Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 60 (2016GS)

Sponsor

Rep. Anderson, Johnny

Final action

Governor Signed 2/12/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the apportionment formula for funds available for use on class B and class C roads; and
• makes technical changes.

Every vote on this bill

Bill text

CLASS B AND CLASS C ROAD FUND AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Johnny Anderson
Senate Sponsor: 
Alvin B. Jackson
LONG TITLE
General Description:
This bill modifies the Transportation Code by amending provisions relating to funding
for class B and class C roads.
Highlighted Provisions:
This bill:
▸ amends the apportionment formula for funds available for use on class B and class
C roads; and 
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides for retrospective operation.
Utah Code Sections Affected:
AMENDS:
72-2-108
, as last amended by Laws of Utah 2015, Chapter 275
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-2-108
 is amended to read:
72-2-108.
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) 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.
(d) "Weighted mileage" means the sum of the following:
(i) paved road miles multiplied by five; and
(ii) all other road type road miles multiplied by two.
(2) Subject to the provisions of Subsections (3) through (5), funds in the class B and
class C roads account shall be apportioned among counties and municipalities in the following
manner:
(a) 50% in the ratio that the class B roads weighted mileage within each county and
class C roads weighted mileage within each municipality bear to the total class B and class C
roads weighted mileage within the state; and
(b) 50% in the ratio that the population of a county 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, except that if population estimates are not available
from the United States Bureau of Census, population figures shall be derived from the estimate
from the Utah Population Estimates Committee.
(3) For purposes of Subsection (2)(b), "the population of a county" means:
(a) the population of a county outside the corporate limits of municipalities in that
county, if the population 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 municipalities; and
(b) if the population 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 municipalities in that
county shall be reduced by an amount equal to the difference between:
(A) 14%; and
(B) the actual percentage of population outside the corporate limits of 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) If an apportionment under Subsection (2) [
for
] 
made in
 fiscal year [
]
2013-14
 to a county or municipality with a population of less than 14,000 is less than 120% of
the amount apportioned to the county or municipality from the class B and class C roads
account [
for
] 
in
 fiscal year 1996-97, the department shall:
(i) reapportion the funds under Subsection (2) to ensure that the county or municipality
receives an amount equal to
:
(A)
 the amount apportioned to the county or municipality from the class B and class C
roads account [
for
] 
in
 fiscal year 1996-97
; plus
(B) the amount apportioned to the county or municipality from the class B and class C
roads account in fiscal year 1996-97
 multiplied by the percentage increase in the class B and
class C roads account from fiscal year 1996-97 to the most recently completed fiscal year; and
(ii) decrease proportionately as provided in Subsection (4)(b) the apportionments to
counties and municipalities for which the reapportionment under Subsection (4)(a)(i) does not
apply.
(b) The aggregate amount of the funds that the department shall decrease
proportionately from the apportionments under Subsection (4)(a)(ii) is an amount equal to the
aggregate amount reapportioned to counties and municipalities under Subsection (4)(a)(i).
(5) (a) In addition to the apportionment adjustments made under Subsection (4), a
county or municipality that qualifies for reapportioned money under Subsection (4)(a)(i) shall
receive the percentage change in the class B and class C roads account compounded annually
beginning in fiscal year 2006-07.
(b) The adjustment under Subsection (5)(a) shall be made in the same way as provided
in Subsection (4)(a)(ii) and (b).
(6) The governing body of any municipality or county may issue bonds redeemable up
to a period of 10 years under Title 11, Chapter 14, Local Government Bonding 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.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 3. 
Retrospective operation.
This bill has retrospective operation beginning on January 1, 2016.