6131 - Tax on jet fuels.

                               SUBCHAPTER C                              JET FUELS TAX     Sec.     6131.  Tax on jet fuels.     § 6131.  Tax on jet fuels.        (a)  Imposition.--There is hereby imposed, effective July 1,     1984, a State tax of 1.1¢ per gallon, or fractional part     thereof, on all fuels used or sold and delivered by distributors     within this Commonwealth for use as fuel in turbine-propeller     jet, turbojet and jet-driven aircraft and aircraft engines. The     tax shall be increased by 0.2¢ per gallon, or fractional part     thereof, effective January 1, 1985, and by 0.2¢ per gallon, or     fractional part thereof, effective July 1, 1985. Distributors     shall be liable to the Commonwealth for the collection and     payment of the tax imposed by this section. The tax shall be     collected by the distributor and shall be paid to the     Commonwealth only once with respect to any fuels.        (b)  Annual adjustment.--Beginning on January 1, 1986, and     each January 1 thereafter, the tax imposed under this section     shall be adjusted annually and shall be set for that calendar     year. The adjustment shall be based upon the percentage change     of the Producer Price Index for Jet Fuel, as determined by the     Bureau of Labor Statistics for the United States Department of     Labor, for the most recent 12-month period available as of the     immediately preceding November 1. For every 10% increase or     decrease in the Producer Price Index, as determined by comparing     the index for the first month of the 12-month period with the     index for the last month of the period, there shall be a 0.1¢     per gallon, or fractional part thereof, increase or decrease in     the rate of tax. The rate of tax shall be determined by the     Secretary of Revenue, who shall cause such rate to be published     as a notice pursuant to 45 Pa.C.S. § 725(a)(3) (relating to     additional contents of Pennsylvania Bulletin) in the     Pennsylvania Bulletin on or before December 15 of each year. The     tax, as adjusted, shall never exceed 2¢ per gallon, or     fractional part thereof, nor shall it be less than 1.5¢ per     gallon, or fractional part thereof.        (c)  Construction of section.--This section shall be     construed in conjunction with the act of May 21, 1931 (P.L.149,     No.105), known as The Liquid Fuels Tax Act, as if jet fuels were     liquid fuels as defined in that act, and all of the provisions     of that act, except for section 4 thereof to the extent it     imposes any tax, shall apply to the collection, administration     and enforcement of the tax imposed under this section. Upon the     effective date of the tax imposed by this section upon jet     fuels, such jet fuels shall not be subject to the tax imposed by     the act of January 14, 1952 (1951 P.L.1965, No.550), known as     the Fuel Use Tax Act, except that dealer-users shall remain     liable to report and pay the fuel use tax on any jet fuels used     thereafter upon which the tax provided by this section has not     been imposed.        (d)  Disposition of taxes.--All moneys collected under this     section shall be deposited by the State Treasurer in the     Aviation Restricted Account.        Effective Date of Tax.  Section 4 of Act 164 of 1984 provided     that, if the act was not finally enacted on or before July 1,     1984, the tax imposed under section 6131 shall not be effective     as of July 1, 1984, but shall be effective on the first day of     the first month following final enactment (November 1, 1984).        References in Text.  The act of May 21, 1931 (P.L.149,     No.105), known as The Liquid Fuels Tax Act, referred to in     subsec. (c), was repealed by the act of April 17, 1997 (P.L.6,     No.3). The subject matter is now contained in Chapter 90 of     Title 75 (Vehicles).        The act of January 14, 1952 (1951 P.L.1965, No.550), known as     the Fuel Use Tax Act, referred to in subsec. (c), was repealed     by the act of April 17, 1997 (P.L.6, No.3). The subject matter     is now contained in Chapter 90 of Title 75 (Vehicles).