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Introduced Version House Bill 104 History

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hb104 intr
H. B. 104


(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced May 31, 2009; referred to the
Committee on Finance.]



A BILL to amend and reenact §11-14C-48 of the Code of West Virginia, 1931, as amended, all relating to the Motor Fuel Excise Tax Shortfall Reserve Fund; providing for continuation of the Motor Fuel Excise Tax Shortfall Reserve Fund; specifying termination of the Motor Fuel Excise Tax Shortfall Reserve Fund in 2013; and requiring the Commissioner of Highways to submit reports to the Joint Committee on Government and Finance for a specified time at specified intervals.

Be it enacted by the Legislature of West Virginia:
That §11-14C-48 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 14C. MOTOR FUEL EXCISE TAX.
§11-14C-48. Motor Fuel Excise Tax Shortfall State Road Fund support payment.

(a) There is hereby created in the State Treasury a special fund to be known and designated as the "Motor Fuel Excise Tax Shortfall Reserve Fund" to be administered by the Tax Commissioner for the purposes provided by this section. The fund shall consist of moneys transferred to the General Revenue Fund pursuant to appropriation of the Legislature. At the end of each fiscal year, during the fund's existence, the moneys in the fund shall not expire to the general fund, but shall remain available for expenditure during the ensuing fiscal year. The fund shall terminate on the first day of February, two thousand ten August 1, 2013. Any moneys remaining in the fund on that termination date shall be transferred to the General Revenue Fund. No provision of this section may be construed to require funding for the purposes of this section in excess of amounts transferred to the fund pursuant to appropriation of the Legislature.
(b) Determination of motor fuel excise tax revenue shortfall for the fiscal year ending the thirtieth day of June, two thousand eight. --
(1) Shortfall for the fiscal year ending the thirtieth day of June, two thousand eight. -- On the thirtieth day of June, two thousand eight, or as soon thereafter as is practicable, the Tax Commissioner shall determine the amount of the annual motor fuel excise tax revenue shortfall that occurred for the fiscal year ending on the thirtieth day of June, two thousand eight.
(2) Transfer for annual shortfall for the fiscal year ending the thirtieth day of June, two thousand eight. -- On or before the first day of August, two thousand eight, the Tax Commissioner shall transfer moneys equal to the lesser of twenty million dollars or the amount of the motor fuel excise tax revenue shortfall that occurred for the fiscal year ending on the thirtieth day of June, two thousand eight from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund.
(c) (b) Monthly shortfalls for the period of July, two thousand eight to December, two thousand nine fiscal years beginning on July 1, 2008, 2009, 2010, 2011 and 2012. -- Beginning on the thirty-first day of July, two thousand eight July 31 of each fiscal year beginning in 2008, 2009, 2010, 2011 and 2012, and on the last day of each month thereafter of each specified fiscal year until, and including, the thirty-first day of December, two thousand nine June 30, 2013, or as soon after the last day of each month as is practicable, the Tax Commissioner shall determine the amount of the monthly motor fuel excise tax revenue shortfall that occurred for each month. No such determination shall be made for any month ending after the thirty-first day of December, two thousand nine June 30, 2013.
(1) Transfer for monthly shortfall. -- Within thirty days after making the determination of the monthly motor fuel excise tax revenue shortfall that occurred for each month, the Tax Commissioner shall transfer moneys in an amount equal to the amount of the motor fuel excise tax revenue shortfall that occurred for each month from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund: Provided, That the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund in the each specified fiscal year ending on the thirtieth day of June, two thousand nine through total aggregate monthly transfers shall not exceed the lesser of $20 million or the balance remaining in the Motor Fuel Excise Tax Shortfall Reserve Fund. No such transfer shall be made that is attributable to any month beginning after the thirty-first day of December, two thousand nine June 30, 2013: Provided, however, That transfers attributable to the reconciliation for the period beginning the first day of July, two thousand nine July 1, 2012, to the thirty-first day of December, two thousand nine June 30, 2013, mandated by paragraph (3) (2) of this subsection shall be made, if required.
(2) Annual reconciliation. -- On the thirtieth day of June, two thousand nine June 30 of each fiscal year beginning in 2008, 2009, 2010, 2011 and 2012, or as soon thereafter as is practicable, the Tax Commissioner shall determine the amount of the annual motor fuel excise tax revenue shortfall that occurred for the each of the specified fiscal year years. ending on the thirtieth day of June, two thousand nine.
(A) Transfer for annual reconciliation for the fiscal year. ending on the thirtieth day of June, two thousand nine. -- The amount of the annual motor fuel excise tax revenue shortfall that occurred for the each specified fiscal year ending on the thirtieth day of June, two thousand nine shall be compared to the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund over the same fiscal year through total aggregate monthly transfers. The resulting difference is the reconciliation amount.
(B) Net Shortfall. -- If the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund for the each specified fiscal year ending on the thirtieth day of June, two thousand nine through total aggregate monthly transfers is less than the amount of the annual motor fuel excise tax revenue shortfall that occurred over the same fiscal year, then on or before the first day of August, two thousand nine August 1 next succeeding the end of each such specified fiscal year, an amount of money equal to the reconciliation amount shall be transferred by the Tax Commissioner from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund: Provided, That the sum of the reconciliation amount subject to transfer and the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund in the each such fiscal year ending on the thirtieth day of June, two thousand nine through total aggregate monthly transfers shall not exceed the lesser of $20 million or the amount remaining in the Motor Fuel Excise Tax Shortfall Reserve Fund.
(C) Net Overage. -- If the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund for the each specified fiscal year ending on the thirtieth day of June, two thousand nine through total aggregate monthly transfers is greater than the amount of the annual motor fuel excise tax revenue shortfall that occurred over the same annual period fiscal year, then moneys equal to the reconciliation amount shall be offset against amounts that would have otherwise been transferred by the Tax Commissioner from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund under this section in the next succeeding fiscal year beginning on the first day of July, two thousand nine, and moneys transferred in the fiscal year beginning on the first day of July, two thousand nine shall accordingly decrease.
(3) Transfer for reconciliation for the period beginning the first day of July, two thousand nine to the thirty-first day of December, two thousand nine. -- The amount of the annual motor fuel excise tax revenue shortfall that occurred for the period beginning on the first day of July, two thousand nine through the thirty- first day of December, two thousand nine shall be compared to the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund over the same period through total aggregate monthly transfers. The resulting difference is the reconciliation amount for the period beginning the first day of July, two thousand nine to the thirty-first day of December, two thousand nine.
(A) Net Shortfall. -- If the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund for the period beginning on the first day of July, two thousand nine through the thirty-first day of December, two thousand nine through total aggregate monthly transfers is less than the amount of the motor fuel excise tax revenue shortfall that occurred over the same period, then on or before the first day of February, two thousand ten, moneys equal to the reconciliation amount for the period beginning the first day of July, two thousand nine to the thirty-first day of December, two thousand nine shall be transferred by the Tax Commissioner from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund: Provided, That the sum of the reconciliation amount subject to transfer and the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund in the period beginning on the first day of July, two thousand nine through the thirty-first day of December, two thousand nine through total aggregate monthly transfers shall not exceed the lesser of twenty million dollars or the amount remaining in the Motor Fuel Excise Tax Shortfall Reserve Fund.
(B) Net Overage. -- If the total amount of moneys transferred from the Motor Fuel Excise Tax Shortfall Reserve Fund to the State Road Fund for the period beginning on the first day of July, two thousand nine through the thirty-first day of December, two thousand nine through total aggregate monthly transfers is greater than the amount of the annual motor fuel excise tax revenue shortfall that occurred over the same period, then moneys equal to the reconciliation amount for the period beginning the first day of July, two thousand nine to the thirty-first day of December, two thousand nine shall remain in the State Road Fund for expenditure as provided by law.
(d) (c) Definitions. --

(1) "Calendar year" means the year beginning on January 1 and ending on December 31.
(2) "Motor fuel excise tax revenue shortfall" means the official West Virginia state revenue estimate for motor fuel excise tax revenues for a designated period minus the amount of motor fuel excise tax collected for the same period: Provided, That if the motor fuel excise tax collected for the designated period is greater than the official West Virginia state revenue estimate for motor fuel excise tax revenues for the same period, the motor fuel excise tax revenue shortfall is zero for the period.
(e) (d) Reporting. -- The Commissioner of Highways shall submit a report to the Joint Committee on Government and Finance not later than the last day of each month for the period of July 1 2008 two thousand eight through December, two thousand nine June 30, 2013, providing an analysis of the financial status of the State Road Fund and funds for highway maintenance.

NOTE: The purpose of this bill is to continue the Motor Fuel Excise Tax Shortfall Reserve Fund and to specify termination of the fund on June 30, 2013.

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