Representative Kay J. Christofferson proposes the following substitute bill:


1     
TRANSPORTATION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Kay J. Christofferson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to transportation, public transit, towing, and other
10     related items.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to the service of a member of the board of trustees of a
14     large public transit district;
15          ▸     modifies provisions related to the costs of repair or replacement of damaged public
16     property;
17          ▸     changes the rulemaking authority related to school bus safety from the Department
18     of Transportation to the Department of Public Safety;
19          ▸     allows the Department of Public Safety to issue a request for information to
20     evaluate options for creating a pilot program related to contracting with a towing
21     management company and requires the department to report to the Transportation
22     Interim Committee;
23          ▸     removes the requirement for certain vehicles transporting livestock to stop at a
24     port-of-entry;
25          ▸     amends provisions related to the use of certain funds for public transit projects that
26     increase capacity; and
27          ▸     makes technical changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          17B-2a-807.1, as last amended by Laws of Utah 2019, Chapter 479
35          17B-2a-808.1, as last amended by Laws of Utah 2020, Chapter 377
36          41-6a-409, as last amended by Laws of Utah 2017, Chapter 142
37          41-6a-1304, as last amended by Laws of Utah 2008, Chapter 382
38          63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
39          72-1-304, as last amended by Laws of Utah 2020, Chapter 377
40          72-2-121, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
41          72-2-124, as last amended by Laws of Utah 2020, Chapters 366 and 377
42          72-7-301, as renumbered and amended by Laws of Utah 1998, Chapter 270
43          72-9-501, as last amended by Laws of Utah 2008, Chapter 284
44          72-9-502, as last amended by Laws of Utah 2019, Chapter 251
45     ENACTS:
46          53-1-106.1, Utah Code Annotated 1953
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 17B-2a-807.1 is amended to read:
50          17B-2a-807.1. Large public transit district board of trustees -- Appointment --
51     Quorum -- Compensation -- Terms.
52          (1) (a) For a large public transit district, the board of trustees shall consist of three
53     members appointed as described in Subsection (1)(b).
54          (b) (i) The governor, with advice and consent of the Senate, shall appoint the members
55     of the board of trustees, making an appointment from nominations given from each region
56     created in Subsection (1)(b)(ii).
57          (ii) (A) Before creation of a large public transit district, the political subdivision or
58     subdivisions forming the large public transit district shall submit to the Legislature for approval
59     a proposal for the creation of three regions for nominating members to the board of trustees of
60     the large public transit district.
61          (B) For a large public transit district created after January 1, 2019, the Legislature, after
62     receiving and considering the proposal described in Subsection (1)(b)(ii)(A), shall designate
63     three regions for nominating members to the board of trustees of the large public transit
64     district, and further describe the process for nomination for appointment to the board of
65     trustees.
66          (c) Each nominee shall be a qualified executive with technical and administrative
67     experience and training appropriate for the position.
68          (d) The board of trustees of a large public transit district shall be full-time employees
69     of the public transit district.
70          (e) The compensation package for the board of trustees shall be determined by a local
71     advisory council as described in Section 17B-2a-808.2.
72          (f) (i) Subject to Subsection (1)(f)(iii), for a board of trustees of a large public transit
73     district, "quorum" means at least two members of the board of trustees.
74          (ii) Action by a majority of a quorum constitutes an action of the board of trustees.
75          (iii) A meeting of a quorum of the board of trustees of a large public transit district is
76     subject to Section 52-4-103 regarding convening of a three-member board of trustees and what
77     constitutes a public meeting.
78          (2) (a) Subject to Subsections (3), (4), and [(4)] (7), each member of the board of
79     trustees of a large public transit district shall serve for a term of four years.
80          (b) A member of the board of trustees may serve an unlimited number of terms.
81          (3) Each member of the board of trustees of a large public transit district shall serve at
82     the pleasure of the governor.
83          (4) The first time the board of trustees is appointed under this section, the governor
84     shall stagger the initial term of each of the members of the board of trustees as follows:
85          (a) one member of the board of trustees shall serve an initial term of two years;
86          (b) one member of the board of trustees shall serve an initial term of three years; and
87          (c) one member of the board of trustees shall serve an initial term of four years.
88          (5) The governor shall designate one member of the board of trustees as chair of the
89     board of trustees.
90          (6) (a) If a vacancy occurs, the nomination and appointment procedures to replace the
91     individual shall occur in the same manner described in Subsection (1) for the member creating
92     the vacancy.
93          (b) A replacement board member shall serve for the remainder of the unexpired term,
94     but may serve an unlimited number of terms as provided in Subsection (2)(b).
95          (c) If the nominating officials under Subsection (1) do not nominate to fill the vacancy
96     within 60 days, the governor shall appoint an individual to fill the vacancy.
97          (7) Each board of trustees member shall serve until a successor is duly nominated,
98     appointed, and qualified, unless the board of trustees member is removed from office or resigns
99     or otherwise leaves office.
100          Section 2. Section 17B-2a-808.1 is amended to read:
101          17B-2a-808.1. Large public transit district board of trustees powers and duties --
102     Adoption of ordinances, resolutions, or orders -- Effective date of ordinances.
103          (1) The powers and duties of a board of trustees of a large public transit district stated
104     in this section are in addition to the powers and duties stated in Section 17B-1-301.
105          (2) The board of trustees of each large public transit district shall:
106          (a) hold public meetings and receive public comment;
107          (b) ensure that the policies, procedures, and management practices established by the
108     public transit district meet state and federal regulatory requirements and federal grantee
109     eligibility;
110          (c) subject to Subsection (8), create and approve an annual budget, including the
111     issuance of bonds and other financial instruments, after consultation with the local advisory
112     council;
113          (d) approve any interlocal agreement with a local jurisdiction;
114          (e) in consultation with the local advisory council, approve contracts and overall
115     property acquisitions and dispositions for transit-oriented development;
116          (f) in consultation with constituent counties, municipalities, metropolitan planning
117     organizations, and the local advisory council:
118          (i) develop and approve a strategic plan for development and operations on at least a
119     four-year basis; and
120          (ii) create and pursue funding opportunities for transit capital and service initiatives to
121     meet anticipated growth within the public transit district;
122          (g) annually report the public transit district's long-term financial plan to the State
123     Bonding Commission;
124          (h) annually report the public transit district's progress and expenditures related to state
125     resources to the Executive Appropriations Committee and the Infrastructure and General
126     Government Appropriations Subcommittee;
127          (i) annually report to the Transportation Interim Committee the public transit district's
128     efforts to engage in public-private partnerships for public transit services;
129          [(j) (i) in partnership with the Department of Transportation, study and evaluate the
130     feasibility of a strategic transition of a large public transit district into a state entity; and]
131          [(ii) in partnership with the Department of Transportation, before November 30, 2019,
132     report on the progress of the study to the Transportation Interim Committee and the
133     Infrastructure and General Government Appropriations Subcommittee;]
134          [(k)] (j) hire, set salaries, and develop performance targets and evaluations for:
135          (i) the executive director; and
136          (ii) all chief level officers;
137          [(l)] (k) supervise and regulate each transit facility that the public transit district owns
138     and operates, including:
139          (i) fix rates, fares, rentals, charges and any classifications of rates, fares, rentals, and
140     charges; and
141          (ii) make and enforce rules, regulations, contracts, practices, and schedules for or in
142     connection with a transit facility that the district owns or controls;
143          [(m)] (l) subject to Subsection (4), control the investment of all funds assigned to the
144     district for investment, including funds:
145          (i) held as part of a district's retirement system; and
146          (ii) invested in accordance with the participating employees' designation or direction
147     pursuant to an employee deferred compensation plan established and operated in compliance
148     with Section 457 of the Internal Revenue Code;
149          [(n)] (m) in consultation with the local advisory council created under Section
150     17B-2a-808.2, invest all funds according to the procedures and requirements of Title 51,
151     Chapter 7, State Money Management Act;
152          [(o)] (n) if a custodian is appointed under Subsection (3)(d), and subject to Subsection
153     (4), pay the fees for the custodian's services from the interest earnings of the investment fund
154     for which the custodian is appointed;
155          [(p)] (o) (i) cause an annual audit of all public transit district books and accounts to be
156     made by an independent certified public accountant;
157          (ii) as soon as practicable after the close of each fiscal year, submit to each of the
158     councils of governments within the public transit district a financial report showing:
159          (A) the result of district operations during the preceding fiscal year;
160          (B) an accounting of the expenditures of all local sales and use tax revenues generated
161     under Title 59, Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act;
162          (C) the district's financial status on the final day of the fiscal year; and
163          (D) the district's progress and efforts to improve efficiency relative to the previous
164     fiscal year; and
165          (iii) supply copies of the report under Subsection [(2)(p)(ii)] (2)(o)(ii) to the general
166     public upon request;
167          [(q)] (p) report at least annually to the Transportation Commission created in Section
168     72-1-301, which report shall include:
169          (i) the district's short-term and long-range public transit plans, including the portions of
170     applicable regional transportation plans adopted by a metropolitan planning organization
171     established under 23 U.S.C. Sec. 134; and
172          (ii) any transit capital development projects that the board of trustees would like the
173     Transportation Commission to consider;
174          [(r)] (q) direct the internal auditor appointed under Section 17B-2a-810 to conduct
175     audits that the board of trustees determines, in consultation with the local advisory council
176     created in Section 17B-2a-808.2, to be the most critical to the success of the organization;
177          [(s)] (r) together with the local advisory council created in Section 17B-2a-808.2, hear
178     audit reports for audits conducted in accordance with Subsection [(2)(p)] (2)(o);
179          [(t)] (s) review and approve all contracts pertaining to reduced fares, and evaluate
180     existing contracts, including review of:
181          (i) how negotiations occurred;
182          (ii) the rationale for providing a reduced fare; and
183          (iii) identification and evaluation of cost shifts to offset operational costs incurred and
184     impacted by each contract offering a reduced fare;
185          [(u)] (t) in consultation with the local advisory council, develop and approve other
186     board policies, ordinances, and bylaws; and
187          [(v)] (u) review and approve any:
188          (i) contract or expense exceeding $200,000; or
189          (ii) proposed change order to an existing contract if the change order:
190          (A) increases the total contract value to $200,000 or more;
191          (B) increases a contract of or expense of $200,000 or more by 15% or more; or
192          (C) has a total change order value of $200,000 or more.
193          (3) A board of trustees of a large public transit district may:
194          (a) subject to Subsection (5), make and pass ordinances, resolutions, and orders that
195     are:
196          (i) not repugnant to the United States Constitution, the Utah Constitution, or the
197     provisions of this part; and
198          (ii) necessary for:
199          (A) the governance and management of the affairs of the district;
200          (B) the execution of district powers; and
201          (C) carrying into effect the provisions of this part;
202          (b) provide by resolution, under terms and conditions the board considers fit, for the
203     payment of demands against the district without prior specific approval by the board, if the
204     payment is:
205          (i) for a purpose for which the expenditure has been previously approved by the board;
206          (ii) in an amount no greater than the amount authorized; and
207          (iii) approved by the executive director or other officer or deputy as the board
208     prescribes;
209          (c) in consultation with the local advisory council created in Section 17B-2a-808.2:
210          (i) hold public hearings and subpoena witnesses; and
211          (ii) appoint district officers to conduct a hearing and require the officers to make
212     findings and conclusions and report them to the board; and
213          (d) appoint a custodian for the funds and securities under its control, subject to
214     Subsection [(2)(o)] (2)(n).
215          (4) For a large public transit district in existence as of May 8, 2018, on or before
216     September 30, 2019, the board of trustees of a large public transit district shall present a report
217     to the Transportation Interim Committee regarding retirement benefits of the district, including:
218          (a) the feasibility of becoming a participating employer and having retirement benefits
219     of eligible employees and officials covered in applicable systems and plans administered under
220     Title 49, Utah State Retirement and Insurance Benefit Act;
221          (b) any legal or contractual restrictions on any employees that are party to a collectively
222     bargained retirement plan; and
223          (c) a comparison of retirement plans offered by the large public transit district and
224     similarly situated public employees, including the costs of each plan and the value of the
225     benefit offered.
226          (5) The board of trustees may not issue a bond unless the board of trustees has
227     consulted and received approval from the State Bonding Commission created in Section
228     63B-1-201.
229          (6) A member of the board of trustees of a large public transit district or a hearing
230     officer designated by the board may administer oaths and affirmations in a district investigation
231     or proceeding.
232          (7) (a) The vote of the board of trustees on each ordinance or resolution shall be by roll
233     call vote with each affirmative and negative vote recorded.
234          (b) The board of trustees of a large public transit district may not adopt an ordinance
235     unless it is introduced at least 24 hours before the board of trustees adopts it.
236          (c) Each ordinance adopted by a large public transit district's board of trustees shall
237     take effect upon adoption, unless the ordinance provides otherwise.
238          (8) (a) For a large public transit district in existence on May 8, 2018, for the budget for
239     calendar year 2019, the board in place on May 8, 2018, shall create the tentative annual budget.
240          (b) The budget described in Subsection (8)(a) shall include setting the salary of each of
241     the members of the board of trustees that will assume control on or before November 1, 2018,
242     which salary may not exceed $150,000, plus additional retirement and other standard benefits,
243     as set by the local advisory council as described in Section 17B-2a-808.2.
244          (c) For a large public transit district in existence on May 8, 2018, the board of trustees
245     that assumes control of the large public transit district on or before November 2, 2018, shall
246     approve the calendar year 2019 budget on or before December 31, 2018.
247          Section 3. Section 41-6a-409 is amended to read:
248          41-6a-409. Prohibition of flat response fee for motor vehicle accident.
249          (1) As used in this section, "government entity" means the Department of
250     Transportation, the Utah Highway Patrol Division, or a local government entity or agency.
251          (2) A government entity:
252          (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
253     motor vehicle accident; and
254          (b) may only charge the individual for the actual cost or a reasonable estimate of the
255     cost of services provided in responding to the motor vehicle accident, limited to:
256          (i) medical costs for transporting an individual from the scene of a motor vehicle
257     accident or treating a person injured in a motor vehicle accident;
258          (ii) subject to Subsection (6), the cost for repair [to] or replacement of damaged public
259     property, if the individual is legally liable for the damage;
260          (iii) the cost of materials used in cleaning up the motor vehicle accident, if the
261     individual is legally liable for the motor vehicle accident; and
262          (iv) towing costs.
263          (3) If a government entity imposes a charge on more than one individual for the actual
264     cost or a reasonable estimate of the cost of responding to a motor vehicle accident, the
265     government entity shall apportion the charges so that the government entity does not receive
266     more for responding to the motor vehicle accident than the actual response cost or a reasonable
267     estimate of the cost.
268          (4) Nothing in this section prohibits a government entity from contracting with an
269     independent contractor to recover costs related to damage to public property.
270          (5) If a government entity enters into a contract with an independent contractor to
271     recover costs related to damage to public property, the government entity may only pay the
272     independent contractor out of any recovery received from the person who caused the damage or
273     the responsible party.
274          (6) (a) The costs of repair or replacement of damaged public property described in
275     Subsection (2)(b)(ii) include the full cost to:
276          (i) repair the damaged public property; or
277          (ii) replace the damaged public property with a replacement that is functionally
278     equivalent to the property that was damaged.
279          (b) Except for the replacement of a damaged motor vehicle, the costs described in
280     Subsection (6)(a) may not be reduced based on the depreciated value of the damaged public
281     property at the time the damage occurs.
282          Section 4. Section 41-6a-1304 is amended to read:
283          41-6a-1304. School buses -- Rules regarding design and operation.
284          (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
285     the Department of [Transportation by and] Public Safety, with the advice of the State Board of
286     Education [and the Department of Public Safety], shall adopt and enforce rules, not
287     inconsistent with this chapter, to govern the design and operation of all school buses in this
288     state when:
289          (i) owned and operated by any school district;
290          (ii) privately owned and operated under contract with a school district; or
291          (iii) privately owned for use by a private school.
292          (b) The rules under this Subsection (1) shall by reference be made a part of any
293     contract with a school district or private school to operate a school bus.
294          (2) Every school district or private school, its officers and employees, and every person
295     employed under contract by a school district or private school shall be subject to the rules
296     under Subsection (1).
297          Section 5. Section 53-1-106.1 is enacted to read:
298          53-1-106.1. Public-private partnership for tow rotation services.
299          (1) The department may issue a request for information under Section 63G-6a-409 to
300     evaluate the availability of vendors, products, and technology capable of increasing efficiency,
301     effectiveness, and transparency in the dispatching of towing providers and management of
302     towing rotations in areas of high volume and urban traffic that experience high demand for tow
303     truck services.
304          (2) The department shall evaluate responses to a request for information described in
305     Subsection (1) for:
306          (a) the following requirements and capabilities:
307          (i) decreasing delays associated with requesting and dispatching a tow truck motor
308     carrier from an established tow rotation;
309          (ii) increasing information, transparency, and data collection associated with tow
310     rotation operations, including dispatching, response time, completion, clearance, and storage;
311     and
312          (iii) increasing responder and traffic safety by reducing secondary crashes, responder
313     time on scene, and the impacts of traffic accidents on traffic flow and safety; and
314          (b) costs and distribution of costs for the implementation of product programs,
315     equipment, technology, and other requirements.
316          (3) (a) The department shall report the department's findings and evaluation of any
317     request for information described in Subsection (1) to the Transportation Interim Committee no
318     later than November 30, 2021.
319          (b) Upon receipt of a report described in Subsection (3)(a), the Transportation Interim
320     Committee shall:
321          (i) review the department's evaluation of the responses to the request for information in
322     accordance with Subsection (2); and
323          (ii) if the Transportation Interim Committee determines appropriate, recommend
324     legislation that creates a pilot program for a public-private partnership related to towing
325     rotation management.
326          Section 6. Section 63I-2-253 is amended to read:
327          63I-2-253. Repeal dates -- Titles 53 through 53G.
328          (1) Section 53-1-106.1 is repealed January 1, 2022.
329          [(1)] (2) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
330     emergency, is repealed on December 31, 2021.
331          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
332     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
333     necessary changes to subsection numbering and cross references.
334          [(2)] (3) Section 53B-2a-103 is repealed July 1, 2021.
335          [(3)] (4) Section 53B-2a-104 is repealed July 1, 2021.
336          [(4)] (5) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
337     technical college board of trustees, is repealed July 1, 2022.
338          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
339     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
340     necessary changes to subsection numbering and cross references.
341          [(5)] (6) Section 53B-6-105.7 is repealed July 1, 2024.
342          [(6)] (7) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as
343     provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
344          (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
345     change in performance with the technical college's average performance, is repealed July 1,
346     2021.
347          [(7)] (8) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as
348     provided in Subsection (3)(b)," is repealed July 1, 2021.
349          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
350     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
351          [(8)] (9) Section 53B-8-114 is repealed July 1, 2024.
352          [(9)] (10) (a) The following sections, regarding the Regents' scholarship program, are
353     repealed on July 1, 2023:
354          (i) Section 53B-8-202;
355          (ii) Section 53B-8-203;
356          (iii) Section 53B-8-204; and
357          (iv) Section 53B-8-205.
358          (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
359     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
360          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
361     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
362     necessary changes to subsection numbering and cross references.
363          [(10)] (11) Section 53B-10-101 is repealed on July 1, 2027.
364          [(11)] (12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
365     is repealed July 1, 2023.
366          [(12)] (13) Section 53E-3-519 regarding school counselor services is repealed July 1,
367     2020.
368          [(13)] (14) Section 53E-3-520 is repealed July 1, 2021.
369          [(14)] (15) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school
370     performance and continued funding relating to the School Recognition and Reward Program, is
371     repealed July 1, 2020.
372          [(15)] (16) Section 53E-5-307 is repealed July 1, 2020.
373          [(16)] (17) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
374     July 1, 2024.
375          [(17)] (18) In Subsections 53F-2-205(4) and (5), regarding the State Board of
376     Education's duties if contributions from the minimum basic tax rate are overestimated or
377     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
378     2023.
379          [(18)] (19) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
380     repealed July 1, 2023.
381          [(19)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
382     applicable" is repealed July 1, 2023.
383          [(20)] (21) Section 53F-4-207 is repealed July 1, 2022.
384          [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
385     applicable" is repealed July 1, 2023.
386          [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
387     applicable" is repealed July 1, 2023.
388          [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
389     applicable" is repealed July 1, 2023.
390          [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
391     as applicable" is repealed July 1, 2023.
392          [(25)] (26) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(7),
393     related to the civics engagement pilot program, are repealed on July 1, 2023.
394          [(26)] (27) On July 1, 2023, when making changes in this section, the Office of
395     Legislative Research and General Counsel shall, in addition to the office's authority under
396     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
397     identified in this section are complete sentences and accurately reflect the office's perception of
398     the Legislature's intent.
399          Section 7. Section 72-1-304 is amended to read:
400          72-1-304. Written project prioritization process for new transportation capacity
401     projects -- Rulemaking.
402          (1) (a) The Transportation Commission, in consultation with the department and the
403     metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written
404     prioritization process for the prioritization of:
405          (i) new transportation capacity projects that are or will be part of the state highway
406     system under Chapter 4, Part 1, State Highways;
407          (ii) paved pedestrian or paved nonmotorized transportation projects that:
408          (A) mitigate traffic congestion on the state highway system; and
409          (B) are part of an active transportation plan approved by the department;
410          (iii) public transit projects that directly add capacity to the public transit systems within
411     the state, not including facilities ancillary to the public transit system; and
412          (iv) pedestrian or nonmotorized transportation projects that provide connection to a
413     public transit system.
414          (b) (i) A local government or district may nominate a project for prioritization in
415     accordance with the process established by the commission in rule.
416          (ii) If a local government or district nominates a project for prioritization by the
417     commission, the local government or district shall provide data and evidence to show that:
418          (A) the project will advance the purposes and goals described in Section 72-1-211;
419          (B) for a public transit project, the local government or district has an ongoing funding
420     source for operations and maintenance of the proposed development; and
421          (C) the local government or district will provide 40% of the costs for the project as
422     required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(9)(e).
423          (2) The following shall be included in the written prioritization process under
424     Subsection (1):
425          (a) a description of how the strategic initiatives of the department adopted under
426     Section 72-1-211 are advanced by the written prioritization process;
427          (b) a definition of the type of projects to which the written prioritization process
428     applies;
429          (c) specification of a weighted criteria system that is used to rank proposed projects
430     and how it will be used to determine which projects will be prioritized;
431          (d) specification of the data that is necessary to apply the weighted ranking criteria; and
432          (e) any other provisions the commission considers appropriate, which may include
433     consideration of:
434          (i) regional and statewide economic development impacts, including improved local
435     access to:
436          (A) employment;
437          (B) educational facilities;
438          (C) recreation;
439          (D) commerce; and
440          (E) residential areas, including moderate income housing as demonstrated in the local
441     government's or district's general plan pursuant to Section 10-9a-403 or 17-27a-403;
442          (ii) the extent to which local land use plans relevant to a project support and
443     accomplish the strategic initiatives adopted under Section 72-1-211; and
444          (iii) any matching funds provided by a political subdivision or public transit district in
445     addition to the 40% required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(9)(e).
446          (3) (a) When prioritizing a public transit project that increases capacity, the
447     commission may give priority consideration to projects that are part of a transit-oriented
448     development or transit-supportive development as defined in Section 17B-2a-802.
449          (b) When prioritizing a public transit or transportation project that increases capacity,
450     the commission may give priority consideration to projects that are part of a transportation
451     reinvestment zone created under Section 11-13-227 if:
452          (i) the state is a participant in the transportation reinvestment zone; or
453          (ii) the commission finds that the transportation reinvestment zone provides a benefit
454     to the state transportation system.
455          (4) In developing the written prioritization process, the commission:
456          (a) shall seek and consider public comment by holding public meetings at locations
457     throughout the state; and
458          (b) may not consider local matching dollars as provided under Section 72-2-123 unless
459     the state provides an equal opportunity to raise local matching dollars for state highway
460     improvements within each county.
461          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
462     Transportation Commission, in consultation with the department, shall make rules establishing
463     the written prioritization process under Subsection (1).
464          (6) The commission shall submit the proposed rules under this section to a committee
465     or task force designated by the Legislative Management Committee for review prior to taking
466     final action on the proposed rules or any proposed amendment to the rules described in
467     Subsection (5).
468          Section 8. Section 72-2-121 is amended to read:
469          72-2-121. County of the First Class Highway Projects Fund.
470          (1) There is created a special revenue fund within the Transportation Fund known as
471     the "County of the First Class Highway Projects Fund."
472          (2) The fund consists of money generated from the following revenue sources:
473          (a) any voluntary contributions received for new construction, major renovations, and
474     improvements to highways within a county of the first class;
475          (b) the portion of the sales and use tax described in Subsection 59-12-2214(3)(b)
476     deposited in or transferred to the fund;
477          (c) the portion of the sales and use tax described in Section 59-12-2217 deposited in or
478     transferred to the fund; and
479          (d) a portion of the local option highway construction and transportation corridor
480     preservation fee imposed in a county of the first class under Section 41-1a-1222 deposited in or
481     transferred to the fund.
482          (3) (a) The fund shall earn interest.
483          (b) All interest earned on fund money shall be deposited into the fund.
484          (4) The executive director shall use the fund money only:
485          (a) to pay debt service and bond issuance costs for bonds issued under Sections
486     63B-16-102, 63B-18-402, and 63B-27-102;
487          (b) for right-of-way acquisition, new construction, major renovations, and
488     improvements to highways within a county of the first class and to pay any debt service and
489     bond issuance costs related to those projects, including improvements to a highway located
490     within a municipality in a county of the first class where the municipality is located within the
491     boundaries of more than a single county;
492          (c) for the construction, acquisition, use, maintenance, or operation of:
493          (i) an active transportation facility for nonmotorized vehicles;
494          (ii) multimodal transportation that connects an origin with a destination; or
495          (iii) a facility that may include a:
496          (A) pedestrian or nonmotorized vehicle trail;
497          (B) nonmotorized vehicle storage facility;
498          (C) pedestrian or vehicle bridge; or
499          (D) vehicle parking lot or parking structure;
500          (d) to transfer to the 2010 Salt Lake County Revenue Bond Sinking Fund created by
501     Section 72-2-121.3 the amount required in Subsection 72-2-121.3(4)(c) minus the amounts
502     transferred in accordance with Subsection 72-2-124(4)(a)(iv);
503          (e) for a fiscal year beginning on or after July 1, 2013, to pay debt service and bond
504     issuance costs for $30,000,000 of the bonds issued under Section 63B-18-401 for the projects
505     described in Subsection 63B-18-401(4)(a);
506          (f) for a fiscal year beginning on or after July 1, 2013, and after the department has
507     verified that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund, to
508     transfer an amount equal to 50% of the revenue generated by the local option highway
509     construction and transportation corridor preservation fee imposed under Section 41-1a-1222 in
510     a county of the first class:
511          (i) to the legislative body of a county of the first class; and
512          (ii) to be used by a county of the first class for:
513          (A) highway construction, reconstruction, or maintenance projects; or
514          (B) the enforcement of state motor vehicle and traffic laws;
515          (g) for fiscal year 2015-16 only, and after the department has verified that the amount
516     required under Subsection 72-2-121.3(4)(c) is available in the fund and the transfer under
517     Subsection (4)(e) has been made, to transfer an amount equal to $25,000,000:
518          (i) to the legislative body of a county of the first class; and
519          (ii) to be used by the county for the purposes described in this section;
520          (h) for a fiscal year beginning on or after July 1, 2015, after the department has verified
521     that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and the
522     transfer under Subsection (4)(e) has been made, to annually transfer an amount equal to up to
523     42.5% of the sales and use tax revenue imposed in a county of the first class and deposited into
524     the fund in accordance with Subsection 59-12-2214(3)(b) to:
525          (i) the appropriate debt service or sinking fund for the repayment of bonds issued under
526     Section 63B-27-102; and
527          (ii) the Transportation Fund created in Section 72-2-102 until $28,079,000 has been
528     deposited into the Transportation Fund;
529          (i) for a fiscal year beginning on or after July 1, 2018, after the department has verified
530     that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after
531     the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers
532     under Subsections (4)(h)(i) and (ii) have been made, to annually transfer 20% of the amount
533     deposited into the fund under Subsection (2)(b) to a public transit district in a county of the
534     first class to fund a system for public transit;
535          (j) for a fiscal year beginning on or after July 1, 2018, after the department has verified
536     that the amount required under Subsection 72-2-121.3(4)(c) is available in the fund and after
537     the transfer under Subsection (4)(d), the payment under Subsection (4)(e), and the transfers
538     under Subsections (4)(h)(i) and (ii) have been made, to annually transfer 20% of the amount
539     deposited into the fund under Subsection (2)(b):
540          (i) to the legislative body of a county of the first class; and
541          (ii) to fund parking facilities in a county of the first class that facilitate significant
542     economic development and recreation and tourism within the state;
543          (k) for the 2018-19 fiscal year only, after the department has verified that the amount
544     required under Subsection 72-2-121.3(4)(c) is available in the fund and after the transfer under
545     Subsection (4)(d), the payment under Subsection (4)(e), and the transfers under Subsections
546     (4)(h), (i), and (j) have been made, to transfer $12,000,000 to the department to distribute for
547     the following projects:
548          (i) $2,000,000 to West Valley City for highway improvement to 4100 South;
549          (ii) $1,000,000 to Herriman for highway improvements to Herriman Boulevard from
550     6800 West to 7300 West;
551          (iii) $1,100,000 to South Jordan for highway improvements to Grandville Avenue;
552          (iv) $1,800,000 to Riverton for highway improvements to Old Liberty Way from 13400
553     South to 13200 South;
554          (v) $1,000,000 to Murray City for highway improvements to 5600 South from State
555     Street to Van Winkle;
556          (vi) $1,000,000 to Draper for highway improvements to Lone Peak Parkway from
557     11400 South to 12300 South;
558          (vii) $1,000,000 to Sandy City for right-of-way acquisition for Monroe Street;
559          (viii) $900,000 to South Jordan City for right-of-way acquisition and improvements to
560     10200 South from 2700 West to 3200 West;
561          (ix) $1,000,000 to West Jordan for highway improvements to 8600 South near
562     Mountain View Corridor;
563          (x) $700,000 to South Jordan right-of-way improvements to 10550 South; and
564          (xi) $500,000 to Salt Lake County for highway improvements to 2650 South from
565     7200 West to 8000 West; and
566          (l) for a fiscal year beginning after the amount described in Subsection (4)(h) has been
567     repaid to the Transportation Fund until fiscal year 2030, or sooner if the amount described in
568     Subsection (4)(h)(ii) has been repaid, after the department has verified that the amount required
569     under Subsection 72-2-121.3(4)(c) is available in the fund and the transfer under Subsection
570     (4)(e) has been made, and after the bonds under Section 63B-27-102 have been repaid, to
571     annually transfer an amount equal to up to 42.5% of the sales and use tax revenue imposed in a
572     county of the first class and deposited into the fund in accordance with Subsection
573     59-12-2214(3)(b):
574          (i) to the legislative body of a county of the first class; and
575          (ii) to be used by the county for the purposes described in this section.
576          (5) The revenues described in Subsections (2)(b), (c), and (d) that are deposited in the
577     fund and bond proceeds from bonds issued under Sections 63B-16-102, 63B-18-402, and
578     63B-27-102 are considered a local matching contribution for the purposes described under
579     Section 72-2-123.
580          (6) The additional administrative costs of the department to administer this fund shall
581     be paid from money in the fund.
582          (7) Notwithstanding any statutory or other restrictions on the use or expenditure of the
583     revenue sources deposited into this fund, the Department of Transportation may use the money
584     in this fund for any of the purposes detailed in Subsection (4).
585          (8) (a) For a fiscal year beginning on or after July 1, 2018, at the end of each fiscal
586     year, after all programmed payments and transfers authorized or required under this section
587     have been made, on November 30 the department shall transfer the remainder of the money in
588     the fund to the Transportation Fund to reduce the amount owed to the Transportation Fund
589     under Subsection [(4)(j)(ii)] (4)(h)(ii).
590          (b) The department shall provide notice to a county of the first class of the amount
591     transferred in accordance with this Subsection (8).
592          (9) (a) Any revenue in the fund that is not specifically allocated and obligated under
593     Subsections (4) through (8) is subject to the review process described in this Subsection (9).
594          (b) A county of the first class shall create a county transportation advisory committee
595     as described in Subsection (9)(c) to review proposed transportation and, as applicable, public
596     transit projects and rank projects for allocation of funds.
597          (c) The county transportation advisory committee described in Subsection (9)(b) shall
598     be composed of the following 13 members:
599          (i) six members who are residents of the county, nominated by the county executive
600     and confirmed by the county legislative body who are:
601          (A) members of a local advisory council of a large public transit district as defined in
602     Section 17B-2a-802;
603          (B) county council members; or
604          (C) other residents with expertise in transportation planning and funding; and
605          (ii) seven members nominated by the county executive, and confirmed by the county
606     legislative body, chosen from mayors or managers of cities or towns within the county.
607          (d) (i) A majority of the members of the county transportation advisory committee
608     constitutes a quorum.
609          (ii) The action by a quorum of the county transportation advisory committee constitutes
610     an action by the county transportation advisory committee.
611          (e) The county body shall determine:
612          (i) the length of a term of a member of the county transportation advisory committee;
613          (ii) procedures and requirements for removing a member of the county transportation
614     advisory committee;
615          (iii) voting requirements of the county transportation advisory committee;
616          (iv) chairs or other officers of the county transportation advisory committee;
617          (v) how meetings are to be called and the frequency of meetings, but not less than once
618     annually; and
619          (vi) the compensation, if any, of members of the county transportation advisory
620     committee.
621          (f) The county shall establish by ordinance criteria for prioritization and ranking of
622     projects, which may include consideration of regional and countywide economic development
623     impacts, including improved local access to:
624          (i) employment;
625          (ii) recreation;
626          (iii) commerce; and
627          (iv) residential areas.
628          (g) The county transportation advisory committee shall evaluate and rank each
629     proposed public transit project and regionally significant transportation facility according to
630     criteria developed pursuant to Subsection (9)(f).
631          (h) (i) After the review and ranking of each project as described in this section, the
632     county transportation advisory committee shall provide a report and recommend the ranked list
633     of projects to the county legislative body and county executive.
634          (ii) After review of the recommended list of projects, as part of the county budgetary
635     process, the county executive shall review the list of projects and may include in the proposed
636     budget the proposed projects for allocation, as funds are available.
637          (i) The county executive of the county of the first class, with information provided by
638     the county and relevant state entities, shall provide a report annually to the county
639     transportation advisory committee, and to the mayor or manager of each city, town, or metro
640     township in the county, including the following:
641          (i) the amount of revenue received into the fund during the past year;
642          (ii) any funds available for allocation;
643          (iii) funds obligated for debt service; and
644          (iv) the outstanding balance of transportation-related debt.
645          (10) As resources allow, the department shall study in 2020 transportation connectivity
646     in the southwest valley of Salt Lake County, including the feasibility of connecting major
647     east-west corridors to U-111.
648          Section 9. Section 72-2-124 is amended to read:
649          72-2-124. Transportation Investment Fund of 2005.
650          (1) There is created a capital projects fund entitled the Transportation Investment Fund
651     of 2005.
652          (2) The fund consists of money generated from the following sources:
653          (a) any voluntary contributions received for the maintenance, construction,
654     reconstruction, or renovation of state and federal highways;
655          (b) appropriations made to the fund by the Legislature;
656          (c) registration fees designated under Section 41-1a-1201;
657          (d) the sales and use tax revenues deposited into the fund in accordance with Section
658     59-12-103; and
659          (e) revenues transferred to the fund in accordance with Section 72-2-106.
660          (3) (a) The fund shall earn interest.
661          (b) All interest earned on fund money shall be deposited into the fund.
662          (4) (a) Except as provided in Subsection (4)(b), the executive director may only use
663     fund money to pay:
664          (i) the costs of maintenance, construction, reconstruction, or renovation to state and
665     federal highways prioritized by the Transportation Commission through the prioritization
666     process for new transportation capacity projects adopted under Section 72-1-304;
667          (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
668     projects described in Subsections 63B-18-401(2), (3), and (4);
669          (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
670     minus the costs paid from the County of the First Class Highway Projects Fund in accordance
671     with Subsection 72-2-121(4)(e);
672          (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
673     Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
674     by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
675     debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
676          (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
677     for projects prioritized in accordance with Section 72-2-125;
678          (vi) all highway general obligation bonds that are intended to be paid from revenues in
679     the Centennial Highway Fund created by Section 72-2-118;
680          (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
681     Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
682     in Section 72-2-121; and
683          (viii) if a political subdivision provides a contribution equal to or greater than 40% of
684     the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
685     nonmotorized transportation for projects that:
686          (A) mitigate traffic congestion on the state highway system;
687          (B) are part of an active transportation plan approved by the department; and
688          (C) are prioritized by the commission through the prioritization process for new
689     transportation capacity projects adopted under Section 72-1-304.
690          (b) The executive director may use fund money to exchange for an equal or greater
691     amount of federal transportation funds to be used as provided in Subsection (4)(a).
692          (5) (a) Except as provided in Subsection (5)(b), the executive director may not program
693     fund money to a project prioritized by the commission under Section 72-1-304, including fund
694     money from the Transit Transportation Investment Fund, within the boundaries of a
695     municipality that is required to adopt a moderate income housing plan element as part of the
696     municipality's general plan as described in Subsection 10-9a-401(3), if the municipality has
697     failed to adopt a moderate income housing plan element as part of the municipality's general
698     plan or has failed to implement the requirements of the moderate income housing plan as
699     determined by the results of the Department of Workforce Service's review of the annual
700     moderate income housing report described in Subsection 35A-8-803(1)(a)(vii).
701          (b) Within the boundaries of a municipality that is required under Subsection
702     10-9a-401(3) to plan for moderate income housing growth but has failed to adopt a moderate
703     income housing plan element as part of the municipality's general plan or has failed to
704     implement the requirements of the moderate income housing plan as determined by the results
705     of the Department of Workforce Service's review of the annual moderate income housing
706     report described in Subsection 35A-8-803(1)(a)(vii), the executive director:
707          (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
708     facility or interchange connecting limited-access facilities;
709          (ii) may not program fund money for the construction, reconstruction, or renovation of
710     an interchange on a limited-access facility;
711          (iii) may program Transit Transportation Investment Fund money for a
712     multi-community fixed guideway public transportation project; and
713          (iv) may not program Transit Transportation Investment Fund money for the
714     construction, reconstruction, or renovation of a station that is part of a fixed guideway public
715     transportation project.
716          (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
717     director before May 1, 2020, for projects prioritized by the commission under Section
718     72-1-304.
719          (6) (a) Except as provided in Subsection (6)(b), the executive director may not program
720     fund money to a project prioritized by the commission under Section 72-1-304, including fund
721     money from the Transit Transportation Investment Fund, within the boundaries of the
722     unincorporated area of a county, if the county is required to adopt a moderate income housing
723     plan element as part of the county's general plan as described in Subsection 17-27a-401(3) and
724     if the county has failed to adopt a moderate income housing plan element as part of the county's
725     general plan or has failed to implement the requirements of the moderate income housing plan
726     as determined by the results of the Department of Workforce Service's review of the annual
727     moderate income housing report described in Subsection 35A-8-803(1)(a)(vii).
728          (b) Within the boundaries of the unincorporated area of a county where the county is
729     required under Subsection 17-27a-401(3) to plan for moderate income housing growth but has
730     failed to adopt a moderate income housing plan element as part of the county's general plan or
731     has failed to implement the requirements of the moderate income housing plan as determined
732     by the results of the Department of Workforce Service's review of the annual moderate income
733     housing report described in Subsection 35A-8-803(1)(a)(vii), the executive director:
734          (i) may program fund money in accordance with Subsection (4)(a) for a limited-access
735     facility to a project prioritized by the commission under Section 72-1-304;
736          (ii) may not program fund money for the construction, reconstruction, or renovation of
737     an interchange on a limited-access facility;
738          (iii) may program Transit Transportation Investment Fund money for a
739     multi-community fixed guideway public transportation project; and
740          (iv) may not program Transit Transportation Investment Fund money for the
741     construction, reconstruction, or renovation of a station that is part of a fixed guideway public
742     transportation project.
743          (c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
744     director before July 1, 2020, for projects prioritized by the commission under Section 72-1-304.
745          (7) (a) Before bonds authorized by Section 63B-18-401 or 63B-27-101 may be issued
746     in any fiscal year, the department and the commission shall appear before the Executive
747     Appropriations Committee of the Legislature and present the amount of bond proceeds that the
748     department needs to provide funding for the projects identified in Subsections 63B-18-401(2),
749     (3), and (4) or Subsection 63B-27-101(2) for the current or next fiscal year.
750          (b) The Executive Appropriations Committee of the Legislature shall review and
751     comment on the amount of bond proceeds needed to fund the projects.
752          (8) The Division of Finance shall, from money deposited into the fund, transfer the
753     amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
754     Section 63B-18-401 or 63B-27-101 in the current fiscal year to the appropriate debt service or
755     sinking fund.
756          (9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
757     Transportation Investment Fund.
758          (b) The fund shall be funded by:
759          (i) contributions deposited into the fund in accordance with Section 59-12-103;
760          (ii) appropriations into the account by the Legislature;
761          (iii) private contributions; and
762          (iv) donations or grants from public or private entities.
763          (c) (i) The fund shall earn interest.
764          (ii) All interest earned on fund money shall be deposited into the fund.
765          (d) Subject to Subsection (9)(e), the Legislature may appropriate money from the fund
766     for public transit capital development of new capacity projects to be used as prioritized by the
767     commission through the prioritization process adopted under Section 72-1-304.
768          (e) (i) The Legislature may only appropriate money from the fund for a public transit
769     capital development project or pedestrian or nonmotorized transportation project that provides
770     connection to the public transit system if the public transit district or political subdivision
771     provides funds of equal to or greater than 40% of the costs needed for the project.
772          (ii) A public transit district or political subdivision may use money derived from a loan
773     granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
774     part of the 40% requirement described in Subsection (9)(e)(i) if:
775          (A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
776     State Infrastructure Bank Fund; and
777          (B) the proposed capital project has been prioritized by the commission pursuant to
778     Section 72-1-303.
779          Section 10. Section 72-7-301 is amended to read:
780          72-7-301. Liability for damage to highway, highway equipment, or highway sign
781     -- Liability for damage to highway from illegal operation of oversize or overweight
782     vehicles -- Recovery.
783          (1) A person who by any means willfully or negligently injures or damages any
784     highway, highway equipment, or highway sign is liable for the damage.
785          (2) A person who operates or moves any vehicle or object on any highway is liable for
786     all damage that the highway sustains from:
787          (a) any illegal operation or movement of a vehicle or object; and
788          (b) any vehicle or object that exceeds the maximum size, weight, or load limitations
789     specified by law, with or without authority of an oversize or overweight permit.
790          (3) (a) Except under Subsection (3)(b), if the operator is not the owner of the vehicle or
791     object but is operating or moving the vehicle or object with the express or implied permission
792     of the owner, the owner and operator are jointly and severally liable under Subsection (2) for
793     any damage caused to a highway by the operation or movement of the vehicle or object.
794          (b) An operator who is not the owner of the vehicle or object and who under an express
795     or implied condition of his employment or any privilege related to his employment is required
796     to operate or move a vehicle or object in violation of Part 4, Vehicle Size, Weight, and Load
797     Limitations, is not liable for any damage caused to a highway by the illegal operation or
798     movement of the vehicle or object.
799          (4) The value of the property damaged may be recovered in a civil action brought by
800     the highway authority having jurisdiction over the property damaged.
801          (5) (a) For purposes of this section, the value of the damaged property includes the full
802     cost to:
803          (i) repair the damaged property; or
804          (ii) replace the damaged property with a replacement that is functionally equivalent to
805     the property that was damaged.
806          (b) Except for the replacement of a damaged motor vehicle, the costs described in
807     Subsection (5)(a) may not be reduced based on the depreciated value of the damaged property
808     at the time the damage occurs.
809          Section 11. Section 72-9-501 is amended to read:
810          72-9-501. Construction, operation, and maintenance of ports-of-entry by the
811     department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry
812     agents.
813          (1) (a) The department shall construct ports-of-entry for the purpose of checking motor
814     carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws
815     including laws relating to:
816          (i) driver qualifications;
817          (ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act;
818          (iii) vehicle registration;
819          (iv) fuel tax payment;
820          (v) vehicle size, weight, and load;
821          (vi) security or insurance;
822          (vii) this chapter;
823          (viii) hazardous material as defined under 49 U.S.C. 5102; and
824          [(ix) livestock transportation; and]
825          [(x)] (ix) safety.
826          (b) The ports-of-entry shall be located on state highways at sites determined by the
827     department.
828          (2) (a) The ports-of-entry shall be operated and maintained by the department.
829          (b) A port-of-entry agent or a peace officer may check, inspect, or test drivers, vehicles,
830     and vehicle loads for compliance with state and federal laws specified in Subsection (1).
831          (3) (a) A port-of-entry agent or a peace officer, in whose presence an offense described
832     in this section is committed, may:
833          (i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18;
834          (ii) request and administer chemical tests to determine blood alcohol concentration in
835     compliance with Section 41-6a-515;
836          (iii) place a driver out-of-service in accordance with Section 53-3-417; and
837          (iv) serve a driver with notice of the Driver License Division of the Department of
838     Public Safety's intention to disqualify the driver's privilege to drive a commercial motor vehicle
839     in accordance with Section 53-3-418.
840          (b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a
841     port-of-entry agent who is not a peace officer or special function officer designated under Title
842     53, Chapter 13, Peace Officer Classifications.
843          (4) (a) A port-of-entry agent, a peace officer, or the Division of Wildlife Resources
844     may inspect, detain, or quarantine a conveyance or equipment in accordance with Sections
845     23-27-301 and 23-27-302.
846          (b) The department is not responsible for decontaminating a conveyance or equipment
847     detained or quarantined.
848          (c) The Division of Wildlife Resources may decontaminate, as defined in Section
849     23-27-102, a conveyance or equipment at the port-of-entry if authorized by the department.
850          Section 12. Section 72-9-502 is amended to read:
851          72-9-502. Motor vehicles to stop at ports-of-entry -- Signs -- Exceptions --
852     Rulemaking -- By-pass permits.
853          (1) Except under Subsection (3), a motor carrier operating a motor vehicle with a gross
854     vehicle weight of 10,001 pounds or more [or any motor vehicle carrying livestock as defined in
855     Section 4-24-102] shall stop at a port-of-entry as required under this section.
856          (2) The department may erect and maintain signs directing motor vehicles to a
857     port-of-entry as provided in this section.
858          (3) A motor vehicle required to stop at a port-of-entry under Subsection (1) is exempt
859     from this section if:
860          (a) the total one-way trip distance for the motor vehicle would be increased by more
861     than 5% or three miles, whichever is greater if diverted to a port-of-entry;
862          (b) the motor vehicle is operating under a temporary port-of-entry by-pass permit
863     issued under Subsection (4); or
864          (c) the motor vehicle is an implement of husbandry as defined in Section 41-1a-102
865     being operated only incidentally on a highway as described in Section 41-1a-202.
866          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
867     the department shall make rules for the issuance of a temporary port-of-entry by-pass permit
868     exempting a motor vehicle from the provisions of Subsection (1) if the department determines
869     that the permit is needed to accommodate highway transportation needs due to multiple daily or
870     weekly trips in the proximity of a port-of-entry.
871          (b) The rules under Subsection (4)(a) shall provide that one permit may be issued to a
872     motor carrier for multiple motor vehicles.