PRINTER'S NO. 75

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 73 Session of 1979


        INTRODUCED BY STUBAN, KOLTER, CAPPABIANCA, GRAY AND DOMBROWSKI,
           FEBRUARY 5, 1979

        REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 5, 1979

                                     AN ACT

     1  Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
     2     act relating to tax reform and State taxation by codifying
     3     and enumerating certain subjects of taxation and imposing
     4     taxes thereon; providing procedures for the payment,
     5     collection, administration and enforcement thereof; providing
     6     for tax credits in certain cases; conferring powers and
     7     imposing duties upon the Department of Revenue, certain
     8     employers, fiduciaries, individuals, persons, corporations
     9     and other entities; prescribing crimes, offenses and
    10     penalties," providing for a tax on the sale of studded tires.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Article II, act of March 4, 1971 (P.L.6, No.2),
    14  known as the "Tax Reform Code of 1971," is amended by adding a
    15  part to read:
    16                             ARTICLE II
    17                         TAX FOR EDUCATION
    18                               * * *
    19                             PART II.I
    20                          STUDDED TIRE TAX
    21     Section 203.1.  Imposition of Tax; Tax Stamps.--(a)  There is
    22  hereby imposed upon each separate sale at retail of a studded

     1  tire within the Commonwealth, an excise tax of two dollars ($2)
     2  which shall be collected by the vendor from the purchaser and
     3  shall be paid over to the Commonwealth as provided herein.
     4     (b)  Upon payment of such tax by the purchaser to the vendor,
     5  the vendor shall provide the purchaser with a studded tire tax
     6  stamp, which shall be provided by the department, for each two
     7  dollars ($2) excise tax paid by the purchaser.
     8     (c)  This tax shall be in addition to any other taxes imposed
     9  by this article.
    10     Section 203.2.  Display of Studded Tire Tax Stamps;
    11  Penalty.--(a)  No person shall drive, upon the highways of this
    12  Commonwealth, any motor vehicle, which is registered in this
    13  Commonwealth and on which studded tires are installed, unless he
    14  displays, on said vehicle, the studded tire tax stamp provided
    15  for by subsection (b) of section 203.1.
    16     (b)  Any person who violates the provisions of subsection (a)
    17  shall be guilty of a summary offense and upon conviction thereof
    18  shall be sentenced to pay a fine of fifty dollars ($50).
    19     Section 203.3.  Disposition of Tax.--Taxes collected under
    20  this part shall be paid into the Motor License Fund.
    21     Section 203.4.  Definitions.--As used in this part, the term
    22  "studded tire" shall mean a tire having affixed thereon, or
    23  implanted within, devices of a wear-resistant material which
    24  project beyond the surface of the tire, commonly known as tire
    25  studs or ice grips, or any tire specially made to accept the
    26  implantation of such devices.
    27     Section 2.  This act shall take effect in 60 days.


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