HOUSE BILL NO.       

Two cent fuel tax.

Sponsored by:  Joint Transportation and Highways Interim Committee

A BILL

for

AN ACT relating to taxation and revenue; providing that a two cent tax fuel shall continue with exemptions off; providing for distribution; repealing related provision providing for the distribution of mineral royalties and severance taxes to the school foundation program; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 24-1-119, 39-17-104(a) and (d), 39-17-111(g) and 39-17-204(a) and (c) are amended to read:

24-1-119.  State highway fund created; income and expenditure.

     (a)  There is created a fund known as the state highway fund, to the credit of which the state treasurer, who is designated as the state official to receive all amounts paid by the United States under the act of congress approved July 11, 1916, shall place all monies previously received for the fund, all money subsequently received from the United States, under cooperative agreements as authorized, all money derived from taxes levied for such purpose or appropriated for the fund, all monies received from the sale of state bonds for highway construction or the sale of state bonds for highway construction or improvement, all money received from the counties under cooperative agreements as hereinbefore authorized, and all other monies received from donations or bequests, which may be accepted by the commission on behalf of the state of Wyoming, or from any source designated by law for that purpose.  All monies in the fund shall be available for the purpose of this act without further appropriation except as otherwise specified by law and no warrant shall be drawn on the fund excepting on a voucher approved by the director of the department of transportation or an assistant authorized by the director and approved by the transportation commission.  It is provided that seventy-five percent(75%) of the amount of any bond issue subsequently issued by the state of Wyoming for the construction or improvement of state highways, after the payment of overhead expense, shall be apportioned to and spent in each county in the proportion which the assessed valuation of each county by the last general assessment bears to the total assessment of the state.

     (b)  All monies deposited in the four (4) lane highway account within the state highway fund shall only be used for the construction of new four (4) lane highways.  All monies deposited in the four (4) lane highway account shall be available for the purpose of the construction of new four (4) lane highways without further appropriation and no warrant shall be drawn on the fund excepting on a voucher approved by the director of the department of transportation or an assistant authorized by the director and approved by the transportation commission.

39-17-104.  Taxation rate.

(a)  There is levied and shall be collected a license tax of eleven cents ($.11) per gallon for the period July 1, 1998, through June 30, 2002, and thereafter thirteen cents ($.13) per gallon on all gasoline used, sold or distributed for sale or use in this state except for those fuels exempted under W.S. 39-17-105.

(d)  In addition to the tax collected pursuant to subsections (a) through (c) of this section, for the period July 1, 1998, through June 30, 2002, there is levied and shall be collected a license fee tax of two cents ($.02) per gallon on all gasoline used, sold or distributed for sale or use in Wyoming.  No exemption created in this article for gasoline used, sold or distributed for sale or use in Wyoming shall apply to the license tax imposed under this subsection.

39-17-111.  Distribution.

(g)  Revenues from gasoline taxes under W.S. 39-17-104(d) shall be transferred to the state treasurer who shall deposit them only into the four (4) lane highway account within the state highway fund.  Expenditures of the revenues from the gasoline taxes under W.S. 39-17-104(d) shall be limited to new construction of four (4) lane state highways.  The provisions of subsections (c) and (d) of this section and W.S. 39-17-105(c) shall not apply to the tax imposed by W.S. 39-17-104(d).

39-17-204.  Taxation rate.

(a)  There is levied and shall be collected a license tax of eleven cents ($.11) per gallon for the period July 1, 1998, through June 30, 2002, and thereafter thirteen cents ($.13) per gallon on all diesel fuels used, sold or distributed for sale or use in this state.

(c)  In addition to the tax collected pursuant to subsections (a) and (b) of this section, for the period July 1, 1998, through June 30, 2002, there is levied and shall be collected a license fee tax of two cents ($.02) per gallon on all dyed and undyed diesel fuel used, sold or distributed for sale or use in Wyoming. No exemption created in this article for dyed or undyed diesel fuel used, sold or distributed for sale or use in Wyoming shall apply to the license tax imposed under this subsection.

39-17-211.  Distribution.

(f)  Revenues from diesel fuel taxes under W.S. 39-17-204(c) shall be transferred to the state treasurer who shall deposit them only into the four (4) lane highway account within the state highway fund.  Expenditures of the revenues from the gasoline taxes under W.S. 39-17-204(c) shall be limited to new construction of four (4) lane state highways.  The provisions of W.S. 39-17-205(c) through (e), 39-17-203(b)(iii) and subsections (a), (b) and (d) of this section shallnot apply to the tax imposed by W.S. 39-17-204(c).

Section 2.  Section 3 of Chapter 64, 2000 Wyoming Session Laws is repealed.

Section 3.  This act is effective July 1, 2002.

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