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                                                       PRINTER'S NO. 510

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 459 Session of 1997


        INTRODUCED BY STERN, FICHTER, CAPPABIANCA, MARKOSEK, SATHER,
           READSHAW, FAIRCHILD, JADLOWIEC, COY, GEORGE, DEMPSEY, KENNEY,
           FARGO, ARMSTRONG, BROWN, SCHULER, SHANER, L. I. COHEN, OLASZ,
           HERSHEY, YOUNGBLOOD, EGOLF, RUBLEY, DENT, WOGAN, THOMAS,
           ITKIN, CLYMER, LYNCH, LAUGHLIN, TRELLO, BUNT, RAYMOND,
           HENNESSEY, SAINATO, STABACK, LEH, E. Z. TAYLOR, WILT, SURRA,
           PETRARCA, SCHRODER, ADOLPH, GANNON, TIGUE, TRAVAGLIO, DeLUCA,
           ROONEY, HUTCHINSON, CIVERA AND HESS, FEBRUARY 11, 1997

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 11, 1997

                                     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," further providing for the Public Transportation
    11     Assistance Fund.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 2301 of the act of March 4, 1971 (P.L.6,
    15  No.2), known as the Tax Reform Code of 1971, added July 1, 1994
    16  (P.L.413, No.67), is amended to read:
    17     Section 2301.  Public Transportation Assistance Fund.--(a)
    18  There is hereby created a special fund in the State Treasury to
    19  be known as the Public Transportation Assistance Fund. Moneys


     1  deposited into the fund and interest which accrues from those
     2  funds shall be used for the purposes delineated in 74 Pa.C.S. §
     3  1310 (relating to distribution of funding).
     4     (b)  Funds received under the provisions of this section, as
     5  estimated and certified by the Secretary of Revenue, shall be
     6  deposited within five days of the end of each month into the
     7  fund. Unless otherwise specifically noted, the provisions of
     8  Article II shall apply to the fees and taxes imposed by
     9  subsections (c), (d) and (e). Unless otherwise specifically
    10  noted, the provisions of Article XI-A shall apply to the tax
    11  imposed under subsection (f).
    12     (c)  There is hereby imposed a fee on each sale in this
    13  Commonwealth of new tires for highway use at the rate of one
    14  dollar ($1) per tire. The fee shall be collected by the seller
    15  from the purchaser and remitted to the Department of Revenue. No
    16  exclusions or exemptions, other than those for governmental
    17  entities provided under Article II, shall apply to the fees and
    18  taxes imposed by this section.
    19     [(d)  (1)  There is hereby imposed on each lease of a motor
    20  vehicle subject to tax under Article II an additional tax of
    21  three per cent of the total lease price charged.
    22     (2)  As used in this subsection on and after April 1, 1995,
    23  the term "motor vehicle" does not include trucks in Class 4 or
    24  higher as defined in 75 Pa.C.S. § 1916(a)(1) (relating to trucks
    25  and truck tractors).]
    26     (e)  There is hereby imposed on each rental of a motor
    27  vehicle subject to tax under Article II a fee of two dollars
    28  ($2) for each day or part of a day for which the vehicle is
    29  rented.
    30     (f)  Every entity required to pay the tax imposed under
    19970H0459B0510                  - 2 -

     1  Article XI-A shall, in addition to that tax, pay an additional
     2  tax of twelve (12) mills upon each dollar of the State taxable
     3  value of its utility realty at the end of the preceding calendar
     4  year.
     5     Section 2.  This act shall take effect in 60 days.

















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