Second Substitute H.B. 371

Senator Sheldon L. Killpack proposes the following substitute bill:

1 TRANSPORTATION GOVERNANCE
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 Senate Sponsor: Sheldon L. Killpack
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by amending provisions relating to
10 transportation governance.
11 Highlighted Provisions:
12 This bill:
13 . provides definitions;
14 . reduces the number of members on a public transit district board of trustees if more
15 than 200,000 people reside within the boundaries of the public transit district;
16 . extends the terms of certain public transit district board members from two to four
17 years;
18 . provides restrictions on appointment and officer selections for locally elected public
19 officials serving on a public transit district board of trustees;
20 . provides transition provisions for existing public transit district board members
21 whose positions are eliminated by reducing the number of members on certain
22 public transit district boards of trustees;
23 . authorizes a public transit district to require certain persons to obtain a criminal
24 background check;
25 . provides that information obtained by a public transit district from a criminal

26 background check may only be used for certain purposes;
27 . provides that a person is ineligible for certain employment with a public transit
28 district if the person has been convicted of certain offenses;
29 . requires the Department of Transportation to annually report to an appropriate
30 legislative committee as designated by Legislative Management Committee the
31 transfers that need to be made between all transportation-related funds to maintain
32 the highway funding program as prioritized by the Transportation Commission;
33 . provides that Transportation Commissioners shall be selected on a nonpartisan
34 basis;
35 . provides that for Transportation Commission appointments made on or after July 1,
36 2009, the selection of commissioners shall be:
37 . four commissioners with one of the commissioners selected from each of the
38 regions established by the Department of Transportation; and
39 . three commissioners selected from the state at large;
40 . provides that the Transportation Commission shall annually report to a committee
41 designated by the Legislative Management Committee a prioritized list of the new
42 transportation capacity projects in the state transportation system and the funding
43 levels available for those projects and the unfunded highway construction and
44 maintenance needs within the state;
45 . provides that the committee designated by the Legislative Management Committee
46 shall review the list reported by the Transportation Commission and make a
47 recommendation to the Legislature on the amount of additional funding to allocate
48 transportation and the source of revenue for the additional funding allocation;
49 . provides that the Department of Transportation may not delay a new transportation
50 capacity project that was funded by the Legislature in an appropriations act to a
51 different fiscal year than programmed by the Transportation Commission due to an
52 unavoidable shortfall in revenues unless the project delays are prioritized and
53 approved by the Transportation Commission;
54 . provides that the Transportation Commission shall prioritize and approve any new
55 transportation capacity project delays for projects that were funded by the
56 Legislature in an appropriations act due to an unavoidable shortfall in revenues;

57 . provides that the Department of Transportation may not delay a Critical Highway
58 Needs Fund project that was funded by the Legislature in an appropriations act to a
59 different fiscal year than programed by the Transportation Commission or that
60 general obligation proceeds have been issued for in the current fiscal year due to an
61 unavoidable shortfall in revenues unless the project delays are prioritized and
62 approved by the Transportation Commission;
63 . provides that the Transportation Commission shall prioritize and approve any
64 Critical Highway Needs Fund project delays due to an unavoidable shortfall in
65 revenues for a project:
66 . that was funded by the Legislature in an appropriations act; or
67 . that general obligation bond proceeds were issued for in the current fiscal year;
68 and
69 . makes technical changes.
70 Monies Appropriated in this Bill:
71 None
72 Other Special Clauses:
73 This bill provides an effective date.
74 Utah Code Sections Affected:
75 AMENDS:
76 17B-2a-802, as enacted by Laws of Utah 2007, Chapter 329
77 17B-2a-803, as enacted by Laws of Utah 2007, Chapter 329
78 17B-2a-807, as last amended by Laws of Utah 2008, Chapter 39
79 72-1-201, as last amended by Laws of Utah 2008, Chapter 382
80 72-1-301, as last amended by Laws of Utah 2002, Chapter 176
81 72-1-303, as last amended by Laws of Utah 2008, Chapters 39 and 382
82 72-1-305, as enacted by Laws of Utah 2005, Chapter 245
83 72-2-125, as last amended by Laws of Utah 2008, Chapters 124, 384, and 389
84 ENACTS:
85 17B-2a-807.5, Utah Code Annotated 1953
86 17B-2a-825, Utah Code Annotated 1953
87

88 Be it enacted by the Legislature of the state of Utah:
89 Section 1. Section 17B-2a-802 is amended to read:
90 17B-2a-802. Definitions.
91 As used in this part:
92 (1) "Appointing entity" means the person, county, unincorporated area of a county, or
93 municipality appointing a member to a public transit district board of trustees.
94 [(1)] (2) "Department" means the Department of Transportation created in Section
95 72-1-201 .
96 (3) (a) "Locally elected public official" means a person who holds an elected position
97 with a county or municipality.
98 (b) "Locally elected public official" does not include a person who holds an elected
99 position if the elected position is not with a county or municipality.
100 [(2)] (4) "Multicounty district" means a public transit district located in more than one
101 county.
102 [(3)] (5) "Operator" means a public entity or other person engaged in the transportation
103 of passengers for hire.
104 [(4)] (6) "Public transit" means the transportation of passengers only and their
105 incidental baggage by means other than:
106 (a) chartered bus;
107 (b) sightseeing bus;
108 (c) taxi; or
109 (d) other vehicle not on an individual passenger fare paying basis.
110 [(5)] (7) "Transit facility" means a transit vehicle, transit station, depot, passenger
111 loading or unloading zone, parking lot, or other facility:
112 (a) leased by or operated by or on behalf of a public transit district; and
113 (b) related to the public transit services provided by the district, including:
114 (i) railway or other right-of-way;
115 (ii) railway line; and
116 (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
117 a transit vehicle.
118 [(6)] (8) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle

119 operated as public transportation by a public transit district.
120 Section 2. Section 17B-2a-803 is amended to read:
121 17B-2a-803. Provisions applicable to public transit districts.
122 (1) (a) Each public transit district is governed by and has the powers stated in:
123 (i) this part; and
124 (ii) except as provided in Subsection (1)(b), Chapter 1, Provisions Applicable to All
125 Local Districts.
126 (b) (i) Except for Sections 17B-1-301 , 17B-1-311 , and 17B-1-313 , the following
127 provisions [of Chapter 1, Part 3, Board of Trustees,] do not apply to public transit districts[.]:
128 (A) Chapter 1, Part 3, Board of Trustees; and
129 (B) Section 17B-2a-905 .
130 (ii) A public transit district is not subject to Chapter 1, Part 6, Fiscal Procedures for
131 Local Districts.
132 (2) This part applies only to public transit districts.
133 (3) A public transit district is not subject to the provisions of any other part of this
134 chapter.
135 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
136 Local Districts, and a provision in this part, the provision in this part governs.
137 Section 3. Section 17B-2a-807 is amended to read:
138 17B-2a-807. Public transit district board of trustees -- Appointment --
139 Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
140 (1) (a) If 200,000 people or fewer reside within the boundaries of a public transit
141 district, the board of trustees shall consist of members appointed by the legislative bodies of
142 each municipality, county, or unincorporated area within any county on the basis of one
143 member for each full unit of regularly scheduled passenger routes proposed to be served by the
144 district in each municipality or unincorporated area within any county in the following calendar
145 year.
146 (b) For purposes of determining membership under Subsection (1)(a), the number of
147 service miles comprising a unit shall be determined jointly by the legislative bodies of the
148 municipalities or counties comprising the district.
149 (c) The board of trustees of a public transit district under this Subsection (1) may

150 include a member that is a commissioner on the Transportation Commission created in Section
151 72-1-301 and appointed as provided in Subsection (11), who shall serve as a nonvoting, ex
152 officio member.
153 (d) Members appointed under this Subsection (1) shall be appointed and added to the
154 board or omitted from the board at the time scheduled routes are changed, or as municipalities,
155 counties, or unincorporated areas of counties annex to or withdraw from the district using the
156 same appointment procedures.
157 (e) For purposes of appointing members under this Subsection (1), municipalities,
158 counties, and unincorporated areas of counties in which regularly scheduled passenger routes
159 proposed to be served by the district in the following calendar year is less than a full unit, as
160 defined in Subsection (1)(b), may combine with any other similarly situated municipality or
161 unincorporated area to form a whole unit and may appoint one member for each whole unit
162 formed.
163 (2) (a) [If] Subject to Section 17B-2a-807.5 , if more than 200,000 people reside within
164 the boundaries of a public transit district, the board of trustees shall consist of [15]:
165 (i) ten members:
166 (A) appointed as described under this Subsection (2)[,]; or
167 (B) retained in accordance with Section 17B-2a-807.5 ;
168 (ii) three members appointed as described in Subsection (4)[,]; and
169 (iii) one voting member appointed as provided in Subsection (11).
170 (b) Except as provided in Subsections (2)(c) and (d), the board shall apportion voting
171 members to each county within the district using an average of:
172 (i) the proportion of population included in the district and residing within each county,
173 rounded to the nearest [1/15] 1/10 of the total transit district population; and
174 (ii) the cumulative proportion of transit sales and use tax collected from areas included
175 in the district and within each county, rounded to the nearest [1/15] 1/10 of the total cumulative
176 transit sales and use tax collected for the transit district.
177 (c) The board shall join an entire or partial county not apportioned a voting member
178 under this Subsection (2) with an adjacent county for representation. The combined
179 apportionment basis included in the district of both counties shall be used for the
180 apportionment.

181 (d) (i) If rounding to the nearest [1/15] 1/10 of the total public transit district
182 apportionment basis under Subsection (2)(b) results in an apportionment of more than [15] ten
183 members, the county or combination of counties with the smallest additional fraction of a
184 whole member proportion shall have one less member apportioned to it.
185 (ii) If rounding to the nearest [1/15] 1/10 of the total public transit district
186 apportionment basis under Subsection (2)(b) results in an apportionment of less than [15] ten
187 members, the county or combination of counties with the largest additional fraction of a whole
188 member proportion shall have one more member apportioned to it.
189 (e) If the population in the unincorporated area of a county is at least [1/15] 1/10 of the
190 district's population, the county executive, with the advice and consent of the county legislative
191 body, shall appoint one voting member to represent each [1/15] 1/10 of the district's population
192 within a county's unincorporated area population.
193 (f) If a municipality's population is at least [1/15 of the district's population] 160,000,
194 the chief municipal executive, with the advice and consent of the municipal legislative body,
195 shall appoint one voting member to represent [each 1/15 of the district's] the population within
196 a municipality.
197 (g) (i) The number of voting members appointed from a county and municipalities
198 within a county under Subsections (2)(e) and (f) shall be subtracted from the county's total
199 voting member apportionment under this Subsection (2).
200 (ii) Notwithstanding Subsections (2)(l) and (10), no more than one voting member
201 appointed by an appointing entity may be a locally elected public official.
202 (h) If the entire county is within the district, the remaining voting members for the
203 county shall represent the county or combination of counties, if Subsection (2)(c) applies, or
204 the municipalities within the county.
205 (i) If the entire county is not within the district, and the county is not joined with
206 another county under Subsection (2)(c), the remaining voting members for the county shall
207 represent a municipality or combination of municipalities.
208 (j) (i) Except as provided under Subsections (2)(e) and (f), voting members
209 representing counties, combinations of counties if Subsection (2)(c) applies, or municipalities
210 within the county shall be designated and appointed by a simple majority of the chief
211 executives of the municipalities within the county or combinations of counties if Subsection

212 (2)(c) applies.
213 (ii) The appointments shall be made by joint written agreement of the appointing
214 municipalities, with the consent and approval of the county legislative body of the county that
215 has at least [1/15] 1/10 of the district's apportionment basis.
216 (k) Voting members representing a municipality or combination of municipalities shall
217 be designated and appointed by the chief executive officer of the municipality or simple
218 majority of chief executive officers of municipalities with the consent of the legislative body of
219 the municipality or municipalities.
220 (l) The appointment of voting members shall be made without regard to partisan
221 political affiliation from among citizens in the community.
222 (m) Each voting member shall be a bona fide resident of the municipality, county, or
223 unincorporated area or areas which the voting member is to represent for at least six months
224 before the date of appointment, and must continue in that residency to remain qualified to serve
225 as a voting member.
226 (n) (i) All population figures used under this section shall be derived from the most
227 recent official census or census estimate of the United States Bureau of the Census.
228 (ii) If population estimates are not available from the United States Bureau of Census,
229 population figures shall be derived from the estimate from the Utah Population Estimates
230 Committee.
231 (iii) All transit sales and use tax totals shall be obtained from the State Tax
232 Commission.
233 (o) (i) The board shall be apportioned as provided under this section in conjunction
234 with the decennial United States Census Bureau report every ten years.
235 (ii) Within 120 days following the receipt of the population estimates under this
236 Subsection (2)(o), the district shall reapportion representation on the board of trustees in
237 accordance with this section.
238 (iii) The board shall adopt by resolution a schedule reflecting the current and proposed
239 apportionment.
240 (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
241 each of its constituent entities as defined under Section 17B-1-701 .
242 (v) The appointing entities gaining a new board member shall appoint a new member

243 within 30 days following receipt of the resolution.
244 (vi) The appointing entities losing a board member shall inform the board of which
245 member currently serving on the board will step down:
246 (A) upon appointment of a new member under Subsection (2)(o)(v)[.]; or
247 (B) in accordance with Section 17B-2a-807.5 .
248 (3) Upon the completion of an annexation to a public transit district under Chapter 1,
249 Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
250 same basis as if the area had been included in the district as originally organized.
251 (4) In addition to the voting members appointed in accordance with Subsection (2), the
252 board shall consist of three voting members appointed as follows:
253 (a) one member appointed by the speaker of the House of Representatives;
254 (b) one member appointed by the president of the Senate; and
255 (c) one member appointed by the governor.
256 (5) (a) Except [the initial members of the board,] as provided in Section 17B-2a-807.5 ,
257 the terms of office of the voting members of the board shall be [two] four years or until a
258 successor is appointed, qualified, seated, and has taken the oath of office.
259 [(b) At the first meeting of the initial members of the board held after July 1, 2004,
260 voting members of the board shall designate by the drawing of lots for 1/2 of their number to
261 serve for one-year terms and 1/2 for two-year terms.]
262 [(c)] (b) (i) A voting member may not be appointed for more than three successive full
263 terms regardless of the appointing entity that appoints the voting member.
264 (ii) A person:
265 (A) may serve no more 12 years on a public transit district board of trustees described
266 in Subsection (2)(a) regardless of the appointing entity that appoints the member; and
267 (B) that has served 12 years on a public transit district board of trustees described in
268 Subsection (2)(a) is ineligible for reappointment to a public transit board of trustees described
269 in Subsection (2)(a).
270 (6) (a) Vacancies for voting members shall be filled by the official appointing the
271 member creating the vacancy for the unexpired term, unless the official fails to fill the vacancy
272 within 90 days.
273 (b) If the appointing official under Subsection (1) does not fill the vacancy within 90

274 days, the board of trustees of the authority shall fill the vacancy.
275 (c) If the appointing official under Subsection (2) does not fill the vacancy within 90
276 days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
277 (7) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
278 ordinances coming before the board of trustees.
279 (b) A majority of all voting members of the board of trustees are a quorum for the
280 transaction of business.
281 (c) The affirmative vote of a majority of all voting members present at any meeting at
282 which a quorum was initially present shall be necessary and, except as otherwise provided, is
283 sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
284 (8) Each public transit district shall pay to each voting member:
285 (a) an attendance fee of $50 per board or committee meeting attended, not to exceed
286 $200 in any calendar month to any voting member; and
287 (b) reasonable mileage and expenses necessarily incurred to attend board or committee
288 meetings.
289 (9) (a) Members of the initial board of trustees shall convene at the time and place
290 fixed by the chief executive officer of the entity initiating the proceedings.
291 (b) [Immediately upon convening, the] The board of trustees shall elect from its voting
292 membership a [president, vice president,] chair, vice chair, and secretary.
293 (c) The members elected under Subsection (9)(b) shall serve for a period of two years
294 or until their successors shall be elected and qualified.
295 (d) On or after January 1, 2011, a locally elected public official is not eligible to serve
296 as the chair, vice chair, or secretary of the board of trustees.
297 (10) [At] Except as otherwise authorized under Subsection (2)(g) and Section
298 17B-2a-807.5 , at the time of a voting member's appointment or during a voting member's
299 tenure in office, a voting member may not hold any employment, except as an independent
300 contractor or locally elected public official, with a county or municipality within the district.
301 (11) The Transportation Commission created in Section 72-1-301 :
302 (a) for a public transit district serving a population of 200,000 people or fewer, may
303 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
304 a nonvoting, ex officio member; and

305 (b) for a public transit district serving a population of more than 200,000 people, shall
306 appoint a commissioner of the Transportation Commission to serve on the board of trustees as
307 a voting member.
308 (12) (a) (i) Each member of the board of trustees of a public transit district is subject to
309 recall at any time by the legislative body of the county or municipality from which the member
310 is appointed.
311 (ii) Each recall of a board of trustees member shall be made in the same manner as the
312 original appointment.
313 (iii) The legislative body recalling a board of trustees member shall provide written
314 notice to the member being recalled.
315 (b) Upon providing written notice to the board of trustees, a member of the board may
316 resign from the board of trustees.
317 (c) [If] Except as provided in Section 17B-2a-807.5 , if a board member is recalled or
318 resigns under this Subsection (12), the vacancy shall be filled as provided in Subsection (6).
319 Section 4. Section 17B-2a-807.5 is enacted to read:
320 17B-2a-807.5. Public transit district board of trustees -- Transitional provisions.
321 (1) (a) A member appointed to a board of trustees in accordance with Subsection
322 17B-2a-807 (2) prior to April 1, 2009, that is ineligible for reappointment under Subsection (3)
323 may remain on the board of trustees and fulfill the member's appointment until July 1, 2010.
324 (b) The term of a member appointed to a board of trustees in accordance with
325 Subsection 17B-2a-807 (2) prior to April 1, 2009, that is ineligible for reappointment under
326 Subsection (3) is extended until July 1, 2010 if the member's term of appointment based on the
327 term limits that existed at the time of the member's appointment expires prior to July 1, 2010.
328 (2) The term of a member appointed to a board of trustees in accordance with
329 Subsection 17B-2a-807 (2) prior to April 1, 2009, shall be extended by two years from the
330 original date of appointment if the member is not ineligible for reappointment under
331 Subsection (3).
332 (3) A member appointed to a board of trustees in accordance with Subsection
333 17B-2a-807 (2) prior to April 1, 2009, is not eligible for reappointment to serve on the board of
334 trustees upon expiration of the member's existing term if:
335 (a) (i) the appointing entity that appointed the member has appointed more than one

336 member to the board of trustees that are locally elected public officials and the locally elected
337 public officials are serving concurrently on the board of trustees;
338 (ii) the member is a locally elected public official that holds an elected position with a
339 municipality; and
340 (iii) the other member appointed by the appointing entity described in Subsection
341 (3)(a)(i) is a locally elected public official that holds an elected position with a county; or
342 (b) (i) the appointing entity that appointed the member:
343 (A) has appointed more than one member to the board of trustees; and
344 (B) does not have another member appointed by the appointing entity on the board of
345 trustees that is ineligible under Subsection (3)(a);
346 (C) the member has served more than six months on April 1, 2009; and
347 (D) the member has served the least amount of time on the board of trustees of all
348 members appointed by that appointing entity to the board of trustees that took the oath of office
349 prior to November 1, 2008.
350 Section 5. Section 17B-2a-825 is enacted to read:
351 17B-2a-825. Criminal background checks authorized -- Employment eligibility.
352 (1) A public transit district may require an individual described in Subsection (2) to:
353 (a) submit a fingerprint card in a form acceptable to the public transit district; and
354 (b) consent to a fingerprint background check by:
355 (i) the Utah Bureau of Criminal Identification; and
356 (ii) the Federal Bureau of Investigation.
357 (2) A person shall comply with the requirements of Subsection (1) if the person:
358 (a) is applying for or continuing employment with the public transit district:
359 (i) working in a safety-sensitive position or other position that may affect:
360 (A) the safety or well-being of patrons of the public transit district; or
361 (B) the safety or security of the transit buildings, stations, platforms, railways, bus
362 systems, and transit vehicles;
363 (ii) handling personally identifiable information, financial information, or other
364 sensitive information including personal health information;
365 (iii) working in security-sensitive areas; or
366 (iv) handling security-sensitive information, including information system

367 technologies; or
368 (b) is seeking access to designated security-sensitive areas.
369 (3) A public transit district may use the information obtained in accordance with this
370 section only for one or more of the following purposes:
371 (a) to determine whether or not an individual is convicted of:
372 (i) a felony under federal or state law;
373 (ii) a violation of a federal law, state law, or local ordinance concerning the sale,
374 manufacture, distribution, warehousing, adulteration, or transportation of an alcoholic
375 beverage;
376 (iii) a crime involving moral turpitude; or
377 (iv) two or more convictions for a violation of driving under the influence of alcohol,
378 any drug, or the combined influence of alcohol and any drug;
379 (b) to determine whether or not an individual has accurately disclosed the person's
380 criminal history on an application or document filed with the public transit district;
381 (c) to approve or deny an application for employment with the public transit district; or
382 (d) to take disciplinary action against an employee of the public transit district,
383 including possible termination of employment.
384 (4) A person is not eligible for employment with a public transit district in a capacity
385 described in Subsection (2) if the person has been convicted of any of the offenses described in
386 Subsection (3).
387 Section 6. Section 72-1-201 is amended to read:
388 72-1-201. Creation of Department of Transportation -- Functions, powers, duties,
389 rights, and responsibilities.
390 There is created the Department of Transportation which shall:
391 (1) have the general responsibility for planning, research, design, construction,
392 maintenance, security, and safety of state transportation systems;
393 (2) provide administration for state transportation systems and programs;
394 (3) implement the transportation policies of the state;
395 (4) plan, develop, construct, and maintain state transportation systems that are safe,
396 reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
397 industry;

398 (5) establish standards and procedures regarding the technical details of administration
399 of the state transportation systems as established by statute and administrative rule;
400 (6) advise the governor and the Legislature about state transportation systems needs;
401 (7) coordinate with utility companies for the reasonable, efficient, and cost-effective
402 installation, maintenance, operation, relocation, and upgrade of utilities within state highway
403 rights-of-way; [and]
404 (8) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
405 make policy and rules for the administration of the department, state transportation systems,
406 and programs[.]; and
407 (9) annually report to an appropriate legislative committee as designated by the
408 Legislative Management Committee the transfers that need to be made between all
409 transportation-related funds to maintain the state highway construction program as prioritized
410 by the commission.
411 Section 7. Section 72-1-301 is amended to read:
412 72-1-301. Transportation Commission created -- Members, appointment, terms --
413 Qualifications -- Pay and expenses -- Chair -- Quorum -- Surety bond.
414 (1) (a) There is created the Transportation Commission which shall consist of seven
415 members.
416 (b) The members of the commission shall be residents of Utah.
417 [(c) No more than four of the commissioners shall be members of any one political
418 party.]
419 (c) The members of the commission shall be selected on a nonpartisan basis.
420 (d) (i) The commissioners shall be appointed by the governor, with the consent of the
421 Senate, for a term of six years, beginning on April 1 of odd-numbered years, except as provided
422 under Subsection (1)(d)(ii).
423 (ii) The first two additional commissioners serving on the seven member commission
424 shall be appointed for terms of two years nine months and four years nine months, respectively,
425 initially commencing on July 1, 1996, and subsequently commencing as specified under
426 Subsection (1)(d)(i).
427 (e) The commissioners serve on a part-time basis.
428 (f) Each commissioner shall remain in office until a successor is appointed and

429 qualified.
430 (2) [The] (a) Except as provided in Subsection (2)(b), the selection of the
431 commissioners shall be as follows:
432 [(a)] (i) one commissioner from Box Elder, Cache, or Rich county;
433 [(b)] (ii) one commissioner from Salt Lake or Tooele county;
434 [(c)] (iii) one commissioner from Carbon, Emery, Grand, or San Juan county;
435 [(d)] (iv) one commissioner from Beaver, Garfield, Iron, Kane, Millard, Piute, Sanpete,
436 Sevier, Washington, or Wayne county;
437 [(e)] (v) one commissioner from Weber, Davis, or Morgan county;
438 [(f)] (vi) one commissioner from Juab, Utah, Wasatch, Duchesne, Summit, Uintah, or
439 Daggett county; and
440 [(g)] (vii) one commissioner selected from the state at large.
441 (b) Beginning with the appointment of commissioners on or after July 1, 2009 and
442 subject to the restriction in Subsection (2)(d), the selection of commissioners shall be as
443 follows:
444 (i) four commissioners with one commissioner selected from each of the four regions
445 established by the department; and
446 (ii) subject to the restriction in Subsection (2)(c), three commissioners selected from
447 the state at large.
448 (c) (i) At least one of the three commissioners appointed under Subsection (2)(b)(ii)
449 shall be selected from a rural county.
450 (ii) For purposes of this Subsection (2)(c), a rural county includes a county of the third,
451 fourth, fifth, or sixth class.
452 (d) No more than two commissioners appointed under Subsection (2)(b) may be
453 selected from any one of the four regions established by the department.
454 (3) (a) Members appointed before May 2, 1996, shall continue to receive the
455 compensation, per diem, expenses, and benefits they were receiving as of January 1, 1996.
456 (b) Members appointed after May 2, 1996, shall receive no compensation or benefits
457 for their services, but may receive per diem and expenses incurred in the performance of the
458 member's official duties at the rates established by the Division of Finance under Sections
459 63A-3-106 and 63A-3-107 .

460 (c) Members may decline to receive compensation, benefits, per diem, and expenses
461 for their service.
462 (4) (a) One member of the commission shall be designated by the governor as chair.
463 (b) The commission shall select one member as vice chair to act in the chair's absence.
464 (5) Any four commissioners constitute a quorum.
465 (6) (a) Each member of the commission shall qualify by:
466 (i) taking the constitutional oath of office; and
467 (ii) giving a surety bond.
468 (b) The Division of Finance of the Department of Administrative Services shall
469 determine the form and amount of the bond, and the state shall pay the bond premium.
470 Section 8. Section 72-1-303 is amended to read:
471 72-1-303. Duties of commission.
472 (1) The commission has the following duties:
473 [(1)] (a) determining priorities and funding levels of projects in the state transportation
474 systems for each fiscal year based on project lists compiled by the department;
475 [(2)] (b) determining additions and deletions to state highways under Chapter 4,
476 Designation of State Highways Act;
477 [(3)] (c) holding public hearings and otherwise providing for public input in
478 transportation matters;
479 [(4)] (d) making policies and rules in accordance with Title 63G, Chapter 3, Utah
480 Administrative Rulemaking Act, necessary to perform the commission's duties described under
481 this section;
482 [(5)] (e) in accordance with Section 63G-4-301 , reviewing orders issued by the
483 executive director in adjudicative proceedings held in accordance with Title 63G, Chapter 4,
484 Administrative Procedures Act;
485 [(6)] (f) advising the department in state transportation systems policy;
486 [(7)] (g) approving settlement agreements of condemnation cases subject to Section
487 63G-10-401 ;
488 [(8)] (h) in accordance with Section 17B-2a-807 , appointing a commissioner to serve
489 as a nonvoting, ex officio member or a voting member on the board of trustees of a public
490 transit district;

491 [(9)] (i) in accordance with Section 17B-2a-808 , reviewing, at least annually, the
492 short-term and long-range public transit plans; and
493 [(10)] (j) reviewing administrative rules made, amended, or repealed by the
494 department.
495 (2) (a) For projects prioritized with funding provided under Sections 72-2-124 and
496 72-2-125 , the commission shall annually report to a committee designated by the Legislative
497 Management Committee:
498 (i) a prioritized list of the new transportation capacity projects in the state
499 transportation system and the funding levels available for those projects; and
500 (ii) the unfunded highway construction and maintenance needs within the state.
501 (b) The committee designated by the Legislative Management Committee under
502 Subsection (2)(a) shall:
503 (i) review the list reported by the Transportation Commission; and
504 (ii) make a recommendation to the Legislature on:
505 (A) the amount of additional funding to allocate transportation; and
506 (B) the source of revenue for the additional funding allocation under Subsection
507 (2)(b)(ii)(A).
508 Section 9. Section 72-1-305 is amended to read:
509 72-1-305. Project selection using the written prioritization process -- Public
510 comment -- Report.
511 (1) Except as provided in Subsection (4), in determining priorities and funding levels
512 of projects in the state transportation system under Subsection 72-1-303 (1)(a) that are new
513 transportation capacity projects, the commission shall use the weighted criteria system adopted
514 in the written prioritization process under Section 72-1-304 .
515 (2) Prior to finalizing priorities and funding levels of projects in the state transportation
516 system, the commission shall conduct public hearings at locations around the state and accept
517 public comments on:
518 (a) the written prioritization process;
519 (b) the merits of new transportation capacity projects that will be prioritized under this
520 section; and
521 (c) the merits of new transportation capacity projects as recommended by a consensus

522 of local elected officials participating in a metropolitan planning organization as defined in
523 Section 72-1-208.5 .
524 (3) The commission shall make the weighted criteria system ranking for each project
525 publicly available prior to the public hearings held under Subsection (2).
526 (4) (a) If the commission prioritizes a project over another project with a higher rank
527 under the weighted criteria system, the commission shall identify the change and accept public
528 comment at a hearing held under this section on the merits of prioritizing the project above
529 higher ranked projects.
530 (b) The commission shall make the reasons for the prioritization under Subsection
531 (4)(a) publicly available.
532 (5) The executive director or the executive director's designee shall report annually to
533 the governor and a committee designated by the Legislative Management Committee no later
534 than the last day of October:
535 (a) the projects prioritized under this section during the year prior to the report; and
536 (b) the status and progress of all projects prioritized under this section.
537 (6) (a) The department may not delay a new transportation capacity project that was
538 funded by the Legislature in an appropriations act to a different fiscal year than programmed by
539 the commission due to an unavoidable shortfall in revenues unless the project delays are
540 prioritized and approved by the Transportation Commission.
541 (b) The Transportation Commission shall prioritize and approve any new
542 transportation capacity project delays for projects that were funded by the Legislature in an
543 appropriations act due to an unavoidable shortfall in revenues.
544 Section 10. Section 72-2-125 is amended to read:
545 72-2-125. Critical Highway Needs Fund.
546 (1) There is created a restricted special revenue fund entitled the Critical Highway
547 Needs Fund.
548 (2) The fund consists of monies generated from the following sources:
549 (a) any voluntary contributions received for the maintenance, construction,
550 reconstruction, or renovation of state and federal highways;
551 (b) appropriations made to the fund by the Legislature; and
552 (c) the sales and use tax revenues deposited into the fund in accordance with Section

553 59-12-103 .
554 (3) (a) The fund shall earn interest.
555 (b) All interest earned on fund monies shall be deposited into the fund.
556 (4) (a) The executive director shall use monies deposited into the fund to pay:
557 (i) the costs of right-of-way acquisition, maintenance, construction, reconstruction, or
558 renovation to state and federal highways identified by the department and prioritized by the
559 commission in accordance with this Subsection (4); and
560 (ii) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101 .
561 (b) (i) The department shall:
562 (A) establish a complete list of projects to be maintained, constructed, reconstructed, or
563 renovated using the funding described in Subsection (4)(a) based on the following criteria:
564 (I) the highway construction project is a high priority project due to high growth in the
565 surrounding area;
566 (II) the highway construction project addresses critical access needs that have a high
567 impact due to commercial and energy development;
568 (III) the highway construction project mitigates congestion;
569 (IV) whether local matching funds are available for the highway construction project;
570 and
571 (V) the highway construction project is a critical alternative route for priority Interstate
572 15 reconstruction projects; and
573 (B) submit the list of projects to the commission for prioritization in accordance with
574 Subsection (4)(c).
575 (ii) A project that is included in the list under this Subsection (4):
576 (A) is not required to be currently listed in the statewide long-range plan; and
577 (B) is not required to be prioritized through the prioritization process for new
578 transportation capacity projects adopted under Section 72-1-304 .
579 (c) (i) The commission shall prioritize the project list submitted by the department in
580 accordance with Subsection (4)(b).
581 (ii) For projects prioritized under this Subsection (4)(c), the commission shall give
582 priority consideration to fully funding a project that meets the criteria under Subsection
583 (4)(b)(i)(A)(V).

584 (d) (i) Expenditures of bond proceeds issued in accordance with Section 63B-16-101
585 by the department for the construction of highway projects prioritized under this Subsection (4)
586 may not exceed $1,200,000,000.
587 (ii) Monies expended from the fund for principal, interest, and issuance costs of bonds
588 issued under Section 63B-16-101 are not considered expenditures for purposes of the
589 $1,200,000,000 cap under Subsection (4)(d)(i).
590 (e) (i) Before bonds authorized by Section 63B-16-101 may be issued in any fiscal
591 year, the department and the commission shall appear before the Executive Appropriations
592 Committee of the Legislature and present:
593 (A) the commission's current list of projects established and prioritized in accordance
594 with this Subsection (4); and
595 (B) the amount of bond proceeds that the department needs to provide funding for
596 projects on the project list prioritized in accordance with this Subsection (4) for the next fiscal
597 year.
598 (ii) The Executive Appropriations Committee of the Legislature shall review and
599 comment on the prioritized project list and the amount of bond proceeds needed to fund the
600 projects on the prioritized list.
601 (f) The Division of Finance shall, from monies deposited into the fund, transfer the
602 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
603 Section 63B-16-101 in the current fiscal year to the appropriate debt service or sinking fund.
604 (5) When the general obligation bonds authorized by Section 63B-16-101 have been
605 paid off and the highway projects completed that are included in the prioritized project list
606 under Subsection (4), the Division of Finance shall transfer any existing balance in the fund
607 into the Transportation Investment Fund of 2005 created by Section 72-2-124 .
608 (6) (a) The Division of Finance shall monitor the general obligation bonds authorized
609 by Section 63B-16-101 .
610 (b) The department shall monitor the highway construction or reconstruction projects
611 that are included in the prioritized project list under Subsection (4).
612 (c) Upon request by the Executive Appropriations Committee of the Legislature:
613 (i) the Division of Finance shall report to the committee the status of all general
614 obligation bonds issued under Section 63B-16-101 ; and

615 (ii) the department shall report to the committee the status of all highway construction
616 or reconstruction projects that are included in the prioritized project list under Subsection (4).
617 (d) When the Division of Finance has reported that the general obligation bonds issued
618 by Section 63B-16-101 have been paid off and the department has reported that projects
619 included in the prioritized project list are complete to the Executive Appropriations Committee
620 of the Legislature, the Division of Finance shall transfer any existing fund balance in
621 accordance with Subsection (5).
622 (7) (a) Unless prioritized and approved by the Transportation Commission, the
623 department may not delay a project prioritized under this section to a different fiscal year than
624 programmed by the commission due to an unavoidable shortfall in revenues if:
625 (i) the prioritized project was funded by the Legislature in an appropriations act; or
626 (ii) general obligation proceeds have been issued for the project in the current fiscal
627 year.
628 (b) For projects identified under Subsection (7)(a), the commission shall prioritize and
629 approve any project delays for projects prioritized under this section due to an unavoidable
630 shortfall in revenues if:
631 (i) the prioritized project was funded by the Legislature in an appropriations act; or
632 (ii) general obligation proceeds have been issued for the project in the current fiscal
633 year.
634 Section 11. Effective date.
635 (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2009.
636 (2) If approved by two-thirds of all the members elected to each house, the
637 amendments in Sections 17B-2a-802 , 17B-2a-807 , and 17B-2a-807.5 take effect upon approval
638 by the governor, or the day following the constitutional time limit of Utah Constitution Article
639 VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
640 override.