PRINTER'S NO. 1950
No. 1590 Session of 1997
INTRODUCED BY VEON, M. COHEN, BELFANTI, DeWEESE, BELARDI, ITKIN,
TRAVAGLIO, MELIO, CASORIO, BOSCOLA, JOSEPHS, LUCYK,
SCRIMENTI, SAINATO, CALTAGIRONE, LaGROTTA, WOJNAROSKI,
ROONEY, BEBKO-JONES, DeLUCA, WALKO, OLASZ, COY, GIGLIOTTI,
STETLER, SURRA, TANGRETTI, McCALL, COLAFELLA, LAUGHLIN AND
STABACK, JUNE 4, 1997
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 4, 1997
AN ACT
1 Amending Titles 74 (Transportation) and 75 (Vehicles) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 certain workers, for supplemental transportation assistance,
4 for registration and other fees relating to vehicles, for the
5 operation of vehicles, for vehicle inspection, for operation
6 of certain combinations, for vehicle characteristics, for
7 highway maintenance and for tax on fuels.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1303(g) of Title 74 of the Pennsylvania
11 Consolidated Statutes is amended by adding a paragraph to read:
12 § 1303. Annual appropriation and computation of subsidy.
13 * * *
14 (g) Standards and measures.--
15 * * *
16 (6) Nothing in this section shall permit the
17 substitution of unorganized workers to perform work that is
18 currently provided by workers who are members of a collective
1 bargaining organization.
2 * * *
3 Section 2. Section 1310.1(a) of Title 74, added April 17,
4 1997 (P.L. , No.3), is amended to read:
5 § 1310.1. Supplemental public transportation assistance
6 funding.
7 (a) General rule.--Beginning July 1, 1997, 1.22% of the
8 money collected from the tax imposed under Article II of the act
9 of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
10 1971, [up to a maximum of] or $75,000,000, whichever amount is
11 greater shall be deposited in the Supplemental Public
12 Transportation Account, which is established in the State
13 Treasury. Within 30 days of the close of a calendar month, 1.22%
14 of the taxes received in the prior calendar month shall be
15 transferred to the account. No [funds in excess of] amount less
16 than $75,000,000 may be transferred to the account in any one
17 fiscal year. The money in the account shall be used by the
18 department for supplemental public transportation assistance, to
19 be distributed under this section. Transit entities may use
20 supplemental assistance moneys for any of the purposes
21 enumerated in section 1311 (relating to use of funds
22 distributed). In addition to those enumerated purposes, Class 1,
23 2 and 3 transit entities also may use the base supplemental
24 assistance share for general operations. Class 4 transit
25 entities may use all supplemental assistance moneys for general
26 operations.
27 * * *
28 Section 3. Sections 1913, 1916, 1917, 1920, 1921, 1923,
29 1924, 1925, 1926, 1926.1, 1927, 1929, 1932, 1933, 1952, 4702(b),
30 4904(e), 4908, 4923, 9101, 9102, 9502(a) and 9603 of Title 75,
19970H1590B1950 - 2 -
1 amended April 17, 1997 (P.L. , No.3), are amended to read:
2 § 1913. Motor homes.
3 The annual fee for registration of a motor home shall be
4 determined by its registered gross weight in pounds according to
5 the following table:
6 Registered Gross
7 Class Weight in Pounds Fee
8 [1 8,000 or less $45
9 2 8,001 - 11,000 63
10 3 11,001 or more 81]
11 1 8,000 or less $30
12 2 8,001 - 11,000 42
13 3 11,001 or more 54
14 § 1916. Trucks and truck tractors.
15 (a) General rule.--
16 (1) The annual fee for registration of a truck or truck
17 tractor shall be determined by its registered gross weight or
18 combination weight in pounds according to the following
19 table:
20 Registered
21 Gross or Combination
22 Class Weight in Pounds Fee
23 [1 5,000 or less $ 58.50
24 2 5,001 - 7,000 81.00
25 3 7,001 - 9,000 153.00
26 4 9,001 - 11,000 198.00
27 5 11,001 - 14,000 243.00
28 6 14,001 - 17,000 288.00
29 7 17,001 - 21,000 355.50
30 8 21,001 - 26,000 405.00
19970H1590B1950 - 3 -
1 9 26,001 - 30,000 472.50
2 10 30,001 - 33,000 567.00
3 11 33,001 - 36,000 621.00
4 12 36,001 - 40,000 657.00
5 13 40,001 - 44,000 697.50
6 14 44,001 - 48,000 751.50
7 15 48,001 - 52,000 828.00
8 16 52,001 - 56,000 882.00
9 17 56,001 - 60,000 999.00
10 18 60,001 - 64,000 1,111.50
11 19 64,001 - 68,000 1,165.50
12 20 68,001 - 73,280 1,251.00
13 21 73,281 - 76,000 1,597.50
14 22 76,001 - 78,000 1,633.50
15 23 78,001 - 78,500 1,651.50
16 24 78,501 - 79,000 1,669.50
17 25 79,001 - 80,000 1,687.50]
18 1 5,000 or less $ 39
19 2 5,001 - 7,000 54
20 3 7,001 - 9,000 102
21 4 9,001 - 11,000 132
22 5 11,001 - 14,000 162
23 6 14,001 - 17,000 192
24 7 17,001 - 21,000 237
25 8 21,001 - 26,000 270
26 9 26,001 - 30,000 315
27 10 30,001 - 33,000 378
28 11 33,001 - 36,000 414
29 12 36,001 - 40,000 438
30 13 40,001 - 44,000 465
19970H1590B1950 - 4 -
1 14 44,001 - 48,000 501
2 15 48,001 - 52,000 552
3 16 52,001 - 56,000 588
4 17 56,001 - 60,000 666
5 18 60,001 - 64,000 741
6 19 64,001 - 68,000 777
7 20 68,001 - 73,280 834
8 21 73,281 - 76,000 1,065
9 22 76,001 - 78,000 1,089
10 23 78,001 - 78,500 1,101
11 24 78,501 - 79,000 1,113
12 25 79,001 - 80,000 1,125
13 (2) A portion of the registration fee for any truck or
14 truck tractor in Classes 9 through 25 shall be deposited in
15 the Highway Bridge Improvement Restricted Account within the
16 Motor License Fund according to the following table:
17 Amount Deposited in
18 Highway Bridge Improvement
19 Classes Restricted Account
20 9-12 $ 72
21 13-17 108
22 18-20 144
23 21-25 180
24 (b) Optional registration.--Any vehicle falling within the
25 range of weights for Classes 1 through 4, inclusive, shall
26 notwithstanding any gross vehicle weight stamped on the
27 manufacturer's serial plate, be registered, upon request of the
28 person making application for registration, at the maximum
29 allowable gross or combination weight for the particular weight
30 class within which the gross vehicle weight determined by the
19970H1590B1950 - 5 -
1 manufacturer causes such vehicle to fall.
2 § 1917. Motor buses and limousines.
3 The annual fee for registration of a motor bus or a limousine
4 shall be determined by its seating capacity according to the
5 following table:
6 Seating Capacity Fee
7 [26 or less $ 9 per seat
8 27 - 51 234 plus $11.25 per seat
9 in excess of 26
10 52 or more 540]
11 26 or less $ 6 per seat
12 27 - 51 156 plus $7.50 per seat
13 in excess of 26
14 52 or more 360
15 § 1920. Trailers.
16 (a) General rule.--The annual fee for registration of a
17 trailer shall be determined by its registered gross weight
18 according to the following table:
19 Registered Gross
20 Weight in Pounds Fee
21 3,000 or less $ 6
22 3,001 - 10,000 12
23 10,001 or more 27
24 (b) Optional five-year registration.--A trailer with a
25 registered gross weight of 10,000 pounds or less may be
26 registered for a period of five years upon payment by the
27 registrant of the applicable fee for such period.
28 [(c) Optional permanent registration.--A trailer with a
29 registered gross weight of 10,001 or more pounds may be
30 registered for a one-time fee of $135 in lieu of the annual fee
19970H1590B1950 - 6 -
1 at the option of the registrant.]
2 § 1921. Special mobile equipment.
3 The annual fee for registration of special mobile equipment
4 shall be [$36] $24.
5 § 1923. Antique, classic and collectible vehicles.
6 The fee for registration of an antique, classic or
7 collectible motor vehicle shall be [$75] $50.
8 § 1924. Farm vehicles.
9 (a) General rule.--The annual fee for registration of a farm
10 vehicle shall be [$76.50] $51 or one-third of the regular fee,
11 whichever is greater.
12 (b) Certificate of exemption.--The biennial processing fee
13 for a certificate of exemption issued in lieu of registration of
14 a farm vehicle shall be determined by the type of certificate
15 issued and the gross weight or combination weight or weight
16 rating according to the following table:
17 Certificate type Weight in pounds Fee
18 Type I 17,000 or less $24
19 Type II greater than 17,000 50
20 Type I greater than 17,000 100
21 § 1925. Ambulances, taxis and hearses.
22 The annual fee for registration of an ambulance, taxi or
23 hearse shall be [$54] $36.
24 § 1926. Dealers and miscellaneous motor vehicle business.
25 (a) General rule.--The annual fee for a dealer registration
26 plate or miscellaneous motor vehicle business plate shall be
27 $36.
28 (b) Motorcycle dealers.--The annual fee for each dealer
29 registration plate issued to a motorcycle dealer other than a
30 motor-driven cycle dealer shall be [$18] $12.
19970H1590B1950 - 7 -
1 (c) Motor-driven cycle dealers.--The annual fee for each
2 dealer registration plate issued to a motor-driven cycle dealer
3 shall be [$9] $6.
4 (d) Multipurpose dealer registration plate.--The annual fee
5 for a multipurpose dealer registration plate shall be the
6 appropriate fee specified in section 1913 (relating to motor
7 homes) for motor homes, the appropriate fee specified in section
8 1916 (relating to trucks and truck tractors) for trucks and
9 truck tractors and the appropriate fee specified in section
10 1920(a) (relating to trailers) for trailers.
11 § 1926.1. Farm equipment vehicle dealers.
12 The annual fee for registration of a farm equipment dealer
13 truck or truck tractor shall be one-half of the regular fee or
14 [$243] $162, whichever is greater.
15 § 1927. Transfer of registration.
16 The fee for transfer of registration shall be [$6] $4.
17 § 1929. Replacement registration plates.
18 The fee for a replacement registration plate other than a
19 legislative or personal plate shall be [$7.50] $5.
20 § 1932. Duplicate registration cards.
21 The fee for each duplicate registration card when ordered at
22 the time of vehicle registration or transfer or renewal of
23 registration shall be [$1.50] $1. The fee for each duplicate
24 registration card issued at any other time shall be [$4.50] $3.
25 § 1933. Commercial implements of husbandry.
26 The annual fee for registration of a commercial implement of
27 husbandry shall be [$76.50] $51 or one-half of the regular fee,
28 whichever is greater.
29 § 1952. Certificate of title.
30 (a) General rule.--The fee for issuance of a certificate of
19970H1590B1950 - 8 -
1 title shall be [$22.50] $15.
2 (b) Duplicate certificate.--The fee for a duplicate
3 certificate of title shall be $5.
4 (c) Manufacturer's or dealer's notification.--The fee for a
5 manufacturer's or dealer's notification of acquisition of a
6 vehicle from another manufacturer or dealer for resale pursuant
7 to section 1113 (relating to transfer to or from manufacturer or
8 dealer) shall be [3] $2.
9 § 4702. Requirement for periodic inspection of vehicles.
10 * * *
11 (b) Semiannual safety inspection of certain vehicles.--The
12 following vehicles shall be subject to semiannual safety
13 inspection:
14 (1) School buses.
15 (2) Passenger vans under contract with or owned by a
16 school district or private or parochial school, including
17 vehicles having chartered group and party rights under the
18 Pennsylvania Public Utility Commission and used to transport
19 school students.
20 (3) Passenger vans used to transport persons for hire or
21 owned by a commercial enterprise and used for the
22 transportation of employees to or from their place of
23 employment.
24 (4) Trailers, other than recreational trailers, having a
25 registered gross weight in excess of 10,000 pounds.
26 Recreational trailers shall be subject to annual safety
27 inspection.
28 (5) Construction trucks for which annual permits are
29 issued pursuant to section 4970(b) (relating to permit for
30 movement of construction equipment).
19970H1590B1950 - 9 -
1 (6) Mass transit vehicles.
2 (7) Motor carrier vehicles, other than farm vehicles for
3 which a biennial certificate of exemption has been issued.
4 * * *
5 § 4904. Limits on number of towed vehicles.
6 * * *
7 (e) Two-trailer combinations on interstate and [certain
8 other] designated primary highways.--Combinations consisting of
9 a truck tractor and two trailers may be driven only as described
10 in section 4908 (relating to operation of certain combinations
11 on interstate and certain [other] primary highways).
12 * * *
13 § 4908. Operation of certain combinations on interstate and
14 certain [other] primary highways.
15 (a) General rule.--Combinations authorized by section
16 4904(e) (relating to limits on number of towed vehicles) to have
17 two trailers, or by section 4923(b)(6) or (7) (relating to
18 length of vehicles) to exceed the length limitation for
19 combinations, may be driven only on the types of highways and
20 under the limitations set forth below:
21 (1) On the designated national network consisting of all
22 interstate highways and portions of Federal aid primary
23 highways having at least a 48-foot-wide roadway or two 24-
24 foot-wide roadways and designated by the department as
25 capable of safely accommodating such vehicles.
26 (2) Between the designated national network and [a]
27 either of the following:
28 (i) A terminal or a facility for food, fuel, repair
29 or rest having an entrance within the access limitation
30 prescribed by Federal Highway Administration regulation
19970H1590B1950 - 10 -
1 of the nearest ramp or intersection, but only on highways
2 having lanes at least ten feet wide.
3 [(3) On highways marked with traffic route signs having
4 travel lanes at least ten feet in width unless prohibited by
5 the department on State highways or the municipality on local
6 highways based on safety reasons and marked with signs
7 prohibiting such vehicles.
8 (4) Between the highways authorized under paragraph (3)
9 and a terminal or facility for food, fuel, repair or rest
10 having an entrance within one-half road mile of the nearest
11 ramp or intersection, but only on highways having lanes at
12 least ten feet wide.
13 (5) Approval of a highway other than as designated under
14 paragraphs (1) through (4) shall be obtained from the:
15 (i) City in the case of a highway in a city.
16 (ii) Department in the case of a State highway not
17 in a city, except that the department will, upon request,
18 delegate authority to approve routes under this
19 subsection to a municipality which has been delegated
20 authority to issue permits under section 420 of the act
21 of June 1, 1945 (P.L.1242, No.428), known as the State
22 Highway Law.
23 (iii) Municipality in the case of a local highway
24 not in a city.]
25 (ii) A terminal which can safely and reasonably be
26 accessed using highways approved under subsection (d).
27 (b) Household goods carriers.--In addition to the operations
28 authorized in subsection (a), a household goods carrier,
29 consisting of a truck tractor and either of the following:
30 (1) A single trailer, which exceeds the maximum length
19970H1590B1950 - 11 -
1 for combinations established in section 4923(a), may be
2 driven between the designated network and a point of loading
3 or unloading which can safely and reasonably be accessed.
4 (2) Two trailers may be driven between the designated
5 national network and a point of loading or unloading which
6 can safely and reasonably be accessed using highways approved
7 under subsection [(a)(2) through (5)] (a)(2) and (d) for the
8 particular movement.
9 (b.1) Short 102-inch trailers.--In addition to the
10 operations authorized in subsection (a), a combination,
11 consisting of a truck tractor and a single trailer not exceeding
12 28 1/2 feet in length and 102 inches in width may be driven [on
13 all highways.] between the designated network and a point of
14 loading or unloading which can safely and reasonably be
15 accessed.
16 (c) Nearby terminals and facilities.--Where one or more
17 terminals or facilities for food, fuel, repair or rest along a
18 highway having lanes at least ten feet wide are in close
19 proximity to a terminal or facility which is within the distance
20 from the designated network described in subsection (a)(2)(i) of
21 the designated network, all of such terminals and facilities
22 shall be deemed to be within the prescribed distance of the
23 designated network.
24 (d) Route approval.--Approval of a route under subsection
25 (a)(2)(ii) or (b)(2) shall be obtained from the:
26 (1) City in the case of any highway in a city.
27 (2) Department in the case of a State highway not in a
28 city, except that the department will, upon request, delegate
29 authority to approve routes under this subsection to a
30 municipality which has been delegated authority to issue
19970H1590B1950 - 12 -
1 permits in accordance with section 420 of the act of June 1,
2 1945 (P.L.1242, No.428), known as the State Highway Law.
3 (3) Municipality in the case of a local highway not in a
4 city.
5 (e) Notice.--
6 (1) The department shall publish the designated network
7 established in subsection (a)(1) in the Pennsylvania Bulletin
8 as a notice under 45 Pa.C.S. § 725(a)(3) (relating to
9 additional contents of Pennsylvania Bulletin) and will also
10 forward the designated network to trucking companies and
11 associations and other interested parties, upon request.
12 (2) Approval of a route under subsection [(a)(5)]
13 (a)(2)(ii) shall be effective upon notice by the approving
14 authority to the person who requested it. Notice of the
15 approval shall also be given to State and affected local
16 police and shall be published in the Pennsylvania Bulletin
17 [in a timely manner] within ten days as a notice under 45
18 Pa.C.S. § 725(a)(3).
19 (3) Approval of a route under subsection (b)(2) shall be
20 effective upon notice by the approving authority to the
21 person who requested it. Notice of the approval shall also be
22 given to State and affected local police and shall be
23 published in the Pennsylvania Bulletin [in a timely manner.]
24 within ten days.
25 (f) Revocation of route approval.--The authority which
26 approved a route under subsection [(a)(5)] (a)(2)(ii) may revoke
27 the route approval if it determines that the route or some
28 portion of it cannot safely and reasonably accommodate
29 combinations authorized to exceed length or number of trailer
30 limitations. Notice of the revocation shall be published in the
19970H1590B1950 - 13 -
1 Pennsylvania Bulletin as a notice under 45 Pa.C.S. § 725(a)(3)
2 and shall be effective 15 days after such publication, except
3 that the posting authority may effect an earlier revocation by
4 posting signs to indicate the revocation. Written notice of the
5 revocation shall also be given to the person who requested the
6 route approval and to State and affected local police.
7 [(g) Penalty.--A person who operates a combination in
8 violation of this section on a highway which is not marked with
9 signs prohibiting the operation of such a combination commits a
10 summary offense and shall, upon conviction, be sentenced to pay
11 a fine of $50 for each violation. A person cited under this
12 subsection shall not be subject to citation under section 4921
13 (relating to width of vehicles) or 4923.]
14 § 4923. Length of vehicles.
15 (a) General rule.--Except as provided in subsection (b), no
16 motor vehicle, including any load and bumpers, shall exceed an
17 overall length of 40 feet.
18 (b) Exceptions.--The limitations of (a) do not apply to the
19 following:
20 (1) Any motor vehicle equipped with a boom or boom-like
21 device if the vehicle does not exceed 55 feet.
22 (2) Any combination transporting articles which do not
23 exceed 70 feet in length and are nondivisible as to length.
24 (3) Any bus of an articulated design which does not
25 exceed 60 feet.
26 (4) Any motor vehicle towing a disabled motor vehicle to
27 a location for repair or to some other place of safety.
28 (5) A combination other than a stinger-steered
29 automobile or boat transporter designed and used exclusively
30 for carrying motor vehicles if the overall length of the
19970H1590B1950 - 14 -
1 combination and load does not exceed 65 feet. When driven as
2 described in section 4908 (relating to operation of certain
3 combinations on interstate and [other] certain primary
4 highways), the load may extend beyond the 65-foot limit of
5 such a combination by no more than three feet in the front
6 and no more than four feet to the rear. Saddle-mount,
7 including those combinations not in excess of 75 feet in
8 length as described in section 4904(d) (relating to limits on
9 number of towed vehicles), and full-mount mechanisms shall
10 qualify under this exception.
11 (6) Any combination consisting of a truck tractor and
12 one or two trailers[. The], when driven as described in
13 section 4908. Except when being operated as a part of a
14 combination of a tractor and single trailer not exceeding an
15 overall length of 60 feet, the length of a single trailer
16 shall not exceed [53 feet, provided the distance between the
17 kingpin of the trailer and the center line of the rear axle
18 or rear axle group does not exceed 41 feet or, in the case of
19 a trailer used exclusively or primarily to transport vehicles
20 in connection with motor sports competition events, does not
21 exceed 46 feet;] 48 feet and the length of each double
22 trailer shall not exceed 28 1/2 feet. A single trailer, when
23 driven as described in section 4908, may have an overall
24 length greater than 48 feet but not greater than 53 feet,
25 provided the distance between the kingpin of the trailer and
26 the center line of the rear axle or rear axle group does not
27 exceed 41 feet.
28 (7) Any maxi-cube vehicle when driven as described in
29 section 4908.
30 (8) Any stinger-steered automobile or boat transporter.
19970H1590B1950 - 15 -
1 § 9101. Definitions.
2 The following words and phrases when used in this chapter
3 shall have, unless the context clearly indicates otherwise, the
4 meanings given to them in this section:
5 ["ASHMA." All additional State funds from the highway
6 maintenance appropriation, the secondary roads, maintenance and
7 resurfacing executive authorization and supplemental
8 distributions pursuant to section 9502(a)(2)(i) and (3)(ii)
9 (relating to imposition of tax) in excess of all counties' base
10 allocations.
11 "Base allocation." The annual expenditure for routine
12 maintenance operations by a county maintenance district averaged
13 over the immediately preceding five years.
14 "BMD." The Bridge Maintenance Deficiency index based upon
15 bridge safety inspections conducted by certified professionals
16 who have physically evaluated the condition of all State highway
17 bridges greater than or equal to eight feet in length on a
18 periodic basis in accordance with the National Bridge Inspection
19 Standards. The criteria for determining any State highway bridge
20 maintenance deficiencies shall include, but not be limited to,
21 the priority and urgency of maintenance needs and the bridge
22 deck area of all bridges greater than or equal to eight feet in
23 length.]
24 "ASHMA." One hundred percent of all additional State highway
25 maintenance appropriations and executive authorizations in
26 excess of 95% of the total of all counties' base allocations.
27 "Base allocation." The total highway maintenance
28 appropriations and executive authorizations received by a county
29 maintenance district for either fiscal year 1978-1979 or, based
30 on the best current information available to the department and
19970H1590B1950 - 16 -
1 certified by the Governor as of May 21, 1980, fiscal year 1979-
2 1980, whichever is greater.
3 "BD." The number of square feet of State highway bridge deck
4 in each county as a proportion of the total amount of square
5 feet of State highway bridge deck in this Commonwealth.
6 "c." When used alone or in conjunction with any formula
7 part, any given county.
8 "Highway maintenance." A program to preserve, repair and
9 restore a system of existing State roadways with its elements to
10 its designed or accepted configuration. System elements include
11 but are not limited to travelway surfaces, shoulders, roadsides,
12 drainage facilities, bridges, tunnels, signs, markings, lighting
13 and fixtures. Included in the program are such traffic services
14 as lighting and signal operation, snow and ice removal and
15 operation of roadside rest areas. Highway maintenance programs
16 are developed to offset the effects of weather, organic growth,
17 deterioration, traffic wear, damage and vandalism. Deterioration
18 would include effects of aging, material failures and design and
19 construction faults to existing State highways.
20 "LM." The number of actual State highway lane miles in each
21 county as a proportion of the total number of State highway lane
22 miles in this Commonwealth.
23 "Routine maintenance operations." Highway maintenance
24 activities including traffic, roadside and winter services
25 performed by a county maintenance district and also including
26 costs incurred for personnel services, operational expenses and
27 fixed assets. The term shall not include the costs of roadway
28 repair and restoration.
29 "RPQ." The Relative Pavement Quality Index which shall be
30 based upon a Road Quality Report which entails [the evaluation
19970H1590B1950 - 17 -
1 of] the use of trained professionals to physically evaluate the
2 conditions of the highways in each county on a periodic basis.
3 The criteria for determining any road deficiencies shall include
4 but not be limited to road surface, foundation, drainage,
5 shoulders and other safety features such as road striping,
6 guardrails, median barriers and signs. The index shall provide a
7 reasonable comparison of highway quality and conditions between
8 all counties. The report indicating methodology utilized and the
9 resulting data shall be submitted annually to the Transportation
10 Committees of the Senate and House of Representatives for their
11 review.
12 "SI." The snow index for each county is the product of an
13 average of the immediately preceding four calendar years snow
14 days for each county times the number of State highway lane
15 miles in each county as a proportion of the sum of the products
16 (snow days times lane miles) for every county in this
17 Commonwealth.
18 "Snow day." Any day in which the snow fall reached or
19 exceeded one inch in depth.
20 "Vehicle miles." The total number of miles traveled by all
21 vehicles on State maintained roads within a county as determined
22 by the department.
23 "VM." The number of vehicle miles traveled in each county as
24 a proportion of the total vehicle miles traveled in this
25 Commonwealth.
26 § 9102. Distribution of State highway maintenance funds.
27 (a) General rule.--The department shall distribute highway
28 appropriations and executive authorizations for State highway
29 maintenance in the various county maintenance districts in the
30 following manner:
19970H1590B1950 - 18 -
1 (1) For any fiscal year in which the total highway
2 maintenance appropriations and executive authorizations are
3 equal to the combined total base allocations for all the
4 county maintenance districts, each maintenance district shall
5 receive its base allocation.
6 (2) For any fiscal year in which the total highway
7 maintenance appropriations and executive authorizations are
8 less than the combined total base allocations of all the
9 county maintenance districts, each maintenance district's
10 share shall be reduced, to the extent necessary to bring the
11 total allocation within the funding limits, in the same
12 proportion that each county's base allocations bears to the
13 combined total of all counties' base allocations.
14 (3) For any fiscal year in which the total highway
15 maintenance appropriations and executive authorizations are
16 greater than the combined total base allocations of all the
17 county maintenance districts, the funds shall be distributed
18 based upon the formula in subsection (b), but notwithstanding
19 the formula calculation for any particular county, no county
20 shall receive less than its base allocation in any year.
21 (b) Formula for distribution.--The department shall
22 distribute to each county maintenance district:
23 (1) an amount equal to 95% of the county's base
24 allocation; plus
25 (2) an amount based on the following incremental formula
26 in which each county shall receive a portion of 100% of all
27 State highway maintenance appropriations and executive
28 authorizations in excess of 95% of the total of all counties'
29 base allocations, expressed in the following manner:
30 ASHMA (40% RPQc [+ 15% BMDc + 30%] +15% BDC + 15% LMc + 15%
19970H1590B1950 - 19 -
1 VMc + 15% SIc)
2 (c) Establishment of applicable data.--The applicable data
3 for all counties corresponding to each individual factor in the
4 incremental formula in subsection (b) shall be established and
5 certified by the Governor by May 1 of each year based on the
6 best information available at that time for the immediately
7 preceding [five-year period with the exception of BMD. The
8 submission of data relative to BMD shall only include the
9 immediately preceding 12-month period beginning with fiscal year
10 1997-1998. In each subsequent fiscal year, an additional year of
11 data relative to BMD shall be added until such time as data from
12 a five-year period has been accumulated.] 12-month period.
13 (d) Effect of insufficient funds.--In the event sufficient
14 funds are not available to fully fund all county maintenance
15 districts under the formula in subsection (b) due to the hold
16 harmless provision in subsection (a), each county maintenance
17 district receiving an increase above its base allocation shall
18 have its share reduced in the proportion that the increase over
19 its base allocation bears to the total increases over the base
20 allocation of all counties entitled to an increase, to the
21 extent necessary to bring the total allocations within the
22 funding limit.
23 § 9502. Imposition of tax.
24 (a) General rule.--
25 (1) An "oil company franchise tax for highway
26 maintenance and construction" which shall be an excise tax of
27 60 mills is hereby imposed upon all liquid fuels and fuels as
28 defined and provided in Chapter 90 (relating to liquid fuels
29 and fuels tax) and such tax shall be collected as provided in
30 section 9004(b) (relating to imposition of tax, exemptions
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1 and deductions).
2 (2) An additional 55 mills is hereby imposed on all
3 liquid fuels and fuels as defined and provided in Chapter 90
4 and such tax shall also be collected as provided in section
5 9004(b), the proceeds of which shall be distributed as
6 follows:
7 (i) Forty-two percent to county maintenance
8 districts for highway maintenance. This allocation shall
9 be made according to the formula provided in section
10 9102(b)(2) (relating to distribution of State highway
11 maintenance funds). This allocation shall be made in
12 addition to and not a replacement for amounts normally
13 distributed to county maintenance districts under section
14 9102.
15 (ii) Seventeen percent for highway capital projects.
16 (iii) Thirteen percent for bridges.
17 (iv) Two percent for bridges identified as county or
18 forestry bridges.
19 (v) Twelve percent for local roads pursuant to
20 section 9511(c) (relating to basic allocation to
21 municipalities).
22 (vi) Fourteen percent for toll roads designated
23 pursuant to the act of September 30, 1985 (P.L.240,
24 No.61), known as the Turnpike Organization, Extension and
25 Toll Road Conversion Act, to be appropriated under
26 section 9511(h).
27 [(3) An additional 38.5 mills is hereby imposed upon all
28 liquid fuels and fuels as defined and provided in Chapter 90
29 and such tax shall also be collected as provided in section
30 9004(b), the proceeds of which shall be deposited in The
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1 Motor License Fund and distributed as follows:
2 (i) Twelve percent to municipalities on the basis of
3 and subject to the provisions of the act of June 1, 1956
4 (1955 P.L.1944, No.655), referred to as the Liquid Fuels
5 Tax Municipal Allocation Law, is appropriated.
6 (ii) Eighty-eight percent to the department is
7 appropriated as follows:
8 (A) Forty-seven percent for distribution in
9 accordance with section 9102(b)(2) for fiscal year
10 1997-1998.
11 (B) Fifty-three percent for a Statewide highway
12 restoration, betterment and resurfacing program for
13 fiscal year 1997-1998.
14 (C) Fifty-seven percent for distribution in
15 accordance with section 9102(b)(2) for fiscal year
16 1998-1999.
17 (D) Forty-three percent for a Statewide highway
18 restoration, betterment and resurfacing program for
19 fiscal year 1998-1999.
20 (E) Sixty-seven percent for distribution in
21 accordance with section 9102(b)(2) for fiscal year
22 1999-2000.
23 (F) Thirty-three percent for a Statewide highway
24 restoration, betterment and resurfacing program for
25 fiscal year 1999-2000.
26 (G) Seventy-seven percent for distribution in
27 accordance with section 9201(b)(2) for fiscal year
28 2000-2001.
29 (H) Twenty-three percent for a Statewide highway
30 restoration, betterment and resurfacing program for
19970H1590B1950 - 22 -
1 fiscal year 2000-2001.
2 (I) One hundred percent for distribution in
3 accordance with section 9102(b)(2) for fiscal year
4 2001-2002 and each year thereafter.
5 (J) For any fiscal year beginning with 1997-1998
6 through and including fiscal year 2000-2001, the
7 department shall make supplemental maintenance
8 program payments from the Statewide highway
9 restoration betterment program to those county
10 maintenance districts for which the total highway
11 maintenance appropriations and executive
12 authorizations in accordance with section 9102(b)
13 would be less than the amount received in 1996-1997
14 from the highway maintenance appropriation, the
15 Secondary Roads-Maintenance and Resurfacing Executive
16 Authorization, the Highway Maintenance Excise Tax
17 Executive Authorization and the Highway Maintenance
18 Supplemental Appropriation.
19 The words and phrases used in this paragraph shall have the
20 meanings given to them in section 9101 (relating to
21 definitions). This one-time allocation shall be made in
22 addition to and is not a replacement for amounts normally
23 distributed to county maintenance districts under section
24 9102.
25 (4) An additional 55 mills is hereby imposed upon all
26 fuels as defined and provided in chapter 90 and such tax
27 shall also be collected as provided in section 9004(b) upon
28 such fuels, the proceeds of which shall be deposited in The
29 Highway Bridge Improvement Restricted Account within the
30 Motor License Fund and is hereby appropriated.]
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1 * * *
2 § 9603. Imposition of tax.
3 (a) General rule.--Every motor carrier shall pay a road tax
4 equivalent to the rate per gallon [currently in effect on] of
5 the Pennsylvania liquid fuels [fuels or other alternative fuels
6 as provided in section 9004(a), (b), (c) and (d) (relating to
7 imposition of tax, exemptions and deductions),] tax which is
8 currently in effect plus an addition tax of 6¢ per gallon,
9 calculated on the amount of motor fuel used in its operations on
10 highways within this Commonwealth.
11 (b) Other taxes unaffected.--The taxes imposed on motor
12 carriers by this chapter are in addition to any taxes of
13 whatever character imposed on such carriers by any other
14 statute.
15 Section 4. This act shall take effect immediately.
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