2023 -- S 0712

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LC001578

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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: Senators Cano, Kallman, DiPalma, Pearson, Gallo, Miller, and Felag

     Date Introduced: March 22, 2023

     Referred To: Senate Finance

     (RIPTA)

It is enacted by the General Assembly as follows:

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

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Tax" is hereby amended to read as follows:

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     31-36-20. Disposition of proceeds.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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general revenue.

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

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general revenue.

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

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revenue.

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

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general revenue.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

LC001578 - Page 2 of 5

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

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Enactment Approving the Financing of Various Department of Transportation Projects adopted

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

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

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

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

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

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

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

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

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

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

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

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

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River Bridge and the termination thereof.

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

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

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

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

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

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

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

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

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vouchers.

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

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

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

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

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

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

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

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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

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

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Transportation Program.

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     This act would take effect upon passage.

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