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                                                      PRINTER'S NO. 3015

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2218 Session of 2003


        INTRODUCED BY HERMAN, HESS, WATSON, WILT, BASTIAN, BELFANTI,
           BENNINGHOFF, BOYD, BUNT, CAPPELLI, DENLINGER, DeWEESE,
           FABRIZIO, FICHTER, GINGRICH, GRUCELA, HARRIS, HICKERNELL,
           HORSEY, HUTCHINSON, KILLION, McILHATTAN, MELIO, O'NEILL,
           PALLONE, PISTELLA, READSHAW, RUBLEY, SATHER, SCAVELLO,
           SHANER, SOLOBAY, SURRA, TIGUE AND YOUNGBLOOD,
           NOVEMBER 25, 2003

        REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 25, 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," adding a definition of
     9     "computer-related hardware, software and training"; and
    10     further providing for moneys appropriated to municipalities.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2 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, is amended by adding a paragraph to read:
    16     Section 2.  As used in this act--
    17     * * *
    18     (7)  "Computer-related hardware, software and training" means
    19  electronic devices and their proper and related programming


     1  necessary for the electronic processing of information and the
     2  associated instruction requisite for the exclusive operation of
     3  those devices.
     4     Section 2.  Section 4(1) of the act, amended December 3, 1998
     5  (P.L.922, No.114), is amended to read:
     6     Section 4.  The money hereby appropriated to municipalities
     7  shall be paid to the municipalities in accordance with the
     8  following formula and subject to the provisions of this act:
     9     (1)  The money hereby allocated shall be paid to the cities,
    10  boroughs, towns and townships in accordance with the following
    11  formula:
    12  Five-tenths of this                       The number of miles
    13  allocation divided         Multiplied     in the particular
    14  by the total miles             By         municipality.
    15  of public roads and
    16  streets which are
    17  maintained by
    18  municipalities.
    19                               Plus
    20  Five-tenths of this                       The official
    21  allocation divided         Multiplied     population of the
    22  by the total official          By         particular
    23  population of the                         municipality as of
    24  municipalities as of                      January first of said
    25  January first of the                      year.
    26  year in which the
    27  money is to be paid
    28  to the municipalities.
    29                                           .......................
    30                                          (Amount due the
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     1                                          particular municipality)
     2  To be expended by the authorities of the respective
     3  municipalities (i) for the maintenance, repair, construction or
     4  reconstruction of such public roads or streets, including
     5  bridges, culverts and drainage structures for which they are
     6  legally responsible and including the lining of streams
     7  incidental to the drainage of highways, and for the maintenance,
     8  repair, construction or reconstruction of curb ramps from a
     9  road, street or highway to provide for access by individuals
    10  with disabilities consistent with Federal and State law; (ii)
    11  for the acquisition, maintenance, repair and operation of street
    12  signs, traffic signs and traffic signal control systems; [and]
    13  (iii) for the maintenance, repair, construction or
    14  reconstruction of alleys, ways and courts for which they are
    15  legally responsible. Where road, bridge, alley, way or court
    16  work is performed by the political subdivision the moneys herein
    17  allocated may be used only for labor, hiring of equipment,
    18  payrolls, purchase of material, including repair parts necessary
    19  for the maintenance of equipment, small tools, road drags and
    20  snow fences and, in addition, an amount not to exceed twenty per
    21  centum of the total annual allocation received by each
    22  municipality, may be used for the purchase of road machinery and
    23  road equipment[.]; and (iv) for the acquisition of computer-
    24  related hardware, software and training required for the
    25  electronic processing of information concerning the funds
    26  appropriated and allocated under this act, including the
    27  preparation and electronic submission of the required annual
    28  reports for payment certification, provided that expenditures
    29  under this subclause may not exceed one thousand dollars
    30  ($1,000) annually.
    20030H2218B3015                  - 3 -     

     1     No municipality shall receive less than the amount allocated
     2  to such municipality during the fiscal year ending June 30,
     3  1969. So much as is necessary of the taxes collected on each
     4  gallon of liquid fuel under "The Liquid Fuel Tax Act" and on
     5  each gallon of fuel under the "Fuel Use Tax Act" is hereby
     6  appropriated out of the Motor License Fund to municipalities of
     7  the Commonwealth for the purpose of making any additional
     8  payments required under the provisions hereof. Funds hereby
     9  appropriated shall be in addition to funds appropriated under
    10  the provisions of section 3 of this act.
    11     * * *
    12     Section 3.  This act shall take effect in 60 days.












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