THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, KITCHEN, FERLO, ERICKSON AND FARNESE, JANUARY 30, 2009

REFERRED TO TRANSPORTATION, JANUARY 30, 2009  

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, further providing for restrictions on

gasoline taxes and motor license fees.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That section 11(a) of Article VIII be amended to read:

§ 11.  Gasoline taxes and motor license fees restricted.

(a)  All proceeds from gasoline and other motor fuel excise

taxes, motor vehicle registration fees and license taxes,

operators' license fees and other excise taxes imposed on

products used in motor transportation after providing therefrom

for (a) cost of administration and collection, (b) payment of

obligations incurred in the construction and reconstruction of

public highways and bridges shall be appropriated by the General

Assembly to agencies of the State or political subdivisions

thereof; and used solely for construction, reconstruction,

maintenance and repair of and safety on public highways and

bridges and costs and expenses incident thereto[,] and for

development, construction, reconstruction, maintenance and

repair of mass public transportation systems and costs and

expenses incident thereto, and for the payment of obligations

incurred for such purposes, and shall not be diverted by

transfer or otherwise to any other purpose, except that loans

may be made by the State from the proceeds of such taxes and

fees for a single period not exceeding eight months, but no such

loan shall be made within the period of one year from any

preceding loan, and every loan made in any fiscal year shall be

repayable within one month after the beginning of the next

fiscal year.

* * *

Section 2.  (a)  Upon the first passage by the General

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

(b)  Upon the second passage by the General Assembly of this

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.