleted from the state highway system if:
(a) approved by the commission in accordance with the standards made under Subsection
(1); and
(b) the highways are included in the list of recommendations submitted to the Legislature
in the next year for legislative approval or disapproval.
Section 91. Section 72-4-103 , which is renumbered from Section 27-12-28 is renumbered
and amended to read:
[
county or municipality or abandonment.
When a state highway or portion of a state highway is deleted from the state highway system
by the Legislature or the commission, the department shall:
(1) return or relinquish the state highway or portion of the state highway to the county[
(2) abandon the state highway or portion of the state highway if it no longer serves the
purpose of a highway.
Section 92. Section 72-4-104 , which is renumbered from Section 27-12-29 is renumbered
and amended to read:
[
(1) The department may make changes in the alignment of state highways to provide for
greater highway safety or more economical highway operation and maintenance.
(2) When a state highway is realigned, the former portion of it may be:
(a) returned or relinquished to the county[
situated to be maintained as a highway; or
(b) abandoned by the department if it no longer serves the purpose of a highway.
Section 93. Section 72-4-105 , which is renumbered from Section 27-12-30 is renumbered
and amended to read:
[
If the route of a state highway extends into or through a [
Legislature has not specifically designated the location of the highway within the [
municipality, the commission, in cooperation with the [
designate the streets of the [
The designated streets shall be part of the state highway system without compensation to the [
Section 94. Section 72-4-106 , which is renumbered from Section 27-12-31.1 is renumbered
and amended to read:
[
[
(1) SR-6. From the Utah-Nevada state line easterly [
to the northbound ramps of the North Santaquin Interchange of Route 15; then [
beginning again at the Moark Connection Interchange of Route 15 easterly [
Fork Canyon and Price to Route 70 west of Green River.
(2) SR-9. From [
Park south boundary[
Carmel Junction.
(3) SR-10. From a junction with Route 70 [
Route 55 in Price.
Section 95. Section 72-4-107 , which is renumbered from Section 27-12-32.1 is renumbered
and amended to read:
[
[
(1) SR-11. From the Utah-Arizona state line south of Kanab northerly to Route 89 in Kanab.
(2) SR-12. From Route 89 at Bryce Canyon Junction easterly [
and Escalante then northerly [
(3) SR-13. From [
River and Haws Corner to 20800 North, northwest of Plymouth, [
southbound on- and off-ramps of Route 15 Plymouth Interchange.
(4) SR-14. From [
Long Valley Junction.
(5) SR-15. From the Utah-Arizona state line near St. George to the Utah-Idaho state line
south of Malad, Idaho, [
(6) SR-16. From the Utah-Wyoming state line [
[
(7) SR-17. From Route 9 in LaVerkin northerly to Route 15 at Anderson Junction.
(8) SR-18. From Route 15 in south [
(9) SR-19. From Route 70 west of Green River easterly [
70 near Elgin.
(10) SR-20. From Route 15, 14 miles north of Paragonah easterly to Route 89 at Orton.
Section 96. Section 72-4-108 , which is renumbered from Section 27-12-33.1 is renumbered
and amended to read:
[
[
(1) SR-21. From the Utah-Nevada state line near Garrison southerly and easterly to Beaver
[
(2) SR-22. From Antimony Bridge northerly to Route 62.
(3) SR-23. From Route 91 south of Wellsville northerly [
Petersboro, Newton, and Cornish to the Utah-Idaho state line near Weston, Idaho.
(4) SR-24. From Route 50 near Salina southerly [
then northeasterly to Route 70 at Buckmaster Interchange west of Green River.
(5) SR-25. From Fish Lake Junction on Route 24 northerly to near Bowery Haven
Campground.
(6) SR-26. From Route 126 in Roy easterly to Route 89 in Ogden.
(7) SR-28. From Route 89 in Gunnison northerly [
on- and off-ramps of Route 15 at the South Nephi Interchange.
(8) SR-29. From Joes Valley Reservoir easterly [
10 north of Castle Dale.
(9) SR-30. From the Utah-Nevada state line northeasterly [
to Route 84 west of Snowville; [
15 west of Riverside easterly [
then beginning again at a junction with Route 89 in Garden City southeasterly [
Creek Junction to the Utah-Wyoming state line.
Section 97. Section 72-4-109 , which is renumbered from Section 27-12-34.1 is renumbered
and amended to read:
[
[
(1) SR-31. From Route 89 in Fairview southeasterly to Route 10 in Huntington.
(2) SR-32. From Route 40 north of Heber City, northeasterly to a junction with Route 35
at Francis; [
of Wanship.
(3) SR-34. From Route 18 east [
of River Road.
(4) SR-35. From Route 32 at Francis southeasterly [
of Duchesne.
(5) SR-36. Two separate sections from Route 6 to Tintic Junction: the first, beginning near
mile post 138 to Tintic Junction, and the second, beginning near mile post 136 to Tintic Junction,
[
Interchange.
(6) SR-37. From Route 126 in Sunset west [
[
(7) SR-38. From Route 13 in Brigham City northerly [
Deweyville to Route 30 in Collinston.
(8) SR-39. From Route 134 easterly [
to Route 16 in Woodruff.
(9) SR-40. From Route 80 at Silver Creek Junction [
City[
Section 98. Section 72-4-110 , which is renumbered from Section 27-12-35.1 is renumbered
and amended to read:
[
[
(1) SR-41. From Route 15 south of Nephi northerly [
of Nephi.
(2) SR-42. From the Utah-Idaho state line near Strevell, Idaho, easterly to Route 30 at
Curlew Junction.
(3) SR-43. From the Utah-Wyoming state line about 6-1/2 miles west of Manila easterly
through Manila to the Utah-Wyoming state line about three miles east of Manila.
(4) SR-44. From Route 191 at Greendale Junction northwesterly to Route 43 in Manila.
(5) SR-45. From the Evacuation Wash Area south of Bonanza northwesterly [
Bonanza to Route 40 southeast of Vernal, near Naples.
(6) SR-46. From Route 191 at LaSal Junction easterly to the Utah-Colorado state line.
(7) SR-48. From a point 1.8 miles west of the post office in Copperton easterly to North
Holden Street in Midvale; [
7200 South Street; [
(8) SR-50. From Route 6 in Delta southeasterly to Holden, [
15 and [
in Scipio; [
southeasterly to a junction with Route 89 in Salina.
Section 99. Section 72-4-111 , which is renumbered from Section 27-12-36.1 is renumbered
and amended to read:
[
[
(1) SR-51. From Route 147 in Spanish Fork northeasterly to Route 89 in Springville.
(2) SR-52. From Route 114 easterly [
(3) SR-53. From Route 15 easterly [
(4) SR-54. From Mona easterly to the on and off ramps east of Route 15 at the Mona
Interchange.
(5) SR-55. From Route 6 west of Price easterly [
3rd East Street; [
easterly and southerly to Route 6 near Price southeast corporate limits.
(6) SR-56. From the Utah-Nevada state line easterly to Route 130 in Cedar City.
(7) SR-57. From Route 10 northerly to the Wilberg Mine northwest of Orangeville.
(8) SR-58. From the Utah-Nevada state line easterly [
(9) SR-59. From the Utah-Arizona state line northwesterly to Route 9 in Hurricane.
(10) SR-60. From Route 26 at Riverdale Junction easterly to Route 89.
Section 100. Section 72-4-112 , which is renumbered from Section 27-12-37.1 is renumbered
and amended to read:
[
[
(1) SR-61. From Route 23 [
(2) SR-62. From Route 89 south of Junction easterly [
Creek Reservoir; [
(3) SR-63. From Bryce National Park north boundary northerly to Tropic Junction on Route
12.
(4) SR-64. From Route 15 south of Holden northerly to Route 50.
(5) SR-65. From Route 80 near Mt. Dell Reservoir northeasterly [
Young Memorial Highway to Henefer; [
(6) SR-66. From Route 65 near East Canyon Reservoir northerly [
to Route 84 in Morgan.
(7) SR-68. From Route 6 at Elberta northerly [
in Bountiful to a junction with Route 106, 2nd West, in Bountiful.
(8) SR-70. From Route 15 near Cove Fort to the Utah-Colorado state line west of Grand
Junction, Colorado, [
Section 101. Section 72-4-113 , which is renumbered from Section 27-12-38.1 is renumbered
and amended to read:
[
[
(1) SR-71. From Route 68 in Riverton easterly to Seventh East Street in Draper; [
then northerly [
Fourth South Street in Salt Lake City.
(2) SR-72. From Route 24 in Loa northerly to a junction with Route 70 and Route 10 near
Fremont Junction.
(3) SR-73. From Route 36 northeast of St. John Station southeasterly [
Pass; [
(4) SR-74. From Route 89 in American Fork northerly to Alpine.
(5) SR-75. From Route 15 northwest of Springville easterly to Route 89 near Ironton.
(6) SR-76. From Route 70 easterly to old Fremont Junction on Route 72.
(7) SR-77. From Route 147 north of Benjamin north [
then easterly to Route 89 in Springville.
(8) SR-78. From Route 15 at the Mills Junction Interchange northerly to west of Levan;
[
(9) SR-79. From Route 126 easterly [
separation, [
to Route 203; [
westbound lane only to merge with eastbound lanes.
(10) SR-80. From the Utah-Nevada state line in Wendover to the Utah-Wyoming state line
west of Evanston, Wyoming, [
Section 102. Section 72-4-114 , which is renumbered from Section 27-12-39.1 is renumbered
and amended to read:
[
[
(1) SR-81. From Route 30 north to Fielding.
(2) SR-82. From Route 102 north [
[
(3) SR-83. From Route 13 in Corinne westerly to Lampo Junction; [
to Route 84 at Howell Interchange.
(4) SR-84. From the Utah-Idaho state line near Snowville to a point on Route 15 at the
Tremonton Interchange; [
Echo, traversing the alignment of interstate Route 84.
(5) SR-86. From Route 65 at Henefer westerly to Route 84.
(6) SR-87. From Route 40 in Duchesne northerly; [
Altamont; thence southeasterly [
Roosevelt.
(7) SR-88. From the south end of the Green River Bridge south of Ouray northerly to Route
40 east of Ft. Duchesne.
(8) SR-89. From the Utah-Arizona state line northwest of Page, Arizona, westerly to Kanab;
[
beginning again at the junction with Route 70 south of Salina, northerly [
Gunnison and Mt. Pleasant to a junction with Route 6 at Thistle Junction; [
beginning again at a junction with Route 6 at Moark Junction northerly [
Provo, Orem, and American Fork to Route 15 north of Lehi; then [
at a junction with Route 15 near Draper Crossroads northerly via Murray and Salt Lake City to a
junction with Route 15 at Beck Interchange; then [
Route 15 near Orchard Drive northerly [
Bountiful Interchange; then [
Junction northerly [
Brigham City; then [
northeasterly to Garden City; [
(9) SR-90. From Route 13 in Brigham easterly [
Section 103. Section 72-4-115 , which is renumbered from Section 27-12-40.1 is renumbered
and amended to read:
[
[
(1) SR-91. From Route 15 south of Brigham City; [
Brigham Canyon and Logan to the Utah-Idaho state line near Franklin, Idaho.
(2) SR-92. From Route 15 near Point of the Mountain east [
Canyon to Route 189 in Provo Canyon.
(3) SR-93. From the on- and off-ramps on the west side of Route 15, east along the south
city limits of Woods Cross to Route 89.
(4) SR-94. From Route 70 northeasterly to Thompson.
(5) SR-95. From Route 24 east of Hanksville southerly crossing near the confluence of the
Dirty Devil and Colorado Rivers to a point 4.3 miles south of Blanding on Route 191.
(6) SR-96. From Clear Creek northerly [
(7) SR-97. From Route 108 east [
(8) SR-98. From Route 37 at Hooper east to Route 108.
(9) SR-99. From Route 15 south of Fillmore northerly [
(10) SR-100. From Route 99 in Fillmore westerly then northerly to Route 50 west of
Holden.
Section 104. Section 72-4-116 , which is renumbered from Section 27-12-41.1 is renumbered
and amended to read:
[
[
(1) SR-101. From Wellsville on Route 23 easterly [
Ranch with a stub connection to the visitors' center and parking area.
(2) SR-102. From Route 83 east of Lampo Junction northeasterly [
Thatcher; [
(3) SR-103. From Route 126 in Clearfield easterly [
to Hill Air Force Base main gate.
(4) SR-104. From Route 126 easterly [
Twenty-first Street in Ogden to Route 204.
(5) SR-105. From Route 15 east [
(6) SR-106. From Route 89 northerly [
Bountiful; [
Sheppard Lane to Route 89.
(7) SR-107. From Route 110 west of West Point easterly [
126 in Clearfield.
(8) SR-108. From the I-15 north bound on- and off-ramps at the Hill Field South Gate
Interchange in Layton west to Syracuse; [
northeasterly to Route 126.
(9) SR-109. From Route 126 easterly [
(10) SR-110. From Route 127 west of Syracuse north to Route 37 west of Clinton.
Section 105. Section 72-4-117 , which is renumbered from Section 27-12-42.1 is renumbered
and amended to read:
[
[
(1) SR-111. From Route 48 east of Copperton northerly [
northeast of Magna.
(2) SR-112. From a point east of Grantsville on Route 138 southeasterly to Tooele on Route
36.
(3) SR-113. From Route 189 in Charleston northerly to Midway; [
Route 40 in Heber City.
(4) SR-114. From Route 89 in Provo westerly [
[
Grove.
(5) SR-115. From Route 6 in Payson northerly to Benjamin; [
156 in Spanish Fork.
(6) SR-116. From Route 132 in Moroni easterly to Route 89 in Mt. Pleasant.
(7) SR-117. From Wales easterly [
northeasterly to Route 89.
(8) SR-118. From Route 70 easterly [
northerly to Route 120 in south Richfield. [
North in Richfield, northeasterly to Route 24 near Sigurd.
(9) SR-119. From Route 118 in Richfield easterly to Route 24 at Kings Meadow Canyon.
(10) SR-120. From Route 70 easterly to Main Street in Richfield; [
[
Section 106. Section 72-4-118 , which is renumbered from Section 27-12-43.1 is renumbered
and amended to read:
[
[
(1) SR-121. From Route 40 in Roosevelt northerly to Neola; [
through LaPoint and Maeser to Route 40 in Vernal.
(2) SR-122. From the Utah Railway right-of-way line near Hiawatha easterly to Route 10
near Carbon-Emery County line.
(3) SR-123. From Route 6 at Sunnyside Junction easterly to Sunnyside.
(4) SR-124. From Horse Canyon coal mine northerly [
Route 123.
(5) SR-125. From Route 50 east of Delta easterly to Oak City; [
Route 132 near Leamington.
(6) SR-126. From Route 15 south of Layton northerly to Route 89 at Hot Springs Junction.
(7) SR-127. From Route 110 easterly [
in Syracuse.
(8) SR-128. From Route 191 near Moab northeasterly along south bank of Colorado River
to Dewey; [
(9) SR-130. From Route 15 northerly [
Minersville.
Section 107. Section 72-4-119 , which is renumbered from Section 27-12-44.1 is renumbered
and amended to read:
[
[
(1) SR-131. From Route 15 east [
(2) SR-132. From Route 6 in Lynndyl northeasterly [
[
Junction.
(3) SR-133. From Kanosh south city limits north [
of Meadow.
(4) SR-134. From Route 37 at Kanesville northerly to Plain City; [
Route 89 in Pleasant View.
(5) SR-136. From a junction with Route 50 and 125 east of Delta north to Route 6
(unconstructed).
(6) SR-137. From Route 89 in Gunnison easterly to Mayfield; [
Route 89.
(7) SR-138. From Route 80 at Stansbury Interchange southeasterly [
to Route 36 at Mills Junction.
(8) SR-139. From Route 6 northerly to Route 157 near Spring Glen.
(9) SR-140. From Route 68 at Bluffdale easterly coincident with the Bluffdale Road to the
on and off access ramps on the east side of Route 15.
Section 108. Section 72-4-120 , which is renumbered from Section 27-12-45.1 is renumbered
and amended to read:
[
[
(1) SR-141. From Route 6 in Genola to Route 147 west of Payson.
(2) SR-142. From Route 23 near Newton to Clarkston; [
Trenton to Route 91 in Richmond.
(3) SR-143. From Route 15 west of Parowan easterly [
to the Panguitch Lake Road, then easterly and northerly coincident with the Panguitch Lake Road
to Route 89 in Panguitch.
(4) SR-144. From Route 92 in American Fork Canyon northerly to Tibble Fork Reservoir.
(5) SR-145. From Route 15 east [
Route 89.
(6) SR-146. From Route 89 at Pleasant Grove northerly to Route 92 near the mouth of
American Fork Canyon.
(7) SR-147. From Route 6 at Payson westerly to McBeth Corner; [
four miles; [
approximately one mile; [
Mapleton; [
(8) SR-148. From Route 14 north to Cedar Breaks National Monument south boundary.
(9) SR-149. From Route 40 at Jensen northerly to Dinosaur National Monument boundary.
(10) SR-150. From Route 32 in Kamas easterly to Mirror Lake and northerly to
Utah-Wyoming state line.
(11) SR-151. From Route 68 east [
then southeasterly to 10600 South Street; [
Route 15.
Section 109. Section 72-4-121 , which is renumbered from Section 27-12-46.1 is renumbered
and amended to read:
[
[
(1) SR-152. From Route 71 at 4800 South Street southeasterly [
Expressway to the Route 215 Interchange near 6400 South Street.
(2) SR-153. From Route 160 in Beaver easterly [
City.
(3) SR-154. From Route 15 westerly near 13400 South [
near 3200 West; [
International Airport.
(4) SR-155. From Route 10 in Huntington northeasterly to Cleveland; [
northerly to Route 10 at Washboard Junction.
(5) SR-156. From Route 6 in Spanish Fork north [
(6) SR-157. From Route 244 at Poplar and Main Streets in Helper southerly and
northeasterly to Kenilworth.
(7) SR-158. From Eden Junction on Route 39 northerly to the parking lot of Powder
Mountain Ski Resort.
(8) SR-159. From Route 21 near Garrison north to Route 6 near the Utah-Nevada state line.
(9) SR-160. From Route 15 south of Beaver northerly [
north of Beaver.
Section 110. Section 72-4-122 , which is renumbered from Section 27-12-47.1 is renumbered
and amended to read:
[
SR-168.
[
(1) SR-161. From Route 70 near Cove Fort northwesterly to Route 15.
(2) SR-163. From the Utah-Arizona state line southwest of Mexican Hat northeasterly to
Route 191 near Bluff and [
262 at Montezuma Creek.
(3) SR-164. From Route 15 southwest of Spanish Fork easterly to Route 6 one-half mile
south of Spanish Fork.
(4) SR-165. From Paradise northerly [
(5) SR-167. From Route 84 near Mountain Green northerly [
Trappers Loop Road to Route 39 south of Huntsville.
(6) SR-168. From the north entrance of Hill Air Force Base northerly to Route 60 in
Riverdale.
Section 111. Section 72-4-123 , which is renumbered from Section 27-12-48.1 is renumbered
and amended to read:
[
[
(1) SR-171. From Route 111 at Eighty-fourth West Street and Thirty-fifth South Street
easterly [
belt route.
(2) SR-172. From 6200 South north [
(3) SR-173. From Route 111 southeast of Magna easterly [
to Route 89 at 5300 South Street in Murray.
(4) SR-174. From Intermountain Power Plant maingate southeasterly to Route 6 south of
Lynndyl.
(5) SR-180. From Route 15 southeast of American Fork northerly [
to Route 89 in American Fork.
Section 112. Section 72-4-124 , which is renumbered from Section 27-12-49.1 is renumbered
and amended to read:
[
SR-190.
[
(1) SR-181. From Route 152 north [
City.
(2) SR-184. From Route 89 at North Temple and State Streets in Salt Lake City northerly
[
[
(3) SR-186. From Route [
Third West Street; [
then easterly [
80 near the mouth of Parley's Canyon.
(4) SR-189. From Route 15 south of Provo northerly [
Canyon to Route 40 south of Heber.
(5) SR-190. From Route 215 at Knudsen's Corner southeasterly to Route 210 at the mouth
of Big Cottonwood Canyon; [
Brighton, including Brighton Loop; [
Lake-Wasatch County line.
Section 113. Section 72-4-125 , which is renumbered from Section 27-12-50.1 is renumbered
and amended to read:
[
SR-200.
[
(1) SR-191. From the Utah-Arizona state line south of Bluff northerly [
Blanding, Monticello, and Moab to Route 70 at Crescent Junction; then [
again from Route 6 north of Helper northerly [
then [
Junction and Dutch John to the Utah-Wyoming state line.
(2) SR-193. From Route 126 in Clearfield east [
Force Base to Route 89.
(3) SR-195. From Route 266 near Holladay north [
80.
(4) SR-197. From Route 73 northerly [
(5) SR-198. From Route 15 northbound ramps of the North Santaquin Interchange
northeasterly [
through Salem to 300 South in Spanish Fork; then easterly and southeasterly to Route 6 at Moark
Junction.
(6) SR-199. From Dugway Proving Grounds main gate northeasterly [
to Route 36.
(7) SR-200. From Route 61 in Lewiston, approximately three miles west of Route 91, north
to the Utah-Idaho state line.
Section 114. Section 72-4-126 , which is renumbered from Section 27-12-51.1 is renumbered
and amended to read:
[
[
(1) SR-201. From Route 80 at Lake Point Junction east [
to Route 89 in Salt Lake City.
(2) SR-202. From Route 201 near Garfield northwesterly [
to Route 80.
(3) SR-203. From Route 89 near Uintah northerly [
to Route 39.
(4) SR-204. From Route 26 north [
(5) SR-208. From Route 40 east of Fruitland northerly to Route 35 near Tabiona.
(6) SR-209. From Route 68 easterly [
southeasterly to Ninety-fourth South Street; [
Little Cottonwood Canyon.
(7) SR-210. From Route 190 at the mouth of Big Cottonwood Canyon southeasterly [
on Wasatch Boulevard[
(8) SR-211. From Dugout Ranch southeasterly; [
near Church Rock.
Section 115. Section 72-4-127 , which is renumbered from Section 27-12-52.1 is renumbered
and amended to read:
[
[
(1) SR-212. From the northwest frontage road of Washington Interchange southeasterly;
[
(2) SR-215. From a junction with Route 80 near the mouth of Parley's Canyon southeast
of Salt Lake City, southwesterly to near the south city limits of Murray, junctioning with Route 15,
[
City, [
(3) SR-218. From Route 23 east of Newton easterly to Route 91 in Smithfield.
(4) SR-219. From the 1984 west corporate limits of Enterprise east to Route 18.
Section 116. Section 72-4-128 , which is renumbered from Section 27-12-53.1 is renumbered
and amended to read:
[
[
(1) SR-224. From Route 113 in Midway northerly to Pine Creek Campground;
[
Park City to Route 80 at Kimball Junction.
(2) SR-225. From Route 15 east [
(3) SR-226. From Snow Basin northeasterly to Route 39 near Huntsville.
(4) SR-227. From Route 15 near Glover Lane north [
[
(5) SR-228. From the northbound off-ramp of Route 15 at the South Leeds Interchange;
then northerly [
to the southbound off-ramp of Route 15; and from the southbound on-ramp of Route 15 easterly to
Main Street in Leeds.
Section 117. Section 72-4-129 , which is renumbered from Section 27-12-54.1 is renumbered
and amended to read:
[
[
(1) SR-232. From Route 126 in Layton north to the south entrance to Hill Air Force Base.
(2) SR-235. From Route 89 in Ogden north to North Ogden; [
89 in Pleasant View.
(3) SR-237. From Seventh North Street and Eighth East Street in Logan northerly to Hyde
Park; [
(4) SR-238. From Route 165 east to Millville; [
Providence and River Heights to Route 91 in Logan.
(5) SR-239. From Route 91 in Logan east [
237.
(6) SR-240. From Route 15 east to Route 38 in Honeyville.
Section 118. Section 72-4-130 , which is renumbered from Section 27-12-55.1 is renumbered
and amended to read:
[
[
(1) SR-241. From SR-114 east [
east side of interstate Route 15.
(2) SR-243. From Route 89 in Logan Canyon to Beaver Mountain Ski Resort.
(3) SR-244. From Route 6 in Helper easterly [
then northerly [
(4) SR-248. From Route 224 at Park City Junction to Route 40 at the Park City Interchange;
[
Section 119. Section 72-4-131 , which is renumbered from Section 27-12-56.1 is renumbered
and amended to read:
[
[
(1) SR-256. From 89 north of Salina northerly [
89 south of Axtell.
(2) SR-257. From Route 21 at Milford northeasterly [
to Route 6 near Hinckley.
(3) SR-258. From Route 70 near Elsinore easterly to Route 118 east of Elsinore.
(4) SR-259. From Route 24 near Sigurd, north to I-70 at the Sigurd Interchange.
(5) SR-260. From Route 24 south of Aurora to Route 50 west of Salina.
Section 120. Section 72-4-132 , which is renumbered from Section 27-12-57.1 is renumbered
and amended to read:
[
SR-268 to SR-270.
[
(1) SR-261. From Route 163 north of Mexican Hat to Route 95 east of Natural Bridges
National Monument.
(2) SR-262. From [
and southerly to [
to the Utah-Colorado state line.
(3) SR-264. From Route 31 easterly [
96 south of Scofield.
(4) SR-265. From Route 114 near Twelfth South Street in Orem southeasterly to Route 189
in Provo.
(5) SR-266. From Route 215 easterly [
South Street to Route 215.
(6) SR-268. From Route 15 easterly [
(7) SR-269. From Route 15 [
Streets to Route 89 in Salt Lake City, providing one-way couplets.
(8) SR-270. From Route 15 easterly and northerly [
in Salt Lake City.
Section 121. Section 72-4-133 , which is renumbered from Section 27-12-58.1 is renumbered
and amended to read:
[
[
(1) SR-271. From Route 274 in Parowan northeasterly to Route 15 north of Paragonah.
(2) SR-272. From Route 106 (Sheppard Lane) in Farmington northerly to North Farmington
Junction.
(3) SR-273. From Route 89 at North Farmington Junction northerly to Kaysville; [
then west [
(4) SR-274. From Route 143 in Parowan north [
15 north of Parowan.
(5) SR-275. From Route 95 northwesterly to the east boundary of Natural Bridges National
Monument.
(6) SR-276. From Route 95 southerly to Glen Canyon National Recreation Area boundary
near Bullfrog Basin then [
Area boundary east of Halls Crossing easterly to Route 95.
(7) SR-279. From the Potash Plant north along the Colorado River to Route 191 north of
Moab.
(8) SR-280. From Route 80 near the south limits of Coalville easterly to Main Street in
Coalville.
Section 122. Section 72-4-134 , which is renumbered from Section 27-12-59.1 is renumbered
and amended to read:
[
[
(1) SR-282. At University of Utah.
(a) From 500 South Street north [
(b) From University Street and 400 South Street easterly and northeasterly [
Campus Drive to Wasatch Drive.
(c) From Foothill Boulevard Route 186 northerly [
Drive.
(d) From Wasatch Drive northerly [
to North Campus Drive; [
(2) SR-283. From Route 55 in Price north [
[
East Street to Fourth North Street; [
Street, providing a peripheral road around the College of Eastern Utah.
(3) SR-284. At Weber State University in Ogden.
(a) From 4100 South Street northerly [
[
Boulevard.
(b) From Route 203 easterly [
(c) Campus North Road from the north-south peripheral road easterly [
Street to Foothill Drive.
(d) From Route 203, Harrison Boulevard, easterly [
peripheral road.
(e) From Route 203, Harrison Boulevard, easterly [
north-south peripheral road.
(4) SR-285. The Institute for the Deaf. From Twentieth Street in Ogden northwesterly to
Monroe Avenue.
(5) SR-286. From Route 235 to and including a peripheral road at the State Industrial
School in Ogden.
(6) SR-287. From Route 140 northerly to the Utah State Prison Vehicle Direction Station.
(7) SR-288. From Route 89 at 1200 East in Logan, at Utah State University, [
East and 1000 North to Route 237.
(8) SR-289. At College of Southern Utah. From Route 130 in Cedar City westerly [
Center Street to 1150 West Street; [
Third West Street; [
College of Southern Utah.
(9) SR-290. At Snow College. From Route 89 in Ephraim easterly [
Street to Fourth East Street; [
providing a peripheral road around Snow College.
Section 123. Section 72-4-135 , which is renumbered from Section 27-12-60.1 is renumbered
and amended to read:
[
[
(1) SR-291. The Institute for the Blind. From Route 203, Harrison Boulevard, near Seventh
Street in Ogden easterly and southerly to the hospital, including the loop on the southwest side of
the hospital.
(2) SR-292. At Salt Lake Community College.
(a) From 2200 West Street easterly [
beginning again at 0.47 mile easterly [
(b) From Route 68 westerly [
on 1900 West to 4520 South.
(c) From 4600 South northerly paralleling Route 68 to 4520 South.
(d) From 2200 West easterly [
(3) SR-293. At State Capitol Building. All roads and parking areas within the capitol
grounds.
(4) SR-294. At State Mental Hospital. From the main gate on Center Street in Provo
easterly to the administration building.
(5) SR-295. Those roads used for drivers' tests at 1200 West in Orem City.
(6) SR-296. At American Fork Training School. From 700 North in American Fork
northerly.
(7) SR-297. At State Fair Grounds.
(a) The roadway [
Street and 9th West Street in Salt Lake City, west to the roadway on the east side of the Coliseum;
[
roadway on the west side of the Coliseum; [
the cattle barns; [
on the south side of the drivers' license building; [
of the drivers' license building; [
peripheral road around the fair grounds area.
(b) The roadway from the peripheral road on the south, north to the peripheral road on the
north.
(c) The roadway from the peripheral road on the west, east [
Coliseum to Route 297-b.
(d) The roadway from Route 297-c north [
peripheral road.
(e) The roadway from Route 297-d near the main entrance to the Coliseum, east to Route
297-b.
(f) The roadway from Route 297-b east to the peripheral road near the southwest corner of
the drivers' license building.
(g) The roadway, including the parking area, on the west side of the drivers' license building,
from Route 297-f north to the peripheral road.
(8) SR-298. Roads at the Browning Armory in South Ogden used for automotive drivers'
ability tests including parking areas.
(9) SR-299. Those roads used for drivers' tests at 2780 West and 4700 South in Salt Lake
County.
(10) SR-300. From the southwest boundary of Snow Canyon State Park northerly [
through Snow Canyon to Route 18.
Section 124. Section 72-4-136 , which is renumbered from Section 27-12-61.1 is renumbered
and amended to read:
[
to SR-310.
[
(1) SR-301. From the boat ramp at Steinaker State Park northeasterly to Route 44 near the
north end of Steinaker Reservoir.
(2) SR-302. From Route 32 near the south end of Rockport Reservoir northwesterly to a
point near the north boundary of Rockport State Park.
(3) SR-303. From the Goblin Valley Overlook northerly to the Goblin Valley State Park
north boundary.
(4) SR-304. From the parking lot at the beach area in Hyrum State Park northwesterly to
a junction with Center Street and Fifth South Street in Hyrum City.
(5) SR-306. From the parking area north to Route 66 near the north end of East Canyon
Lake State Park.
(6) SR-308. From a local road at the south boundary of Kodachrome Basin State Park
northerly to where pavement ends and one way traffic begins.
(7) SR-309. From a local road northerly to the parking area at Millsite Lake State Park.
(8) SR-310. From the parking area at Minersville Lake State Park east to Route 21.
Section 125. Section 72-4-137 , which is renumbered from Section 27-12-62.1 is renumbered
and amended to read:
[
[
(1) SR-311. From Route 40 northerly to the boat ramp at Starvation Lake State Park.
(2) SR-312. From the parking area at the south marina of Willard Bay State Park east to a
local road.
(3) SR-313. From the camping area at Dead Horse Point northerly to Route 191 near Seven
Mile Canyon.
(4) SR-314. From Route 189 northwesterly to the boat ramp at Deer Creek Lake State
Recreation area.
(5) SR-315. From the parking area at the marina of Willard Bay North State Recreation
Area northerly to 750 North in Willard, [
(6) SR-316. From the Great Goosenecks of the San Juan State Park northeasterly to Route
261.
(7) SR-317. Roads and parking areas at the [
(8) SR-318. From Route 9 northerly to Quail Creek State Park pay gate.
(9) SR-319. From southbound on and off ramps Mayflower Interchange southeasterly to
the end of constructed road; [
[
(10) SR-320. Department of Public Safety Emergency Vehicle Operation Range at Camp
Williams.
(11) SR-666. From Route 191 at Monticello east to the Utah-Colorado state line.
Section 126. Section 72-4-201 , which is renumbered from Section 27-12-160 is renumbered
and amended to read:
[
(1) There is established the Veterans' Memorial Highway composed of the existing Interstate
Highway 15 from the Utah-Idaho border to the Utah-Arizona border.
(2) The department shall designate Interstate 15 as the "Veterans' Memorial Highway" on
all future state highway maps.
Section 127. Section 72-4-202 , which is renumbered from Section 27-12-161 is renumbered
and amended to read:
[
(1) There is established the Legacy Loop Highway comprising the existing highway from
Route 15 south of St. George, northerly on Route 18 to Route 56 at Beryl Junction, then easterly on
Route 56 to Route 130 in Cedar City, and then northeasterly on Route 130 and county routes 1788
and 1786 to Route 143 in Parowan.
(2) The Department of Transportation shall designate the portions of the highways identified
in Subsection (1) as the Legacy Loop Highway on all future state highway maps.
Section 128. Section 72-4-203 , which is renumbered from Section 27-12-162 is renumbered
and amended to read:
[
(1) There is established the Utah National Parks Highway comprising the existing highway
from Route 89 at the Utah-Arizona border near Big Water westerly on Route 89 to Route 9 near
Mount Carmel Junction then westerly on Route 9 to Route 17 near La Verkin then northerly on
Route 17 to Interstate Highway 15 then northerly on Interstate Highway 15 frontage roads, the
Veterans' Memorial Highway, to Route 14 near Cedar City then southeasterly on Route 14 to Route
148 near Cedar Breaks National Monument then northerly on Route 148 to Route 143 near the north
end of Cedar Breaks National Monument then northeasterly on Route 143 to Route 89 near
Panguitch then southerly on Route 89 to Route 12 near Red Canyon then northeasterly on Route 12,
the Clem Church Memorial Highway, to Route 24 near Torrey then easterly on Route 24 to Route
95 near Hanksville then southeasterly on Route 95, the Bicentennial Highway, to Route 191 near
Blanding then northerly on Route 191 to the junction with Interstate Highway 70 near Crescent
Junction.
(2) In addition to other official designations, the Department of Transportation shall
designate and highlight the portions of the highways identified in Subsection (1) as the Utah
National Parks Highway on all future state highway maps.
Section 129. Section 72-5-101 is enacted to read:
72-5-101. Title.
This chapter is known as the "Rights-of-way Act."
Section 130. Section 72-5-102 , which is renumbered from Section 27-12-96 is renumbered
and amended to read:
[
[
highway purposes" includes:
(1) rights-of-way, including those necessary for state highways within cities and towns;
(2) the construction, reconstruction, relocation, improvement, and maintenance of the state
highways and other highways, roads, and streets under the control of the department;
(3) limited access facilities, including rights of access, air, light, and view and frontage and
service roads to highways;
(4) adequate drainage in connection with any highway, cut, fill, or channel change and the
maintenance of any highway, cut, fill, or channel change;
(5) weighing stations, shops, offices, storage buildings and yards, and road maintenance or
construction sites;
(6) road material sites, sites for the manufacture of road materials, and access roads to the
sites;
(7) the maintenance of an unobstructed view of any portion of a highway to promote the
safety of the traveling public;
(8) the placement of traffic signals, directional signs, and other signs, fences, curbs, barriers,
and obstructions for the convenience of the traveling public;
(9) the construction and maintenance of storm sewers, sidewalks, and highway illumination;
(10) the construction and maintenance of livestock highways; and
(11) the construction and maintenance of roadside rest areas adjacent to or near any highway.
Section 131. Section 72-5-103 , which is renumbered from Section 27-12-101 is renumbered
and amended to read:
[
Title to property acquired.
(1) The department may acquire any real property or interests in real property necessary for
temporary, present, or reasonable future state highway purposes by gift, agreement, exchange,
purchase, condemnation, or otherwise.
[
by gift, agreement, exchange, purchase, condemnation, or otherwise for highway rights-of-way or
other highway purposes may be in fee simple or any lesser estate or interest.
[
only an easement passes the title of the person whose estate is transferred to the middle of the
highway.
Section 132. Section 72-5-104 , which is renumbered from Section 27-12-89 is renumbered
and amended to read:
[
A highway shall be deemed to have been dedicated and abandoned to the use of the public
when it has been continuously used as a public thoroughfare for a period of ten years.
Section 133. Section 72-5-105 , which is renumbered from Section 27-12-90 is renumbered
and amended to read:
[
All public highways once established shall continue to be highways until abandoned or
vacated by order of the highway authorities having jurisdiction over any [
competent authority.
Section 134. Section 72-5-106 , which is renumbered from Section 27-12-91 is renumbered
and amended to read:
[
[
nonuser [
for right-of-way or for land or material comprising [
Section 135. Section 72-5-107 , which is renumbered from Section 27-12-92 is renumbered
and amended to read:
[
to roads crossing land.
(1) (a) [
land in this state over which [
used as [
three months after receipt of [
writing to the county executive of the county in which the land is situated.
(b) The county legislative body shall have an additional period of three months in which to
begin proceedings to condemn the land according to law.
(2) (a) The highway shall continue open as a public highway during [
(b) If no action is begun by the county executive within the period [
under Subsection (1)(b), the highway shall be considered to be abandoned by the public.
(3) In case of a failure by the person so acquiring title to public lands to assert his claim for
damage [
a patent to [
any damages by reason of the public highway, and the [
Section 136. Section 72-5-108 , which is renumbered from Section 27-12-93 is renumbered
and amended to read:
[
The width of rights-of-way for public highways shall be [
of the state, counties, [
their respective jurisdiction.
Section 137. Section 72-5-109 , which is renumbered from Section 27-12-94 is renumbered
and amended to read:
[
Counties[
department for state highway purposes.
Section 138. Section 72-5-110 , which is renumbered from Section 27-12-95 is renumbered
and amended to read:
[
The department may acquire by gift, agreement, exchange, purchase, or otherwise machinery,
tools, equipment, materials, supplies, or other personal property necessary for the administration,
construction, maintenance, and operation of the state highways, and may sell, exchange, or otherwise
dispose of the machinery, tools, equipment, materials, supplies, and other personal property when
no longer suitable or required for state highway purposes.
Section 139. Section 72-5-111 , which is renumbered from Section 27-12-97 is renumbered
and amended to read:
[
(1) (a) [
property, acquired for a highway purpose, is no longer necessary for the purpose, the department
may lease, sell, exchange, or otherwise dispose of the real property or interest in the real property.
(b) Real property may be sold at private or public sale and the proceeds of the sale shall be
turned over to the state treasurer and credited to the Transportation Fund.
(2) In the disposition of land at any private sale, first consideration may be given to the
original grantor or his successor-in-interest.
(3) Any sale, exchange, or disposal of real property or interest in real property made by the
department pursuant to this section, is exempt from the mineral reservation provisions of Title 65A,
Chapter 6, Mineral Leases, and any deed made and delivered by the department pursuant to this
section without specific reservations in the deed is a conveyance of all the state's right, title, and
interest in the real property or interest in the real property.
Section 140. Section 72-5-112 , which is renumbered from Section 27-12-98 is renumbered
and amended to read:
[
subdivision -- Exchange.
The department may purchase or otherwise acquire from any county, city, or other political
subdivision of the state real property or interests in real property which may be exchanged for or
used in the purchase of other real property or interests in real property to be used in connection with
the construction, maintenance, or operation of state highways.
Section 141. Section 72-5-113 , which is renumbered from Section 27-12-99 is renumbered
and amended to read:
[
remainder.
If a part of an entire lot, block, tract of land, or interest or improvement in real property is
to be acquired by the department and the remainder is to be left in a shape or condition of little value
to its owner or to give rise to claims or litigation concerning damages, the department may acquire
the whole of the [
property needed for highway purposes.
Section 142. Section 72-5-114 , which is renumbered from Section 27-12-100 is renumbered
and amended to read:
[
or rental.
(1) [
interests or improvements in real property in advance of the actual construction, reconstruction, or
improvement of highways [
payment of excessive damages[
(b) The real property or interests or improvements in real property may be leased or rented
by the department in a manner, for a period of time, and for a sum determined by the department to
be in the best interest of the state.
(2) (a) The department may employ private agencies to manage rental properties when it is
more economical and in the best interests of the state.
(b) All moneys received for leases and rentals, after deducting any portion to which the
federal government may be entitled, shall be deposited with the state treasurer and credited to the
Transportation Fund.
Section 143. Section 72-5-115 , which is renumbered from Section 27-12-103 is renumbered
and amended to read:
[
public use.
(1) If property devoted to or held for some other public use for which the power of eminent
domain might be exercised is to be taken for state highway purposes, the department may, with the
consent of the person or agency in charge of the other public use, condemn real property to be
exchanged with the person or agency for the real property to be taken for state highway purposes.
(2) This section does not limit the department's authorization to acquire, other than by
condemnation, property for exchange purposes.
Section 144. Section 72-5-201 , which is renumbered from Section 27-12-103.2 is
renumbered and amended to read:
[
(1) (a) The Legislature recognizes that highways provide tangible benefits to private and
public lands of the state by providing access, allowing development, and facilitating production of
income.
(b) Many of those highways traverse state lands, including lands held by the state in trust
for the school children and public institutions of the state.
(c) Many of the existing highways have been previously established without an official grant
of an easement or right of entry from this state, yet these highways often are the only access to
private and public lands of the state.
(2) The Legislature intends to establish a means for ensuring continued access to the private
and public lands of the state for the good of the people, while fulfilling its fiduciary responsibilities
toward the schoolchildren by protecting their trust holdings against loss.
Section 145. Section 72-5-202 , which is renumbered from Section 27-12-103.3 is
renumbered and amended to read:
[
As used in [
(1) "Responsible authority" means a private party, the state of Utah, or a political
subdivision of the state claiming rights to a highway right-of-way, easement, or right of entry across
state lands.
(2) "Sovereign lands" has the same meaning as provided in Section 65A-1-1 .
(3) "State lands" means sovereign and trust lands, as well as all other lands held by or on
behalf of the departments, divisions, or institutions of the state.
(4) "Trust lands" has the same meaning as "school and institutional trust lands" as defined
in Section 53C-1-103 .
Section 146. Section 72-5-203 , which is renumbered from Section 27-12-103.4 is
renumbered and amended to read:
[
-- Conditions.
(1) (a) (i) Subject to Section 53C-1-302 and Subsection 53C-1-204 (1), a temporary public
easement or right of entry is granted for each highway existing prior to January 1, 1992, that
terminates at or within or traverses any state lands and that has been constructed and maintained or
used by a responsible authority.
(ii) The temporary public easement or right of entry granted under Subsection (1)(a)(i) is 100
feet wide for each class A and B highway.
(b) Each easement shall remain in effect through June 30, 1998, or until a permanent
easement or right of entry has been established under Subsection (2), whichever is less.
(2) (a) The School and Institutional Trust Lands Administration and the Division of
Forestry, Fire and State Lands shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, establishing an application process for a responsible authority to
obtain a permanent easement or right of entry over any temporary public easement granted under
Subsection (1), subject to the provisions of Subsections (2)(b), (c), and (d).
(b) A grant of a permanent easement or right of entry across sovereign lands shall be made
upon a showing to the Division of Forestry, Fire and State Lands that continued use of the easement
will provide a public benefit commensurate with the value of the permanent easement or right of
entry.
(c) A grant of a permanent easement or right of entry across trust lands shall be made upon
a showing to the School and Institutional Trust Lands Administration that the grant is consistent with
the state's fiduciary responsibilities under Section 53C-1-302 and Subsection 53C-1-204 (1).
(d) A grant of a permanent easement or right of entry across state lands other than sovereign
and trust lands shall be made upon a showing to the managing unit of state government that the
continued use will provide a public benefit commensurate with the value of the easement and will
not unreasonably interfere with the purposes for which the land was obtained or is now held.
(3) The grant of the temporary public easement or right of entry under Subsection (1) is
consistent with the trust responsibilities of the state and in the best interest of the state.
(4) A responsible authority that has been granted a permanent easement or right of entry over
state lands may maintain the permanent easement or right of entry for the uses to which the
permanent easement or right of entry was put prior to and including January 1, 1992, subject to the
right of the managing unit of state government or private party to relocate the permanent easement
or right of entry.
(5) The grant of a permanent easement or right of entry under this section is effective on the
date the highway was originally constructed or established for public use.
Section 147. Section 72-5-301 , which is renumbered from Section 27-16-102 is renumbered
and amended to read:
[
As used in this [
(1) "Acceptance," "acceptance of a right-of-way for the construction of a highway over
public lands, not reserved for public uses," or "accepted" means one or more of the following acts
prior to October 21, 1976:
(a) by the state or any political subdivision of the state:
(i) construction or maintenance of a highway;
(ii) inclusion of the highway in a state, county, or municipal road system;
(iii) expenditure of any public funds on the highway;
(iv) execution of a memorandum of understanding or other agreement with any other public
or private entity or an agency of the federal government that recognizes the right or obligation of the
state or a political subdivision of the state to construct or maintain the highway or a portion of the
highway; or
(v) (A) the acceptance at statehood of the school or institutional trust lands accessed or
traversed by the right-of-way; or
(B) the selection and receipt by the state of a clear list, indemnity list, or other document
conveying title to the state of school, institutional trust lands, or other state lands accessed or
traversed by the highway;
(b) use by the public for a period in excess of 10 years in accordance with Section [
72-5-104 ; or
(c) any other act consistent with state or federal law indicating acceptance of a right-of-way.
(2) (a) "Construction" means any physical act of readying a highway for use by the public
according to the available or intended mode of transportation, including, foot, horse, vehicle,
pipeline, or other mode.
(b) "Construction" includes:
(i) removing vegetation;
(ii) moving obstructions, including rocks, boulders, and outcroppings;
(iii) filling low spots;
(iv) maintenance over several years;
(v) creation of an identifiable route by use over time; and
(vi) other similar activities.
(3) (a) "Highway" means:
(i) any road, street, trail, or other access or way that is open to the public to come and go or
transport water at will, without regard to how or by whom the way was constructed or maintained;
and
(ii) appurtenant land and structures including road drainage ditches, back and front slopes,
turnouts, rest areas, and other areas that facilitate use of the highway by the public.
(b) "Highway" includes:
(i) pedestrian trails, horse paths, livestock trails, wagon roads, jeep trails, logging roads,
homestead roads, mine-to-market roads, alleys, tunnels, bridges, and all other ways and their
attendant access for maintenance; and
(ii) irrigation canals, waterways, viaducts, ditches, pipelines, or other means of water
transmission and their attendant access for maintenance.
(4) "Maintenance" means any physical act of upkeep of a highway or repair of wear or
damage whether from natural or other causes.
(5) "Public lands not reserved for public uses" means any federal lands open to entry and
location.
(6) "R.S. 2477 right-of-way" means a right-of-way for a highway constructed in this state
on public lands not reserved for public uses in accordance with Revised Statute 2477, codified as
43 U.S.C. Section 932, and accepted by the state or a political subdivision of the state prior to
October 21, 1976.
Section 148. Section 72-5-302 , which is renumbered from Section 27-16-103 is renumbered
and amended to read:
[
Presumption -- Scope -- Safety standards.
(1) This [
(2) The state and its political subdivisions have title to the R.S. 2477 rights-of-ways.
(3) (a) Acceptance of a right-of-way for the construction of a highway over public lands, not
reserved for public uses, is presumed if the state or a political subdivision of the state makes a
finding that the highway was constructed and the right-of-way was accepted prior to October 21,
1976.
(b) The existence of a highway establishes a presumption that the highway has continued
in use in its present location since the land over which it is built was public land not reserved for
public use.
(4) (a) Unless specifically determined by the state or a political subdivision of the state with
authority over the R.S. 2477 right-of-way, the scope of the R.S. 2477 right-of-way is that which
is reasonable and necessary to ensure safe travel for all uses that occurred before October 21, 1976.
(b) The scope of the R.S. 2477 right-of-way includes the right to widen the highway as
necessary to accommodate the increased travel associated with those uses, up to, where applicable,
improving a highway to two lanes so travelers can safely pass each other.
(c) The width of an R.S. 2477 right-of-way used for vehicular travel may not be less than
the setback standards for wilderness boundaries along existing roads as described in Bureau of Land
Management Manual H-8560-1, Management of Designated Wilderness Areas, dated July 27, 1988,
as follows:
(i) high standard paved highways shall be 300 feet from the centerline;
(ii) high standard logging roads shall be 100 feet from the centerline; and
(iii) low standard logging, jeep, maintenance, dirt roads used for right-of-way, or similar
roads shall be 30 feet from the centerline.
(5) The safety standards established by the Department of Transportation in accordance with
Section [
for vehicular travel.
Section 149. Section 72-5-303 , which is renumbered from Section 27-16-104 is renumbered
and amended to read:
[
(1) (a) The state and its political subdivisions are not required to maintain highways within
R.S. 2477 rights-of-way for vehicular travel unless the R.S. 2477 right-of-way encompasses a
highway included on a highway system for vehicular travel.
(b) A decision to improve or not improve an R.S. 2477 right-of-way is a purely
discretionary function.
(2) The holder of an R.S. 2477 right-of-way and the owner of the servient estate shall
exercise their rights without unreasonably interfering with one another.
(3) The holder of the R.S. 2477 right-of-way shall design and conduct construction and
maintenance activities so as to minimize impacts on adjacent federal public lands, consistent with
applicable safety standards.
Section 150. Section 72-5-304 , which is renumbered from Section 27-16-105 is renumbered
and amended to read:
[
(1) The Department of Transportation, counties, and cities are not required to possess
centerline surveys for R.S. 2477 rights-of-ways.
(2) [
included in the plats, descriptions, and maps of county roads required by Sections [
72-3-105 and [
Section 63A-6-203 , required to be maintained by Subsection (3)[
(3) (a) The Automated Geographic Reference Center, created in Section 63A-6-202 , shall
create and maintain a record of R.S. 2477 rights-of-way on the Geographic Information Database.
(b) The record of R.S. 2477 rights-of-way shall be based on information maintained by the
Department of Transportation and cartographic, topographic, photographic, historical, and other data
available to or maintained by the Automated Geographic Reference Center.
(c) Agencies and political subdivisions of the state may provide additional information
regarding R.S. 2477 rights-of-way when information is available.
Section 151. Section 72-5-305 , which is renumbered from Section 27-16-106 is renumbered
and amended to read:
[
(1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an R.S.
2477 right-of-way is established for a perpetual term.
(2) (a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance with
the procedures in [
Part 1, Public Highways, of this chapter.
(b) If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the
right-of-way shall revert to the state.
(3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not evidence
of waiver or abandonment of the R.S. 2477 right-of-way.
(4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the
public domain.
Section 152. Section 72-5-306 , which is renumbered from Section 27-16-107 is renumbered
and amended to read:
[
(1) An R.S. 2477 right-of-way not designated under [
or 72-3-104 as a Class A, B, or C road is traveled at the risk of the user.
(2) The state and its political subdivisions do not waive immunity under Title 63, Chapter
30, Utah Governmental Immunity Act, for injuries or damages occurring in or associated with any
R.S. 2477 right-of-way.
(3) The state and its political subdivisions assume no liability for injury or damage resulting
from a failure to maintain any:
(a) R.S. 2477 right-of-way for vehicular travel; or
(b) highway sign on an R.S. 2477 right-of-way.
(4) If the state or any political subdivision of the state chooses to maintain an R.S. 2477
right-of-way, the basic governmental objective involved in providing the improvements is the
consistent promotion of public safety.
(5) (a) The state recognizes that there are limited funds available to upgrade all R.S. 2477
rights-of-way to applicable safety standards.
(b) A decision by the state or a political subdivision of the state to allocate funds for
maintaining an R.S. 2477 right-of-way is the result of evaluation and assigning of priorities for the
promotion of public safety.
(c) The state or a political subdivision of the state must use its judgment and expertise to
evaluate which safety feature improvements should be made first. In making this policy
determination the state or a political subdivision of the state may:
(i) perform on-site inspections and weigh all factors relating to safety, including the physical
characteristics and configuration of the R.S. 2477 right-of-way and the volume and type of traffic
on the R.S. 2477 right-of-way; and
(ii) consult with transportation experts who have expertise to make an evaluation of the
relative dangerousness of R.S. 2477 rights-of-way within their jurisdiction.
Section 153. Section 72-6-101 is enacted to read:
72-6-101. Title.
This chapter is known as the "Construction, Maintenance, and Operations Act."
Section 154. Section 72-6-102 , which is renumbered from Section 27-12-104 is renumbered
and amended to read:
[
maintenance.
The department shall:
(1) prepare and adopt uniform standard plans and specifications for the construction and
maintenance of state highways[
(2) issue a manual containing plans and specifications for the information and guidance of
officials having supervision of the [
Section 155. Section 72-6-103 , which is renumbered from Section 27-12-105 is renumbered
and amended to read:
[
and road construction.
The department shall furnish plans, specifications, and estimates for culverts, bridges, road
construction, and other related information desired by local highway authorities for use on county
roads and city streets on terms mutually agreed upon.
Section 156. Section 72-6-104 , which is renumbered from Section 27-12-106 is renumbered
and amended to read:
[
municipalities.
[
highways part of the interstate system, a highway that extends through a [
municipality shall conform to the direction and grade of other streets in the [
municipality unless permission is obtained from the highway authorities of the [
municipality for a variance in the direction and grade.
Section 157. Section 72-6-105 , which is renumbered from Section 27-12-107 is renumbered
and amended to read:
[
Agreements with county or municipality.
The department may enter into written agreements on behalf of the state with any county[
[
(1) at the expense of the state;
(2) at the expense of any county[
(3) at the joint expense of the state and any county[
Section 158. Section 72-6-106 , which is renumbered from Section 27-12-107.5 is
renumbered and amended to read:
[
(1) In making plans, specifications, and estimates, and in advertising for bids under this
[
pavement to be incorporated into hot asphaltic concrete used for road construction and maintenance.
(2) The department shall ensure that hot asphaltic concrete incorporating reclaimed asphalt
pavement meets or exceeds the department quality standards for roads constructed or maintained
with hot asphaltic concrete not containing reclaimed asphalt pavement.
(3) If the department rejects any hot asphaltic concrete containing reclaimed asphalt
pavement, the department shall give a written statement to the provider indicating the specific
reasons the hot asphaltic concrete was rejected.
(4) This section does not authorize the state to directly or indirectly subsidize the production
of hot asphaltic concrete containing reclaimed asphalt pavement.
Section 159. Section 72-6-107 , which is renumbered from Section 27-12-108 is renumbered
and amended to read:
[
-- Retainage escrow.
(1) (a) The department shall make plans, specifications, and estimates [
to the construction or improvement of any state highway.
(b) Except as provided in Section 63-56-36.1 and except for construction or improvements
performed with state prison labor, a construction or improvement project with an estimated cost
exceeding $40,000 for labor and materials shall be performed under contract awarded to the lowest
responsible bidder.
(c) The advertisement for bids shall be published in a newspaper of general circulation in
the county in which the work is to be performed, at least once a week for two consecutive weeks,
with the last publication [
(d) [
and [
department may then award the contract [
all bids.
(e) If the department's estimates are substantially lower than any responsible bid received,
the department may perform any work by force account.
(2) (a) If any payment on a contract with a private contractor for construction or
improvement of a state [
in an interest bearing account [
to the contractor and subcontractors [
department.
(b) The contractor shall ensure that any interest accrued on the money retained is distributed
by the contractor to subcontractors on a pro rata basis.
Section 160. Section 72-6-108 , which is renumbered from Section 27-12-108.1 is
renumbered and amended to read:
[
Contracts -- Retainage escrow.
(1) [
[
shall cause [
construction of any improvement project, as defined in Section [
B or C road[
in Section 72-6-109 for labor, equipment, and materials.
(2) (a) All projects in excess of the bid limit shall be performed under contract to be let to
the lowest responsible bidder. [
(b) If the estimated cost of the improvement project exceeds the bid limit for labor,
equipment, and materials, the [
construction in [
(3) The advertisement on bids [
circulation in the county in which [
consecutive weeks[
[
(4) The county or municipal executive or their designee shall receive sealed bids [
bids at the time and place designated in the advertisement[
or their designee may then award the contract [
(5) The person, firm, or corporation [
a contract under this section is subject to [
Procurement Code.
[
improvement of a class B [
placed in an interest-bearing account [
payment to the contractor and subcontractors [
by the [
(b) The contractor [
retained is distributed by the contractor to subcontractors on a pro rata basis.
Section 161. Section 72-6-109 , which is renumbered from Section 27-12-108.2 is
renumbered and amended to read:
[
-- Definitions -- Estimates lower than bids -- Accountability.
(1) As used in this section and Section [
(a) "Bid limit" means $100,000.
(b) (i) "Construction" means the work that would apply to:
(A) any new roadbed either by addition to existing systems or relocation;
(B) resurfacing of existing roadways with more than two inches of bituminous pavement;
or
(C) new structures or replacement of existing structures, except the replacement of drainage
culverts.
(ii) "Construction" does not include maintenance, emergency repairs, or the installation of
traffic control devices as described in Section 41-6-20 .
(c) "Improvement project" means construction and maintenance as defined in this section
except for that maintenance excluded under Subsection (2).
(d) "Maintenance" means the keeping of a road facility in a safe and usable condition to
which it was constructed or improved, and includes:
(i) the reworking of an existing surface by the application of up to and including two inches
of bituminous pavement;
(ii) the installation or replacement of guardrails, seal coats, and culverts;
(iii) the grading or widening of an existing unpaved road or flattening of shoulders or side
slopes to meet current width and safety standards; and
(iv) horizontal or vertical alignment changes necessary to bring an existing road in
compliance with current safety standards.
(e) "Project" means the performance of a clearly identifiable group of associated road
construction activities or the same type of maintenance process, where the construction or
maintenance is performed on any one class B or C road, within a half-mile proximity and occurs
within the same calendar year.
(2) The following types of maintenance work are not subject to the contract or bid limit
requirements of this section:
(a) the repair of less than the entire surface by crack sealing or patching; and
(b) road repairs incidental to the installation, replacement, or repair of water mains, sewers,
drainage pipes, culverts, or curbs and gutters.
(3) (a) (i) If the estimates of a qualified engineer referred to in Section [
72-6-108 are substantially lower than any responsible bid received or in the event no bids are
received, the [
(ii) In no event shall "substantially lower" mean estimates that are less than 10% below the
lowest responsible bid.
(b) If a county or [
shall:
(i) provide an accounting of the costs and expenditures of the improvement including
material, labor, and direct equipment costs to be calculated using the Cost Reference Guide for
Construction Equipment by Dataquest Inc.;
(ii) disclose the costs and expenditures to any person [
request and allow [
copy; and
(iii) perform the work using the same specifications and standards that would apply to a
private contractor.
Section 162. Section 72-6-110 , which is renumbered from Section 27-12-108.3 is
renumbered and amended to read:
[
and C roads.
(1) All construction plans, specifications, and estimates [
under the direct supervision of a registered professional engineer.
(2) The supervising engineer shall certify to the county legislative body or the [
construction standards as currently adopted by the American Association of State Highway and
Transportation officials.
Section 163. Section 72-6-111 , which is renumbered from Section 27-12-109 is renumbered
and amended to read:
[
Noise abatement measures.
(1) The department is authorized to construct and maintain appurtenances along the state
highway system necessary for public safety, welfare, and information. Appurtenances include
highway illumination, sidewalks, curbs, gutters, steps, driveways, retaining walls, fire hydrants,
guard rails, noise abatement measures, storm sewers, and rest areas.
(2) A noise abatement measure may only be constructed by the department along a highway
when:
(a) the department is constructing a new state highway or performing major reconstruction
on an existing state highway;
(b) the Legislature provides an appropriation or the federal government provides funding
for construction of retrofit noise abatement along an existing state highway; or
(c) the cost for the noise abatement measure is provided by citizens, adjacent property
owners, developers, or local governments.
(3) In addition to the requirements under Subsection (2), the department may only construct
noise abatement measures within the unincorporated area of a county or within a municipality that
has an ordinance or general plan that requires:
(a) a study to be conducted to determine the noise levels along new development adjacent
to an existing state highway or a dedicated right-of-way; and
(b) the construction of noise abatement measures at the expense of the developer if required
to be constructed under standards established by a rule of the department.
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules establishing:
(a) when noise abatement measures are required to be constructed, including standards for
decibel levels of traffic noise; and
(b) a priority system for the construction of retrofit noise abatement measures funded under
Subsection (2)(b) which includes:
(i) the decibel level of traffic noise at each location;
(ii) the number of residential dwellings adversely affected by the traffic noise; and
(iii) the cost effectiveness of mitigating the traffic noise.
Section 164. Section 72-6-112 , which is renumbered from Section 27-12-109.5 is
renumbered and amended to read:
[
(1) There is created the Traffic Noise Abatement Program.
(2) The program consists of monies generated from the following revenue sources:
(a) any voluntary contributions received for traffic noise abatement; and
(b) appropriations made to the program by the Legislature.
(3) The department shall use program monies as prioritized by the commission and as
provided by law for the study, design, construction, and maintenance of noise abatement measures.
(4) All funding for the Traffic Noise Abatement Program shall be nonlapsing.
Section 165. Section 72-6-113 , which is renumbered from Section 27-12-109.1 is
renumbered and amended to read:
[
of scenic beauty -- Authority of department.
(1) The department is authorized to acquire and improve strips of land necessary for the
restoration, preservation, and enhancement of scenic beauty within and adjacent to a federal-aid
[
recreation areas, sanitary, and other facilities within or adjacent to the highway right-of-way
reasonably necessary to accommodate the traveling public.
(2) Acquisition may be by gift, purchase, or exchange but may not be by condemnation.
(3) The interest in any land authorized to be acquired and maintained under this section may
be fee simple or any lesser interest, as determined by the department to be reasonably necessary to
accomplish the purposes of this section.
(4) (a) Real property, or any interest in real property, acquired under this section is part of
the adjacent or nearest highway and is under the jurisdiction of the department.
(b) The department may enter into an agreement with any state agency for maintenance of
land acquired in accordance with this section.
Section 166. Section 72-6-114 , which is renumbered from Section 27-12-110 is renumbered
and amended to read:
[
failure to observe barricade, warning light, etc.
(1) [
travel on a highway under their jurisdiction due to construction [
(2) If a highway or portion [
travel, [
[
in accordance with Section 41-6-20 .
[
flagman, [
in accordance with this section, is guilty of a class B misdemeanor.
Section 167. Section 72-6-115 , which is renumbered from Section 63-49-8.5 is renumbered
and amended to read:
[
(1) As used in this section, "committee" means the Traffic Management Committee created
in this section.
(2) (a) There is created within the Department of Transportation the Traffic Management
Committee comprising seven members knowledgeable about traffic engineering, traffic flow, or air
quality as follows:
(i) one member designated by the executive director of the department;
(ii) one member designated by the Utah Association of Counties;
(iii) one member designated by the Department of Environmental Quality;
(iv) one member designated by the Wasatch Front Regional Council;
(v) one member designated by the Mountainland Association of Governments;
(vi) one member designated by the Commissioner of Public Safety; and
(vii) one member designated by the Utah League of Cities and Towns.
(b) The committee shall:
(i) advise the department on matters related to the implementation and administration of this
section;
(ii) make recommendations to law enforcement agencies related to traffic flow and incident
management during heavy traffic periods;
(iii) make recommendations to the department on increasing the safety and efficiency of
highways using current traffic management systems, including traffic signal coordination, traffic
monitoring, freeway ramp metering, variable message signing, and incident management; and
(iv) evaluate the cost effectiveness of implementing a specific traffic management system
on a highway considering:
(A) existing traffic volume in the area;
(B) the necessity and potential of reducing vehicle emissions in the area;
(C) the feasibility of the traffic management system on the highway; and
(D) whether traffic congestion will be reduced by the system.
(c) (i) Except as required by Subsection (2)(c)(ii), as terms of current committee members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(ii) Notwithstanding the requirements of Subsection (2)(c)(i), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(d) The committee shall annually elect a chair and a vice chair from its members.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(f) The committee shall meet as it determines necessary to accomplish its duties.
(g) Reasonable notice shall be given to each member of the committee prior to any meeting.
(h) A majority of the committee constitutes a quorum for the transaction of business.
(i) (i) (A) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(B) Members may decline to receive per diem and expenses for their service.
(ii) (A) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the committee at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(B) State government officer and employee members may decline to receive per diem and
expenses for their service.
(iii) (A) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(B) Local government members may decline to receive per diem and expenses for their
service.
(3) (a) The Department of Transportation shall implement and administer traffic
management systems to facilitate the efficient flow of motor vehicle traffic on state highways and
to reduce motor vehicle emissions where cost effective, as determined by the committee in
accordance with criteria under Subsection (2)(b).
(b) A traffic management system shall be designed to allow safe, efficient, and effective:
(i) integration of existing traffic management systems;
(ii) additions of highways and intersections under county and city administrative
jurisdiction;
(iii) incorporation of other traffic management systems; and
(iv) adaptation to future traffic needs.
(4) (a) The cost of implementing and administering a traffic management system shall be
shared pro rata by the department and the counties and [
(b) The department shall enter into an agreement or contract under Title 11, Chapter 13,
Interlocal Cooperation Act, with a [
section.
(5) Additional highways and intersections under the administrative jurisdiction of a county
or [
or [
(a) a recommendation of the committee;
(b) approval by the department;
(c) determination of the appropriate cost share of the addition under Subsection (4)(a); and
(d) an agreement under Subsection (4)(b).
Section 168. Section 72-6-116 , which is renumbered from Section 27-12-11 is renumbered
and amended to read:
[
(1) [
(a) "Cost of relocation" includes the entire amount paid by the utility company properly
attributable to the relocation of the utility after deducting any increase in the value of the new utility
and any salvage value derived from the old utility.
[
[
transmission lines, drainage and irrigation systems, and other similar utilities located in, on, along,
across, over, through, or under any state highway.
[
including utilities owned by political subdivisions.
(2) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules for the installation, construction, maintenance, repair, renewal, and
relocation of all utilities.
(b) (i) If the department determines under the rules established in this section that it is
necessary that any utilities should be relocated, the utility company owning or operating the utilities
shall relocate the utilities in accordance with the order of the department.
(ii) The cost of relocation in connection with the highway systems shall be paid by the
department in all cases where:
(A) proportionate reimbursement of the cost may be obtained by the state of Utah from the
United States pursuant to the Federal-Aid Highway Act of 1956; and
(B) the utility is owned or operated by a political subdivision whether or not federal
reimbursement may be obtained.
(iii) In case of any relocation of a utility, the utility company owning or operating the utility,
its successors or assigns, may maintain and operate the utility, with the necessary appurtenances, in
the new location.
(3) The cost of relocating a utility in connection with any project on [
highway construction.
Section 169. Section 72-6-117 is enacted to read:
72-6-117. Limited-access facilities and service roads -- Access -- Right-of-way
acquisition -- Grade separation -- Written permission required.
(1) A highway authority, acting alone or in cooperation with the federal government, another
highway authority, or another state may plan, designate, establish, regulate, vacate, alter, improve,
maintain, and provide a limited-access facility including a service road to the limited-access facility.
(2) A highway authority may regulate, restrict, or prohibit the use of a limited-access facility
by pedestrians, animals, or by the various classes of vehicles or traffic.
(3) A highway authority may divide and separate any limited-access facility into separate
roadways by the construction of raised curbing, central dividing sections, or other physical
separations, or by designating separate roadways by signs, markers, stripes, and other appropriate
devices.
(4) A person may not enter, exit, or cross a limited-access facility, except at designated
points at which access is permitted by the highway authority.
(5) A highway authority may acquire, by gift, devise, purchase, or condemnation, private
or public property and property rights for a limited-access facility and service road, including rights
of access, air, view, and light. All property rights acquired under this section may be in fee simple
or in any lesser estate or interest. A highway authority may acquire an entire lot, block, or tract of
land, if needed, even though the entire lot, block, or tract is not immediately needed for the
right-of-way of the limited-access facility or service road.
(6) A highway authority may designate and establish limited-access highways as new
facilities or may designate and establish an existing highway as part of a limited-access facility.
(7) (a) A highway authority may provide for the elimination of at grade intersections of a
limited-access facility and an existing highway by grade separation, service road, or by closing the
intersecting highway.
(b) A highway authority may not connect or intersect a limited-access facility without the
written consent and previous approval of the highway authority having jurisdiction over the
limited-access facility.
(8) Highway authorities may enter into agreements with each other, or with the federal
government, on the financing, planning, establishment, improvement, maintenance, use, regulation,
or vacation of limited-access facilities or other public ways in their respective jurisdiction, to
facilitate the purposes of this section.
Section 170. Section 72-6-118 , which is renumbered from Section 27-12-132.1 is
renumbered and amended to read:
[
Imposition and collection of tolls -- Amount of tolls -- Rulemaking.
(1) As used in this section:
(a) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
(b) "Tollway" means a highway, highway lane, bridge, path, tunnel, or right-of-way
designed and used as a transportation route that is constructed, operated, or maintained through the
use of toll revenues.
(2) Subject to the provisions of Subsection (3), the department may:
(a) establish and operate tollways and related facilities for the purpose of funding in whole
or in part the acquisition of right-of-way and the design, construction, reconstruction, operation, and
maintenance of or impacts from a transportation route for use by the public;
(b) enter into contracts, agreements, licenses, franchises, or other arrangements to implement
this section; and
(c) impose and collect tolls on any tollway established under this section.
(3) (a) The department or other entity may not establish or operate a tollway on a state
highway, except as approved by the commission and the Legislature.
(b) Between sessions of the Legislature, a state tollway may be designated or deleted if:
(i) approved by the commission in accordance with the standards made under this section;
and
(ii) the tollways are submitted to the Legislature in the next year for legislative approval or
disapproval.
(c) In conjunction with a proposal submitted under Subsection (3)(b)(ii), the department
shall provide a description of the tollway project, projected traffic, the anticipated amount of tolls
to be charged, and projected toll revenue.
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
commission shall set the amount of any toll imposed or collected on a tollway on a state highway.
(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules necessary to establish and operate tollways on state highways. The
rules shall include minimum criteria for having a tollway.
(6) The commission may provide funds for public or private tollway pilot projects from
General Fund monies appropriated by the Legislature to the commission for that purpose.
Section 171. Section 72-7-101 is enacted to read:
72-7-101. Title.
This chapter is known as the "Protection of Highways Act."
Section 172. Section 72-7-102 , which is renumbered from Section 27-12-133 is renumbered
and amended to read:
[
right-of-way except in accordance with law -- Penalty for violation.
(1) Except as [
(a) dig or excavate, within the right-of-way of any state highway, county road, or city street
[
(b) place, construct, or maintain any approach road, driveway, pole, pipeline, conduit, sewer,
ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or character
[
(2) (a) A highway [
may allow excavating, installation of utilities and other facilities or access under rules made by the
highway authority and in compliance with federal, state, and local law as applicable.
(b) The rules may require a permit for any excavation or installation and may require a
surety bond or other security. The permit may be revoked and the surety bond or other security may
be forfeited for cause.
[
a class B misdemeanor.
Section 173. Section 72-7-103 , which is renumbered from Section 27-12-134 is renumbered
and amended to read:
[
[
[
deny reasonable ingress and egress to property adjoining a public highway except where [
(1) the highway [
egress by gift, agreement, purchase, eminent domain, or otherwise; or [
(2) no right of ingress or egress exists between the right-of-way and the adjoining property.
Section 174. Section 72-7-104 , which is renumbered from Section 27-12-135 is renumbered
and amended to read:
[
of highway authorities to remove or require removal.
(1) If any person, firm, or corporation installs, places, constructs, alters, repairs, or maintains
any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, outdoor advertising sign,
or any other structure or object of any kind or character within the right-of-way of any highway
without complying with this [
over the right-of-way may:
(a) remove the installation from the right-of-way or require the person, firm, or corporation
to remove the installation; or
(b) give written notice to the person, firm, or corporation to remove the installation from the
right-of-way.
(2) Notice under Subsection (1)(b) may be served by:
(a) personal service; or
(b) (i) mailing the notice to the person, firm, or corporation by certified mail; and
(ii) posting a copy on the installation for ten days.
(3) If the installation is not removed within ten days after the notice is complete, the highway
[
(4) [
(a) the costs and expenses incurred in removing the installation, serving notice, and the costs
of a lawsuit if any; and
(b) $10 for each day the installation remained within the right-of-way after notice was
complete.
(5) (a) If the person, firm, or corporation disputes or denies the existence, placement,
construction, or maintenance of the installation, or refuses to remove or permit its removal, the
highway [
(b) If the highway [
authority may recover the costs of having the public nuisance abated as provided in Subsection (4).
(6) The department, its agents, or employees, if acting in good faith, incur no liability for
causing removal of an installation within a right-of-way of a highway as provided in this section.
(7) The actions of the department under this section are not subject to the provisions of Title
63, Chapter 46b, the Administrative Procedures Act.
Section 175. Section 72-7-105 , which is renumbered from Section 27-12-138 is renumbered
and amended to read:
[
prohibited.
(1) [
(a) drive or place any vehicle, animal, or other thing upon or along any sidewalk except in
crossing the sidewalk to or from abutting property[
(b) permit the vehicle, animal, or other thing to remain on or across any sidewalk in a way
that impedes or obstructs the ordinary use of the sidewalk.
(2) [
similar things may be placed temporarily on highways in a manner that will not impede, endanger,
or obstruct ordinary traffic[
(b) A highway authority may prohibit or may require the removal of vehicles, building
material, or other obstructions [
Section 176. Section 72-7-106 , which is renumbered from Section 27-12-138.5 is
renumbered and amended to read:
[
(1) The county executive of any county may provide for the erection and maintenance of
gates on the B system county highways in order to avoid the necessity of building highway fences.
(2) The person for whose immediate benefit the gates are erected or maintained shall in all
cases bear the expense [
(3) Nothing contained in Section [
person from placing any unlocked, nonrestrictive gate across any B system county highway, or
maintaining the same, with the approval of the county executive of that county.
(4) [
those gates allowed by the county executive in accordance with the provisions of this section. If the
expense of the erection and maintenance of [
other device is placed upon [
that county shall notify the responsible party that their approval is terminated and the gate shall
[
(5) [
across B system county highways [
[
establish an easement on behalf of the person establishing [
(6) [
of a class B misdemeanor and[
any party as a result of [
(a) leave open any gate, erected or maintained [
(b) unnecessarily drive over the ground adjoining the highway on which [
is erected;
(c) place any lock or other restrictive device on [
(d) violate any rules or regulations of any county legislative body relating to [
within the county.
(7) The provisions of this section relating to maintenance and removal of gates over B
system county highways [
existence on [
Section 177. Section 72-7-201 , which is renumbered from Section 27-12-137.2 is
renumbered and amended to read:
[
The regulation of junkyards in areas adjacent to any state highway included in the national
system of interstate and primary highways is [
purpose and necessary to promote the public safety, health, welfare, convenience, and enjoyment of
public travel, to protect the public investment in public highways, and to preserve and enhance the
scenic beauty of lands bordering on [
Section 178. Section 72-7-202 , which is renumbered from Section 27-12-137.3 is
renumbered and amended to read:
[
As used in [
(1) "Automobile graveyard" means any establishment or place of business which is
maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or
dismantled motor vehicles or motor vehicle parts.
[
[
trash[
[
[
operated for storing, keeping, buying, or selling junk, or for the maintenance or operation of an
automobile graveyard[
garbage [
sanitary land [
[
Section 179. Section 72-7-203 , which is renumbered from Section 27-12-137.4 is
renumbered and amended to read:
[
(1) A person may not establish, operate, or maintain a junkyard, any portion of which is
within 1,000 feet of the nearest edge of the right-of-way of any interstate or federal-aid primary
highway, without obtaining a license [
(2) A municipality may adopt ordinances, not in conflict with this part, to regulate the
creation or maintenance of junkyards of any type within 660 feet of the right-of-way of designated
state and federal highways within the jurisdictional limits of the adopting municipality.
(3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules, not in conflict with this part, to regulate the creation and maintenance
of junkyards within 660 feet of the right-of-way of designated federal and state highways outside
the jurisdictional limits of a municipality.
Section 180. Section 72-7-204 , which is renumbered from Section 27-12-137.5 is
renumbered and amended to read:
[
Disposition of proceeds.
(1) The department has the sole authority to issue licenses for the establishment,
maintenance, and operation of junkyards within the limits defined in Section [
27-7-203 , and shall charge a $10 license fee payable annually in advance.
(2) All licenses issued under this section expire on the first day of January following the date
of issue. Licenses may be renewed from year to year upon payment of the requisite fee.
(3) Proceeds from the license fee shall be deposited with the state treasurer and credited to
the Transportation Fund.
Section 181. Section 72-7-205 , which is renumbered from Section 27-12-137.6 is
renumbered and amended to read:
[
of highway.
(1) [
maintenance, or operation of a junkyard within 1,000 feet of the nearest edge of the right-of-way of
any highway on the interstate or primary systems [
(a) [
[
(b) (i) located within areas that are zoned for industrial use under [
or municipal ordinances; [
[
land uses as defined by rules made by the department in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act.
(2) A junkyard controlled by this [
extended except by permission of the department [
[
Section 182. Section 72-7-206 , which is renumbered from Section 27-12-137.7 is
renumbered and amended to read:
[
(1) [
of the nearest edge of the right-of-way and visible from the main-traveled-way of any highway on
the interstate or primary system [
(2) The screening shall be at locations on the right-of-way or in areas outside the
right-of-way acquired for that purpose and [
of the interstate or federal-aid primary systems.
[
participation have been appropriated by the federal government and are immediately available to the
state.
Section 183. Section 72-7-207 , which is renumbered from Section 27-12-137.9 is
renumbered and amended to read:
[
department to acquire land -- Compensation.
(1) If the department determines that the topography of the land adjoining the interstate and
primary systems will not permit adequate screening of junkyards or that screening would not be
economically feasible, the department may acquire by gift, purchase, exchange, or eminent domain
the interests in lands necessary to secure the relocation, removal, or disposal of the junkyards.
(2) If the department determines that it is in the best interests of the state, it may acquire
lands, or interests in lands, necessary to provide adequate screening of junkyards.
(3) The acquisitions provided for in this section may not be undertaken unless the necessary
federal funds for participation have been appropriated by the federal government and are
immediately available to the state.
(4) Damages resulting from any taking of property in eminent domain shall be ascertained
in the manner provided by law.
(5) Just compensation shall be paid the owner for the relocation, removal, or disposal of a
junkyard lawfully established under the laws of this state and which must be relocated, removed, or
disposed of under [
Section 184. Section 72-7-208 , which is renumbered from Section 27-12-137.10 is
renumbered and amended to read:
[
nuisance -- Abatement -- Correction notice.
(1) The establishment, operation, or maintenance of any junkyard contrary to the provisions
of [
with the advice of the attorney general, may apply to the district court of the county in which the
junkyard is located for an injunction to abate the nuisance.
(2) A correction notice of 30 days shall be given the owner prior to filing for an injunction
to abate the nuisance.
(3) A notice is not required prior to filing a misdemeanor complaint [
Section [
Section 185. Section 72-7-209 , which is renumbered from Section 27-12-137.11 is
renumbered and amended to read:
[
States.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules:
(a) governing the materials that may be used for screening and the location, construction,
and maintenance of screening for junkyards; and
(b) implementing and enforcing [
(2) The department may:
(a) enter into agreements with the secretary pursuant to Title 23, United States Code as
amended, relating to the control of junkyards in areas adjacent to the interstate and primary systems;
and
(b) take action in the name of the state to comply with the terms of the agreements.
Section 186. Section 72-7-210 , which is renumbered from Section 27-12-137.12 is
renumbered and amended to read:
[
Nothing in this [
regulation which is more restrictive than the provisions of this [
Section 187. Section 72-7-211 , which is renumbered from Section 27-12-137.13 is
renumbered and amended to read:
[
A person who violates any provision of [
part or rules of the department made under [
is guilty of a class B misdemeanor.
Section 188. Section 72-7-301 , which is renumbered from Section 27-12-144 is renumbered
and amended to read:
[
or highway sign -- Liability for damage to highway from illegal operation of oversize or
overweight vehicles -- Recovery.
(1) [
highway, highway equipment, or highway sign is liable for the damage.
(2) [
any highway is liable for all damage that the highway sustains from:
(a) any illegal operation or movement of a vehicle or object; [
(b) [
or load limitations specified by law, with or without authority of an oversize or overweight permit.
(3) (a) Except under Subsection (3)(b), if the operator is not the owner of the vehicle or
object but is operating or moving the vehicle or object with the express or implied permission of the
owner, the owner and operator are jointly and severally liable under Subsection (2) for any damage
caused to a highway by the operation or movement of the vehicle or object.
(b) An operator who is not the owner of the vehicle or object and who under an express or
implied condition of his employment or any privilege related to his employment is required to
operate or move a vehicle or object in violation of [
to a highway by the illegal operation or movement of the vehicle or object.
(4) The value of the property damaged may be recovered in a civil action brought by the
highway authority having jurisdiction over the property damaged.
Section 189. Section 72-7-302 , which is renumbered from Section 27-12-143 is renumbered
and amended to read:
[
warnings, or barriers -- Penalty.
(1) A person is guilty of a class B misdemeanor who:
(a) willfully violates any of the rules of the department or the commission [
of state highways or traffic on them; or
(b) willfully and unlawfully removes, defaces, or interferes with any highway sign, signal,
notice, warning, or barrier.
(2) A person who commits an offense under Subsection (1)(b) that results in any injury to
persons or damage to property is guilty of a class A misdemeanor.
Section 190. Section 72-7-303 , which is renumbered from Section 27-12-141 is renumbered
and amended to read:
[
obstructing highway -- Penalty for violations.
[
(a) obstruct or [
seepage of water[
(b) permit water under [
(c) place or [
a public highway in [
property or persons passing [
(2) A person who violates this section is guilty of a class B misdemeanor.
Section 191. Section 72-7-304 , which is renumbered from Section 27-12-142 is renumbered
and amended to read:
[
[
willfully [
any public highway in conformity to law.
(2) A person who violates this section is guilty of a class B misdemeanor[
Section 192. Section 72-7-305 , which is renumbered from Section 27-12-139 is renumbered
and amended to read:
[
[
over a public highway [
any damage done by [
the highway. [
(2) The damage may be recovered in a civil action brought by [
authority having jurisdiction over [
Section 193. Section 72-7-306 , which is renumbered from Section 27-12-140 is renumbered
and amended to read:
[
(1) [
laid out through improved lands [
the [
each end of [
(2) A person who willfully drives any band or herd of domestic animals over [
public by the owners [
Section 194. Section 72-7-401 , which is renumbered from Section 27-12-148 is renumbered
and amended to read:
[
vehicles -- Exceptions.
(1) (a) Except as provided in Subsection (2), the maximum size, weight, and load limitations
on vehicles under [
the state.
(b) Local authorities may not alter the limitations except as expressly provided under
Sections [
(2) Except as specifically made applicable, the size, weight, and load limitations in this
chapter do not apply to:
(a) fire-fighting apparatus;
(b) highway construction and maintenance equipment being operated at the site of
maintenance or at a construction project as authorized by a highway [
(c) implements of husbandry incidentally moved on a highway while engaged in an
agricultural operation or incidentally moved for repair or servicing, subject to the provisions of
Section [
(d) vehicles transporting logs or poles from forest to sawmill:
(i) when required to move upon a highway other than the national system of interstate and
defense highways;
(ii) if the gross vehicle weight does not exceed 80,000 pounds; and
(iii) the vehicle or combination of vehicles are in compliance with Subsections [
72-7-404 (1) and (2)(a); and
(e) tow trucks or towing vehicles under emergency conditions when:
(i) it becomes necessary to move a vehicle, combination of vehicles, special mobile
equipment, or objects to the nearest safe area for parking or temporary storage;
(ii) no other alternative is available; and
(iii) the movement is for the safety of the traveling public.
(3) (a) Except when operating on the national system of interstate and defense highways, a
motor vehicle carrying livestock as defined in Section 4-1-8 , or a motor vehicle carrying raw grain
if the grain is being transported by the farmer from his farm to market prior to bagging, weighing,
or processing, may exceed by up to 2,000 pounds the tandem axle weight limitations specified under
Section [
72-7-406 .
(b) Subsection (a) is an exception to Sections [
72-7-406 .
Section 195. Section 72-7-402 , which is renumbered from Section 27-12-149 is renumbered
and amended to read:
[
extensions.
(1) (a) [
any other lawful appurtenant devices, including refrigeration units, hitches, air line connections, and
load securing devices related to the safe operation of a vehicle are excluded for purposes of
measuring the width and length of a vehicle under the provisions of this [
are not designed or used for carrying cargo.
(b) Load-induced tire bulge is excluded for purposes of measuring the width of vehicles
under the provisions of this [
(2) A vehicle unladen or with a load may not exceed a width of 8-1/2 feet.
(3) A vehicle unladen or with a load may not exceed a height of 14 feet.
(4) (a) (i) A single-unit vehicle, unladen or with a load, may not exceed a length of 45 feet
including front and rear bumpers.
(ii) In this section, a truck tractor coupled to one or more semitrailers or trailers is not
considered a single-unit vehicle.
(b) (i) Except as provided under Subsection (b)(iii), a semitrailer, unladen or with a load,
may not exceed a length of 48 feet excluding refrigeration units, hitches, air line connections, and
safety appurtenances.
(ii) There is no overall length limitation on a truck tractor and semitrailer combination when
the semitrailer length is 48 feet or less.
(iii) A semitrailer that exceeds a length of 48 feet but does not exceed a length of 53 feet
may operate on a route designated by the department or within one mile of that route.
(c) (i) Two trailers coupled together, unladen or with a load, may not exceed an overall
length of 61 feet, measured from the front of the first trailer to the rear of the second trailer.
(ii) There is no overall length limitation on a truck tractor and double trailer combination
when the trailers coupled together measure 61 feet or less.
(d) All other combinations of vehicles, unladen or with a load, when coupled together, may
not exceed a total length of 65 feet, except the length limitations do not apply to combinations of
vehicles operated at night by a public utility when required for emergency repair of public service
facilities or properties, or when operated under a permit under Section [
(5) (a) Subject to Subsection (4), a vehicle or combination of vehicles may not carry any
load extending more than three feet beyond the front of the body of the vehicle or more than six feet
beyond the rear of the bed or body of the vehicle.
(b) A passenger vehicle may not carry any load extending beyond the line of the fenders on
the left side of the vehicle nor extending more than six inches beyond the line of the fenders on the
right side of the vehicle.
(6) Any exception to this section must be authorized by a permit as provided under Section
[
(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules designating routes where a semitrailer that exceeds a length of 48 feet
but that does not exceed a length of 53 feet may operate as provided under Subsection (4)(b)(iii).
(8) Any person who violates this section is guilty of a class B misdemeanor.
Section 196. Section 72-7-403 , which is renumbered from Section 27-12-150 is renumbered
and amended to read:
[
(1) (a) The draw-bar or other connection between any two vehicles, one of which is towing
or drawing the other on a highway, may not exceed 15 feet in length from one vehicle to the other
except in the case of a connection between any two vehicles transporting poles, pipe, machinery, or
structural material that cannot be dismembered when transported upon a pole trailer as defined in
Section 41-6-1 .
(b) When the connection between the two vehicles is a chain, rope, or cable, a red flag or
other signal or cloth not less than 12 inches both in length and width shall be displayed on or near
the midpoint of the connection.
(2) A person may not operate a combination of vehicles when any trailer, semitrailer, or
other vehicle being towed:
(a) whips or swerves from side to side dangerously or unreasonably[
(b) fails to follow substantially in the path of the towing vehicle.
(3) [
Section 197. Section 72-7-404 , which is renumbered from Section 27-12-151 is renumbered
and amended to read:
[
formula for weight limitations -- Minimum mandatory fines.
(1) (a) As used in this section:
(i) "Axle load" means the total load on all wheels whose centers may be included between
two parallel transverse vertical planes 40 inches apart.
(ii) "Tandem axle" means two or more axles spaced not less than 40 inches nor more than
96 inches apart and having at least one common point of weight suspension.
(b) The tire load rating shall be marked on the tire sidewall. A tire, wheel, or axle may not
carry a greater weight than the manufacturer's rating.
(2) (a) A vehicle may not be operated or moved on any highway in the state with:
(i) a gross weight in excess of 10,500 pounds on one wheel;
(ii) a single axle load in excess of 20,000 pounds; or
(iii) a tandem axle load in excess of 34,000 pounds.
(b) Subject to the limitations of Subsection (3), the gross vehicle weight of any vehicle or
combination of vehicles may not exceed 80,000 pounds.
(3) (a) Subject to the limitations in Subsection (2), no group of two or more consecutive
axles between the first and last axle of a vehicle or combination of vehicles and no vehicle or
combination of vehicles may carry a gross weight in excess of the weight provided by the following
bridge formula, except as provided in Subsection (3)(b):
(i) W = overall gross weight on any group of two or more consecutive axles to the nearest
500 pounds.
(ii) L = distance in feet between the extreme of any group of two or more consecutive axles.
When the distance in feet includes a fraction of a foot of one inch or more the next larger number
of feet shall be used.
(iii) N = number of axles in the group under consideration.
(b) Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each
if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36
feet or more.
(4) Any exception to this section must be authorized by an overweight permit as provided
in Section [
(5) (a) Any person who violates this section is guilty of a class B misdemeanor except that,
notwithstanding Sections 76-3-301 and 76-3-302 , the violator shall pay the largest minimum
mandatory fine of either:
(i) $50 plus the sum of the overweight axle fines calculated under Subsection (b); or
(ii) $50 plus the gross vehicle weight fine calculated under Subsection (b).
(b) The fine for each axle and a gross vehicle weight violation shall be calculated according
to the following schedule:
Number of Pounds Axle Fine (Cents Gross Vehicle
Overweight per Pound for Each Weight Fine
Overweight Axle) (Cents per Pound)
1 - 2,000 0 0
2,001 - 5,000 4 5
5,001 - 8,000 5 5
8,001 - 12,000 6 5
12,001 - 16,000 7 5
16,001 - 20,000 9 5
20,001 - 25,000 11 5
25,001 or more 13 5
Section 198. Section 72-7-405 , which is renumbered from Section 27-12-153 is renumbered
and amended to read:
[
Summary powers of peace officers -- Penalty for violations.
(1) Any peace officer having reason to believe that the height, width, length, or weight of
a vehicle and load is unlawful may require the operator to stop the vehicle and submit to a
measurement or weighing of the vehicle and load.
(2) A peace officer may require that the vehicle be driven to the nearest scales or
port-of-entry if the scales or port-of-entry is within three miles.
(3) (a) A peace officer, special function officer, or port-of-entry agent may measure or weigh
a vehicle and vehicle load for compliance with this chapter.
(b) If, upon measuring or weighing a vehicle and load, it is determined that the height, width,
length, or weight is unlawful, the measuring or weighing peace officer, special function officer, or
port-of-entry agent may require the operator to park the vehicle in a suitable place. The vehicle shall
remain parked until the vehicle or its load is adjusted or a portion of the load is removed to conform
to legal limits. All materials unloaded shall be cared for by the owner or operator of the vehicle at
his risk.
(4) [
measurement or weighing, or who fails or refuses when directed by a peace officer, special function
officer, or port-of-entry agent to comply with this section is guilty of a class B misdemeanor.
(5) Any driver or owner of a vehicle who violates Section [
or [
Section 199. Section 72-7-406 , which is renumbered from Section 27-12-154 is renumbered
and amended to read:
[
for vehicles of excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking
provisions -- Penalty.
(1) (a) The department may, upon receipt of an application and good cause shown, issue in
writing an oversize permit or an oversize and overweight permit. The oversize permit or oversize
and overweight permit may authorize the applicant to operate or move upon a highway:
(i) a vehicle or combination of vehicles, unladen or with a load weighing more than the
maximum weight specified in Section [
total gross weight; or
(ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or length
provisions under Section [
(b) Except as provided under Subsection (8), an oversize and overweight permit may not be
issued under this section to allow the transportation of a load that is reasonably divisible.
(c) The maximum size or weight authorized by a permit under this section shall be within
limits that do not impair the state's ability to qualify for federal-aid highway funds.
(d) The department may deny or issue a permit under this section to protect the safety of the
traveling public and to protect highway foundation, surfaces, or structures from undue damage by
one or more of the following:
(i) limiting the number of trips the vehicle may make;
(ii) establishing seasonal or other time limits within which the vehicle may operate or move
on the highway indicated;
(iii) requiring security in addition to the permit to compensate for any potential damage by
the vehicle to any highway; and
(iv) otherwise limiting the conditions of operation or movement of the vehicle.
(e) Prior to granting a permit under this section, the department shall approve the route of
any vehicle or combination of vehicles.
(2) An application for a permit under this section shall state:
(a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
vehicle or combination of vehicles;
(b) the proposed maximum load size and maximum size of each vehicle or combination of
vehicles;
(c) the specific roads requested to be used under authority of the permit; and
(d) if the permit is requested for a single trip or if other seasonal limits or time limits apply.
(3) Each oversize permit or oversize and overweight permit shall be carried in the vehicle
or combination of vehicles to which it refers and shall be available for inspection by any peace
officer, special function officer, port of entry agent, or other personnel authorized by the department.
(4) A permit under this section may not be issued or is not valid unless the vehicle or
combination of vehicles is:
(a) properly registered for the weight authorized by the permit; or
(b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden weight
authorized by the permit exceeds 80,000 pounds.
(5) (a) (i) An oversize permit may be issued under this section for a vehicle or combination
of vehicles that exceeds one or more of the maximum width, height, or length provisions under
Section [
(ii) Except for an annual oversize permit for an implement of husbandry under Section
[
combination of vehicles that is more than 14 feet six inches wide, 14 feet high, or 105 feet long.
(b) The fee is $25 for a single trip oversize permit under this subsection. This permit is valid
for not more than 96 continuous hours.
(c) The fee is $60 for a semiannual oversize permit under this subsection. This permit is
valid for not more than 180 continuous days.
(d) The fee is $75 for an annual oversize permit under this subsection. This permit is valid
for not more than 365 continuous days.
(6) (a) An oversize and overweight permit may be issued under this section for a vehicle or
combination of vehicles carrying a nondivisible load that exceeds one or more of the maximum
weight provisions of Section [
weight may not exceed 125,000 pounds.
(b) The fee is $50 for a single trip oversize and overweight permit under this subsection.
This permit is valid for not more than 96 continuous hours.
(c) A semiannual oversize and overweight permit under this subsection is valid for not more
than 180 continuous days. The fee for this permit is:
(i) $150 for a vehicle or combination of vehicles with gross vehicle weight of more than
80,000 pounds, but not exceeding 84,000 pounds;
(ii) $260 for a vehicle or combination of vehicles with gross vehicle weight of more than
84,000 pounds, but not exceeding 112,000 pounds; and
(iii) $350 for a vehicle or combination of vehicles with gross vehicle weight of more than
112,000 pounds, but not exceeding 125,000 pounds.
(d) An annual oversize and overweight permit under this subsection is valid for not more
than 365 continuous days. The fee for this permit is:
(i) $200 for a vehicle or combination of vehicles with gross vehicle weight of more than
80,000 pounds, but not exceeding 84,000 pounds;
(ii) $400 for a vehicle or combination of vehicles with gross vehicle weight of more than
84,000 pounds, but not exceeding 112,000 pounds; and
(iii) $450 for a vehicle or combination of vehicles with gross vehicle weight of more than
112,000 pounds, but not exceeding 125,000 pounds.
(7) (a) A single trip oversize and overweight permit may be issued under this section for a
vehicle or combination of vehicles carrying a nondivisible load that exceed one or more of the
maximum weight provisions of Section [
gross weight of 125,000 pounds.
(b) (i) The fee for a single trip oversize and overweight permit under this subsection, which
is valid for not more than 96 continuous hours, is $.01 per mile for each 1,000 pounds above 80,000
pounds subject to the rounding described in Subsection (7)(c).
(ii) The minimum fee that may be charged under this subsection is $65.
(iii) The maximum fee that may be charged under this subsection is $450.
(c) (i) The miles used to calculate the fee under this subsection shall be rounded up to the
nearest 50 mile increment.
(ii) The pounds used to calculate the fee under this subsection shall be rounded up to the
nearest 25,000 pound increment.
(8) (a) An oversize and overweight permit may be issued under this section for a vehicle or
combination of vehicles carrying a divisible load if:
(i) the bridge formula under Subsection [
(ii) the length of the vehicle or combination of vehicles is:
(A) more than 65 feet but not exceeding 92 feet and the application is for a single trip or
semiannual trip permit; or
(B) more than 92 feet but not exceeding 105 feet and the application is for an annual trip
permit.
(b) The fee is $50 for a single trip oversize and overweight permit under this subsection.
The permit is valid for not more than 96 continuous hours.
(c) The fee for a semiannual oversize and overweight permit under this subsection, which
permit is valid for not more than 180 continuous days is:
(i) $150 for a vehicle or combination of vehicles with gross vehicle weight of more than
80,000 pounds, but not exceeding 84,000 pounds;
(ii) $260 for a vehicle or combination of vehicles with gross vehicle weight of more than
84,000 pounds, but not exceeding 112,000 pounds; and
(iii) $350 for a vehicle or combination of vehicles with gross vehicle weight of more than
112,000 pounds, but not exceeding 129,000 pounds.
(d) The fee for an annual oversize and overweight permit under this subsection, which
permit is valid for not more than 365 continuous days is:
(i) $200 for a vehicle or combination of vehicles with gross vehicle weight of more than
80,000 pounds, but not exceeding 84,000 pounds;
(ii) $400 for a vehicle or combination of vehicles with gross vehicle weight of more than
84,000 pounds, but not exceeding 112,000 pounds; and
(iii) $450 for a vehicle or combination of vehicles with gross vehicle weight of more than
112,000 pounds, but not exceeding 129,000 pounds.
(9) Permits under Subsections (7) and (8) may be issued only upon authorization of the
commission.
(10) Permit fees collected under this section shall be credited monthly to the Transportation
Fund.
(11) The department shall prepare maps, drawings, and instructions as guidance when
issuing permits under this section.
(12) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules governing the issuance and revocation of all permits under this section
and Section [
(13) Any person who violates any of the terms or conditions of a permit issued under this
section:
(a) may have his permit revoked; and
(b) is guilty of a class B misdemeanor.
Section 200. Section 72-7-407 , which is renumbered from Section 27-12-148.5 is
renumbered and amended to read:
[
-- Oversize permit -- Rulemaking -- Penalty.
(1) As used in this section, "escort vehicle" means a motor vehicle, as defined under Section
41-1a-102 , that has its emergency warning lights operating, and that is being used to warn
approaching motorists by either preceding or following a slow or oversized vehicle, object, or
implement of husbandry being moved on the highway.
(2) An implement of husbandry being moved on a highway shall be accompanied by:
(a) front and rear escort vehicles when the implement of husbandry is 16 feet in width or
greater unless the implement of husbandry is moved by a farmer or rancher or his employees in
connection with an agricultural operation; or
(b) one or more escort vehicles when the implement of husbandry is traveling on a highway
where special hazards exist related to weather, pedestrians, other traffic, or highway conditions.
(3) In addition to the requirements of Subsection (2), a person may not move an implement
of husbandry on a highway during hours of darkness without lights and reflectors as required under
Section 41-6-130 or 41-6-130.5 .
(4) (a) Except for an implement of husbandry moved by a farmer or rancher or [
farmer's or rancher's employees in connection with an agricultural operation, a person may not move
an implement of husbandry on the highway without:
(i) an oversize permit obtained under Section [
(ii) trained escort vehicle drivers and approved escort vehicles when required under
Subsection (2); and
(iii) compliance with the vehicle weight requirements of Section [
(b) (i) The department shall issue an annual oversize permit for the purpose of allowing the
movement of implements of husbandry on the highways in accordance with this chapter.
(ii) The permit shall require the applicant to obtain verbal permission from the department
for each trip involving the movement of an implement of husbandry 16 feet or greater in width.
(c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules specifying training for escort vehicle drivers and equipment
requirements for escort vehicles as provided in Subsection (a).
(5) Any person who violates this section is guilty of a class B misdemeanor.
Section 201. Section 72-7-408 , which is renumbered from Section 27-12-145 is renumbered
and amended to read:
[
Erection and maintenance of signs designating restrictions -- Penalty.
(1) [
prescribe procedures and criteria which prohibit the operation of any vehicle or impose restrictions
on the weight of a vehicle upon any highway under its jurisdiction.
(b) A highway authority may impose restrictions under Subsection (1)(a) if an engineering
inspection concludes that due to deterioration caused by climatic conditions a highway will be
seriously damaged or destroyed unless certain vehicles are prohibited or vehicle weights are
restricted.
(2) A highway authority may not prohibit the operation of any vehicle or restrict the weight
of a vehicle under Subsection (1) for more than 90 days in any one calendar year.
(3) The highway authority imposing restrictions under this section shall erect signs citing
the provisions of the rule or ordinance [
The restriction is effective only when the signs are erected and maintained.
(4) Any person who violates any restriction imposed under the authority of this section is
guilty of a class B misdemeanor.
Section 202. Section 72-7-409 , which is renumbered from Section 27-12-146 is renumbered
and amended to read:
[
and fastening load required -- Penalty.
(1) A vehicle may not be operated or moved on any highway unless the vehicle is
constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise escaping.
(2) (a) In addition to the requirements under Subsection (1), a vehicle carrying dirt, sand,
gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal
shall have a covering over the entire load unless:
(i) the highest point of the load does not extend above the top of any exterior wall or
sideboard of the cargo compartment of the vehicle; and
(ii) the outer edges of the load are at least six inches below the top inside edges of the
exterior walls or sideboards of the cargo compartment of the vehicle.
(b) The following material is exempt from the provisions of Subsection (2)(a):
(i) hot mix asphalt;
(ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form that
is not susceptible to being blown out of the vehicle;
(iii) material being transported across a highway between two parcels of property that would
be contiguous but for the highway that is being crossed; and
(iv) material listed under Subsection (2)(a) that is enclosed on all sides by containers, bags,
or packaging.
(c) A chemical substance capable of coating or bonding a load so that the load is confined
on a vehicle, may be considered a covering for purposes of Subsection (2)(a) so long as the chemical
substance remains effective at confining the load.
(3) (a) An authorized vehicle performing snow removal services on a highway is exempt
from the requirements of this section if the vehicle's load is screened to a particle size established
by a rule of the department.
(b) This section does not prohibit the necessary spreading of any substance connected with
highway maintenance, construction, securing traction, or snow removal.
(4) A person may not operate a vehicle with a load on any highway unless the load and any
load covering is fastened, secured, and confined to prevent the covering or load from becoming
loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to other highway
users.
(5) Before entering a highway, the operator of a vehicle carrying any material listed under
Subsection (2), shall remove all loose material on any portion of the vehicle not designed to carry
the material.
(6) Any person who violates this section is guilty of a class B misdemeanor.
Section 203. Section 72-7-501 , which is renumbered from Section 27-12-136.2 is
renumbered and amended to read:
[
(1) The purpose of this [
outdoor advertising consistent with zoning principles and standards and the public policy of this state
in providing public safety, health, welfare, convenience and enjoyment of public travel, to protect
the public investment in highways, to preserve the natural scenic beauty of lands bordering on
highways, and to ensure that outdoor advertising shall be continued as a standardized medium of
communication throughout the state so that it is preserved and can continue to provide general
information in the specific interest of the traveling public safely and effectively.
(2) It is the purpose of this [
of outdoor advertising consistent with the customary use, zoning principles and standards, the
protection of private property rights, and the public policy relating to areas adjacent to the interstate,
federal aid primary highway existing as of June 1, 1991, and the national highway systems
highways.
(3) The agreement entered into between the governor of the state of Utah and the Secretary
of Transportation of the United States dated January 18, 1968, regarding the size, lighting, and
spacing of outdoor advertising which may be erected and maintained within areas adjacent to the
interstate, federal aid primary highway existing as of June 1, 1991, and national highway systems
highways which are zoned commercial or industrial or in other unzoned commercial or industrial
areas as defined pursuant to the terms of the agreement is hereby ratified and approved, subject to
subsequent amendments.
Section 204. Section 72-7-502 , which is renumbered from Section 27-12-136.3 is
renumbered and amended to read:
[
As used in this [
(1) "Commercial or industrial activities" means those activities generally recognized as
commercial or industrial by zoning authorities in this state, except that none of the following are
commercial or industrial activities:
(a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh
produce stands;
(b) transient or temporary activities;
(c) activities not visible from the main-traveled way;
(d) activities conducted in a building principally used as a residence; and
(e) railroad tracks and minor sidings.
(2) "Commercial or industrial zone" means only:
(a) those areas within the boundaries of cities or towns that are used or reserved for business,
commerce, or trade, or zoned as a highway service zone, under enabling state legislation or
comprehensive local zoning ordinances or regulations;
(b) those areas within the boundaries of urbanized counties that are used or reserved for
business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
or comprehensive local zoning ordinances or regulations;
(c) those areas outside the boundaries of urbanized counties and outside the boundaries of
cities and towns that:
(i) are used or reserved for business, commerce, or trade, or zoned as a highway service
zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; and
(ii) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from
the nearest point of the beginning or ending of the pavement widening at the exit from or entrance
to the main-traveled way; or
(d) those areas outside the boundaries of urbanized counties and outside the boundaries of
cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as
measured from the nearest point of the beginning or ending of the pavement widening at the exit
from or entrance to the main-traveled way that are reserved for business, commerce, or trade under
enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually
used for commercial or industrial purposes.
(3) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
allowing outdoor advertising.
(4) "Comprehensive local zoning ordinances or regulations" means a municipality's
comprehensive plan required by Section 10-9-301 , the municipal zoning plan authorized by Section
10-9-401 , and the county master plan authorized by Sections 17-27-301 and 17-27-401 . Property
that is rezoned by comprehensive local zoning ordinances or regulations is rebuttably presumed to
have not been zoned for the sole purpose of allowing outdoor advertising.
[
[
or operated by federal, state, or local governments or their agencies, publicly or privately owned
natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural
scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the
interest of the traveling public.
[
paint, draw, or in any other way bring into being.
(b) "Erect" does not include any activities defined in Subsection (a) if they are performed
incident to the change of an advertising message or customary maintenance of a sign.
[
[
the land is used or reserved for commercial and roadside services other than outdoor advertising to
serve the traveling public.
[
for the purpose of informing the public of:
(a) places of interest within the state; or
(b) any other information that the department considers desirable.
[
is channeled off or onto an interstate route, excluding the deacceleration lanes, acceleration lanes,
or feeder systems, from or to another federal, state, county, city, or other route.
[
[
[
sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an act
of God.
[
acceleration lanes, deacceleration lanes, and feeder systems, exclusive of frontage roads and ramps.
For a divided highway, there is a separate main-traveled way for the traffic in each direction.
[
public agencies within their territorial or zoning jurisdictions for the purpose of carrying out official
duties or responsibilities in accordance with direction or authorization contained in federal, state, or
local law.
[
or H-1 and in areas determined by the department to be unzoned industrial or commercial.
[
on the property where the sign is located.
[
structure used in combination with an outdoor advertising sign or outdoor sign.
[
perpendicular from the edge of a controlled highway right-of-way.
[
including any necessary devices, supports, appurtenances, and lighting that is part of or supports an
outdoor sign.
[
intersecting lane begins to parallel the other lanes of traffic, but the point of widening may never be
greater than 2,640 feet from the center line of the intersecting highway of the interchange or
intersection at grade.
[
erection of a new sign upon another situs in a commercial or industrial zoned area as a substitute.
[
permits the right to maintain outdoor advertising along the interstate, federal aid primary highway
existing as of June 1, 1991, and national highway system highways to be maintained in a commercial
or industrial zoned area to accommodate the displacement, remodeling, or widening of the highway
systems.
[
modification, or complete substitution of a new outdoor advertising structure for one permitted
pursuant to this act and that is located in a commercial or industrial area.
[
to the right-of-way by or under public supervision or control for the convenience of the traveling
public.
[
aesthetic value.
[
vehicles, exclusive of shoulders and auxiliary lanes.
[
(i) those areas not zoned by state law or local law, regulation, or ordinance that are occupied
by one or more industrial or commercial activities other than outdoor advertising signs;
(ii) the lands along the highway for a distance of 600 feet immediately adjacent to those
activities; and
(iii) lands covering the same dimensions that are directly opposite those activities on the
other side of the highway, if the department determines that those lands on the opposite side of the
highway do not have scenic or aesthetic value.
(b) In measuring the scope of the unzoned commercial or industrial area, all measurements
shall be made from the outer edge of the regularly used buildings, parking lots, storage, or processing
areas of the activities and shall be along or parallel to the edge of pavement of the highway.
(c) All signs located within an unzoned commercial or industrial area become
nonconforming if the commercial or industrial activity used in defining the area ceases for a
continuous period of 12 months.
[
persons.
Section 205. Section 72-7-503 , which is renumbered from Section 27-12-136 is renumbered
and amended to read:
[
(1) It is unlawful for any person to place any form of advertising upon any part of the public
domain, or within 300 feet of a public highway, except within the corporate limits of a city or town,
and except upon land in private ownership situated along the highway, without first receiving a
permit from the department, if a state highway, or from the county executive, if a county road.
(2) Any person who violates [
misdemeanor.
Section 206. Section 72-7-504 , which is renumbered from Section 27-12-136.4 is
renumbered and amended to read:
[
system -- Exceptions -- Logo advertising -- Department rules.
(1) Outdoor advertising that is capable of being read or comprehended from any place on
the main-traveled way of an interstate or primary system may not be erected or maintained, except:
(a) directional and other official signs and notices authorized or required by law, including
signs and notices pertaining to natural wonders and scenic and historic attractions, informational or
directional signs regarding utility service, emergency telephone signs, buried or underground utility
markers, and above ground utility closure signs;
(b) signs advertising the sale or lease of property upon which they are located;
(c) signs advertising activities conducted on the property where they are located;
(d) signs located in a commercial or industrial zone;
(e) signs located in unzoned industrial or commercial areas as determined from actual land
uses; and
(f) logo advertising under Subsection (2).
(2) (a) The department may itself or by contract erect, administer, and maintain
informational signs on the main-traveled way of an interstate or primary system for the display of
logo advertising and information of interest to the traveling public if:
(i) the department complies with Title 63, Chapter 56, Utah Procurement Code, in the lease
or other contract agreement with a private party for the sign or sign space; and
(ii) the private party for the lease of the sign or sign space pays an amount set by the
department to be paid to the department or the party under contract with the department under this
subsection.
(b) The amount shall be sufficient to cover the costs of erecting, administering, and
maintaining the signs or sign spaces.
(c) The department may consult the Division of Travel Development in carrying out this
subsection.
(3) (a) Revenue generated under Subsection (2) shall be:
(i) applied first to cover department costs under Subsection (2); and
(ii) deposited in the Transportation Fund.
(b) Revenue in excess of costs under Subsection (2)(a) shall be deposited in the General
Fund as a dedicated credit for use by the Division of Travel Development no later than the following
fiscal year.
(4) Outdoor advertising under Subsections (1)(a), (d), (e), and (f) shall conform to the rules
made by the department under Sections [
Section 207. Section 72-7-505 , which is renumbered from Section 27-12-136.5 is
renumbered and amended to read:
[
advertising corridor -- Limit on implementation.
(1) (a) Except as provided in Subsection (2), a sign face within the state may not exceed the
following limits:
(i) maximum area - 1,000 square feet;
(ii) maximum length - 60 feet; and
(iii) maximum height - 25 feet.
(b) No more than two facings visible and readable from the same direction on the
main-traveled way may be erected on any one sign structure. Whenever two facings are so
positioned, neither shall exceed the maximum allowed square footage.
(c) Two or more advertising messages on a sign face and double-faced, back-to-back,
stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces enjoy
common ownership.
(d) A changeable message sign is permitted if the interval between message changes is not
more frequent than at least eight seconds and the actual message rotation process is accomplished
in three seconds or less.
(2) (a) An outdoor sign structure located inside the unincorporated area of a nonurbanized
county may have the maximum height allowed by the county for outdoor advertising structures in
the commercial or industrial zone in which the sign is located. If no maximum height is provided
for the location, the maximum sign height may be 65 feet above the ground or 25 feet above the
grade of the main traveled way, whichever is greater.
(b) An outdoor sign structure located inside an incorporated municipality or urbanized
county may have the maximum height allowed by the municipality or urbanized county for outdoor
advertising structures in the commercial or industrial zone in which the sign is located. If no
maximum height is provided for the location, the maximum sign height may be 65 feet above the
ground or 25 feet above the grade of the main traveled way, whichever is greater.
(3) Except as provided in Section [
(a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
[
sign adjacent to an interstate highway or limited access primary highway, except that signs may be
erected closer than 500 feet if the signs on the same side of the interstate highway or limited access
primary highway are not simultaneously visible.
(b) Signs may not be located within 500 feet of any of the following which are adjacent to
the highway, unless the signs are in an incorporated area:
(i) public parks;
(ii) public forests;
(iii) public playgrounds;
(iv) areas designated as scenic areas by the department or other state agency having and
exercising this authority; or
(v) cemeteries.
(c) (i) (A) Except under Subsection (ii), signs may not be located on an interstate highway
or limited access highway on the primary system within 500 feet of an interchange, or intersection
at grade, or rest area measured along the interstate highway or freeway from the sign to the nearest
point of the beginning or ending of pavement widening at the exit from or entrance to the
main-traveled way.
(B) Interchange and intersection distance limitations shall be measured separately for each
direction of travel. A measurement for each direction of travel may not control or affect any other
direction of travel.
(ii) A sign may be placed closer than 500 feet from the nearest point of the beginning or
ending of pavement widening at the exit from or entrance to the main-traveled way, if:
(A) the sign is at least 500 feet but not more than 2,640 feet from the nearest point of the
intersecting highway of the interchange; or
(B) the sign is replacing an existing outdoor advertising use or structure which is being
removed or displaced to accommodate the widening, construction, or reconstruction of an interstate,
federal aid primary highway existing as of June 1, 1991, or national highway system highway, and
it is located in a commercial or industrial zoned area inside an urbanized county or an incorporated
municipality.
(d) The location of signs situated on nonlimited access primary highways in commercial,
industrial, or H-1 zoned areas between streets, roads, or highways entering the primary highway shall
not exceed the following minimum spacing criteria:
(i) Where the distance between centerlines of intersecting streets, roads, or highways is less
than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted between the
intersecting streets or highways.
(ii) Where the distance between centerlines of intersecting streets, roads, or highways is
1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
(e) All outdoor advertising shall be erected and maintained within the outdoor advertising
corridor.
(4) Subsection (3)(c)(ii) may not be implemented until:
(a) the Utah-Federal Agreement for carrying out national policy relative to control of
outdoor advertising in areas adjacent to the national system of interstate and defense highways and
the federal-aid primary system is modified to allow the sign placement specified in Subsection
(3)(c)(ii); and
(b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state and
the United States Secretary of Transportation.
Section 208. Section 72-7-506 , which is renumbered from Section 27-12-136.6 is
renumbered and amended to read:
[
requirements.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules no more restrictive than this chapter to:
(a) control the erection and maintenance of outdoor advertising along the interstate and
primary highway systems;
(b) provide for enforcement of this chapter;
(c) establish the form, content, and submittal of applications to erect outdoor advertising;
and
(d) establish administrative procedures.
(2) In addition to all other statutory notice requirements:
(a) the department shall give reasonably timely written notice to all outdoor advertising
permit holders of any changes or proposed changes in administrative rules made under authority of
[
(b) any county, municipality, or governmental entity shall, upon written request, give
reasonably timely written notice to all outdoor advertising permit holders within its jurisdiction of
any change or proposed change to the outdoor or off-premise advertising provisions of its zoning
provisions, codes, or ordinances.
Section 209. Section 72-7-507 , which is renumbered from Section 27-12-136.7 is
renumbered and amended to read:
[
Duration -- Fees.
(1) (a) Outdoor advertising may not be maintained without a current permit.
(b) Applications for permits shall be made to the department on forms furnished by it.
(c) A permit must be obtained prior to installing each outdoor sign.
(d) The application for a permit shall be accompanied by an initial fee established under
Section 63-38-3.2 .
(2) (a) Each permit issued by the department is valid for a period of up to five years and shall
expire on June 30 of the fifth year of the permit, or upon the expiration or termination of the right
to use the property, whichever is sooner.
(b) Upon renewal, each permit may be renewed for periods of up to five years upon the filing
of a renewal application and payment of a renewal fee established under Section 63-38-3.2 .
(3) Sign owners residing outside the state shall provide the department with a continuous
performance bond in the amount of $2,500.
(4) Fees may not be prorated for fractions of the permit period. Advertising copy may be
changed at any time without payment of an additional fee.
(5) (a) Each sign shall have its permit continuously affixed to the sign in a position visible
from the nearest traveled portion of the highway.
(b) The permit shall be affixed to the sign structure within 30 days after delivery by the
department to the permit holder, or within 30 days of the installation date of the sign structure.
(c) Construction of the sign structure shall begin within 180 days after delivery of the permit
by the department to the permit holder and construction shall be completed within 365 days after
delivery of the permit.
(6) The department may not accept any applications for a permit or issue any permit to erect
or maintain outdoor advertising within 500 feet of a permitted sign location except to the permit
holder or the permit holder's assigns until the permit has expired or has been terminated pursuant
to the procedures under Section [
(7) Permits are transferrable if the ownership of the permitted sign is transferred.
(8) Conforming, permitted sign structures may be altered, changed, remodeled, and relocated
subject to the provisions of Subsection (6).
Section 210. Section 72-7-508 , which is renumbered from Section 27-12-136.9 is
renumbered and amended to read:
[
proceedings -- Judicial review -- Costs of removal -- Civil and criminal liability for damaging
regulated signs -- Immunity for Department of Transportation.
(1) Outdoor advertising is unlawful when:
(a) erected after May 9, 1967, contrary to the provisions of this chapter;
(b) a permit is not obtained as required by this [
(c) a false or misleading statement has been made in the application for a permit that was
material to obtaining the permit; or
(d) the sign for which a permit was issued is not in a reasonable state of repair, is unsafe, or
is otherwise in violation of this [
(2) The establishment, operation, repair, maintenance, or alteration of any sign contrary to
this chapter is also a public nuisance.
(3) Except as provided in Subsection (4), in its enforcement of this section, the department
[
Administrative Procedures Act.
(4) (a) The district courts shall have jurisdiction to review by trial de novo all final orders
of the department [
adjudicative proceedings.
(b) Venue for judicial review of final orders of the department [
in the county in which the sign is located.
(5) If the department [
firm, or corporation, jointly and severally:
(a) the costs and expenses incurred in removing the sign; and
(b) $10 for each day the sign was maintained following the expiration of ten days after notice
of agency action was filed and served under Section 63-46b-3 .
(6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,
destroys, or uses any sign controlled under this chapter without the owner's permission is liable to
the owner of the sign for treble the amount of damage sustained and all costs of court, including a
reasonable attorney's fee, and is guilty of a class C misdemeanor.
(b) This subsection does not apply to the department, its agents, or employees if acting to
enforce this [
Section 211. Section 72-7-509 , which is renumbered from Section 27-12-136.10 is
renumbered and amended to read:
[
-- When removal required -- When relocation allowed.
(1) Any outdoor advertising lawfully in existence along the interstate or the primary systems
on [
provisions is not required to be removed until five years after it becomes nonconforming or pursuant
to the provisions of Section [
(2) Any existing outdoor advertising structure that does not comply with Section
[
industrial and commercial area, or an area where outdoor advertising would otherwise be permitted,
may be remodeled and relocated on the same property in a commercial or industrial zoned area, or
another area where outdoor advertising would otherwise be permitted under this [
Section 212. Section 72-7-510 , which is renumbered from Section 27-12-136.11 is
renumbered and amended to read:
[
-- Procedure -- Eminent domain -- Compensation -- Relocation.
(1) As used in this section, "nonconforming sign" means a sign that has been erected in a
zone or area other than commercial or industrial or where outdoor advertising is not permitted under
this [
(2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent
domain, any existing outdoor advertising and all property rights pertaining to the outdoor advertising
which were lawfully in existence on May 9, 1967, and which by reason of this [
nonconforming.
(b) If the department, or any town, city, county, governmental entity, public utility, or any
agency or the United States Department of Transportation under this [
maintenance as defined in Section [
sign be discontinued, the sign in question shall be considered acquired by the entity and just
compensation will become immediately due and payable.
(c) Eminent domain shall be exercised in accordance with the provision of Title 78, Chapter
34, Eminent Domain.
(3) (a) Just compensation shall be paid for outdoor advertising and all property rights
pertaining to the same, including the right of the landowner upon whose land a sign is located,
acquired through the processes of eminent domain.
(b) For the purposes of this [
damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
company's interest, which remaining properties, together with the properties actually condemned,
constituted an economic unit.
(c) The department is empowered to remove signs found in violation of Section
[
(4) Except as specifically provided in this section or Section [
72-7-513 , this [
outdoor advertising adjacent to any interstate or primary highway system which is prohibited by law
or by any town, city, or county ordinance. Any town, city, county, governmental entity, or public
utility which requires the removal, relocation, alteration, change, or termination of outdoor
advertising shall pay just compensation as defined in this [
Eminent Domain.
(5) Except as provided in Section [
removed by the department nor sign maintenance as described in this section be discontinued unless
at the time of removal or discontinuance there are sufficient funds, from whatever source,
appropriated and immediately available to pay the just compensation required under this section and
unless at that time the federal funds required to be contributed under [
have been appropriated and are immediately available to this state.
(6) (a) If any outdoor advertising use, structure, or permit may not be continued because of
the widening, construction, or reconstruction along an interstate, federal aid primary highway
existing as of June 1, 1991, or national highway systems highway, the owner shall have the option
to relocate and remodel the use, structure, or permit to another location:
(i) on the same property;
(ii) on adjacent property;
(iii) on the same highway within 5280 feet of the previous location, which may be extended
5280 feet outside the areas described in Subsection [
side of the same highway; or
(iv) mutually agreed upon by the owner and the county or municipality in which the use,
structure, or permit is located.
(b) The relocation under Subsection (a) shall be in a commercial or industrial zoned area or
where outdoor advertising is permitted under this [
(c) The county or municipality in which the use or structure is located shall, if necessary,
provide for the relocation and remodeling by ordinance for a special exception to its zoning
ordinance.
(d) The relocated and remodeled use or structure may be:
(i) erected to a height and angle to make it clearly visible to traffic on the main-traveled way
of the highway to which it is relocated or remodeled;
(ii) the same size and at least the same height as the previous use or structure, but the
relocated use or structure may not exceed the size and height permitted under this [
(iii) relocated to a comparable vehicular traffic count.
(7) (a) The governmental entity, quasi-governmental entity, or public utility that causes the
need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a) shall pay
the costs related to the relocation, remodeling, or acquisition.
(b) If a governmental entity prohibits the relocation and remodeling as provided in
Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
Section 213. Section 72-7-511 , which is renumbered from Section 27-12-136.12 is
renumbered and amended to read:
[
[
misdemeanor.
Section 214. Section 72-7-512 , which is renumbered from Section 27-12-136.13 is
renumbered and amended to read:
[
The attorney general may take such appeals as are provided for in [
Section 215. Section 72-7-513 , which is renumbered from Section 27-12-136.14 is
renumbered and amended to read:
[
(1) If any outdoor advertising use or structure may not be continued because of the widening,
construction, or reconstruction along a state highway, the owner shall have the option to relocate and
remodel the use or structure to another location:
(a) on the same property;
(b) on adjacent property;
(c) within 2640 feet of the previous location on either side of the same highway; or
(d) mutually agreed upon by the owner and the county or municipality in which the use,
structure, or permit is located.
(2) The relocation under Subsection (1) shall be in a commercial or industrial zoned area or
where outdoor advertising is permitted under this [
(3) The county or municipality in which the use or structure is located shall, if necessary,
provide for the relocation and remodeling by ordinance for a special exception to its zoning
ordinance.
(4) The relocated and remodeled use or structure may be:
(a) erected to a height and angle to make it clearly visible to traffic on the main-traveled way
of the highway to which it is relocated or remodeled;
(b) the same size and at least the same height as the previous use or structure, but the
relocated use or structure may not exceed the size and height permitted under this [
(c) relocated to a comparable vehicular traffic count.
(5) (a) The governmental entity, quasi-governmental entity, or public utility that causes the
need for the outdoor advertising relocation or remodeling as provided in Subsection (1) shall pay the
costs related to the relocation, remodeling, or acquisition.
(b) If a governmental entity prohibits the relocation and remodeling as provided in
Subsection (1)(a), (b), or (c), it shall pay just compensation as provided in Subsection [
72-7-510 (3).
Section 216. Section 72-7-514 , which is renumbered from Section 27-12-136.15 is
renumbered and amended to read:
[
(1) As used in this section, "landscape control" means trimming or removal of seedlings,
saplings, trees and vegetation along the interstate, federal aid primary highway existing as of June
1, 1991, and national highway system right-of-way to provide clear visibility of outdoor advertising.
(2) (a) The department shall establish a landscape control program as provided under this
section.
(b) Except as provided in this section, a person, including an outdoor advertising sign owner
or business owner may not perform or cause landscape control to be performed.
(3) (a) An outdoor advertising sign owner or business owner may submit a request for
landscape control to the department.
(b) Within 60 days of the request under Subsection (3)(a), the department shall:
(i) conduct a field review of the request with a representative of the sign or business owner,
the department, and the Federal Highway Administration to consider the following issues listed in
their order of priority:
(A) safety;
(B) protection of highway features, including right-of-way and landscaping;
(C) aesthetics; and
(D) motorists' view of the sign or business; and
(ii) notify the sign or business owner what, if any, trimming, removal, restoration, banking,
or other landscape control shall be allowed as decided by the department, after consultation with the
Federal Highway Administration.
(c) If the sign or business owner elects to proceed, in accordance with the decision issued
under this subsection [
control may be allowed, assigns responsibility for costs, describes the safety measures to be
observed, and attaches any explanatory plans or other information.
(4) The department shall establish an appeals process within the department for landscape
control decisions made under Subsection (3).
(5) (a) A person who performs landscape control in violation of this section is guilty of a
class C misdemeanor, and is liable to the owner for treble the amount of damages sustained to the
landscape.
(b) Each permit issued under this section shall notify the permit holder of the penalties under
Subsection (5)(a).
Section 217. Section 72-7-515 , which is renumbered from Section 27-12-136.16 is
renumbered and amended to read:
[
(1) As used in this section, "Utah-Federal Agreement" means the agreement relating to
outdoor advertising that is described under Section [
modifications to the agreement that are signed on behalf of both the state and the United States
Secretary of Transportation.
(2) The provisions of this act are subject to and shall be superseded by conflicting provisions
of the Utah-Federal Agreement.
(3) If any provision of this [
to be unconstitutional, or in conflict with or superseded by the Utah-Federal Agreement, the
remainder of this act and the application of the provision to other persons or circumstances shall not
be affected by it.
Section 218. Section 72-8-101 , which is renumbered from Section 27-14-1 is renumbered
and amended to read:
[
This [
Pedestrian Safety and Facilities Act."
Section 219. Section 72-8-102 , which is renumbered from Section 27-14-3 is renumbered
and amended to read:
[
As used in this [
(1) "Construction" means the function of constructing or reconstructing a sidewalk with or
without curb and gutter and [
[
[
water runoff and providing a barrier for safety of pedestrian and vehicular traffic.
[
third class status.
(4) "Pedestrian safety devices" means any device or method designed to foster the safety of
pedestrian traffic including sidewalks, curbs, gutters, and pedestrian overpasses.
Section 220. Section 72-8-103 , which is renumbered from Section 27-14-4 is renumbered
and amended to read:
[
on easements granted by transportation department.
(1) All sidewalks, including curbs and gutters within the unincorporated areas of a county
and within nonparticipating [
designated county sidewalks. All sidewalks within participating [
designated [
(2) [
municipalities may construct and maintain curbs, gutters, sidewalks, and pedestrian safety devices
adjacent to the traveled portion of state highways upon easements that may be granted by the [
department [
counties and participating [
maintenance.
(3) A county or municipality may construct and maintain pedestrian safety devices on state
highways in compliance with rules made by the department.
Section 221. Section 72-8-104 , which is renumbered from Section 27-14-5 is renumbered
and amended to read:
[
Factors.
(1) A county or municipality may use a portion of their B and C road funds for pedestrian
safety devices under this part.
(2) The county legislative body of the counties and the governing officials of participating
[
sidewalks, or other pedestrian safety construction, with funds permitted to be expended by this [
part, based on factors including, but not limited to:
(a) existing useable rights-of-way;
(b) [
(c) average daily [
(d) average daily pedestrian traffic;
(e) average daily school age pedestrian traffic; and
(f) speed of [
[
to wheelchairs at crosswalks and intersections.
Section 222. Section 72-8-105 , which is renumbered from Section 27-14-6 is renumbered
and amended to read:
[
[
a significant factor on all projects within the state or any of its political subdivisions.
Section 223. Section 72-8-106 , which is renumbered from Section 27-14-7 is renumbered
and amended to read:
[
body.
The [
(1) make rules [
to be expended for curbs, gutters, sidewalks, and pedestrian safety devices, as provided in this [
part; and
(2) cooperate with the county executives and county legislative bodies and the governing
officials of participating [
Section 224. Section 72-8-107 , which is renumbered from Section 27-14-8 is renumbered
and amended to read:
[
eligible to utilize funds under part.
(1) This [
curbs, gutters, sidewalks, or pedestrian safety devices by any counties or participating [
to funds normally used by counties and participating municipalities for pedestrian safety devices and
may not be used in substitution for local funding.
(2) If any county or participating [
exemption or deferral agreement for the construction of sidewalks, curbs, gutters, or pedestrian
safety devices which are otherwise normally required, the area for which the exemption or deferral
agreement applies [
part.
Section 225. Section 72-9-101 , which is renumbered from Section 27-17-101 is renumbered
and amended to read:
[
This chapter is known as the "Motor Carrier Safety Act."
Section 226. Section 72-9-102 , which is renumbered from Section 27-17-102 is renumbered
and amended to read:
[
As used in this chapter:
(1) (a) "Commercial vehicle" means a motor vehicle, vehicle, trailer, or semitrailer used or
maintained for business, compensation, or profit to transport passengers or property on a highway
if the commercial vehicle:
(i) has a manufacturer's gross vehicle weight rating or gross combination weight rating of
10,001 or more pounds;
(ii) is designed to transport more than 15 passengers, including the driver; or
(iii) is used in the transportation of hazardous materials and is required to be placarded in
accordance with 49 C.F.R. Part 172, Subpart F.
(b) The following vehicles are not considered a commercial vehicle for purposes of this
chapter:
(i) equipment owned and operated by the United States Department of Defense when driven
by any active duty military personnel and members of the reserves and national guard on active duty
including personnel on full-time national guard duty, personnel on part-time training, and national
guard military technicians and civilians who are required to wear military uniforms and are subject
to the code of military justice;
(ii) firefighting and emergency vehicles, operated by emergency personnel, not including
commercial tow trucks; and
(iii) recreational vehicles that are driven solely as family or personal conveyances for
noncommercial purposes.
[
[
[
transporting passengers, freight, merchandise, or other property by a commercial vehicle on a
highway within this state and includes a tow truck business.
[
[
[
primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or
impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line,
dolly, tilt bed, or other means.
[
[
vehicle, including loading, unloading, and any ancillary service provided by the motor carrier in
connection with movement by motor vehicle, which is performed by or on behalf of the motor
carrier, its employees or agents, or under the authority of the motor carrier, its employees or agents,
or under the apparent authority and with the knowledge of the motor carrier.
[
Section 227. Section 72-9-103 , which is renumbered from Section 27-17-103 is renumbered
and amended to read:
[
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules:
(a) adopting by reference in whole or in part the Federal Motor Carrier Safety Regulations
including minimum security requirements for motor carriers;
(b) specifying the equipment required to be carried in each tow truck, including limits on
loads that may be moved based on equipment capacity and load weight;
(c) specifying collection procedures, in conjunction with the administration and enforcement
of the safety or security requirements, for the motor carrier fee under Section [
and
(d) providing for the necessary administration and enforcement of this chapter.
(2) The department shall comply with Title 63, Chapter 46b, Administrative Procedures Act,
in its adjudicative proceedings.
Section 228. Section 72-9-104 , which is renumbered from Section 27-17-104 is renumbered
and amended to read:
[
A motor carrier may not operate any commercial vehicle for the transportation of persons or
property on any public highway in this state except in accordance with this chapter, and rules and
orders of the department.
Section 229. Section 72-9-105 , which is renumbered from Section 27-17-405 is renumbered
and amended to read:
[
(1) Except under Subsection [
vehicle used for transportation of persons or property:
(a) the name of the motor carrier company; and
(b) the location of domicile by city and state.
(2) The lettering shall be free from obstruction and legible [
least 50 feet.
(3) (a) In addition to the lettering required under Subsection (1), the department may require
an identification number assigned by the department to be displayed in accordance with this section.
(b) The number may be used to assist the department in conjunction with the U.S.
Department of Transportation to develop a program to improve motor carrier safety enforcement.
(4) A commercial vehicle primarily used by a farmer for the production of agricultural
products is exempt from the provisions of this section.
Section 230. Section 72-9-106 , which is renumbered from Section 63-49-20 is renumbered
and amended to read:
[
hours of service.
(1) As used in this section, "emergency" means a condition which jeopardizes life or
property or that endangers public health and safety.
(2) A person who is an employee of an electrical corporation, a gas corporation, or a
telephone corporation, as these corporations are defined in Section 54-2-1 , is exempt from any hours
of service rules and regulations for drivers while operating a public utility vehicle within the state
during the emergency restoration of public utility service. [
Section 231. Section 72-9-201 , which is renumbered from Section 27-17-201 is renumbered
and amended to read:
[
-- Terms -- Meetings -- Per diem and expenses -- Duties.
(1) There is created within the department the Motor Carrier Advisory Board consisting of
five members appointed by the governor.
(2) Each member of the board shall:
(a) represent experience and expertise in the areas of motor carrier transportation, commerce,
agriculture, economics, shipping, or highway safety;
(b) be selected at large on a nonpartisan basis; and
(c) have been a legal resident of the state for at least one year immediately preceding the date
of appointment.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(b) [
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) A member shall serve from the date of appointment until a replacement is appointed.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term beginning the day following the expiration of the preceding term.
(5) The board shall elect its own chair and vice chair at the first regular meeting of each
calendar year.
(6) The board shall meet at least quarterly or as needed when called by the chair.
(7) Any three voting members constitute a quorum for the transaction of business that comes
before the board.
(8) (a) Members shall receive no compensation or benefits for their services, but may receive
per diem and expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
(9) The board shall advise the department and the commission on interpretation, adoption,
and implementation of this chapter and other motor carrier related issues.
(10) The department shall provide staff support to the board.
Section 232. Section 72-9-301 , which is renumbered from Section 27-17-301 is renumbered
and amended to read:
[
Audits -- Rights of entry for audits.
(1) The department shall administer and in cooperation with the Department of Public
Safety, Utah Highway Patrol Division, as specified under Section 53-8-105 , shall enforce state and
federal laws related to the operation of a motor carrier within the state, including:
(a) the operation of ports-of-entry under Section [
(b) vehicle size, weight, and load restrictions;
(c) security requirements;
(d) safety requirements; and
(e) the Federal Motor Carrier Safety Regulations as contained in Title 49, Code of Federal
Regulations.
(2) The department shall conduct compliance audits and inspections as needed to enforce
state and federal laws related to the operation of a motor carrier.
(3) (a) In accordance with Subsection (3)(b), the department's authorized employees or
agents may enter, inspect, and examine any lands, buildings, and equipment of a motor carrier
subject to this chapter, to inspect and copy any accounts, books, records, and documents in order to
administer and enforce state and federal laws related to the operation of a motor carrier provided:
(i) the department's authorized employees or agents [
the motor carrier prior to entering, inspecting, or examining any facility or records of a motor carrier;
(ii) if the department's authorized employees or agents believe that a criminal violation is
involved and that a scheduled appointment would compromise the detection of the alleged criminal
violation, no appointment is necessary.
(b) A motor carrier shall submit its lands, buildings, and equipment for inspection and
examination and shall submit its accounts, books, records, and documents for inspection and copying
in accordance with this [
Section 233. Section 72-9-302 , which is renumbered from Section 27-17-302 is renumbered
and amended to read:
[
(1) The department may enter into agreements with other states to allow the cooperative base
state safety and insurance regulation of motor carriers transporting property or passengers in
interstate commerce.
(2) An agreement may authorize another state to:
(a) accept the filing of a certificate and affidavit of insurance;
(b) issue a revocation, suspension, restriction, probation, and reinstatement order or notice;
and
(c) collect and disburse any fee to and from another state that participates in the base state
program.
(3) An agreement may allow the exchange of information for audit, reporting, and
enforcement purposes.
Section 234. Section 72-9-303 , which is renumbered from Section 27-17-303 is renumbered
and amended to read:
[
(1) The department may issue cease and desist orders to any person:
(a) [
operation that is in violation of this chapter;
(b) [
(c) [
chapter.
(2) (a) The department shall notify the Motor Vehicle Division of the State Tax Commission
upon having reasonable grounds to believe that a motor carrier is in violation of this chapter. Upon
receiving notice by the department, the Motor Vehicle Division shall refuse registration or shall
suspend or revoke a registration as provided in Sections 41-1a-109 and 41-1a-110 .
(b) The department shall notify the Motor Vehicle Division immediately upon being
satisfied that a motor carrier, reported as being in violation under Subsection (2)(a), is in compliance
with this chapter. Upon receiving notice by the department, the Motor Vehicle Division shall
remove any restriction made on a registration [
Section 235. Section 72-9-401 , which is renumbered from Section 27-17-401 is renumbered
and amended to read:
[
(1) (a) A motor carrier receiving property for transportation from one point in this state to
another point in this state shall issue a receipt or bill of lading for the property, and shall be liable
to the lawful holder of the property for any loss, damage, or injury to the property caused by the
motor carrier, or by any motor carrier to which the property may be delivered or over whose line or
lines the property may pass within this state when transported on a through bill of lading.
(b) A contract, receipt, rule, regulation, or other limitation of any character whatsoever may
not exempt the motor carrier from this liability.
(2) A motor carrier that receives property for transportation or any motor carrier delivering
the property to the consignee shall be liable to the lawful holder of the receipt or bill of lading, or
to any party entitled to recover on the property whether the receipt or bill of lading has been issued
or not, for the full actual loss, damage or injury to the property caused by the motor carrier, or by
any motor carrier to which the property may have been delivered or over whose line or lines the
property may have passed within this state when transported on a through bill of lading.
(3) (a) The provisions of Subsection (2) apply notwithstanding any limitation of liability or
of the amount of recovery, or any representation or agreement as to the value of the property in any
receipt or bill of lading or in any contract, rule, or regulation.
(b) Any limitation of liability is unlawful and void if the provisions respecting liability for
full actual loss, damage, or injury notwithstanding any limitation of liability or of recovery, or any
representation or agreement or release as to value to property, except livestock, received for
transportation concerning which the motor carrier expressly authorizes or requires, by order of the
commission, the establishment and maintenance of rates dependent upon the value declared in
writing by the shipper or agreed to in writing as the released value of the property.
(c) The declaration or agreement shall have no other effect than to limit liability and
recovery to an amount not exceeding the value so declared or agreed upon.
Section 236. Section 72-9-402 , which is renumbered from Section 27-17-402 is renumbered
and amended to read:
[
suit.
(1) A motor carrier shall allow at least:
(a) 90 days for giving notice of claims for any loss, damage, or injury to property;
(b) four months for the filing of claims; and
(c) two years for the institution of suits.
(2) If the loss or injury complained of is due to delay[
unloaded, or damage in transit caused by carelessness or negligence, [
or a filing of claim [
Section 237. Section 72-9-403 , which is renumbered from Section 27-17-403 is renumbered
and amended to read:
[
(1) The motor carrier paying for the loss or damage to property transported or received is
entitled to recovery from the motor carrier responsible for the loss or damage, or on the motor
carrier's line the loss, damage, or injury was sustained.
(2) The amount of the loss or damage is equal to the amount the motor carrier is required
to pay to the persons entitled to the recovery.
Section 238. Section 72-9-404 , which is renumbered from Section 27-17-404 is renumbered
and amended to read:
[
Bills of lading issued by any motor carrier for the transportation of goods within this state
shall conform to this chapter, rules made under this chapter, and Title 70A, Chapter 7, Part 3, Bills
of Lading -- Special Provisions, that are not in conflict with this chapter.
Section 239. Section 72-9-501 , which is renumbered from Section 27-17-501 is renumbered
and amended to read:
[
ports-of-entry by the department -- Function of ports-of-entry -- Checking and citation powers
of port-of-entry agents.
(1) (a) The department shall construct ports-of-entry for the purpose of checking motor
carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws including
laws relating to:
(i) driver qualifications;
(ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act;
(iii) vehicle registration;
(iv) fuel tax payment;
(v) vehicle size, weight, and load;
(vi) security [
(vii) [
(viii) hazardous material as defined under 49 U.S.C. app. Sec. 1802;
(ix) livestock transportation; and
(x) safety [
(b) The ports-of-entry shall be located on state highways at sites determined by the
department.
(2) (a) The ports-of-entry shall be operated and maintained by the department.
(b) A port-of-entry agent may check, inspect, or test drivers, vehicles, and vehicle loads for
compliance with state and federal laws specified in Subsection (1).
(3) (a) A port-of-entry agent, in whose presence an offense described in this section is
committed, may:
(i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18 ;
(ii) request and administer chemical tests to determine blood alcohol concentration in
compliance with Section 41-6-44.3 ;
(iii) place a driver out-of-service in accordance with Section 53-3-417 ; and
(iv) serve a driver with notice of the Driver License Division of the Department of Public
Safety's intention to disqualify the driver's privilege to drive a commercial motor vehicle in
accordance with Section 53-3-418 .
(b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a
port-of-entry agent [
designated under Title 77, Chapter 1a, Peace Officer Designation.
Section 240. Section 72-9-502 , which is renumbered from Section 27-17-502 is renumbered
and amended to read:
[
Exceptions.
(1) Except under Subsection (3), a motor carrier operating a motor vehicle with a gross
vehicle weight of 10,001 pounds or more or any motor vehicle carrying livestock as defined in
Section 4-24-2 , shall stop at a port-of-entry [
section.
(2) The department may erect and maintain signs directing motor vehicles to a port-of-entry
as provided in [
(3) A motor [
distance for the motor vehicle would be increased by more than 5% or three miles, whichever is
greater if diverted to a port-of-entry [
Section 241. Section 72-9-503 , which is renumbered from Section 27-17-503 is renumbered
and amended to read:
[
port-of-entry operation.
(1) The executive director of the department may negotiate and enter into bilateral
agreements with a representative designated by a contiguous state for the construction, operation,
maintenance, and staffing of a jointly occupied port-of-entry.
(2) The agreement may provide for the collection of highway user fees, registration fees,
permit fees, fuel taxes, and any other fees and taxes by either state jointly occupying a port-of-entry.
(3) The agreement may provide for the enforcement of state and federal laws as provided
in [
Section 242. Section 72-9-601 , which is renumbered from Section 27-17-601 is renumbered
and amended to read:
[
In addition to the requirements of this chapter, a tow truck motor carrier shall:
(1) ensure that all [
(a) trained to operate tow truck equipment; and
(b) licensed, as required under Title 53, Chapter 3, Uniform Driver License Act; and
(2) obtain and display a current certificate of inspection for each tow truck, as required under
Section [
Section 243. Section 72-9-602 , which is renumbered from Section 27-17-602 is renumbered
and amended to read:
[
Consumer information.
(1) (a) The department [
compliance with this chapter.
(b) Each inspection of a tow truck shall be conducted prior to the tow truck beginning
operation and at least every two years thereafter.
(c) (i) The department [
truck that complies with this [
(ii) The inspection certificate shall expire two years from the month of issuance.
(d) The department [
to cover the cost of the inspection required under this section.
(2) The department shall make consumer protection information available to the public that
may use a tow truck motor carrier.
Section 244. Section 72-9-603 , which is renumbered from Section 27-17-603 is renumbered
and amended to read:
[
Abandoned vehicle title restrictions -- Maximum rates.
(1) Unless a vehicle is impounded under Section 41-6-44.30 , after performing a tow truck
service without the vehicle owner's knowledge, the person operating the tow truck shall:
(a) within one hour of arriving at the place of storage or impound of the vehicle, contact the
law enforcement agency having jurisdiction over the area where the vehicle was picked up and notify
the agency of the:
(i) location of the vehicle;
(ii) date, time, and location from which the vehicle was removed;
(iii) reasons for the removal of the vehicle;
(iv) person who requested the removal of the vehicle; and
(v) vehicle's description, including its identification number and license number; and
(b) within five days of performing the tow truck service, send a certified letter to the last
known address of the registered owner of the vehicle obtained from the Motor Vehicle Division or
if the person has actual knowledge of the owner's address to the current address, notifying him of
the:
(i) location of the vehicle;
(ii) date, time, location from which the vehicle was removed;
(iii) reasons for the removal of the vehicle;
(iv) person who requested the removal of the vehicle;
(v) vehicle's description, including its identification number and license number; and
(vi) costs and procedures to retrieve the vehicle.
(2) The registered owner of a vehicle lawfully removed is responsible for paying the towing,
impound, and storage fees.
(3) Towing, impound, and storage fees are a possessory lien on the vehicle until paid.
(4) A person may not request a transfer of title to an abandoned vehicle until at least 30 days
after notice has been sent under Subsection (1)(b).
(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
Department of Transportation may set maximum rates that:
(a) tow truck motor carriers may charge for the towing of vehicles that are transported in
response to:
(i) a peace officer dispatch call;
(ii) a motor vehicle division call; and
(iii) any other call where the owner of the vehicle has not consented to removal of his
vehicle; and
(b) impound yards may charge for the storage of vehicles stored as a result of one of the
conditions listed under Subsection (5)(a).
Section 245. Section 72-9-604 , which is renumbered from Section 27-17-604 is renumbered
and amended to read:
[
(1) A county or municipal legislative or governing body may not enact or enforce any
ordinance, regulation, rule, or fee pertaining to a tow truck or tow truck motor carrier that conflicts
with this part.
(2) A tow truck motor carrier that has a county or municipal business license for a place of
business located within that county or municipality may not be required to obtain another business
license in order to perform a tow truck service in another county or municipality if there is not a
business location in the other county or municipality.
(3) A county or municipal legislative body may require an annual tow truck safety inspection
in addition to the inspections required under Sections [
(a) no fee is charged for the inspection; and
(b) the inspection complies with federal motor carrier safety regulations.
(4) A tow truck shall be subject to only one annual safety inspection under Subsection (3).
A county or municipality that requires the additional annual safety inspection shall accept the same
inspection performed by another county or municipality.
Section 246. Section 72-9-605 , which is renumbered from Section 27-17-605 is renumbered
and amended to read:
[
This part does not apply to a person who is towing a vehicle owned by that person in a
noncommercial operation.
Section 247. Section 72-9-701 , which is renumbered from Section 27-17-701 is renumbered
and amended to read:
[
(1) Unless otherwise specified, any person who violates the provisions of this chapter or who
aids or abets another person in a violation of this chapter is guilty of a class B misdemeanor. A
second or subsequent conviction for a violation of this chapter or of aiding or abetting another person
in a violation of this chapter is a class A misdemeanor.
(2) Unless otherwise specified, any person who fails to obey any lawful order or rule made
under this chapter is guilty of a class B misdemeanor. A second or subsequent conviction for failing
to obey any lawful order or rule made under this chapter is a class A misdemeanor.
Section 248. Section 72-9-702 , which is renumbered from Section 27-17-702 is renumbered
and amended to read:
[
cumulative.
(1) This chapter may not be construed to have the effect of releasing or waiving any right of
action by the state, the department or any person for any right, penalty, or forfeiture which may have
arisen or occurred under any law of this state before [
or which arises or occurs after [
(2) All penalties accruing under this chapter are cumulative, and a suit for the recovery of
one penalty is not a bar to and shall not affect the recovery of any other penalty or forfeiture, and is
not a bar to any criminal prosecution against any motor carrier, or any officer, director, agent, or
employee of a motor carrier, or any other corporation or person, or a bar to the exercise by the
department, through the court, of its power to punish for contempt.
Section 249. Section 72-9-703 , which is renumbered from Section 27-17-704 is renumbered
and amended to read:
[
(1) In addition to any other penalties, a motor carrier that fails or neglects to comply with
any provision of the Constitution of this state, statute, or any rule or order of the department is
subject to a civil penalty of not less than $500 nor more than $2,000 for each offense.
(2) Every violation of any provision of the constitution of this state, statute, or any rule or
order of the department, is a separate and distinct offense. Each day's continuance of the violation
is a separate and distinct offense.
(3) (a) The civil penalty may be compromised by the department and a determination of
compromise is appealable by the person alleged to have committed the violation. In determining
the amount of the penalty or the amount agreed upon in compromise, the department shall consider
the:
(i) gravity of the violation; and
(ii) good faith of the person charged in attempting to achieve compliance after notification
of the violation.
(b) The amount of the penalty when finally determined or the amount agreed upon in
compromise may be deducted from any sums owing by the state to the person charged or may be
recovered in a civil action in the courts of this state.
(4) In construing and enforcing the provisions of this chapter relating to penalties, the act,
omission, or failure of any officer, agent, or employee of any motor carrier, acting within the scope
of his official duties or employment, is deemed to be the act, omission, or failure of the motor
carrier.
Section 250. Section 72-9-704 , which is renumbered from Section 27-17-705 is renumbered
and amended to read:
[
(1) The department shall assign an administrative law judge to hear contested matters.
(2) The administrative law judge's orders shall be reviewed by the department.
Section 251. Section 72-9-705 , which is renumbered from Section 27-17-706 is renumbered
and amended to read:
[
All fees and civil fines received and collected under this chapter shall be transmitted daily
to the state treasurer and deposited in the Transportation Fund.
Section 252. Section 72-9-706 , which is renumbered from Section 27-17-707 is renumbered
and amended to read:
[
(1) A motor carrier, not subject to the fee under Section 41-1a-1219 , who operates a
commercial vehicle on a highway within this state shall pay an annual motor carrier fee at the same
rate provided under Section 41-1a-1219 for each motor vehicle or combination of motor vehicles
operated in this state.
(2) The department shall collect the fee required under this section.
Section 253. Section 72-10-101 , which is renumbered from Section 2-1-24 is renumbered
and amended to read:
[
This [
"Aeronautics Act."
Section 254. Section 72-10-102 , which is renumbered from Section 2-1-1 is renumbered and
amended to read:
[
As used in this [
(1) "Acrobatics" means the intentional maneuvers of an aircraft not necessary to air
navigation.
(2) "Aeronautics" means transportation by aircraft, air instruction, the operation, repair, or
maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or other air
navigation facilities.
(3) "Aeronautics instructor" means any individual engaged in giving or offering to give
instruction in aeronautics, flying, or ground subjects, either with or without:
(a) compensation or other reward;
(b) advertising the occupation;
(c) calling his facilities an air school, or any equivalent term; or
(d) employing or using other instructors.
(4) "Aircraft" means any contrivance now known or in the future invented, used, or designed
for navigation of or flight in the air.
(5) "Air instruction" means the imparting of aeronautical information by any aviation
instructor or in any air school or flying club.
(6) "Airport" means any area of land, water, or both, that:
(a) is used or is made available for landing and takeoff;
(b) provides facilities for the shelter, supply, and repair of aircraft, and handling of
passengers and cargo; and
(c) meets the minimum requirements established by the division as to size and design,
surface, marking, equipment, and operation.
(7) "Airport authority" has the same meaning as "authority" in Section 17A-2-1502 , the Utah
Public Airport Authority Act definitions.
(8) "Air school" means any person engaged in giving, offering to give, or advertising,
representing, or holding himself out as giving, with or without compensation or other reward,
instruction in aeronautics, flying, or ground subjects, or in more than one of these subjects.
(9) "Airworthiness" means conformity with requirements prescribed by the Federal Aviation
Administration regarding the structure or functioning of aircraft, engine, parts, or accessories.
(10) "Antique aircraft" means a civil aircraft that is:
(a) 30 years old or older, calculated as to include the current year;
(b) primarily a collector's item and used solely for recreational or display purposes;
(c) not used for daily or regular transportation; and
(d) not used for commercial operations.
(11) "Civil aircraft" means any aircraft other than a public aircraft.
(12) "Commercial aircraft" means aircraft used for commercial purposes.
(13) "Commercial airport" means a landing area, landing strip, or airport that may be used
for commercial operations.
(14) "Commercial flight operator" means a person who conducts commercial operations.
(15) "Commercial operations" means:
(a) any operations of an aircraft for compensation or hire or any services performed
incidental to the operation of any aircraft for which a fee is charged or compensation is received,
including the servicing, maintaining, and repairing of aircraft, the rental or charter of aircraft, the
operation of flight or ground schools, the operation of aircraft for the application or distribution of
chemicals or other substances, and the operation of aircraft for hunting and fishing; or
(b) the brokering or selling of any of these services; but
(c) does not include any operations of aircraft as common carriers certificated by the federal
government or the services incidental to those operations.
(16) "Committee" means the Aeronautical Committee created in Section [
(17) "Dealer" means any person who is actively engaged in the business of flying for
demonstration purposes, or selling or exchanging aircraft, and who has an established place of
business.
[
[
created in Section [
[
(a) any aircraft designated by the Federal Aviation Administration or the military as
experimental and used solely for the purpose of experiments, or tests regarding the structure or
functioning of aircraft, engines, or their accessories; and
(b) any aircraft designated by the Federal Aviation Administration as:
(i) being custom or amateur built; and
(ii) used for recreational, educational, or display purposes.
[
[
lease, or use one or more aircraft for the purpose of instruction, pleasure, or both.
[
power plant.
[
overhauls aircraft, engines, or accessories.
[
jumping with a parachute from an aircraft, and has passed an examination showing that he possesses
the required physical and mental qualifications for the jumping.
[
packing, repairing, and maintaining parachutes.
[
the pilot or crew, with or without their necessary personal belongings.
[
association of individuals.
[
[
[
government or of any political subdivision, including the government of the United States, of the
District of Columbia, and of any state, territory, or insular possession of the United States, but not
including any government-owned aircraft engaged in carrying persons or goods for commercial
purposes.
[
in a manner as to endanger the property, life, or body of any person, due regard being given to the
prevailing weather conditions, field conditions, and to the territory being flown over.
[
Administration to any aircraft, whether or not the number includes a letter or letters.
[
and 16 to one, inclusive.
[
Section 255. Section 72-10-103 , which is renumbered from Section 2-1-12 is renumbered
and amended to read:
[
Powers and duties.
(1) (a) There is created an Aeronautical Committee within the division to act in an advisory
capacity in determining the aeronautics policy within the state.
(b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
committee shall make rules:
(i) governing the establishment, location, and use of air navigation facilities; [
(ii) regulating the use, licensing, and supervision of airports;
(iii) establishing minimum standards with which all air navigation facilities, flying clubs,
aircraft, gliders, pilots, and airports must comply; and
(iv) safeguarding from accident and protecting the safety of persons operating or using
aircraft and persons and property on the ground.
(2) The rules may:
(a) require that any device or accessory that forms part of any aircraft or its equipment be
certified as complying with this chapter;
(b) limit the use of any device or accessory as necessary for safety; and
(c) develop and promote aeronautics within this state.
(3) (a) To avoid the danger of accident incident to confusion arising from conflicting rules
governing aeronautics, the committee's rules shall conform as nearly as possible with federal
legislation, rules, regulations, and orders on aeronautics.
(b) The committee's rules may not be inconsistent with paramount federal legislation, rules,
regulations, and orders on the subject.
(4) The committee may not require any pilot, aircraft, or mechanic who has procured a
license under the Civil Aeronautics Authority of the United States to obtain a license from this state,
other than required by this chapter.
(5) The committee may not make rules that conflict with the regulations of:
(a) the Civil Aeronautics Authority; or
(b) other federal agencies authorized to regulate the particular activity.
(6) All schedules of charges, tolls, and fees established by the division shall be approved and
adopted by the committee.
(7) The committee shall comply with the procedures and requirements of Title 63, Chapter
46b, Administrative Procedures Act, in its adjudicative proceedings.
Section 256. Section 72-10-104 , which is renumbered from Section 2-1-2 is renumbered and
amended to read:
[
Chair -- Quorum -- Per diem allowance and expenses.
(1) (a) The Aeronautical Committee shall be comprised of five members who shall be
appointed by the governor.
(b) Each member of the committee shall be knowledgeable and interested in aviation.
(c) Not more than three of the members shall be of the same political party. Except as
required by Subsection (d), all appointments shall be for four-year terms of office.
(d) Notwithstanding the requirements of Subsection (c), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(2) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(3) The chair of the committee shall be appointed from the membership of the committee.
Three members of the committee shall constitute a quorum for the exercising of the powers and
authority conferred upon it.
(4) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 257. Section 72-10-105 , which is renumbered from Section 2-1-13 is renumbered
and amended to read:
[
(1) The Aeronautical Committee may conduct investigations, inquiries, and hearings
concerning matters covered by this chapter and accidents or injuries incident to the operation of
aircraft occurring within this state.
(2) The committee may:
(a) administer oaths and affirmations;
(b) certify to all official acts;
(c) issue subpoenas;
(d) compel the attendance and testimony of witnesses; and
(e) compel the production of papers, books, and documents.
(3) (a) If any person fails to comply with any subpoena or order issued by the committee,
the committee may petition any district court in this state to order compliance.
(b) The district court may order the person to comply with the requirements of the subpoena
or order of the committee, or to give evidence upon the matter in question.
(c) Any failure to obey the order of the court may be punished by the court as contempt.
Section 258. Section 72-10-106 , which is renumbered from Section 2-1-14 is renumbered
and amended to read:
[
-- Members of committee or employees of division not required to testify.
(1) The reports of investigations or hearings, or any part of them, may not be admitted in
evidence or used for any purpose in any suit, action, or proceeding growing out of any matter
referred to in the investigations or hearings, or in any report of them, except in case of criminal or
other proceedings instituted by or on behalf of the division under this title.
(2) A member of the committee or any employee of the division may not be required to
testify to any fact ascertained in or information gained by reason of his official capacity.
(3) The members or employees of the division may not be required to testify as expert
witnesses in any suit, action, or proceeding involving any aircraft or any navigation facility.
Section 259. Section 72-10-107 , which is renumbered from Section 2-1-15 is renumbered
and amended to read:
[
(1) (a) The division and every county and municipal officer required to enforce state laws
shall enforce and assist in the enforcement of this chapter.
(b) The division may enforce this chapter by injunction in the district courts of this state.
(c) Other departments and political subdivisions of this state may cooperate with the
committee and the division in the development of aeronautics within this state.
(2) (a) Unless otherwise provided by statute, the division may adopt a schedule of fees
assessed for services provided by the division.
(b) Each fee shall be reasonable and fair, and shall reflect the cost of the service provided.
(c) Each fee established in this manner shall be submitted to and approved by the Legislature
as part of the division's annual appropriations request.
(d) The division may not charge or collect any fee proposed in this manner without approval
by the Legislature.
Section 260. Section 72-10-108 , which is renumbered from Section 2-1-15.5 is renumbered
and amended to read:
[
The division shall conduct adjudicative proceedings in accordance with Title 63, Chapter
46b, Administrative Procedures Act.
Section 261. Section 72-10-109 , which is renumbered from Section 2-1-6 is renumbered and
amended to read:
[
The division shall pay the expenses of the administration of this [
funds set up by the state treasurer for that purpose.
Section 262. Section 72-10-110 , which is renumbered from Section 2-1-7 is renumbered and
amended to read:
[
(1) (a) [
authorize to be operated, piloted, or navigated within this state any civil aircraft located in this state
unless the aircraft has a [
through the county in which the aircraft is located.
(b) This restriction does not apply to aircraft licensed by a foreign country with which the
United States has a reciprocal agreement covering the operations of [
to a non-passenger-carrying flight solely for inspection or test purposes authorized by the Federal
Aviation Administration to be made without the certificate of registration.
(2) Aircraft assessed by the State Tax Commission are exempt from the state registration
requirement under Subsection (1).
Section 263. Section 72-10-111 , which is renumbered from Section 2-1-7.5 is renumbered
and amended to read:
[
fee.
(1) All applications for aircraft registration, including under Section [
shall contain:
(a) a description of the aircraft, including:
(i) the manufacturer or builder;
(ii) the aircraft registration number, type, year of manufacture, or if an experimental aircraft,
the year the aircraft was completed and certified for air worthiness by an inspector of the Federal
Aviation Administration; and
(iii) gross weight;
(b) the name and address of the owner of the aircraft; and
(c) where the aircraft is located, or the address where the aircraft is usually used or based.
(2) (a) The application for registration in the state of Utah shall be accompanied by [
annual registration fee determined by the State Tax Commission. However, if the application is to
register an antique aircraft or experimental aircraft, the fee is set under Section [
(b) The fee shall be collected by the county and remitted to the tax commission to be used
to defray the costs of implementing this section.
Section 264. Section 72-10-112 , which is renumbered from Section 2-1-7.6 is renumbered
and amended to read:
[
(1) In lieu of the annual registration fees under Section [
fee for antique aircraft and experimental aircraft is a single fee of $50.
(2) Registration under this section shall comply with the registration requirements of Section
[
experimental aircraft under this chapter.
(3) An aircraft to be registered as an antique aircraft or experimental aircraft shall meet
applicable airworthiness standards established by state and federal aviation regulatory agencies.
Section 265. Section 72-10-113 , which is renumbered from Section 2-1-7.7 is renumbered
and amended to read:
[
Failure to register any aircraft required to be registered with the state in the county in which
the aircraft is located subjects the owners of the aircraft to the same penalties provided for motor
vehicles under Sections 41-1a-1101 , 41-1a-1301 , and 41-1a-1307 .
Section 266. Section 72-10-114 , which is renumbered from Section 2-1-8 is renumbered and
amended to read:
[
(1) [
unless that person is the holder of a currently effective pilot's certificate of competency issued by the
government of the United States.
(2) This restriction does not apply to any person operating any aircraft licensed by a foreign
country with which the United States has a reciprocal agreement covering the operation of [
the licensed aircraft.
Section 267. Section 72-10-115 , which is renumbered from Section 2-1-9 is renumbered and
amended to read:
[
(1) Mechanics will be rated as airframe or powerplant mechanics.
(2) A person may hold a plurality of certificate of competency, [
classes of mechanic's certificate of competency or a pilot's and mechanic's certificate of competency.
(3) The certificate shall be a currently effective certificate of competency issued by the
government of the United States.
(4) This restriction does not apply to mechanics employed by the United States government.
Section 268. Section 72-10-116 , which is renumbered from Section 2-1-11 is renumbered
and amended to read:
[
validity of certificate in criminal proceedings.
(1) The certificate of license or permit required of a pilot or a student shall be kept in the
personal possession of a licensee or permittee operating an aircraft within the state.
(2) The certificate of license required for an aircraft shall be carried in the aircraft at all times
and shall be conspicuously posted in clear view of passengers.
(3) The certificate of pilot's license, student's permit, or aircraft license shall be presented
for inspection upon the demand of any peace officer of this state, any authorized official or employee
of the division, or any official, manager, or person in charge of any airport in this state upon which
it shall land, or upon the reasonable request of any other person.
(4) In any criminal prosecution under this title, a defendant who relies upon a license or
permit of any kind has the burden of proving that the defendant is properly licensed or is the
possessor of a proper license or permit.
(5) The fact of nonissuance of a license or permit may be evidenced by a certificate signed
by the official having power of issuance, or his deputy, under seal of office, stating that a diligent
search in the office records has been made and that from the records it appears that no license or
permit was issued.
Section 269. Section 72-10-117 , which is renumbered from Section 2-1-16 is renumbered
and amended to read:
[
on use of lands or waters of another -- Annual fee.
(1) (a) An airport open to public use may not be used or operated unless it is duly licensed
by the division.
(b) Any person who owns or operates an airport open to public use shall file an application
with the division for a license for the facility.
(2) (a) A license shall be granted whenever it is reasonably necessary for the accommodation
and convenience of the public and may be granted in other cases in the discretion of the division.
(b) The division may not issue a license if the division finds that the facility is not
constructed, equipped, and operated in accordance with the standards set by the committee.
(3) (a) The landing or taking off of aircraft on or from the lands or waters of another without
consent is unlawful, except in the case of a forced landing.
(b) For damages caused by a takeoff or landing, the owner, lessee of the aircraft, operator,
or any of them is liable.
(4) (a) A student pilot may not land on any area without the knowledge of the operator,
instructor, or school from which the student is flying.
(b) The use of private landing fields must not impose a hazard upon the person or property
of others.
(5) A certificate of registration is not required of, and the rules made under this title do not
apply to an airport owned or operated by the government of the United States.
(6) The division, with the approval of the committee, may charge a fee determined by the
division pursuant to Section 63-38-3.2 for the issuance of an annual airport license.
Section 270. Section 72-10-118 , which is renumbered from Section 2-1-16.5 is renumbered
and amended to read:
[
-- Rules -- Proof of insurance -- Bonds.
(1) (a) The county executive of any county may issue permits authorizing aircraft to land on
or take off from designated county roads.
(b) Permits may be issued to aircraft operated:
(i) as air ambulances;
(ii) as pesticide applicators; or
(iii) by or under contract with public utilities and used in connection with inspection,
maintenance, installation, operation, construction, or repair of property owned or operated by the
public utility.
(2) Permits may also be issued by the county executive to other aircraft under rules made
by the division.
(3) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
division shall make rules for issuing a special license to:
(i) an aircraft permitted by a county executive to land on a county road; and
(ii) a pilot permitted to operate an aircraft licensed under this subsection from a county road.
(b) The rules made under this subsection shall include provisions for the safety of the flying
and motoring public.
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
committee shall make rules for the landing and taking off of aircraft to which permits have been
issued, which may include annual reports of activities of the aircraft.
(5) Prior to obtaining a permit or license to any aircraft, the applicant shall file with the
county executive and the division a certificate of insurance executed by an insurance company or
association authorized to transact business in this state upon a form prescribed by the division that
there is in full force and effect a policy of insurance covering the aircraft for liability against:
(a) personal injury or death for any one person in an amount of $50,000 or more;
(b) any one accident in an amount of $100,000 or more; and
(c) property damage in an amount of $50,000 or more.
(6) In addition to the insurance required under this section, either the county executive or
the division may require the posting of a bond to indemnify the county or division against liability
resulting from issuing the permit or license.
Section 271. Section 72-10-119 , which is renumbered from Section 2-1-17 is renumbered
and amended to read:
[
Notice -- Right of inspection.
(1) If the division rejects an application for permission to operate or establish an airport, or
issues any order under this chapter that requires or prohibits certain actions, its order shall:
(a) contain the reasons for the rejection or order; and
(b) state the requirements to be met before approval will be given or the order changed.
(2) The division may order the closing of any airport until its requirements have been
fulfilled.
(3) (a) An airport not meeting the standards required by the division shall:
(i) be given notice of its noncompliance; and
(ii) have ten days from the receipt of that notice to respond to the division with a plan and
schedule for compliance.
(b) If the airport fails to respond within the required time, the division may revoke the airport
license and close the airport.
(4) The division and any state, county, or municipal officer charged with the duty of
enforcing this chapter may inspect and examine at reasonable hours any premises, buildings, or other
structures where regulated airports are operated.
Section 272. Section 72-10-120 , which is renumbered from Section 2-1-18 is renumbered
and amended to read:
[
(1) Any person against whom an order has been entered may obtain judicial review.
(2) Venue for judicial review of informal adjudicative proceedings is in the district court of
the county in which the order was made or the county in which property affected by the order is
located.
Section 273. Section 72-10-121 , which is renumbered from Section 2-1-21 is renumbered
and amended to read:
[
[
provisions of this [
misdemeanor.
Section 274. Section 72-10-122 , which is renumbered from Section 2-1-22 is renumbered
and amended to read:
[
If any provision of this [
circumstances is held invalid, [
applications of the [
and to this end the provisions of this [
Section 275. Section 72-10-123 , which is renumbered from Section 2-1-23 is renumbered
and amended to read:
[
This [
to make uniform the law of those states which enact it.
Section 276. Section 72-10-124 , which is renumbered from Section 2-1-25 is renumbered
and amended to read:
[
Sovereignty in the space above the lands and waters of this state is declared to rest in the
state, except where granted to and assumed by the United States pursuant to a constitutional grant
from the people of this state.
Section 277. Section 72-10-125 , which is renumbered from Section 2-1-26 is renumbered
and amended to read:
[
If in the operation of civil aircraft death or serious injury to person or to property results, a
report shall be made in accordance with federal aviation regulations.
Section 278. Section 72-10-126 , which is renumbered from Section 2-1-27 is renumbered
and amended to read:
[
All accidents in the operation of civil aircraft which cause injury to aircraft or property shall
be reported in accordance with federal aviation regulations.
Section 279. Section 72-10-127 , which is renumbered from Section 2-1-28 is renumbered
and amended to read:
[
(1) The division may cooperate with the officials of all state institutions for the purpose of
marking one building within their group as an aid to aerial navigation.
(2) The marking is subject to the approval of the division and shall comply with the
requirements of the United States civil aeronautics authority for air marking.
Section 280. Section 72-10-128 , which is renumbered from Section 2-1-30 is renumbered
and amended to read:
[
It shall be unlawful for any person, without express or implied authority of the owner, to
operate, climb upon, enter, manipulate the controls or accessories of, set in motion, remove parts or
contents of, or otherwise tamper with any civil aircraft within this state, or knowingly cause or
permit the same to be done.
Section 281. Section 72-10-129 , which is renumbered from Section 2-1-31 is renumbered
and amended to read:
[
[
or the equipment thereof.
Section 282. Section 72-10-130 , which is renumbered from Section 2-1-39 is renumbered
and amended to read:
[
(1) The division may expend state aeronautics funds for the Utah wing of the Civil Air Patrol
to be used to:
(a) purchase aviation facilities, training, supplies, and equipment;
(b) defray maintenance and rental costs of hangar facilities and aircraft;
(c) purchase maintenance supplies and equipment for the communications network of the
Civil Air Patrol; and
(d) provide administrative costs approved by the division.
(2) The expenditures may not exceed in any fiscal year the amount appropriated to the Utah
wing of the Civil Air Patrol by the Legislature.
Section 283. Section 72-10-131 , which is renumbered from Section 2-1-40 is renumbered
and amended to read:
[
[
purchase order is first approved by the director of aeronautics under guidelines established by the
Aeronautical Committee and unless the funds are specifically used as required in this [
Section 284. Section 72-10-132 , which is renumbered from Section 2-1-41 is renumbered
and amended to read:
[
Equipment, aircraft and vehicles owned by the civil air patrol and used for the emergency
service needs of the state of Utah are given tax-exempt status.
Section 285. Section 72-10-201 , which is renumbered from Section 2-2-1 is renumbered and
amended to read:
[
The division, a county, or municipal legislative body may accept contributions of money or
real or personal property for the purpose of establishing, developing, operating, or maintaining
airports under [
Section 286. Section 72-10-202 , which is renumbered from Section 2-2-2 is renumbered and
amended to read:
[
government -- Expenditures by division.
(1) The division may:
(a) cooperate with counties and municipalities in developing and constructing airports;
(b) make agreements on behalf of the state with any county or municipality regarding the
financial participation, construction, and operation of any airports;
(c) cooperate with the federal government in establishing airports; and
(d) accept from the United States of America, money to be matched with the funds of the
state and funds appropriated by any county or municipality in developing and constructing airports
under the Uniform Airports Act.
(2) The division may expend not to exceed 10% of its annual appropriation upon any one
project under this chapter.
Section 287. Section 72-10-203 , which is renumbered from Section 2-2-3 is renumbered and
amended to read:
[
authorized to acquire and regulate airports.
(1) The division and municipalities, counties, and airport authorities may acquire, establish,
construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police
airports for the use of aircraft and may use for these purposes any available property that is owned
or controlled by the division or by a municipality, county, or airport authority.
(2) A county may not exercise the authority conferred in this section outside of its
geographical limits except jointly with an adjoining county.
Section 288. Section 72-10-204 , which is renumbered from Section 2-2-4 is renumbered and
amended to read:
[
airport authorities -- Declaration of public purpose.
Any land acquired, owned, leased, controlled, or occupied by the division or by a county,
municipality, or airport authority for the purposes enumerated in Section [
acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes.
Section 289. Section 72-10-205 , which is renumbered from Section 2-2-5 is renumbered and
amended to read:
[
(1) Private property needed by the division or a county, municipality, or airport authority
for an airport or landing field or for the expansion of an airport or landing field may be acquired by
grant, purchase, lease, or other means if the division or the political subdivision is able to agree with
the owners of the property on the terms of acquisition.
(2) If no agreement can be reached, the private property may be obtained by condemnation
in the manner provided for the state or a political subdivision to acquire real property for public
purposes.
Section 290. Section 72-10-206 , which is renumbered from Section 2-2-6 is renumbered and
amended to read:
[
The purchase price or award for real property acquired, in accordance with the provisions of
this [
[
county, municipality, or other political subdivision, as the legislative body of [
subdivision shall determine, subject to the adoption of a proposition [
election, if the adoption of [
the political subdivision for public purposes generally.
Section 291. Section 72-10-207 , which is renumbered from Section 2-2-7 is renumbered and
amended to read:
[
-- Security unit.
(1) The department [
subdivisions of this state that have established or may establish airports or that acquire, lease, or set
apart real property for those purposes, may:
(a) construct, equip, improve, maintain, and operate the airports or may vest the authority
for their construction, equipment, improvement, maintenance, and operation in an officer of the
department [
(b) adopt rules, establish charges, fees, and tolls for the use of airports and landing fields,
fix penalties for the violation of the rules, and establish liens to enforce payment of the charges, fees,
and tolls, subject to approval by the Aeronautical Committee;
(c) lease the airports to private parties for operation for a term not exceeding 50 years, as
long as the public is not deprived of its rightful, equal, and uniform use of the facility;
(d) lease or assign space, area, improvements, equipment, buildings, and facilities on the
airports to private parties for operation for a term not exceeding 50 years;
(e) lease or assign real property comprising all or any part of the airports to private parties
for the construction and operation of hangars, shop buildings, or office buildings for a term not
exceeding 50 years, if the projected construction cost of the hangar, shop building, or office building
is $100,000 or more; and
(f) establish, maintain, operate, and staff a security unit for the purpose of enforcing state
and local laws at any airport that is subject to federal airport security regulations.
(2) The department or political subdivision shall pay the construction, equipment,
improvement, maintenance, and operations expenses of any airport established by them under
Subsection (1) [
(3) (a) If the department or political subdivision establishes a security unit under Subsection
(1) (f), the department head or the governing body of the political subdivision shall appoint persons
qualified as peace officers under Title 77, Chapter 1a, Peace Officer Designation to staff the security
unit.
(b) A security unit appointed by the department or political subdivision is exempt from civil
service regulations.
Section 292. Section 72-10-208 , which is renumbered from Section 2-2-8 is renumbered and
amended to read:
[
The local public authorities having power to appropriate money within the counties,
municipalities, or other public subdivisions of this state for the purpose of acquiring, establishing,
developing, operating, maintaining, or controlling airports under the provisions of this [
part, are authorized to appropriate and cause to be raised by taxation or otherwise in such political
subdivisions money sufficient to carry out therein the provisions of this [
for such purpose or purposes money derived from the airports.
Section 293. Section 72-10-209 , which is renumbered from Section 2-2-9 is renumbered and
amended to read:
[
(1) To provide unobstructed air space for the landing and taking off of aircraft using airports
acquired or maintained under this [
authority may acquire the air rights over private property necessary to insure safe approaches to the
landing areas of the airports.
(2) The air rights may be acquired by grant, purchase, lease, or condemnation in the same
manner provided under Section [
Section 294. Section 72-10-210 , which is renumbered from Section 2-2-10 is renumbered
and amended to read:
[
(1) The division and a county, municipality, or airport authority may acquire the right or
easement for a term of years or perpetually to place and maintain suitable marks for the daytime, and
to place, operate, and maintain suitable lights for the nighttime marking of buildings or other
structures or obstructions for the safe operation of aircraft using airports and landing fields acquired
or maintained under this [
(2) The rights or easements may be acquired by grant, purchase, lease, or condemnation in
the same manner provided under Section [
airports.
Section 295. Section 72-10-211 , which is renumbered from Section 2-2-11 is renumbered
and amended to read:
[
The division and a county, municipality, or airport authority acquiring, establishing,
developing, operating, maintaining, or controlling airports outside the geographical limits of the
subdivisions, under this [
Section 296. Section 72-10-212 , which is renumbered from Section 2-2-12 is renumbered
and amended to read:
[
proceedings, issuing bonds, and levying taxes.
It is the intent and purpose of this [
of bonds and the levying of taxes for airport purposes and the condemnation for airports and airport
facilities shall be construed in accordance with general provisions of the law of this state governing
the right and procedure of municipalities to condemn property, issue bonds, and levy taxes.
Section 297. Section 72-10-213 , which is renumbered from Section 2-2-13 is renumbered
and amended to read:
[
If any provision of this [
invalidity [
without the invalid provision or application, and to this end the provisions of this [
declared to be severable.
Section 298. Section 72-10-214 , which is renumbered from Section 2-2-14 is renumbered
and amended to read:
[
This [
those states which enact it.
Section 299. Section 72-10-301 , which is renumbered from Section 2-3-1 is renumbered and
amended to read:
[
As used in this [
(1) "Airport" means any area of land or water which is used, or intended for use[
landing and taking-off of aircraft, and any appurtenant areas which are used, or intended for use, for
aircraft buildings or other airport facilities or rights of way, together with all airport buildings and
facilities located [
(2) "Air navigation facility" means any facility -- other than one owned and operated by the
United States -- used in, available for use in, or designed for use in aid of air navigation, including
any structures, mechanisms, lights, beacons, markers, communicating systems, or other
instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience,
to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or
maintenance of an airport, and any combination of any or all of [
(3) "Airport hazard" means any structure, object of natural growth, or use of land which
obstructs the air space required for the flight of aircraft in landing or taking-off at an airport or is
otherwise hazardous to [
(4) "Municipality" means any county, city, town, or political subdivision of this state.
(5) "Person" means any individual, firm, partnership, corporation, company, association,
joint stock association, or body politic[
representation thereof.
(6) "Public agency" means the United States government or [
agencies, a state or [
or a tax-supported organization.
Section 300. Section 72-10-302 , which is renumbered from Section 2-3-2 is renumbered and
amended to read:
[
It is declared that the purpose of this [
progress:
(1) by authorizing public agencies of this state to accept, channel, and disburse federal, state,
and other funds for the planning, acquisition, construction, maintenance, operation, and regulation
of airports and air navigation facilities;
(2) by granting to a state agency [
that the state may obtain the full benefit of financial assistance made available by the federal
government, as well as assistance from other sources;
(3) by providing authority that may be exercised by a public agency independently or jointly
with other public agencies, [
political subdivisions jointly to establish, acquire, develop, and operate an airport or airports for their
joint or common use.
Section 301. Section 72-10-303 , which is renumbered from Section 2-3-3 is renumbered and
amended to read:
[
Receipt and disbursement of funds.
(1) The state, a county, municipality, or airport authority may not submit to any federal
agency or department of the United States any requests for aid under any act of congress that
provides funds for airports or commercial airport construction, development, expansion, or
improvements, unless the project and the requests for aid have been first approved by the division.
(2) The state, a county, municipality, or airport authority may not directly accept, receive,
receipt for, or disburse any funds granted by the United States under the act, but it shall designate
the division as its agent and in its behalf to accept, receive, receipt for, and disburse the funds.
(3) The state, a county, municipality, or airport authority shall enter into an agreement with
the division, prescribing the terms and conditions of the agency in accordance with federal laws,
rules, and regulations and applicable laws of this state.
(4) Moneys paid by the United States government shall be retained by the state or paid to
a county, municipality, or airport authority under terms and conditions imposed by the United States
government in making the grant.
Section 302. Section 72-10-304 , which is renumbered from Section 2-3-5 is renumbered and
amended to read:
[
(1) The division may make available its engineering and other technical services, with or
without charge, to the state, a county, municipality, or airport authority or person desiring them in
connection with the planning, acquisition, construction, improvement, maintenance, or operation of
airports or air navigation facilities.
(2) (a) The division may render financial assistance by grant, loan, or both, to any county,
municipality, or airport authority, in the planning, acquisition, construction, improvement,
maintenance, or operation of an airport owned or controlled, or to be owned or controlled by the
county, municipality, or airport authority, out of appropriations made by the Legislature for these
purposes.
(b) Financial assistance may be furnished in connection with federal or other financial aid
for the same purposes.
(3) (a) The division may use the facilities and services of other state agencies and of the
counties and municipalities to the utmost extent possible.
(b) The state agencies, counties, and municipalities shall make available their facilities and
services.
(4) All powers granted to any county, municipality, or airport authority by this chapter may
be exercised jointly with any county, municipality, or airport authority, and jointly with any state
agency or the United States if the laws of the other state or of the United States permit the joint
exercise.
Section 303. Section 72-10-305 , which is renumbered from Section 2-3-6 is renumbered and
amended to read:
[
(1) If any public agency determines that the public interest and the interest of the public
agency will be served by assisting any other public agency in exercising the powers and authority
granted by this [
property or money or lease or loan [
(2) In appropriating [
taxation, the issuance of bonds, or other means, the public agency may exercise all of its powers as
though used for its own direct purposes as provided in this [
Section 304. Section 72-10-306 , which is renumbered from Section 2-3-7 is renumbered and
amended to read:
[
A public agency may enter into any contracts necessary to the execution of the powers
granted it, and for the purposes provided by this [
Section 305. Section 72-10-307 , which is renumbered from Section 2-3-8 is renumbered and
amended to read:
[
The governing body of any public agency having power to appropriate and raise money is
authorized to appropriate, and to raise by taxation or otherwise, sufficient moneys to carry out the
provisions and purposes of this [
Section 306. Section 72-10-308 , which is renumbered from Section 2-3-9 is renumbered and
amended to read:
[
This [
laws and regulations of this state and other states and of the government of the United States having
to do with the subject of public airports.
Section 307. Section 72-10-309 , which is renumbered from Section 2-3-10 is renumbered
and amended to read:
[
If any provision of this [
circumstance shall be held invalid, [
applications of this [
and to this end the provisions of this [
Section 308. Section 72-10-401 , which is renumbered from Section 2-4-1 is renumbered and
amended to read:
[
As used in this [
(1) "Airport" means any area of land or water designed and set aside for the landing and
taking-off of aircraft and utilized or to be utilized in the interest of the public for [
purposes.
(2) "Airport hazard" means any structure or tree or use of land which obstructs the airspace
required for the flight of aircraft in landing or taking-off at an airport or is otherwise hazardous to
[
(3) "Airport hazard area" means any area of land or water upon which an airport hazard
might be established if not prevented as provided in this [
(4) "Political subdivision" means any municipality, city, town, or county.
(5) "Structure" means any object constructed or installed by man, including[
(6) "Tree" means any object of natural growth.
Section 309. Section 72-10-402 , which is renumbered from Section 2-4-2 is renumbered and
amended to read:
[
[
(1) an airport hazard endangers the lives and property of users of the airport and of occupants
of land in its vicinity[
(2) an obstruction of the type[
landing, taking-off, and maneuvering of aircraft[
of the airport and the public investment [
airport;
(3) the creation or establishment of an airport hazard is a public nuisance and an injury to
the community served by the airport in question; [
(4) it is [
welfare that the creation or establishment of airport hazards be prevented; [
(5) this should be accomplished, to the extent legally possible, by exercise of the police
power, without compensation[
(6) both the prevention of the creation or establishment of airport hazards and the
elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are
public purposes for which political subdivisions may raise and expend public funds and acquire land
or property interests [
Section 310. Section 72-10-403 , which is renumbered from Section 2-4-3 is renumbered and
amended to read:
[
Powers of board -- Membership.
(1) (a) In order to prevent the creation or establishment of airport hazards, every political
subdivision having an airport hazard area within its territorial limits may adopt, administer, and
enforce, under the police power and in the manner and upon the conditions [
in this part, airport zoning regulations for [
(b) The regulations may divide [
specify the land uses permitted and regulate and restrict the height to which structures and trees may
be erected or allowed to grow.
(2) [
hazard area appertaining to [
political subdivision, the political subdivision owning or controlling the airport and the political
subdivision within which the airport hazard area is located may, by ordinance or resolution duly
adopted, create a joint airport zoning board[
(b) The board shall have the same power to adopt, administer, and enforce airport zoning
regulations applicable to the airport hazard area in question as that vested by Subsection (1) in the
political subdivision within which [
(c) Each [
political subdivision participating in its creation and in addition a [
majority of the [
Section 311. Section 72-10-404 , which is renumbered from Section 2-4-4 is renumbered and
amended to read:
[
(1) In the event that a political subdivision has adopted[
comprehensive zoning ordinance regulating[
airport zoning regulations applicable to the same area or a portion [
incorporated in and made a part of [
and enforced in connection [
(2) In the event of conflict between any airport zoning regulations adopted under this [
part and any other regulations applicable to the same area, whether the conflict be with respect to
the height of structures or trees, the use of land, or any other matter, and whether [
regulations were adopted by the political subdivision which adopted the airport zoning regulations
or by some other political subdivision, the more stringent limitation or requirement shall govern and
prevail.
Section 312. Section 72-10-405 , which is renumbered from Section 2-4-5 is renumbered and
amended to read:
[
Airport zoning commission -- Powers and duties.
(1) [
under this [
or the joint board provided for in Subsection [
(b) At least 15 days' notice of the hearing shall be published in an official paper, or a paper
of general circulation, in the political subdivision or subdivisions in which is located the airport
hazard area to be zoned.
(2) (a) Prior to the initial zoning of any airport hazard area under this [
subdivision or joint airport zoning board which is to adopt the regulations shall appoint a
commission, to be known as the airport zoning commission, to recommend the boundaries of the
various zones to be established and the regulations to be adopted [
(b) The commission shall make a preliminary report and hold public hearings [
before submitting its final report, and the legislative body of the political subdivision or the joint
airport zoning board [
the final report of [
(c) If a comprehensive zoning commission already exists, it may be appointed as the airport
zoning commission.
Section 313. Section 72-10-406 , which is renumbered from Section 2-4-6 is renumbered and
amended to read:
[
restrictions.
(1) (a) All airport zoning regulations adopted under this [
none shall impose any requirement or restriction which is not reasonably necessary to effectuate the
purposes of this [
(b) In determining what regulations it may adopt, each political subdivision and joint airport
zoning board shall consider[
to be conducted at the airport, the nature of the terrain within the airport hazard area, the character
of the neighborhood, and the uses to which the property to be zoned is put and adaptable.
(2) [
the removal, lowering, or other change or alteration of any structure or tree not conforming to the
regulations when adopted or amended, or otherwise interfere with the continuance of any
nonconforming use, except as provided in Subsection [
Section 314. Section 72-10-407 , which is renumbered from Section 2-4-7 is renumbered and
amended to read:
[
Nonconforming structures -- Airport hazards -- Application to board of adjustment for
variance -- Allowance of variance -- Conditioning permit or variance.
(1) (a) Any airport zoning regulations adopted under this [
be obtained before any new structure or use may be constructed or established and before any
existing use or structure may be substantially changed or substantially altered or repaired. [
(b) All regulations shall provide that before any nonconforming structure or tree may be
replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit
[
regulations, authorizing [
(c) A permit [
creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to
be made or become higher or become a greater hazard to air navigation than it was when the
applicable regulation was adopted or [
(d) Except as provided [
granted.
(2) (a) Any person desiring to erect any structure, or increase the height of any structure, or
permit the growth of any tree, or otherwise use [
zoning regulations adopted under this [
from the zoning regulations in question. [
(b) A variance shall be allowed where a literal application or enforcement of the regulations
would result in practical difficulty or unnecessary hardship and the relief granted would not be
contrary to the public interest but do substantial justice and be in accordance with the spirit of the
regulations and this [
(c) Any variance may be allowed subject to any reasonable conditions that the board of
adjustment may deem necessary to effectuate the purposes of this [
(3) In granting any permit or variance under this section, the administrative agency or board
of adjustment may, if it [
[
the owner of the structure or tree in question to permit the political subdivision, at its own expense,
to install, operate, and maintain thereon [
to flyers the presence of an airport hazard.
Section 315. Section 72-10-408 , which is renumbered from Section 2-4-8 is renumbered and
amended to read:
[
proceedings -- Hearing and judgment.
(1) Any person aggrieved, or taxpayer affected, by any decision of any administrative agency
made in its administration of airport zoning regulations adopted under this [
governing body of a political subdivision, or any joint airport zoning board, which is of the opinion
that a decision of [
regulations of concern to [
authorized to hear and decide appeals from the decisions of [
(2) (a) All appeals taken under this section [
as provided by the rules of the board, by filing with the agency from which the appeal is taken and
with the board, a notice of appeal specifying the grounds [
(b) The agency from which the appeal is taken shall [
papers constituting the record upon which the action appealed from was taken.
(3) (a) An appeal shall stay all proceedings in furtherance of the action appealed from, unless
the agency from which the appeal is taken certifies to the board, after the notice of appeal has been
filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause
imminent peril to life or property.
(b) In [
board on notice to the agency from which the appeal is taken and on due cause shown.
(4) (a) The board shall fix a reasonable time for the hearing of appeals, give public notice
and due notice to the parties in interest, and decide the [
(b) Upon the hearing any party may appear in person or by agent or by attorney.
(5) The board may, in conformity with the provisions of this [
wholly or partly, or modify, the order, requirement, decision, or determination appealed from and
may make [
end shall have all the powers of the administrative agency from which the appeal is taken.
Section 316. Section 72-10-409 , which is renumbered from Section 2-4-9 is renumbered and
amended to read:
[
enforcement.
(1) (a) All airport zoning regulations adopted under this [
administration and enforcement of [
be an agency created by [
political subdivision adopting the regulations or of one of the political subdivisions which
participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory
to that political subdivision [
(b) The administrative agency may not be or include any member of the board of adjustment.
(2) The duties of any administrative agency designated pursuant to this [
include that of hearing and deciding all permits under Subsection [
the agency [
adjustment.
Section 317. Section 72-10-410 , which is renumbered from Section 2-4-10 is renumbered
and amended to read:
[
membership of board -- Hearings and decisions by board -- Meetings -- Adoption of rules.
(1) All airport zoning regulations adopted under this [
adjustment to have and exercise the following powers:
(a) to hear and decide appeals from any order, requirement, decision, or determination made
by the administrative agency in the enforcement of the airport zoning regulations, as provided in
Section [
(b) to hear and decide any special exceptions to the terms of the airport zoning regulations
upon which [
(c) to hear and decide specific variances under Subsection [
(2) [
appointed as the board of adjustment.
(b) Otherwise, the board of adjustment shall consist of five members, each to be appointed
for a term of three years, by the authority adopting the regulations and to be removable by the
appointing authority for cause, upon written charges and after public hearing.
(3) The concurring vote of a majority of the members of the board of adjustment shall be
sufficient to reverse any order, requirement, decision, or determination of the administrative agency,
or to decide in favor of the applicant on any matter upon which it is required to pass under the airport
zoning regulations, or to effect any variation in [
(4) (a) The board shall adopt rules in accordance with the provisions of the ordinance or
resolution by which it was created.
(b) Meetings of the board shall be held at the call of the [
times as the board may determine.
(c) The [
administer oaths and compel the attendance of witnesses.
(d) All hearings of the board shall be public.
(e) The board shall keep minutes of its proceedings, showing the vote of each member upon
each question, or, if absent or failing to vote, indicating [
examinations and other official actions, all of which shall immediately be filed in the office of the
board and shall be a public record.
Section 318. Section 72-10-411 , which is renumbered from Section 2-4-11 is renumbered
and amended to read:
[
and costs -- Regulations invalid as to one structure or parcel of land.
(1) (a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment,
or any governing body of a political subdivision or any joint airport zoning board, which is of the
opinion that a decision of a board of adjustment is illegal, may present to the district court a verified
petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of
the illegality. [
(b) The petition shall be presented to the court within 30 days after the decision is filed in
the office of the board.
(2) (a) Upon presentation of [
directed to the board of adjustment to review [
(b) The allowance of the writ [
from, but the court may, on application, on notice to the board and on due cause shown, grant a
restraining order.
(3) (a) The board of adjustment [
acted upon by it, but it shall be sufficient to return certified or sworn copies [
or of [
(b) The return shall concisely set forth [
material to show the grounds of the decision appealed from and shall be verified.
(4) (a) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision
brought up for review, in whole or in part, and if [
by the board of adjustment.
(b) The findings of fact of the board shall be considered by the court unless [
objection shall have been urged before the board, or, if it was not so urged, unless there were
reasonable grounds for failure to do so.
(5) Costs [
court that it acted with gross negligence, in bad faith, or with malice, in making the decision
appealed from.
(6) In any case in which airport zoning regulations adopted under this [
generally reasonable, are held by a court to interfere with the use or enjoyment of a particular
structure or parcel of land to [
structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the
Constitution of this state or the Constitution of the United States, [
the application of [
Section 319. Section 72-10-412 , which is renumbered from Section 2-4-12 is renumbered
and amended to read:
[
of political subdivisions.
(1) Each violation of this [
made pursuant to this [
(2) (a) A political subdivision or agency adopting zoning regulations under this [
may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate
any violation of this [
any order or ruling made in connection with their administration or enforcement[
(b) The court shall adjudge to the plaintiff [
otherwise, as may be proper under all the facts and circumstances of the case, in order fully to
effectuate the purposes of this [
pursuant [
Section 320. Section 72-10-413 , which is renumbered from Section 2-4-13 is renumbered
and amended to read:
[
easements.
[
nonconforming use is located or the political subdivision owning the airport or served by it may
acquire, by purchase, grant, or condemnation in the manner provided by the law under which
political subdivisions are authorized to acquire real property for public purposes, [
navigation easement, or other estate or interest in the property or nonconforming structure or use in
question [
(1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
(2) the approach protection necessary cannot, because of constitutional limitations, be
provided by airport zoning regulations under this part; or
(3) it appears advisable that the necessary approach protection be provided by acquisition
of property rights rather than by airport zoning regulations.
Section 321. Section 72-10-414 , which is renumbered from Section 2-4-16 is renumbered
and amended to read:
[
(1) If any governmental entity or agency adopts any measure which infringes upon the use
of privately owned property, or which is designed to assure development compatible with the
continued operation of a federal airport, the owner of that private property, if the owner has
continuously owned the land from the date of the measure and whose land is wholly or partially
within the area directly affected by the measure, may request an exchange of the affected land for
state land outside the affected area.
(2) (a) Upon a request pursuant to Subsection (1), the Board of State Lands, without cost to
the affected landowner, shall appraise the subject land taking into consideration the fair market value
of any and all improvements, and may offer a land exchange at the earliest practicable time.
(b) The state may identify at least one, and may identify up to three parcels of state land of
a substantially equal value to the land requested to be exchanged, and which can otherwise be
exchanged in a manner which will not prejudice the interest of the state and which will not be
inconsistent with proper management, control, protection, and use of state land.
(c) The state may provide for the use of qualified appraisers to expedite the process of the
request.
Section 322. Section 72-10-415 , which is renumbered from Section 2-4-14 is renumbered
and amended to read:
[
If any provision of this [
circumstances is held invalid, [
applications of the [
and to this end the provisions of this [
Section 323. Section 72-10-501 , which is renumbered from Section 2-6-101 is renumbered
and amended to read:
[
or unsafe blood alcohol concentration -- Measurement of blood or breath alcohol -- Criminal
punishment -- Arrest without warrant.
(1) (a) A person may not operate or be in actual physical control of an aircraft within this
state if the person:
(i) has a blood or breath alcohol concentration of .04 grams or greater as shown by a
chemical test given within two hours after the alleged operation or physical control; or
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any
drug to a degree that renders the person incapable of safely operating an aircraft.
(b) The fact that a person charged with violating this section is or has been legally entitled
to use alcohol or a drug is not a defense against any charge of violating this section.
(2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per
210 liters of breath.
(3) (a) A person convicted of a violation of Subsection (1) is guilty of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person has also inflicted bodily injury upon another as a
proximate result of having operated the aircraft in a negligent manner.
(b) In this section, the standard of negligence is that of simple negligence, the failure to
exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or
similar circumstances.
(4) A peace officer may, without a warrant, arrest a person for a violation of this section
when the officer has probable cause to believe:
(a) the violation has occurred, although not in [
(b) the violation was committed by that person.
Section 324. Section 72-10-502 , which is renumbered from Section 2-6-102 is renumbered
and amended to read:
[
Number of tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may
give test -- Evidence.
(1) (a) A person operating an aircraft in this state consents to a chemical test or tests of his
breath, blood, or urine:
(i) for the purpose of determining whether [
control of an aircraft while having a blood or breath alcohol content statutorily prohibited under
Section [
alcohol and any drug under Section [
direction of a peace officer having grounds to believe that person to have been operating or in actual
physical control of an aircraft in violation of Section [
(ii) if the person operating the aircraft is involved in an accident that results in death, serious
injury, or substantial aircraft damage.
(b) (i) The peace officer determines which of the tests are administered and how many of
them are administered.
(ii) The peace officer may order any or all tests of the person's breath, blood, or urine.
(iii) If an officer requests more than one test, refusal by a person to take one or more
requested tests, even though [
refusal under this section.
(c) (i) A person who has been requested under this section to submit to a chemical test or
tests of [
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is not
a defense to taking a test requested by a peace officer, and it is not a defense in any criminal, civil,
or administrative proceeding resulting from a person's refusal to submit to the requested test or tests.
(2) (a) If the person has been placed under arrest and has then been requested by a peace
officer to submit to any one or more of the chemical tests provided in Subsection (1) and refuses to
submit to any chemical test, the person shall be warned by the peace officer requesting the test that
a refusal to submit to the test is admissible in civil or criminal proceedings as provided under
Subsection (8).
(b) Following this warning, unless the person immediately requests that the chemical test
offered by a peace officer be administered, a test may not be given.
(3) Any person who is dead, unconscious, or in any other condition rendering [
person incapable of refusal to submit to any chemical test or tests is considered to not have
withdrawn the consent provided for in Subsection (1), and the test or tests may be administered
whether the person has been arrested or not.
(4) Upon the request of the person who was tested, the results of the test or tests shall be
made available to him.
(5) (a) Only a physician, registered nurse, practical nurse, or person authorized under
Section 26-1-30 to draw blood under Section 41-6-44.10 , acting at the request of a peace officer,
may withdraw blood to determine the alcohol or drug content. This limitation does not apply to the
taking of a urine or breath specimen.
(b) Any physician, registered nurse, practical nurse, or person authorized under Section
26-1-30 to draw blood under Section 41-6-44.10 who, at the direction of a peace officer, draws a
sample of blood from any person whom a peace officer has reason to believe is flying in violation
of this chapter, or hospital or medical facility at which the sample is drawn, is immune from any civil
or criminal liability arising from drawing the sample, if the test is administered according to standard
medical practice.
(6) (a) The person to be tested may, at [
[
at the direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of the
results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests
to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the direction
of a peace officer.
(7) For the purpose of determining whether to submit to a chemical test or tests, the person
to be tested does not have the right to consult an attorney or have an attorney, physician, or other
person present as a condition for the taking of any test.
(8) If a person under arrest refuses to submit to a chemical test or tests or any additional test
under this section, evidence of any refusal is admissible in any civil or criminal action or proceeding
arising out of acts alleged to have been committed while the person was operating or in actual
physical control of an aircraft while under the influence of alcohol, any drug, or combination of
alcohol and any drug.
(9) The results of any test taken under this section or the refusal to be tested shall be reported
to the Federal Aviation Administration by the peace officer requesting the test.
Section 325. Section 72-10-503 , which is renumbered from Section 2-6-103 is renumbered
and amended to read:
[
(1) The commissioner of the Department of Public Safety shall establish standards for the
administration and interpretation of chemical analysis of a person's breath, including standards of
training.
(2) In any action or proceeding in which it is material to prove that a person was operating
or in actual physical control of an aircraft while under the influence of alcohol or any drug or
operating with a blood or breath alcohol content statutorily prohibited, documents offered as
memoranda or records of acts, conditions, or events to prove that the analysis was made and the
instrument used was accurate, according to standards established in Subsection (1), are admissible
if:
(a) the judge finds that they were made in the regular course of the investigation at or about
the time of the act, condition, or event; and
(b) the source of information from which made and the method and circumstances of their
preparation indicate their trustworthiness.
(3) If the judge finds that the standards established under Subsection (1) and the conditions
of Subsection (2) have been met, there is a presumption that the test results are valid and further
foundation for introduction of the evidence is unnecessary.
Section 326. Section 72-10-504 , which is renumbered from Section 2-6-104 is renumbered
and amended to read:
[
under the influence -- Weight of evidence.
(1) (a) In any civil or criminal action or proceeding in which it is material to prove that a
person was operating or in actual physical control of an aircraft while under the influence of alcohol,
drugs, or with a blood or breath alcohol content statutorily prohibited, the results of a chemical test
or tests as authorized in Section [
(b) (i) In a criminal proceeding, noncompliance with Section [
render the results of the chemical test inadmissible.
(ii) Evidence of a defendant's blood or breath alcohol content or drug content is admissible
except when prohibited by Rules of Evidence or the constitution.
(2) If the chemical test was taken more than two hours after the alleged flying or actual
physical control, the test result is admissible as evidence of the person's blood or breath alcohol level
at the time of the alleged operating or actual physical control, but the trier of fact shall determine
what weight is given to the result of the test.
(3) This section does not prevent a court from receiving otherwise admissible evidence as
to a defendant's blood or breath alcohol level or drug level at the time of the alleged operating or
actual physical control.
Section 327. Section 72-11-101 is enacted to read:
72-11-101. Title.
This chapter is known as the "Aerial Tramway Systems Act."
Section 328. Section 72-11-102 is enacted to read:
72-11-102. Definitions.
As used in this chapter, "committee" means the Passenger Tramway Safety Committee.
Section 329. Section 72-11-103 , which is renumbered from Section 63-11-22 is renumbered
and amended to read:
[
Location of system.
(1) The [
is authorized to acquire, construct, reconstruct, improve or extend, maintain and operate, either
directly or through others by contract, lease, concession or otherwise, an aerial tramway system for
the transportation of persons and property between a point or points in the:
(a) Wasatch Mountain State Park; and [
(b) Uintah and Wasatch National Forests in the upper parts of Big Cottonwood, Little
Cottonwood and American Fork Canyons in Salt Lake, Utah and Wasatch Counties [
(2) The committee may acquire by purchase, contract, lease, permit, donation or otherwise,
and to construct, maintain and operate, either directly or through others, by contract, lease,
concession or otherwise, all property, rights of way, approach roads, parking and other areas,
structures, facilities and services for the convenience and recreation of patrons of [
transportation system and visitors to the Wasatch Mountain State Park [
(3) Any [
[
advisable.
Section 330. Section 72-11-104 , which is renumbered from Section 63-11-23 is renumbered
and amended to read:
[
bonds.
(1) [
committee under the authority of this [
Sections 64-1-4 and 64-1-5 [
Construction and Management.
(2) The provisions of Title 14, Chapter 1, Public Contracts requiring contractor's bonds are
expressly made applicable to any construction contract under this [
[
Section 331. Section 72-11-105 , which is renumbered from Section 63-11-24 is renumbered
and amended to read:
[
(1) The committee is authorized to co-operate and contract with and accept grants or other
assistance from any other agency of the state of Utah and from any department, bureau, agency,
instrumentality, office or officer of the United States and from the trustees or administrators of any
fund established in the interest of conservation or recreation[
(2) The grants or other assistance may be used for the acquisition, construction, maintenance,
development, and operation of any of the areas, facilities, activities, or services at any time under,
or intended to be brought under, the jurisdiction or control of the committee, expressly including
those contemplated by the provisions of this [
Section 332. Section 72-11-106 , which is renumbered from Section 63-11-25 is renumbered
and amended to read:
[
To raise funds for the acquisition, financing, construction, reconstruction, improvement, or
extension of [
authorized to issue revenue bonds in amounts bearing a rate or rates of interest not exceeding 9% per
annum, with maturities, in a form and on terms and conditions as it, with the approval of the director
of the Division of Finance, [
Section 333. Section 72-11-107 , which is renumbered from Section 63-11-26 is renumbered
and amended to read:
[
Agreements authorized.
The committee may provide by resolution at a duly called regular or special meeting for the
payment of the interest and principal of any and all [
to time, and for that purpose may enter into agreements with other parties and may execute
documents in a form and substance and on terms and conditions as it, with the approval of the
director of the Division of Finance, may from time to time determine.
Section 334. Section 72-11-108 , which is renumbered from Section 63-11-27 is renumbered
and amended to read:
[
(1) In any and all revenue bonds issued hereunder and in the resolution or resolutions
authorizing [
connection therewith, neither the payment of the principal or interest of any [
obligation of any [
obligation of the state [
(2) Payments are to be paid solely from the revenues received from the operation of the
proposed aerial tramway transportation system, visitor care and accommodations, and all services
in connection with the Wasatch Mountain State Park, as in the proceedings authorizing the issuance
of the bonds, shall be pledged to the payment thereof.
(3) All bonds issued under this [
face that neither the payment of the principal or any part thereof, nor any interest thereon, constitute
a debt, liability, or obligation of the state [
Section 335. Section 72-11-109 , which is renumbered from Section 63-11-28 is renumbered
and amended to read:
[
and used for costs of operation and maintenance.
(1) Any resolution or trust indenture authorizing the issuance of the revenue bonds shall
provide that all toll rates and charges and fees imposed for the use of all [
care and accommodations, recreational and other facilities and all services, the revenues of which
are pledged to the payment of revenue bonds authorized hereunder, shall be at all times fixed in
[
bonds, to maintain the necessary reserves in connection therewith and to pay the annual cost of
operation and maintenance of any of [
(2) The committee may in [
the principal of and interest on [
operation of all [
facilities, and all services operated by the commission in connection with the Wasatch Mountain
State Park, whether or not acquired with the proceeds of [
have been paid from [
the facilities, including necessary costs of insurance[
(3) The committee may also in [
to issue bonds on a parity with the bonds authorized by [
[
(4) After and subject to the payment of annual operating and maintenance expenses and
insurance costs, the bond redemption and interest payments, including reserves therefor, shall
constitute a first lien on all [
use and operation of the project or projects for the acquisition and construction of which [
revenue bonds were issued, and of any other revenue received from the operation of facilities in
connection with the Wasatch Mountain State Park that may be pledged by the committee as security
for the payment of [
Section 336. Section 72-11-110 , which is renumbered from Section 63-11-29 is renumbered
and amended to read:
[
franchise tax.
All bonds issued under the provisions of this [
when registered in the name of a registered owner and all [
income therefrom, are exempt from all taxation in the state [
franchise tax.
Section 337. Section 72-11-111 , which is renumbered from Section 63-11-30 is renumbered
and amended to read:
[
The committee, with the approval of the director of the Division of Finance, may fix the
terms and conditions for the sale or other disposition of any authorized issuance of bonds [
under this chapter and may sell any of the bonds at less than the par or face value, but no bond may
be sold at a price below the par or face value of the bond which would result in a sale price yielding
to the purchaser an average of more than 9% per annum, payable semiannually according to standard
tables of bond values.
Section 338. Section 72-11-112 , which is renumbered from Section 63-11-31 is renumbered
and amended to read:
[
The committee, its officers, employees, and agents are [
carry out the necessary procedures to implement the acquisition and development of an aerial
tramway system together with the necessary property, appliances, facilities, rights of way and
easements necessary or useful in connection therewith and to do anything not inconsistent with law
which they [
whether or not [
Section 339. Section 72-11-113 , which is renumbered from Section 63-11-32 is renumbered
and amended to read:
[
Subject to the approval of the director of the Division of Finance, the committee is authorized
to refund any revenue bonds that may become due or that may be called with the consent of the
holder or holders whenever refunding may be [
Section 340. Section 72-12-101 is enacted to read:
72-12-101. Title.
This chapter is known as the "Travel Reduction Act."
Section 341. Section 72-12-102 , which is renumbered from Section 54-11-1 is renumbered
and amended to read:
[
(1) The Legislature finds that:
(a) increasingly heavy commuting burdens on Utah's freeways and major transportation
arteries are gradually aggravating driving conditions for all Utah motorists;
(b) single-occupant driving is the predominant mode of transportation used by commuters
in Utah;
(c) single-occupant driving represents the most costly and most excessive use of dwindling
petroleum reserves; and
(d) rapidly increasing energy costs represent an ever-growing burden on commuters'
work-related expenses.
(2) The policy of this state is to support and encourage transportation modes and ride-sharing
programs that reduce the number of vehicle miles traveled, thereby reducing gasoline consumption
and protecting the environment.
Section 342. Section 72-12-103 , which is renumbered from Section 54-11-2 is renumbered
and amended to read:
[
As used in this chapter:
(1) "Car-pool" means a mode of transportation in which:
(a) six or fewer persons, including the driver, ride together in a motor vehicle;
(b) that transportation is incidental to another purpose of the driver; and
(c) the vehicle manufacturer's design capacity of any one seat is not exceeded.
(2) "Van-pool" means a nonprofit mode of prearranged commuter transportation of a
relatively fixed group of seven to 15 persons, including the driver, between home and work, or
termini near home and work, in a vehicle the group occupancy of which does not exceed the vehicle
manufacturer's design capacity and that:
(a) is owned or leased and operated by an individual:
(i) who owns only one van-pool vehicle;
(ii) whose provision of transportation is incidental to another purpose of the operator;
(iii) who does not transport people as a business; and
(iv) who accepts money from riders in the vehicle, if at all, only to recover some or all
expenses directly related to the transportation, including fuel, maintenance, insurance, and
depreciation;
(b) is owned or leased by a nonprofit employee organization and used to transport employees
between home and work, or termini near home and work to provide incentives to employees to make
the commute by a mode other than single occupant motor vehicle, the operating, administration, and
reasonable depreciation costs of which are paid, if at all, by the persons using the vehicles; or
(c) is owned or leased by an employer, a public agency, or a public transit district, either
alone or in cooperation with others to provide incentives to employees to make the commute by a
mode other than single occupant motor vehicle, the driver and passengers of which are employees
and fees charged, if at all, for which are nonprofit and only to recover operating, maintenance,
administration, and reasonable depreciation costs.
(3) "Ride-sharing arrangement" means either a car-pool, van-pool, or both.
Section 343. Section 72-12-104 , which is renumbered from Section 54-11-4 is renumbered
and amended to read:
[
and rules.
The following laws and rules do not apply to ride-sharing arrangements:
(1) laws and rules containing insurance requirements that are specifically applicable to motor
carriers or commercial vehicles;
(2) laws imposing a higher standard of care on drivers or owners of motor carriers or
commercial vehicles than that imposed on drivers or owners of other motor vehicles;
(3) laws and rules with equipment requirements and special accident reporting requirements
that are specifically applicable to motor carriers or commercial vehicles; and
(4) laws imposing a tax on fuel purchased in other states by motor carriers or road user taxes
on commercial buses.
Section 344. Section 72-12-105 , which is renumbered from Section 54-11-5 is renumbered
and amended to read:
[
Section 34A-2-401 providing compensation for workers injured during the course of their
employment [
arrangement between their places of residence and places of employment.
Section 345. Section 72-12-106 , which is renumbered from Section 54-11-6 is renumbered
and amended to read:
[
(1) An employer [
resulting from the operation or use of a motor vehicle not owned, leased, or contracted for by the
employer in a ride-sharing arrangement.
(2) An employer [
on account of the employer having provided information or incentives or otherwise having
encouraged employees to participate in ride-sharing arrangements.
Section 346. Section 72-12-107 , which is renumbered from Section 54-11-7 is renumbered
and amended to read:
[
Money and other benefits, other than salary, received by a driver in a ride-sharing
arrangement [
Title 59, Chapter 10, Individual Income Tax.
Section 347. Section 72-12-108 , which is renumbered from Section 54-11-8 is renumbered
and amended to read:
[
[
a tax on, or require a license for, a ride-sharing arrangement.
Section 348. Section 72-12-109 , which is renumbered from Section 54-11-9 is renumbered
and amended to read:
[
The fact that an employee participates in any kind of ride-sharing arrangement [
not[
wage or overtime pay or otherwise regulating the hours a person may work.
Section 349. Section 72-12-110 , which is renumbered from Section 54-11-10 is renumbered
and amended to read:
[
regulatory purposes.
(1) A motor vehicle used in a ride-sharing arrangement is not a bus or commercial vehicle
under:
(a) Title 41, Chapter 6, Traffic Rules and Regulations, relating to equipment requirements
and rules of the road; and
(b) Title 41, Chapter 1a, Motor Vehicle Act, relating to registration.
(2) The driver of a vehicle used in a ride-sharing arrangement is not a chauffeur and he is
not transporting persons for compensation under the driver licensing provisions of Title 53, Chapter
3, Uniform Driver License Act.
Section 350. Section 77-1a-4 is amended to read:
77-1a-4. Special function officers.
(1) (a) "Special function officers" means persons performing specialized investigations,
service of legal process, or security functions.
(b) "Special function officers" include state military police, constables, port-of-entry agents
as defined in Section [
Transportation assigned to administer and enforce the provisions of Title [
Motor Carrier Safety Act, school district security officers, Utah State Hospital security officers
designated pursuant to Section 62A-12-203 , Utah State Developmental Center security officers
designated pursuant to Subsection 62A-5-206 (9), fire arson investigators for any political
subdivision of the state, airport security officers of any airport owned or operated by the state or any
of its political subdivisions, railroad special agents deputized by a county sheriff under Section
17-30-2 , and all other persons designated by statute as having peace officer authority.
(c) Ordinance enforcement officers employed by municipalities or counties may be special
function officers.
(d) Employees of the Department of Natural Resources who have been designated to conduct
supplemental enforcement functions as a collateral duty shall be special function officers.
(2) (a) Special function officers have peace officer authority only while engaged in the duties
of their employment, and not for the purpose of general law enforcement. If the officer is charged
with security functions respecting facilities or property, the powers may be exercised only in
connection with acts occurring on the property where the officer is employed or when required for
the protection of the employer's interest, property, or employees.
(b) Airport security officers have total peace officer authority when on duty and when acting
in relation to the responsibilities of the airport at which they are employed, providing that the powers
may be exercised only in connection with acts occurring on the property of the airport.
(c) Special function officers may carry firearms only if authorized and under conditions
specified by the officer's employer or chief administrator. The carrying of firearms by constables
is authorized only while they are engaged in the duties of their employment.
(3) (a) A special function officer may not exercise the authority of a peace officer until the
officer has satisfactorily completed an approved basic training program for special function officers
as provided under Subsection (b) and the chief law enforcement officer or administrator has certified
this fact to the director of the Peace Officer Standards and Training Division. City and county
constables and their deputies shall certify their completion of training to the legislative governing
body of the county they serve.
(b) The agency that the special function officer serves shall establish and maintain a basic
special function course and in-service training programs as approved by the director of the Peace
Officer Standards and Training Division with the advice and consent of the Peace Officer Standards
and Training Council. The training shall consist of no fewer than 40 hours per year and shall be
conducted by the agency's own staff or other agencies.
Section 351. Section 77-7-18 is amended to read:
77-7-18. Citation on misdemeanor or infraction charge.
A peace officer, in lieu of taking a person into custody, any public official of any county or
municipality charged with the enforcement of the law, a port-of-entry agent as defined in Section
[
and deliver a citation requiring any person subject to arrest or prosecution on a misdemeanor or
infraction charge to appear at the court of the magistrate before whom the person should be taken
pursuant to law if the person had been arrested.
Section 352. Section 78-3-14.5 is amended to read:
78-3-14.5. Allocation of district court fees and forfeitures.
(1) Except as provided in this section, district court fines and forfeitures collected for
violation of state statutes shall be paid to the state treasurer.
(2) Fines and forfeitures collected by the court for violation of a state statute or county or
municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the state
treasurer and 1/2 to the treasurer of the government which prosecutes or which would prosecute the
violation.
(3) Fines and forfeitures collected for violations of Title 23, Wildlife Resources Code of
Utah, or Title 73, Chapter 18, State Boating Act, shall be paid to the state treasurer.
(a) For violations of Title 23, the state treasurer shall allocate 85% to the Division of
Wildlife Resources and 15% to the General Fund.
(b) For violations of Title 73, Chapter 18, the state treasurer shall allocate 85% to the
Division of Parks and Recreation and 15% to the General Fund.
(4) Fines and forfeitures collected for violation of Section [
[
treasurer for deposit in the B and C road account. Fees established by the Judicial Council shall be
deposited in the state General Fund. Money deposited in the class B and C road account is
supplemental to the money appropriated under Section [
in the same manner as other class B and C road funds.
(5) Fines and forfeitures collected for any violations not specified in this chapter or
otherwise provided for by law shall be paid to the state treasurer.
(6) Fees collected in connection with civil actions filed in the district court shall be paid to
the state treasurer.
(7) The court shall remit money collected in accordance with Title 51, Chapter 7, State
Money Management Act.
Section 353. Section 78-5-116 is amended to read:
78-5-116. Disposition of fines.
(1) Except as otherwise specified by this section, fines and forfeitures collected by a justice
court shall be remitted, one-half to the treasurer of the local government responsible for the court and
one-half to the treasurer of the local government which prosecutes or which would prosecute the
violation.
(2) (a) For violation of Title 23, the court shall allocate 85% to the Division of Wildlife
Resources and 15% to the general fund of the city or county government responsible for the justice
court.
(b) For violation of Title 73, Chapter 18, the court shall allocate 85% to the Division of
Parks and Recreation and 15% to the general fund of the city or county government responsible for
the justice court.
(3) The surcharge established by Section 63-63a-1 shall be paid to the state treasurer.
(4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice court
for a violation of [
maximum weight limitations and overweight permits, minus court costs not to exceed the schedule
adopted by the Judicial Council, shall be paid to the state treasurer and distributed [
(5) Revenue deposited in the class B and C road account pursuant to Subsection (4) is
supplemental to the money appropriated under Section [
in the same manner as other class B and C road funds.
Section 354. Repealer.
This act repeals:
Section 2-2-15, Short title.
Section 2-3-11, Short title.
Section 2-4-15, Short title.
Section 27-12-7, General duties of the department.
Section 27-12-9, Department may sue and be sued.
Section 27-12-25, Control of highways, roads, paths and ways not otherwise designated.
Section 27-12-86, Jurisdiction and control of department over interstate highways in
cities and towns.
Section 27-12-87, Authority of department to widen or improve streets.
Section 27-12-102.1, Vacation, narrowing or change of name of county road -- Petition
by property owner.
Section 27-12-102.2, Vacation, narrowing or change of name of county road -- Action
by county legislative body without petition.
Section 27-12-102.3, Vacation -- Notice -- Exception.
Section 27-12-102.4, Vacation -- Publication or posting and mailing of notice.
Section 27-12-102.5, Vacation or narrowing of county road -- Effect of action of county
legislative body.
Section 27-12-109.2, Interests in land acquired for preservation of scenic beauty.
Section 27-12-109.3, Powers of department over property acquired for scenic beauty --
Agreements for maintenance.
Section 27-12-111, Authority to provide and maintain limited-access facilities -- Powers
of highway authorities.
Section 27-12-112, Determination of design.
Section 27-12-113, Acquisition of property and property rights.
Section 27-12-114, Designation and establishment of new or existing highways as
limited-access facilities -- Elimination of intersections -- Right to open into or connect with
facility restricted.
Section 27-12-115, Agreements with political subdivisions and with federal government.
Section 27-12-116, Local service roads and streets.
Section 27-12-118, Agreements between boards and commissions and United States.
Section 27-12-119, Preference in use by livestock -- Restrictions.
Section 27-12-120, Unlawful to use public highway if livestock highway available --
Penalty for violation.
Section 27-12-124, Roads within national forests -- Use of county funds in cooperation
with federal government.
Section 27-12-136.1, "Utah Outdoor Advertising Act" -- Short title.
Section 27-12-137, Dump grounds, junk, or salvage yards adjacent to highways --
Regulation authorized -- Definitions.
Section 27-12-137.1, Junkyard Control Act -- Short title.
Section 27-14-2, Purpose.
Section 27-15-1, Definitions.
Section 27-15-2, Designation of class D roads.
Section 27-16-101, Title.
Section 27-17-703, Department of Transportation powers and duties.
Section 27-18-101, Title.
Section 63-49-2, Definition of terms.
Section 63-49-17, Redesignation of fund.
Section 355. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.
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