HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1654, 1755               PRINTER'S NO. 2039

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1217 Session of 1984


        INTRODUCED BY WENGER AND HESS, JANUARY 24, 1984

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 30, 1984

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the allocation of proceeds
     3     from the oil company franchise tax.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9511(b) and (g) of Title 75 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 9511.  Allocation of proceeds.
     9     * * *
    10     (b)  State Highway Transfer Restoration Restricted Account.--
    11  The amount of the proceeds deposited in the Motor License Fund
    12  pursuant to this chapter which, in fiscal year 1983-1984, is
    13  attributable to two mills of the tax imposed under section
    14  9502(a) (relating to imposition of tax) and which, in fiscal
    15  year 1984-1985 and thereafter, is attributable to three mills of
    16  the tax, shall be deposited in the State Highway Transfer
    17  Restoration Restricted Account within the Motor License Fund,

     1  which account is hereby created. The funds deposited in the
     2  State Highway Transfer Restoration Restricted Account are hereby
     3  annually appropriated out of the account upon authorization by
     4  the Governor for expenditure [on functionally-local highways
     5  transferred under Chapter 92 (relating to transfer of State
     6  highways) or under section 222 of the act of June 1, 1945
     7  (P.L.1242, No.428), known as the State Highway Law] as provided
     8  in subsection (g).
     9     * * *
    10     (g)  Use of funds.--The funds appropriated in subsection (b)
    11  [for functionally-local highway transfer] shall be used to pay
    12  for the costs of restoration of such highways as provided in
    13  Chapter 92 and annual payments to the municipalities for highway
    14  maintenance [of the highways transferred under Chapter 92 or
    15  under section 222 of the act of June 1, 1945 (P.L.1242, No.428),
    16  known as the State Highway Law,] in accordance with the
    17  following:
    18         (1)  Annual maintenance payments shall be at the rate of
    19     $2,500 per mile for each highway or portion of highway
    20     transferred under Chapter 92, section 222 of the act of June
    21     1, 1945 (P.L.1242, No.428), known as the State Highway Law,
    22     or any statute in connection with which the department agreed  <--
    23     to attempt to secure payment for State highways heretofore
    24     transferred to a municipality ENACTED IN 1981.                 <--
    25         (2)  Annual maintenance payments shall be paid at the
    26     same time as funds appropriated under the act of June 1, 1956
    27     (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax
    28     Municipal Allocation Law, except that no maintenance payment
    29     shall be paid for a highway until after the year following
    30     its transfer to the municipality.
    19840S1217B2039                  - 2 -

     1         (3)  Annual maintenance payments under this subsection
     2     shall be in lieu of annual payments under the Liquid Fuels
     3     Tax Municipal Allocation Law.
     4         (4)  Annual maintenance payments under this subsection
     5     shall be deposited into the municipality's liquid fuels tax
     6     account and may be used on any streets and highways in the
     7     municipality in the same manner and subject to the same
     8     restrictions as liquid fuels tax funds paid under the Liquid
     9     Fuels Tax Municipal Allocation Law OR, IN THE CASE OF A        <--
    10     COUNTY, UNDER SECTION 10 OF THE ACT OF MAY 21, 1931 (P.L.149,
    11     NO.105), KNOWN AS THE LIQUID FUELS TAX ACT.
    12     Section 2.  This act shall take effect immediately.












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