H.B. 111 Enrolled

TRANSPORTATION CORRIDOR FUNDING
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Marda Dillree
AN ACT RELATING TO HIGHWAYS; ALLOWING TRANSPORTATION CORRIDOR
PRESERVATION REVOLVING LOAN FUND MONIES TO BE USED FOR DEBT
SERVICE; IMPOSING A RENTAL TAX ON CERTAIN MOTOR VEHICLES;
PROVIDING FOR COLLECTION AND DISTRIBUTION; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
27-12-103.6, as enacted by Chapter 50, Laws of Utah 1996
ENACTS:
59-12-901, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 27-12-103.6 is amended to read:
27-12-103.6. Transportation Corridor Preservation Revolving Loan Fund --
Distribution -- Repayment -- Rulemaking.
(1) There is created the Transportation Corridor Preservation Revolving Loan Fund within
the Transportation Fund.
(2) The fund shall be funded from the following sources:
(a) motor vehicle rental tax imposed under Section 59-12-901;
[(a)] (b) appropriations made to the fund by the Legislature;
[(b)] (c) contributions from other public and private sources for deposit into the fund;
[(c)] (d) interest earnings on cash balances;
[(d)] (e) all monies collected for repayments and interest on fund monies; and
[(e)] (f) all monies collected from rents and sales of real property.
(3) All monies appropriated to the Transportation Corridor Preservation Revolving Loan
Fund are nonlapsing.

(4) (a) The commission shall authorize the expenditure of fund monies to allow the
department to acquire real property or any interests in real property for state, county, and municipal
transportation corridors subject to:
[(a)] (i) monies available in the fund; and
[(b)] (ii) rules made under Subsection (7).
(b) Fund monies may be used to pay interest on debts incurred in accordance with this
section.
(5) Administrative costs of the Transportation Corridor Preservation Revolving Loan Fund
shall be paid from the fund.
(6) The department:
(a) may apply to the commission under this section for monies from the Transportation
Corridor Preservation Revolving Loan Fund for a specified transportation corridor project, including
for county and municipal projects; and
(b) shall repay the fund monies authorized for the project to the fund as required under
Subsection (7).
(7) The commission shall:
(a) administer the Transportation Corridor Preservation Revolving Loan Fund to preserve
transportation corridors, promote long-term statewide transportation planning, save on acquisition
costs, and promote the best interests of the state in a manner which minimizes impact on prime
agricultural land;
(b) prioritize fund monies based on considerations, including:
(i) areas with rapidly expanding population;
(ii) the willingness of local governments to complete studies and impact statements that meet
department standards;
(iii) the preservation of corridors by the use of local planning and zoning processes; and
(iv) the availability of other public and private matching funds for a project; and
(c) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
Act, establishing the:

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(i) procedures for the awarding of fund monies;
(ii) procedures for the department to apply for transportation corridor preservation monies
for projects; and
(iii) repayment conditions of the monies to the fund from the specified project funds.
Section 2. Section 59-12-901 is enacted to read:
Part 9. Motor Vehicle Rental Tax
59-12-901. Motor vehicle rental tax -- Rate -- Exemptions -- Collection -- Deposits.
(1) (a) Except as provided under Subsection (2), there is imposed a tax of 2.5% on all
short-term leases and rentals of motor vehicles not exceeding 30 days.
(b) The tax imposed in this section is in addition to all other state, county, or municipal fees
and taxes imposed on rentals of motor vehicles.
(2) A motor vehicle is exempt from the tax imposed under Subsection (1) if:
(a) the motor vehicle is registered for a gross laden weight of 12,001 or more pounds;
(b) the motor vehicle is rented as a personal household goods moving van; or
(c) the lease or rental of the motor vehicle is made for the purpose of temporarily replacing
a person's motor vehicle that is being repaired pursuant to a repair agreement or an insurance
agreement.
(3) (a) The commission shall administer, collect, and enforce the tax authorized under this
section pursuant to the same procedures used in the administration, collection, and enforcement of
the sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, and Title 59, Chapter 1,
General Taxation Policies.
(b) The commission may retain a maximum of 1-1/2% of the tax collected under this section
for the costs of rendering its services under this section.
(c) Except as provided under Subsection (3)(b), all revenue received by the State Tax
Commission under this section shall be deposited daily with the state treasurer and credited monthly
to the Transportation Corridor Preservation Revolving Loan Fund under Section 27-12-103.6.
(4) The tax under this section is not subject to the distribution of tax revenues provided
under Sections 59-12-205 and 59-12-103.

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Section 3. Effective date.
This act takes effect on July 1, 1997.

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