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                                                      PRINTER'S NO. 1172

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1002 Session of 2007


        INTRODUCED BY DENLINGER, R. MILLER, BAKER, BENNINGHOFF, BOYD,
           CALTAGIRONE, CAPPELLI, CLYMER, CREIGHTON, DALLY, FABRIZIO,
           GEORGE, GODSHALL, GRELL, HENNESSEY, HERSHEY, HUTCHINSON,
           KAUFFMAN, M. KELLER, MANN, MARKOSEK, NAILOR, NICKOL, PICKETT,
           PYLE, RAPP, REICHLEY, ROHRER, ROSS, RUBLEY, SAYLOR AND
           YOUNGBLOOD, APRIL 3, 2007

        REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 3, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing, in motorbus road tax credits or
     3     refund, for bus company reimbursement for motor fuel tax.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9805 of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 9805.  Bus company reimbursement for motor fuel tax.
     9     (a)  General rule.--Every bus company shall be reimbursed in
    10  an amount determined by the department to be equivalent to the
    11  additional tax imposed by section 9502(a)(4) (relating to
    12  imposition of tax) and paid directly or indirectly by the bus
    13  company on fuel consumed by the bus company in its operations of
    14  motorbuses within this Commonwealth. The bus company must, under
    15  regulations of the department, submit an application for
    16  reimbursement to the department on or before the last day of the


     1  month immediately following the close of each quarter. The
     2  reimbursements authorized by this [section] subsection shall not
     3  include nor be subject to the payment of interest by the
     4  Commonwealth.
     5     (b)  Intercity buses.--The following shall apply:
     6         (1)  A bus company shall be reimbursed for the tax
     7     imposed by section 9004(a) and (b) (relating to imposition of
     8     tax, exemptions and deductions) which it has paid on fuels
     9     used in the operation of the bus company of intercity buses
    10     on highways within this Commonwealth, as determined under
    11     section 9607 (relating to calculation of amount of fuel used
    12     in Commonwealth).
    13         (2)  No claim for reimbursement of taxes imposed under
    14     subsection (a) shall be allowed for intercity buses under
    15     this subsection.
    16         (3)  A bus company must submit an application for
    17     reimbursement to the department on or before the last day of
    18     the month immediately following the close of each quarter.
    19     The reimbursements authorized by this subsection shall not
    20     include nor be subject to the payment of interest by the
    21     Commonwealth.
    22         (4)  For the purposes of this subsection, the term
    23     "intercity bus" shall mean a motorbus which meets all of the
    24     following:
    25             (i)  Is used to furnish, for compensation, passenger
    26         land transportation which is available to the general
    27         public.
    28             (ii)  Is engaged in either scheduled or nonscheduled
    29         transportation.
    30     Section 2.  This act shall take effect in 60 days.
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