H.B. 266

1

UTAH DEPARTMENT OF TRANSPORTATION
2 AUTHORITY TO CONSTRUCT TOLL ROADS AND LANES
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Brian R. Allen
6 AN ACT RELATING TO HIGHWAYS; PROVIDING FOR THE ESTABLISHMENT,
7 OPERATION, AND APPROVAL OF TOLLWAYS; PROVIDING DEFINITIONS;
8 ESTABLISHING RULEMAKING; AND CREATING THE TOLLWAY RESTRICTED
9 ACCOUNT WITHIN THE TRANSPORTATION FUND.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 27-12-132.1, Utah Code Annotated 1953
13 27-12-132.2, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 27-12-132.1 is enacted to read:
16 27-12-132.1. Definitions -- Establish and operate tollways -- Imposition and collection
17 of tolls -- Amount of tolls -- Rulemaking -- Tollways.
18 (1) As used in this section:
19 (a) "Toll" means any tax, fee, or charge assessed for the specific use of a tollway.
20 (b) "Tollway" means a highway, highway lane, bridge, path, tunnel, or right-of-way
21 designed and used as a transportation route that is constructed, operated, or maintained through
22 the use of toll revenues.
23 (2) Subject to the provisions of Subsection (3), the department may:
24 (a) establish and operate tollways and related facilities for the purpose of funding in whole
25 or in part the acquisition right-of-way and the design, construction, reconstruction, operation, and
26 maintenance of a transportation route for use by the public;
27 (b) enter into contracts, agreements, licenses, franchises, or other arrangements to

1 implement this section; and
2 (c) impose and collect tolls on any tollway established under this section.
3 (3) (a) The department may not establish or operate a tollway except as approved by the
4 commission.
5 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
6 commission shall set the amount of any toll imposed or collected on a tollway.
7 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
8 department shall make rules necessary to establish and operate tollways. The rules shall include
9 minimum criteria for having a tollway.
10 Section 2. Section 27-12-132.2 is enacted to read:
11 27-12-132.2. Tollway Restricted Account -- revenue -- nonlapsing.
12 (1) There is created within the Transportation Fund a restricted account known as the
13 "Tollway Restricted Account."
14 (2) The account shall be funded from the following sources:
15 (a) tolls collected under Section 27-12-132.1;
16 (b) appropriations made to the account by the Legislature;
17 (c) contributions from other public and private sources for deposit into the account;
18 (d) interest earnings on cash balances; and
19 (e) all monies collected for repayments and interest on account monies.
20 (3) All monies appropriated to the account are nonlapsing.
21 (4) (a) Monies shall be appropriated by the Legislature from the restricted account to the
22 commission for tollway purposes.
23 (b) The commission may authorize the monies under Subsection (4)(a) to be spent by the
24 department to establish and operate tollways and related facilities, including design, construction,
25 reconstruction, operation, maintenance, and the acquisition of right-of-way.


- 2 -

Legislative Review Note
as of 1-23-97 10:50 AM

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

Office of Legislative Research and General Counsel

- 3 -