PRINTER'S NO. 2388
No. 1830 Session of 2003
INTRODUCED BY HERMAN, BENNINGHOFF, ROBERTS, BALDWIN, BARD, WILT,
BARRAR, BIANCUCCI, CAPPELLI, CREIGHTON, DENLINGER, FABRIZIO,
FEESE, FRANKEL, FREEMAN, GABIG, GINGRICH, GRUCELA, HORSEY,
LEACH, LEVDANSKY, McILHATTAN, R. MILLER, O'NEILL, PAYNE,
REICHLEY, ROHRER, ROSS, RUBLEY, SOLOBAY, SURRA AND
YOUNGBLOOD, JULY 9, 2003
REFERRED TO COMMITTEE ON FINANCE, JULY 9, 2003
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," providing for the
9 maintenance of bicycle and pedestrian trails.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of June 1, 1956 (1955
13 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal
14 Allocation Law, is amended by adding a paragraph to read:
15 Section 2. As used in this act--
16 * * *
17 (7) "Bicycle and pedestrian trail" means a right-of-way,
18 which may be new, shared or adjacent to a roadway, designed for
19 the exclusive use of nonmotorized vehicles or pedestrians.
1 * * *
2 Section 2. Section 4(1) of the act, amended December 3, 1998
3 (P.L.922, No.114), is amended to read:
4 Section 4. The money hereby appropriated to municipalities
5 shall be paid to the municipalities in accordance with the
6 following formula and subject to the provisions of this act:
7 (1) The money hereby allocated shall be paid to the cities,
8 boroughs, towns and townships in accordance with the following
9 formula:
10 Five-tenths of this The number of miles
11 allocation divided Multiplied in the particular
12 by the total miles By municipality.
13 of public roads and
14 streets which are
15 maintained by
16 municipalities.
17 Plus
18 Five-tenths of this The official
19 allocation divided Multiplied population of the
20 by the total official By particular
21 population of the municipality as of
22 municipalities as of January first of said
23 January first of the year.
24 year in which the
25 money is to be paid
26 to the municipalities.
27 .......................
28 (Amount due the
29 particular municipality)
30 To be expended by the authorities of the respective
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1 municipalities (i) for the maintenance, repair, construction or
2 reconstruction of such public roads or streets, including
3 bridges, culverts and drainage structures for which they are
4 legally responsible and including the lining of streams
5 incidental to the drainage of highways, and for the maintenance,
6 repair, construction or reconstruction of curb ramps from a
7 road, street or highway to provide for access by individuals
8 with disabilities consistent with Federal and State law; (ii)
9 for the acquisition, maintenance, repair and operation of street
10 signs, traffic signs and traffic signal control systems; and
11 (iii) for the maintenance, repair, construction or
12 reconstruction of alleys, ways [and], courts and bicycle and
13 pedestrian trails for which they are legally responsible. Where
14 road, bridge, alley, way [or], court or bicycle and pedestrian
15 trail work is performed by the political subdivision the moneys
16 herein allocated may be used only for labor, hiring of
17 equipment, payrolls, purchase of material, including repair
18 parts necessary for the maintenance of equipment, small tools,
19 road drags and snow fences and, in addition, an amount not to
20 exceed twenty per centum of the total annual allocation received
21 by each municipality, may be used for the purchase of road
22 machinery and road equipment.
23 No municipality shall receive less than the amount allocated
24 to such municipality during the fiscal year ending June 30,
25 1969. So much as is necessary of the taxes collected on each
26 gallon of liquid fuel under ["The Liquid Fuel Tax Act" and on
27 each gallon of fuel under the "Fuel Use Tax Act"] 75 Pa.C.S. Ch.
28 90 (relating to liquid fuels and fuels tax) is hereby
29 appropriated out of the Motor License Fund to municipalities of
30 the Commonwealth for the purpose of making any additional
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1 payments required under the provisions hereof. Funds hereby
2 appropriated shall be in addition to funds appropriated under
3 the provisions of section 3 of this act.
4 * * *
5 Section 3. This act shall take effect in 60 days.
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