H.B. 247 Enrolled

B AND C ROADS FORMULA
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Martin R. Stephens
John L. Valentine
David Ure
Judy Ann Buffmire

AN ACT RELATING TO HIGHWAYS; MODIFYING THE FORMULA FOR APPORTIONING
CLASS B AND CLASS C ROADS ACCOUNT FUNDS; PROVIDING DEFINITIONS;
MAKING TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
27-12-129, as last amended by Chapter 301, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 27-12-129 is amended to read:
27-12-129. Apportionment of funds available for use on class B and class C roads --
Bonds.
(1) For purposes of this section:
(a) "Graveled road" means a road:
(i) that is:
(A) graded; and
(B) drained by transverse drainage systems to prevent serious impairment of the road by
surface water;
(ii) that has an improved surface; and
(iii) that has a wearing surface made of:
(A) gravel;
(B) broken stone;
(C) slag;
(D) iron ore;
(E) shale; or
(F) other material that is:

(I) similar to a material described in Subsection(1)(a)(iii)(A) through (E); and
(II) is coarser than sand;
(b) "Paved road" includes a graveled road with a chip seal surface;
(c) "Road mile" means a one-mile length of road, regardless of:
(i) the width of the road; or
(ii) the number of lanes into which the road is divided; and
(d) "Weighted mileage" means the sum of the following:
(i) paved road miles multiplied by five;
(ii) graveled road miles multiplied by two; and
(iii) all other road type road miles multiplied by one.
[(1) The] (2) Subject to the provisions of Subsections (3) through (5), funds [made available
for use upon] in the class B and class C roads account shall be apportioned among [the various]
counties[, cities, and towns] and municipalities in the following manner:
(a) [32%] 50% in the ratio that the [mileage of] class B roads weighted mileage within each
county and class C roads weighted mileage within each [city or town bears] municipality bear to the
total class B and class C [road] roads weighted mileage within the state; and
(b) [54%] 50% in the ratio that the population of [each] a county[, city, or town] or
municipality bears to the total population of the state as of the last official federal census or the
United States Bureau of Census estimate, whichever is most recent[. If], except that if population
estimates are not made for [any] a county[, city, or town] or municipality by the United States
Bureau of Census, population figures shall be determined according to the biennial estimate from
the Utah Population Estimates Committee[; and].
[(c) 14% in the ratio that the land area of each county, city, or town bears to the total land
area within the state.]
[(2) For the purposes of Subsection (1), the land area of each county means the land area of
each county outside the corporate limits of cities and towns in that county.]
(3) For [the] purposes of Subsection [(1),](2)(b), "the population of [each] a county" means:
(a) the population of [each] a county outside the corporate limits of [cities and towns]

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municipalities in that county, if the population [so determined] of the county outside the corporate
limits of municipalities in that county is not less than 14% of the total population of that county,
including [incorporated cities and towns. If] municipalities; and
(b) if the population [so determined] of a county outside the corporate limits of
municipalities in the county is less than 14% of the total population[,]:
(i) the aggregate percentage of the population apportioned to [the incorporated cities and
towns] municipalities in that county shall be reduced by [a percentage of population] an amount
equal to the difference between:
(A) 14%; and
(B) the actual [percent] percentage of population outside the corporate limits of [cities and
towns] municipalities in that county; and
(ii) the population apportioned to the county shall be 14% of the total population of that
county, including incorporated municipalities.
(4) (a) For fiscal year 1997-98 if an apportionment under Subsection (2) to a county or
municipality is less than 110% of the amount apportioned to the county or municipality from the
class B and class C roads account for fiscal year 1994-95, the department shall:
(i) reapportion the funds under Subsection (2) to ensure that the county or municipality
receives an amount equal to the greater of:
(A) 110% of the amount apportioned to the county or municipality from the class B and
class C roads account for fiscal year 1994-95; or
(B) 100% of the amount apportioned to the county or municipality from the class B and class
C roads account for fiscal year 1995-96; and
(ii) decrease proportionately as provided in Subsection (4)(b) the apportionments to counties
and municipalities under Subsection (2) that, prior to the reapportionment by the department under
Subsection (4)(a)(i), would be greater than 110% of the apportionments to the counties and
municipalities for fiscal year 1994-95.
(b) For purposes of Subsection (4)(a)(ii), the aggregate amount of the funds that the
department shall decrease proportionately from the apportionments under Subsection (4)(a)(ii) is an

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amount equal to the aggregate amount reapportioned to counties and municipalities under Subsection
(4)(a)(i).
(5) (a) Beginning with fiscal year 1998-99, the department shall reapportion the funds in the
class B and class C roads account otherwise apportioned under Subsection (2) as provided in
Subsection (5)(b) if:
(i) there is an increase in the class B and class C roads account from other than increases in
fees or tax rates for the current fiscal year over the previous fiscal year; and
(ii) an apportionment under Subsection (2) to a county or municipality is less than the
product of:
(A) the percentage increase in the class B and class C roads account from other than
increases in fees or tax rates for the current fiscal year over the previous fiscal year;
(B) 1/3; and
(C) the apportionment to the county or municipality for the previous fiscal year.
(b) If the department is required to reapportion the funds in the class B and class C roads
account under Subsection (5)(a), the department shall:
(i) ensure that each county and municipality receives an amount equal to the greater of:
(A) the product of:
(I) the percentage increase in the class B and class C roads account from other than increases
in fees or tax rates for the current fiscal year over the previous fiscal year;
(II) 1/3; and
(III) the apportionment to the county or municipality for the previous fiscal year; or
(B) the amount apportioned to the county or municipality under Subsection (2); and
(ii) decrease proportionately as provided in Subsection (5)(c) the apportionments to counties
and municipalities under Subsection (2) that, prior to the reapportionment by the department under
Subsection (5)(b)(i), would be greater than the product of:
(A) the percentage increase in the class B and class C roads account from other than
increases in fees or tax rates for the current fiscal year over the previous fiscal year;
(B) 1/3; and

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(C) the apportionment to the county or municipality for the previous fiscal year.
(c) For purposes of Subsection (5)(b)(ii), the aggregate amount of the funds that the
department shall decrease proportionately from the apportionments under Subsection (5)(b)(ii) is an
amount equal to the aggregate amount reapportioned to counties and municipalities under Subsection
(5)(b)(i).
[(3)] (6) The governing body of any municipality or county may issue bonds redeemable up
to a period of ten years under Title 11, Chapter 14, [the] Utah Municipal Bond Act, to pay the costs
of constructing, repairing, and maintaining class B or class C roads and may pledge class B or class
C road funds received pursuant to this section to pay principal, interest, premiums, and reserves for
the bonds.
Section 2. Effective date.
This act takes effect on July 1, 1997.

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