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H.B. 247

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B AND C ROADS FORMULA

2    
1997 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: Martin R. Stephens

5    John L. Valentine
David Ure
Judy Ann Buffmire


6    AN ACT RELATING TO HIGHWAYS; MODIFYING THE FORMULA FOR APPORTIONING
7    CLASS B AND CLASS C ROADS ACCOUNT FUNDS; PROVIDING DEFINITIONS;
8    MAKING TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         27-12-129, as last amended by Chapter 301, Laws of Utah 1993
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 27-12-129 is amended to read:
14         27-12-129. Apportionment of funds available for use on class B and class C roads --
15     Bonds.
16        (1) For purposes of this section:
17        (a) "Graveled road" means a road:
18        (i) that is:
19        (A) graded; and
20        (B) drained by transverse drainage systems to prevent serious impairment of the road by
21    surface water;
22        (ii) that has an improved surface; h AND h
23        (iii) that has a wearing surface made of:
24        (A) gravel;
25        (B) broken stone;
26        (C) slag;
27        (D) iron ore;
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1        (E) shale; or
2        (F) other material that is:
3        (I) similar to a material described in Subsection(1)(a)(iii)(A) through (E); and
4        (II) is coarser than sand; h [and
5        (iv) for which the materials described in Subsection (1)(a)(iii)(A) through (F) are usually
6    hauled in, making the surface elevation of the road higher than the natural ground;
]

6a          (b) "PAVED ROAD" INCLUDES A GRAVELED ROAD WITH A CHIP SEAL SURFACE; h
7         h [(b) ] (c) h "Road mile" means a one-mile length of road, regardless of:
8        (i) the width of the road; or
9        (ii) the number of lanes into which the road is divided; and
10         h [(c) ] (d) h "Weighted mileage" means the sum of the following:
11        (i) paved road miles multiplied by five;
12        (ii) graveled road miles multiplied by two; and
13        (iii) all other road type road miles multiplied by one.
14        [(1) The] (2) Subject to the provisions of Subsections (3) and (4), funds [made available
15    for use upon] in the class B and class C roads account shall be apportioned among [the various]
16    counties[, cities, and towns] and municipalities in the following manner:
17        (a) [32%] 50% in the ratio that the [mileage of] class B roads weighted mileage within
18    each county and class C roads weighted mileage within each [city or town bears] municipality bear
19    to the total class B and class C [road] roads weighted mileage within the state; and
20        (b) [54%] 50% in the ratio that the population of [each] a county[, city, or town] or
21    municipality bears to the total population of the state as of the last official federal census or the
22    United States Bureau of Census estimate, whichever is most recent[. If], except that if population
23    estimates are not made for [any] a county[, city, or town] or municipality by the United States
24    Bureau of Census, population figures shall be determined according to the biennial estimate from
25    the Utah Population Estimates Committee[; and].
26        [(c) 14% in the ratio that the land area of each county, city, or town bears to the total land
27    area within the state.]
28        [(2) For the purposes of Subsection (1), the land area of each county means the land area
29    of each county outside the corporate limits of cities and towns in that county.]
30        (3) For [the] purposes of Subsection [(1),](2)(b), "the population of [each] a county"
31    means:
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1        (a) the population of [each] a county outside the corporate limits of [cities and towns]
2    municipalities in that county, if the population [so determined] of the county outside the corporate
3    limits of municipalities in that county is not less than 14% of the total population of that county,
4    including [incorporated cities and towns. If] municipalities; and
5        (b) if the population [so determined] of a county outside the corporate limits of
6    municipalities in the county is less than 14% of the total population[,]:
7        (i) the aggregate percentage of the population apportioned to [the incorporated cities and
8    towns] municipalities in that county shall be reduced by [a percentage of population] an amount
9    equal to the difference between:
10        (A) 14%; and
11        (B) the actual [percent] percentage of population outside the corporate limits of [cities and
12    towns] municipalities in that county; and
13        (ii) the population apportioned to the county shall be 14% of the total population of that
14    county, including incorporated municipalities.
15        (4) (a) h FOR FISCAL YEAR 1997-98, h if an apportionment under Subsection (2) to a
15a    county or municipality is less than
16    110% of the amount apportioned to the county or municipality h [under Subsection (2) ] FROM
16a     THE CLASS B AND CLASS C ROADS ACCOUNT h for fiscal year
17    1994-95, the department shall:
18        (i) reapportion the funds under Subsection (2) to ensure that the county or municipality
19    receives an amount equal to h [at least ] THE GREATER OF:
19a         (A) h 110% of the amount apportioned to the county or municipality
20     h [under Subsection (2) ] FROM THE CLASS B AND CLASS C ROADS ACCOUNT h for fiscal year
20a    1994-95; h OR
20b         (B) 100% OF THE AMOUNT APPORTIONED TO THE COUNTY OR MUNICIPALITY FROM THE
20c     CLASS B AND CLASS C ROADS ACCOUNT FOR FISCAL YEAR 1995-96; h and
21        (ii) decrease proportionately as provided in Subsection (4)(b) the apportionments to
22    counties and municipalities under Subsection (2) that, prior to the reapportionment by the
23    department under Subsection (4)(a)(i), would be greater than 110% of the apportionments to the
24    counties and municipalities for fiscal year 1994-95.

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25        (b) For purposes of Subsection (4)(a)(ii), the aggregate amount of the funds that the
26    department shall decrease proportionately from the apportionments under Subsection (4)(a)(ii) is
27    an amount equal to the aggregate amount reapportioned to counties and municipalities under
28    Subsection (4)(a)(i).
28a         h (5)(a) BEGINNING WITH FISCAL YEAR 1998-99, THE DEPARTMENT SHALL REAPPORTION
28b     THE FUNDS IN THE CLASS B AND CLASS C ROADS ACCOUNT OTHERWISE APPORTIONED UNDER
28c     SUBSECTION (2) AS PROVIDED IN SUBSECTION (5)(b) IF:
28d         (i) THERE IS AN INCREASE IN THE CLASS B AND CLASS C ROADS ACCOUNT FROM OTHER
28e     THAN INCREASES IN FEES OR TAX RATES FOR THE CURRENT FISCAL YEAR OVER THE PREVIOUS
28f     FISCAL YEAR; AND
28g         (ii) AN APPORTIONMENT UNDER SUBSECTION (2) TO A COUNTY OR MUNICIPALITY IS LESS
28h     THAN THE PRODUCT OF:
28i         (A) THE PERCENTAGE INCREASE IN THE CLASS B AND CLASS C ROADS ACCOUNT FROM
28j     OTHER THAN INCREASES IN FEES OR TAX RATES FOR THE CURRENT FISCAL YEAR OVER THE
28k     PREVIOUS FISCAL YEAR;
28l         (B) 1/3; AND
28m         (C) THE APPORTIONMENT TO THE COUNTY OR MUNICIPALITY FOR THE PREVIOUS FISCAL
28n     YEAR.
28o         (b) IF THE DEPARTMENT IS REQUIRED TO REAPPORTION THE FUNDS IN THE CLASS B AND
28p     CLASS C ROADS ACCOUNT UNDER SUBSECTION (5)(a), THE DEPARTMENT SHALL:
28q         (i) ENSURE THAT EACH COUNTY AND MUNICIPALITY RECEIVES AN AMOUNT EQUAL TO THE
28r     GREATER OF:
28s         (A) THE PRODUCT OF:
28t         (I) THE PERCENTAGE INCREASE IN THE CLASS B AND CLASS C ROADS ACCOUNT FROM
28u     OTHER THAN INCREASES IN FEES OR TAX RATES FOR THE CURRENT FISCAL YEAR OVER THE
28v     PREVIOUS FISCAL YEAR;
28w         (II) 1/3; AND
28x         (III) THE APPORTIONMENT TO THE COUNTY OR MUNICIPALITY FOR THE PREVIOUS FISCAL
28y     YEAR; OR
28z         (B) THE AMOUNT APPORTIONED TO THE COUNTY OR MUNICIPALITY UNDER SUBSECTION (2);
28aa     AND h
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28ab          h (ii) DECREASE PROPORTIONATELY AS PROVIDED IN SUBSECTION (5)(c) THE
28ac     APPORTIONMENTS TO COUNTIES AND MUNICIPALITIES UNDER SUBSECTION (2) THAT, PRIOR TO
28ad     THE REAPPORTIONMENT BY THE DEPARTMENT UNDER SUBSECTION (5)(b)(i), WOULD BE GREATER
28ae     THAN THE PRODUCT OF:
28af         (A) THE PERCENTAGE INCREASE IN THE CLASS B AND CLASS C ROADS ACCOUNT
28ag     FROM OTHER THAN INCREASES IN FEES OR TAX RATES FOR THE CURRENT FISCAL YEAR OVER
28ah     THE PREVIOUS FISCAL YEAR;
28ai         (B) 1/3; AND
28aj         (C) THE APPORTIONMENT TO THE COUNTY OR MUNICIPALITY FOR THE PREVIOUS FISCAL
28ak     YEAR.
28al         (c) FOR PURPOSES OF SUBSECTION (5)(b)(ii), THE AGGREGATE AMOUNT OF THE FUNDS
28am     THAT THE DEPARTMENT SHALL DECREASE PROPORTIONATELY FROM THE APPORTIONMENTS
28an     UNDER SUBSECTION (5)(b)(ii) IS AN AMOUNT EQUAL TO THE AGGREGATE AMOUNT
28ao     REAPPORTIONED TO COUNTIES AND MUNICIPALITIES UNDER SUBSECTION (5)(b)(i). h
29        [(3)] h [(5) ] (6) h The governing body of any municipality or county may issue bonds
29a    redeemable
30    up to a period of ten years under Title 11, Chapter 14, [the] Utah Municipal Bond Act, to pay the
31    costs of constructing, repairing, and maintaining class B or class C roads and may pledge class B











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1    or class C road funds received pursuant to this section to pay principal, interest, premiums, and
2    reserves for the bonds.
3        Section 2. Effective date.
4        This act takes effect on July 1, 1997.




Legislative Review Note
    as of 1-17-97 4:00 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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