(1) Notwithstanding any other provision of law, for state fiscal year 2009-10 and for each succeeding state fiscal year the allocation of the surcharges, fees, and fines imposed and credited to the highway users tax fund created in section 43-4-201 (1)(a) pursuant to section 43-4-804 (1) and allocated to the state highway fund, counties, and municipalities as specified in section 43-4-205 (6.3) shall be modified as follows:
(a) The allocation to the state highway fund shall be increased by five million dollars.
(b) The allocation to counties shall be reduced by two million seven hundred fifty thousand dollars.
(c) The allocation to municipalities shall be reduced by two million two hundred fifty thousand dollars.
(2) For state fiscal year 2009-10 and for each succeeding state fiscal year, five million dollars of the moneys allocated to the state highway fund pursuant to section 43-4-205 (6.3) shall be credited to the state transit and rail fund, which is hereby created in the state treasury, and used by the state transit and rail division created in section 43-1-117.5 (1), enacted by Senate Bill 09-094, enacted in 2009, to provide grants to local governments for local transit projects; except that no funds shall be used for the condemnation of land for the purpose of relocating a rail corridor or rail line.