Rhode Island 2025 Regular Session

Rhode Island House Bill H5467 Compare Versions

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55 2025 -- H 5467
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR FUEL TAX
1616 Introduced By: Representatives Stewart, Cotter, Kislak, Morales, Hull, J. Lombardi,
1717 Tanzi, and Handy
1818 Date Introduced: February 12, 2025
1919 Referred To: House Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel 1
2424 Tax" is hereby amended to read as follows: 2
2525 31-36-20. Disposition of proceeds. 3
2626 (a) Notwithstanding any other provision of law to the contrary, all moneys paid into the 4
2727 general treasury under the provisions of this chapter or chapter 37 of this title, and title 46 shall be 5
2828 applied to and held in a separate fund and be deposited in any depositories that may be selected by 6
2929 the general treasurer to the credit of the fund, which fund shall be known as the Intermodal Surface 7
3030 Transportation Fund; provided, that in fiscal year 2004 for the months of July through April six and 8
3131 eighty-five hundredth cents ($0.0685) per gallon of the tax imposed and accruing for the liability 9
3232 under the provisions of § 31-36-7, less refunds and credits, shall be transferred to the Rhode Island 10
3333 public transit authority as provided under § 39-18-21. For the months of May and June in fiscal 11
3434 year 2004, the allocation shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal 12
3535 year 2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal years 13
3636 2006 through FY 2008, the allocation shall be seven and twenty-five hundredth cents ($0.0725); 14
3737 provided, that expenditures shall include the costs of a market survey of non-transit users and a 15
3838 management study of the agency to include the feasibility of moving the Authority into the 16
3939 Department of Transportation, both to be conducted under the auspices of the state budget officer. 17
4040 The state budget officer shall hire necessary consultants to perform the studies, and shall direct 18
4141 payment by the Authority. Both studies shall be transmitted by the Budget Officer to the 2006 19
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4545 session of the General Assembly, with comments from the Authority. For fiscal year 2009, the 1
4646 allocation shall be seven and seventy-five hundredth cents ($0.0775), of which one-half cent 2
4747 ($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee 3
4848 pursuant to § 46-12.9-11. For fiscal years 2010 and thereafter through 2025, the allocation shall be 4
4949 nine and seventy-five hundredth cents ($0.0975), of which of one-half cent ($0.005) shall be 5
5050 derived from the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-6
5151 11. For fiscal years 2026 and thereafter, the allocation shall be thirty percent (30%) of the total 7
5252 proceeds, including thirty percent (30%) derived from the one cent ($0.01) per gallon 8
5353 environmental protection fee pursuant to § 46-12.9-11. One cent ($0.01) per gallon shall be 9
5454 transferred to the Elderly/Disabled Transportation Program of the department of human services, 10
5555 and the remaining cents per gallon shall be available for general revenue as determined by the 11
5656 following schedule: 12
5757 (i) For the fiscal year 2000, three and one-fourth cents ($0.0325) shall be available for 13
5858 general revenue. 14
5959 (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for 15
6060 general revenue. 16
6161 (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general 17
6262 revenue. 18
6363 (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for 19
6464 general revenue. 20
6565 (v) For the months of July through April in fiscal year 2004, one and four-tenths cents 21
6666 ($0.014) shall be available for general revenue. For the months of May through June in fiscal year 22
6767 2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter, 23
6868 until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006 24
6969 through fiscal year 2009 one cent ($0.01) shall be available for general revenue. 25
7070 (2) All deposits and transfers of funds made by the tax administrator under this section, 26
7171 including those to the Rhode Island public transit authority, the department of human services, the 27
7272 Rhode Island turnpike and bridge authority, and the general fund, shall be made within twenty-four 28
7373 (24) hours of receipt or previous deposit of the funds in question. 29
7474 (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of 30
7575 Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by 31
7676 the Director of the Rhode Island Department of Transportation, or his or her designee, or at the 32
7777 election of the Director of the Rhode Island Department of Transportation, with the approval of the 33
7878 Director of the Department of Administration, to an indenture trustee, administrator, or other third 34
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8282 party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in 1
8383 order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and 2
8484 Enactment Approving the Financing of Various Department of Transportation Projects adopted 3
8585 during the 2003 session of the General Assembly, and approved by the Governor. 4
8686 (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be transferred 5
8787 to the Rhode Island Turnpike and Bridge Authority to be used for maintenance, operations, capital 6
8888 expenditures and debt service on any of its projects as defined in chapter 12 of title 24 in lieu of a 7
8989 toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge authority is authorized to 8
9090 remit to an indenture trustee, administrator, or other third-party fiduciary any or all of the foregoing 9
9191 transfers in order to satisfy and/or secure its revenue bonds and notes and/or debt service payments 10
9292 thereon, including, but not limited to, the bonds and notes issued pursuant to the Joint Resolution 11
9393 set forth in Section 3 of Article 6 of Chapter 23 of the Public Laws of 2010. Notwithstanding any 12
9494 other provision of said Joint Resolution, the Rhode Island turnpike and bridge authority is expressly 13
9595 authorized to issue bonds and notes previously authorized under said Joint Resolution for the 14
9696 purpose of financing all expenses incurred by it for the formerly authorized tolling of the Sakonnet 15
9797 River Bridge and the termination thereof. 16
9898 (b) Notwithstanding any other provision of law to the contrary, all other funds in the fund 17
9999 shall be dedicated to the department of transportation, subject to annual appropriation by the general 18
100100 assembly. The director of transportation shall submit to the general assembly, budget office and 19
101101 office of the governor annually an accounting of all amounts deposited in and credited to the fund 20
102102 together with a budget for proposed expenditures for the succeeding fiscal year in compliance with 21
103103 §§ 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized 22
104104 and directed to draw his or her orders upon the general treasurer for the payments of any sum or 23
105105 portion of the sum that may be required from time to time upon receipt of properly authenticated 24
106106 vouchers. 25
107107 (c) At any time the amount of the fund is insufficient to fund the expenditures of the 26
108108 department of transportation, not to exceed the amount authorized by the general assembly, the 27
109109 general treasurer is authorized, with the approval of the governor and the director of administration, 28
110110 in anticipation of the receipts of monies enumerated in this section to advance sums to the fund, for 29
111111 the purposes specified in this section, any funds of the state not specifically held for any particular 30
112112 purpose. However, all the advances made to the fund shall be returned to the general fund 31
113113 immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the 32
114114 extent of the advances. 33
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118118 SECTION 2. This act shall take effect upon passage. 1
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125125 EXPLANATION
126126 BY THE LEGISLATIVE COUNCIL
127127 OF
128128 A N A C T
129129 RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR FUEL TAX
130130 ***
131131 This act would extend through 2025 the allocation of motor fuel tax to the Intermodal 1
132132 Surface Transportation Fund. This act would change the allocation to thirty percent (30%) of the 2
133133 total proceeds, including thirty percent (30%) derived from the one cent ($0.01) per gallon 3
134134 environmental protection fee pursuant to § 46-12.9-11 through 2026 and thereafter. 4
135135 This act would take effect upon passage. 5
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