PRINTER'S NO. 180

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 162 Session of 1987


        INTRODUCED BY LLOYD, TRELLO, HALUSKA, PISTELLA, CAPPABIANCA,
           RAYMOND, BALDWIN, KOSINSKI, COY, VEON, DOMBROWSKI, STABACK,
           D. R. WRIGHT, CARLSON, HASAY, CAWLEY, GODSHALL, DeLUCA,
           CORRIGAN AND WASS, FEBRUARY 4, 1987

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 4, 1987

                                     AN ACT

     1  Amending the act of June 19, 1964 (P.L.7, No.1), entitled "An
     2     act imposing a road tax upon certain motor carriers,
     3     providing for the collection and administration thereof,
     4     establishing penalties, and making an appropriation to the
     5     Motor License Fund," regulating credit for motor fuel tax
     6     payment.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 4(a) of the act of June 19, 1964 (P.L.7,
    10  No.1), known as the Motor Carriers Road Tax Act, is amended to
    11  read:
    12     Section 4.  Credit for Motor Fuel Tax Payment.--(a)  Every
    13  motor carrier subject to the tax hereby imposed, shall be
    14  entitled to a credit on such tax equivalent to the rate per
    15  gallon of the Pennsylvania tax which is currently in effect, on
    16  all gasoline or other motor fuel purchased by such carrier
    17  within this State for use in its operation either within or
    18  without this State and upon which gasoline or other motor fuel
    19  the tax imposed by the laws of this State has been paid by such

     1  carrier. Evidence of the payment of such tax in such form as may
     2  be required by, or is satisfactory to, the secretary, shall be
     3  furnished by each such carrier claiming the credit herein
     4  allowed. When the amount of the credit herein provided to which
     5  any motor carrier is entitled for any quarter exceeds the amount
     6  of the tax for which such carrier is liable for the same
     7  quarter, such excess shall, upon application and under
     8  regulations of the secretary, be allowed as a credit on the tax
     9  for which such carrier would be otherwise liable for any of the
    10  six succeeding quarters; or upon application with the Board of
    11  Finance and Revenue within one year from the end of any quarter,
    12  duly verified and presented, in accordance with regulations
    13  promulgated by the secretary and supported by such evidence as
    14  may be satisfactory to the board, such excess shall be refunded
    15  if it shall appear that the applicant has paid to another state
    16  under a lawful requirement of such state a tax, similar in
    17  effect to the tax herein provided, on the use or consumption in
    18  said state of gasoline or other motor fuel purchased in
    19  Pennsylvania, [to the extent of such payment to said other
    20  state,] but in no case to exceed the rate per gallon of the
    21  Pennsylvania fuels tax which is currently in effect.
    22     * * *
    23     Section 2.  This act shall take effect in 60 days.





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