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H.J.R. 25

             1     

STATE TRANSPORTATION EMPOWERMENT

             2     
RESOLUTION

             3     
2006 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Aaron Tilton

             6     
Senate Sponsor: Sheldon L. Killpack

             7     
             8      LONG TITLE
             9      General Description:
             10          This joint resolution of the Legislature urges Congress to return to the states the
             11      responsibility for determining their surface transportation priorities.
             12      Highlighted Provisions:
             13          This resolution:
             14          .    urges the United States Congress to enact legislation that would return to the states
             15      full responsibility for formulating and implementing their own surface
             16      transportation priorities; and
             17          .    urges Congress to allow states to retain the revenues resulting from the repeal of the
             18      federal fuel tax collected within their borders to implement their surface
             19      transportation needs as determined by the states.
             20      Special Clauses:
             21          None
             22     
             23      Be it resolved by the Legislature of the state of Utah:
             24          WHEREAS, Utah pays a federal fuel tax of 18.4 cents per gallon;
             25          WHEREAS, for nearly half a century the federal fuel tax has supported the Federal
             26      Highway Administration, which was formed in 1956 to build the interstate highway system and
             27      which successfully completed that mission by the mid-1980s;


             28          WHEREAS, most of the transportation problems that confront travelers today are local
             29      or regional, and state and local governments can respond to them more effectively than distant
             30      bureaucracies;
             31          WHEREAS, a growing share of the federal fuel tax is diverted to purposes other than
             32      highways and roads, including urban mass transit, ferry boats, commuter rails, historic
             33      renovation, hiking trails, landscaping, covered bridges, scenic byways, and Appalachian
             34      redevelopment, which benefit narrow yet influential constituencies at the expense of the
             35      general public;
             36          WHEREAS, earmarks in federal transportation reauthorization legislation often
             37      represent projects that are not included in a state's long-term or short-term transportation plans;
             38          WHEREAS, earmarks also require matching funds, are often underfunded, and
             39      ultimately cost the state treasury more than anticipated;
             40          WHEREAS, earmarks also require state and local officials to lobby federal officials
             41      rather than being able to manage and fund their own transportation needs;
             42          WHEREAS, earmarking reduces the total amount of funds available for distribution to
             43      states through the core highway programs;
             44          WHEREAS, earmarks in federal transportation reauthorization legislation often count
             45      against an individual state's formula funds;
             46          WHEREAS, the federal government often threatens to withhold a state's share of
             47      federal highway money in order to force the state to comply with a variety of federal mandates,
             48      including clean air and safety standards, law enforcement, and union contracts;
             49          WHEREAS, the federal management of highway funding results in a subsidy to
             50      wealthier states and slow growth states at the expense of less affluent states and fast growth
             51      states with greater transportation needs; and
             52          WHEREAS, legislation that would give each state full control of the federal fuel tax
             53      revenues collected by that state has been proposed in several past sessions of Congress and has
             54      again been introduced as H.R. 2284, the Transportation Empowerment Act:
             55          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
             56      urges the United States Congress to enact legislation that would return to the states full
             57      responsibility to formulate and implement their own surface transportation priorities by
             58      allowing each state to retain the revenues resulting from the repeal of the federal fuel tax


             59      collected within its borders, allowing states to determine how to fund their surface
             60      transportation needs.
             61          BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of
             62      the United States, the Majority Leader of the United States Senate, the Speaker of the United
             63      States House of Representatives, the President of the Senate and the Speaker of the House of
             64      Representatives of each state's legislature, and to the members of Utah's congressional
             65      delegation.




Legislative Review Note
    as of 1-26-06 8:07 AM


Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel


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