PRIOR PRINTER'S NOS. 527, 1141 PRINTER'S NO. 1889
No. 468 Session of 1991
INTRODUCED BY MARKOSEK, PETRARCA, CESSAR, OLASZ, TIGUE, GEIST, MIHALICH, LAUGHLIN, HESS AND NAHILL, MARCH 11, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 6, 1991
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for exemptions from title and 3 registration fees; imposing a motorbus road tax; providing 4 penalties; and making repeals. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Chapter 81 of Title 75 of the Pennsylvania <-- 8 Consolidated Statutes is repealed. 9 Section 2 1. Section 1901(b) of Title 75 of the Pennsylvania <-- 10 Consolidated Statutes is amended by adding a paragraph to read: 11 § 1901. Exemption of entities and vehicles from fees. 12 * * * 13 (b) Title and registration fees.--No fee shall be charged 14 for titling or registration of any of the following: 15 * * * 16 (5) Vehicles on loan or transferred to a nonprofit 17 corporation by the United States Department of Defense or the 18 United States General Services Administration and used
1 exclusively for leasing to political subdivisions and State 2 agencies. Such vehicles shall be issued the same kind of 3 registration plates as are issued to vehicles registered by 4 political subdivisions. 5 * * * 6 SECTION 2. CHAPTER 81 OF TITLE 75 IS REPEALED. <-- 7 Section 3. Title 75 is amended by adding a chapter to read: 8 CHAPTER 98 9 MOTORBUS ROAD TAX 10 Sec. 11 9801. Short title of chapter. 12 9802. Definitions. 13 9803. Imposition of tax. 14 9804. Exemptions. 15 9805. Credit for motor fuel tax payment. 16 9806. Tax due date. 17 9807. Tax revenue to Motor License Fund. 18 9808. Calculation of amount of fuel used in Commonwealth. 19 9809. Report requirements. 20 9810. Identification markers required. 21 9811. Average consumption. 22 9812. Records. 23 9813. Penalty and interest for failure to report or pay tax. 24 9814. Time for payment of taxes, penalties and interest. 25 9815. Manner of payment and recovery of taxes, penalties and 26 interest. 27 9816. Determination, redetermination and review. 28 9817. Timely mailing treated as timely filing and payment. 29 9818. Availability of records of other agencies. 30 9819. False statements and penalties. 19910H0468B1889 - 2 -
1 9820. Special investigators; powers. 2 9821. Regulations. 3 § 9801. Short title of chapter. 4 This chapter shall be known and may be cited as the Motorbus 5 Road Tax Act. 6 § 9802. Definitions. 7 The following words and phrases when used in this chapter 8 shall have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Bus company." Every person who operates or causes to be 11 operated any motorbus on any highway in this Commonwealth. 12 "Department." The Department of Revenue of the Commonwealth. 13 "Highway." The Pennsylvania Turnpike and every way or place, 14 of whatever nature, open to the use of the public as a matter of 15 right for purposes of vehicular travel. The term does not 16 include a roadway or driveway upon grounds owned by private 17 persons, colleges, universities or other institutions. 18 "Motor fuel." Includes fuels as defined in the act of 19 January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use 20 Tax Act, and liquid fuels as defined in the act of May 21, 1931 21 (P.L.149, No.105), known as The Liquid Fuels Tax Act. 22 "Motorbus." A bus with a seating capacity of 20 or more 23 passengers, excluding the driver, except a school bus. 24 "Operations." Operations of all motorbuses, whether loaded 25 or empty, whether for compensation or not for compensation, and 26 whether owned by or leased to the bus company which operates 27 them or causes them to be operated. 28 "Secretary." The Secretary of Revenue of the Commonwealth. 29 § 9803. Imposition of tax. 30 (a) General rule.--Every bus company shall pay a road tax, 19910H0468B1889 - 3 -
1 calculated on the amount of motor fuel used in its operations on 2 highways within this Commonwealth, equivalent to the sum of: 3 (1) the rate per gallon of the Pennsylvania Liquid Fuels 4 Tax which is currently in effect; and 5 (2) the amount of tax, expressed on a cents-per-gallon 6 basis, imposed pursuant to Chapter 95 (relating to taxes for 7 highway maintenance and construction). 8 (b) Other taxes unaffected.--The taxes imposed on bus 9 companies by this chapter are in addition to any taxes of 10 whatever character imposed on such companies by any other 11 statute. 12 § 9804. Exemptions. 13 The requirements of this chapter do not apply to the 14 following motorbuses: 15 (1) A motorbus operated by or on behalf of any 16 department, board or commission of the Commonwealth, or any 17 political subdivision, AGENCY OR AUTHORITY thereof, or any <-- 18 GOVERNMENTAL UNIT OR quasi-governmental authority of which <-- 19 this Commonwealth is a participating member, or any agency of 20 the Federal Government or the District of Columbia, or of any 21 state or any political subdivision thereof which grants 22 similar exemptions to publicly owned vehicles registered in 23 this Commonwealth. 24 (2) An unloaded or towed motorbus which enters this 25 Commonwealth solely for the purpose of securing repairs or 26 reconditioning. The repair facility shall furnish to the bus 27 company a certificate to be carried by the motorbus operator 28 while the vehicle is in this Commonwealth for the purposes of 29 this paragraph. 30 (3) A motorbus needing emergency repairs which secures 19910H0468B1889 - 4 -
1 authorization from the Pennsylvania State Police to enter 2 this Commonwealth under this section. 3 § 9805. Credit for motor fuel tax payment. 4 (a) General rule.--Every bus company subject to the tax 5 imposed under this chapter shall be entitled to a credit on the 6 tax, for other fuel taxes paid on all motor fuel purchased by 7 the bus company within this Commonwealth for use in its 8 operation either within or without this Commonwealth. For 9 purposes of this section, other fuel taxes shall include the tax 10 imposed pursuant to the act of May 21, 1931 (P.L.149, No.105), 11 known as The Liquid Fuels Tax Act, the tax imposed pursuant to 12 the act of January 14, 1952 (1951 P.L.1965, No.550), known as 13 the Fuel Use Tax Act, the tax imposed pursuant to Chapter 95 14 (relating to taxes for highway maintenance and construction), 15 and all similar taxes now or hereafter imposed on motor fuel. 16 Evidence of the payment of the tax in such form as may be 17 required by, or is satisfactory to, the department, shall be 18 furnished by each bus company claiming the credit. 19 (b) Excess credit.--When the amount of the credit to which 20 any bus company is entitled for any reporting period exceeds the 21 amount of the tax for which the bus company is liable for the 22 same period, the department may apply all or part of the amount 23 of such excess credit against any liability in respect of the 24 tax imposed by this chapter on the bus company which incurred 25 the excess credit and upon request shall issue a refund in the 26 remaining amount of the credit to the bus company. For purposes 27 of payment of interest on refunds pursuant to section 806.1 of 28 the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal 29 Code, the amount of the refund shall be considered an 30 overpayment of tax made with the report on which credit is 19910H0468B1889 - 5 -
1 claimed. Refunds shall be paid out of the Motor License Fund. As 2 much of the moneys received as payment of the tax, interest and 3 penalties under this chapter as shall be necessary for the 4 payment of the refunds provided for in this chapter is hereby 5 appropriated for the payment of such refunds. No tax, interest, 6 penalty or fee received or derived from any other tax imposed by 7 the laws of this Commonwealth shall be used to pay any refund 8 due and payable under the provisions of this chapter. 9 § 9806. Tax due date. 10 The tax imposed under this chapter shall be paid by each bus 11 company quarterly to the department on or before the last day of 12 April, July, October and January of each year and shall be 13 calculated upon the amount of motor fuel used in its operations 14 on highways within this Commonwealth during the quarter ending 15 with the last day of the preceding month. 16 § 9807. Tax revenue to Motor License Fund. 17 All taxes, fees, penalties and interest paid under this 18 chapter shall be credited to and are hereby appropriated to the 19 Motor License Fund as provided for by section 11 of Article VIII 20 of the Constitution of Pennsylvania. 21 § 9808. Calculation of amount of fuel used in Commonwealth. 22 The amount of motor fuel used in the operations of any bus 23 company on highways within this Commonwealth shall be such 24 proportion of the total amount of the motor fuel used in its 25 entire operations within and without this Commonwealth as the 26 total number of miles traveled on highways within this 27 Commonwealth bears to the total number of miles traveled within 28 and without this Commonwealth. 29 § 9809. Report requirements. 30 Every bus company subject to the tax imposed by this chapter 19910H0468B1889 - 6 -
1 shall, on or before the last day of April, July, October and 2 January of every year, make to the department such reports of 3 its operations during the quarter ending the last day of the 4 preceding month as the department may require and such other 5 reports from time to time as the department may deem necessary. 6 The department may, by regulation, permit bus companies whose 7 estimated annual liability under this chapter is $250 or less to 8 file its report on an annual basis. 9 § 9810. Identification markers required. 10 (a) General rule.--The secretary shall provide an 11 identification marker for every motorbus. 12 (1) All motorbuses required to display the 13 identification marker shall permanently affix and display the 14 identification marker in such manner as the department, by 15 regulation, may specify. 16 (2) The identification marker shall remain the property 17 of the Commonwealth and may be recalled for any violation of 18 the provisions of this chapter or the regulations promulgated 19 thereunder. 20 (b) Fee.--The fee for issuance of an identification marker 21 shall be $5. 22 (c) Issuance of markers.--Identification markers shall be 23 issued on a 12-month basis, effective April 1 of each year, and 24 shall be valid through the next succeeding March 31; however, 25 enforcement of this section shall not become effective until 26 April 15 of each year as to motorbuses displaying the previous 27 year's identification marker. 28 (d) Operation without identification marker unlawful.--It 29 shall be unlawful to operate or to cause to be operated in this 30 Commonwealth any motorbus unless the vehicle bears the 19910H0468B1889 - 7 -
1 identification marker required by this section. 2 (e) Exemption.-- 3 (1) The secretary may, by regulation, exempt from the 4 requirement to display the identification marker motorbuses 5 which in his opinion are clearly identifiable such that 6 effective enforcement of this chapter will not suffer 7 thereby. 8 (2) For a period not exceeding five days, as to any one 9 bus company, the Secretary of Revenue, by letter or telegram, 10 may authorize the operation of a motorbus without the 11 identification marker required when the enforcement of this 12 section for that period would cause undue delay and hardship 13 in the operation of such motorbus. 14 (3) The fee for such permits shall be $25 for each 15 motorbus. 16 (4) Conditions for the issuance of such permits shall be 17 set forth in regulations promulgated by the department. 18 § 9811. Average consumption. 19 In the absence of adequate records or other evidence 20 satisfactory to the department showing the number of miles 21 operated by a bus company's motorbuses per gallon of motor fuel, 22 any such motorbus shall be deemed to have consumed one gallon of 23 motor fuel for each four miles operated. 24 § 9812. Records. 25 Every bus company shall keep such records, in such form as 26 the department reasonably may prescribe, as will enable the bus 27 company to report and enable the department to determine the 28 total number of over-the-road miles traveled by its entire fleet 29 of motorbuses, the total number of over-the-road miles traveled 30 in this Commonwealth by the entire fleet, the total number of 19910H0468B1889 - 8 -
1 gallons of motor fuel used by the entire fleet and the total 2 number of gallons of motor fuel purchased in this Commonwealth 3 for the entire fleet. All such records shall be safely preserved 4 for a period of five years in such manner as to insure their 5 security and availability for inspection by the secretary or any 6 authorized employee engaged in the administration of this 7 chapter. Upon application in writing stating the reasons 8 therefor, the department may in its discretion consent to the 9 destruction of any such records at any time within that period 10 if the records pertain to a period which has been audited by the 11 department. Every taxpayer shall retain records required by this 12 chapter at a place within this Commonwealth, but a taxpayer who 13 elects to retain records outside of this Commonwealth shall 14 assume reasonable out-of-State audit expenses. 15 § 9813. Penalty and interest for failure to report or pay tax. 16 When any bus company fails to file a report within the time 17 prescribed by this chapter, he shall pay as a penalty $25 for 18 each failure to file on or before the prescribed date. In 19 addition to this penalty, any unpaid tax shall bear interest 20 pursuant to section 806 of the act of April 9, 1929 (P.L.343, 21 No.176), known as The Fiscal Code, until the tax is paid. The 22 penalties and interest charges imposed shall be paid to the 23 department in addition to the tax due. 24 § 9814. Time for payment of taxes, penalties and interest. 25 All taxes, penalties and interest assessed under this 26 chapter, unless earlier payment is provided in this chapter, 27 shall be paid within 15 days after notice and demand have been 28 mailed to the bus company by the department. If the taxes, 29 penalties and interest assessed pursuant to this section and 30 section 9813 (relating to penalty and interest for failure to 19910H0468B1889 - 9 -
1 report or pay tax) are not paid within 15 days, there shall be 2 added to the amount of assessment, in addition to interest as 3 already provided and any other penalties provided by law, a sum 4 equivalent to 5% of the tax. Payment of any taxes, penalties and 5 interest assessed under this chapter shall not prejudice a bus 6 company's right to file a petition for redetermination, refund 7 or review with the department, the Board of Finance and Revenue 8 or the courts. 9 § 9815. Manner of payment and recovery of taxes, penalties and 10 interest. 11 (a) General rule.--All penalties and interest when imposed 12 under this chapter shall be payable to and recoverable by the 13 department in the same manner as if they were part of the tax 14 imposed. 15 (b) Imposition of lien.--The taxes, fees, interests and 16 penalties imposed under this chapter, from the time they are 17 due, shall be a debt of a bus company which does not maintain 18 premises for the transaction of business within this 19 Commonwealth, recoverable in an action of assumpsit in the name 20 of the Commonwealth. This debt, whether sued upon or not, shall 21 be a lien on all the property of the debtor, except as against 22 an innocent purchaser for value without notice thereof, and 23 shall have priority both in lien and distribution of the assets 24 of the bus company, whether in bankruptcy, insolvency or 25 otherwise. The proceeds of any judgment or order obtained under 26 this section shall be paid to the department. 27 (c) Recording of lien and execution.--Any tax determined to 28 be due from any person who maintains premises for the conduct of 29 business in this Commonwealth and remaining unpaid after demand 30 for the tax, and all penalties and interest thereon, shall be a 19910H0468B1889 - 10 -
1 lien in favor of the Commonwealth upon the real and personal 2 property of the person, but only after the lien has been entered 3 and docketed of record by the prothonotary of the county where 4 the property is situated. The department may at any time 5 transmit to the prothonotaries of the respective counties 6 certified copies of all liens for such taxes, penalties and 7 interest, and it shall be the duty of each prothonotary 8 receiving the lien to enter and docket the lien of record in his 9 office, which lien shall be indexed as judgments are now 10 indexed. A writ of execution may directly issue upon the lien 11 without the issuance and prosecution to judgment of a writ of 12 scire facias. Not less than ten days before issuance of any 13 execution on the lien, notice of the filing and the effect of 14 the lien shall be sent by registered mail to the taxpayer at his 15 last known post office address. 16 (d) Priority of lien.--The lien imposed under this section 17 shall have priority from the date of its recording and shall be 18 fully paid and satisfied out of the proceeds of any judicial 19 sale of property subject thereto, before any other obligation, 20 judgment, claim, lien or estate to which the property may 21 subsequently become subject, except costs of the sale and of the 22 writ upon which the sale was made, and real estate taxes and 23 municipal claims against the property, but shall be subordinate 24 to mortgages and other liens existing and duly recorded or 25 entered of record prior to the recording of the tax lien. In the 26 case of a judicial sale of property subject to a lien imposed 27 under this section upon a lien or claim over which the lien 28 imposed under this section has priority, the sale shall 29 discharge the lien imposed under this section to the extent only 30 that the proceeds are applied to its payment, and the lien shall 19910H0468B1889 - 11 -
1 continue in full force and effect as to the balance remaining 2 unpaid. 3 (e) Renewal of lien.--The lien imposed under this section 4 shall continue for five years from the date of its entry of 5 record and may be renewed and continued in the manner provided 6 for the renewal of judgments. 7 § 9816. Determination, redetermination and review. 8 (a) Determination of correct tax.--If any person fails to 9 pay any tax imposed by this chapter for which he is liable or if 10 any person overpays the tax for which he is liable, the 11 department may make a determination of the correct amount of tax 12 and interest due by the person based upon any information within 13 its possession or that shall come into its possession. All 14 determinations shall be made so that notice thereof shall reach 15 the parties against whom made within five years after the due 16 date of the tax. Any assessment of additional tax may be made at 17 any time during that period notwithstanding that the department 18 may have made one or more previous assessments against the 19 taxpayer for the year in question or for any part of that year. 20 In any case, no credit shall be given for any penalty previously 21 assessed or paid. 22 (b) Failure to file report.--Where no report is filed, the 23 amount of the tax due may be assessed and collected at any time 24 as to taxable transactions not reported. 25 (c) False or fraudulent report.--Where the taxpayer 26 willfully files a false or fraudulent report with intent to 27 evade the tax imposed by this chapter, the amount of tax due may 28 be assessed and collected at any time. 29 (d) Extension of period for assessment.--Notwithstanding any 30 of the other provisions of this chapter, where, before the 19910H0468B1889 - 12 -
1 expiration of the period prescribed therein for the 2 determination of the correct amount of tax, a taxpayer has 3 consented in writing that the period be extended, the correct 4 amount of tax may be determined at any time within the extended 5 period. The period so extended may be extended further by 6 subsequent consent in writing made before the expiration of the 7 extended period. 8 (e) Petition for redetermination.--Promptly after the date 9 of the determination, the department shall send, by first class 10 mail, a copy thereof to the person against whom it was made. 11 Within 90 days after the date on which the copy of any such 12 determination was mailed, the person may file with the 13 department a petition for redetermination of the taxes. The 14 petition for redetermination shall state specifically the 15 reasons which the petitioner believes entitle him to the 16 redetermination, and it shall be supported by affirmation that 17 it is not made for the purpose of delay and that the facts set 18 forth therein are true. It shall be the duty of the department, 19 within six months after the date of any determination, to 20 dispose of any petition for redetermination. Notice of the 21 action taken upon any petition for redetermination shall be 22 given to the petitioner promptly after the date of 23 redetermination by the department. 24 (f) Review and appeal.--Any person shall have the right to 25 review by the Board of Finance and Revenue and appeal in the 26 same manner and within the same time as provided by law in the 27 case of capital stock and franchise taxes imposed upon 28 corporations. 29 § 9817. Timely mailing treated as timely filing and payment. 30 With respect to all reports, claims, statements and other 19910H0468B1889 - 13 -
1 documents required to be filed and all payments required to be 2 made under this chapter, a report, claim, statement and other 3 document or payment of tax withheld shall be considered as 4 timely filed if the report, claim, statement or other document 5 or payment which has been received by the department is 6 postmarked by the United States Postal Service on or prior to 7 the final day on which payment is to be received. For the 8 purposes of this chapter, the presentation of a receipt 9 indicating that the report, claim, statement or other document 10 or payment was mailed by registered or certified mail on or 11 before the due date shall be prima facie evidence of timely 12 filing of the report, claim, statement or other document or 13 payment. 14 § 9818. Availability of records of other agencies. 15 The records of any other Commonwealth agency, to the extent 16 that they may be pertinent to the administration and enforcement 17 of this chapter and the determination of liability thereunder, 18 shall be available to the department. 19 § 9819. False statements and penalties. 20 (a) False statements.--Any person who willfully and 21 knowingly makes, publishes, delivers or utters a false statement 22 orally or in writing or in the form of a receipt for the sale of 23 motor fuel, for the purpose of obtaining or attempting to 24 obtain, or to assist any person to obtain or attempt to obtain, 25 a credit or refund or reduction of liability for taxes under 26 this chapter commits a summary offense and shall, upon 27 conviction, be sentenced to pay a fine of not less than $100 nor 28 more than $500. For each subsequent or additional offense, the 29 person shall be sentenced to pay a fine of not less than $200 30 nor more than $500 or to imprisonment for not more than 90 days, 19910H0468B1889 - 14 -
1 or both. 2 (b) Other penalties.--Any person violating any provision of 3 this chapter not covered by any other penalty contained in this 4 chapter commits a summary offense and shall, upon conviction, be 5 sentenced to pay a fine of not less than $100 nor more than 6 $500. For each subsequent or additional offense, the person 7 shall be sentenced to pay a fine of not less than $200 nor more 8 than $500 or to imprisonment for not more than 90 days, or both. 9 If the person convicted is a corporation, any imprisonment 10 imposed shall be served by the responsible corporate employee. 11 § 9820. Special investigators; powers. 12 Employees of the department who are designated as special 13 investigators, and who carry identification indicating such 14 capacity, are hereby declared to be peace officers of the 15 Commonwealth, are hereby given police power and authority 16 throughout this Commonwealth to arrest on view without warrant 17 any driver of a motorbus engaged in any operations in violation 18 of any provision of this chapter and shall have the power and 19 authority upon probable cause that any such violation may have 20 occurred to search and seize without warrant or process any 21 motorbus so operated. 22 § 9821. Regulations. 23 The department shall, from time to time, promulgate such 24 regulations as may be necessary for the effective enforcement of 25 this chapter. 26 Section 4. The act of August 1, 1963 (P.L.476, No.249), 27 entitled "An act providing for the taxation of motor fuels 28 consumed by interstate buses upon a system uniform among 29 jurisdictions enacting the same provisions," is repealed. 30 Section 5. The addition of 75 Pa.C.S. Ch. 98 shall apply on 19910H0468B1889 - 15 -
1 the first day of the first quarter beginning at least three 2 months after its effective date. The provisions of 75 Pa.C.S. § 3 9810(d) shall not be enforced until the first day of the second 4 quarter beginning at least three months after the effective date 5 of this act. If this act takes effect on or after October 1, 6 1991, any identification marker issued for any period prior to 7 April 1, 1992, shall not expire until March 31, 1993. 8 Section 6. This act shall take effect immediately. A29L75WMB/19910H0468B1889 - 16 -