The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Martha S. Hess.
DIGEST
SB 188 Original 2022 Regular Session McMath
Present law provides that beginning FY 2023-2024, 30% of the avails of the taxes from the sale, use,
or lease of motor vehicles taxable pursuant to present law shall be deposited into the Construction
Subfund of the Transportation Trust Fund (subfund). Provides that for FY 2024-2025 and each
fiscal year thereafter, 60% of the avails of the taxes from the sale, use, or lease of motor vehicles
taxable pursuant to existing law shall be deposited into the subfund.
Present law further provides that the Dept. of Transportation and Development (department) shall
utilize up to 75% of the monies deposited into the subfund pursuant to present law on certain
enumerated mega projects.
Proposed law reduces the percent of the monies deposited into the subfund to be used on certain
enumerated mega projects from 75% to 65% and proposed law provides that 10% of the monies
deposited into the subfund shall be deposited into the Transportation Rapid Response Fund (fund)
created in the subfund.
Proposed law provides that all unexpended and unencumbered monies in the fund at the end of the
fiscal year shall remain in the fund. Monies in the fund shall be invested by the state treasurer in the
same manner as those in the state general fund, and any interest earned on the investment of monies
in the fund shall be credited to the fund.
Proposed law further provides that monies in the fund shall be available for appropriation to the
department. Such appropriations shall be used by the secretary of the department for all or a portion
of state highway priority projects with construction estimates of $1,000,000 or less. The secretary
of the department shall annually prepare a list of the projects the secretary proposes to be funded
from the fund, and shall allocate the projects among the nine state highway districts as equitably as
possible.
Proposed law provides that the secretary shall then submit the list to the Senate and the House
Committees on Transportation, Highways and Public Works, who shall meet jointly to review and
approve the list proposed by the secretary. The committees acting jointly may revise the list
provided that all projects shall be state highway priority projects with construction estimates of
$1,000,000 or less and projects are allocated as equally as possible among the nine state highway
districts.
Proposed law prohibits the monies in the fund to be used as the security for debt issued by the state
nor shall monies in the fund be used for the payment of debt secured by the Construction Subfund
nor the Transportation Trust Fund. Effective July 1, 2023.
(Amends R.S. 48:77(C)(intro para) and (E); adds R.S. 48:77(F))