S.B. 1003 Enrolled

1

DISPOSITION OF REGISTRATION FEE
2 REVENUES
3 2009 FIRST SPECIAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sheldon L. Killpack
6 House Sponsor: Kevin S. Garn
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicle Act and the Transportation Code by amending
11 provisions relating to the disposition of certain motor vehicle registration fee revenue.
12 Highlighted Provisions:
13 This bill:
14 . provides that a portion of certain registration fees shall be deposited in the
15 Transportation Investment Fund of 2005; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill takes effect on July 1, 2009.
21 Utah Code Sections Affected:
22 AMENDS:
23 41-1a-1201 (Effective 07/01/09), as last amended by Laws of Utah 2009, Chapter 241
24 72-2-124 (Effective 07/01/09), as last amended by Laws of Utah 2009, Chapter 241
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 41-1a-1201 (Effective 07/01/09) is amended to read:
28 41-1a-1201 (Effective 07/01/09). Disposition of fees.
29 (1) All fees received and collected under this part shall be transmitted daily to the state

30 treasurer.
31 (2) Except as provided in Subsections (3), (4), (6), and (7) and Sections 41-1a-422 ,
32 41-1a-1220 , and 41-1a-1221 , all fees collected under this part shall be deposited in the
33 Transportation Fund.
34 (3) (a) Funds generated under Subsections 41-1a-1211 (1)(b)(i), (6)(b)(i), and (7) and
35 Section 41-1a-1212 may be used by the commission as a dedicated credit to cover the costs
36 incurred in issuing license plates under Part 4, License Plates and Registration Indicia.
37 (b) Fees for statehood centennial license plates shall be collected and deposited in the
38 Transportation Fund, less production and administrative costs incurred by the commission.
39 (4) All funds available to the commission for purchase and distribution of license
40 plates and decals are nonlapsing.
41 (5) Except as provided in Subsection (3) and Section 41-1a-1205 , the expenses of the
42 commission in enforcing and administering this part shall be provided for by legislative
43 appropriation from the revenues of the Transportation Fund.
44 (6) (a) Except as provided in Subsection (6)(b), the following portions of the
45 registration fees imposed under Section 41-1a-1206 for each vehicle shall be deposited in the
46 Centennial Highway Fund Restricted Account created under Section 72-2-118 :
47 (i) $10 of the registration fees imposed under Subsections 41-1a-1206 (1)(a), (1)(b),
48 (2), and (5);
49 (ii) $1 of the registration fees imposed under Subsections 41-1a-1206 (1)(c)(i),
50 (1)(c)(ii), and (1)(d)(ii);
51 (iii) $2 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(ii);
52 (iv) $3 of the registration fee imposed under Subsection 41-1a-1206 (1)(d)(i); and
53 (v) $4.50 of the registration fee imposed under Subsection 41-1a-1206 (1)(e)(i).
54 (b) When the highway general obligation bonds have been paid off and the highway
55 projects completed that are intended to be paid from revenues deposited in the Centennial
56 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
57 under Subsection 72-2-118 (6)(d), the portions of the registration fees deposited under

58 Subsection (6)(a) for each vehicle shall be deposited in the Transportation Investment Fund of
59 2005 created by Section 72-2-124 .
60 (7) The following portions of the registration fees imposed under Section 41-1a-1206
61 for each vehicle shall be deposited in the Transportation Investment Fund of 2005 created by
62 Section 72-2-124 :
63 [(7)] (a) [Twenty dollars] $20 of each registration fee collected under Subsections
64 41-1a-1206 (1)(a), (1)(b), (1)(c), (1)(d)(i), (1)(e)(i), (2)(a), and (5) [shall be deposited in the
65 Transportation Investment Fund of 2005 created by Section 72-2-124 .]; and
66 (b) 50 cents of each registration fee collected under Subsection 41-1a-1206 (1)(e)(ii).
67 Section 2. Section 72-2-124 (Effective 07/01/09) is amended to read:
68 72-2-124 (Effective 07/01/09). Transportation Investment Fund of 2005.
69 (1) There is created a special revenue fund entitled the Transportation Investment
70 Fund of 2005.
71 (2) The fund consists of monies generated from the following sources:
72 (a) any voluntary contributions received for the maintenance, construction,
73 reconstruction, or renovation of state and federal highways;
74 (b) appropriations made to the fund by the Legislature; [and]
75 (c) the sales and use tax revenues deposited into the fund in accordance with Section
76 59-12-103 [.]; and
77 (d) registration fees designated under Subsection 41-1a-1201 (7).
78 (3) When the highway general obligation bonds have been paid off and the highway
79 projects completed that are intended to be paid from revenues deposited in the Centennial
80 Highway Fund Restricted Account as determined by the Executive Appropriations Committee
81 under Subsection 72-2-118 (6)(d), the fund shall also consist of monies generated from the
82 following sources:
83 (a) registration fees designated under Subsection 41-1a-1201 (6)(a); and
84 (b) the sales and use tax amounts provided for in Section 59-12-103 .
85 (4) (a) The fund shall earn interest.

86 (b) All interest earned on fund monies shall be deposited into the fund.
87 (5) (a) Except as provided in Subsection (5)(b), the executive director may use fund
88 monies only to pay:
89 (i) the costs of maintenance, construction, reconstruction, or renovation to state and
90 federal highways prioritized by the Transportation Commission through the prioritization
91 process for new transportation capacity projects adopted under Section 72-1-304 ;
92 (ii) the costs of maintenance, construction, reconstruction, or renovation to the
93 highway projects described in Subsection 63B-18-401 (2); and
94 (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401 .
95 (b) The executive director may use fund monies to exchange for an equal or greater
96 amount of federal transportation funds to be used as provided in Subsection (5)(a).
97 (6) (a) Before bonds authorized by Section 63B-18-401 may be issued in any fiscal
98 year, the department and the commission shall appear before the Executive Appropriations
99 Committee of the Legislature and present the amount of bond proceeds that the department
100 needs to provide funding for the projects identified in Subsection 63B-18-401 (2) for the next
101 fiscal year.
102 (b) The Executive Appropriations Committee of the Legislature shall review and
103 comment on the amount of bond proceeds needed to fund the projects.
104 (7) The Division of Finance shall, from monies deposited into the fund, transfer the
105 amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
106 Section 63B-18-401 in the current fiscal year to the appropriate debt service or sinking fund.
107 Section 3. Effective date.
108 This bill takes effect on July 1, 2009.