PRIOR PRINTER'S NO. 545 PRINTER'S NO. 3073
No. 481 Session of 1997
INTRODUCED BY NICKOL, TIGUE, ARMSTRONG, WAUGH, GEIST, TRELLO,
HENNESSEY, B. SMITH, MASLAND, PESCI, TULLI, GODSHALL, EGOLF,
PLATTS, PHILLIPS, PETRARCA, FICHTER, MAITLAND, REBER, RUBLEY,
E. Z. TAYLOR, SHANER, WOJNAROSKI, HESS, BAKER, BROWNE,
MILLER, LYNCH, PRESTON, STERN, STETLER, BELFANTI, YOUNGBLOOD,
COLAFELLA, STEELMAN, SEYFERT AND ROSS, FEBRUARY 12, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 11, 1998
AN ACT
1 Amending the act of June 1, 1956 (1955 P.L.1944, No.655),
2 entitled "An act providing a permanent allocation of a part
3 of the fuels and liquids fuels tax proceeds to cities,
4 boroughs, incorporated towns and townships, for their road,
5 street and bridge purposes; conferring powers and imposing
6 duties on local officers and the Department of Highways; and
7 making an appropriation out of the Motor License Fund; and
8 repealing existing legislation," further providing FOR THE <--
9 DEFINITION OF "ROADS AND STREETS" AND for the maintenance of
10 alleys.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4(1) of the act of June 1, 1956 (1955 <--
14 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal
15 Allocation Law, amended May 27, 1994 (P.L.260, No.42), is
16 amended to read:
17 SECTION 1. SECTION 2 OF THE ACT OF JUNE 1, 1956 (1955 <--
18 P.L.1944, NO.655), REFERRED TO AS THE LIQUID FUELS TAX MUNICIPAL
19 ALLOCATION LAW, AMENDED AUGUST 13, 1963 (P.L.804, NO.398), IS
1 AMENDED TO READ:
2 SECTION 2. AS USED IN THIS ACT--
3 (1) "DEPARTMENT" MEANS THE DEPARTMENT OF [HIGHWAYS]
4 TRANSPORTATION.
5 (2) "MUNICIPALITY" MEANS ANY CITY, BOROUGH, INCORPORATED
6 TOWN OR TOWNSHIP.
7 (3) "ROADS AND STREETS" MEANS PUBLIC ROADS AND STREETS,
8 INCLUDING BRIDGES, USED FOR TRAVEL BY HORSE DRAWN AND MOTOR
9 VEHICLES AND DOES NOT INCLUDE WAYS[, COURTS] AND ALLEYS.
10 SECTION 2. SECTION 4(1) OF THE ACT, AMENDED MAY 27, 1994
11 (P.L.260, NO.42), IS AMENDED TO READ:
12 Section 4. The money hereby appropriated to municipalities
13 shall be paid to the municipalities in accordance with the
14 following formula and subject to the provisions of this act:
15 (1) The money hereby allocated shall be paid to the cities,
16 boroughs, towns and townships in accordance with the following
17 formula:
18 Five-tenths of this The number of miles
19 allocation divided Multiplied in the particular
20 by the total miles By municipality.
21 of public roads and
22 streets which are
23 maintained by
24 municipalities.
25 Plus
26 Five-tenths of this The official
27 allocation divided Multiplied population of the
28 by the total official By particular
29 population of the municipality as of
30 municipalities as of January first of said
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1 January first of the year.
2 year in which the
3 money is to be paid
4 to the municipalities.
5 .......................
6 (Amount due the
7 particular municipality)
8 To be expended by the authorities of the respective
9 municipalities (i) for the maintenance, repair, construction or
10 reconstruction of such public roads or streets, including
11 bridges, culverts and drainage structures for which they are
12 legally responsible and including the lining of streams
13 incidental to the drainage of highways, and for the maintenance,
14 repair, construction or reconstruction of curb ramps from a
15 road, street or highway to provide for access by individuals
16 with disabilities consistent with Federal and State law; [and]
17 (ii) for the acquisition, maintenance, repair and operation of
18 street signs, traffic signs and traffic signal control systems[.
19 Where road or bridge]; and (iii) for the maintenance, repair,
20 construction or reconstruction of alleys adopted on or before
21 May 30, 1956, for which they are legally responsible. Where
22 road, bridge or alley work is performed by the political
23 subdivision the moneys herein allocated may be used only for
24 labor, hiring of equipment, payrolls, purchase of material,
25 including repair parts necessary for the maintenance of
26 equipment, small tools, road drags and snow fences and, in
27 addition, an amount not to exceed twenty per centum of the total
28 annual allocation received by each municipality, may be used for
29 the purchase of road machinery and road equipment.
30 No municipality shall receive less than the amount allocated
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1 to such municipality during the fiscal year ending June 30,
2 1969. So much as is necessary of the taxes collected on each
3 gallon of liquid fuel under "The Liquid Fuel Tax Act" and on
4 each gallon of fuel under the "Fuel Use Tax Act" is hereby
5 appropriated out of the Motor License Fund to municipalities of
6 the Commonwealth for the purpose of making any additional
7 payments required under the provisions hereof. Funds hereby
8 appropriated shall be in addition to funds appropriated under
9 the provisions of section 3 of this act.
10 * * *
11 Section 2 3. This act shall take effect in 60 days. <--
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