Reference is to Printer's Date 2/19/13-H.
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. A. Section 12-28-310 of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
(A) Subject to the exemptions provided
in this chapter, a user fee of
twenty-six cents a gallon is imposed on:
(1) all gasoline, gasohol, or blended fuels containing gasoline that are used or consumed for any purpose in this State; and
(2) all diesel fuel, substitute fuels, or alternative fuels, or blended fuels containing diesel fuel that are used or consumed in this State in producing or generating power for propelling motor vehicles.
(B) The user fee levied on motor fuel subject to the user fee pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the user fee. This section does not affect the method of collecting the user fee as provided in this chapter. The user fee imposed by this section must be collected and paid at those times, in the manner, and by the persons specified in this chapter.
(C) The license user fee imposed by this section is instead of all sales, use, or other excise tax that may be imposed otherwise by any municipality, county, or other local political subdivision of the State.
(D)(1) The department shall increase or decrease the amount of the user fee imposed pursuant to subsection (A) by the percentage change in the wholesale price of motor fuel subject to the user fee in the applicable base period.
(2) The two base periods are six-month periods, with one ending on September thirtieth and one ending on March thirty-first. The department must set the user fee twice a year based on the percentage change in the wholesale price of motor fuel for each base period. A user fee set by the department using information for the base period that ends on September thirtieth applies to the six-month period that begins the following January first. A user fee set by the department using information for the base period that ends on March thirty-first applies to the six-month period that begins the following July first.
(3) The department must determine the change in the average wholesale price of motor fuel for each base period. The department must use information on refiner and gas plant operator sales prices of finished motor gasoline and diesel fuel for resale, published by the United States Department of Energy in the 'Monthly Energy Review', or equivalent data. The department must use a weighted average of the results for each motor fuel based on the proportion of user fee collected on each pursuant to subsection (A) to the base period. The department must then convert the weighted average price to a cents-per-gallon rate for all motor fuel and round the rate to the nearest one-tenth of a cent. If the converted cents-per-gallon rate is exactly between two-tenths of a cent, the department must round the rate up to the higher of the two.
(4) The department must notify affected taxpayers of the user fee to be in effect for each six-month period beginning January first and July first."
B. The first adjustment to the user fee imposed pursuant to Section 12-28-310 shall take effect July 1, 2014, using the base period ending on March thirty-first.
SECTION 4. A. Section 56-11-410 of the 1976 Code is amended to read:
(A) A road
user fee for the privilege of using the streets and
highways in this State is imposed upon every motor carrier. The
tax user fee is equivalent to
sixteen twenty-six cents a gallon,
calculated on the amount of gasoline or other motor fuel used by
the motor carrier in its operations within this State. Except
as credit for certain taxes fees as
provided for in this chapter, taxes imposed on motor carriers by
this chapter are in addition to taxes imposed upon the carriers
by any other provision of law.
(B) The department shall increase or decrease the amount of the road user fee imposed pursuant to subsection (A) in the same manner as it adjusts the user fee imposed pursuant to Section 12-28-310."
B. The first adjustment to the road user fee imposed pursuant to Section 56-11-410 shall take effect July 1, 2014, using the base period ending on March thirty-first.
SECTION 5. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
(A) For tax year 2013, there is
allowed a refundable income tax credit equal to twenty-six
dollars for every motor vehicle registered to the taxpayer that
is licensed in this State. The taxpayer only may claim the
credit if there are no delinquent property taxes owed on the
(B) For tax years 2014 and 2015, there is allowed a refundable income tax credit equal to fifty-three dollars for every motor vehicle registered to the taxpayer that is licensed in this State. The taxpayer only may claim the credit if there are no delinquent property taxes owed on the motor vehicle.
(C) The department shall notify the Department of Transportation of the total amount of credits claimed pursuant to this section. The Department of Transportation shall transfer the total amounts of credits claimed to the general fund. The amount of the user fee transferred to reimburse the general fund for the costs of this section is deemed to have been imposed for the same purpose.
(D) The department may promulgate regulations necessary to implement the provisions of this section. The department may require the taxpayer provide proof of eligibility for the credit."
SECTION 6. A. Section 12-28-2740(A) of the 1976 Code, as last amended by Act 293 of 2002, is further amended to read:
"(A) The proceeds
two and sixty-six one-hundredths three
and one-half cents a gallon of the user fee on gasoline only
as levied and provided for in this chapter must be deposited
with the State Treasurer and expended for purposes set forth in
this section. The monies must be apportioned among the counties
of the State in the following manner:
(1) one-third distributed in the ratio which the land area of the county bears to the total land area of the State;
(2) one-third distributed in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census;
(3) one-third distributed in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Transportation.
The Department of Revenue shall collect
the information required pursuant to Section 12-28-1390
regarding the number of gallons sold in each county for use in
making allocations of donor funds as provided in subsection
(H). The Department of Revenue shall submit the
percentage of the total represented by each county to the
Department of Transportation and to each county transportation
committee annually by May first of the following calendar year.
Upon request of a county transportation committee, the
Department of Transportation shall continue to administer the
funds allocated to the county.
All interest earnings on the County Transportation Fund in the State Treasury must be added to the distribution to counties under this section in proportion to each county's portion of the entire County Transportation Fund. Except for those funds being used in connection with highway projects administered by the Department of Transportation on behalf of counties administering their own 'C' funds, these distributions of earnings and the calculation required to determine the appropriate amount shall not include those counties administering their own 'C' funds."
B. Section 12-28-2740(H) of the 1976 Code is amended to read:
For purposes of this
subsection, "donor county" means a county that
contributes to the "C" fund an amount in excess of
what it receives under the allocation formula as stated in
subsection (A). In addition to the allocation to the counties
pursuant to subsection (A), the Department of Transportation
annually shall transfer from the state highway fund to the donor
counties an amount equal to nine and one-half million dollars in
the ratio of the individual donor county's contribution in
excess of "C" fund revenue allocated to the county
under subsection (A) to the total excess contributions of all
donor counties Reserved."
C. This SECTION takes effect July 1, 2013.
SECTION 7. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this Act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 8. Except as provided otherwise, this act takes effect July 1, 2013. /
Renumber sections to conform.
Amend title to conform.