SENATE AMENDED
        PRIOR PRINTER'S NO. 1480                      PRINTER'S NO. 4081

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1294 Session of 1995


        INTRODUCED BY NICKOL, LYNCH, STISH, FLEAGLE, COLAIZZO, TIGUE,
           BELARDI, WAUGH, FARGO, BUNT, SAYLOR, BELFANTI, TRELLO, HESS,
           MERRY, EGOLF, HENNESSEY, YOUNGBLOOD, ARMSTRONG, E. Z. TAYLOR,
           FEESE, HALUSKA, PLATTS, MAITLAND, KENNEY, RAYMOND, MILLER,
           SHANER AND ITKIN, MARCH 22, 1995

        SENATOR CORMAN, TRANSPORTATION, IN SENATE, AS AMENDED,
           OCTOBER 2, 1996

                                     AN ACT

     1  Amending the act of June 1, 1956 (1955 P.L.1944, No.655),
     2     entitled "An act providing a permanent allocation of a part
     3     of the fuels and liquids fuels tax proceeds to cities,
     4     boroughs, incorporated towns and townships, for their road,
     5     street and bridge purposes; conferring powers and imposing
     6     duties on local officers and the Department of Highways; and
     7     making an appropriation out of the Motor License Fund; and
     8     repealing existing legislation," further providing for the
     9     maintenance of alleys AND FOR THE DEFINITION OF "ROADS AND     <--
    10     STREETS."

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 4(1) of the act of June 1, 1956 (1955      <--
    14  P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal
    15  Allocation Law, amended May 27, 1994 (P.L.260, No.42), is
    16     SECTION 1.  SECTION 2 OF THE ACT OF JUNE 1, 1956 (1955         <--
    17  P.L.1944, NO.655), REFERRED TO AS THE LIQUID FUELS TAX MUNICIPAL
    18  ALLOCATION LAW, AMENDED AUGUST 13, 1963 (P.L.804, NO.398), IS
    19  AMENDED TO READ:


     1     SECTION 2.  AS USED IN THIS ACT--
     2     (1)  "DEPARTMENT" MEANS THE DEPARTMENT OF HIGHWAYS.
     3     (2)  "MUNICIPALITY" MEANS ANY CITY, BOROUGH, INCORPORATED
     4  TOWN OR TOWNSHIP.
     5     (3)  "ROADS AND STREETS" MEANS PUBLIC ROADS AND STREETS,
     6  INCLUDING BRIDGES, USED FOR TRAVEL BY HORSE DRAWN AND MOTOR
     7  VEHICLES AND DOES NOT INCLUDE [WAYS, COURTS AND] ALLEYS.
     8     SECTION 2.  SECTION 4(1) OF THE ACT, AMENDED MAY 27, 1994
     9  (P.L.260, NO.42), IS amended to read:
    10     Section 4.  The money hereby appropriated to municipalities
    11  shall be paid to the municipalities in accordance with the
    12  following formula and subject to the provisions of this act:
    13     (1)  The money hereby allocated shall be paid to the cities,
    14  boroughs, towns and townships in accordance with the following
    15  formula:
    16  Five-tenths of this                       The number of miles
    17  allocation divided         Multiplied     in the particular
    18  by the total miles             By         municipality.
    19  of public roads and
    20  streets which are
    21  maintained by
    22  municipalities.
    23                               Plus
    24  Five-tenths of this                       The official
    25  allocation divided         Multiplied     population of the
    26  by the total official          By         particular
    27  population of the                         municipality as of
    28  municipalities as of                      January first of said
    29  January first of the                      year.
    30  year in which the
    19950H1294B4081                  - 2 -

     1  money is to be paid
     2  to the municipalities.
     3                                           .......................
     4                                          (Amount due the
     5                                          particular municipality)
     6  To be expended by the authorities of the respective
     7  municipalities (i) for the maintenance, repair, construction or
     8  reconstruction of such public roads or streets, including
     9  bridges, culverts and drainage structures for which they are
    10  legally responsible and including the lining of streams
    11  incidental to the drainage of highways, and for the maintenance,
    12  repair, construction or reconstruction of curb ramps from a
    13  road, street or highway to provide for access by individuals
    14  with disabilities consistent with Federal and State law; [and]
    15  (ii) for the acquisition, maintenance, repair and operation of
    16  street signs, traffic signs and traffic signal control systems[.
    17  Where road or bridge]; and (iii) for the maintenance, repair,
    18  construction or reconstruction of alleys adopted on or before
    19  May 30, 1956, for which they are legally responsible. Where
    20  road, bridge or alley work is performed by the political
    21  subdivision the moneys herein allocated may be used only for
    22  labor, hiring of equipment, payrolls, purchase of material,
    23  including repair parts necessary for the maintenance of
    24  equipment, small tools, road drags and snow fences and, in
    25  addition, an amount not to exceed twenty per centum of the total
    26  annual allocation received by each municipality, may be used for
    27  the purchase of road machinery and road equipment.
    28     No municipality shall receive less than the amount allocated
    29  to such municipality during the fiscal year ending June 30,
    30  1969. So much as is necessary of the taxes collected on each
    19950H1294B4081                  - 3 -

     1  gallon of liquid fuel under "The Liquid Fuel Tax Act" and on
     2  each gallon of fuel under the "Fuel Use Tax Act" is hereby
     3  appropriated out of the Motor License Fund to municipalities of
     4  the Commonwealth for the purpose of making any additional
     5  payments required under the provisions hereof. Funds hereby
     6  appropriated shall be in addition to funds appropriated under
     7  the provisions of section 3 of this act.
     8     * * *
     9     Section 2 3.  This act shall take effect in 60 days.           <--














    B21L72PJP/19950H1294B4081        - 4 -