[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1449 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1449

 To amend the Internal Revenue Code of 1986 to impose an annual tax on 
   outdoor advertising to provide funding for surface transportation 
                   programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 1997

 Mr. Lewis of Georgia (for himself, Mr. Farr of California, Mr. Stark, 
   Mrs. Mink of Hawaii, Mr. Dellums, Mr. Lipinski, and Ms. Christian-
    Green) introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to impose an annual tax on 
   outdoor advertising to provide funding for surface transportation 
                   programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Billboard Fair Share Act''.

SEC. 2. TAX ON OUTDOOR ADVERTISING.

    (a) In General.--Subchapter A of chapter 1 of the Internal Revenue 
Code of 1986 (relating to income taxes) is amended by adding at the end 
the following new part:

                    ``PART VIII--OUTDOOR ADVERTISING

                              ``Sec. 59B. Outdoor advertising.

``SEC. 59B. OUTDOOR ADVERTISING.

    ``(a) Imposition of Tax.--There is hereby imposed a tax equal to 15 
percent of the gross income received or accrued by any person from the 
lease of any taxable outdoor advertising display. Such tax shall be in 
addition to any other tax imposed by this subtitle.
    ``(b) Taxable Outdoor Advertising Display.--For purposes of this 
section, the term `taxable outdoor advertising display' means any 
outdoor advertising display (as defined by section 1033(g)(3)(C)) other 
than such a display having 32 square feet or less of advertising 
space.''
    (b) Clerical Amendment.--The table of parts for subchapter A of 
chapter 1 of such Code is amended by adding at the end the following 
new item:

                              ``Part VIII. Outdoor advertising.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 3. OUTDOOR ADVERTISING PROGRAM TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to Trust Fund Code) is amended by adding at the 
end the following new section:

``SEC. 9512. OUTDOOR ADVERTISING PROGRAM TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Outdoor 
Advertising Program Trust Fund', consisting of such amounts as may be 
appropriated or credited to such trust fund as provided in this section 
or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to 
the Outdoor Advertising Program Trust Fund amounts equivalent to the 
revenues received in the Treasury from the tax imposed by section 59B 
(relating to tax on outdoor advertising).
    ``(c) Expenditures From Trust Fund.--Amounts in the Outdoor 
Advertising Program Trust Fund shall be available, as provided in the 
Billboard Fair Share Act, only for purposes of making expenditures in 
accordance with section 5 of such Act.''
    (b) Clerical Amendment.--The table of sections for such subchapter 
A is amended by adding at the end the following new item:

                              ``Sec. 9512. Outdoor Advertising Program 
                                        Trust Fund.''

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    In addition to amounts otherwise authorized to be appropriated to 
carry out title 23, United States Code, there shall be available, out 
of the Outdoor Advertising Program Trust Fund, for each fiscal year 
beginning after the date of the enactment of this Act an amount equal 
to the aggregate of amounts appropriated and credited to such trust 
fund in the preceding fiscal year.

SEC. 5. APPORTIONMENT.

    (a) In General.--On October 1 of each fiscal year, the Secretary of 
Transportation, after making the deduction under subsection (b), shall 
apportion amounts made available by section 4 for such fiscal year 
among the States so that the percentage apportioned to each State is 
equal to the percentage of estimated tax payments attributable to 
highway users in the State paid into the Highway Trust Fund in the 
latest fiscal year for which data are available.
    (b) Deduction.--Whenever an apportionment is made of sums made 
available by section 4, the Secretary may deduct in such amount as the 
Secretary may deem necessary, but not to exceed 2 percent of all sums 
so made available, for administering the provisions of this Act.

SEC. 6. USE OF FUNDS.

    85 percent of the funds apportioned to a State under section 5 for 
fiscal year shall only be available for carrying out transportation 
enhancement activities under title 23, United States Code; except that 
if, upon request of a State, the Secretary of Transportation certifies 
that there is no sign, display, or device within the boundaries of the 
State that does not conform with section 131 of such title, such 
percentage shall be 50 instead of 85. The remainder of such funds may 
be obligated by the State for the surface transportation program under 
section 133 of such title.
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