SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARKOSEK, GEIST, BELFANTI, BOYD, BRENNAN, DALEY, J. EVANS, HARPER, HESS, HICKERNELL, KORTZ, McCALL, MOUL, REICHLEY, SCAVELLO, SIPTROTH, K. SMITH, VULAKOVICH, WALKO, WATSON, PASHINSKI, SHAPIRO, LENTZ, MURT, DALLY, MILNE AND BRADFORD, JANUARY 26, 2009

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 24, 2010   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, defining "interactive wireless communications

device"; further providing for junior driver's license, for

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learners' permits and for suspension of operating privilege;

prohibiting interactive wireless communications devices; and

further providing for duty of driver in construction and

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maintenance areas or on highway safety corridors, for duty of

driver in emergency response areas, for accident report

forms, for department to compile, tabulate and analyze

accident reports, for television equipment, for general

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requirements for other vehicles transporting school children

and for restraint systems, for the offense of careless

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driving, for applicability and uniformity of law and for

disposition and use of liquid fuels and fuels tax.

The General Assembly of the Commonwealth of Pennsylvania

declares that the part of this act that limits the number of

passengers a junior driver may transport in a motor vehicle at

one time may be referred to as Lacey's Law in honor of Lacey

Gallagher.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Interactive wireless communications communication device."  

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Any wireless electronic communications device that provides for

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voice or data communication between two or more parties,

including, but not limited to, a mobile or cellular telephone, a

text messaging device, a personal digital assistant that sends

or receives messages or a laptop computer. The term does not

include:

(1)  an amateur radio;

(2)  a citizens band radio;

(3)  a two-way radio communication device; or

(4)  a communication device that is affixed to a mass

transit vehicle, bus or school bus. A wireless telephone,

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personal digital assistant, smart phone, portable or mobile

computer or similar device which can be used for voice

communication, texting, e-mailing, browsing the Internet or

instant messaging. The term does not include any of the

following:

(1)  a device being used exclusively as a global

positioning or navigation system;

(2)  a system or device that is physically or

electronically integrated into the vehicle; or

(3)  a communication device that is affixed to a mass

transit vehicle, bus or school bus.

* * *

Section 2.  Sections 1503(c), 1505(e) and 1538(e) of Title 75

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are amended to read:

§ 1503.  Persons ineligible for licensing; license issuance to

minors; junior driver's license.

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(c)  Junior driver's license.--The department may issue a

junior driver's license to a person 16 or 17 years of age under

rules and regulations adopted by the department and subject to

the provisions of this section. A junior driver's license shall

automatically become a regular driver's license when the junior

driver attains 18 years of age.

(1)  Except as provided in paragraph (2), no licensed

junior driver shall drive a vehicle upon a public highway

between 11 p.m. and 5 a.m. unless accompanied by a spouse 18

years of age or older, a parent or a person in loco parentis.

(2)  A licensed junior driver conforming to the

requirements of section 1507 (relating to application for

driver's license or learner's permit by minor) may drive a

vehicle upon a public highway between 11 p.m. and 5 a.m.

between the junior driver's home and activity or employment

or in the course of the junior driver's activity or

employment if the junior driver is a member of a volunteer

fire company authorized by the fire chief to engage in

fighting fires, is engaged in public or charitable service or

is employed and is carrying an affidavit or certificate of

authorization signed by the junior driver's fire chief,

supervisor or employer indicating the probable schedule of

the junior driver's activities. Upon termination of the

junior driver's activity or employment, the junior driver

shall surrender the affidavit or certificate to the fire

chief, supervisor or employer. If the junior driver shall

fail to surrender the affidavit or certificate, the employer,

fire chief or supervisor shall immediately notify the

Pennsylvania State Police.

(2.1)  Except as set forth in paragraph (2.2), a junior

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driver may not drive a vehicle with more than one passenger

under 18 years of age.

(2.2)  With parental or in loco parentis approval, a

junior driver may drive a vehicle with passengers under 18

years of age who are siblings or relatives who live in the

same dwelling as the junior driver.

(2.1)  For the first six months after issuance of the

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junior driver's license, a junior driver shall not drive a

vehicle with more than one passenger under 18 years of age

who is not a member of the driver's immediate family unless

the junior driver is accompanied by a parent or legal

guardian. After the expiration of the first six months, a

junior driver shall not drive a vehicle with more than three

passengers under 18 years of age who are not members of the

driver's immediate family unless the junior driver is

accompanied by a parent or legal guardian. A junior driver

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shall not drive a vehicle with more than one passenger under

18 years of age who is not a member of the driver's immediate

family unless the junior driver is accompanied by a parent or

legal guardian if the junior driver has been involved in an

accident reportable under section 3746(a) (relating to

immediate notice of accident to police department) for which

the junior driver is partially or fully responsible in the

opinion of the department or has been convicted of any

violation of this title. For purposes of this subsection, a

junior driver's immediate family shall include brothers,

sisters, stepbrothers or stepsisters of the driver, including

adopted or foster children residing in the same household as

the junior driver.

(3)  In addition to the other provisions of this title

relating to the suspension or revocation of operating

privileges, in the event that a licensed junior driver is

involved in an accident reportable under section 3746(a) for

which the junior driver is partially or fully responsible in

the opinion of the department or is convicted of any

violation of this title, the department may suspend the

operating privileges of the junior driver until the junior

driver attains 18 years of age or for a period of time not

exceeding 90 days.

(4)  Any junior driver or other person violating any

provision of this subsection is guilty of a summary offense.

§ 1505.  Learners' permits.

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(e)  Authorization to test for driver's license and junior

driver's license.--A person with a learner's permit is

authorized to take the examination for a regular or junior

driver's license for the class of vehicle for which a permit is

held. Before a person under the age of 18 years may take the

examination for a junior driver's license, the minor must:

(1)  Have held a learner's permit for that class of

vehicle for a period of six months.

(2)  Present to the department a certification form

signed by the father, mother, guardian, person in loco

parentis or spouse of a married minor stating that the minor

applicant has completed [50] 65 hours of practical driving

experience, including no less than ten hours of nighttime

driving and five hours of inclement weather driving, 

accompanied as required under subsection (b). Submission of a

certification shall not subject the parent, guardian, person

in loco parentis or spouse of a married minor to any

liability based upon the certification.

(3)  Have the certification form completed when the minor

is ready for the licensing examination. The certification

form shall be developed by the department and will be

provided by the department when the original application for

a learner's permit is processed. The department will make

this form readily available through the mail or electronic

means.

* * *

§ 1538.  School, examination or hearing on accumulation of

points or excessive speeding.

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(e)  Additional suspension of operating privilege.--

(1)  In addition to any other provisions of law relating

to the suspension or revocation of operating privileges, a

person's operating privileges shall be suspended under any of

the following circumstances:

(i)  Prior to reaching age 18, the person violates

section 3362 (relating to maximum speed limits) by

traveling 26 miles per hour or more over the posted speed

limit and the violation results in a conviction, guilty

plea or plea of no contest before or after the person

reaches age 18.

(ii)  The person accumulates six or more points under

the provisions of section 1535 (relating to schedule of

convictions and points) and the violations resulting in

points accumulation were committed before the person

reached age 18.

(2)  The first suspension under paragraph (1) shall be

for a period of 90 days with every subsequent suspension

under paragraph (1) to be for a period of 120 days.

Suspensions under paragraph (1) shall be imposed

consecutively to each other and to any other suspension. A

suspension under paragraph (1) shall be considered a

subsequent suspension even if it is imposed contemporaneously

with a first suspension imposed under paragraph (1). A

suspension under this paragraph shall be in lieu of a

suspension under subsection (d)(1).

(3)  An insurer shall treat a suspension of a person

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under this subsection the same as a person over 18 years of

age for a similar violation for the purpose of automobile

insurance and may not increase premiums, impose any surcharge

or rate penalty or make any driver record point assignment

for automobile insurance in a manner different from that of a

person over 18 years of age.

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

§ 3316.  Prohibiting interactive wireless communications 

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communication devices.

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(a)  Drivers subject to restriction.--No driver person with a

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learners' permit or junior driver's license shall drive a motor

vehicle on a highway roadway or trafficway in this Commonwealth

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while using an interactive wireless communications communication 

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device.

(b)  Exceptions.--This section shall not apply to:

(1)  Persons who use an interactive wireless

communications communication device to contact a 511 service

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or 911 system or wireless E-911 service, as defined in the

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act of July 9, 1990 (P.L.340, No.78), known as the Public

Safety Emergency Telephone Act.

(2)  Emergency service personnel who are using an

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interactive wireless communication device in the performance

of official duties.

(2)  Persons who use an interactive wireless

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communication device when the vehicle is stopped due to

traffic obstruction and the motor vehicle transmission is in

neutral or park.

(3)  Operators of emergency vehicles who use an

interactive wireless communication device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

(4)  Volunteer emergency responders who use an

interactive wireless communication device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

(5)  Amateur radio operators who use an interactive

wireless communication device for voice communication.

(c)  Seizure.--The provisions of this section shall not be

construed as authorizing the seizure or forfeiture of an

interactive wireless communications communication device, unless

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otherwise provided by law.

(d)  Penalty.--A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of $100.

(e)  Secondary action.--A conviction under this section by

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State or local law enforcement agencies shall occur only as a

secondary action when a driver of a motor vehicle has been

convicted of violating any other provision of this title.

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"511" or "511 service."  Three-digit telecommunications

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dialing to access an intelligent transportation system traveler

information service provided in this Commonwealth in accordance

with the Federal Communications Commission and the United States

Department of Transportation.

"911."  The number used by a public agency located in whole

or in part within this Commonwealth authorized by law to provide

emergency telephone service to access firefighting, law

enforcement, ambulance, emergency medical or other emergency

services.

"Volunteer emergency responder."  Any of the following:

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(1)  a member of a volunteer ambulance service as defined

in section 102 of the act of July 31, 2003 (P.L.73, No.17),

known as the Volunteer Fire Company and Volunteer Ambulance

Service Grant Act;

(2)  a member of a volunteer fire company as defined in

section 102 of the Volunteer Fire Company and Volunteer

Ambulance Service Grant Act; or

(3)  member of a volunteer rescue company as defined in

section 102 of the Volunteer Fire Company and Volunteer

Ambulance Service Grant Act.

Section 4.  Sections 3714 and Section Sections 3326(c),

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3327(e) and 3752(a) of Title 75 are is are amended to read:

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§ 3714.  Careless driving.

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(a)  General rule.--Any person who drives a vehicle in

careless disregard for the safety of persons or property is

guilty of careless driving, a summary offense.

(b)  Unintentional death.--If the person who violates this

section unintentionally causes the death of another person as a

result of the violation, the person shall, upon conviction, be

sentenced to pay a fine of $500.

(c)  Serious bodily injury.--If the person who violates this

section unintentionally causes the serious bodily injury of

another person as a result of the violation, the person shall,

upon conviction, be sentenced to pay a fine of $250.

(c.1)  Increased fine for distracted driver.--Upon conviction

for a violation of this section where at the time of the

violation the person made use of any device not associated with

the safe operation of the vehicle, including, but not limited

to, the following:

(1)  an interactive wireless communications device;

(2)  an electronic, electrical or mechanical device;

(3)  a personal grooming device;

(4)  food;

(5)  drink; and

(6)  any printed material,

the fine imposed for the violation shall be increased by $50.

(c.2)  Effect of increase in fine.--The fact that an increase

in fine was imposed pursuant to subsection (c.1) shall not be:

(1)  Admissible as evidence in any civil or criminal

proceeding.

(2)  Used in any manner whatsoever by an insurer to

charge an insured a higher premium for a policy of insurance.

(c.3)  Construction.--Subsection (c.1) shall not be construed

to impose any legal obligation upon any person to inform any

driver or the public at large about the provisions of the

subsection.

(d)  [Definition.--As used in this section, "serious bodily

injury" means any] Definitions.--As used in this section, the

following words and phrases shall have the meanings given to

them in this subsection:

"Distracted."  Having a person's attention diverted from

operating a vehicle by the use of any device, including, but not

limited to, an electronic, electrical, mechanical or personal

grooming device, food, drink, book or printed material.

"Serious bodily injury."  Any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.

§ 3326.  Duty of driver in construction and maintenance areas or

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on highway safety corridors.

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(c)  Fines to be doubled.--For any of the following

violations, when committed in an active work zone manned by

workers acting in their official capacity or on a highway safety

corridor designated under section 6105.1 (relating to

designation of highway safety corridors), the fine shall be

double the usual amount:

Section 3102 (relating to obedience to authorized persons

directing traffic).

Section 3111 (relating to obedience to traffic-control

devices).

Section 3112 (relating to traffic-control signals).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding in

opposite direction).

Section 3303 (relating to overtaking vehicle on the left).

Section 3304 (relating to overtaking vehicle on the right).

Section 3305 (relating to limitations on overtaking on the

left).

Section 3306 (relating to limitations on driving on left side

of roadway).

Section 3307 (relating to no-passing zones).

Section 3309 (relating to driving on roadways laned for

traffic).

Section 3310 (relating to following too closely).

Section 3316 (relating to prohibiting interactive wireless

communication devices).

Section 3323 (relating to stop signs and yield signs).

Section 3326 (relating to duty of driver in construction and

maintenance areas or on highway safety corridors).

Section 3361 (relating to driving vehicle at safe speed).

Section 3362 (relating to maximum speed limits).

Section 3702 (relating to limitations on backing).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of alcohol

or controlled substance).

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§ 3327.  Duty of driver in emergency response areas.

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(e)  Fines to be doubled.--In addition to any penalty as

provided in subsection (b), the fine for any of the following

violations when committed in an emergency response area manned

by emergency service responders shall be double the usual

amount:

Section 3102 (relating to obedience to authorized persons

directing traffic).

Section 3111 (relating to obedience to traffic-control

devices).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding in

opposite direction).

Section 3303 (relating to overtaking vehicle on the left).

Section 3304 (relating to overtaking vehicle on the right).

Section 3305 (relating to limitations on overtaking on the

left).

Section 3306 (relating to limitations on driving on left side

of roadway).

Section 3307 (relating to no-passing zones).

Section 3310 (relating to following too closely).

Section 3312 (relating to limited access highway entrances

and exits).

Section 3316 (relating to prohibiting interactive wireless

communication devices).

Section 3323 (relating to stop signs and yield signs).

Section 3325 (relating to duty of driver on approach of

emergency vehicle).

Section 3361 (relating to driving vehicle at safe speed).

Section 3707 (relating to driving or stopping close to fire

apparatus).

Section 3710 (relating to stopping at intersection or

crossing to prevent obstruction).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of alcohol

or controlled substance).

* * *

§ 3752.  Accident report forms.

(a)  Form and content.--The department shall prepare and upon

request supply to all law enforcement agencies and other

appropriate agencies or individuals, forms for written accident

reports as required in this subchapter suitable with respect to

the persons required to make the reports and the purposes to be

served. The written report forms shall call for sufficiently

detailed information to disclose with reference to a vehicle

accident the cause, conditions then existing and the persons and

vehicles involved[.], including whether the driver of the

vehicle was using an interactive wireless communications 

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communication device when the accident occurred, and such other

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information as the department may require. Reports for use by

the drivers and owners shall also provide for information

relating to financial responsibility.

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Section 5.  Section 3753 of Title 75 is amended by adding a

subsection to read:

§ 3753.  Department to compile, tabulate and analyze accident

reports.

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(b.1)  Report on interactive wireless communications

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devices.-- Certain reports.--The department shall annually

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compile and make available to the public information submitted

on an accident report concerning interactive wireless

communications communication devices in motor vehicles involved

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in traffic accidents. The report shall note whether the driver

of the motor vehicle was using an interactive wireless

communications communication device when the accident occurred. 

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The department shall biannually compile and make available to

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the public information submitted on an accident report

concerning junior drivers with multiple passengers under 18

years of age and the use of seat belts by drivers and passengers

under 18 years of age in motor vehicles involved in traffic

accidents. The report shall note the number of passengers under

18 years of age if the driver involved in the accident was a

junior driver and whether drivers and passengers under 18 years

of age utilized a safety belt system. The data shall be included

in a report submitted to the Transportation Committee of the

Senate and the Transportation Committee of the House of

Representatives.

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Section 6.  Sections 4527 , 4527, 4553(b) and 4581(a) and (b) 

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and 6101 of Title 75 are amended to read:

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§ 4527.  [Television] Video receiving equipment.

(a)  General rule.--[No] Except as provided in subsection (c) 

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(b), no person shall drive a motor vehicle [operated on a

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highway shall be] equipped with [television-type] any image

display device, video receiving equipment, including a receiver,

a video monitor or a television or video screen capable of

displaying a television broadcast or video signal that produces

entertainment or business applications or similar equipment

which is located in the motor vehicle at any point forward of

the back of the driver's seat [or otherwise], or which is 

visible, directly or indirectly, to the driver while operating

the motor vehicle.

(a.1)  Except as provided in subsection (b), no person may

install in a motor vehicle an image display device intended to

be visible to a driver in the normal driving position when the

vehicle is in motion and when restrained by the safety seat belt

system adjusted in accordance with the manufacturer's

recommendations.

(b)  Exception.--This section shall not apply to the

following:

(1)  [Television-type receiving equipment] Image display

devices in a vehicle used exclusively for safety or law

enforcement purposes as approved by the Pennsylvania State

Police.

(2)  [Electronic displays] Image display devices used in

conjunction with in-vehicle navigation systems, related

traffic, road and weather information.

(3)  Image display devices that provide vehicle

information related to the driving task or to enhance or

supplement the driver's view forward, behind or to the sides

of the motor vehicle or permit the driver to monitor vehicle

occupants behind the driver.

(4)  Image display devices that do not display images to

the driver while the vehicle is in motion.

(5)  Image display devices which display an image while a

vehicle is parked.

(c)  Definitions.--As used in this section, the term "image

display device" means equipment capable of displaying to the

driver of the motor vehicle:

(1)  a broadcast television image; or

(2)  a visual image, other than text, from a digital

video disc or other storage device.

§ 4553.  General requirements for other vehicles transporting

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school children.

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(b)  School-chartered bus.--In addition to school buses,

school-chartered buses, which are designed to transport 16 or

more passengers, including the driver, and which are operated by

a person holding a certificate of the Pennsylvania Public

Utility Commission or the Interstate Commerce Commission, may be

used under a short-term contract with a school which has

acquired the exclusive use of the vehicle at a fixed charge to

[provide transportation of] transport school children to a

[special] school-related event, provided that the vehicle is not

used to transport school children to or from their residences or

designated bus stops. A school-chartered vehicle may be used

without restriction for the transportation of school children

with special needs as may be necessary to make reasonable

accommodations pursuant to the Americans with Disabilities Act

of 1990 (Public Law 101-336, 104 Stat. 327).

* * *

§ 4581.  Restraint systems.

(a)  Occupant protection.--

(1)  Any person who is operating a passenger car, Class I

truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child under four

years of age anywhere in the motor vehicle, including the

cargo area, shall fasten such child securely in a child

passenger restraint system, as defined in subsection (d).

This subsection shall apply to all persons while they are

operators of motor vehicles where a seating position is

available which is equipped with a seat safety belt or other

means to secure the systems or where the seating position was

originally equipped with seat safety belts.

(1.1)  Any person who is operating a passenger car, Class

I truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child four years

of age or older but under eight years of age anywhere in the

motor vehicle, including the cargo area, shall fasten such

child securely in a fastened safety seat belt system and in

an appropriately fitting child booster seat, as defined in

subsection (d). This paragraph shall apply to all persons

while they are operators of motor vehicles where a seating

position is available which is equipped with a seat safety

belt or other means to secure the systems or where the

seating position was originally equipped with seat safety

belts. [A conviction under this paragraph by State or local

law enforcement agencies shall occur only as a secondary

action when a driver of a motor vehicle has been convicted of

violating any other provision of this title.]

(2)  [Except for children under eight years of age and

except as provided in paragraphs (1) and (1.1), each]

(i)  The driver [and front seat occupant] of a

passenger car, Class I truck, Class II truck or motor

home operated in this Commonwealth shall [wear] secure or

cause to be secured in a properly adjusted and fastened

safety seat belt system for the driver, if under 18 years

of age, and every vehicle occupant eight years of age or

older but under 18 years of age. [A conviction under this

paragraph by State or local law enforcement agencies

shall occur only as a secondary action when a driver of a

motor vehicle has been convicted of any other provision

of this title. The driver of a passenger automobile shall

secure or cause to be secured in a properly adjusted and

fastened safety seat belt system any occupant who is

eight years of age or older and less than 18 years of

age.]

(ii)  Except for children under 18 years of age and

except as provided in paragraphs (1) and (1.1) and

subparagraph (i), each driver and front seat occupant of

a passenger car, Class I truck, Class II truck, classic

motor vehicle, antique motor vehicle or motor home

operated in this Commonwealth shall wear a properly

adjusted and fastened safety seat belt system.

(iii)  This paragraph shall not apply to:

[(i)] (A)  A driver or front seat occupant of any

vehicle manufactured before July 1, 1966.

[(ii)] (B)  A driver or front seat occupant who

possesses a written verification from a physician

that he is unable to wear a safety seat belt system

for physical or medical reasons, or from a

psychiatrist or other specialist qualified to make an

informed judgment that he is unable to wear a safety

seat belt system for psychological reasons.

[(iii)] (C)  A rural letter carrier while

operating any motor vehicle during the performance of

his duties as a United States postal service rural

letter carrier only between the first and last

delivery points.

[(iv)] (D)  A driver who makes frequent stops and

is traveling less than 15 miles per hour for the

purpose of delivering goods or services while in the

performance of his duties and only between the first

and last delivery points.

A violation of this paragraph shall not be subject to the

assessment of any points under section 1535 (relating to

schedule of convictions and points).

(3)  A driver who is under 18 years of age may not

operate a motor vehicle in which the number of passengers

exceeds the number of available safety seat belts in the

vehicle.

(b)  Offense.--Anyone who fails to comply with the provisions

of subsection (a)(1) or (1.1) shall be guilty of a summary

offense with a maximum fine of $100. The court imposing and

collecting any such fines shall transfer the fines thus

collected to the State Treasurer for deposit in the Child

Passenger Restraint Fund, pursuant to section 4582 (relating to

Child Passenger Restraint Fund). Anyone who violates subsection

(a)(2) or (3) commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $10. No person shall

be convicted of a violation of subsection [(a)(2)] (a)(2)(ii) 

unless the person is also convicted of another violation of this

title which occurred at the same time. No costs as described in

42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for

summary conviction of subsection (a)(2) or (3). Conviction under

this subsection shall not constitute a moving violation.

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§ 6101.  Applicability and uniformity of title.

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(a)  Requirement.--The provisions of this title shall be

applicable and uniform throughout this Commonwealth and in all

political subdivisions in this Commonwealth, and no local

authority shall enact or enforce any ordinance on a matter

covered by the provisions of this title unless expressly

authorized.

(b)  Sanctions.--When a court of competent jurisdiction

determines that an ordinance adopted by a local authority is in

violation of subsection (a), the local authority is subject to

the following sanctions until the local authority repeals or

substantially amends the ordinance to remove the language that

was found to be in violation of subsection (a):

(1)  Suspension of capital expenditures for bridges and

highways.

(2)  Suspension of allocation under the act of June 1,

1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels

Tax Municipal Allocation Law.

(3)  Suspension of allocation and apportionment under

section 9010(c.1) (relating to disposition and use of tax).

(c)  Suspended funds.--Upon notification that the local

authority has repealed or substantially amended the ordinance to

remove the language that was found to be in violation of

subsection (a), the department shall immediately end all

sanctions against the local authority and return all suspended

funds to the local authority.

Section 7.  Section 9010(c) introductory paragraph of Title

75 is amended and the section is amended by adding subsections 

to read:

§ 9010.  Disposition and use of tax.

* * *

(c)  Allocation of money.--[The] Except as set forth in

subsection (c.1), the county commissioners may allocate and

apportion money from the County Liquid Fuels Tax Fund to the

political subdivisions within the county in the ratio as

provided in this subsection. When the unencumbered balance in

the County Liquid Fuels Tax Fund is greater than the receipts

for the 12 months immediately preceding the date of either of

the reports, the county commissioners shall notify the political

subdivisions to make application within 90 days for

participation in the redistribution of the unencumbered balance.

Redistribution shall be effected within 120 days of the date of

either of the reports. The county commissioners may distribute

the unencumbered balance in excess of 50% of the receipts for

the previous 12 months to the political subdivisions making

application in the following manner:

* * *

(c.1)  Forfeiture.--All money allocated under subsection (c)

to a political subdivision which, under section 6109(a)

(relating to specific powers of department and local

authorities), violates section 6101(a) (relating to

applicability and uniformity of title) shall be withheld by the

county during the period of time in which the municipality is in

violation of section 6101(a).

(c.2)  Release funds.--Upon notification that the local

authority has repealed or substantially amended the ordinance to

remove the language that was found to be in violation of section

6101(a), the county shall release those funds withheld by the

county and due the local agency.

* * *

Section 8 7.  This act shall take effect as follows:

<--

(1)  The amendment or addition of 75 Pa.C.S. § 9010(c)

and (c.1) shall take effect January 1, 2010.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.