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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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