Bill Text: IN HB1292 | 2013 | Regular Session | Introduced


Bill Title: Gasoline tax.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-01-14 - First reading: referred to Committee on Ways and Means [HB1292 Detail]

Download: Indiana-2013-HB1292-Introduced.html


Introduced Version






HOUSE BILL No. 1292

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 6-6-1.1.

Synopsis: Gasoline tax. Increases the gasoline tax rate by $0.02 per gallon (from $0.18 to $0.20 per gallon) for gasoline with an octane number greater than 87. Allocates the revenue attributable to the $0.02 rate increase to the repair of bridges by the state (50%) and local government (50%) based on those repairs that address safety concerns that have the highest priority using the most recent bridge inspection report for each bridge.

Effective: July 1, 2013.





Bauer, Brown T




    January 14, 2013, read first time and referred to Committee on Ways and Means.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1292



    A BILL FOR AN ACT to amend the Indiana Code concerning taxation and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-6-1.1-201; (13)IN1292.1.1. -->     SECTION 1. IC 6-6-1.1-201 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 201. A license tax of:
         (1) eighteen cents ($0.18) per gallon is imposed on the use of all gasoline that has an octane number that is less than or equal to eighty-seven (87); and
        (2) twenty cents ($0.20) per gallon is imposed on the use of all gasoline that has an octane number that is greater than eighty-seven (87);

used in Indiana, except as otherwise provided by this chapter. The distributor shall initially pay the tax on the billed gallonage of all gasoline the distributor receives in this state, less any deductions authorized by this chapter. The distributor shall then add the per gallon amount of tax to the selling price of each gallon of gasoline sold in this state and collected from the purchaser so that the ultimate consumer bears the burden of the tax. For purposes of this section, the octane number is the octane number as labeled in conformance with the octane posting requirements contained in 16 CFR Part 306 and

issued under the federal Petroleum Marketing Practices Act of 1978 (15 U.S.C. 2801).

SOURCE: IC 6-6-1.1-801.3; (13)IN1292.1.2. -->     SECTION 2. IC 6-6-1.1-801.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 801.3. (a) The department of state revenue shall determine one-tenth (1/10) of the amount of gasoline tax revenue collected, except tax revenue collected at a taxable marine facility, during each calendar quarter that is attributable to gasoline taxes imposed on gasoline that has an octane number that is greater than eighty-seven (87). Before the twentieth day of the month following each calendar quarter, the department of state revenue shall inform the department of transportation of this quarterly amount.
    (b) The amount determined under subsection (a) is appropriated to the department of transportation for the department's use and for the department to allocate among the counties and the municipalities that have responsibility for bridge repair. Fifty percent (50%) of the amount shall be dedicated by the department of transportation to state bridge repairs that address safety concerns that have the highest priority using the most recent bridge inspection report for each state bridge. The remaining fifty percent (50%) shall be allocated by the department of transportation to counties and municipalities for bridge repair. This allocation must be based on providing money for those repairs that address safety concerns that have the highest priority using the most recent bridge inspection report for each bridge for which a county or municipality is responsible for repairs. Money may not be used for new bridge construction or any toll bridge project.

SOURCE: IC 6-6-1.1-801.5; (13)IN1292.1.3. -->     SECTION 3. IC 6-6-1.1-801.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 801.5. (a) The administrator shall transfer one-ninth (1/9) of the taxes that are collected under this chapter, except for the amount determined under section 801.3 of this chapter, to the state highway road construction and improvement fund.
    (b) The administrator shall transfer one-eighteenth (1/18) of the taxes that are collected under this chapter, except for the amount determined under section 801.3 of this chapter, to the state highway fund.
    (c) The administrator shall transfer one-eighteenth (1/18) of the taxes that are collected under this chapter, except for the amount determined under section 801.3 of this chapter, to the auditor of state for distribution to counties, cities, and towns. The auditor of state

shall distribute the amounts transferred under this subsection to each of the counties, cities, and towns eligible to receive a distribution from the motor vehicle highway account under IC 8-14-1 and in the same proportion among the counties, cities, and towns as funds are distributed from the motor vehicle highway account under IC 8-14-1. Money distributed under this subsection may be used only for purposes that money distributed from the motor vehicle highway account may be expended under IC 8-14-1.
    (d) After the transfers required by subsections (a) through (c), the administrator shall transfer the next twenty-five million dollars ($25,000,000) of the taxes that are collected under this chapter and received during a period beginning July 1 of a year and ending June 30 of the immediately succeeding year to the auditor of state for distribution in the following manner:
        (1) thirty percent (30%) to each of the counties, cities, and towns eligible to receive a distribution from the local road and street account under IC 8-14-2 and in the same proportion among the counties, cities, and towns as funds are distributed under IC 8-14-2-4;
        (2) thirty percent (30%) to each of the counties, cities, and towns eligible to receive a distribution from the motor vehicle highway account under IC 8-14-1 and in the same proportion among the counties, cities, and towns as funds are distributed from the motor vehicle highway account under IC 8-14-1; and
        (3) forty percent (40%) to the Indiana department of transportation.
    (e) The auditor of state shall hold all amounts of collections received under subsection (d) from the administrator that are made during a particular month and shall distribute all of those amounts pursuant to subsection (d) on the fifth day of the immediately succeeding month.
    (f) All amounts distributed under subsection (d) may only be used for purposes that money distributed from the motor vehicle highway account may be expended under IC 8-14-1.

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