Adopted by House 2-13-07
HB2955 HFA White, Kominar, Stalnaker 2-13 #1 McO
Delegates White, Kominar, Stalnaker, Boggs, Barker and Tucker move to amend the bill on page seven, following line one hundred fourteen, by inserting a new section to read as follows:
"§11-14C-47. Disposition of tax collected; dedicated receipts.
(a) There is hereby created and established in the state treasury a special revolving fund to be known and designated as the "Motor Fuel General Tax Administration Fund." The commissioner is authorized to retain one half of one percent of the tax collected pursuant to the provisions of this article: Provided, That in any fiscal year in which the tax collected pursuant to the provisions of this article exceed three hundred million dollars, the commissioner is authorized to retain an additional one percent of the tax in excess of the three hundred million dollars that is collected. The amounts retained by the commissioner under this subsection shall be deposited in the motor fuel general tax administration fund and may be expended for the general administration of taxes imposed by this chapter.
(b)(1) All remaining tax collected under the provisions of this article after deducting the amount of any refunds lawfully paid shall be paid into the state road fund and used only for the purpose of construction, reconstruction, maintenance and repair of highways, matching of federal moneys available for highway purposes and payment of the interest and sinking fund obligations on state bonds issued for highway purposes, subject to the provisions of subdivision (2) of this subsection.
(2) After the thirtieth day of June, two thousand seven, from the taxes paid to the commissioner on or before the last day of each month pursuant to section nineteen of this article, after deduction of the amounts retained under subsection (a) of this section, an amount equal to the first four million six hundred thousand dollars of each month's receipts shall be paid into a segregated account within the state road fund for expenditure only for the specially dedicated purposes described in this subdivision and only upon specific line-item appropriation of the Legislature. The purposes for which the funds in the segregated account may be expended are the construction, reconstruction, rehabilitation, restoration, repair, maintenance and repair of the roads and highways throughout the various counties of the state for which federal moneys are not available on as fair and equitable a basis as the Legislature may determine through the enactment of appropriations bills. Nothwithstanding any other provision of this code to the contrary, no funds appropriated for expenditure in those specific line-items may be transferred between line-items or otherwise expended for other purposes except pursuant to the enactment of a subsequent appropriations bill."
And,
By striking out the enacting section and inserting in lieu thereof the following:
"That §11-14C-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §11-14C-47 of said code be amended and reenacted, all to read as follows: ".

ADOPTED

REJECTED