# Title 39 — Motor Vehicles

## Chapter 39-04.2 — Public Transportation

### § 39-04.2-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Public transportation" means the vehicular transportation of persons from place to
place within this state, but does not include the provision of transportation facilities
otherwise provided by public funds, such as roads, streets, highways, bridges, lighting
equipment, or signs.
2. "Ridership" means a one-way trip provided to any one person in a motorized vehicle
designed to carry eight or more persons in an enclosed area with separate seating for
each person.
3. "Transportation provider" means a political subdivision, tribal agency, or any nonprofit
corporation that provides transportation to the public, especially to elderly and
handicapped citizens.
### § 39-04.2-02. Public transportation fund - Administration of the fund.

The director shall administer the public transportation fund. Payments disbursed under this
chapter must be paid from moneys deposited in the fund. The expenses arising from
administration of the fund must be paid from the fund within the limits of legislative
appropriations.
### § 39-04.2-03. Additional registration fee - Deposit in fund.

Repealed by S.L. 2009, ch. 40, § 26.
### § 39-04.2-04. Distribution of funds - Continuing appropriation.

1. Moneys in the public transportation fund must be disbursed under guidelines issued by
the director. The funds must be used by transportation providers to establish and
maintain public transportation, especially for the elderly and handicapped, and may be
used to contract to provide public transportation, as matching funds to procure money
from other sources for public transportation and for other expenditures authorized by
the director. Moneys in the public transportation fund are appropriated to the
department of transportation on a continuing basis for distributions authorized under
this section.
2. Each county shall receive a base amount of four-tenths of one percent of the
appropriation for the program plus one dollar and fifty cents per capita of population in
the county, based upon the latest regular or special official federal census. Each year
the director shall increase or decrease the one dollar and fifty cents per capita amount
in order to distribute all funds appropriated for the biennium. If there are multiple
transportation providers in one county, then the base amount must be divided equally
among the providers and the additional per capita amount must be based upon the
percentage of elderly and handicapped ridership provided by each transportation
provider within the county. Funds not expended by a county during a contract period,
or previous contract periods, may be redistributed under guidelines established by the
director. In addition, unexpended funds may also be used by the director for transit
coordination purposes.
