Bill Text: IN HB1363 | 2013 | Regular Session | Introduced
Bill Title: Road funding.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2013-01-31 - Representative Ober added as coauthor [HB1363 Detail]
Download: Indiana-2013-HB1363-Introduced.html
Citations Affected: IC 6-6; IC 8-14-1; IC 9-29-1-1.
Synopsis: Road funding. Provides that gasoline taxes, special fuel
taxes, and motor carrier fuel taxes deposited in the motor vehicle
highway account (MVHA) may not be used to pay any part of the
operating expenses of the bureau of motor vehicles (BMV). Removes
the requirement that one-half of the amount appropriated for the state
police department be deducted from the MVHA fund before making
the statutory allocation to cities, towns, counties, and the department
of transportation. Provides that the amount of money that the BMV
may receive from the MVHA in a state fiscal year may not exceed the
amount of fees collected by the BMV and deposited in the MVHA in
that state fiscal year.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Ways and Means.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
(1) The taxes collected with respect to gasoline delivered to a taxable marine facility shall be deposited in the fish and wildlife fund established by IC 14-22-3-2.
(2) Twenty-five percent (25%) of the taxes collected under this chapter, except the taxes referred to in subdivision (1), shall be deposited in the highway, road, and street fund established under IC 8-14-2-2.1.
(3) The remainder of the revenues collected under this chapter shall be deposited in the motor fuel tax fund of the motor vehicle highway account.
(b) Taxes deposited in the motor vehicle highway account may not be used to pay any part of the operating expenses of the bureau
of motor vehicles.
(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.
(3) Forty percent (40%) to the Indiana department of transportation.
(b) The auditor of state shall hold all amounts of collections received from the administrator that are made during a particular month and shall distribute all of those amounts under subsection (a) on the fifth day of the immediately succeeding month.
(c) All amounts distributed under subsection (a) may only be used for purposes that money distributed from the motor vehicle highway account may be expended under IC 8-14-1.
(d) All revenue collected under this chapter shall be used in the same manner as the revenue collected under IC 6-6-1.1. The administrator shall, after the transfers specified in subsection (a), deposit the remainder of the revenues collected under this chapter in the same manner that revenues are deposited under IC 6-6-1.1-802.
(e) Taxes deposited in the motor vehicle highway account may not be used to pay any part of the operating expenses of the bureau of motor vehicles.
(b) The department shall deposit revenue collected under section 4.5 of this chapter as follows:
(1) Forty-five and one-half percent (45.5%) in the state highway
fund (IC 8-23-9-54).
(2) Forty-five and one-half percent (45.5%) in the motor vehicle
highway account (IC 8-14-1).
(3) Nine percent (9%) in the motor carrier regulation fund
administered by the department.
(c) The department shall deposit revenue collected under section 13
of this chapter as follows:
(1) Thirty-five percent (35%) in the motor vehicle highway
account (IC 8-14-1).
(2) Sixty-five percent (65%) in the state highway fund
(IC 8-23-9-54).
(d) Taxes deposited in the motor vehicle highway account may
not be used to pay any part of the operating expenses of the bureau
of motor vehicles.
(1) the net amount in the motor vehicle highway account shall be budgeted for programs of traffic safety and for the construction, reconstruction, improvement, and maintenance
(2) a fair distribution thereof shall be made between the department and subordinate political subdivisions having jurisdiction of highways of the state;
(3) the funds allotted shall be used in accordance with the policy herein declared and the provisions of this chapter; and
(4) the funds allocated to counties, cities, and towns from such motor vehicle highway account shall be budgeted as provided by law, and such county budgets shall be referred to the county council for approval, revision, or reduction.
(1) Of the net amount in the motor vehicle highway account the auditor of state shall set aside for the cities and towns of the state fifteen percent (15%) thereof. This sum shall be allocated to the
cities and towns upon the basis that the population of each city
and town bears to the total population of all the cities and towns
and shall be used for the construction or reconstruction and
maintenance of streets and alleys and shall be annually budgeted
as now provided by law. However, no part of such sum shall be
used for any other purpose than for the purposes defined in this
chapter. If any funds allocated to any city or town shall be used by
any officer or officers of such city or town for any purpose or
purposes other than for the purposes as defined in this chapter,
such officer or officers shall be liable upon their official bonds to
such city or town in such amount so used for other purposes than
for the purposes as defined in this chapter, together with the costs
of said action and reasonable attorney fees, recoverable in an
action or suit instituted in the name of the state of Indiana on the
relation of any taxpayer or taxpayers resident of such city or town.
A monthly distribution thereof of funds accumulated during the
preceding month shall be made by the auditor of state.
(2) Of the net amount in the motor vehicle highway account, the
auditor of state shall set aside for the counties of the state
thirty-two percent (32%) thereof. However, as to the allocation to
cities and towns under subdivision (1) and as to the allocation to
counties under this subdivision, in the event that the amount in
the motor vehicle highway account fund remaining after refunds
and after the payment of all expenses incurred in the collection
thereof and after deduction of any amount appropriated by the
general assembly for public safety and policing shall be less than
twenty-two million six hundred and fifty thousand dollars
($22,650,000) in any fiscal year, then the amount so set aside in
the next calendar year for distributions to counties shall be
reduced fifty-four percent (54%) of such deficit and the amount
so set aside for distribution in the next calendar year to cities and
towns shall be reduced thirteen percent (13%) of such deficit.
Such reduced distributions shall begin with the distribution
January 1 of each year.
(3) The amount set aside for the counties of the state under the
provisions of subdivision (2) shall be allocated monthly upon the
following basis:
(A) Five percent (5%) of the amount allocated to the counties
to be divided equally among the ninety-two (92) counties.
(B) Sixty-five percent (65%) of the amount allocated to the
counties to be divided on the basis of the ratio of the actual
miles, now traveled and in use, of county roads in each county
to the total mileage of county roads in the state, which shall be
annually determined, accurately, by the department.
(C) Thirty percent (30%) of the amount allocated to the
counties to be divided on the basis of the ratio of the motor
vehicle registrations of each county to the total motor vehicle
registration of the state.
All money so distributed to the several counties of the state shall
constitute a special road fund for each of the respective counties
and shall be under the exclusive supervision and direction of the
board of county commissioners in the construction,
reconstruction, maintenance, or repair of the county highways or
bridges on such county highways within such county.
(4) Each month the remainder of the net amount in the motor
vehicle highway account shall be credited to the state highway
fund for the use of the department.
(5) Money in the fund may not be used for any toll road or toll
bridge project.
(6) Notwithstanding any other provisions of this section, money
in the motor vehicle highway account fund may be appropriated
to the Indiana department of transportation from the forty-seven
percent (47%) distributed to the political subdivisions of the state
to pay the costs incurred by the department in providing services
to those subdivisions.
(7) Notwithstanding any other provisions of this section or of
IC 8-14-8, for the purpose of maintaining a sufficient working
balance in accounts established primarily to facilitate the
matching of federal and local money for highway projects, money
may be appropriated to the Indiana department of transportation
as follows:
(A) One-half (1/2) from the forty-seven percent (47%) set
aside under subdivisions (1) and (2) for counties and for those
cities and towns with a population greater than five thousand
(5,000).
(B) One-half (1/2) from the distressed road fund under
IC 8-14-8.
credited to the motor vehicle highway account established under
IC 8-14-1.
(b) The bureau may not receive money from the motor vehicle
highway account in a state fiscal year in an amount exceeding the
sum of the amounts deposited under subsection (a) in that state
fiscal year.
