Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 182 Second Substitute (2017GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides definitions;
• provides directions to the state treasurer to transfer funds in certain circumstances to a county served by rail fixed guideway to cover costs of safety oversight;
• designates the Department of Transportation as the state safety oversight agency for rail fixed guideway public transportation safety;
• specifies the powers and duties of the Department of Transportation as the state safety oversight agency;
• requires the Department of Transportation to annually provide a status report on the safety of certain rail fixed guideway public transportation systems;
• grants the Department of Transportation rulemaking authority to make rules necessary to administer and enforce the requirements of state and federal law as the designated state safety oversight agency; and
• makes technical changes.

Every vote on this bill

Bill text

PUBLIC TRANSPORTATION SAFETY OVERSIGHT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
John Knotwell
LONG TITLE
General Description:
This bill modifies the Transportation Code by designating the Department of
Transportation as the state safety oversight agency for rail fixed guideway public
transportation safety.
Highlighted Provisions:
This bill:
▸ provides definitions;
▸ provides directions to the state treasurer to transfer funds in certain circumstances to
a county served by rail fixed guideway to cover costs of safety oversight;
▸ designates the Department of Transportation as the state safety oversight agency for
rail fixed guideway public transportation safety;
▸ specifies the powers and duties of the Department of Transportation as the state
safety oversight agency;
▸ requires the Department of Transportation to annually provide a status report on the
safety of certain rail fixed guideway public transportation systems;
▸ grants the Department of Transportation rulemaking authority to make rules
necessary to administer and enforce the requirements of state and federal law as the
designated state safety oversight agency; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
59-12-2206
, as last amended by Laws of Utah 2016, Chapter 364
ENACTS:
72-1-214
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-12-2206
 is amended to read:
59-12-2206.
Administration, collection, and enforcement of a sales and use tax
under this part -- Transmission of revenue monthly by electronic funds transfer --
Transfer of revenue to a public transit district or eligible political subdivision.
(1) Except as provided in Subsection (2), the commission shall administer, collect, and
enforce a sales and use tax imposed under this part.
(2) The commission shall administer, collect, and enforce a sales and use tax imposed
under this part in accordance with:
(a) the same procedures used to administer, collect, and enforce a tax under:
(i) Part 1, Tax Collection; or
(ii) Part 2, Local Sales and Use Tax Act; and
(b) Chapter 1, General Taxation Policies.
(3) A sales and use tax under this part is not subject to Subsections 
59-12-205
(2)
through (7).
(4) Subject to Section 
59-12-2207
 and except as provided in Subsection (5) or another
provision of this part, the state treasurer shall transmit revenue collected within a county, city,
or town from a sales and use tax under this part to the county, city, or town legislative body
monthly by electronic funds transfer.
(5) 
(a)
 Subject to Section 
59-12-2207
, 
and except as provided in Subsection (5)(b),
 the
state treasurer shall transfer revenue collected within a county, city, or town from a sales and
use tax under this part directly to a public transit district organized under Title 17B, Chapter 2a,
Part 8, Public Transit District Act, or an eligible political subdivision as defined in Section
59-12-2219
, if the county, city, or town legislative body:
[
(a)
] 
(i)
 provides written notice to the 
commission and the
 state treasurer requesting the
transfer; and
[
(b)
] 
(ii)
 designates the public transit district or eligible political subdivision to which
the county, city, or town legislative body requests the state treasurer to transfer the revenue.
(b) The commission shall transmit a portion of the revenue collected within a county,
city, or town from a sales and use tax under this part that would be transferred to a public
transit district or an eligible political subdivision under Subsection (5)(a) to the county, city, or
town to fund public transit fixed guideway safety oversight under Section 
72-1-214
 if the
county, city, or town legislative body:
(i) provides written notice to the commission and the state treasurer requesting the
transfer; and
(ii) specifies the amount of revenue required to be transmitted to the county, city, or
town.
Section 2. Section 
72-1-214
 is enacted to read:
 72-1-214.
Department designated as state safety oversight agency for rail fixed
guideway public transportation safety -- Powers and duties -- Rulemaking.
(1) (a) Except as provided in Subsection (1)(b), as used in this section, "fixed
guideway" means the same as that term is defined in Section 
59-12-102
.
(b) For purposes of this section, "fixed guideway" does not include a rail system
subject to regulation by the Federal Railroad Administration.
(2) The department is designated as the state safety oversight agency for rail fixed
guideway public transportation safety in accordance with 49 U.S.C. Sec. 5329(e)(4).
(3) As the state safety oversight agency, the department may, to the extent necessary to
fulfill the department's obligations under federal law:
(a) enter into and inspect the property of a fixed guideway rail system receiving federal
funds without prior notice to the operator;
(b) audit an operator of a fixed guideway rail system receiving federal funds for
compliance with:
(i) federal and state laws regarding the safety of the fixed guideway rail system; and
(ii) a public transportation agency safety plan adopted by a specific operator in
accordance with 49 U.S.C. Sec. 5329(d);
(c) direct the operator of a fixed guideway rail system to correct a safety hazard by a
specified date and time;
(d) prevent the operation of all or part of a fixed guideway rail system that the
department has determined to be unsafe;
(e) audit, review, approve, and oversee an operator of a fixed guideway rail system
receiving federal funds for compliance with a plan adopted by the operator in compliance with
U.S.C. Sec. 5329(d); and
(f) enforce statutes, rules, regulations, and executive orders relating to the operation of
a fixed guideway rail public transportation system in Utah.
(4) The department shall, at least annually, provide a status report on the safety of the
rail fixed guideway public transportation systems the department oversees to:
(a) the Federal Transit Administration;
(b) the governor; and
(c) members of the board of any rail fixed guideway public transportation system that
the department oversees in accordance with this section.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules necessary to administer and enforce this section.
(6) (a) Notwithstanding any other agreement, a county, city, or town with fixed
guideway rail transit service provided by a public transit district that is subject to safety
oversight as provided in this section may request local option transit sales tax in accordance
with Section 
59-12-2206
 and spend local option transit sales tax in the amount requested by the
department to meet nonfederal match requirements for costs of safety oversight described in
this section.
(b) A county, city, or town that requests local option transit sales tax as described in
Subsection (6)(a) shall transmit to the department all of the funds requested under Subsection
(6)(a) and transmitted to the county, city, or town under Subsection 
59-12-2206
(5)(b).
(c) A county, city, or town that requests local option transit sales tax as described in
Subsection (6)(a) may not request more local option transit sales tax than is necessary to carry
out the state safety oversight functions under this section and the amount shall only reflect a
maximum of 20% nonfederal match requirement of eligible costs of state safety oversight.