H. B. 2303


(By Mr. Speaker (Mr. Chambers) and Delegate Burk)
(By Request of the Executive)
[Introduced March 1, 1993; referred to the
Committee on Finance.]



A BILL to amend and reenact sections three and fifteen, article fourteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the gasoline tax and providing that the increase is to be used only to match available federal funds.

Be it enacted by the Legislature of West Virginia:
That sections three and fifteen, article fourteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 14. GASOLINE AND SPECIAL FUEL EXCISE TAX.

§11-14-3. Imposition of tax.

There is hereby levied an excise tax of ten and one-half cents per gallon on all gasoline or special fuel, which tax shall be computed in accordance with the appropriate measure of tax as hereinafter prescribed in this article:
Provided, That beginning the first day of April July, one thousand nine hundredeighty-nine ninety-three, the tax levied by this article shall be fifteen twenty and one-half cents per gallon.
§11-14-15. Disposition of tax collected.

All tax collected under the provisions of this article shall be paid into the state treasury and shall be used only for the purpose of construction, reconstruction, maintenance and repair of highways, matching of federal monies available for highway purposes and payment of the interest and sinking fund obligations on state bonds issued for highway purposes:
Provided, That for fiscal year one thousand nine hundred eighty-nine-ninety, twenty- five million dollars shall be used only for bridge repair and replacement That the amount of the tax collected attributable to the five cent increase effective the first day of July, one thousand nine hundred ninety-three, shall be used only to match federal moneys available for highway purposes and all amounts remaining shall next be used for payment of the interest and sinking fund obligations on state bonds issued for highway purposes: Provided, however, that any amounts remaining after funding these priorities shall next be used in matching any federal amounts available for expenditure on the Appalachian highway system in this State: Provided further, that any amounts remaining after funding these priorities shall be used for the maintenance, reconstruction and construction of state highways.
Unless necessary for such bond requirements, five fourteenths of the tax collected under the provisions of this article shall be used for feeder and state local service highwaypurposes.



NOTE: This bill provides for a five cent increase in the gasoline tax and provides that the increase in the tax is to be used only to match available federal funds.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.