1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0144* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 144 |
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8 | 8 | | Q5 2lr0913 |
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9 | 9 | | HB 957/18 – W&M (PRE–FILED) |
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10 | 10 | | By: Delegates Morgan, Arentz, Arikan, Buckel, Clark, Cox, M. Fisher, Hartman, |
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11 | 11 | | Hornberger, Krebs, Reilly, Saab, Szeliga, and Thiam |
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12 | 12 | | Requested: October 22, 2021 |
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13 | 13 | | Introduced and read first time: January 12, 2022 |
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14 | 14 | | Assigned to: Ways and Means |
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15 | 15 | | |
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16 | 16 | | A BILL ENTITLED |
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17 | 17 | | |
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18 | 18 | | AN ACT concerning 1 |
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19 | 19 | | |
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20 | 20 | | Motor Fuel Tax Rates – Consumer Price Index Adjustment – Repeal 2 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of repealing a requirement that certain motor fuel tax rates be adjusted 3 |
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23 | 23 | | in future years based on growth in the Consumer Price Index for All Urban 4 |
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24 | 24 | | Consumers; and generally relating to motor fuel tax rates. 5 |
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25 | 25 | | |
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26 | 26 | | BY repealing and reenacting, with amendments, 6 |
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27 | 27 | | Article – Tax – General 7 |
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28 | 28 | | Section 9–305 8 |
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29 | 29 | | Annotated Code of Maryland 9 |
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30 | 30 | | (2016 Replacement Volume and 2021 Supplement) 10 |
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31 | 31 | | |
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32 | 32 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 |
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33 | 33 | | That the Laws of Maryland read as follows: 12 |
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34 | 34 | | |
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35 | 35 | | Article – Tax – General 13 |
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36 | 36 | | |
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37 | 37 | | 9–305. 14 |
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38 | 38 | | |
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39 | 39 | | (a) Except as provided in subsection (b) of this section, the motor fuel tax rate is: 15 |
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40 | 40 | | |
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41 | 41 | | (1) 7 cents for each gallon of aviation gasoline; 16 |
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42 | 42 | | |
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43 | 43 | | (2) 23.5 cents for each gallon of gasoline other than aviation gasoline; 17 |
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44 | 44 | | |
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45 | 45 | | (3) 24.25 cents for each gallon of special fuel other than clean–burning fuel 18 |
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46 | 46 | | or turbine fuel; 19 |
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47 | 47 | | 2 HOUSE BILL 144 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | (4) 7 cents for each gallon of turbine fuel; and 1 |
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51 | 51 | | |
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52 | 52 | | (5) 23.5 cents for each gasoline–equivalent gallon of clean–burning fuel 2 |
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53 | 53 | | except electricity. 3 |
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54 | 54 | | |
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55 | 55 | | (b) (1) The motor fuel tax rates specified in subsection (a)(2), (3), and (5) of this 4 |
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56 | 56 | | section shall be increased on July 1, 2013, [and] July 1 [of each subsequent year], 2014, 5 |
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57 | 57 | | JULY 1, 2015, JULY 1, 2016, JULY 1, 2017, JULY 1, 2018, JULY 1, 2019, JULY 1, 2020, 6 |
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58 | 58 | | AND JULY 1, 2021, in accordance with this subsection. 7 |
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59 | 59 | | |
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60 | 60 | | (2) On or before June 1 [of each year], 2013, JUNE 1, 2014, JUNE 1, 8 |
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61 | 61 | | 2015, JUNE 1, 2016, JUNE 1, 2017, JUNE 1, 2018, JUNE 1, 2019, JUNE 1, 2020, AND 9 |
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62 | 62 | | JUNE 1, 2021, the Comptroller shall determine and announce: 10 |
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63 | 63 | | |
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64 | 64 | | (i) the growth in the Consumer Price Index for all urban consumers 11 |
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65 | 65 | | as determined by the Comptroller under paragraph (3) of this subsection; and 12 |
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66 | 66 | | |
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67 | 67 | | (ii) the motor fuel tax rates effective for the fiscal year beginning on 13 |
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68 | 68 | | the following July 1 as determined by the Comptroller under paragraph (4) of this 14 |
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69 | 69 | | subsection. 15 |
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70 | 70 | | |
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71 | 71 | | (3) (i) In this paragraph, “Consumer Price Index for all urban 16 |
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72 | 72 | | consumers” means the index published monthly by the Bureau of Labor Statistics of the 17 |
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73 | 73 | | U.S. Department of Labor that is the U.S. city average of all items in a basket of consumer 18 |
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74 | 74 | | goods and services. 19 |
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75 | 75 | | |
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76 | 76 | | (ii) The percentage growth in the Consumer Price Index for all urban 20 |
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77 | 77 | | consumers shall be determined by comparing the average of the index for the 12 months 21 |
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78 | 78 | | ending on the preceding April 30 to the average of the index for the prior 12 months. 22 |
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79 | 79 | | |
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80 | 80 | | (4) Subject to paragraph (5) of this subsection, on July 1 [of each year], 23 |
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81 | 81 | | 2013, JULY 1, 2014, JULY 1, 2015, JULY 1, 2016, JULY 1, 2017, JULY 1, 2018, JULY 24 |
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82 | 82 | | 1, 2019, JULY 1, 2020, AND JULY 1, 2021, each motor fuel tax rate specified in subsection 25 |
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83 | 83 | | (a)(2), (3), and (5) of this section shall be increased by the amount, rounded to the nearest 26 |
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84 | 84 | | one–tenth of a cent, that equals the product of multiplying: 27 |
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85 | 85 | | |
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86 | 86 | | (i) the motor fuel tax rate in effect on the date of the Comptroller’s 28 |
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87 | 87 | | announcement under paragraph (2) of this subsection; and 29 |
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88 | 88 | | |
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89 | 89 | | (ii) the percentage growth in the Consumer Price Index for all urban 30 |
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90 | 90 | | consumers. 31 |
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91 | 91 | | |
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92 | 92 | | (5) (i) If there is a decline or no growth in the Consumer Price Index for 32 |
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93 | 93 | | all urban consumers, the motor fuel tax rates shall remain unchanged. 33 |
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94 | 94 | | |
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95 | 95 | | (ii) Any increase in the motor fuel tax rates under paragraph (4) of 34 HOUSE BILL 144 3 |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | this subsection may not be greater than 8% of the motor fuel tax rate effective in the 1 |
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99 | 99 | | previous year. 2 |
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100 | 100 | | |
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101 | 101 | | (6) The Comptroller shall require any person possessing tax–paid motor 3 |
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102 | 102 | | fuel for sale at the start of business on the date of an increase in the motor fuel tax under 4 |
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103 | 103 | | this subsection to compile and file an inventory of the motor fuel held at the close of 5 |
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104 | 104 | | business on the immediately preceding date and remit within 30 days any additional motor 6 |
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105 | 105 | | fuel tax that is due on the motor fuel. 7 |
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106 | 106 | | |
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107 | 107 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 8 |
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108 | 108 | | 1, 2022. 9 |
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109 | 109 | | |
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