Representative Carl R. Albrecht proposes the following substitute bill:


1     
RURAL TRANSPORTATION INFRASTRUCTURE FUND

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derrin R. Owens

5     
House Sponsor: Carl R. Albrecht

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Rural Transportation Infrastructure Fund for highway projects in
10     certain cities, towns, and counties.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires certain revenue from vehicle registration fees to be transferred to the Rural
15     Transportation Infrastructure Fund;
16          ▸     creates an expendable special revenue fund called the Rural Transportation
17     Infrastructure Fund;
18          ▸     provides for administration for and distribution from the fund; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          This bill appropriates in fiscal year 2024:
22               ▸     to Department of Transportation -- Rural Transportation Infrastructure Fund --
23     as a one-time appropriation:
24                    •     from the General Fund One-time, $40,000,000.
25     Other Special Clauses:

26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          41-1a-1201, as last amended by Laws of Utah 2022, Chapter 259
30     ENACTS:
31          72-2-133, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 41-1a-1201 is amended to read:
35          41-1a-1201. Disposition of fees.
36          (1) All fees received and collected under this part shall be transmitted daily to the state
37     treasurer.
38          (2) Except as provided in Subsections (3), (6), (7), (8), [and] (9), and (10) and Sections
39     41-1a-422, 41-1a-1220, 41-1a-1221, and 41-1a-1223, all fees collected under this part shall be
40     deposited into the Transportation Fund.
41          (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), and (7) and
42     Section 41-1a-1212 may be used by the commission to cover the costs incurred in issuing
43     license plates under Part 4, License Plates and Registration Indicia.
44          (4) In accordance with Section 63J-1-602.2, all funds available to the commission for
45     the purchase and distribution of license plates and decals are nonlapsing.
46          (5) (a) Except as provided in Subsections (3) and (5)(b) and Section 41-1a-1205, the
47     expenses of the commission in enforcing and administering this part shall be provided for by
48     legislative appropriation from the revenues of the Transportation Fund.
49          (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
50     and (b) for each vehicle registered for a six-month registration period under Section
51     41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
52     administering this part.
53          (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
54     each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
55     cover the costs incurred in enforcing and administering this part.
56          (6) (a) The following portions of the registration fees imposed under Section

57     41-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
58     2005 created under Section 72-2-124:
59          (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
60     (1)(f), (4), and (7);
61          (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
62     (1)(c)(ii);
63          (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
64          (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
65          (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
66          (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
67          (b) The following portions of the registration fees collected for each vehicle registered
68     for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
69     Transportation Investment Fund of 2005 created by Section 72-2-124:
70          (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
71          (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
72          (7) (a) Ninety-four cents of each registration fee imposed under Subsections
73     41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
74     Account created in Section 53-3-106.
75          (b) Seventy-one cents of each registration fee imposed under Subsections
76     41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
77     Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
78     Section 53-3-106.
79          (8) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
80     and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
81     Account created in Section 53-8-214.
82          (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
83     and (b) for each vehicle registered for a six-month registration period under Section
84     41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
85     created in Section 53-8-214.
86          (9) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
87     each motorcycle shall be deposited into the Spinal Cord and Brain Injury Rehabilitation Fund

88     created in Section 26-54-102.
89          (10) (a) Beginning on January 1, 2024, subject to Subsection (10)(b), $2 of each
90     registration fee imposed under Section 41-1a-1206 shall be deposited into the Rural
91     Transportation Infrastructure Fund created in Section 72-2-133.
92          (b) Beginning on January 1, 2025, and each January 1 thereafter, the amount described
93     in Subsection (10)(a) shall be annually adjusted by taking the amount deposited the previous
94     year and adding an amount equal to the greater of:
95          (i) an amount calculated by multiplying the amount deposited the previous year by the
96     actual percentage change during the previous fiscal year in the Consumer Price Index; and
97          (ii) 0.
98          (c) The amounts calculated as described in Subsection (10)(b) shall be rounded up to
99     the nearest 1 cent.
100          Section 2. Section 72-2-133 is enacted to read:
101          72-2-133. Rural Transportation Infrastructure Fund -- Creation -- Uses.
102          (1) As used in this section:
103          (a) "Graveled road" means the same as that term is defined in Section 72-2-108.
104          (b) "Paved road" means the same as that term is defined in Section 72-2-108.
105          (c) "Qualifying county" means a county that:
106          (i) is a county of the third through sixth class;
107          (ii) has imposed a local option sales and use tax pursuant to:
108          (A) Section 59-12-2217;
109          (B) Section 59-12-2218; or
110          (C) Section 59-12-2219; and
111          (iii) has not imposed a local option sales and use tax pursuant to Section 59-12-2220
112     on or before January 1, 2023.
113          (d) "Qualifying municipality" means a municipality located within a qualifying county.
114          (e) "Qualifying recipient" means qualifying county or a qualifying municipality.
115          (f) "Road mile" means the same as that term is defined in Section 72-2-108.
116          (g) "Weighted mileage" means the same as that term is defined in Section 72-2-108.
117          (2) There is created in the Transportation Fund an expendable special revenue fund
118     called the Rural Transportation Infrastructure Fund.

119          (3) The Rural Transportation Infrastructure Fund shall be funded by:
120          (a) deposits into the fund as described in Subsection 41-1a-1201(10);
121          (b) appropriations by the Legislature; and
122          (c) other deposits into the fund.
123          (4) The department shall administer the fund.
124          (5) Beginning on January 1, 2024, the department shall annually distribute revenue in
125     the fund among qualifying recipients in the following manner:
126          (a) 50% in the ratio that the class B roads weighted mileage within each county and
127     class C roads weighted mileage within each municipality bear to the total class B and class C
128     roads weighted mileage within the state; and
129          (b) 50% in the ratio that the population of a county or municipality bears to the total
130     population of the state as of the last official federal census or the United States Census Bureau
131     estimate, whichever is most recent, except that if population estimates are not available from
132     the United States Census Bureau, population figures shall be derived from the estimate from
133     the Utah Population Committee.
134          (6) A qualifying recipient may only use funds distributed as described in this section in
135     the same manner as class B and class C road funds distributed in accordance with Section
136     72-2-108.
137          (7) (a) Before November 1 of each year, the State Tax Commission shall notify the
138     department and indicate which counties are qualifying counties.
139          (b) After receiving the notification described in Subsection (7)(a), the department shall
140     distribute funds for the following year to the municipalities and counties that were identified as
141     qualifying recipients in the notification described in Subsection (7)(a).
142          Section 3. Appropriation.
143          The following sums of money are appropriated for the fiscal year beginning July 1,
144     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
145     fiscal year 2024. The Legislature authorizes the State Division of Finance to transfer the
146     following amounts between the following funds or accounts as indicated. Expenditures and
147     outlays from the funds to which the money is transferred must be authorized by an
148     appropriation.
149     ITEM 1

150     To Department of Transportation -- Rural Transportation Infrastructure Fund
151          From General Fund, One-time
40,000,000

152          Schedule of Programs:
153               Rural Transportation Infrastructure Fund               40,000,000
154          Section 4. Effective date.
155          (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2023.
156          (2) The amendments to Section 41-1a-1201 in this bill take effect on January 1, 2024.