This document includes House Floor Amendments incorporated into the bill on Fri, Feb 25, 2022 at 4:06 PM by lfindlay.



Chief Sponsor: Doug Owens

Senate Sponsor: Jacob L. Anderegg


8     General Description:
9          This bill amends a required annual report from the Department of Transportation to
10     include analysis of wildlife mitigation.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends a required annual report from the Department of Transportation to include
14     analysis of wildlife mitigation.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          72-1-201, as last amended by Laws of Utah 2019, Chapter 431

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 72-1-201 is amended to read:
25          72-1-201. Creation of Department of Transportation -- Functions, powers, duties,
26     rights, and responsibilities.
27          (1) There is created the Department of Transportation which shall:

28          (a) have the general responsibility for planning, research, design, construction,
29     maintenance, security, and safety of state transportation systems;
30          (b) provide administration for state transportation systems and programs;
31          (c) implement the transportation policies of the state;
32          (d) plan, develop, construct, and maintain state transportation systems that are safe,
33     reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
34     industry;
35          (e) establish standards and procedures regarding the technical details of administration
36     of the state transportation systems as established by statute and administrative rule;
37          (f) advise the governor and the Legislature about state transportation systems needs;
38          (g) coordinate with utility companies for the reasonable, efficient, and cost-effective
39     installation, maintenance, operation, relocation, and upgrade of utilities within state highway
40     rights-of-way;
41          (h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
42     make rules for the administration of the department, state transportation systems, and
43     programs;
44          (i) jointly with the commission annually report to the Transportation Interim
45     Committee, by November 30 of each year, as to the operation, maintenance, condition,
46     mobility, [and] safety needs, and wildlife Ĥ→ and livestock ←Ĥ mitigation for state transportation
46a     systems;
47          (j) ensure that any training or certification required of a public official or public
48     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
49     22, State Training and Certification Requirements, if the training or certification is required:
50          (i) under this title;
51          (ii) by the department; or
52          (iii) by an agency or division within the department; and
53          (k) study and make recommendations to the Legislature on potential managed lane use
54     and implementation on selected transportation systems within the state.
55          (2) (a) The department shall exercise reasonable care in designing, constructing, and
56     maintaining a state highway in a reasonably safe condition for travel.
57          (b) Nothing in this section shall be construed as:
58          (i) creating a private right of action; or

59          (ii) expanding or changing the department's common law duty as described in
60     Subsection (2)(a) for liability purposes.