EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0726* SENATE BILL 726 R1 2lr1716 SB 362/21 – B&T CF HB 1187 By: Senators McCray, Edwards, Waldstreicher, Guzzone, Zucker, Sydnor, Smith, Kramer, Klausmeier, Ready, Benson, Corderman, Gallion, Griffith, Hester, Elfreth, Carter, Hayes, Beidle, Augustine, Hettleman, Young, Rosapepe, Hershey, Ellis, Eckardt, and Kagan Kagan, Carozza, Jackson, and Salling Introduced and read first time: February 7, 2022 Assigned to: Budget and Taxation Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 25, 2022 CHAPTER ______ AN ACT concerning 1 Transportation – Highway User Revenues – Revenue and Distribution 2 FOR the purpose of altering the amount of income tax revenue from corporations that is 3 distributed to a certain fund each year; altering the amounts of certain capital grants 4 calculated based on highway user revenues that are required to be appropriated to 5 Baltimore City, counties, and municipalities in certain fiscal years; and generally 6 relating to revenue for and distributions of highway user revenues. 7 BY repealing and reenacting, with amendments, 8 Article – Tax – General 9 Section 2–614 10 Annotated Code of Maryland 11 (2016 Replacement Volume and 2021 Supplement) 12 BY repealing and reenacting, with amendments, 13 Article – Transportation 14 Section 8–402 and 8–403 15 Annotated Code of Maryland 16 (2020 Replacement Volume and 2021 Supplement) 17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 That the Laws of Maryland read as follows: 19 2 SENATE BILL 726 Article – Tax – General 1 2–614. 2 (a) (1) Except as provided in paragraph (2) of this subsection, after making the 3 distributions required under §§ 2–613 and 2–613.1 of this subtitle, the Comptroller shall 4 distribute monthly [17.2%] 20% of the remaining income tax revenue from corporations to 5 a special fund to be distributed as provided in subsection (b) of this section. 6 (2) The percent of the remaining income tax revenue from corporations 7 distributed to a special fund to be distributed as provided in subsection (b) of this section 8 shall be: 9 (i) [24%] 17.2% for the fiscal year beginning July 1, [2011] 2022; 10 (ii) [9.5%] 20% for the fiscal year beginning July 1, [2012] 2023; 11 [and] 12 (iii) 21% FOR THE FISCAL YEAR BEGINNING JULY 1, 2024; AND 13 (IV) [19.5%] 22% for each fiscal year beginning on or after July 1, 14 [2013] 2025, but before July 1, [2016] 2027. 15 (b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, from 16 the special fund, the Comptroller shall distribute an amount equal to [17.2%] 20% of the 17 cost to administer the income tax on corporations to an administrative cost account. 18 (ii) The percent of the cost to administer the income tax on 19 corporations that is distributed to an administrative cost account shall be: 20 1. [24%] 17.2% for the fiscal year beginning July 1, [2011] 21 2022; 22 2. [9.5%] 20% for the fiscal year beginning July 1, [2012] 23 2023; [and] 24 3. 21% FOR THE FISCAL YEAR BEGINNING JULY 1, 2024; 25 AND 26 4. [19.5%] 22% for each fiscal year beginning on or after July 27 1, [2013] 2025, but before July 1, [2016] 2027. 28 (2) After making the distribution required under paragraph (1) of this 29 subsection, the Comptroller shall distribute the balance in the special fund to the Gasoline 30 and Motor Vehicle Revenue Account in the Transportation Trust Fund. 31 SENATE BILL 726 3 Article – Transportation 1 8–402. 2 (a) There is a Gasoline and Motor Vehicle Revenue Account in the Transportation 3 Trust Fund. 4 (b) All revenues collected from the following, after deductions provided by law, 5 shall be credited to the Gasoline and Motor Vehicle Revenue Account: 6 (1) All of the motor vehicle fuel tax; 7 (2) Except as otherwise provided by law, two–thirds of the vehicle titling 8 tax; 9 (3) Except for revenues collected under Title 13, Subtitle 9, Parts III and 10 IV of this article, vehicle registration fees; 11 (4) The revenue disbursed to this Account under § 2 –614 of the 12 Tax – General Article; and 13 (5) [80 percent] 80% of the funds distributed on short–term vehicle rentals 14 under § 2–1302.1 of the Tax – General Article to the Transportation Trust Fund from the 15 sales and use tax. 16 (c) [(1) For fiscal year 2019: 17 (i) 90.4% of the revenue credited to the Account may be used as 18 provided in § 3–216 of this article; and 19 (ii) The balance of the Account shall be used to pay the allocations of 20 highway user revenues provided by this subtitle to the counties, municipalities, and 21 Baltimore City. 22 (2)] For fiscal year 2020 and each fiscal year thereafter, revenue credited to 23 the Account shall be used as provided in § 3–216 of this article. 24 8–403. 25 (a) [Subject to §§ 3–307 and 3–308 of this article, for fiscal year 2019, from the 26 total highway user revenues: 27 (1) An amount equal to 7.7% of total highway user revenues shall be 28 distributed to Baltimore City in monthly installments; 29 4 SENATE BILL 726 (2) An amount shall be distributed to the counties at the times specified in 1 § 8–407 of this subtitle, to be allocated as provided in § 8–404 of this subtitle, equal to 1.5% 2 of total highway user revenues; and 3 (3) An amount shall be distributed to the municipalities at the times 4 specified in § 8–407 of this subtitle, to be allocated as provided in § 8–405 of this subtitle, 5 equal to 0.4% of total highway user revenues. 6 (b) (1)] Subject to [paragraph (3) of this subsection] SUBSECTION (C) OF THIS 7 SECTION, for fiscal years 2020 through 2024 2023, capital grants shall be appropriated 8 from the Transportation Trust Fund as provided in § 3–216 of this article based on the 9 following calculations: 10 [(i)] (1) An amount equal to 8.3% of funds credited to the Gasoline 11 and Motor Vehicle Revenue Account shall be appropriated to Baltimore City; 12 [(ii)] (2) An amount equal to 3.2% of funds credited to the Gasoline 13 and Motor Vehicle Revenue Account shall be appropriated to the counties to be distributed 14 as provided in § 8–404 of this subtitle; and 15 [(iii)] (3) An amount equal to 2.0% of funds credited to the Gasoline 16 and Motor Vehicle Revenue Account shall be appropriated to the municipalities to be 17 distributed as provided in § 8–405 of this subtitle. 18 [(2)] (B) Subject to [paragraph (3) of this subsection] SUBSECTION (C) 19 OF THIS SECTION , for fiscal year 2025 and each fiscal year thereafter, capital grants shall 20 be appropriated from the Transportation Trust Fund as provided in § 3–216 of this article 21 based on the following calculations: 22 (1) FOR FISCAL YEAR 2024: 23 (I) AN AMOUNT EQUAL TO 9.5% OF FUNDS CREDITED TO TH E 24 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 25 BALTIMORE CITY; 26 (II) AN AMOUNT EQUAL TO 3.7% OF FUNDS CREDITED TO THE 27 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 28 THE COUNTIES TO BE D ISTRIBUTED AS PROVIDED IN § 8–404 OF THIS SUBTITLE; AND 29 (III) AN AMOUNT EQUAL TO 2.4% OF FUNDS CREDITED TO THE 30 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 31 THE MUNICIPALITIES T O BE DISTRIBUTED AS PROVIDED IN § 8–405 OF THIS 32 SUBTITLE; 33 (2) FOR FISCAL YEAR 2025: 34 SENATE BILL 726 5 (I) AN AMOUNT EQUAL TO 11% OF FUNDS CREDITED TO THE 1 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 2 BALTIMORE CITY; 3 (II) AN AMOUNT EQUAL TO 4.3% OF FUNDS CREDITED TO THE 4 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 5 THE COUNTIES TO BE D ISTRIBUTED AS PROVID ED IN § 8–404 OF THIS SUBTITLE; AND 6 (III) AN AMOUNT EQUAL TO 2.7% OF FUNDS CREDITED TO THE 7 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 8 THE MUNICIPA LITIES TO BE DISTRIB UTED AS PROVIDED IN § 8–405 OF THIS 9 SUBTITLE; 10 (3) FOR FISCAL YEAR 2026: 11 (I) AN AMOUNT EQUAL TO 12.2% OF FUNDS CREDITED TO THE 12 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 13 BALTIMORE CITY; 14 (II) AN AMOUNT EQUAL TO 4.8% OF FUNDS CREDITED TO THE 15 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 16 THE COUNTIES TO BE D ISTRIBUTED AS PROVID ED IN § 8–404 OF THIS SUBTITLE; AND 17 (III) AN AMOUNT EQUAL TO 3.0% OF FUNDS CREDITED TO THE 18 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 19 THE MUNICIPALITIES T O BE DISTRIBUTED AS PROVIDED IN § 8–405 OF THIS 20 SUBTITLE; 21 (4) FOR FISCAL YEAR 2027: 22 (I) AN AMOUNT EQUAL TO 12.2% OF FUNDS CREDITED TO THE 23 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPRO PRIATED TO 24 BALTIMORE CITY; 25 (II) AN AMOUNT EQUAL TO 4.8% OF FUNDS CREDITED TO THE 26 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 27 THE COUNTIES TO BE D ISTRIBUTED AS PROVID ED IN § 8–404 OF THIS SUBTITLE; AND 28 (III) AN AMOUNT EQUAL TO 3.0% OF FUNDS CREDITED TO THE 29 GASOLINE AND MOTOR VEHICLE REVENUE ACCOUNT SHALL BE APPR OPRIATED TO 30 THE MUNICIPALITIES T O BE DISTRIBUTED AS PROVIDED IN § 8–405 OF THIS 31 SUBTITLE; AND 32 6 SENATE BILL 726 (5) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER: 1 [(i)] (1) An amount equal to [7.7%] 12.1% 9.5% of funds credited 2 to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to Baltimore 3 City; 4 [(ii)] (2) An amount equal to [1.5%] 15.3% 3.7% of funds credited 5 to the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the counties 6 to be distributed as provided in § 8–404 of this subtitle; and 7 [(iii)] (3) An amount equal to [0.4%] 2.6% 2.4% of funds credited to 8 the Gasoline and Motor Vehicle Revenue Account shall be appropriated to the 9 municipalities to be distributed as provided in § 8–405 of this subtitle. 10 [(3)] (C) The capital grants made under this subtitle shall be appropriated 11 only if all debt service requirements and departmental operating expenses have been 12 funded and sufficient funds are available to fund the capital program. 13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 1, 2022. 15 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.