H.B. 427

1

UTAH STRATEGIC HIGHWAY PROJECTS
2 FUND
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David Ure
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the State Appropriations and Tax Limitation Act and the
11 Transportation Finances Act by creating the Utah Strategic Highway Projects Fund.
12 Highlighted Provisions:
13 This bill:
14 . creates the Utah Strategic Highway Projects Fund to pay the costs of maintenance,
15 construction, reconstruction, or renovation to state and federal highways;
16 . exempts the Utah Strategic Highway Projects Fund from spending limit provisions;
17 and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63-38c-103, as last amended by Chapter 1, Laws of Utah 2005, First Special Session
26 ENACTS:
27 72-2-125, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 63-38c-103 is amended to read:
31 63-38c-103. Definitions.
32 As used in this chapter:
33 (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
34 from unrestricted General Fund sources and from non-Uniform School Fund income tax
35 revenues as presented in the governor's executive budgets.
36 (b) "Appropriation" includes appropriations that are contingent upon available
37 surpluses in the General Fund.
38 (c) "Appropriations" does not mean:
39 (i) debt service expenditures;
40 (ii) emergency expenditures;
41 (iii) expenditures from all other fund or subfund sources presented in the executive
42 budgets;
43 (iv) transfers into, or appropriations made to, the General Fund Budget Reserve
44 Account established in Section 63-38-2.5 ;
45 (v) transfers into, or appropriations made to, the Education Budget Reserve Account
46 established in Section 63-38-2.6 ;
47 (vi) monies appropriated to fund the total one-time project costs for the construction of
48 capital developments as defined in Section 63A-5-104 ;
49 (vii) appropriations made to the Centennial Highway Fund Restricted Account created
50 by Section 72-2-118 ; [or]
51 (viii) appropriations made to the Transportation Investment Fund of 2005 created by
52 Section 72-2-124 [.]; or
53 (ix) appropriations made to the Utah Strategic Highway Projects Fund created by
54 Section 72-2-125 .
55 (2) "Base year real per capita appropriations" means the result obtained for the state by
56 dividing the fiscal year 1985 actual appropriations of the state less debt monies by:
57 (a) the state's July 1, 1983 population; and
58 (b) the fiscal year 1983 inflation index divided by 100.

59 (3) "Calendar year" means the time period beginning on January 1 of any given year
60 and ending on December 31 of the same year.
61 (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
62 expenditures and includes the settlement under Chapter 4, Laws of Utah 1988, Fourth Special
63 Session.
64 (5) "Fiscal year" means the time period beginning on July 1 of any given year and
65 ending on June 30 of the subsequent year.
66 (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
67 capital and operations appropriations from General Fund and non-Uniform School Fund
68 income tax revenue sources, less debt monies.
69 (7) "Inflation index" means the change in the general price level of goods and services
70 as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
71 Analysis, U.S. Department of Commerce calculated as provided in Section 63-38c-202 .
72 (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
73 be, or could have been, spent in any given year under the limitations of this chapter.
74 (b) "Maximum allowable appropriations limit" does not mean actual appropriations
75 spent or actual expenditures.
76 (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
77 fiscal years previous to the fiscal year for which the maximum allowable inflation and
78 population appropriations limit is being computed under this chapter.
79 (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
80 years previous to the fiscal year for which the maximum allowable inflation and population
81 appropriations limit is being computed under this chapter.
82 (11) "Population" means the number of residents of the state as of July 1 of each year
83 as calculated by the Governor's Office of Planning and Budget according to the procedures and
84 requirements of Section 63-38c-202 .
85 (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
86 other monetary exaction and interest connected with it that are recorded as unrestricted revenue
87 of the General Fund and from non-Uniform School Fund income tax revenues, except as
88 specifically exempted by this chapter.
89 (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,

90 whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
91 "indebtedness" within the meaning of any provision of the constitution or laws of this state.
92 Section 2. Section 72-2-125 is enacted to read:
93 72-2-125. Utah Strategic Highway Projects Fund.
94 (1) There is created a special revenue fund entitled the Utah Strategic Highway
95 Projects Fund.
96 (2) The fund consists of monies generated from the following revenue sources:
97 (a) any voluntary contributions received for the construction, major reconstruction, or
98 major renovation of state or federal highways; and
99 (b) appropriations made to the fund by the Legislature.
100 (3) (a) The fund shall earn interest.
101 (b) All interest earned on fund monies shall be deposited into the fund.
102 (4) (a) The executive director may use fund monies, as prioritized by the
103 Transportation Commission, only to pay the costs of construction, major reconstruction, or
104 major renovation to state and federal highways.
105 (b) Notwithstanding the provisions of Section 72-1-304 , the fund monies may be used
106 to pay the costs of construction, major reconstruction, or major renovation to state and federal
107 highways that are not prioritized through the written project prioritization process under
108 Section 72-1-304 .




Legislative Review Note
as of 2-3-06 2:13 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel