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                                                      PRINTER'S NO. 3382

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2307 Session of 2008


        INTRODUCED BY EVERETT, BAKER, BELFANTI, BEYER, BOYD, CAUSER,
           COHEN, CREIGHTON, CUTLER, DALEY, FAIRCHILD, FLECK, GEIST,
           GEORGE, GILLESPIE, HARHAI, HENNESSEY, HERSHEY, HESS,
           HICKERNELL, HORNAMAN, HUTCHINSON, KILLION, KULA, LONGIETTI,
           MILLARD, R. MILLER, MOYER, MUSTIO, MYERS, NAILOR, NICKOL,
           O'NEILL, PAYNE, PEIFER, PHILLIPS, PICKETT, PYLE, ROAE,
           ROHRER, ROSS, SAYLOR, SCAVELLO, SEIP, SIPTROTH, K. SMITH,
           STERN, R. STEVENSON, SURRA, SWANGER, WALKO AND J. WHITE,
           MARCH 10, 2008

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 10, 2008

                                     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
     9     permissible expenditures.

    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 clause to read:
    15     Section 2.  As used in this act--
    16     * * *
    17     (8)  "Municipal facilities relating to public safety" means
    18  any way or paved section adjacent to a garage or building that

     1  is used by public emergency vehicles, including, but not limited
     2  to, fire apparatus, ambulances, police vehicles, snow plows,
     3  graders and like vehicles.
     4     Section 2.  Section 4(1) of the act, amended November 23,
     5  2004 (P.L.944, No.138), 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 or snow or ice removal from such public roads
     5  or streets, including bridges, culverts and drainage structures
     6  for which they are legally responsible, including snow or ice
     7  removal at municipal facilities relating to public safety and
     8  including the lining of streams incidental to the drainage of
     9  highways, and for the maintenance, repair, construction or
    10  reconstruction of curb ramps from a road, street or highway to
    11  provide for access by individuals with disabilities consistent
    12  with Federal and State law; (ii) for the acquisition,
    13  maintenance, repair and operation of street signs, traffic signs
    14  and traffic signal control systems; (iii) for the maintenance,
    15  repair, construction or reconstruction of alleys, ways and
    16  courts for which they are legally responsible. Where road,
    17  bridge, alley, way or court work is performed by the political
    18  subdivision the moneys herein allocated may be used only for
    19  labor, hiring of equipment, payrolls, purchase of material,
    20  including repair parts necessary for the maintenance of
    21  equipment, small tools, road drags and snow fences and, in
    22  addition, an amount not to exceed twenty per centum of the total
    23  annual allocation received by each municipality, may be used for
    24  the purchase of road machinery and road equipment; and (iv) for
    25  the acquisition of computer-related hardware, software and
    26  training required for the electronic processing of information
    27  concerning the funds appropriated and allocated under this act,
    28  including the preparation and electronic submission of the
    29  required annual reports for payment certification, provided that
    30  expenditures under this subclause may not exceed one thousand
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     1  dollars ($1,000) annually.
     2     No municipality shall receive less than the amount allocated
     3  to such municipality during the fiscal year ending June 30,
     4  1969. So much as is necessary of the taxes collected on each
     5  gallon of liquid fuel under "The Liquid Fuel Tax Act" and on
     6  each gallon of fuel under the "Fuel Use Tax Act" is hereby
     7  appropriated out of the Motor License Fund to municipalities of
     8  the Commonwealth for the purpose of making any additional
     9  payments required under the provisions hereof. Funds hereby
    10  appropriated shall be in addition to funds appropriated under
    11  the provisions of section 3 of this act.
    12     * * *
    13     Section 3.  This act shall take effect in 60 days.












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