PRINTER'S NO. 3894

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2881 Session of 1992


        INTRODUCED BY DEMPSEY, LEH, RAYMOND, DeLUCA, SCHULER, CESSAR,
           JOHNSON, ARMSTRONG, E. Z. TAYLOR, PESCI, FARGO, LAUGHLIN,
           D. R. WRIGHT, HERMAN, JADLOWIEC, BUSH, STABACK, HESS, TRELLO,
           CARLSON, NAHILL, REBER, ARGALL, FAIRCHILD, BATTISTO, ULIANA,
           WILLIAMS, COY, MICOZZIE, PHILLIPS, M. N. WRIGHT, KASUNIC,
           CLARK, NOYE, BELFANTI, SAURMAN, KING, DERMODY, ARNOLD, MELIO,
           HAGARTY, D. W. SNYDER, STAIRS AND HALUSKA, JUNE 29, 1992

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 29, 1992

                                     AN ACT

     1  Amending the act of May 21, 1931 (P.L.149, No.105), entitled, as
     2     amended, "An act imposing a State tax, payable by those
     3     herein defined as distributors, on liquid fuels used or sold
     4     and delivered within the Commonwealth, which are practically,
     5     and commercially suitable for use in internal combustion
     6     engines for the generation of power; providing for the
     7     collection and lien of the tax, and the distribution and use
     8     of the proceeds thereof; requiring such distributors to
     9     secure permits, to file corporate surety bonds and reports,
    10     and to retain certain records; imposing duties on retail
    11     dealers, common carriers, county commissioners, and such
    12     distributors; providing for rewards; imposing certain costs
    13     on counties; conferring powers and imposing duties on certain
    14     State officers and departments; providing for refunds;
    15     imposing penalties; and making an appropriation," further
    16     providing for exemption from taxation.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  The act of May 21, 1931 (P.L.149, No.105), known
    20  as The Liquid Fuels Tax Act, is amended by adding sections to
    21  read:
    22     Section 4.1.  Requirements for Exemption.--(a)  In order for


     1  a political subdivision to purchase liquid fuels in bulk, tax
     2  exempt, the fuel must be purchased from a registered
     3  Commonwealth distributor, and the fuel must be placed in bulk
     4  storage facilities owned or leased by the political subdivision.
     5     (b)  When a school district owns or leases vehicles, whether
     6  or not the vehicles are operated by school district employes,
     7  the school district may purchase liquid fuels tax exempt from a
     8  Commonwealth registered distributor, if the fuel is placed in
     9  bulk storage facilities that are owned or leased by the school
    10  district.
    11     (c)  When liquid fuels are dispensed to a political
    12  subdivision from the bulk storage facilities of a registered
    13  distributor through a "private key controlled metering system,"
    14  the liquid fuels may be tax exempt.
    15     Section 4.2.  Volunteer Services.--(a)  In order for a
    16  volunteer fire company, volunteer ambulance service or volunteer
    17  rescue squad to purchase liquid fuel tax exempt, the fuel must
    18  be purchased from a registered Commonwealth distributor, and the
    19  fuel must be placed in bulk storage facilities on land either
    20  owned or leased, with full control thereover, by the volunteer
    21  fire company, volunteer ambulance service or volunteer rescue
    22  squad. The purchaser shall furnish notarized proof to the
    23  registered distributor that it is a volunteer fire company, a
    24  volunteer ambulance service or a volunteer rescue squad and that
    25  the fuel will be used solely for firefighting purposes and only
    26  in official equipment owned by the purchaser.
    27     (b)  If liquid fuels are dispensed to a volunteer fire
    28  company, volunteer ambulance service or volunteer rescue squad
    29  from the bulk storage facilities of a registered distributor
    30  through a "private key controlled metering system," the liquid
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     1  fuels may be tax exempt.
     2     Section 2.  This act shall take effect in 60 days.



















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