S.B. 50

1

DEPARTMENT OF TRANSPORTATION LIABILITY
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Lyle W. Hillyard
6 House Sponsor: Derek E. Brown
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Transportation Code by amending provisions relating to the
11 Department of Transportation's duty for liability purposes.
12 Highlighted Provisions:
13 This bill:
14 . provides that the Department of Transportation shall exercise reasonable care in
15 designing, constructing, and maintaining a state highway in a reasonably safe
16 condition for travel;
17 . provides that nothing in the Department of Transportation's defined responsibilities
18 shall be construed as:
19 . creating a private right of action; or
20 . expanding or changing the department's common law duty for liability purposes;
21 and
22 . makes technical corrections.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 72-1-201, as last amended by Laws of Utah 2011, Chapter 66
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 72-1-201 is amended to read:
33 72-1-201. Creation of Department of Transportation -- Functions, powers, duties,
34 rights, and responsibilities.
35 (1) There is created the Department of Transportation which shall:
36 [(1)] (a) have the general responsibility for planning, research, design, construction,
37 maintenance, security, and safety of state transportation systems;
38 [(2)] (b) provide administration for state transportation systems and programs;
39 [(3)] (c) implement the transportation policies of the state;
40 [(4)] (d) plan, develop, construct, and maintain state transportation systems that are
41 safe, reliable, environmentally sensitive, and serve the needs of the traveling public, commerce,
42 and industry;
43 [(5)] (e) establish standards and procedures regarding the technical details of
44 administration of the state transportation systems as established by statute and administrative
45 rule;
46 [(6)] (f) advise the governor and the Legislature about state transportation systems
47 needs;
48 [(7)] (g) coordinate with utility companies for the reasonable, efficient, and
49 cost-effective installation, maintenance, operation, relocation, and upgrade of utilities within
50 state highway rights-of-way;
51 [(8)] (h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
52 Act, make policy and rules for the administration of the department, state transportation
53 systems, and programs; and
54 [(9)] (i) annually report to:
55 [(a)] (i) the Transportation Interim Committee, by November 30 of each year, as to the
56 operation and maintenance needs for highways; and
57 [(b)] (ii) an appropriate legislative committee as designated by the Legislative
58 Management Committee the transfers that need to be made between all transportation-related

59 funds to maintain the state highway construction program as prioritized by the commission.
60 (2) (a) The department shall exercise reasonable care in designing, constructing, and
61 maintaining a state highway in a reasonably safe condition for travel.
62 (b) Nothing in this section shall be construed as:
63 (i) creating a private right of action; or
64 (ii) expanding or changing the department's common law duty as described in
65 Subsection (2)(a) for liability purposes.




Legislative Review Note
as of 1-23-13 3:52 PM

Office of Legislative Research and General Counsel

[Bill Documents]