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5 | 5 | | 2025 -- H 5467 |
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6 | 6 | | ======== |
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7 | 7 | | LC000988 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR FUEL TAX |
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16 | 16 | | Introduced By: Representatives Stewart, Cotter, Kislak, Morales, Hull, J. Lombardi, |
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17 | 17 | | Tanzi, and Handy |
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18 | 18 | | Date Introduced: February 12, 2025 |
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19 | 19 | | Referred To: House Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel 1 |
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24 | 24 | | Tax" is hereby amended to read as follows: 2 |
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25 | 25 | | 31-36-20. Disposition of proceeds. 3 |
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26 | 26 | | (a) Notwithstanding any other provision of law to the contrary, all moneys paid into the 4 |
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27 | 27 | | general treasury under the provisions of this chapter or chapter 37 of this title, and title 46 shall be 5 |
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28 | 28 | | applied to and held in a separate fund and be deposited in any depositories that may be selected by 6 |
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29 | 29 | | the general treasurer to the credit of the fund, which fund shall be known as the Intermodal Surface 7 |
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30 | 30 | | Transportation Fund; provided, that in fiscal year 2004 for the months of July through April six and 8 |
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31 | 31 | | eighty-five hundredth cents ($0.0685) per gallon of the tax imposed and accruing for the liability 9 |
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32 | 32 | | under the provisions of § 31-36-7, less refunds and credits, shall be transferred to the Rhode Island 10 |
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33 | 33 | | public transit authority as provided under § 39-18-21. For the months of May and June in fiscal 11 |
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34 | 34 | | year 2004, the allocation shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal 12 |
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35 | 35 | | year 2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal years 13 |
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36 | 36 | | 2006 through FY 2008, the allocation shall be seven and twenty-five hundredth cents ($0.0725); 14 |
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37 | 37 | | provided, that expenditures shall include the costs of a market survey of non-transit users and a 15 |
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38 | 38 | | management study of the agency to include the feasibility of moving the Authority into the 16 |
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39 | 39 | | Department of Transportation, both to be conducted under the auspices of the state budget officer. 17 |
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40 | 40 | | The state budget officer shall hire necessary consultants to perform the studies, and shall direct 18 |
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41 | 41 | | payment by the Authority. Both studies shall be transmitted by the Budget Officer to the 2006 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000988 - Page 2 of 5 |
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45 | 45 | | session of the General Assembly, with comments from the Authority. For fiscal year 2009, the 1 |
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46 | 46 | | allocation shall be seven and seventy-five hundredth cents ($0.0775), of which one-half cent 2 |
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47 | 47 | | ($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee 3 |
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48 | 48 | | pursuant to § 46-12.9-11. For fiscal years 2010 and thereafter through 2025, the allocation shall be 4 |
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49 | 49 | | nine and seventy-five hundredth cents ($0.0975), of which of one-half cent ($0.005) shall be 5 |
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50 | 50 | | derived from the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-6 |
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51 | 51 | | 11. For fiscal years 2026 and thereafter, the allocation shall be thirty percent (30%) of the total 7 |
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52 | 52 | | proceeds, including thirty percent (30%) derived from the one cent ($0.01) per gallon 8 |
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53 | 53 | | environmental protection fee pursuant to § 46-12.9-11. One cent ($0.01) per gallon shall be 9 |
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54 | 54 | | transferred to the Elderly/Disabled Transportation Program of the department of human services, 10 |
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55 | 55 | | and the remaining cents per gallon shall be available for general revenue as determined by the 11 |
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56 | 56 | | following schedule: 12 |
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57 | 57 | | (i) For the fiscal year 2000, three and one-fourth cents ($0.0325) shall be available for 13 |
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58 | 58 | | general revenue. 14 |
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59 | 59 | | (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for 15 |
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60 | 60 | | general revenue. 16 |
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61 | 61 | | (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general 17 |
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62 | 62 | | revenue. 18 |
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63 | 63 | | (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for 19 |
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64 | 64 | | general revenue. 20 |
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65 | 65 | | (v) For the months of July through April in fiscal year 2004, one and four-tenths cents 21 |
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66 | 66 | | ($0.014) shall be available for general revenue. For the months of May through June in fiscal year 22 |
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67 | 67 | | 2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter, 23 |
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68 | 68 | | until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006 24 |
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69 | 69 | | through fiscal year 2009 one cent ($0.01) shall be available for general revenue. 25 |
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70 | 70 | | (2) All deposits and transfers of funds made by the tax administrator under this section, 26 |
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71 | 71 | | including those to the Rhode Island public transit authority, the department of human services, the 27 |
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72 | 72 | | Rhode Island turnpike and bridge authority, and the general fund, shall be made within twenty-four 28 |
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73 | 73 | | (24) hours of receipt or previous deposit of the funds in question. 29 |
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74 | 74 | | (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of 30 |
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75 | 75 | | Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by 31 |
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76 | 76 | | the Director of the Rhode Island Department of Transportation, or his or her designee, or at the 32 |
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77 | 77 | | election of the Director of the Rhode Island Department of Transportation, with the approval of the 33 |
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78 | 78 | | Director of the Department of Administration, to an indenture trustee, administrator, or other third 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000988 - Page 3 of 5 |
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82 | 82 | | party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in 1 |
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83 | 83 | | order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and 2 |
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84 | 84 | | Enactment Approving the Financing of Various Department of Transportation Projects adopted 3 |
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85 | 85 | | during the 2003 session of the General Assembly, and approved by the Governor. 4 |
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86 | 86 | | (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be transferred 5 |
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87 | 87 | | to the Rhode Island Turnpike and Bridge Authority to be used for maintenance, operations, capital 6 |
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88 | 88 | | expenditures and debt service on any of its projects as defined in chapter 12 of title 24 in lieu of a 7 |
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89 | 89 | | toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge authority is authorized to 8 |
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90 | 90 | | remit to an indenture trustee, administrator, or other third-party fiduciary any or all of the foregoing 9 |
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91 | 91 | | transfers in order to satisfy and/or secure its revenue bonds and notes and/or debt service payments 10 |
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92 | 92 | | thereon, including, but not limited to, the bonds and notes issued pursuant to the Joint Resolution 11 |
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93 | 93 | | set forth in Section 3 of Article 6 of Chapter 23 of the Public Laws of 2010. Notwithstanding any 12 |
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94 | 94 | | other provision of said Joint Resolution, the Rhode Island turnpike and bridge authority is expressly 13 |
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95 | 95 | | authorized to issue bonds and notes previously authorized under said Joint Resolution for the 14 |
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96 | 96 | | purpose of financing all expenses incurred by it for the formerly authorized tolling of the Sakonnet 15 |
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97 | 97 | | River Bridge and the termination thereof. 16 |
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98 | 98 | | (b) Notwithstanding any other provision of law to the contrary, all other funds in the fund 17 |
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99 | 99 | | shall be dedicated to the department of transportation, subject to annual appropriation by the general 18 |
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100 | 100 | | assembly. The director of transportation shall submit to the general assembly, budget office and 19 |
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101 | 101 | | office of the governor annually an accounting of all amounts deposited in and credited to the fund 20 |
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102 | 102 | | together with a budget for proposed expenditures for the succeeding fiscal year in compliance with 21 |
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103 | 103 | | §§ 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized 22 |
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104 | 104 | | and directed to draw his or her orders upon the general treasurer for the payments of any sum or 23 |
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105 | 105 | | portion of the sum that may be required from time to time upon receipt of properly authenticated 24 |
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106 | 106 | | vouchers. 25 |
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107 | 107 | | (c) At any time the amount of the fund is insufficient to fund the expenditures of the 26 |
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108 | 108 | | department of transportation, not to exceed the amount authorized by the general assembly, the 27 |
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109 | 109 | | general treasurer is authorized, with the approval of the governor and the director of administration, 28 |
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110 | 110 | | in anticipation of the receipts of monies enumerated in this section to advance sums to the fund, for 29 |
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111 | 111 | | the purposes specified in this section, any funds of the state not specifically held for any particular 30 |
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112 | 112 | | purpose. However, all the advances made to the fund shall be returned to the general fund 31 |
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113 | 113 | | immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the 32 |
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114 | 114 | | extent of the advances. 33 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC000988 - Page 4 of 5 |
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118 | 118 | | SECTION 2. This act shall take effect upon passage. 1 |
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119 | 119 | | ======== |
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120 | 120 | | LC000988 |
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121 | 121 | | ======== |
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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | LC000988 - Page 5 of 5 |
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125 | 125 | | EXPLANATION |
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126 | 126 | | BY THE LEGISLATIVE COUNCIL |
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127 | 127 | | OF |
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128 | 128 | | A N A C T |
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129 | 129 | | RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR FUEL TAX |
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130 | 130 | | *** |
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131 | 131 | | This act would extend through 2025 the allocation of motor fuel tax to the Intermodal 1 |
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132 | 132 | | Surface Transportation Fund. This act would change the allocation to thirty percent (30%) of the 2 |
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133 | 133 | | total proceeds, including thirty percent (30%) derived from the one cent ($0.01) per gallon 3 |
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134 | 134 | | environmental protection fee pursuant to § 46-12.9-11 through 2026 and thereafter. 4 |
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135 | 135 | | This act would take effect upon passage. 5 |
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136 | 136 | | ======== |
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137 | 137 | | LC000988 |
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138 | 138 | | ======== |
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