AN ACT

 

<-1Amending Titles 20 (Decedents, Estates and Fiduciaries), 74
2(Transportation) and 75 (Vehicles) of the Pennsylvania
3Consolidated Statutes, in anatomical gifts, further providing
4for The Governor Robert P. Casey Memorial Organ and Tissue
5Donation Awareness Trust Fund contributions; in 
6administrative practice and procedure, further providing for 
7minority and women-owned business participation; in
8sustainable mobility options, further providing for
9definitions, for the Public Transportation Trust Fund, for
10application and approval process, for executive and
11legislative reports, for coordination, for asset improvement
12program, for Statewide programs and for capital improvements
13program; providing for Alternative Energy Capital Investment 
14Program and for multimodal transportation funding; in airport 
15operation and zoning, further providing for the imposition of 
16a rental car customer facility charge by a city of the first 
17class, for the collection of the customer facility charge on 
18behalf of the city by rental car companies leasing space or 
19obtaining customers at an international airport, for use of 
20the proceeds of the rental car customer facility charge for 
21the development, maintenance and operation of a consolidated 
22rental car facility to improve services to the public at the 
23airport; for an agreement between a city of the first class 
24and rental car companies relating to the development and use 
25of the consolidated car rental facility and for the 
26administration and enforcement of the rental car customer 
27facility charge; in the Pennsylvania Turnpike, further
28providing for definitions, for commission and for electronic

1toll collection; in public-private transportation
2partnerships, further providing for agreement; providing for
3traffic signals and for the Bridge Bundling Program; in
4registration of vehicles, further providing for certain
5special plates and providing for suspension of registration
6upon unpaid tolls; in licensing of drivers, further providing
7for expiration and renewal of drivers' licenses, for
8occupational limited license and for probationary license; in
9commercial drivers, further providing for fees; in financial
10responsibility, further providing for required financial
11responsibility; in fees, further providing for collection and
12disposition of fees and money, for passenger cars, for motor
13homes, for motorcycles, for motor-driven cycles, for trucks
14and truck tractors, for motor buses and limousines, for
15school buses and school vehicles, for trailers, for special
16mobile equipment, for implements of husbandry, for antique,
17classic and collectible vehicles, for farm vehicles, for
18ambulances, taxis and hearses, for dealers and miscellaneous
19motor vehicle business, for farm equipment vehicle dealers,
20for transfer of registration, for temporary and
21electronically issued registration plates, for replacement
22registration plates, for certain registration plates, for
23duplicate registration cards, for commercial implements of
24husbandry, for special hauling permits as to weight and size,
25for annual hauling permits, for mobile homes, modular housing
26units and modular housing undercarriages, for books of
27permits, for refund of certain fees, for driver's license and
28learner's permit, for certificate of title, for security
29interest, for information concerning drivers and vehicles,
30for certified copies of records, for uncollectible checks,
31for certificate of inspection, for messenger service, for
32reinstatement of operating privilege or vehicle registration
33and for secure power of attorney; in motor carriers road tax
34identification markers, further providing for identification
35markers and license or road tax registration card required;
36in general provisions, further providing for obedience to
37traffic-control devices; in State and local powers, further
38providing for regulation of traffic on Pennsylvania Turnpike;
39in penalties and disposition of fines, further providing for
40surcharge; in snowmobiles and all-terrain vehicles, further
41providing for fees; in Pennsylvania Turnpike, further
42providing for definitions and for deposit and distribution of
43funds; in liquid fuels and fuels tax, further providing for
44definitions and for imposition, tax, exemptions and
45deductions; in State highway maintenance, further providing
46for dirt and gravel road maintenance; in taxes for highway
47maintenance and construction, further providing for
48imposition and for allocation of proceeds; and directing the
49Joint State Government Commission to study replacement funds.

50The General Assembly finds and declares as follows:

51(1) It is the purpose of this act to ensure that a safe
52and reliable system of transportation is available to the
53residents of this Commonwealth.

54(2) The Commonwealth's transportation system includes

1nearly 40,000 miles of roads and 25,000 bridges owned by the
2Commonwealth, nearly 77,000 miles of roads and 12,000 bridges
3owned by counties and municipal governments, 36 fixed-route
4public transportation agencies, 67 railroads, 133 public use
5airports, the Ports of Erie, Philadelphia and Pittsburgh, and
6numerous bicycle and pedestrian facilities.

7(3) The Commonwealth's transportation system provides
8for access to employment, educational services, medical care
9and other life-sustaining services for all residents of this
10Commonwealth, including senior citizens and people with
11disabilities.

12(4) The Department of Transportation of the Commonwealth
13has indicated that 9,000 miles of roads owned by the
14Commonwealth are in poor condition and that 4,400 bridges
15owned by the Commonwealth are rated structurally deficient.
16The State Transportation Advisory Committee has indicated
17that 2,189 bridges exceeding 20 feet in length owned by
18counties and municipalities are rated structurally deficient.

19(5) There is urgent public need to reduce congestion,
20increase capacity, improve safety and promote economic
21efficiency of transportation facilities throughout this
22Commonwealth.

23(6) The Commonwealth has limited resources to fund the
24maintenance and expansion of its transportation facilities.

25(7) The State Transportation Advisory Committee reported
26in 2010 that the Commonwealth's transportation system is
27underfunded by $3,500,000,000 and projected that amount will
28grow to $6,700,000,000 by 2020 without additional financial
29investment by the Commonwealth.

30(8) To ensure the needs of the public are adequately

1addressed, funding mechanisms must be enhanced to sustain the
2Commonwealth's transportation system in the future.

3(9) The utilization of user fees establishes a funding
4source for transportation needs that spreads the costs across
5those who benefit from the Commonwealth's transportation
6system.

7(10) Pursuant to section 11 of Article VIII of the
8Constitution of Pennsylvania, all highway and bridge user
9fees must be used solely for construction, reconstruction,
10maintenance and repair of and safety on public highways and
11bridges and costs and expenses incident thereto.

12(11) In order to ensure a safe and reliable system of
13public transportation, aviation, ports, rail and bicycle and
14pedestrian facilities, other transportation-related user fees
15must be deposited in the Public Transportation Trust Fund and
16the Multimodal Transportation Fund.

17(12) In furtherance of the Commonwealth's energy policy,
18which includes becoming independent from overreliance on
19foreign energy sources, programs must be established to
20promote reliance on or conversion to alternative energy
21sources, including the vast natural gas supply of this
22Commonwealth.

23(13) Recognition and furtherance of all these elements
24is essential to promoting the health, safety and welfare of
25the citizens of this Commonwealth.

<-26Amending Titles 74 (Transportation) and 75 (Vehicles) of the 
27Pennsylvania Consolidated Statutes, in Title 74, providing 
28for organization; in sustainable mobility options, further 
29providing for definitions and for department authorization; 
30providing for fees and taxes; further providing for the 
31Public Transportation Trust Fund, for application and 
32approval process, for report to Governor and General 
33Assembly, for coordination and consolidation, for operating 
34program, for asset improvement program, for programs of 
35Statewide significance and for capital improvements program;
 

1establishing the Alternative Energy Capital Investment 
2Program; providing for local tax for mass transportation and 
3for multimodal transportation funding; in airport operation 
4and zoning, providing for first class city consolidated car 
5rental facility; in aviation development, further providing 
6for tax on jet fuels; in turnpike, further providing for 
7definitions and for electronic toll collection; in turnpike 
8commission standards of conduct, further providing for annual 
9report and for code of conduct; in public-private 
10transportation partnerships, further providing for public-
11private transportation partnership agreement; providing for 
12traffic signals, for the bridge bundling program, for local 
13bridge maintenance and for public utility facilities; in 
14Title 75, in registration of vehicles, providing for 
15suspension of registration upon unpaid tolls; in financial 
16responsibility, further providing for required financial 
17responsibility; in fees, further providing for limitation on 
18local license fees and taxes and for collection and 
19disposition of fees and moneys; providing for fee for local 
20use; further providing for driver's license and learner's 
21permit, for certificate of title, for security interest, for 
22information concerning drivers and vehicles, for certified 
23copies of records and for certificate of inspection; in motor 
24carriers road tax identification markers, further providing 
25for definitions, for identification markers and license or 
26road tax registration card required, for false statements and 
27penalties and for exemptions; providing for uncollectible 
28payments and for emergency proclamations; in general 
29provisions, further providing for obedience to traffic-
30control devices; in size, weight and load, further providing 
31for restrictions on use of highways and bridges and for 
32permit for movement during course of manufacture; in powers 
33of department and local authorities, further providing for 
34regulation of traffic on Pennsylvania Turnpike; in 
35Pennsylvania Turnpike, further providing for definitions, for 
36lease of Interstate 80 and related agreements and for deposit 
37and distribution of funds; in liquid fuels and fuels tax, 
38making editorial changes, further providing for definitions, 
39for liquid fuels and fuels permits, bond or deposit of 
40securities, for imposition of tax, exemptions and deductions, 
41for taxpayer, for distributor's report and payment of tax, 
42for determination and redetermination of tax, penalties and 
43interest due, for examination of records and equipment, for 
44retention of records by distributors and dealers, for 
45discontinuance or transfer of business, for suspension or 
46revocation of permits, for lien of taxes, penalties and 
47interest, for collection of unpaid taxes, for reports from 
48common carriers, for reward for detection of violations, for 
49refunds, for violations and for diesel fuel importers and 
50transporters; prohibiting use of dyed diesel fuel on 
51highways; violations and penalties, for uncollectible checks; 
52providing for emergency assistance in a timely manner and for 
53an electric vehicle road fee; in State highway maintenance, 
54further providing for dirt and gravel road maintenance; in 
55supplemental funding for municipal highway maintenance, 
56further providing for supplemental funding for municipal 
57highway maintenance; in taxes for highway maintenance and 
58construction, further providing for imposition of tax and for 
59allocation of proceeds; in motor carriers road tax, further 
60providing for definitions and for records; providing for
 

1recordkeeping; further providing for surety bond for payment 
2of taxes, for penalty and interest for failure to report or 
3pay tax, for manner of payment and recovery of taxes, 
4penalties and interest, for determination, redetermination 
5and review, for timely mailing treated as timely filing and 
6payment; providing for method of filing and timeliness, for 
7uncollectible payments, for emergency assistance in a timely 
8manner; providing for the permit for the movement of raw 
9milk; and making a related repeals.

10The General Assembly finds and declares as follows:

11(1) It is the purpose of this act to ensure that a safe
12and reliable system of transportation is available to the
13residents of this Commonwealth.

14(2) The Commonwealth's transportation system includes
15nearly 40,000 miles of roads and 25,000 bridges owned by the
16Commonwealth, nearly 77,000 miles of roads and 12,000 bridges
17owned by counties and municipal governments, 36 fixed-route
18public transportation agencies, 67 railroads, 133 public use
19airports, the Ports of Erie, Philadelphia and Pittsburgh, and
20numerous bicycle and pedestrian facilities.

21(3) The Commonwealth's transportation system provides
22for access to employment, educational services, medical care
23and other life-sustaining services for all residents of this
24Commonwealth, including senior citizens and people with
25disabilities.

26(4) The Department of Transportation of the Commonwealth
27has indicated that 9,000 miles of roads owned by the
28Commonwealth are in poor condition and that 4,400 bridges
29owned by the Commonwealth are rated structurally deficient.
30The State Transportation Advisory Committee has indicated
31that 2,189 bridges exceeding 20 feet in length owned by
32counties and municipalities are rated structurally deficient.

33(5) There is urgent public need to reduce congestion,
34increase capacity, improve safety and promote economic

1efficiency of transportation facilities throughout this
2Commonwealth.

3(6) The Commonwealth has limited resources to fund the
4maintenance and expansion of its transportation facilities.

5(7) The State Transportation Advisory Committee reported
6in 2010 that the Commonwealth's transportation system is
7underfunded by $3,500,000,000 and projected that amount will
8grow to $6,700,000,000 by 2020 without additional financial
9investment by the Commonwealth.

10(8) To ensure the needs of the public are adequately
11addressed, funding mechanisms must be enhanced to sustain the
12Commonwealth's transportation system in the future.

13(9) The utilization of user fees establishes a funding
14source for transportation needs that spreads the costs across
15those who benefit from the Commonwealth's transportation
16system.

17(10) Pursuant to section 11 of Article VIII of the
18Constitution of Pennsylvania, all highway and bridge user
19fees must be used solely for construction, reconstruction,
20maintenance and repair of and safety on public highways and
21bridges and costs and expenses incident thereto.

22(11) In order to ensure a safe and reliable system of
23public transportation, aviation, ports, rail and bicycle and
24pedestrian facilities, other transportation-related user fees
25must be deposited in the Public Transportation Trust Fund and
26the Multimodal Transportation Fund.

27(12) In furtherance of the Commonwealth's energy policy,
28which includes becoming independent from overreliance on
29foreign energy sources, programs must be established to
30promote reliance on or conversion to alternative energy

1sources, including the vast natural gas supply of this
2Commonwealth.

3(13) Recognition and furtherance of all these elements 
4is essential to promoting the health, safety and welfare of 
5the citizens of this Commonwealth.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

<-8Section 1. Section 8621 of Title 20 of the Pennsylvania
9Consolidated Statutes is amended to read:

10§ 8621. The Governor Robert P. Casey Memorial Organ and Tissue
11Donation Awareness Trust Fund contributions.

12(a) Driver's license.--Beginning as soon as practicable, but
13no later than January 1, 1995, the Department of Transportation
14shall provide an applicant for an original or renewal driver's
15license or identification card the opportunity to make a
16contribution of [$1] $3 to the fund. The contribution shall be
17added to the regular fee for an original or renewal driver's
18license or identification card. One contribution may be made for
19each issuance or renewal of a license or identification card.
20Contributions shall be used exclusively for the purposes set out
21in section 8622 (relating to The Governor Robert P. Casey
22Memorial Organ and Tissue Donation Awareness Trust Fund). The
23Department of Transportation shall monthly determine the total
24amount designated under this section and shall report that
25amount to the State Treasurer, who shall transfer that amount to
26The Governor Robert P. Casey Memorial Organ and Tissue Donation
27Awareness Trust Fund.

28(b) Vehicle registration.--The Department of Transportation
29shall provide an applicant for a renewal vehicle registration
30the opportunity to make a contribution of [$1] $3 to The

1Governor Robert P. Casey Memorial Organ and Tissue Donation
2Awareness Trust Fund. The contribution shall be added to the
3regular fee for a renewal of a vehicle registration. One
4contribution may be made for each renewal vehicle registration.
5Contributions shall be used exclusively for the purposes
6described in section 8622. The Department of Transportation
7shall monthly determine the total amount designated under this
8section and shall report that amount to the State Treasurer, who
9shall transfer that amount to The Governor Robert P. Casey
10Memorial Organ and Tissue Donation Awareness Trust Fund. The
11Governor Robert P. Casey Memorial Organ and Tissue Donation
12Awareness Trust Fund shall reimburse the department for the
13initial costs incurred in the development and implementation of
14the contribution program under this subsection. The General Fund
15shall reimburse the Department of Transportation for the actual
16annual operating costs of the program for vehicle registrations
17as described in this subsection subject to the following limits:
18For the first fiscal year during which this subsection is
19effective, the General Fund shall reimburse the Department of
20Transportation for the actual operating costs of the program in
21this subsection up to a maximum of $100,000. For each fiscal
22year thereafter, the General Fund shall reimburse the Department
23of Transportation for the actual operating costs of the program
24in this subsection in an amount not to exceed the prior year's
25actual operating costs on a full fiscal year basis plus 3%. The
26amounts approved by the Governor as necessary are hereby
27appropriated from the General Fund for this purpose.

28Section 1.1. Section 303 of Title 74 is amended to read:

29§ 303. [Minority and women-owned] Diverse business
30participation.

1(a) General rule.--In [administering] bidding and awarding
2contracts for transportation projects funded pursuant to the
3provisions of this title or Title 75 (relating to vehicles), the
4department, the commission and any local transportation
5organization shall:

6(1) Be responsible for ensuring that all competitive
7contract opportunities issued by the department, the
8commission or local transportation organization seek to
9maximize participation by [minority-owned and women-owned
10businesses and other disadvantaged] diverse businesses.

11(1.1) Include in information and bid documents released
12for bidding or solicitation on all competitive contracting
13opportunities notice to the bidder that:

14(i) A prime contractor is required to document and
15submit all good faith efforts to solicit subcontractors
16from diverse businesses during the prebid and bidding
17process, which shall be evaluated by contracting
18entities.

19(ii) The prime contractor must include in the bid
20the name and business address of each subcontractor
21certified as a diverse business that will perform work or
22labor, or render services to the prime contractor in
23connection with the performance of the contract.

24(2) [Give] Encourage contractors to utilize and give
25consideration[, when possible and cost effective,] to
26contractors offering to utilize [minority-owned and women-
27owned businesses and disadvantaged] diverse businesses in the
28selection and award of contracts.

29(3) Ensure that the department's, the commission's and
30local transportation organizations' commitment to [the

1minority-owned and women-owned business program]
2participation by diverse businesses is clearly understood and
3appropriately implemented and enforced by all applicable
4department, commission and local transportation organization
5employees.

6(4) Designate a responsible official to supervise the
7department, the commission and local transportation
8organization [minority-owned and women-owned] diverse
9business program and ensure compliance within the department,
10the commission or local transportation organization.

11(5) [Furnish the Department of General Services, upon
12request, all requested information or assistance.]
13(Reserved).

14(6) [Recommend sanctions to the Secretary of General
15Services,] Impose sanctions as may be appropriate under 62
16Pa.C.S. Pt. I (relating to Commonwealth Procurement Code),
17against businesses that fail to comply with this section or
18the policies of the Commonwealth [minority-owned and women-
19owned] diverse business [program] programs. This paragraph
20shall not apply to a local transportation organization.

21(a.1) Additional duties of department.--The department, with
22the assistance of the Disadvantage Business Enterprise
23Supportive Services Center, shall have the following duties:

24(1) Conduct the necessary and appropriate outreach,
25including using the database available on the Internet
26website of the Department of General Services, for purposes
27of identifying diverse businesses in general construction
28capable of performing contracts subject to this section.

29(2) By October 1, 2014, and each October 1 thereafter,
30submit a report to the chairman and minority chairman of the

1Transportation Committee of the Senate and the chairman and
2minority chairman of the Transportation Committee of the
3House of Representatives summarizing the participation level
4of diverse businesses in all competitive contract
5opportunities issued by the department, the commission or
6local transportation organization. The commission or local
7transportation organization shall cooperate with the
8department to complete the report. The report shall include:

9(i) The percentage of participation by diverse
10businesses.

11(ii) The total value of all contracts or
12subcontracts or other procurement contracts executed by
13diverse businesses pursuant to this section in the prior
14year.

15(iii) The number of businesses penalized for
16violating this section.

17(3) Transmit the report under paragraph (2) to the
18Minority Business Development Authority, established under
19the act of July 22, 1974 (P.L.598, No.206), known as the
20"Pennsylvania Minority Business Development Authority Act."
21The authority shall review the report to assess the
22effectiveness in advancing this section and to make any
23recommendations for changes in this section deemed necessary
24or desirable to the secretary and the chairman and minority
25chairman of the Transportation Committee of the Senate and
26the chairman and minority chairman of the Transportation
27Committee of the House of Representatives.

28(a.2) Applicability.--The following shall apply to
29contractors and contracts subject to subsection (a):

30(1) The provisions of 62 Pa.C.S. § 2108 (relating to

1compliance with Federal requirements).

2(2) Prompt payment policies between a contractor and
3subcontractor adopted by the Department of General Services
4pursuant to 62 Pa.C.S. Pt. I.

5(b) Definitions.--As used in this section, the following
6words and phrases shall have the meanings given to them in this
7subsection:

8"Commission." As defined in section 8102 (relating to
9definitions).

10"Disadvantaged business." A business that is owned or
11controlled by a majority of persons, not limited to members of
12minority groups, who are subject to racial or ethnic prejudice
13or cultural bias.

14"Diverse business." A disadvantaged business, minority-owned
15or women-owned business or service-disabled veteran-owned or
16veteran-owned small business.

17"Local transportation organization." Any of the following:

18(1) A political subdivision or a public transportation
19authority, port authority or redevelopment authority
20organized under the laws of this Commonwealth or pursuant to
21an interstate compact or otherwise empowered to render,
22contract for the rendering of or assist in the rendering of
23transportation service in a limited area in this
24Commonwealth, even though it may also render or assist in
25rendering transportation service in adjacent states.

26(2) A nonprofit association that directly or indirectly
27provides public transportation service.

28(3) A nonprofit association of public transportation
29providers operating within this Commonwealth.

30"Minority-owned business." A business owned and controlled

1by a majority of individuals who are African Americans, Hispanic
2Americans, Native Americans, Asian Americans, Alaskans or
3Pacific Islanders.

4"Service-disabled veteran-owned small business." As defined
5in 51 Pa.C.S. § 9601 (relating to definitions).

6"Veteran-owned small business." As defined in 51 Pa.C.S. §
79601 (relating to definitions).

8"Women-owned business." A business owned and controlled by a
9majority of individuals who are women.

10Section 2. The definitions of "base operating allocation"
11and "capital expenditures" in section 1503 of Title 74 are
12amended to read:

13§ 1503. Definitions.

14The following words and phrases when used in this chapter
15shall have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17* * *

18"Base operating allocation." The total amount of State
19operating assistance, reimbursement in lieu of fares for senior
20passengers and other assistance which was used for operating
21assistance as determined by the department in [fiscal year 2005-
222006] the last full fiscal year that the qualifying local
23transportation organization received the assistance, including
24the funds received under section 1517.1 (relating to Alternative
25Energy Capital Investment Program).

26"Capital expenditures." All costs of capital projects,
27including, but not limited to, the costs of acquisition,
28construction, installation, start-up of operations, improvements
29and all work and materials incident thereto. At the discretion
30of the department, preventive maintenance expenses, as defined

1by the Federal Transit Administration, may be deemed eligible as
2a capital expenditure based on written approval by the
3department.

4* * *

5Section 3. Section 1506(b)(1), (c) and (e) of Title 74 are
6amended to read:

7§ 1506. Fund.

8* * *

9(b) Deposits to fund by department.--

10(1) The following apply:

11(i) [Except as provided under subparagraph (ii),
12upon] Upon receipt, the department shall deposit into the
13fund the revenues received by the department under 75
14Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike) and
15the lease agreement executed between the department and
16the Pennsylvania Turnpike Commission under 75 Pa.C.S. §
178915.3 (relating to lease of Interstate 80; related
18agreements) [as follows:

19(A) For fiscal year 2007-2008, $250,000,000.

20(B) For fiscal year 2008-2009, $250,000,000.

21(C) For fiscal year 2009-2010, $250,000,000.

22(D) For fiscal year 2010-2011 and each fiscal
23year thereafter, the amount calculated for the
24previous fiscal year, increased by 2.5%].

25(ii) The deposits made to the fund under this
26subsection shall equal [$250,000,000] $305,000,000 for
27fiscal years 2013-2014 and 2014-2015, $360,000,000 for
28fiscal years 2015-2016 and 2016-2017 and $415,000,000
29annually for each fiscal year commencing [after the
30expiration of the conversion period if the conversion

1notice is not received by the secretary prior to
2expiration of the conversion period as set forth under 75
3Pa.C.S. § 8915.3(3)] with fiscal year 2017-2018.

4* * *

5(c) Other deposits.--The following shall be deposited into
6the fund annually:

7(1) 4.4% of the amount collected under Article II of the
8Tax Reform Code. Revenues under this paragraph shall be
9deposited into the fund by the 20th day of each month for the
10preceding month. The amount deposited under this paragraph is
11estimated to be equivalent to the money available to the
12department from the following sources:

13(i) The Supplemental Public Transportation Account
14established under former section 1310.1 (relating to
15supplemental public transportation assistance funding).

16(ii) The amount appropriated annually by the
17Commonwealth from the General Fund for mass transit
18programs pursuant to a General Appropriations Act.

19(2) An amount of proceeds of Commonwealth capital bonds
20as determined annually by the Secretary of the Budget.

21(3) Revenue in the Public Transportation Assistance Fund
22established under Article XXIII of the Tax Reform Code not
23otherwise dedicated pursuant to law.

24(4) The revenues from the surcharge imposed under 75
25Pa.C.S. § 6506(a.1) (relating to surcharge).

26(5) The revenues deposited in the fund in accordance
27with 75 Pa.C.S. § 3111(a.1)(2)(ii) (relating to obedience to
28traffic-control devices).

29(5.1) If, by July 1, 2021, legislation is not enacted to
30replace the revenue deposited in the fund under subsection

1(b)(1), in fiscal year 2021-2022 and in each fiscal year
2thereafter, the following shall apply:

3(i) An amount equal to that revenue shall be
4deposited in the fund.

5(ii) Notwithstanding any other provision of law,
6the source of the revenue deposited in the fund under
7this paragraph shall be the receipts from the tax
8collected under section 238 of the Tax Reform Code on
9motor vehicles, trailers and semi-trailers.

10(6) Other appropriations, deposits or transfers to the
11fund.

12* * *

13(e) Program funding amounts.--Subject to available funds,
14the programs established under this chapter shall be funded
15annually as follows:

16(1) For the program established under section 1513
17(relating to operating program), the following amounts shall
18be allocated from the fund:

19(i) [All] From the revenues deposited in the fund
20under subsection (b)(1)[.]:

21(A) For fiscal years 2013-2014 and 2014-2015,
22$162,000,000.

23(B) For fiscal years 2015-2016 and 2016-2017,
24$118,500,000.

25(C) For fiscal year 2017-2018 and each fiscal
26year thereafter, $75,000,000.

27(ii) All revenues deposited in the fund under
28subsection (b)(2).

29(iii) [69.99%] 86.76% of the revenues deposited in
30the fund under subsection (c)(1).

1(iv) All revenues deposited into the fund under
2subsection (c)(3).

3(v) The following percentages of the revenues
4deposited in the fund in accordance with 75 Pa.C.S. §
51904 (relating to collection and disposition of fees and
6moneys):

7(A) For fiscal years 2013-2014 and 2014-2015,
810%.

9(B) For fiscal years 2015-2016 and 2016-2017,
1043.6%.

11(C) For fiscal year 2017-2018 and each fiscal
12year thereafter, 77%.

13(2) [(i) Except as provided under subparagraph (ii),
14for] For the program established under section 1514 (relating
15to asset improvement program):

16(A) By the proceeds of Commonwealth capital
17bonds deposited into the fund under subsection (c)
18(2).

19[(A.1) For fiscal year 2007-2008, $50,000,000
20from the revenues received by the department under 75 
21Pa.C.S. Ch. 89 and the lease agreement executed 
22between the department and the Pennsylvania Turnpike 
23Commission under 75 Pa.C.S. § 8915.3. The amount 
24received by the department under this section shall
25be deposited into the fund prior to distribution and
26shall be in addition to the amounts received under
27subsection (b)(1).

28(B) For fiscal year 2008-2009, $100,000,000 from 
29the revenues received by the department under 75 
30Pa.C.S. Ch. 89 and the lease agreement executed
 

1between the department and the Pennsylvania Turnpike 
2Commission under 75 Pa.C.S. § 8915.3. The amount 
3received by the department under this section shall 
4be deposited into the fund prior to distribution and
5shall be in addition to the amounts received under
6subsection (b)(1).

7(C) For fiscal year 2009-2010, $150,000,000 from
8the revenues received by the department under 75 
9Pa.C.S. Ch. 89 and the lease agreement executed 
10between the department and the Pennsylvania Turnpike 
11Commission under 75 Pa.C.S. § 8915.3. The amount 
12received by the department under this section shall
13be deposited into the fund prior to distribution and
14shall be in addition to the amounts received under
15subsection (b)(1).

16(D) For fiscal year 2010-2011 and each fiscal
17year thereafter, the amount calculated for the prior
18fiscal year increased by 2.5% from the revenues
19received by the department under 75 Pa.C.S. Ch. 89 
20and the lease agreement executed between the 
21department and the Pennsylvania Turnpike Commission 
22under 75 Pa.C.S. § 8915.3. The amount received by the 
23department under this section shall be deposited into 
24the fund prior to distribution and shall be in 
25addition to the amounts received under subsection (b)
26(1).]

27(E) Ninety five percent of the remaining revenue
28deposited in the fund under subsection (b)(1), after
29the allocation of $30,000,000 to the Multimodal
30Transportation Fund under section 2102 (relating to

1deposits to fund).

2(F) The revenues deposited in the fund under
3subsection (c)(4) and (5).

4[(ii) If the conversion notice is not received by
5the secretary prior to the end of the conversion period
6as set forth in 75 Pa.C.S. § 8915.3(3), no additional
7allocation shall be made under subparagraph (i).]

8(3) For the program established under section 1516
9(relating to programs of Statewide significance), 13.24% of
10the revenues deposited in the fund under subsection (c)(1)
11shall be allocated from the fund in addition to the remaining
12revenue deposited in the fund under subsection (b)(1).

13[(4) For the program established under section 1517
14(relating to capital improvements program), 16.77% of the
15revenues deposited in the fund under subsection (c)(1).
16Additional funds for this program may be provided from the
17funds allocated but not distributed based on the limitation
18set forth under section 1513(c)(3).]

19(5) For the program established under section 1517.1
20(relating to Alternative Energy Capital Investments Program),
21no more than $60 million of the revenues deposited in the
22fund under subsection (c) may be allocated from the fund.

23Section 4. Section 1507(a)(6) and (c) of Title 74 are
24amended and subsection (a) is amended by adding a paragraph to
25read:

26§ 1507. Application and approval process.

27(a) Application.--An eligible applicant that wishes to
28receive financial assistance under this chapter shall submit a
29written application to the department on a form developed by the
30department, which shall include the following:

1* * *

2(6) Evidence satisfactory to the department of the
3commitment for matching funds required under this chapter
4sufficient to match the projected financial assistance
5payments [at the same times that the financial assistance
6payments are to be provided.], provided no later than June 30
7of the applicable fiscal year. If the evidence required under
8this paragraph is not provided to the satisfaction of the
9department, subsequent funding under section 1513 (relating
10to operating program) shall be withheld until the applicant
11meets the requirements of this paragraph.

12(6.1) A statement of policy outlining the basic
13principles for the adjustment of fare growth to meet the rate
14of inflation.

15* * *

16(c) Restriction on use of funds.--[Financial] Unless the
17department grants the award recipient a waiver allowing the
18funds to be used for a different purpose, financial assistance
19under this chapter shall be used only for activities set forth
20under the financial assistance agreement [unless the department
21grants the award recipient a waiver allowing the funds to be
22used for a different purpose]. The department's regulations
23shall describe circumstances under which it will consider waiver
24requests and shall set forth all information to be included in a
25waiver request. The [maximum duration of a waiver shall be one
26year, and a] waiver request shall include a plan of corrective
27action to demonstrate that the award recipient does not have an
28ongoing need to use financial assistance funds for activities
29other than those for which funds were originally awarded. The
30duration of the waiver may not exceed the duration of the plan

1of corrective action. The department shall monitor
2implementation of the plan of corrective action. If the plan of
3corrective action is not implemented by the local transportation
4organization, the department shall rescind the waiver approval.

5Section 5. Sections 1511 and 1512 of Title 74 are amended to
6read:

7§ 1511. Report to Governor and General Assembly.

8[The following shall apply:

9(1) Except as provided in paragraph (2), the] The
10department shall submit a public passenger transportation
11performance report to the Governor and the General Assembly
12by April 30 of each year, covering the prior fiscal year.

13[(2) The report covering the 2005-2006 fiscal year shall
14be submitted by July 31, 2007.]

15§ 1512. Coordination and consolidation.

16(a) Coordination.--Coordination is required in regions where
17two or more award recipients have services or activities for
18which financial assistance is being provided under this chapter
19to assure that the services or activities are provided
20efficiently and effectively.

21(b) Consolidation.--

22(1) The department shall study the consolidation of
23local transportation organizations as a means of reducing
24annual expenses incurred by local transportation
25organizations. The study shall examine the creation of
26service regions to determine whether consolidation would
27result in reduced annual expenses for the local
28transportation organizations proposed to be consolidated.

29(2) If the results of the study under paragraph (1)
30conclude that consolidation will result in estimated annual

1savings to one or more of the local transportation
2organizations of at least $2,000,000 or 25% of the local
3match contribution under section 1513 (relating to operating
4program) at the time of completion of the study, the local
5transportation organization and municipality shall implement
6the recommended action or provide increased local matching
7funds equal to 25% of the transportation organization's and
8local government's financial assistance under section 1513.

9(3) The department shall waive the match increase under
10paragraph (2) for a local transportation organization or
11municipality if the local transportation organization or
12municipality is the only entity willing to consolidate in
13accordance with paragraph (2) and no consolidation occurs.

14(c) Funding for consolidation incentives.--A capital project
15that is necessary to support a local transportation organization
16that has agreed to consolidate operations and administration to
17achieve cost and service efficiencies shall be eligible for
18financial assistance under this chapter. The application for
19financial assistance must:

20(1) identify the efficiencies in a consolidation plan;
21and

22(2) include the expected dollar savings that will result
23from the consolidation.

24Section 6. Section 1514 of Title 74 is amended by adding a
25subsection to read:

26§ 1514. Asset improvement program.

27* * *

28(e.1) Distribution.--The department shall allocate financial
29assistance under this section on a percentage basis of available
30funds each fiscal year as follows:

1(1) The local transportation organization organized and
2existing under Chapter 17 (relating to metropolitan
3transportation authorities) as the primary provider of public
4passenger transportation for the counties of Philadelphia,
5Bucks, Chester, Delaware and Montgomery, shall receive 69.4%
6of the funds available for distribution under this section.

7(2) The local transportation organization organized and
8existing under the act of April 6, 1956 (1955 P.L.1414,
9No.465), known as the Second Class County Port Authority Act,
10as the primary provider of public transportation for the
11county of Allegheny, shall receive 22.6% of the funds
12available for distribution under this section.

13(3) Other local transportation organizations organized
14and existing as the primary providers of public passenger
15transportation for the counties of this Commonwealth not
16identified under paragraph (1) or (2) shall receive 8% of the
17funds available for distribution under this section. The
18department shall allocate the funds under this paragraph
19among the local transportation organizations.

20(4) Notwithstanding paragraphs (1), (2) and (3) and
21before distributing the funds under paragraph (1), (2) or
22(3), the department shall set aside 5% of the funds available
23for distribution under this section for discretionary use and
24distribution by the secretary.

25* * *

26Section 7. Sections 1516(b) and (e) of Title 74 are amended
27to read:

28§ 1516. Programs of Statewide significance.

29* * *

30(b) Persons with disabilities.--The department shall

1establish and administer a program providing reduced fares to
2persons with disabilities on community transportation services
3and to provide financial assistance for start-up, administrative
4and capital expenses related to reduced fares for persons with
5disabilities. All of the following shall apply:

6(1) A community transportation system operating in the
7Commonwealth other than in [counties of the first and second
8class] a county of the first class may apply for financial
9assistance under this subsection.

10(2) The department may award financial assistance under
11this subsection for program start-up and for continuing
12capital expenses to offset administrative and capital
13expenses. For community transportation trips made by eligible
14persons with disabilities, financial assistance may be
15awarded to an eligible community transportation system to
16reimburse the system for up to 85% of the fare established
17for the general public for each trip which is outside of
18fixed-route and paratransit service areas and not eligible
19for funding from any other program or funding source. The
20person making the trip or an approved third-party sponsor
21shall contribute the greater of 15% of the fare established
22for the general public or the Americans with Disabilities Act
23complementary paratransit fare.

24* * *

25(e) Technical assistance [and], demonstration and
26emergency.--The department is authorized to provide financial
27assistance under this section for technical assistance, research
28and short-term demonstration or emergency projects. All of the
29following shall apply:

30(1) A local transportation organization or an agency or

1instrumentality of the Commonwealth may apply to the
2department for financial assistance under this subsection.

3(2) Financial assistance provided under this subsection
4may be used for reimbursement for any approved operating or
5capital costs related to technical assistance and
6demonstration program projects. Financial assistance for
7short-term demonstration projects may be provided at the
8department's discretion on an annual basis based on the level
9of financial commitment provided by the award recipient to
10provide ongoing future funding for the project as soon as the
11project meets the criteria established by the department and
12the award recipient. Financial assistance for this purpose
13shall not be provided for more than three fiscal years.
14Financial assistance may be provided to meet any short-term
15emergency need that requires immediate attention and cannot
16be funded through other sources.

17(3) Financial assistance under this subsection provided
18to a local transportation organization shall be matched by
19local or private cash funding in an amount not less than
203.33% of the amount of the financial assistance being
21provided. The sources of funds for the local match shall be
22subject to the requirements of section 1513(d)(3) (relating
23to operating program).

24(4) As follows:

25(i) For short-term demonstration projects awarded
26financial assistance under this subsection, the
27department shall determine if the demonstration project
28was successful based upon the performance criteria
29established prior to the commencement of the
30demonstration project and approved by the department.

1(ii) If the department determines that the
2demonstration project was successful, the local
3transportation organization or agency or instrumentality
4of the Commonwealth that conducted the demonstration
5project shall be eligible to apply for and receive funds
6under section 1513 to sustain and transition the
7demonstration project into regular public passenger
8transportation service.

9(iii) During the first year in which the
10demonstration project is eligible for and applies for
11financial assistance under section 1513, the local
12transportation organization or agency or instrumentality
13of the Commonwealth that conducted the demonstration
14project and transitioned it to regular public passenger
15transportation service shall be eligible to receive
16financial assistance up to 65% of the transportation
17service's prior fiscal year operating costs or expenses
18for the service as an initial base operating allocation.

19(iv) The initial base operating allocation shall be
20taken from the growth under section 1513 over the prior
21year before distributing the remainder of the formula
22described in section 1513.

23Section 8. Section 1517 of Title 74 is repealed:

24[§ 1517. Capital improvements program.

25(a) Eligibility.--A local transportation organization may
26apply for financial assistance under this section.

27(b) Applications.--The department shall establish the
28contents of the application for the program established under
29this section. The information shall be in addition to
30information required under section 1507 (relating to application

1and approval process).

2(c) Distribution formula.--The department shall award
3financial assistance under this section based on the number of
4passengers. The actual amount awarded to a local transportation
5organization under this subsection shall be calculated as
6follows:

7(1) Multiply the local transportation organization's
8passengers by the total amount of funding available under
9this section.

10(2) Divide the product under paragraph (1) by the sum of
11the passengers for all qualifying local transportation
12organizations.

13(d) Payments.--Financial assistance under this section shall
14be paid to local transportation organizations at least
15quarterly.

16(e) Reduction in financial assistance.--Financial assistance
17provided to a local transportation organization under this
18section shall be reduced by any financial assistance received
19previously under this section which has not been spent or
20committed in a contract within three years of its receipt.]

21Section 8.1. Title 74 is amended by adding a section to
22read:

23§ 1517.1. Alternative Energy Capital Investment Program.

24(a) Establishment.--The department is authorized to
25establish a competitive grant program to implement capital
26improvements deemed necessary to support conversion of a local
27transportation organization's fleet to an alternative energy
28source, including compressed natural gas.

29(b) Criteria.--The department shall establish criteria for
30awarding grants under this section. Criteria shall, at a

1minimum, include feasibility, cost/benefit analysis and project
2readiness.

3(c) Additional authorization.--Notwithstanding any other
4provisions of this section or other law, the department may use
5funds designated for the program established under subsection
6(a) to supplement a local transit organization's base operating
7allocation under section 1513 (relating to operating program) if
8necessary to stabilize an operating budget and ensure that
9efficient services may be sustained to support economic
10development and job creation and retention.

11Section 9. Title 74 is amended by adding a chapter to read:

12CHAPTER 21

13MULTIMODAL TRANSPORTATION FUNDING

14Sec.

152101. Multimodal Transportation Fund.

162102. Deposits to fund.

172103. Use of revenue.

182104. Distribution of revenue.

192105. Project selection criteria and agreement.

202106. Local match.

21§ 2101. Multimodal Transportation Fund.

22A special fund is established within the State Treasury to be
23known as the Multimodal Transportation Fund. Money in the fund
24is appropriated to the department for the purposes authorized
25under this chapter.

26§ 2102. Deposits to fund.

27The following shall be deposited in the Multimodal
28Transportation Fund:

29(1) Thirty million dollars of the revenue deposited in
30the Public Transportation Trust Fund under section 1506(b)(1)


1(relating to fund).

2(2) Twenty-three percent of the revenues deposited in
3the fund in accordance with 75 Pa.C.S. § 1904 (b)(2)
4(relating to collection and disposition of fees and moneys).

5(3) For fiscal year 2015-2016 and each fiscal year
6thereafter, the amount allocated from the oil company
7franchise tax imposed under 75 Pa.C.S. § 9502 (relating to
8imposition of tax) to be expended in accordance with section
911 of Article VIII of the Constitution of Pennsylvania.

10(4) Other appropriations, deposits or transfers to the
11fund.

12(5) The interest earned on money in the fund.

13§ 2103. Use of revenue.

14Upon agreement of a majority among the chairman and minority
15chairman of the Transportation Committee of the Senate and of
16the chairman and minority chairman of the Transportation
17Committee of the House of Representatives, money in the fund
18shall be used by the department as follows:

19(1) To provide grants through the department's programs
20relating to aviation, rail freight, passenger rail, port and
21waterway, bicycle and pedestrian facilities, road and bridge
22and other transportation modes.

23(2) For costs incurred by the department in the
24administration of a programs specified under paragraph (1).

25(3) To incur costs for activities initiated or
26undertaken directly by the department related to the programs
27under paragraph (1).

28§ 2104. Distribution of revenue.

29The revenue deposited in the fund shall be distributed
30annually as follows:

1(1) Six million dollars shall be designated for programs
2related to aviation.

3(2) Ten million dollars shall be designated for programs
4related to rail freight.

5(3) Five and one-half million dollars shall be
6designated for programs related to rail passengers.

7(4) Eight million dollars shall be designated for
8programs related to ports and waterways.

9(5) Two million dollars for programs related to bicycle
10and pedestrian facilities.

11(6) The department may provide grants from money
12available under paragraph (7) for the following:

13(i) Projects which coordinate local land use with
14transportation assets to enhance existing communities.

15(ii) Streetscape, lighting, sidewalk enhancement,
16pedestrian safety and related projects.

17(iii) Projects improving connectivity or utilization
18of existing transportation assets.

19(7) The remaining revenues shall be designated for
20eligible programs under this chapter.

21§ 2105. Project selection criteria and agreement.

22The department shall award grants under this chapter on a
23competitive basis. The department may not reserve, designate or
24set aside a specific level of funds or percentage of funds to an
25applicant prior to the completion of the application process,
26nor may the department designate a set percentage of funds to an
27applicant.

28§ 2106. Local match.

29Financial assistance under this section shall be matched by
30county, municipal or private funding in an amount not less than

130% of the non-Federal share of the project cost. Matching funds
2from a county or municipality shall only consist of cash
3contributions provided by one or more counties or
4municipalities.

5Section 9.1. Chapter 59 of Title 74 is amended by adding a
6subchapter to read:

7SUBCHAPTER C

8FIRST CLASS CITY CONSOLIDATED CAR RENTAL FACILITY

9Sec.

105931. Scope of subchapter.

115932. Definitions.

125933. Customer facility charge.

13§ 5931. Scope of subchapter.

14This subchapter relates to first class city consolidated
15rental car facilities.

16§ 5932. Definitions.

17The following words and phrases when used in this act shall
18have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20"Airport." A public international airport located partially
21in a city of the first class and partially in an adjacent
22municipality.

23"Airport owner." Any of the following:

24(1) A city which owns and operates an airport.

25(2) An authority created by a city of the first class to
26own and operate an airport or any portion or activities of
27the airport.

28"Airport property." Property owned and operated by an
29airport owner, including property that is leased, licensed or
30available for use by the airport owner.

1"City." A city of the first class.

2"Concession agreement." A regulation, contract, permit,
3license or other agreement entered into between an airport owner
4and a vehicle rental company which includes the terms and
5conditions under which the company may transact its rental
6vehicle business at the airport or on airport property.

7"Customer facility charge." A fee assessed on each motor
8vehicle rental fee under this subchapter for the purpose of
9funding all or part of the cost of:

10(1) A rental facility.

11(2) A rental facility improvement.

12(3) The proportionate cost of a transportation system.

13(4) A rental facility operation and maintenance expense.

14"Motor vehicle." A private passenger motor vehicle that
15meets all of the following:

16(1) Is designed to transport not more than 15
17passengers.

18(2) Is rented for not more than 30 days without a
19driver.

20(3) Is part of a fleet of at least five passenger
21vehicles used for the purpose under paragraph (2).

22(4) Is owned or leased by a vehicle rental company.

23"Rental facility." A consolidated facility for the use of a
24vehicle rental company to conduct business on airport property.

25"Rental facility agreement." An agreement entered into
26between an airport owner and a vehicle rental company which
27includes the following:

28(1) Location, scope of operations and general design of
29the rental facility, rental facility improvements and a
30transportation system which connects to a terminal or related

1structure.

2(2) The manner in which the proceeds of the customer
3facility charge are to be used for the development,
4operation, maintenance and funding of a rental facility, a
5rental facility improvement, the proportionate cost of a
6transportation system and the cost of operations and
7maintenance.

8(3) A procedure and requirement for a consultation
9regarding the implementation of this subchapter and the
10disclosure to vehicle rental companies of information
11relating to the collection and use of the customer facility
12charge.

13(4) A methodology and procedure by which the amount of
14the customer facility charge will be calculated and adjusted.

15"Rental facility improvement." A facility or structure on
16airport property that is for the common use of vehicle rental
17companies. The term shall include planning, finance, design,
18construction, equipping or furnishing of the facility or
19structure.

20"Rental facility operations and maintenance." The cost of
21operating and maintaining a rental facility, including the day-
22to-day cost.

23"Transportation system." A system which transports an
24arriving or departing vehicle rental customer between a terminal
25and related structure and the rental facility.

26"Vehicle rental company." A business entity which meets all
27of the following:

28(1) Is engaged in the business of renting a motor
29vehicle in this Commonwealth to a customer using airport
30property.

1(2) Operates from an on-airport or an off-airport
2facility.

3§ 5933. Customer facility charge.

4(a) Imposition.--A city may impose a customer facility
5charge of not more than $8 per rental day on a customer renting
6a motor vehicle from a vehicle rental company doing business at
7an airport. A customer facility charge may:

8(1) be imposed notwithstanding the absence of authority
9in a regulation, on-airport concession agreement or off-
10airport concession agreement or permit; and

11(2) not affect the validity or enforceability of a
12concession agreement or permit.

13(b) Amendment.--The following shall apply:

14(1) After executing a rental facility agreement with
15each vehicle rental company, the following shall apply:

16(i) A city may increase or decrease the customer
17facility charge in an amount necessary to fund the costs
18as authorized under the rental facility agreement.

19(ii) The terms of the rental facility agreement may
20be amended upon agreement by the airport owner and each
21vehicle rental company no more than once per calendar
22year.

23(2) An amended rental facility agreement may authorize
24the increase or decrease of the amount of the customer
25facility charge to fund the current costs authorized under
26the rental facility agreement.

27(c) Enforcement.--The terms of a rental facility agreement
28may be interpreted and enforced by a court of competent
29jurisdiction through the imposition of a mandatory or
30prohibitive injunction. Monetary damages may not be awarded to a

1vehicle rental company or to a person required to pay the
2customer facility charge for a violation of the terms and
3conditions of the rental facility agreement.

4(d) Time limitation.--If a rental facility agreement is not
5executed within two years of the effective date of the
6implementation of the customer facility charge, a city may
7continue to impose and collect the customer facility charge
8authorized under subsection (a) or proceed, in consultation with
9the vehicle rental companies, to plan, design, finance and
10construct a facility to be used for the provision of vehicle
11rental service on airport property. The cost to a rental vehicle
12company of the facility and the proportionate cost of a
13transportation system under this subsection may not exceed the
14customer facility charge.

15(e) Additional cost.--A customer facility charge shall be in
16addition to other motor vehicle rental fees and taxes imposed
17under law, except that the customer facility charge may not
18constitute part of the purchase price of a motor vehicle rental
19imposed under any of the following:

20(1) Article II of the act of March 4, 1971 (P.L.6,
21No.2), known as the Tax Reform Code of 1971.

22(2) The act of June 5, 1991 (P.L.9, No.6), known as the
23Pennsylvania Intergovernmental Cooperation Authority Act for
24Cities of the First Class.

25(3) A law similar to the statutes under paragraphs (1)
26and (2).

27(f) Collection.--The following shall apply:

28(1) A customer facility charge shall be:

29(i) collected from a customer by a vehicle rental
30company and held in a segregated trust fund for the

1benefit of the airport owner; and

2(ii) paid to an airport owner on or before the last
3day of the month following the month in which the
4customer facility charges are collected.

5(2) A customer facility charge may not constitute gross
6receipts or income of a vehicle rental company for the
7purpose of tax imposed by the Commonwealth, the city or a
8municipality.

9(3) Funds in a segregated trust fund under subsection
10(a) may not be pledged, subjected to a lien or encumbered by
11a vehicle rental company.

12(g) Use.--Proceeds of the customer facility charge shall be
13deposited by the airport owner into a segregated account to be
14used solely for:

15(1) The planning, development, financing, construction
16and operation of a rental facility.

17(2) A rental facility improvement.

18(3) The proportionate cost of a transportation system.

19(4) A rental facility operation and maintenance.

20(h) Pledge.--An airport owner may pledge customer facility
21charge revenues for any of the following:

22(1) The planning and design of a rental facility.

23(2) The creation and maintenance of reasonable reserves
24and for the payment of debt service for the planning and
25design of a rental facility.

26(i) Administration.--An airport owner may do any of the
27following:

28(1) Require a vehicle rental company to provide periodic
29statements of account, file returns, authorize payments and
30maintain records, in accordance with the vehicle rental

1company's obligations under this subchapter.

2(2) Conduct an examination to ensure a vehicle rental
3company's compliance with its obligations under this
4subchapter and may do the following:

5(i) Collect an amount due.

6(ii) Impose a lien and file a suit to recover an
7amount due.

8(iii) Grant a refund.

9(iv) Require the payment of an authorized addition
10to a customer facility charge, interest and penalty.

11(v) Adopt rules and regulations to implement this
12section.

13(vi) Seek criminal penalties, as provided for a city
14of the first class for the collection of taxes, for
15failure to comply with the requirements of this
16subchapter.

17Section 10. The definitions of "electronic toll collection,"
18"owner" and "violation enforcement system" in section 8102 of
19Title 74 are amended and the section is amended by adding
20definitions to read:

21§ 8102. Definitions.

22The following words and phrases when used in this chapter
23shall have the meanings given to them in this section unless the
24context clearly indicates otherwise:

25"Automated toll collection." A system of collecting tolls or
26charges by a device that is capable of accepting coin, currency,
27cards or tokens for payment of the prescribed toll or charge.

28"Certificate of passage." A document signed and certified by
29a vehicle owner, operator or lessee evidencing his or her
30agreement to pay the prescribed toll plus a processing fee to

1the commission within a prescribed period.

2"Certificate of passage toll collection." A system of
3collecting a toll or charge by providing a vehicle owner,
4operator or lessee with a certificate of passage at a toll
5collection facility if the owner, operator or lessee does not
6have sufficient funds to pay the prescribed toll at the time he
7or she passes through the toll collection facility.

8* * *

9"Electronic toll collection." A system of collecting tolls
10or charges [that is capable of charging an account holder for
11the prescribed toll] by electronic transmission of information
12[between], including by use of a device on a vehicle and a
13device [in a toll lane] at a toll collection facility, open road
14tolling, video tolling system or other similar structural or
15technological enhancements related to tolling.

16* * *

17"Owner." Except as provided under section [8117(e)] 8117
18(relating to [electronic] toll collection), [an individual] a
19person, copartnership, association or corporation having title
20or interest in a property right, easement or franchise
21authorized to be acquired under this chapter.

22* * *

23"Toll collection." A system of collecting tolls or charges
24that is capable of charging an account holder or vehicle owner,
25operator or lessee for the prescribed toll by automated toll
26collection, certificate of passage toll collection or electronic
27toll collection.

28* * *

29"Video tolling system." As follows:

30(1) A vehicle sensor or other electronic toll collection

1device, placed in a location to work in conjunction with a
2toll collection facility, which automatically produces a
3videotape or photograph, microphotograph or other recorded
4image of the vehicle or vehicle license plate at the time the
5vehicle is used or operated on the tolled facility in order
6to collect tolls or detect violations of the toll collection
7regulations or rules.

8(2) The term includes technology other than identified
9under paragraph (1) which identifies a vehicle by
10photographic, electronic or other method.

11"Violation." The failure to pay the prescribed toll as
12provided under section 8117 (a)(1) (relating to toll
13collection).

14["Violation enforcement system." A vehicle sensor, placed in
15a location to work in conjunction with a toll collection
16facility, which automatically produces a videotape or
17photograph, microphotograph or other recorded image of the rear
18portion of each vehicle at the time the vehicle is used or
19operated in violation of the toll collection regulations. The
20term includes any other technology which identifies a vehicle by
21photographic, electronic or other method.]

22Section 11. Sections 8105(b), 8117 and 9110(f)(5) of Title
2374 are amended to read:

24§ 8105. Commission.

25* * *

26(b) Vacancies and terms.--

27(1) Notwithstanding any other law, any vacancy in the
28membership of the commission shall be filled by appointment
29of the Governor by and with the advice and consent of two-
30thirds of the members elected to the Senate.

1(2) The appointed member shall serve for a term of four
2years. Upon the expiration of this term, the appointed member
3may continue to hold office for 90 days or until his
4successor shall be duly appointed and qualified, whichever is
5shorter. A member may not serve more than two terms.

6* * *

7§ 8117. [Electronic toll] Toll collection.

8(a) Liability of owner.--

9[(1) If an operator of a vehicle fails to pay the
10prescribed toll at any location where tolls are collected by
11means of electronic toll collection, the owner of the vehicle
12shall be liable to the commission for failure of the operator
13of the vehicle to comply with this section if the violation
14is evidenced by information obtained from a violation
15enforcement system.

16(2) If a violation of this section is committed, the
17registration plate number of the vehicle as recorded by a
18violation enforcement system shall establish an inference
19that the owner of the vehicle was then operating the vehicle.
20The inference shall be overcome if the owner does all of the
21following:

22(i) Testifies that the owner was not operating the
23vehicle at the time of the violation.

24(ii) Submits to an examination as to who at the time
25was operating the vehicle.

26(iii) Reveals the name and residence address, if
27known, of the operator of the vehicle.

28(3) If an action or proceeding is commenced in a county
29other than that of the residence of the owner, a verified
30written statement setting forth the facts prescribed under

1paragraph (2)(i), (ii) and (iii) shall suffice to overcome
2the inference.

3(4) If the inference is overcome, the operator of the
4vehicle may be held liable under this section for failure to
5pay the prescribed toll in the same manner as if the operator
6were the owner of the vehicle.

7(b) Imposition of liability.--Liability under this section
8shall be imposed upon an owner for a violation of this section
9or the regulations of the commission occurring within the
10territorial limits of this Commonwealth. If a violation is
11committed as evidenced by a violation enforcement system, the
12following shall apply:

13(1) The commission or an authorized agent or employee
14must prepare and mail a notice of violation as follows:

15(i) The notice of violation must be sent by first
16class mail to each person alleged to be liable as an
17owner for a violation of this section.

18(ii) The notice must be mailed at the address shown
19on the vehicle registration or at the address of the
20operator, as applicable. Notice must be mailed no later
21than 60 days after:

22(A) the alleged conduct; or

23(B) the date the inference is overcome under
24subsection (a)(2).

25(iii) Personal service is not required.

26(iv) The notice must contain all of the following:

27(A) Information advising the person charged of
28the manner and time in which the liability alleged in
29the notice may be contested.

30(B) A warning advising the person charged that

1failure to contest in the manner and time provided
2shall be deemed an admission of liability and that a
3default judgment may be entered on the notice.]

4(1) Notwithstanding any other provision of law, if an
5operator of a vehicle fails to pay the prescribed toll at a
6prescribed location by means of toll collection or as
7directed by official signs posted on the tolled facility in
8accordance with the rules or regulations instituted for toll
9collection by the commission, the owner of the vehicle shall
10be liable to the commission or its authorized agent for
11failure of the operator of the vehicle to comply with this
12section if the violation is evidenced by any of the
13following:

14(i) Information obtained from a video tolling
15system.

16(ii) A certificate of passage that has not been paid
17within the prescribed time period.

18(2) Except for an operator who utilizes certificates of
19passage toll collection, if an operator of a vehicle fails to
20pay the prescribed toll as provided under paragraph (1), the
21registration plate number of the vehicle as recorded by a
22video tolling system shall establish an inference that the
23owner of the vehicle was operating the vehicle at the time of
24the violation. The inference shall be overcome if the owner
25does all of the following:

26(i) Testifies that the owner was not operating the
27vehicle at the toll facility at the time of the
28violation.

29(ii) Submits to an examination as to who was
30operating the vehicle at the time of the violation.

1(iii) Reveals the name and residence address, if
2known, of the operator of the vehicle or demonstrates to
3the reasonable satisfaction of the commission that the
4vehicle was misidentified.

5(3) If an action or proceeding is commenced in a county
6other than that of the residence of the owner, a verified
7written statement under 18 Pa.C.S. § 4904 (relating to
8unsworn falsifications to authorities) setting forth the
9facts prescribed under paragraph (2) shall suffice to
10overcome the inference.

11(4) A court of competent jurisdiction shall admit as
12prima facie evidence the verified statement relied upon under
13paragraph (3). The operator of the vehicle may be held liable
14under this section for failure to pay the prescribed toll in
15the same manner as if the operator were the owner of the
16vehicle if any of the following apply:

17(i) The inference is overcome.

18(ii) The operator of the vehicle utilized
19certificate of passage toll collection.

20(b) Imposition of liability.--Liability under this section
21shall be imposed upon an owner, including a person, lessee or
22operator who becomes liable in the same manner as if the person
23was an owner under this section, for a violation of this section
24or the regulations or rules of the commission occurring within
25the territorial limits of this Commonwealth. If a violation is
26committed as evidenced by information obtained from a video
27tolling system or certificate of passage, the following shall
28apply:

29(1) The commission or an authorized agent or employee
30shall prepare and mail a notice of violation as follows:

1(i) The notice of violation shall be sent by first
2class mail to each person alleged to be liable as an
3owner for a violation of this section.

4(ii) The notice shall be mailed to the address shown
5on the vehicle registration or to the address of the
6operator, as applicable. Notice shall be mailed no later
7than 120 days after one of the following:

8(A) The date of the alleged conduct.

9(B) The date the inference is overcome in
10subsection (a)(2).

11(C) The date that a lessor provides the
12information required under subsection (b)(3) in a
13manner that the lessee of the vehicle on the date of
14violation is deemed to be the owner of the vehicle
15for purposes of this section.

16(iii) Personal service of the notice shall not be
17required.

18(iv) The notice shall include all of the following:

19(A) The date, time and location of the alleged
20violation and, if available, the license plate number
21of the vehicle.

22(B) Information advising the person charged of
23the manner and time in which the liability alleged in
24the notice may be contested.

25(C) A warning advising the person charged that
26failure to contest in the manner and time provided
27shall be deemed an admission of liability, that a
28default judgment may be entered on the notice and
29that the failure to pay all unpaid tolls,
30administrative fees and costs may result in

1suspension of registration of a vehicle registered to
2the person by the department.

3(v) A single notice with respect to multiple
4violations may be sent if the notice meets the
5requirements of this paragraph.

6(1.1) A manual or automatic record of mailing prepared
7in the ordinary course of business shall be prima facie
8evidence of the mailing of notice.

9(2) If an owner of a vehicle or an owner that is a
10lessor of a vehicle receives a notice of violation under this
11section for any time period during which the vehicle was
12reported to a police department as having been stolen, it
13shall be a defense to the allegation of liability that the
14vehicle had been reported to the police as having been stolen
15prior to the time the violation occurred and that the vehicle
16had not been recovered by the time of the violation. For
17purposes of asserting the defense under this paragraph, it
18shall be sufficient that a certified copy of the police
19report on the stolen vehicle be sent by first class mail to
20the commission or its authorized agent within 30 days after
21receiving the original notice of violation. Failure to send
22the information within the time limit under this paragraph
23shall render the owner or lessor liable for the penalty
24prescribed by this section.

25(3) An owner that is a lessor of a vehicle as to which a
26notice of violation was issued under paragraph (1) shall not
27be liable for a violation if the owner sends to the
28commission or its authorized agent a copy of the rental,
29lease or other contract document covering the vehicle on the
30date of the violation, with the name and address of the

1lessee clearly legible to the commission, within 30 days
2after receiving the original notice of violation. Failure to
3send the information within the time limit under this
4paragraph shall render the lessor liable for the penalty
5prescribed by this section. If the lessor complies with the
6provisions of this section, the lessee of the vehicle on the
7date of the violation shall be deemed to be the owner of the
8vehicle for purposes of this section and shall be subject to
9liability for the penalty under this section.

10(4) A certified report or a facsimile report of an
11authorized agent or employee of the commission reporting a
12violation of this section or rules or regulations of the
13commission based upon [the recorded information obtained from
14a violation enforcement system] any of the following shall be
15prima facie evidence of the facts contained in the report and
16shall be admissible as an official record of regularly
17conducted activity of the commission kept in the ordinary
18course of business in any proceeding charging a violation of
19this section or the toll collection rules or regulations of
20the commission:

21(i) The recorded information obtained from a video
22tolling system.

23(ii) A certificate of passage.

24(5) Notwithstanding any other provision of law,
25videotapes, photographs, microphotographs, other recorded
26images, written records, reports or facsimiles prepared
27pursuant to this section shall be for the exclusive use of
28the commission, its authorized agents, its employees and law
29enforcement officials for the purpose of discharging duties
30under this section and the rules or regulations of the

1commission. The information shall not be deemed a public
2record under the act of [June 21, 1957 (P.L.390, No.212),
3referred to as the Right-to-Know Law] February 14, 2008
4(P.L.6, No.3), known as the Right-to-Know Law. The
5information shall not be discoverable by court order or
6otherwise; nor shall it be offered in evidence in any action
7or proceeding which is not directly related to a violation of
8this section, the rules or regulations of the commission or
9indemnification for liability imposed pursuant to this
10section. The restrictions set forth in this paragraph:

11(i) shall not be deemed to preclude a court of
12competent jurisdiction from issuing an order directing
13that the information be provided to law enforcement
14officials if the information is reasonably described and
15is requested solely in connection with a criminal law
16enforcement action;

17(ii) shall not be deemed to preclude the exchange of
18the information between any entities with jurisdiction
19over or which operate [an electronic] a toll collection
20system in this Commonwealth or any other jurisdiction;
21and

22(iii) shall not be deemed to prohibit the use of
23information exclusively for the purpose of billing
24electronic toll collection account holders and other
25users of toll collection, deducting toll charges from the
26account of an account holder, enforcing toll collection
27laws and related rules and regulations or enforcing the
28provisions of an account holder agreement.

29(6) An imposition of liability under this section must
30be based upon a preponderance of evidence.

1(7) An imposition of liability pursuant to this section
2shall not be deemed a conviction of an owner and shall not be
3made part of the motor vehicle operating record of the person
4upon whom the liability is imposed, nor shall it be
5considered in the provision of motor vehicle insurance
6coverage.

7(8) An owner that admits, is found liable or fails to
8respond to the notice of violation for a violation of this
9section shall be civilly liable to the commission or tolling
10entity as defined in 75 Pa.C.S. § 1380(j) (relating to
11suspension of registration upon unpaid tolls) for [all of]
12the following:

13(i) Either:

14(A) the amount of the toll evaded or attempted
15to be evaded if the amount can be determined; or

16(B) the maximum toll from the farthest point of
17entry on the [Pennsylvania Turnpike] tolled facility
18to the actual point of exit if the amount of the toll
19evaded or attempted to be evaded cannot be
20determined.

21(ii) [A reasonable administrative fee not to exceed
22$35 per notification.] Fees and costs in an amount
23sufficient to cover the reasonable costs of collecting
24the amounts under subparagraph (i) but no greater than an
25amount set by the commission or its authorized agent or
26tolling entity as defined in 75 Pa.C.S. § 1380(j).

27(8.1) The following shall apply:

28(i) Upon failure of an owner, operator or lessee to
29pay the amount, fee and cost imposed under paragraph (8),
30the commission or its authorized agent shall send to the

1owner, operator or lessee a notice of any toll evasion
2violation setting forth the outstanding unpaid tolls and
3administrative fees and costs due to the commission and
4meeting the requirements of paragraph (1).

5(ii) The department shall suspend the registration
6of a vehicle upon the notification from the commission or
7its authorized agent that the statutory owner or
8registrant of the vehicle has failed to pay or defaulted
9in the payment of six or more violations issued under
10subsection (a)(1) or incurred unpaid tolls or
11administrative fees or costs that total a minimum of
12$500. The suspension shall not be construed to limit the
13commission's or its authorized agent's ability to recoup
14tolls, administrative fees or costs.

15(iii) Prior to notifying the department under
16subparagraph (iv), the commission or its authorized agent
17shall provide the statutory owner or registrant written
18notice by first class mail of its intent to seek
19suspension of the vehicle registration under this section
20and afford the statutory owner or registrant with the
21opportunity to be heard during an administrative
22proceeding.

23(iv) The following shall apply:

24(A) No sooner than 30 days after mailing the
25notice required under subparagraph (iii), the
26commission or its authorized agent may notify the
27department electronically, in a format prescribed by
28the department, if a statutory owner or registrant
29fails to respond, fails to pay, defaults in payment
30of six or more violations issued under subsection (a)


1(1) or incurs unpaid tolls or administrative fees or
2costs that total a minimum of $500.

3(B) If a notice has been provided under clause
4(A) and all of the violations are subsequently paid,
5dismissed, reversed on appeal or canceled, the
6commission or its authorized agent shall notify the
7department electronically, in a format prescribed by
8the department, of the disposition of the violation
9and shall provide the statutory owner or registrant
10with a release from the suspension.

11(v) A suspension under subparagraph (ii) shall
12continue until the department receives notice from the
13commission or its authorized agent that all of the
14violations are paid, dismissed, reversed on appeal or
15canceled or the defendant enters into an agreement with
16the commission or its authorized agent to make
17installment payments for the tolls, administrative fees
18and costs imposed and pays the fee prescribed under 75
19Pa.C.S. § 1960 (relating to reinstatement of operating
20privilege or vehicle registration), except that the
21suspension may be reimposed by the department if the
22defendant fails to make regular installment payments.

23(vi) The department shall impose an additional
24period of registration suspension if, subsequent to the
25issuance of a suspension under subparagraph (ii), and
26prior to the restoration of the registration, the
27department is notified by the commission or its
28authorized agent that the statutory owner or registrant
29has failed to respond, failed to pay or defaulted in the
30payment of an additional violation issued under

1subsection (a)(1).

2(vii) A suspension may not be imposed based upon a
3violation of subsection (a)(1) more than three years
4after the violation is committed.

5(9) Nothing in this section shall be construed to limit
6the liability of the operator of a vehicle for a violation of
7this section or of the rules or regulations of the
8commission.

9(c) Placement of electronic toll collection device.--An
10electronic toll collection device which is affixed to the front
11windshield of a vehicle in accordance with the rules or
12regulations of the commission shall not be deemed to constitute
13a violation of 75 Pa.C.S. § 4524 (relating to windshield
14obstructions and wipers).

15(d) Privacy of electronic toll collection account holder
16information.--

17(1) Except as set forth under paragraph (2),
18notwithstanding any other provision of law, all of the
19following apply to information kept by the commission, its
20authorized agents or its employees which is related to the
21account of an electronic toll collection system account
22holder:

23(i) The information shall be for the exclusive use
24of the commission, its authorized agents, its employees
25and law enforcement officials for the purpose of
26discharging their duties pursuant to this section and the
27rules or regulations of the commission. This subparagraph
28includes names, addresses, account numbers, account
29balances, personal financial information, credit card
30information, vehicle movement records and other

1information compiled from transactions with the account
2holders.

3(ii) The information shall not be deemed a public
4record under the Right-to-Know Law, nor shall it be
5discoverable by court order or otherwise or be offered in
6evidence in any action or proceeding which is not
7directly related to the discharge of duties under this
8section, the rules or regulations of the commission or a
9violation of an account holder agreement.

10(2) Paragraph (1) shall not be deemed to do any of the
11following:

12(i) Preclude a court of competent jurisdiction from
13issuing an order directing that the information be
14provided to law enforcement officials if the information
15is reasonably described and is requested solely in
16connection with a criminal law enforcement action.

17(ii) Preclude the exchange of the information
18between any entities with jurisdiction over or which
19operate an electronic toll collection system in this
20Commonwealth or any other jurisdiction.

21(iii) Prohibit the use of the information
22exclusively for the purpose of billing electronic toll
23collection account holders, deducting toll charges from
24the account of an account holder, enforcing toll
25collection laws and related rules or regulations or
26enforcing the provisions of an account holder agreement.

27(d.1) Temporary regulations.--Notwithstanding any other law,
28regulations promulgated by the commission during the two years
29following the effective date of this subsection shall be deemed
30temporary regulations which shall expire no later than three

1years following the effective date of this subsection or upon
2promulgation of final regulations. The temporary regulations
3shall not be subject to any of the following:

4(1) Sections 201, 202 and 203 of the act of July 31,
51968 (P.L.769, No.240), referred to as the Commonwealth
6Documents Law.

7(2) The act of June 25, 1982 (P.L.633, No.181), known as
8the Regulatory Review Act.

9(e) [Definition.--As used in this section, the term "owner"
10means any person, corporation, firm, partnership, agency,
11association, organization or lessor that, at the time a vehicle
12is operated in violation of this section or regulations of the
13commission:

14(1) is the beneficial or equitable owner of the vehicle;

15(2) has title to the vehicle; or

16(3) is the registrant or coregistrant of the vehicle
17registered with the department or a comparable agency of
18another jurisdiction or uses the vehicle in its vehicle
19renting or leasing business. The term includes a person
20entitled to the use and possession of a vehicle subject to a
21security interest in another person.] Definitions.--As used
22in this section, the following words and phrases shall have
23the meanings given to them in this subsection unless the
24context clearly indicates otherwise:

25"Owner." As follows:

26(1) A person, corporation, firm, partnership, agency,
27association, organization, governmental entity or lessor
28that, at the time a vehicle is operated in violation of this
29section or rules or regulations of the commission, meets any
30of the following:

1(i) Is the beneficial or equitable owner of the
2vehicle.

3(ii) Has title to the vehicle.

4(iii) Is the registrant or coregistrant of the
5vehicle registered with the department or a comparable
6agency of another jurisdiction or uses the vehicle in its
7vehicle renting or leasing business.

8(2) The term includes a person entitled to the use and
9possession of a vehicle subject to a security interest in
10another person.

11"Statutory owner." The term shall have the same meaning as
12given to the term "owner" in 75 Pa.C.S. § 102 (relating to
13definitions).

14§ 9110. Public-private transportation partnership agreement.

15* * *

16(f) User fees.--A provision establishing whether user fees
17will be imposed for use of the public-private transportation
18project and the basis by which any user fees will be imposed and
19collected shall be determined in the public-private
20transportation partnership agreement. If a user fee is proposed
21as part of the public-private transportation project, a
22proprietary public entity shall include provisions in the
23agreement that authorize the collection of user fees, tolls,
24fares or similar charges, including provisions that:

25* * *

26(5) In the event an operator of a vehicle fails to pay
27the prescribed toll or user fee at any location on a public-
28private transportation project where tolls or user fees are
29collected by means of an electronic or other automated or
30remote form of collection, the collection provisions of

1section 8117 (relating to [electronic] toll collection) shall
2apply except that the development entity shall possess all of
3the rights, roles, limitations and responsibilities of the
4Pennsylvania Turnpike Commission.

5* * *

6Section 12. Title 74 is amended by adding chapters to read:

7CHAPTER 92

8TRAFFIC SIGNALS

9Sec.

109201. Definitions.

119202. Maintenance agreement.

12§ 9201. Definitions.

13The following words and phrases when used in this chapter
14shall have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Department." The Department of Transportation of the
17Commonwealth.

18"Municipality." A city, borough, town or township.

19"Maintenance." The activity of keeping a traffic signal in
20proper working condition during the useful life of the traffic
21signal.

22"Replace." The modernization of an existing traffic signal
23within a designated traffic corridor.

24"Synchronize." The coordination of all traffic signals
25within a designated traffic corridor for the purpose of
26operating as a single system.

27"Timing." The programming of traffic signals within a
28designated traffic corridor in order to synchronize the signals.

29§ 9202. Maintenance agreement.

30(a) Agreement.--A municipality may enter into an agreement

1with the department to replace, synchronize and time traffic
2signals located within a designated traffic corridor. The terms
3of the agreement may specify that the municipality provide
4services to the department. The agreement shall not exceed the
5time period of the useful life of the traffic signals. The
6municipality shall, during the duration of the agreement,
7properly maintain and time the traffic signals in accordance
8with the agreement.

9(b) Intergovernmental cooperation.--Two or more
10municipalities may enter into an agreement with the department
11if a designated corridor is located in two or more
12municipalities.

13(c) Maintenance.--If the department determines that one or
14more traffic signals located in a traffic corridor is not being
15maintained or timed in accordance with an agreement under
16subsection (a), the department shall provide written notice to
17all municipalities subject to the agreement no less than 60 days
18prior to taking any action to correct the improper maintenance
19and timing. The written notice shall specify the maintenance and
20timing deficiencies that are to be corrected.

21(1) A municipality subject to the agreement under
22subsection (a) shall have 60 days to correct the deficiencies
23contained in the written notice or to contest, in writing,
24the findings of the department within 30 days of receipt of
25the written notice.

26(2) The requirement that the municipality correct the
27deficiencies within 60 days of receipt of the written notice
28shall be temporarily stayed.

29(3) A municipality that contests the deficiencies
30specified in the written notice shall have 30 days to enter

1into an agreement with the department related to the
2deficiencies specified in the written notice.

3(4) If the department and the municipality do not enter
4into an agreement under paragraph (3), the department and the
5municipality shall agree to binding arbitration with a civil
6engineer licensed by the Commonwealth who has substantial
7experience in traffic engineering. The engineer may not be
8under contract with the department or municipality or
9municipalities.

10(d) Failure of municipality to perform.--If a municipality
11that has entered into an agreement with the department under
12subsection (a) fails to meet the requirements of subsection (c)
13(1) or (2), the department may take action to correct the
14deficiencies specified in the notice under subsection (c).

15(e) Payment for failure to correct deficiencies.--If the
16department takes action under subsection (c), the department may
17deduct the actual costs of correcting the deficiencies in
18maintenance and timing from the payments made to the
19municipality under the act of June 1, 1956 (1955 P.L.1944,
20No.655), referred to as the Liquid Fuels Tax Municipal
21Allocation Law, and 75 Pa.C.S. Chs. 89 (relating to Pennsylvania
22Turnpike) and 95 (relating to taxes for highway maintenance and
23construction).

24CHAPTER 93

25BRIDGE BUNDLING PROGRAM

26Sec.

279301. Definitions.

289302. Bundling authorization.

299303. Bridge Bundling Program.

309304. Grant limitation exceptions.

1§ 9301. Definitions.

2The following words and phrases when used in this chapter
3shall have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Bridge budget act." The act of December 8, 1982 (P.L.848,
6No. 235), known as the Highway-Railroad and Highway Bridge
7Capital Budget Act for 1982-1983.

8"Department." The Department of Transportation of the
9Commonwealth.

10"Determination." A decision by the department as to the
11eligibility, recommendation and inclusion in the program.

12"Local government." A county, city, borough, town or
13township.

14"Program." The Bridge Bundling Program.

15§ 9302. Bundling authorization.

16Notwithstanding any other law, the department is authorized
17to bundle the design and construction of highway bridges owned
18by the Commonwealth or local governments as provided under this
19chapter.

20§ 9303. Bridge Bundling Program.

21(a) Establishment.--The Bridge Bundling Program is
22established within the department.

23(b) Purpose.--The purpose of the program is to save costs
24and time by allowing multiple highway bridges to be replaced or
25rehabilitated as one project for design and construction
26purposes.

27(c) Eligibility.--Bridges shall be eligible for the program
28if multiple bridges meet all of the following:

29(1) Are within geographical proximity to each other.

30(2) Are of similar size or design.

1(3) Inclusion in the program will meet the purpose of
2the program.

3(d) Implementation.--The department shall implement the
4program as follows:

5(1) The department shall annually develop a preliminary
6list from different regions of this Commonwealth, on a
7rotating basis, of bridges meeting eligibility requirements.

8(2) The department shall notify local governments owning
9bridges recommended for inclusion in that year's program.

10(3) Following receipt of notification from the
11department, the governing body of a local government shall
12have 60 days to agree or refuse participation in the program.
13Failure to respond in writing within 60 days shall be
14considered a refusal to participate in the program.

15(4) Based on the response from local governments under
16paragraph (3), the department shall make a final
17determination of bridges to be designed and constructed under
18the program and provide a list to the appropriate planning
19organizations for inclusion in lists of funded projects.

20(4.1) A determination shall not be:

21(i) considered to an adjudication under 2 Pa.C.S.
22Chs. 5 Subch. A (relating to practice and procedure of
23Commonwealth agencies) and 7 Subch. A (relating to
24judicial review of Commonwealth agency action); and

25(ii) appealable to the department or a court of law.

26(5) The following shall apply:

27(i) A local government that agrees to participate in
28the program for one or more of its bridges that qualify
29for the program must enter into an agreement with the
30department. The agreement shall define the department's

1responsibility for the design and construction of the
2bridges and the continuing ownership and maintenance
3responsibilities of the local government for the local
4bridges replaced or rehabilitated under this program.

5(ii) The local government shall have 90 days from
6receipt of the agreement to execute the agreement.

7(iii) Failure to return an agreement executed by
8authorized local government officials shall be deemed a
9refusal to participate in the program.

10(6) Upon full execution of an agreement under the
11program, the department shall manage the project design and
12construction in a manner consistent with the purpose of the
13program.

14(f) Itemization.--Notwithstanding any other law, bridges
15determined to be eligible and recommended for the program by the
16department shall not require specific itemization in a capital
17budget.

18§ 9304. Grant limitation exceptions.

19(a) Exceptions.--Notwithstanding section 2(c) of the bridge
20budget act, a local government shall not be required to pay any
21local share of the costs associated with the design and
22construction of the bridge.

23(b) Nonparticipation.--Notwithstanding section 2(c) of the
24bridge budget act, a local government with bridges that are
25recommended for participation in the program which refuses to
26participate in the program shall be required to pay 30% of the
27non-Federal share of the costs for those local bridges.

28Section 13. Section 1307(a), (a.1), (b) and (c) of Title 75
29are amended and the section is amended by adding a subsection to
30read:

1§ 1307. Period of registration.

2(a) Staggered renewal system to be established.--The
3department shall establish a system of staggered registration
4renewal in a manner that an approximately equal number of
5registrations will expire every month throughout [the year] a
6two-year period. In order to implement and maintain the
7staggered registration system, the department may prorate annual
8registration fees over registration periods of from [6 to] 18 to
930 months.

10(a.1) Seasonal registration.--Upon application on a form
11prescribed by the department, the owner or lessee of a passenger
12car, recreational motor vehicle, motorcycle, truck or farm
13vehicle which does not have a gross vehicle weight rating of
14more than 10,000 pounds may register the vehicle with the
15department for a period of successive months of less than [one
16year] two years. The applicant shall specify the period of
17months during which the vehicle shall be registered. Except when
18the department initially converts a currently valid [annual]
19registration to a seasonal registration, the [annual] fee
20prescribed for the vehicle by Chapter 19 (relating to fees)
21shall be paid in full by the applicant regardless of the number
22of months chosen for registration by the applicant. Upon receipt
23of the appropriate fee and the properly completed form,
24including all information required by this chapter, the
25department shall issue a seasonal registration that shall expire
26on the last day of the expiration month chosen by the
27registrant. No insurer of a vehicle belonging to any owner or
28lessee who obtains a seasonal registration and who applies for
29or receives a reduced automobile insurance premium on account
30thereof shall be required to provide any contractual coverage,

1whether in the form of the provision of a defense or the payment
2of first-party or third-party benefits or otherwise, to the
3owner or lessee in connection with any event occurring during
4that part of the [year] registration period in which the vehicle
5is not registered; and such owner or lessee shall be treated for
6all purposes, including, without limitation, ascertaining rights
7to stack coverages and to uninsured and underinsured motorist
8coverage, as a person who does not own that vehicle and has no
9duty to carry financial responsibility on it for that part of
10the [year] registration period.

11(b) New registration.--A new registration is effective on
12the date of issuance of a registration card by the department or
13the date of issuance of a temporary registration card by an
14authorized agent of the department under section 1310 (relating
15to temporary registration cards). Except as otherwise provided
16under this chapter, a new registration shall expire two years
17after the last day of the month preceding either the date of
18issuance of a registration card by the department or the date of
19issuance of a temporary registration card by either the
20department or an authorized agent of the department, whichever
21occurs first.

22(c) Renewal of registration.--A renewed registration shall
23be effective on issuance by the department of a renewed
24registration card. Except as otherwise provided under this
25chapter, a renewed registration shall expire as follows:

26(1) If a registration is renewed before two months have
27elapsed since its scheduled expiration, the renewed
28registration shall expire two years after the last day of the
29month in which it had been scheduled to expire.

30(2) If a registration is renewed after two months have

1elapsed since expiration, the renewed registration shall
2expire two years after the last day of the month preceding
3the date of issuance of the renewed registration.

4* * *

5(g) International Registration Plan.--Vehicles registered
6under the International Registration Plan shall be subject to
7annual registration renewal.

8Section 14. Section 1353 of Title 75 is amended to read:

9§ 1353. Preserve our heritage registration plate.

10The department, in consultation with the Pennsylvania
11Historical and Museum Commission, shall design a special
12preserve our heritage registration plate. Upon receipt of an
13application, accompanied by a fee of [$35] $54 which shall be in
14addition to the annual registration fee, the department shall
15issue the plate for a passenger car, motor home, trailer or
16truck with a registered gross weight of not more than 10,000
17pounds. The Historical Preservation Fund shall receive $15 of
18each additional fee for this plate.

19Section 15. Section 1354 of Title 75 is repealed:

20[§ 1354. Flagship Niagara commemorative registration plate.

21(a) Plate.--The department, in consultation with the
22Pennsylvania Historical and Museum Commission, shall design a
23Flagship Niagara commemorative registration plate. Upon
24application of any person, accompanied by a fee of $35 which
25shall be in addition to the annual registration fee, the
26department shall issue the plate for a passenger car, motor
27home, trailer or truck with a registered gross weight of not
28more than 10,000 pounds.

29(b) Use of fee.--Of each fee paid under subsection (a), $15
30shall be deposited into the Flagship Niagara Account, which is

1established as a special account in the Historical Preservation
2Fund of the Pennsylvania Historical and Museum Commission. The
3commission shall administer the account as follows:

4(1) To preserve, maintain and operate the Flagship
5Niagara.

6(2) After making a determination that there has been
7compliance with paragraph (1) for a fiscal year, to
8contribute to the fund.]

9Section 16. Sections 1355 and 1358 of Title 75 are amended
10to read:

11§ 1355. Zoological plate.

12The department, in consultation with the Pennsylvania
13Zoological Council, shall design a special zoological
14registration plate. Upon application of any person, accompanied
15by a fee of [$35] $54 which shall be in addition to the annual
16registration fee, the department shall issue the plate for a
17passenger car, motor home, trailer or truck with a registered
18gross weight of not more than 10,000 pounds. The Zoological
19Enhancement Fund shall receive $15 of the fee paid by the
20applicant for the plate.

21§ 1358. DARE plate.

22The department, in consultation with the Pennsylvania
23Commission on Crime and Delinquency, shall design a special drug
24abuse resistance education (DARE) registration plate which
25utilizes the DARE logo or slogan in the design. Upon application
26of any person, accompanied by a fee of [$35] $53 which shall be
27in addition to the annual registration fee, the department shall
28issue the plate for a passenger car, motor home, trailer or
29truck with a registered gross weight of not more than 10,000
30pounds. The Drug Abuse Resistance Education Program shall

1receive $15 of each additional fee for this plate.

2Section 16.1. Title 75 is amended by adding a section to
3read:

4§ 1380. Suspension of registration upon unpaid tolls.

5(a) Suspension of registration.--

6(1) The department shall suspend the registration of a
7vehicle upon the notification from a tolling entity that the
8owner or registrant of the vehicle has either:

9(i) failed to pay or defaulted in the payment of six
10or more violations issued pursuant to 74 Pa.C.S. §
118117(a)(1) (relating to electronic toll collection) or
12other laws, regulations, ordinances or other standards
13applicable to the toll collection or payment requirements
14for a tolling entity; or

15(ii) incurred unpaid tolls or administrative fees or
16costs that collectively total a minimum of $500,
17regardless of the number of violations.

18(2) The suspension under paragraph (1) may not be
19construed to limit the tolling entity's ability to recoup
20tolls, administrative fees or costs by any other means
21available under the law.

22(b) Notice.--Prior to notifying the department under
23subsection (c), the tolling entity shall provide the owner or
24registrant written notice by first class mail of its intent to
25seek suspension of the vehicle registration pursuant to this
26section and afford the owner or registrant with the opportunity
27to be heard during an administrative proceeding.

28(c)  Notice to the department.--Not sooner than 30 days after
29mailing the notice under subsection (b), the tolling entity,
30provided it has entered into an agreement with the department to

1enforce the provisions of this section, may notify the
2department electronically in a format prescribed by the
3department whenever an owner or registrant meets the
4requirements for suspension under subsection (a)(1). When a
5tolling entity has provided notice under this subsection and all
6of the violations are subsequently paid, dismissed, reversed on
7appeal or canceled, the tolling entity shall notify the
8department electronically in a format prescribed by the
9department of the disposition of the violation and shall provide
10the owner or registrant with a release from the suspension.

11(d) Period of suspension.--A suspension under subsection (a)
12shall continue until the department receives notice from the
13tolling entity that the violations are paid, dismissed, reversed
14on appeal or canceled or the owner or registrant enters into an
15agreement with the tolling entity to make installment payments
16for tolls, administrative fees and costs imposed and pays the
17fee prescribed in section 1960 (relating to reinstatement of
18operating privilege or vehicle registration), provided that the
19suspension may be reimposed by the department if the owner or
20registrant fails to make regular installment payments.

21(e)  Additional suspension.--The department shall impose an
22additional period of registration suspension if, subsequent to
23the issuance of a suspension under subsection (a) but prior to
24the restoration of the registration, the department is notified
25by the tolling entity that the owner or registrant has failed to
26pay, failed to respond or defaulted in the payment of an
27additional violation issued pursuant to 74 Pa.C.S. § 8117(a)(1).

28(f) Violations outside Commonwealth.--The department shall
29suspend the registration of a vehicle upon the notification from
30a tolling entity that has entered into an enforcement agreement

1with the department as authorized under section 6146 (relating
2to enforcement agreements) for any toll violation of that state
3or an authority or for failure to pay any fine or costs imposed
4in accordance with the laws of the jurisdiction in which the
5violation occurred. A person who provides proof satisfactory to
6the department that the full amount of the fine and costs has
7been forwarded to and received by the other state may not be
8regarded as having failed to pay for the purposes of this
9subsection.

10(g) Documentation.--In any proceeding under this section,
11documents obtained by the department from a tolling entity or
12from the appropriate agency of the Commonwealth or another state
13shall be admissible into evidence to support the department's
14case. In addition, the department may treat the documents and
15reports as documents of the department and use any of the
16methods of storage permitted under the provisions of 42 Pa.C.S.
17§ 6109 (relating to photographic copies of business and public
18records) and may reproduce the documents in accordance with the
19provisions of 42 Pa.C.S. § 6103 (relating to proof of official
20records). The department may certify that it has received or
21obtained documents and reports from a tolling entity, the
22Commonwealth or other states, and the certification shall be
23prima facie proof of the facts contained in the documents and
24reports.

25(h) Three-year statute of limitations.--No suspension may be
26imposed based upon a violation of 74 Pa.C.S. § 8117(a)(1) or
27similar provision from another state more than three years after
28the violation is committed.

29(i) Collection of out-of-State tolls.--The department or a
30tolling agency may collect the civil penalties and tolls imposed

1by an out-of-State tolling entity if the department or tolling
2entity has entered into a reciprocity agreement that confirms
3all of the following:

4(1) The other state or tolling entity has its own
5effective reciprocal procedures for collecting penalties and
6tolls imposed by a Commonwealth tolling entity and agrees to
7collect penalties and tolls of the Commonwealth tolling
8entity by employing sanctions that include denial of a
9person's right to register or reregister a motor vehicle.

10(2) The penalties, exclusive of tolls, claimed by the
11other state or tolling entity against an owner of a motor
12vehicle registered in Pennsylvania do not exceed $100 for a
13first violation or $600 for all pending violations.

14(3) The other state or tolling entity provides due
15process and appeal protections to avoid the likelihood that a
16false, mistaken or unjustified claim will be pursued against
17an owner.

18(4) An owner of a motor vehicle registered in this
19Commonwealth may present evidence to the other state or
20tolling entity by mail, telephone, electronic means or other
21means to invoke rights of due process, without having to
22appear personally in the jurisdiction where the violation is
23alleged to have occurred.

24(5) The reciprocal collection agreement between the
25department or a tolling entity and the other state or tolling
26entity provides that each party may charge the other a fee
27sufficient to cover the costs of collection services,
28including costs incurred by the agency that registers motor
29vehicles.

30(j) Definition.--As used in this section, the term "tolling

1entity" means the Pennsylvania Turnpike Commission, an entity
2authorized to impose and collect tolls in accordance with the
3laws of Pennsylvania, including 74 Pa.C.S. Ch. 91 (relating to
4public-private transportation partnerships) or the laws of
5another state or states and any authorized agent of such an
6entity.

7Section 17. Section 1514(a) and (e) of Title 75 are amended
8and the section is amended by adding subsections to read:

9§ 1514. Expiration and renewal of drivers' licenses.

10(a) General rule.--Every driver's license shall expire on
11the day after the licensee's birthdate at intervals of not more
12than [four] six years as may be determined by the department.
13Every license shall be renewable on or before its expiration
14upon application, payment of the required fee, and satisfactory
15completion of any examination required or authorized by this
16chapter.

17(a.1) Hazardous materials endorsement.--A driver's license
18containing a hazardous materials endorsement shall expire on the
19day after the licensee's birthday not less than 49 months nor
20more than 60 months from the date of validation by the
21department.

22(a.2) Staggered renewals.--The department shall establish a
23system of staggered driver's license renewal in a manner that an
24approximately equal number of driver's licenses will expire
25annually throughout a six-year period. In order to implement and
26maintain the staggered driver's license renewal system, the
27department may issue driver's licenses for periods of 37 to 72
28months. The department shall pro rate the fees imposed under
29Chapter 19 (relating to fees) as appropriate.

30* * *

1(e) Noncitizen license expiration and renewal.--

2(1) Except as otherwise provided, a license issued on
3the basis of Immigration and Naturalization Service (INS)
4credentials or documents shall expire on the date appearing
5on the INS credentials or documents provided by the applicant
6under section 1506(a.1) (relating to application for driver's
7license or learner's permit).

8(2) If the expiration date of the INS credentials or
9documents exceeds [four] six years, the license shall expire
10one day after the applicant's date of birth but not more than
11[four] six years from the date of issuance of the license.

12(3) Upon presenting INS credentials or documents
13indicating continued legal presence in the United States, the
14person may apply for a renewal of the license.

15(4) If a person has been granted permanent legal status
16in the United States by the INS, the department may in its
17discretion require the person to present his INS credentials
18or documents for only the first license application or
19renewal.

20(5) License renewals issued under this subsection shall
21be for the length of time as set forth in paragraph (1) or
22(2).

23Section 18. Sections 1553(c), 1554(c), 1617, 1786(d), 1904,
241911, 1912, 1913, 1914, 1915, 1916(a), 1917, 1918, 1920, 1921,
251922 and 1923 of Title 75 are amended to read:

26§ 1553. Occupational limited license.

27* * *

28(c) Fee.--The fee for applying for an occupational limited
29license shall be [$50] $75. This fee shall be nonrefundable and
30no other fee shall be required.

1* * *

2§ 1554. Probationary license.

3* * *

4(c) Fee.--The fee for applying for a probationary license
5shall be [$25] $35. The fee shall be nonrefundable. The annual
6fee for issuance of a probationary license shall be [$50] $75,
7plus the cost of the photograph required in section 1510(a)
8(relating to issuance and content of driver's license), which
9shall be in addition to all other licensing fees.

10* * *

11§ 1617. Fees.

12Fees relating to commercial drivers' licenses to be collected
13by the department under this chapter shall be in addition to any
14other fees imposed under the provisions of this title and are as
15follows:

16(1) The annual fee for a commercial driver's license
17designation shall be [$10] $20.

18(2) In addition to any other restoration fee required by
19this title, an additional restoration fee of [$50] $100 shall
20be assessed and collected before reinstating a commercial
21driver's operating privilege following a suspension or
22revocation under this title or disqualification under this
23chapter.

24(3) If the commercial driving privilege of a driver is
25disqualified, a Class C noncommercial or M license, if the
26driver possesses the motorcycle qualification, may be
27obtained upon payment of the fees associated with obtaining a
28duplicate license.

29(4) An additional fee of [$10] $15 shall be imposed for
30the initial issuance or renewal of a commercial driver's

1license with an "H" or "X" endorsement, in addition to the
2cost of a criminal history background check as required by
3the USA Patriot Act of 2001 (Public Law 107-56, 115 Stat.
4272).

5§ 1786. Required financial responsibility.

6* * *

7(d) Suspension of registration and operating privilege.--

8(1) The Department of Transportation shall suspend the
9registration of a vehicle for a period of three months if it
10determines the required financial responsibility was not
11secured as required by this chapter and shall suspend the
12operating privilege of the owner or registrant for a period
13of three months if the department determines that the owner
14or registrant has operated or permitted the operation of the
15vehicle without the required financial responsibility. The
16operating privilege shall not be restored until the
17restoration fee for operating privilege provided by section
181960 (relating to reinstatement of operating privilege or
19vehicle registration) is paid.

20(1.1) In lieu of serving a registration suspension
21imposed under this section, an owner or registrant may pay to
22the department a civil penalty of $500, the restoration fee
23prescribed under section 1960 and furnish proof of financial
24responsibility in a manner determined by the department.

25(2) Whenever the department revokes or suspends the
26registration of any vehicle under this chapter, the
27department shall not restore or transfer the registration
28until the suspension has been served or the civil penalty has
29been paid to the department and the vehicle owner furnishes
30proof of financial responsibility in a manner determined by

1the department and submits an application for registration to
2the department, accompanied by the fee for restoration of
3registration provided by section 1960. This subsection shall
4not apply in the following circumstances:

5(i) The owner or registrant proves to the
6satisfaction of the department that the lapse in
7financial responsibility coverage was for a period of
8less than 31 days and that the owner or registrant did
9not operate or permit the operation of the vehicle during
10the period of lapse in financial responsibility.

11(ii) The owner or registrant is a member of the
12armed services of the United States, the owner or
13registrant has previously had the financial
14responsibility required by this chapter, financial
15responsibility had lapsed while the owner or registrant
16was on temporary, emergency duty and the vehicle was not
17operated during the period of lapse in financial
18responsibility. The exemption granted by this paragraph
19shall continue for 30 days after the owner or registrant
20returns from duty as long as the vehicle is not operated
21until the required financial responsibility has been
22established.

23(iii) The insurance coverage has terminated or
24financial responsibility has lapsed simultaneously with
25or subsequent to expiration of a seasonal registration,
26as provided in section 1307(a.1) (relating to period of
27registration).

28(3) An owner whose vehicle registration has been
29suspended under this subsection shall have the same right of
30appeal under section 1377 (relating to judicial review) as

1provided for in cases of the suspension of vehicle
2registration for other purposes. The filing of the appeal
3shall act as a supersedeas, and the suspension shall not be
4imposed until determination of the matter as provided in
5section 1377. The court's scope of review in an appeal from a
6vehicle registration suspension shall be limited to
7determining whether:

8(i) the vehicle is registered or of a type that is
9required to be registered under this title; and

10(ii) there has been either notice to the department
11of a lapse, termination or cancellation in the financial
12responsibility coverage as required by law for that
13vehicle or that the owner, registrant or driver was
14requested to provide proof of financial responsibility to
15the department, a police officer or another driver and
16failed to do so. Notice to the department of the lapse,
17termination or cancellation or the failure to provide the
18requested proof of financial responsibility shall create
19a presumption that the vehicle lacked the requisite
20financial responsibility. This presumption may be
21overcome by producing clear and convincing evidence that
22the vehicle was insured at all relevant times.

23(4) Where an owner or registrant's operating privilege
24has been suspended under this subsection, the owner or
25registrant shall have the same right of appeal under section
261550 (relating to judicial review) as provided for in cases
27of suspension for other reason. The court's scope of review
28in an appeal from an operating privilege suspension shall be
29limited to determining whether:

30(i) the vehicle was registered or of a type required

1to be registered under this title; and

2(ii) the owner or registrant operated or permitted
3the operation of the same vehicle when it was not covered
4by financial responsibility. The fact that an owner,
5registrant or operator of the motor vehicle failed to
6provide competent evidence of insurance or the fact that
7the department received notice of a lapse, termination or
8cancellation of insurance for the vehicle shall create a
9presumption that the vehicle lacked the requisite
10financial responsibility. This presumption may be
11overcome by producing clear and convincing evidence that
12the vehicle was insured at the time that it was driven.

13(5) An alleged lapse, cancellation or termination of a
14policy of insurance by an insurer may only be challenged by
15requesting review by the Insurance Commissioner pursuant to
16Article XX of the act of May 17, 1921 (P.L.682, No.284),
17known as The Insurance Company Law of 1921. Proof that a
18timely request has been made to the Insurance Commissioner
19for such a review shall act as a supersedeas, staying the
20suspension of registration or operating privilege under this
21section pending a determination pursuant to section 2009(a)
22of The Insurance Company Law of 1921 or, in the event that
23further review at a hearing is requested by either party, a
24final order pursuant to section 2009(i) of The Insurance
25Company Law of 1921.

26* * *

27§ 1904. Collection and disposition of fees and moneys.

28[The] (a) General rule.--Except as provided under this
29section, the department shall collect all fees payable under
30this title and all other moneys received in connection with the

1administration of this title and transmit them to the State
2Treasurer for deposit in the Motor License Fund. Moneys paid in
3error may be refunded by the department.

4(b) Disposition.--Fees collected under sections 1951(c)
5(relating to driver's license and learner's permit), 1952
6(relating to certificate of title), 1953 (relating to security
7interest), 1955 (relating to information concerning drivers and
8vehicles), 1956 (relating to certified copies of records) and
91958 (relating to certificate of inspection) shall be
10transmitted to the State Treasurer for deposit in the following
11funds:

12(1) For fiscal years 2013-2014 and 2014-2015: 10% to the
13Public Transportation Trust Fund, 23% to the Multimodal
14Transportation Fund and 67% to the Motor License Fund.

15(2) For fiscal years 2015-2016 and 2016-2017: 43.6% to
16the Public Transportation Trust Fund, 23% to the Multimodal
17Transportation Fund and 33.4% to the Motor License Fund.

18(3) For fiscal year 2017-2018 and each fiscal year
19thereafter: 77% to the Public Transportation Trust Fund and
2023% to the Multimodal Fund.

21(c) Automatic three-year adjustment.--

22(1) Except as provided under paragraph (2), for the 36-
23month period beginning July 1, 2016, through June 30, 2019,
24and for each like 36-month period thereafter, all fees
25charged under this title shall be increased by an amount
26calculated by applying the percentage change in the Consumer
27Price Index for All Urban Consumers (CPI-U) for the most
28recent 36-month period, calculated from March 1 through
29February 28, beginning on the date the fees charged under
30this title were last increased and for which figures have

1been officially reported by the United States Department of
2Labor, Bureau of Labor Statistics, immediately prior to the
3date the adjustment is due to take effect, to the then
4current fee amounts authorized.

5(2) Fees charged under section 1916 (relating to trucks
6and truck tractors) shall be increased on July 1, 2017, for
7the period beginning on July 1, 2017, through June 30, 2020,
8and for each like 36-month period thereafter in the same
9manner and with the same requirements prescribed under
10paragraph (1).

11§ 1911. Annual registration fees.

12(a) General rule.--[An annual] A fee for the registration of
13vehicles as provided in Chapter 13 (relating to the registration
14of vehicles) shall be charged by the department as provided in
15this title.

16(b) Department to establish certain fees.--If a vehicle to
17be registered is of a type not specifically provided for by this
18title and is otherwise eligible for registration, the department
19shall determine the most appropriate fee or fee schedule for the
20vehicle or type of vehicle based on such factors as design and
21intended use.

22§ 1912. Passenger cars.

23The annual fee for registration of a passenger car shall be
24[$36] $52.

25§ 1913. Motor homes.

26The annual fee for registration of a motor home shall be
27determined by its registered gross weight in pounds according to
28the following table:

29 

30Class

Registered Gross

Weight in Pounds

 

Fee

1 1

8,000 or less

[$45] $65

2 2

8,001 - 11,000

[63] 90

3 3

11,001 or more

[81] 116

4§ 1914. Motorcycles.

5The annual fee for registration of a motorcycle other than a
6motor-driven cycle shall be [$18] $26.

7§ 1915. Motor-driven cycles.

8The annual fee for registration of a motor-driven cycle shall
9be [$9] $13.

10§ 1916. Trucks and truck tractors.

11(a) General rule.--

12(1) The annual fee for registration of a truck or truck
13tractor shall be determined by its registered gross weight or
14combination weight in pounds according to the following
15table:

16 

17 

18Class

[Registered

Gross or Combination

Weight in Pounds

 

 

Fee

191

5,000 or less

$ 58.50

202

5,001 - 7,000

81.00

213

7,001 - 9,000

153.00

224A

9,001 - 10,000

198.00

234B

10,001 - 11,000

198.00

245

11,001 - 14,000

243.00

256

14,001 - 17,000

288.00

267

17,001 - 21,000

355.50

278

21,001 - 26,000

405.00

289

26,001 - 30,000

472.50

2910

30,001 - 33,000

567.00

3011

33,001 - 36,000

621.00

112

36,001 - 40,000

657.00

213

40,001 - 44,000

697.50

314

44,001 - 48,000

751.50

415

48,001 - 52,000

828.00

516

52,001 - 56,000

882.00

617

56,001 - 60,000

999.00

718

60,001 - 64,000

1,111.50

819

64,001 - 68,000

1,165.50

920

68,001 - 73,280

1,251.00

1021

73,281 - 76,000

1,597.50

1122

76,001 - 78,000

1,633.50

1223

78,001 - 78,500

1,651.50

1324

78,501 - 79,000

1,669.50

1425

79,001 - 80,000

1,687.50]

15 

16 

17 

18 

19Class

Registered

Gross or
Combination

Weight in
Pounds

 

Fiscal
year

2013-2014

 

Fiscal
year

2014-2015

Fees

Fiscal
year

2015-2016

 

Fiscal
year

2016-2017

201

21 

5,000 or
less

$63

$68

$73

$78

222

23 

5,001 -
7,000

88

94

101

108

243

25 

7,001 -
9,000

166

178

191

203

264A

27 

9,001 -
10,000

214

231

247

263

284B

29 

10,001 -
11,000

214

231

247

263

305

 

1 

11,001 -




14,000

263

283

303

323

26

3 

14,001 -
17,000

312

336

359

383

47

5 

17,001 -
21,000

385

414

443

473

68

7 

21,001 -
26,000

438

472

505

539

89

9 

26,001 -
30,000

511

550

589

628

1010

11 

30,001 -
33,000

614

661

707

754

1211

13 

33,001 -
36,000

672

723

775

826

1412

15 

36,001 -
40,000

711

765

820

874

1613

17 

40,001 -
44,000

755

813

870

928

1814

19 

44,001 -
48,000

813

875

937

999

2015

21 

48,001 -
52,000

896

965

1,033

1,101

2216

23 

52,001 -
56,000

955

1,028

1,100

1,173

2417

25 

56,001 -
60,000

1,081

1,164

1,246

1,329

2618

27 

60,001 -
64,000

1,203

1,295

1,387

1,487

2819

29 

64,001 -
68,000

1,262

1,358

1,454

1,550

3020

 

1 

68,001 -




73,280

1,354

1,457

1,561

1,664

221

3 

73,281 -
76,000

1,729

1,861

1,993

2,125

422

5 

76,001 -
78,000

1,768

1,903

2,038

2,173

623

7 

78,001 -
78,500

1,788

1,924

2,060

2,196

824

9 

78,501 -
79,000

1,807

1,945

2,083

2,220

1025

11 

79,001 -
80,000

1,827

1,966

2,105

2,244

12(2) A portion of the registration fee for any truck or
13truck tractor in Classes 9 through 25 shall be deposited in
14the Highway Bridge Improvement Restricted Account within the
15Motor License Fund according to the following table:

16 

17 

18Classes

Amount Deposited in

Highway Bridge Improvement

Restricted Account

199-12

$ 72

2013-17

108

2118-20

144

2221-25

180

23* * *

24§ 1917. Motor buses and limousines.

25The annual fee for registration of a motor bus or a limousine
26shall be determined by its seating capacity according to the
27following table:

28Seating Capacity

Fee

2926 or less

$ [9] 12 per seat

3027 - 51

 

1 

[234] 336 plus [$11.25] $16 per




seat in excess of 26

252 or more

[540] 775

3§ 1918. School buses and school vehicles.

4The annual fee for registration of a school bus or school
5vehicle shall be [$24] $91.

6§ 1920. Trailers.

7(a) General rule.--The annual fee for registration of a
8trailer shall be determined by its registered gross weight
9according to the following table:

10Registered Gross

11Weight in Pounds

 

Fee

123,000 or less

$ [6] 23

133,001 - 10,000

[12] 46

1410,001 or more

[27] 103

15(b) Optional five-year registration.--A trailer with a
16registered gross weight of 10,000 pounds or less may be
17registered for a period of five years upon payment by the
18registrant of the applicable fee for such period.

19(c) Optional permanent registration.--A trailer with a
20registered gross weight of 10,001 or more pounds may be
21registered for a one-time fee of [$135] $194 in lieu of the
22annual fee at the option of the registrant.

23§ 1921. Special mobile equipment.

24The annual fee for registration of special mobile equipment
25shall be [$36] $52.

26§ 1922. Implements of husbandry.

27The annual fee for registration of an implement of husbandry
28not exempt from registration under this title shall be [$18]
29$26.

30§ 1923. Antique, classic and collectible vehicles.

1The fee for registration of an antique, classic or
2collectible motor vehicle shall be [$75] $108.

3Section 19. Section 1924 of Title 75, amended October 24,
42012 (P.L.1407, No.174), is amended to read:

5§ 1924. Farm vehicles.

6(a) General rule.--The annual fee for registration of a farm
7vehicle shall be [$76.50] $110 or one-third of the regular fee,
8whichever is greater.

9(b) Certificate of exemption.--The biennial processing fee
10for a certificate of exemption issued in lieu of registration of
11a farm vehicle shall be determined by the type of certificate
12issued and the gross weight or combination weight or weight
13rating according to the following table:

14Certificate type

Weight in pounds

Fee

15Type A

10,000 or less

$24

16Type B

17

greater than 10,000 and not
exceeding 17,000

24

18Type C

greater than 17,000

50

19Type D

greater than 17,000

100

20Section 20. Sections 1925, 1926(a), (b) and (c), 1926.1,
211927, 1928, 1929, 1930, 1931, 1931.1, 1932, 1933 and 1942(a) of
22Title 75 are amended to read:

23§ 1925. Ambulances, taxis and hearses.

24The annual fee for registration of an ambulance, taxi or
25hearse shall be [$54] $77.

26§ 1926. Dealers and miscellaneous motor vehicle business.

27(a) General rule.--The annual fee for a dealer registration
28plate or miscellaneous motor vehicle business plate shall be
29[$36] $52.

30(b) Motorcycle dealers.--The annual fee for each dealer

1registration plate issued to a motorcycle dealer other than a
2motor-driven cycle dealer shall be [$18] $26.

3(c) Motor-driven cycle dealers.--The annual fee for each
4dealer registration plate issued to a motor-driven cycle dealer
5shall be [$9] $13.

6* * *

7§ 1926.1. Farm equipment vehicle dealers.

8The annual fee for registration of a farm equipment dealer
9truck or truck tractor shall be one-half of the regular fee or
10[$243] $349, whichever is greater.

11§ 1927. Transfer of registration.

12The fee for transfer of registration shall be [$6] $9.

13§ 1928. Temporary and electronically issued registration
14plates.

15The fee payable by a dealer or other dispensing agent for a
16temporary registration plate or for a registration plate to be
17issued for new registration processed electronically with the
18department shall be [$5] $14. The charge of the agent for
19providing an applicant with a plate under this section shall not
20exceed a total of [$10] $14.

21§ 1929. Replacement registration plates.

22The fee for a replacement registration plate other than a
23legislative or personal plate shall be [$7.50] $11.

24§ 1930. Legislative registration plates.

25The fee for issuance of a legislative registration plate
26shall be [$20] $76 which shall be in addition to the annual
27registration fee. Only one payment of the issuance fee shall be
28charged for each legislative registration plate issued or
29replaced.

30§ 1931. Personal registration plates.

1The fee for issuance of a personal registration plate shall
2be [$20] $76 which shall be in addition to the annual
3registration fee. Only one payment of the issuance fee shall be
4charged for each personal registration issued or replaced.

5§ 1931.1. Street rod registration plates.

6The fee for the issuance of a street rod registration plate
7shall be [$20] $51 which shall be in addition to the annual
8registration fee. Only one payment of the issuance fee shall be
9charged for each street rod registration plate issued or
10replaced.

11§ 1932. Duplicate registration cards.

12The fee for each duplicate registration card when ordered at
13the time of vehicle registration, the transfer or renewal of
14registration or the replacement of a registration plate shall be
15[$1.50] $2. The fee for each duplicate registration card issued
16at any other time shall be [$4.50] $6.

17§ 1933. Commercial implements of husbandry.

18The annual fee for registration of a commercial implement of
19husbandry shall be [$76.50] $110 or one-half of the regular fee,
20whichever is greater.

21§ 1942. Special hauling permits as to weight and size.

22(a) Fee schedule.--The fee for a special hauling permit for
23each movement of an overweight or oversize vehicle or load, or
24both, shall be as follows:

25(1) Oversize vehicle or load, or both, having a width up
26to 14 feet and not exceeding legal weight limit, [$25] $35.

27(2) Oversize vehicle or load, or both, having a width
28exceeding 14 feet and not exceeding any legal weight limit,
29[$50] $71.

30(3) Vehicle and load weighing in excess of legal weight

1limit, [3¢] per mile per ton by which the gross weight
2exceeds the registered gross weight.

3* * *

4Section 21. Section 1943 of Title 75, amended October 24,
52012 (P.L.1473, No.187), is amended to read:

6§ 1943. Annual hauling permits.

7(a) Quarry equipment and machinery.--The annual fee for
8operation or movement of each piece of heavy quarry equipment or
9machinery, as provided for in section 4966 (relating to permit
10for movement of quarry equipment), shall be [$500] $706.

11(c) Course of manufacture.--The annual fee for operation or
12movement of loads or vehicles, as provided for in section 4968
13(relating to permit for movement during course of manufacture),
14shall be as follows:

15(1) Oversized movements:

16(i) Movements limited to daylight hours only -
17[$100] $130.

18(ii) Movements that can be conducted 24 hours per
19day - [$1,000] $1,300.

20(2) Overweight movements:

21(i) Movements not exceeding 100,000 pounds gross
22weight:

23(A) Not more than one mile in distance - [$50]
24$69.

25(B) More than one mile in distance - [$400]
26$750.

27(ii) Movements in excess of 100,000 pounds gross
28weight - [$500] $756, plus [$100] $152 for each mile of
29highway authorized under the permit.

30(d) Multiple highway crossings.--The annual fee for a single

1permit for multiple highway crossings, as provided for in
2section 4965 (relating to single permits for multiple highway
3crossings), shall be [$300] $415.

4(e.1) Special mobile equipment.--The annual fee for hauling
5or towing each piece of special mobile equipment, as provided
6for in section 4975 (relating to permit for movement of special
7mobile equipment), shall be [$200] $300.

8(f) Containerized cargo.--The annual company fee for
9movement of any combination with overweight containerized cargo
10as provided for in section 4974 (relating to permit for movement
11of containerized cargo) shall be:

12(1) [$100] $155 for a motor carrier requesting permits
13for up to 15 truck tractors.

14(2) [$150] $233 for a motor carrier requesting permits
15for 16 to 50 truck tractors.

16(3) [$250] $388 for a motor carrier requesting permits
17for 51 to 100 truck tractors.

18(4) [$350] $544 for a motor carrier requesting permits
19for 101 to 150 truck tractors.

20(5) [$400] $622 for a motor carrier requesting permits
21for 151 or more truck tractors.

22(g) Domestic animal feed.--The annual fee for movement of
23each vehicle hauling domestic animal feed, in bulk, as provided
24for in section 4976 (relating to permit for movement of domestic
25animal feed) shall be [$400] $587.

26(g.1) Eggs.--The annual fee for movement of each vehicle
27hauling eggs as provided for in section 4976.2 (relating to
28permit for movement of eggs) shall be $400.

29(h) Movement of wooden structures.--The annual fee for
30movement of wooden structures as provided for in section 4977

1(relating to permit for movement of wooden structures) shall be
2[$1,000] $1,468.

3(i) Live domestic animals.--The annual permit fee for each
4truck tractor authorized to transport live domestic animals, as
5provided in section 4976.1 (relating to permit for movement of
6live domestic animals), shall be [$400] $520.

7(j) Building structural components.--The permit fee for each
8truck tractor authorized to transport building structural
9components, as provided in section 4978 (relating to permit for
10movement of building structural components), shall be [$100]
11$141 for each month the permit is valid.

12(k) Utility construction equipment.--The permit fee for
13utility construction equipment, as provided for in section
144970(a) (relating to permit for movement of construction
15equipment), shall be [$100] $141 for each month the permit is
16valid.

17(l) Particleboard or fiberboard.--The annual fee for
18movement of particleboard or fiberboard, as provided for in
19section 4979 (relating to permit for movement of particleboard
20or fiberboard used for the manufacture of ready-to-assemble
21furniture), shall be [$800] $1,130.

22(m) Bulk refined oil.--The annual fee for movement of bulk
23refined oil, as provided for in section 4979.1 (relating to
24permit for movement of bulk refined oil), shall be:

25(1) [$800] $1,130 for a distance up to 50 miles.

26(2) [$1,600] $1,670 for a distance of more than 50 miles
27up to 125 miles.

28(n) Waste coal and beneficial combustion ash.--The annual
29fee for the movement of waste coal and beneficial combustion
30ash, as provided for in section 4979.2 (relating to permit for

1movement of waste coal and beneficial combustion ash), shall be
2[$400] $565.

3(o) Float glass or flat glass.--The annual fee for the
4movement of float glass or flat glass, as provided for in
5section 4979.3 (relating to permit for movement of float glass
6or flat glass for use in construction and other end uses), shall
7be [$800] $1,209.

8(p) Self-propelled cranes.--The annual permit fee for each
9self-propelled crane, as provided for in section 4979.4
10(relating to permit for movement of self-propelled cranes),
11shall be as follows:

12(1) Cranes not exceeding 100,000 pounds gross weight,
13prorated up to a maximum of [$400] $553.

14(2) Cranes in excess of 100,000 pounds gross weight,
15prorated up to a maximum of [$100] $139 plus [$50] $69 for
16each mile of highway authorized under the permit.

17(q) Construction equipment.--The annual fee for the movement
18of construction equipment shall be [$400] $520.

19(q.1) Nonhazardous liquid glue.--The annual fee for the
20movement of nonhazardous liquid glue, as provided for in section
214979.5 (relating to permit for movement of nonhazardous liquid
22glue), shall be [$800] $1,000.

23(q.2) Waste tires.--The annual fee for the movement of waste
24tires under section 4979.6 (relating to permit for movement of
25waste tires) shall be [$800] $845.

26(r) Excess damage permit.--The annual fee for excess damage
27permits, as provided for in section 4961(d) (relating to
28authority to issue permits), shall be [$500] $640 to cover the
29costs of administering the permit and inspections of the
30involved highway.

1Section 22. Sections 1944, 1945(b), 1947, 1951, 1952, 1953,
21955(a), 1956, 1957, 1958(a), 1959, 1960 and 1961 of Title 75
3are amended to read:

4§ 1944. Mobile homes, modular housing units and modular housing
5undercarriages.

6The fee for a special hauling permit for a mobile home,
7modular housing unit or modular housing undercarriage which
8exceeds the maximum size prescribed in this title but which does
9not exceed 14 feet in body width shall be [$25] $39. The fee for
10a special hauling permit for a mobile home or modular housing
11unit, as provided in section 4973 (relating to permits for
12movement of a mobile home or a modular housing unit and modular
13housing undercarriage), shall be [$50] $76.

14§ 1945. Books of permits.

15* * *

16(b) Penalty.--Any person violating any of the provisions of
17this section is guilty of a summary offense and shall, upon
18conviction, be sentenced to pay a fine of [$500] $1,000.

19§ 1947. Refund of certain fees.

20The portion of the fee of an unused overweight permit based
21on ton-miles or the fee for an unused escort, or both, may be
22refunded upon payment of a processing fee of [$10] $38.

23§ 1951. Driver's license and learner's permit.

24(a) Driver's license.--The driver's license fee [for each
25year or partial year] shall be [$5.25] $7 plus the cost of the
26photograph required in section 1510(a) (relating to issuance and
27content of driver's license).

28(a.1) Senior citizen.--The driver's license fee for each
29year or partial year for a senior citizen 65 years of age and
30older shall be $5.25 plus the cost of the photograph required

1under section 1510(a) (relating to issuance and content of
2driver's license).

3(b) Learner's permit.--The fee for a learner's permit shall
4be [$5] $19.

5(c) Identification card.--The [fee for an] identification
6card fee shall be [$5] $19 plus the cost of the photograph.

7(d) Replacement license or card.--The fee for a replacement
8driver's license or identification card shall be [$5] $19 plus
9the cost of the photograph.

10§ 1952. Certificate of title.

11(a) General rule.--The fee for issuance of a certificate of
12title shall be [$22.50] $33.

13(b) Manufacturer's or dealer's notification.--The fee for a
14manufacturer's or dealer's notification of acquisition of a
15vehicle from another manufacturer or dealer for resale pursuant
16to section 1113 (relating to transfer to or from manufacturer or
17dealer) shall be [$3] $4.

18§ 1953. Security interest.

19The fee for recording or changing the amount of security
20interest on a certificate of title shall be [$5] $19.

21§ 1955. Information concerning drivers and vehicles.

22(a) Drivers, registrations, titles and security interests.--
23The fee for a copy of written or electronic information relating
24to a driver, registration, title or security interest shall be
25[$5] $14.

26* * *

27§ 1956. Certified copies of records.

28(a) Department records.--The fee for a certified copy of any
29department record which the department is authorized by law to
30furnish to the public shall be [$5] $19 for each form or

1supporting document comprising such record.

2(b) State Police reports.--The fee for a certified
3Pennsylvania State Police record of investigation of a vehicle
4accident which the Pennsylvania State Police are authorized by
5this title to furnish to the public shall be [$5] $19 for each
6copy of the Pennsylvania State Police full report of
7investigation.

8§ 1957. Uncollectible checks.

9Whenever any check issued in payment of any fee or for any
10other purpose is returned to the department as uncollectible,
11the department or municipality shall charge a fee of [$10] $38
12for each driver's license, registration, replacement of tags,
13transfer of registration, certificate of title, whether original
14or duplicate, special hauling permit and each other unit of
15issue by the department or municipality, plus all protest fees,
16to the person presenting the check, to cover the cost of
17collection.

18§ 1958. Certificate of inspection.

19(a) General rule.--The department shall charge [$2] $5 for
20each annual certificate of inspection [and $1], $2 for each
21semiannual certificate of inspection and $2 for each certificate
22of exemption.

23§ 1959. Messenger service.

24(a) Annual registration.--The annual fee for registration of
25a messenger service as provided for in Chapter 75 (relating to
26messenger service) shall be [$50] $192.

27(b) Additional places of business.--The annual fee for
28registration of additional place of business or branch office
29from which a messenger service may transact business shall be
30[$25] $95.

1(c) Transfer of location.--The fee for the transfer of
2location of a registered place of business or branch office of a
3messenger service during a period of registration shall be [$5]
4$19.

5§ 1960. Reinstatement of operating privilege or vehicle
6registration.

7The department shall charge a fee of [$25] $70 or, if section
81379 (relating to suspension of registration upon sixth unpaid
9parking violation in cities of the first class) or 1786(d)
10(relating to required financial responsibility) applies, a fee
11of [$50] $88 to restore a person's operating privilege or the
12registration of a vehicle following a suspension or revocation.

13§ 1961. Secure power of attorney.

14The fee for processing a secure power of attorney submitted
15for the purpose of odometer disclosure when not accompanied by
16an application for title shall be [$15] $23.

17§ 2102. Identification markers and license or road tax
18registration card required.

19* * *

20(b) Fee.--The fee for issuance of identification markers
21shall be [$5] $12 per vehicle.

22* * *

23(d) Operation without identification markers unlawful.--
24Except as provided in paragraphs (2) and (3), it shall be
25unlawful to operate or to cause to be operated in this
26Commonwealth any qualified motor vehicle unless the vehicle
27bears the identification markers required by this section or
28valid and unrevoked IFTA identification markers issued by
29another IFTA jurisdiction.

30(1) The Secretary of Revenue may by regulation exempt

1from the requirement to display the identification markers
2those qualified motor vehicles which in his opinion are
3clearly identifiable such that effective enforcement of this
4chapter will not suffer thereby.

5(2) For a period not exceeding 30 days as to any one
6motor carrier, the Secretary of Revenue by letter or telegram
7may authorize the operation of a qualified motor vehicle or
8vehicles without the identification markers required when
9both the following are applicable:

10(i) enforcement of this section for that period
11would cause undue delay and hardship in the operation of
12such qualified motor vehicle; and

13(ii) the motor carrier is registered and/or licensed
14for the motor carriers road tax with the Department of
15Revenue or has filed an application therefor with the
16Department of Revenue:

17(A) The fee for such temporary permits shall be
18[$5] $7 for each qualified motor vehicle which shall
19be deposited in the Highway Bridge Improvement
20Restricted Account within the Motor License Fund.

21(B) Conditions for the issuance of such permits
22shall be set forth in regulations promulgated by the
23Department of Revenue.

24(C) A temporary permit issued by another IFTA
25jurisdiction under authority similar to this
26paragraph shall be accorded the same effect as a
27temporary permit issued under this paragraph.

28(3) A motor carrier may, in lieu of paying the tax
29imposed and filing the tax report required by Chapter 96 and
30in lieu of complying with any other provisions of this

1section that would otherwise be applicable as a result of the
2operation of a particular qualified motor vehicle, obtain
3from the Department of Revenue a trip permit authorizing the
4carrier to operate the qualified motor vehicle for a period
5of five consecutive days. The Department of Revenue shall
6specify the beginning and ending days on the face of the
7permit. The fee for a trip permit for each qualified motor
8vehicle is [$50] $73 which shall be deposited in the Highway
9Bridge Improvement Restricted Account within the Motor
10License Fund. The report otherwise required under Chapter 96
11is not required with respect to a vehicle for which a trip
12permit has been issued under this subsection.

13* * *

14Section 23. Section 3111 of Title 75 is amended by adding a
15subsection to read:

16§ 3111. Obedience to traffic-control devices.

17* * *

18(a.1) Penalty.--

19(1) A person who violates this section commits a summary
20offense and shall, upon conviction, pay a fine of not less
21than $100 nor more than $300.

22(2) Notwithstanding 42 Pa.C.S. § 3733(a) (relating to
23deposits into account), a fine under paragraph (1) shall be
24distributed as follows:

25(i) Twenty-five dollars shall be deposited as
26provided under 42 Pa.C.S. § 3733(a).

27(ii) After deposit of the amount under subparagraph
28(i), the remaining portion of the fine shall be deposited
29into the Public Transportation Trust Fund.

30* * *

1Section 23.1. Section 6110(b) of Title 75 is amended to
2read:

3§ 6110. Regulation of traffic on Pennsylvania Turnpike.

4* * *

5(b) Penalties.--

6(1) Except as otherwise provided in this subsection, any
7person violating any of the rules and regulations of the
8Pennsylvania Turnpike Commission for which no penalty has
9otherwise been provided by statute commits a summary offense
10and shall, upon conviction, be sentenced to pay a fine of
11$25.

12(2) Any person violating any of the rules and
13regulations of the commission prohibiting fare evasion or
14attempted fare evasion commits a summary offense and shall,
15upon conviction for the first time, be sentenced to pay a
16fine according to the classification by the commission of the
17vehicle driven by that person at the time of violation as
18follows:

19(i) Class 1 through 2: [$100] $200.

20(ii) Class 3 through 6: [$500] $2,500.

21(iii) Class 7 and higher: [$1,000] $5,000.

22(3) In addition to the fines imposed under this
23subsection, restitution shall be made to the commission in an
24amount equal to the full fare, for the appropriate vehicle
25class, from the farthest point of entry on the turnpike to
26the actual point of exit.

27(3.1) (i) A person who, while traveling upon the
28Pennsylvania Turnpike or a road under its control, takes
29an affirmative action in an attempt to evade tolls
30commits a misdemeanor of the third degree, and shall,

1upon conviction, be sentenced to pay a fine of $6,500 and
2to undergo imprisonment for not less than 60 days. For
3the purposes of this subsection, affirmative action shall
4include any of the following:

5(A) Removal of license plates from the vehicle
6to impede electronic toll collection.

7(B) Installation of a mechanism that rotates,
8changes, blocks or otherwise mechanically alters the
9ability of a license plate to be read by a violation
10enforcement system as defined under 74 Pa.C.S. § 8102
11(relating to definitions).

12(C) Installation of a mechanical apparatus upon
13the vehicle that serves the sole purpose of masking,
14hiding or manipulating the true weight of the vehicle
15as it appears to a mechanical scale.

16(D) Conspiring with an individual or group of
17individuals in an attempt to alter, lower or evade
18payment of correct tolls.

19(E) Unauthorized use of Pennsylvania Turnpike
20private gate access or otherwise unauthorized
21movement entering or exiting the turnpike other than
22at approved interchanges.

23(F) Any other action taken for the purpose of
24evading the payment of a toll.

25(ii) A violation of this paragraph may not preclude
26prosecution under section 1332 (relating to display of
27registration plate), section 7122 (relating to altered,
28forged or counterfeit documents and plates) or section
297124 (relating to fraudulent use or removal of
30registration plate).

1Section 24. Section 6506(a) of Title 75 is amended by adding
2a paragraph and the section is amended by adding a subsection to
3read:

4§ 6506. Surcharge.

5(a) Levy and imposition.--In addition to any fines, fees or
6penalties levied or imposed as provided by law, under this title
7or any other statute, a surcharge shall be levied for
8disposition in accordance with subsection (b) as follows:

9* * *

10(10) Notwithstanding 42 Pa.C.S. § 3733(a) (relating to
11deposits into account), in addition to any other surcharge
12imposed under this section, upon conviction for a violation
13of Chapter 11 (relating to certificate of title and security
14interests), 13 (relating to registration of vehicles), 15
15(relating to licensing of drivers), 16 (relating to
16commercial drivers), 17 (relating to financial
17responsibility), 19 (relating to fees), 21 (relating to motor
18carriers road tax identification markers), 31 (relating to
19general provisions), 33 (relating to rules of the road in
20general), 35 (relating to special vehicles and pedestrians),
2137 (relating to miscellaneous provisions), 38 (relating to
22driving after imbibing alcohol or utilizing drugs), 41
23(relating to equipment standards), 43 (relating to lighting
24equipment), 45 (relating to other required equipment), 47
25(relating to inspection of vehicles), 49 (relating to size,
26weight and load), 61 (relating to powers of department and
27local authorities), 63 (relating to enforcement), 65
28(relating to penalties and disposition of fines), 71
29(relating to vehicle theft and related provisions), 73
30(relating to abandoned vehicles and cargos), 75 (relating to

1messenger service), 77 (relating to snowmobiles and all-
2terrain vehicles), 83 (relating to hazardous materials
3transportation), 90 (relating to liquid fuels and fuels tax),
494 (relating to liquid fuels and fuel use tax enforcement) or
596 (relating to motor carriers road tax), a surcharge of
6$100.

7* * *

8(a.1) Deposit of surcharge.--The surcharge levied and
9collected under subsection (a)(10) shall be deposited into the
10Public Transportation Trust Fund.

11Section 25. Section 7715.2(a) of Title 75 is amended to
12read:

13§ 7715.2. Fees.

14(a) Fees.--Except as provided in subsection (b), the
15department shall collect the following fees:

16(1) Certificate of title, [$22.50] $29.

17(2) Expiration sticker, [$20] $26.

18(2.1) Vintage snowmobile permit, $20.

19(3) Dealer registration, $25.

20(4) Replacement, due to loss or damage, of registration
21certificate, limited registration certificate, registration
22decal, registration plate, expiration sticker or vintage
23snowmobile permit, [$5] $7.

24(5) Transfer of registration pursuant to section 7711.1
25(relating to registration of snowmobile or ATV), [$5] $7.

26(6) Recording the name of a secured party on a
27certificate of title, [$5] $7.

28* * *

29Section 26. The definition of "annual additional payments,"
30"annual base payments" and "scheduled annual commission

1contributions" in section 8901 of Title 75 are amended to read:

2§ 8901. Definitions.

3The following words and phrases when used in this chapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Annual additional payments." As follows:

7(1) During the conversion period and after the
8conversion date, an amount equal to the scheduled annual
9commission contribution, minus the sum of:

10(i) $200,000,000 paid as annual base payments;

11(ii) any Interstate 80 savings for that fiscal year.

12(2) If the conversion period has expired and a
13conversion notice has not been received by the secretary, in
14each subsequent fiscal year [until the end of the term of the
15lease agreement] through fiscal year 2020-2021, the annual
16additional payments shall be $250,000,000. No annual
17additional payments shall be due after fiscal year 2020-2021.

18"Annual base payments." An amount equal to the sum of the
19following:

20(1) Annual debt service on outstanding bonds issued
21under section 9511.2 (relating to special revenue bonds)
22payable as required pursuant to the bonds.

23(2) Two hundred million dollars payable annually through
24fiscal year 2020-2021 in four equal installments each due the
25last business day of each July, October, January and April.
26No annual base payments shall be due after fiscal year 2020-
272021.

28* * *

29"Scheduled annual commission contribution." The following
30amounts:

1(1) $750,000,000 in fiscal year 2007-2008.

2(2) $850,000,000 in fiscal year 2008-2009.

3(3) $900,000,000 in fiscal year 2009-2010.

4(4) For fiscal year 2010-2011 and each fiscal year
5thereafter through fiscal year 2020-2021, the amount shall be
6the amount calculated for the previous year increased by
72.5%, except that the amount shall be equal to the annual
8base payments plus $250,000,000 if the conversion notice is
9not received by the secretary prior to the expiration of the
10conversion period. No scheduled annual commission
11contribution shall be due after fiscal year 2020-2021.

12Section 27. Section 8915.6(a) and (b)(1) of Title 75 are
13amended to read:

14§ 8915.6. Deposit and distribution of funds.

15(a) Deposits.--Upon receipt by the department, the following
16amounts from the scheduled annual commission contribution shall
17be deposited in the Motor License Fund:

18(1) For fiscal year [2007-2008, $450,000,000] 2013-2014,
19$145,000,000.

20(2) For fiscal year [2008-2009, $500,000,000] 2014-2015,
21$145,000,000.

22(3) For fiscal year [2009-2010, $500,000,000] 2015-2016,
23$90,000,000.

24(3.1) For fiscal year 2016-2017, $90,000,000.

25(4) For fiscal year [2010-2011] 2017-2018 and each
26fiscal year thereafter, [the amount calculated for the
27previous year increased by 2.5%.] $35,000,000.

28(5) If, by July 1, 2021, legislation is not enacted to
29replace the revenue distributed from the fund under
30subsection (b)(2) and (3), in fiscal year 2021-2022 and in

1each fiscal year thereafter, the following shall apply:

2(i) An amount equal to that revenue shall be
3deposited in the fund.

4(ii) Notwithstanding any other provision of law,
5the source of the revenue deposited in the fund under
6this paragraph shall be the receipts from the tax
7collected under section 238 of the act of March 4, 1971
8(P.L.6, No.2), known as the Tax Reform Code of 1971, on
9motor vehicles, trailers and semi-trailers.

10(b) Distribution.--The following shall apply:

11[(1) Annually, 15% of the amount deposited in any fiscal
12year under subsection (a) shall be distributed at the
13discretion of the secretary.]

14* * *

15Section 28. The definition of "average wholesale price" in
16section 9002 of Title 75 is amended to read:

17§ 9002. Definitions.

18The following words and phrases when used in this chapter
19shall have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21* * *

22"Average wholesale price." The average wholesale price per
23gallon of all taxable liquid fuels and fuels, excluding the
24Federal excise tax and all liquid fuels taxes, as determined by
25the Department of Revenue for the 12-month period ending on the
26September 30 immediately prior to January 1 of the year for
27which the rate is to be set[. In] except as follows:

28(1) For the period beginning July 1, 2013, and ending
29December 31, 2013, the average wholesale price shall be
30$1.87.

1(2) For the period beginning January 1, 2014, and ending
2December 31, 2014, the average wholesale price shall be
3$2.49.

4(3) For the period beginning January 1, 2015, and ending
5December 31, 2015, the average wholesale price shall be
6$3.11.

7(4) Beginning January 1, 2016, in no case shall the
8average wholesale price be less than [90¢ nor more than
9$1.25] $2.49 per gallon.

10* * *

11Section 29. Sections 9004(a), 9106(b) and 9502(a) of Title 
1275 are amended to read:

13§ 9004. Imposition of tax, exemptions and deductions.

14(a) Liquid fuels and fuels tax.--A [permanent State tax of
1512¢ a gallon or fractional part thereof] State tax is imposed
16and assessed upon all liquid fuels and fuels used or sold and
17delivered by distributors within this Commonwealth[.] as
18follows:

19(1) Eleven cents a gallon or fractional part thereof
20from July 1, 2013, until June 30, 2014.

21(2) Ten cents a gallon or fractional part thereof from
22July 1, 2014, until June 30, 2015.

23(3) Twelve cents a gallon or fractional part thereof
24beginning July 1, 2015, and thereafter.

25* * *

26§ 9106. Dirt and gravel road maintenance.

27* * *

28(b) General rule.--Of the funds available under section
299502(a)(1) (relating to imposition of tax), [$1,000,000]
30$7,000,000 shall be annually distributed to the Department of

1Conservation and Natural Resources for the maintenance and
2mitigation of dust and sediment pollution from forestry roads.
3Funds in the amount of [$4,000,000] $28,000,000 shall be
4appropriated annually to the State Conservation Commission and
5administered in a nonlapsing, nontransferable account restricted
6to maintenance and improvement of dirt and gravel roads. The
7State Conservation Commission shall apportion the funds based on
8written criteria it develops to establish priorities based on
9preventing dust and sediment pollution. In the first fiscal
10year, top priority shall be given to specific trouble spot
11locations already mapped by the Task Force on Dirt and Gravel
12Roads and available from the department.

13* * *

14§ 9502. Imposition of tax.

15(a) General rule.--

16(1) An "oil company franchise tax for highway 
17maintenance and construction" which shall be an excise tax of 
1860 mills is hereby imposed upon all liquid fuels and fuels as 
19defined and provided in Chapter 90 (relating to liquid fuels 
20and fuels tax), and such tax shall be collected as provided 
21in section 9004(b) (relating to imposition of tax, exemptions 
22and deductions). Of the amount collected in fiscal year 2015-
232016, and each fiscal year thereafter, at the discretion of 
24the secretary, a minimum of $20,000,000 and a maximum of 
25$35,000,000 shall be deposited in the Multimodal 
26Transportation Fund established under 74 Pa.C.S. § 2101 
27(relating to Multimodal Transportation Fund), to be expended 
28in accordance with section 11 of Article VIII of the 
29Constitution of Pennsylvania.

30(2) An additional 55 mills is hereby imposed on all

1liquid fuels and fuels as defined and provided in Chapter 90
2and such tax shall also be collected as provided in section
39004(b), the proceeds of which shall be distributed as
4follows:

5(i) [Forty-two] Twenty-nine percent to county
6maintenance districts for highway maintenance for fiscal
7year 2013-2014 and 19% for fiscal year 2014-2015 and each
8year thereafter. This allocation shall be made according
9to the formula provided in section 9102(b)(2) (relating
10to distribution of State highway maintenance funds). This
11allocation shall be made in addition to and not a
12replacement for amounts normally distributed to county
13maintenance districts under section 9102.

14(ii) [Seventeen] Thirty percent for highway capital
15projects[.] for fiscal year 2013-2014 and 40% for fiscal
16year 2014-2015 and each year thereafter.

17(iii) Thirteen percent for bridges.

18(iv) Two percent for bridges identified as county or
19forestry bridges.

20(v) Twelve percent for local roads pursuant to
21section 9511(c) (relating to basic allocation to
22municipalities).

23(vi) Fourteen percent for toll roads designated
24pursuant to the act of September 30, 1985 (P.L.240, 
25No.61), known as the Turnpike Organization, Extension and
26Toll Road Conversion Act, to be appropriated under
27section 9511(h).

28(3) An additional 38.5 mills is hereby imposed upon all
29liquid fuels and fuels as defined and provided in Chapter 90,
30and such tax shall also be collected as provided in section

19004(b), the proceeds of which shall be deposited in The
2Motor License Fund and distributed as follows:

3(i) Twelve percent to municipalities on the basis of
4and subject to the provisions of the act of June 1, 1956 
5(1955 P.L.1944, No.655), referred to as the Liquid Fuels
6Tax Municipal Allocation Law, is appropriated.

7(ii) [Eighty-eight percent to the department is
8appropriated as follows:

9(A) Forty-seven percent for distribution in
10accordance with section 9102(b)(2) for fiscal year
111997-1998.

12(B) Fifty-three percent for a Statewide highway
13restoration, betterment and resurfacing program for
14fiscal year 1997-1998.

15(C) Fifty-seven percent for distribution in
16accordance with section 9102(b)(2) for fiscal year
171998-1999.

18(D) Forty-three percent for a Statewide highway
19restoration, betterment and resurfacing program for
20fiscal year 1998-1999.

21(E) Sixty-seven percent for distribution in
22accordance with section 9102(b)(2) for fiscal year
231999-2000.

24(F) Thirty-three percent for a Statewide highway
25restoration, betterment and resurfacing program for
26fiscal year 1999-2000.

27(G) Seventy-seven percent for distribution in
28accordance with section 9201(b)(2) for fiscal year
292000-2001.

30(H) Twenty-three percent for a Statewide highway

1restoration, betterment and resurfacing program for
2fiscal year 2000-2001.

3(I) One hundred percent for distribution in
4accordance with section 9102(b)(2) for fiscal year
52001-2002 and each year thereafter.

6(J) For any fiscal year beginning with 1997-1998
7through and including fiscal year 2000-2001, the