SENATE AMENDED
        PRIOR PRINTER'S NO. 192                       PRINTER'S NO. 2684

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 191 Session of 1981


        INTRODUCED BY WILSON, JANUARY 26, 1981

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 15, 1981

                                     AN ACT

     1  Amending the act of January 14, 1952 (1951 P.L.1965, No.550),
     2     entitled, as amended "An act imposing a permanent and a
     3     temporary State tax on fuels used within the Commonwealth in
     4     internal combustion engines for the generation of power to
     5     propel motor vehicles using the public highways; imposing a
     6     permanent tax on the fuels used in aircraft or aircraft
     7     engines; providing for the collection and lien of the tax and
     8     the distribution and use of the proceeds thereof; requiring
     9     dealer-users to secure licenses and to file bonds as a
    10     guarantee of payment of taxes, penalties, interest, fines,
    11     uncollectible check fees and Attorney General's fees, to file
    12     reports and to compile and retain certain records; requiring
    13     registration of carriers for hire; imposing duties on such
    14     persons; requiring persons selling or delivering fuels to
    15     licensed dealer-users to furnish information; imposing
    16     certain costs on counties; conferring powers and imposing
    17     duties on State officers and departments; providing for
    18     refunds of taxes, penalties and interest illegally or
    19     erroneously collected from licensees; and providing
    20     penalties," further providing for the payment of tax by
    21     individual users for private automobiles and trucks.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  The act of January 14, 1952 (1951 P.L.1965,
    25  No.550), known as the "Fuel Use Tax Act," is amended by adding a
    26  section to read:


     1     Section 5.1.  Payment of Tax by Certain Individuals.--(a)
     2  Notwithstanding any provision of this act, an individual who
     3  purchases liquid fuel as defined in this act for his private      <--
     4  automobile or truck not primarily used for commercial purposes
     5  shall pay the tax assessed under this act directly to the vendor
     6  of the fuel at the time the fuel is purchased.
     7     (b)  The licensing and bond requirements of this act shall
     8  not apply to any individual paying tax pursuant to this section.
     9     (c)  The department shall in the manner provided by law
    10  promulgate the rules, regulations and forms necessary to carry
    11  out this section.
    12     Section 2.  This act shall take effect immediately.












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