S.B. 134 Enrolled

1

TRANSPORTATION FUNDING AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen H. Urquhart
5 House Sponsor: John Dougall
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to state and local spending on certain transportation
10 projects.
11 Highlighted Provisions:
12 This bill:
13 . prohibits the state, counties, and municipalities from spending project-specific
14 funds allocated through a congressional authorization act for a transportation
15 project that is eligible for funds apportioned to the state in support of the statewide
16 transportation improvement program unless the specified project is included on the
17 statewide transportation improvement program.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 72-2-112, as renumbered and amended by Laws of Utah 1998, Chapter 270
25 ENACTS:
26 10-8-2.5, Utah Code Annotated 1953
27 17-50-327, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 10-8-2.5 is enacted to read:
31 10-8-2.5. Prohibition against spending certain transportation funds.
32 (1) As used in this section:
33 (a) "Apportioned" means divided or assigned among the states based on a prescribed
34 formula established in 23 U.S.C.
35 (b) "Authorization act" means an act of Congress enacted after July 1, 2009 that
36 authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C.
37 Sec. 9503.
38 (2) A municipality may not spend project-specific funds that are allocated through an
39 authorization act for a transportation-related project that is eligible for funds apportioned to
40 the state in support of the statewide transportation improvement program unless the specified
41 project is included on the statewide transportation improvement program.
42 Section 2. Section 17-50-327 is enacted to read:
43 17-50-327. Prohibition against spending certain transportation funds.
44 (1) As used in this section:
45 (a) "Apportioned" means divided or assigned among the states based on a prescribed
46 formula established in 23 U.S.C.
47 (b) "Authorization act" means an act of Congress enacted after July 1, 2009 that
48 authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C.
49 Sec. 9503.
50 (2) A county may not spend project-specific funds that are allocated through an
51 authorization act for a transportation-related project that is eligible for funds apportioned to
52 the state in support of the statewide transportation improvement program unless the specified
53 project is included on the statewide transportation improvement program.
54 Section 3. Section 72-2-112 is amended to read:
55 72-2-112. Transportation department authorized to participate in federal
56 program -- Prohibition against spending certain transportation funds.
57 (1) Notwithstanding any law to the contrary, the department is empowered to

58 participate in the deferred payment program authorized by Congress in Public Law 94-30.
59 (2) Any indebtedness incurred by the department under this section shall be paid from
60 state transportation funds as appropriated.
61 (3) (a) As used in this Subsection (3):
62 (i) "Apportioned" means divided or assigned among the states based on a prescribed
63 formula established in 23 U.S.C.
64 (ii) "Authorization act" means an act of Congress enacted after July 1, 2009 that
65 authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C.
66 Sec. 9503.
67 (b) The state, including any agency, department, or division of the state, may not
68 spend project-specific funds that are allocated through an authorization act for a
69 transportation-related project that is eligible for funds apportioned to the state in support of the
70 statewide transportation improvement program unless the specified project is included on the
71 statewide transportation improvement program.