2023 -- H 5618

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LC001404

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR FUEL TAX

     Introduced By: Representatives O'Brien, McEntee, Dawson, Shanley, Costantino,
Corvese, Baginski, Phillips, Craven, and Caldwell

     Date Introduced: February 15, 2023

     Referred To: House Finance

     (Rhode Island Public Transit Authority)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel

Tax" is hereby amended to read as follows:

     31-36-20. Disposition of proceeds.

     (a) Notwithstanding any other provision of law to the contrary, all moneys paid into the

general treasury under the provisions of this chapter or chapter 37 of this title, and title 46 shall be

applied to and held in a separate fund and be deposited in any depositories that may be selected by

the general treasurer to the credit of the fund, which fund shall be known as the Intermodal Surface

Transportation Fund; provided, that in fiscal year 2004 for the months of July through April six and

eighty-five hundredth cents ($0.0685) per gallon of the tax imposed and accruing for the liability

under the provisions of § 31-36-7, less refunds and credits, shall be transferred to the Rhode Island

public transit authority as provided under § 39-18-21. For the months of May and June in fiscal

year 2004, the allocation shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal

year 2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal years

2006 through FY 2008, the allocation shall be seven and twenty-five hundredth cents ($0.0725);

provided, that expenditures shall include the costs of a market survey of non-transit users and a

management study of the agency to include the feasibility of moving the Authority into the

Department of Transportation, both to be conducted under the auspices of the state budget officer.

The state budget officer shall hire necessary consultants to perform the studies, and shall direct

payment by the Authority. Both studies shall be transmitted by the Budget Officer to the 2006

session of the General Assembly, with comments from the Authority. For fiscal year 2009, the

allocation shall be seven and seventy-five hundredth cents ($0.0775), of which one-half cent

($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee

pursuant to § 46-12.9-11. For fiscal years 2010 and thereafter, the allocation shall be nine and

seventy-five hundredth cents ($0.0975), of which of one-half cent ($0.005) shall be derived from

the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-11. One Twenty-

one percent (21%) of one cent ($0.01) ($0.0021) per gallon shall be transferred to the

Elderly/Disabled Transportation Program of the department of human services, and the seventy-

nine percent (79%) of one cent ($0.0079) shall be directly transferred to the Rhode Island public

transit authority for the elderly/disabled transportation program. The remaining cents per gallon

shall be available for general revenue as determined by the following schedule:

     (i) For the fiscal year 2000, three and one-fourth cents ($0.0325) shall be available for

general revenue.

     (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for

general revenue.

     (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general

revenue.

     (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for

general revenue.

     (v) For the months of July through April in fiscal year 2004, one and four-tenths cents

($0.014) shall be available for general revenue. For the months of May through June in fiscal year

2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter,

until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006

through fiscal year 2009 one cent ($0.01) shall be available for general revenue.

     (2) All deposits and transfers of funds made by the tax administrator under this section,

including those to the Rhode Island public transit authority, the department of human services, the

Rhode Island turnpike and bridge authority, and the general fund, shall be made within twenty-four

(24) hours of receipt or previous deposit of the funds in question.

     (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of

Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by

the Director of the Rhode Island Department of Transportation, or his or her designee, or at the

election of the Director of the Rhode Island Department of Transportation, with the approval of the

Director of the Department of Administration, to an indenture trustee, administrator, or other third

party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in

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order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and

Enactment Approving the Financing of Various Department of Transportation Projects adopted

during the 2003 session of the General Assembly, and approved by the Governor.

     (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be transferred

to the Rhode Island Turnpike and Bridge Authority to be used for maintenance, operations, capital

expenditures and debt service on any of its projects as defined in chapter 12 of title 24 in lieu of a

toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge authority is authorized to

remit to an indenture trustee, administrator, or other third-party fiduciary any or all of the foregoing

transfers in order to satisfy and/or secure its revenue bonds and notes and/or debt service payments

thereon, including, but not limited to, the bonds and notes issued pursuant to the Joint Resolution

set forth in Section 3 of Article 6 of Chapter 23 of the Public Laws of 2010. Notwithstanding any

other provision of said Joint Resolution, the Rhode Island turnpike and bridge authority is expressly

authorized to issue bonds and notes previously authorized under said Joint Resolution for the

purpose of financing all expenses incurred by it for the formerly authorized tolling of the Sakonnet

River Bridge and the termination thereof.

     (b) Notwithstanding any other provision of law to the contrary, all other funds in the fund

shall be dedicated to the department of transportation, subject to annual appropriation by the general

assembly. The director of transportation shall submit to the general assembly, budget office and

office of the governor annually an accounting of all amounts deposited in and credited to the fund

together with a budget for proposed expenditures for the succeeding fiscal year in compliance with

§§ 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized

and directed to draw his or her orders upon the general treasurer for the payments of any sum or

portion of the sum that may be required from time to time upon receipt of properly authenticated

vouchers.

     (c) At any time the amount of the fund is insufficient to fund the expenditures of the

department of transportation, not to exceed the amount authorized by the general assembly, the

general treasurer is authorized, with the approval of the governor and the director of administration,

in anticipation of the receipts of monies enumerated in this section to advance sums to the fund, for

the purposes specified in this section, any funds of the state not specifically held for any particular

purpose. However, all the advances made to the fund shall be returned to the general fund

immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the

extent of the advances.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR FUEL TAX

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     This act would provide that seventy-nine percent (79%) of one cent ($0.0079) of the gas

tax be directly transferred to the Rhode Island Public Transit Authority for the Elderly/Disabled

Transportation Program.

     This act would take effect upon passage.

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