'Softened' transportation bill OK'd

The governor was happy, but key lawmakers were left to question Wednesday the wisdom of a decision to amend and "soften" a transportation funding bill.

HB1008 had the potential to divert $2 billion in sales tax dollars to road and transit projects over the next 10 years. Sales tax goes into the state's general fund and helps pay for programs such as public health, corrections and higher education.

In the amended bill, wording was removed that allowed for those potential diversions. It passed the Senate and House late Wednesday.

With the amended bill, lawmakers approved the creation of a new transportation fund — the Transportation Investment Fund. They also remedied a mistake made during the general session to allow for $30 million allocated to transportation to go toward initial expansion of I-15 in Utah County.

Lawmakers who approved the amendment said they were concerned the sales tax diversions — while subject to legislative approval — would tie the hands of future lawmakers.

"When we get right down to it, have the faith that whoever is sitting in these chairs two years from now will have the courage to put the money where it needs to go," said Rep. David Ure, R-Kamas. "I have always fought to put more money into transportation. You can go back through my history."

Ure was one of 37 members of the House who voted for the amendment; 36 voted against it.

The vote was a shift from the House's decision during the regular session to approve a bill to similar to HB1008. Sen. John Valentine, R-Provo, said he didn't understand the conflicting votes. The Senate would have passed the bill without the amendment, he said.

"That was probably the most surprise this special session offered," said Valentine. "The House ran away from the stance they tried so hard to get the Senate to."

Sen. Sheldon Killpack, R-Syracuse, tried during debate in the senate to "amend the amended bill" with one that called for the sales tax diversions. His amendment would have also made it harder for lawmakers to "borrow" from the $90 million in ongoing funds given to transportation during the general legislative session.

The amendment set the $90 million appropriation into code.

Killpack ultimately removed his amendment from debate. There wasn't the political will to pass his suggestion, or debate it in a conference committee between the House and Senate, he said.

Gov. Jon Huntsman Jr. had strongly opposed codifying the $90 million, saying it would "tie his hands" in the future. Ultimately, he said he got the transportation bill he wanted.

The bill "really sets an earmark," Huntsman said. "It doesn't commit us to anything in terms of real dollars."