<-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
20130SB0001PN1308 -78-
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
20130SB0001PN1308 -79-
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 20130SB0001PN1308 -80-     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 20130SB0001PN1308 -81-     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 20130SB0001PN1308 -82-     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¢] 4¢ 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
8department shall make supplemental maintenance
9program payments from the Statewide highway
10restoration betterment program to those county
11maintenance districts for which the total highway
12maintenance appropriations and executive
13authorizations in accordance with section 9102(b)
14would be less than the amount received in 1996-1997
15from the highway maintenance appropriation, the
16Secondary Roads-Maintenance and Resurfacing Executive
17Authorization, the Highway Maintenance Excise Tax
18Executive Authorization and the Highway Maintenance
19Supplemental Appropriation.

20The words and phrases used in this paragraph shall have the
21meanings given to them in section 9101 (relating to
22definitions). This one-time allocation shall be made in
23addition to and is not a replacement for amounts normally
24distributed to county maintenance districts under section
259102.] Fifty-three percent to the department for distribution
26in accordance with section 9102(b)(2) for fiscal year 2013-
272014 and 40% for fiscal year 2014-2015 and each fiscal year
28thereafter.

29(iii) Thirty-five percent to the department for
30expanded highway and bridge maintenance for fiscal year

12013-2014 and 48% for fiscal year 2014-2015 and each
2fiscal year thereafter to be distributed as follows:

3(A) Annually, 15% of the amount deposited in a
4fiscal year shall be distributed at the discretion of
5the secretary.

6(B) Any funds deposited but not distributed
7under clause (A) shall be distributed in accordance
8with the formula under section 9102(b)(2).

9(C) Temporary transfers of funds may be made
10between counties if required for project cash flow.

11(4) An additional 55 mills is hereby imposed upon all 
12fuels as defined and provided in chapter 90 and such tax 
13shall also be collected as provided in section 9004(b) upon 
14such fuels, the proceeds of which shall be deposited in The 
15Highway Bridge Improvement Restricted Account within the 
16Motor License Fund and is hereby appropriated.

17Section 29.1. Section 9511(b) and (g) of Title 75 are 
18amended and the section is amended by adding a subsection to 
19read:

20§ 9511. Allocation of proceeds.

21* * *

22(b) State Highway Transfer Restoration Restricted Account
23and local bridges.--

24(1) The amount of the proceeds deposited in the Motor
25License Fund pursuant to this chapter which[, in fiscal year
261983-1984,] is attributable to [two] three mills of the tax
27imposed under section 9502(a) (relating to imposition of tax)
28[and which, in fiscal year 1984-1985 and thereafter, is
29attributable to three mills of the tax,] shall be deposited
30as follows:

1(i) For fiscal years 2013-2014 through fiscal year
22016-2017, as follows:

3(A) Twenty-seven million dollars shall be
4deposited in the State Highway Transfer Restoration
5Restricted Account within the Motor License Fund. The
6funds deposited in the State Highway Transfer
7Restoration Restricted Account shall be appropriated
8annually for expenditure as provided under subsection
9(g).

10(B) All funds not deposited in accordance with
11clause (A) shall be deposited in the Highway Bridge
12Improvement Restricted Account within the Motor
13License Fund for local bridges, notwithstanding if
14the project is administered by a county, municipality
15or the department.

16(ii) For fiscal year 2017-2018 and each fiscal year
17thereafter, as follows:

18(A) One and one-half mill shall be deposited in
19the State Highway Transfer Restoration Restricted
20Account within the Motor License Fund, which account
21is hereby created. The funds deposited in the State
22Highway Transfer Restoration Restricted Account are
23hereby annually appropriated out of the account upon
24authorization by the Governor for expenditure as
25provided in subsection (g).

26(B) One and one-half mill shall be deposited in
27the Highway Bridge Improvement Restricted Account
28within the Motor License Fund for local bridges,
29notwithstanding if the project is administered by a
30county, municipality or the department.

1(2) If funds are available to make payments under
2subsection (g)(1), the department may transfer funds
3deposited under subparagraphs (i) and (ii) between the State
4Highway Transfer Restoration Restricted Account and the
5Highway Bridge Improvement Restricted Account at the
6discretion of the secretary.

7* * *

8(g) Use of funds in the State Highway Transfer Restoration
9Restricted Account.--The funds appropriated in subsection (b)
10for deposit in the State Highway Transfer Restoration Restricted
11Account shall be used to pay for the costs of restoration of
12such highways as provided in Chapter 92 (relating to transfer of
13State highways) and annual payments to the municipalities for
14highway maintenance in accordance with the following:

15(1) Annual maintenance payments shall be at the rate of
16$4,000 per mile for each highway or portion of highway
17transferred under Chapter 92, section 222 of the act of June 
181, 1945 (P.L.1242, No.428), known as the State Highway Law,
19or any statute enacted in 1981.

20(2) Annual maintenance payments shall be paid at the
21same time as funds appropriated under the act of June 1, 1956 
22(1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax
23Municipal Allocation Law, except that no maintenance payment
24shall be paid for a highway until after the year following
25its transfer to the municipality.

26(3) Annual maintenance payments under this subsection
27shall be in lieu of annual payments under the Liquid Fuels
28Tax Municipal Allocation Law.

29(4) Annual maintenance payments under this subsection
30shall be deposited into the municipality's liquid fuels tax

1account and may be used on any streets and highways in the
2municipality in the same manner and subject to the same
3restrictions as liquid fuels tax funds paid under the Liquid
4Fuels Tax Municipal Allocation Law or, in the case of a
5county, under section 10 of the act of May 21, 1931 (P.L.149, 
6No.105), known as The Liquid Fuels Tax Act.

7* * *

8(i) Refund to Pennsylvania Fish and Boat Commission.--

9(1) When the tax imposed by this chapter has been paid 
10and the fuel on which the tax has been imposed has been 
11consumed in the operation of motorboats or watercraft upon 
12the waters of this Commonwealth, including waterways 
13bordering on this Commonwealth, the full amount of the tax 
14shall be refunded to the Boat Fund on petition to the board 
15in accordance with prescribed procedures.

16(2) In accordance with such procedures, the Pennsylvania 
17Fish and Boat Commission shall biannually calculate the 
18amount of liquid fuels consumed by the motorcraft and furnish 
19the information relating to its calculations and data as 
20required by the board. The board shall review the petition 
21and motorboat fuel consumption calculations of the 
22commission, determine the amount of liquid fuels tax paid and 
23certify to the State Treasurer to refund annually to the Boat 
24Fund the amount so determined. The department shall be 
25accorded the right to appear at the proceedings and make its 
26views known.

27(3) For the fiscal years commencing July 1, 2013, July 
281, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the 
29money under paragraph (2) shall be used by the commission 
30acting by itself or by agreement with other Federal and State
 

1agencies only for the improvement of hazardous dams 
2impounding waters of this Commonwealth on which boating is 
3permitted, including the development and construction of 
4boating areas and the dredging and clearing of water areas 
5where boats can be used. For the fiscal year commencing July 
61, 2018, and for each fiscal year thereafter, this money 
7shall be used by the commission acting by itself or by 
8agreement with other Federal and State agencies only for the 
9improvement of the waters of this Commonwealth on which 
10motorboats are permitted to operate and may be used for the 
11development and construction of motorboat areas; the dredging 
12and clearing of water areas where motorboats can be used; the 
13placement and replacement of navigational aids; the purchase, 
14development and maintenance of public access sites and 
15facilities to and on waters where motorboating is permitted; 
16the patrolling of motorboating waters; the publishing of 
17nautical charts in those areas of this Commonwealth not 
18covered by nautical charts published by the United States 
19Coast and Geodetic Survey or the United States Army Corps of 
20Engineers and the administrative expenses arising out of such 
21activities; and other similar purposes.

22Section 30. The following shall apply:

23(1) No later than two years following the effective date
24of this section, the Joint State Government Commission shall
25conduct a study and submit a report to the Governor, the
26chairman and minority chairman of the Transportation
27Committee of the Senate and the chairman and minority
28chairman of the Transportation Committee of the House of
29Representatives reviewing replacement funding for the
30revenues deposited in the Public Transportation Trust Fund

1under 74 Pa.C.S. § 1506 (b)(1) and the revenues deposited in
2the Motor License Fund under 75 Pa.C.S. § 8915.6 (b)(2) and
3(3). The report shall include:

4(i) Identification of sources of recurring revenue
5that are estimated to generate no less than $450,000,000
6on an annual basis.

7(ii) Identification of specific legislative action
8necessary to generate the sources of recurring revenue
9identified under subparagraph (i).

10(iii) A ranking in descending order of the sources
11of revenue identified under subparagraph (i), based upon
12the Joint State Government Commission's recommendation of
13which revenue sources are most viable.

14(2) Entities affected by this section shall provide data 
15to complete the report under paragraph (1). In its 
16recommendations, the Joint State Government Commission may 
17propose appropriate additional legislative changes to the 
18Governor and the General Assembly.

19Section 31. This act shall take effect as follows:

20(1) The addition of 74 Pa.C.S. Ch. 59 Subch. C shall 
21take effect immediately.

22(2) This section shall take effect immediately.

23(3) The remainder of this act shall take effect in 60 
24days.

<-25Section 1. Title 74 of the Pennsylvania Consolidated
26Statutes is amended by adding a chapter to read:

27CHAPTER 2

28ORGANIZATION

29Sec.

30201. Definitions.

1202. Deputy secretaries.

2§ 201. 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"Department." The Department of Transportation of the
7Commonwealth.

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

10§ 202. Deputy secretaries.

11(a) Appointment.--The secretary shall appoint the following
12deputy secretaries:

13(1) Deputy Secretary for Administration.

14(2) Deputy Secretary for Driver and Vehicle Services.

15(3) Deputy Secretary for Highway Administration.

16(4) Deputy Secretary for Multimodal Transportation.

17(5) Deputy Secretary for Planning.

18(b) Administration.--The Deputy Secretary for Administration
19has the powers and duties of the department under law relating
20to all of the following:

21(1) Fiscal affairs.

22(2) Operations analysis and improvement.

23(3) Information services.

24(4) Office services.

25(5) Human resources.

26(6) Equal opportunity.

27(c) Driver and vehicle services.--The Deputy Secretary for
28Driver and Vehicle Services has the powers and duties of the
29department under law relating to all of the following:

30(1) Drivers.

1(2) Vehicles.

2(3) Vehicle and driver safety.

3(4) Services for other modes of transportation.

4(d) Highway administration.--The Deputy Secretary for
5Highway Administration has the powers and duties of the
6department under law relating to all of the following:

7(1) Design of highways and bridges.

8(2) Land acquisition for highways and bridges.

9(3) Construction and reconstruction of highways and
10bridges.

11(4) Maintenance and operation of highways and bridges.

12(5) Highway and bridge safety.

13(e) Multimodal transportation.--The Deputy Secretary for
14Multimodal Transportation has the powers and duties of the
15department under law relating to modes of transportation other
16than highways, except recreational boating and ferry licensing,
17including all of the following:

18(1) Local and public transportation.

19(2) Rail freight.

20(3) Ports and waterways.

21(4) Aviation and airports.

22(f) Planning.--The Deputy Secretary of Planning has the
23powers and duties of the department under law relating to all of
24the following:

25(1) Planning and research.

26(2) Program development and management.

27(3) Services to municipalities.

28Section 2. (Reserved.)

29Section 3. The definitions of "base operating allocation"
30and "capital expenditures" in section 1503 of Title 74 are

1amended to read:

2§ 1503.  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* * *

7"Base operating allocation." The total amount of State
8operating assistance, reimbursement in lieu of fares for senior
9passengers and other assistance which was used for operating
10assistance as determined by the department in [fiscal year 2005-
112006] the last full fiscal year that the qualifying local 
12transportation organization received the assistance, including 
13the funds received under section 1517.1 (relating to Alternative 
14Energy Capital Investment Program).

15"Capital expenditures." All costs of capital projects,
16including, but not limited to, the costs of acquisition,
17construction, installation, start-up of operations, improvements
18and all work and materials incident thereto. At the discretion 
19of the department, preventive maintenance expenses, as defined 
20by the Federal Transit Administration, may be deemed eligible as 
21a capital expenditure based on written approval by the 
22department.

23* * *

24Section 4. Section 1504(a) of Title 74 is amended to read:

25§ 1504. Department authorization.

26(a) General.--

27(1) The department may, within the limitations provided
28in this chapter, incur costs directly and provide financial
29assistance for the purposes and activities enumerated in this
30chapter.

1(2) The department may either by contract or with its
2own personnel, directly provide the programs, activities and
3services enumerated in this chapter. The operation of the
4programs, activities and services by the department is not
5subject to the jurisdiction of the Pennsylvania Public
6Utility Commission.

7* * *

8Section 4.1. Title 74 is amended by adding a section to
9read:

10§ 1505.1. Fees and taxes.

11(a) Deposit.--Funds received under this section, as
12estimated and certified by the Secretary of Revenue, shall be
13deposited within five days of the end of each month into the
14fund.

15(b) Applicability.--Except as specifically provided, the
16provisions of Article II of the act of March 4, 1971 (P.L.6,
17No.2), known as the Tax Reform Code of 1971, shall apply to the
18fees and taxes imposed under subsections (c), (d) and (e).

19(c) Tire fee.--A fee on each sale in this Commonwealth of a
20new tire for highway use is imposed at the rate of $2 per tire.
21The fee shall be collected by the seller from the purchaser and
22remitted to the Department of Revenue.

23(d) Lease tax.--The following shall apply:

24(1) An additional tax of 6% of the total lease price
25charged is imposed on a lease of a motor vehicle which is
26subject to a tax under Article II of the Tax Reform Code.

27(2) As used in this subsection on and after April 1,
281995, the term "motor vehicle" shall not include trucks in
29Class 4 or higher as defined in 75 Pa.C.S. § 1916(a)(1)
30(relating to trucks and truck tractors).

1(e) Rental tax.--A fee of $2 for each day or part of a day
2for which a vehicle is rented is imposed on a rental of a motor
3vehicle which is subject to a tax under Article II of the Tax
4Reform Code.

5(f) Exclusions or exemptions.--No exclusion or exemption,
6except for an exclusion or exemption provided for a governmental
7entity under Article II of the Tax Reform Code, shall apply to
8the fees and taxes imposed under this section.

9Section 4.2. Section 1506(b)(1), (c) and (e) of Title 74 are
10amended to read:

11§ 1506. Fund.

12* * *

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

14(1) The following apply:

15(i) [Except as provided under subparagraph (ii),
16upon] Upon receipt, the department shall deposit into the 
17fund the revenues received by the department under 75 
18Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike) and 
19the lease agreement executed between the department and 
20the Pennsylvania Turnpike Commission under 75 Pa.C.S. § 
218915.3 (relating to lease of Interstate 80; related
22agreements) as follows:

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

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

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

26(D) For fiscal year 2010-2011 and each fiscal
27year thereafter[, the amount calculated for the
28previous fiscal year, increased by 2.5%] through 
29fiscal year 2020-2021, $250,000,000.

30(ii) The deposits made to the fund under this

1subsection shall equal $250,000,000 [annually for each
2fiscal year commencing after the expiration of the
3conversion period if the conversion notice is not
4received by the secretary prior to expiration of the
5conversion period as set forth under 75 Pa.C.S. § 
68915.3(3).] for fiscal years 2013-2014 through 2020-2021. 
7No additional payments shall be due following fiscal year 
82020-2021.

9* * *

10(c) Other deposits.--The following shall be deposited into
11the fund annually at the following rates:

12(1) 4.4% of the amount collected under Article II of the
13Tax Reform Code. Revenues under this paragraph shall be
14deposited into the fund by the 20th day of each month for the
15preceding month. The amount deposited under this paragraph is
16estimated to be equivalent to the money available to the
17department from the following sources:

18(i) The Supplemental Public Transportation Account
19established under former section 1310.1 (relating to
20supplemental public transportation assistance funding).

21(ii) The amount appropriated annually by the
22Commonwealth from the General Fund for mass transit
23programs pursuant to a General Appropriations Act.

24(2) An amount of proceeds of Commonwealth capital bonds
25as determined annually by the Secretary of the Budget.

26(3) [Revenue in the Public Transportation Assistance
27Fund established under Article XXIII of the Tax Reform Code
28not otherwise dedicated pursuant to law.] Fees collected 
29under section 1505.1 (relating to fees and taxes).

30(3.1) If, by July 1, 2021, legislation is not enacted to

1replace the revenue deposited in the fund under subsection
2(b)(1), in fiscal year 2021-2022 and in each fiscal year
3thereafter, the following shall apply:

4(i) An amount equal to that revenue shall be
5deposited in the fund.

6(ii) Notwithstanding any other provision of law, the
7source of the revenue deposited in the fund under this
8paragraph shall be the receipts from the tax collected
9under section 238 of the Tax Reform Code on motor
10vehicles, trailers and semi-trailers.

11(3.2) The revenue deposited in the fund in accordance
12with 75 Pa.C.S. § 3111(a.1)(2)(ii) (relating to obedience to
13traffic control devices).

14(4) Other appropriations, deposits or transfers to the
15fund.

16* * *

17(e) Program funding amounts.--Subject to available funds,
18the programs established under this chapter shall be funded
19annually as follows:

20(1) For the program established under section 1513
21(relating to operating program), the following amounts shall
22be allocated from the fund:

23(i) [All] From the revenues deposited in the fund
24under subsection (b)(1)[.]:

25(A) For fiscal years 2013-2014 and 2014-2015,
26$121,000,000.

27(B) For fiscal years 2015-2016 and 2016-2017,
28$30,000,000.

29(c) For each fiscal year beginning after June
3030, 2017, %0.00.

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

3(iii) [69.99%] 86.76% of the revenues deposited in
4the fund under subsection (c)(1).

5(iv) All revenues deposited into the fund under
6subsection (c)(3).

7(v) From the revenues deposited in the fund received
8by the department under 75 Pa.C.S. § 1904 (relating to
9collection and disposition of fees and moneys) after the
10allocation of 23% to the Multimodal Transportation Fund:

11(A) For fiscal years 2013-2014, 2014-2015, 2015-
122016, and 2016-2017, all of the revenue.

13(B) For each fiscal year beginning after June
1430, 2017, two-thirds of the revenue.

15(2) (i) [Except as provided under subparagraph (ii),
16for] For the program established under section 1514 (relating
17to asset improvement program):

18(A) By the proceeds of Commonwealth capital
19bonds deposited into the fund under subsection (c)
20(2).

21[(A.1) For fiscal year 2007-2008, $50,000,000
22from the revenues received by the department under 75 
23Pa.C.S. Ch. 89 and the lease agreement executed 
24between the department and the Pennsylvania Turnpike 
25Commission under 75 Pa.C.S. § 8915.3. The amount 
26received by the department under this section shall
27be deposited into the fund prior to distribution and
28shall be in addition to the amounts received under
29subsection (b)(1).

30(B) For fiscal year 2008-2009, $100,000,000 from
 

1the revenues received by the department under 75 
2Pa.C.S. Ch. 89 and the lease agreement executed 
3between the department and the Pennsylvania Turnpike 
4Commission under 75 Pa.C.S. § 8915.3. The amount 
5received by the department under this section shall 
6be deposited into the fund prior to distribution and
7shall be in addition to the amounts received under
8subsection (b)(1).

9(C) For fiscal year 2009-2010, $150,000,000 from
10the revenues received by the department under 75 
11Pa.C.S. Ch. 89 and the lease agreement executed 
12between the department and the Pennsylvania Turnpike 
13Commission under 75 Pa.C.S. § 8915.3. The amount 
14received by the department under this section shall
15be deposited into the fund prior to distribution and
16shall be in addition to the amounts received under
17subsection (b)(1).

18(D) For fiscal year 2010-2011 and each fiscal
19year thereafter, the amount calculated for the prior
20fiscal year increased by 2.5% from the revenues
21received by the department under 75 Pa.C.S. Ch. 89 
22and the lease agreement executed between the 
23department and the Pennsylvania Turnpike Commission 
24under 75 Pa.C.S. § 8915.3. The amount received by the 
25department under this section shall be deposited into 
26the fund prior to distribution and shall be in 
27addition to the amounts received under subsection (b)
28(1).]

29(E) Ninety-five percent of the remaining revenue
30deposited in the fund under subsection (b)(1).

1(F) The revenue deposited in the fund under
2subsection (c)(3.1) and (3.2).

3(G) For each fiscal year beginning after June
430, 2017, from the revenues deposited in the fund
5received by the department under 75 Pa.C.S. § 1904
6after the allocation of 23% to the Multimodal
7Transportation Fund, one-third of the revenue.

8[(ii) If the conversion notice is not received by
9the secretary prior to the end of the conversion period
10as set forth in 75 Pa.C.S. § 8915.3(3), no additional
11allocation shall be made under subparagraph (i).]

12(3) For the program established under section 1516
13(relating to programs of Statewide significance), 13.24% of
14the revenues deposited in the fund under subsection (c)(1)
15shall be allocated from the fund in addition to the remaining 
16revenue deposited in the fund under subsection (b)(1).

17[(4) For the program established under section 1517
18(relating to capital improvements program), 16.77% of the
19revenues deposited in the fund under subsection (c)(1).
20Additional funds for this program may be provided from the
21funds allocated but not distributed based on the limitation
22set forth under section 1513(c)(3).]

23(5) For the program established under section 1517.1
24(relating to Alternative Energy Capital Investments Program),
25no more than $60,000,000 of the revenues deposited in the
26fund under subsection (c) may be allocated from the fund.

27Section 5. Section 1507(a)(6) and (c) of Title 74 are
28amended and subsection (a) is amended by adding a paragraph to
29read:

30§ 1507. Application and approval process.

1(a) Application.--An eligible applicant that wishes to
2receive financial assistance under this chapter shall submit a
3written application to the department on a form developed by the
4department, which shall include the following:

5* * *

6(6) Evidence satisfactory to the department of the
7commitment for matching funds required under this chapter
8sufficient to match the projected financial assistance
9payments [at the same times that the financial assistance
10payments are to be provided.], provided no later than June 30 
11of the applicable fiscal year. If the evidence required under 
12this paragraph is not provided to the satisfaction of the 
13department, subsequent funding under section 1513 (relating 
14to operating program) shall be withheld until the applicant 
15meets the requirements of this paragraph.

16(6.1) A statement of policy outlining the basic
17principles for the adjustment of fare growth to meet the rate
18of inflation.

19* * *

20(c) Restriction on use of funds.--[Financial] Unless the 
21department grants the award recipient a waiver allowing the 
22funds to be used for a different purpose, financial assistance
23under this chapter shall be used only for activities set forth
24under the financial assistance agreement [unless the department
25grants the award recipient a waiver allowing the funds to be
26used for a different purpose]. The department's regulations
27shall describe circumstances under which it will consider waiver
28requests and shall set forth all information to be included in a
29waiver request. The maximum duration of a waiver shall be one
30year, and a waiver request shall include a plan of corrective

1action to demonstrate that the award recipient does not have an
2ongoing need to use financial assistance funds for activities
3other than those for which funds were originally awarded. The 
4duration of the waiver may not exceed the duration of the plan 
5of corrective action. The department shall monitor 
6implementation of the plan of corrective action. If the plan of 
7corrective action is not implemented by the local transportation 
8organization, the department shall rescind the waiver approval.

9Section 6. Sections 1511, 1512 and 1513(d)(1) and (2) of
10Title 74 are amended to read:

11§ 1511. Report to Governor and General Assembly.

12[The following shall apply:

13(1) Except as provided in paragraph (2), the] The
14department shall submit a public passenger transportation
15performance report to the Governor and the General Assembly
16by April 30 of each year, covering the prior fiscal year.

17[(2) The report covering the 2005-2006 fiscal year shall
18be submitted by July 31, 2007.]

19§ 1512. Coordination and consolidation.

20(a) Coordination.--Coordination is required in regions where
21two or more award recipients have services or activities for
22which financial assistance is being provided under this chapter
23to assure that the services or activities are provided
24efficiently and effectively.

25(b) Consolidation and mutual cooperation.--

26(1) The department shall study the feasibility of
27consolidation and mutual cooperation of local transportation
28organizations as a means of reducing annual expense without
29loss of service to the communities. The study shall examine
30the creation of service regions or mutual cooperation pacts

1to determine whether either method would reduce annual
2expenses. The feasibility analysis is to include a cost-
3benefit analysis and operational analysis.

4(2) If the results of the feasibility analysis begun
5after the effective date of this subsection under paragraph
6(1) estimate a net annual savings of at least $2,000,000,
7including all costs associated with any merger, or 25% of the
8local match contribution under section 1513 (relating to
9operating program) at the time of completion of the study,
10the transportation organization and local government may
11implement the recommended action.

12(3) The department shall waive the match increase under
13section 1513 for five fiscal years for the transportation
14organization's participation in the recommended action under
15paragraph (2).

16(c) Funding for merger and consolidation incentives and
17mutual cooperation pacts.--A capital project that is needed to
18support a local transportation organization that has agreed to
19merge and consolidate operations and administration or share
20facilities or staff through a mutual cooperation pact to achieve
21cost and service efficiencies shall be eligible for financial
22assistance under this chapter. The application for financial
23assistance must:

24(1) identify the efficiencies in a merger and
25consolidation plan or mutual cooperation pact; and

26(2) include the expected net dollar savings that will
27result from the merger, consolidation or pact.

28§ 1513. Operating program.

29* * *

30(d) Local match requirements.--

1(1) For fiscal year 2007-2008 and each fiscal year
2thereafter, except as provided under paragraph (2), financial
3assistance provided under this section shall be matched by
4local or private cash funding in an amount not less than the
5greater of:

6(i) [15%] 20% of the amount of the financial
7assistance being provided; or

8(ii) the amount required under former section
91311(d) (relating to use of funds distributed) for fiscal
10year 2006-2007.

11(2) Beginning in fiscal year [2007-2008] 2014-2015 and
12each fiscal year thereafter, if the local matching funds
13provided are less than [15%] 20% of the amount of financial
14assistance received, the local transportation organization's
15required local matching funds shall increase annually in
16order to meet the [15%] 20% requirement set forth under
17paragraph (1)(i). The local matching funds shall be increased
18annually by a minimum of 5% above the amount of local
19matching funds provided in the previous fiscal year unless a
20lesser amount is necessary to meet the [15%] 20% requirement
21set forth under paragraph (1)(i).

22* * *

23Section 7. Section 1514(c) of Title 74 is amended and the
24section is amended by adding a subsection to read:

25§ 1514. Asset improvement program.

26* * *

27(c) Local match requirements.--Financial assistance under
28this section shall be matched by local or private cash funding
29in an amount not less than 3.33% of the amount of the financial
30assistance being provided. The local match requirement shall be
 

1increased annually by a minimum of 5% above the match 
2requirement of the previous year to a maximum of 10% of the 
3amount of the financial assistance being provided. The source of
4funds for the local match shall be subject to the requirements
5of section 1513(d)(3) (relating to operating program).

6* * *

7(e.1) Distribution.--The department shall allocate financial
8assistance under this section on a percentage basis of available
9funds each fiscal year as follows:

10(1) The local transportation organization organized and
11existing under Chapter 17 (relating to metropolitan
12transportation authorities) as the primary provider of public
13passenger transportation for the counties of Philadelphia,
14Bucks, Chester, Delaware and Montgomery shall receive 69.4%
15of the funds available for distribution under this section.

16(2) The local transportation organization organized and
17existing under the act of April 6, 1956 (1955 P.L.1414,
18No.465), known as the Second Class County Port Authority Act,
19as the primary provider of public transportation for the
20county of Allegheny, shall receive 22.6% of the funds
21available for distribution under this section.

22(3) Other local transportation organizations organized
23and existing as the primary providers of public passenger
24transportation for the counties of this Commonwealth not
25identified under paragraph (1) or (2) shall receive 8% of the
26funds available for distribution under this section. The
27department shall allocate the funds under this paragraph
28among the local transportation organizations.

29(4) Notwithstanding paragraphs (1), (2) and (3) and
30before distributing the funds under paragraph (1), (2) or

1(3), the department shall set aside 5% of the funds available
2for distribution under this section for discretionary use and
3distribution by the secretary.

4* * *

5Section 8. Section 1516(b) and (e) and of Title 74 are
6amended and the section is amended by adding subsections to
7read:

8§ 1516. Programs of Statewide significance.

9* * *

10(b) Persons with disabilities.--The department shall
11establish and administer a program providing reduced fares to
12persons with disabilities on community transportation services
13and to provide financial assistance for start-up, administrative
14and capital expenses related to reduced fares for persons with
15disabilities. All of the following shall apply:

16(1) A community transportation system operating in the
17Commonwealth other than in [counties of the first and second
18class] a county of the first class may apply for financial
19assistance under this subsection.

20(2) The department may award financial assistance under
21this subsection for program start-up and for continuing
22capital expenses to offset administrative and capital
23expenses. For community transportation trips made by eligible
24persons with disabilities, financial assistance may be
25awarded to an eligible community transportation system to
26reimburse the system for up to 85% of the fare established
27for the general public for each trip which is outside of
28fixed-route and paratransit service areas and not eligible
29for funding from any other program or funding source. The
30person making the trip or an approved third-party sponsor

1shall contribute the greater of 15% of the fare established
2for the general public or the Americans with Disabilities Act
3complementary paratransit fare.

4* * *

5(e) Technical assistance [and], demonstration and 
6emergency.--The department is authorized to provide financial
7assistance under this section for technical assistance, research
8and short-term demonstration or emergency projects. All of the
9following shall apply:

10(1) A local transportation organization or an agency or
11instrumentality of the Commonwealth may apply to the
12department for financial assistance under this subsection.

13(2) Financial assistance provided under this subsection
14may be used for reimbursement for any approved operating or
15capital costs related to technical assistance and
16demonstration program projects. Financial assistance for
17short-term demonstration projects may be provided at the
18department's discretion on an annual basis based on the level
19of financial commitment provided by the award recipient to
20provide ongoing future funding for the project as soon as the
21project meets the criteria established by the department and
22the award recipient. Financial assistance for this purpose
23shall not be provided for more than three fiscal years.
24Financial assistance may be provided to meet any short-term
25emergency need that requires immediate attention and cannot
26be funded through other sources.

27(3) Financial assistance under this subsection provided
28to a local transportation organization shall be matched by
29local or private cash funding in an amount not less than
303.33% of the amount of the financial assistance being

1provided. The sources of funds for the local match shall be
2subject to the requirements of section 1513(d)(3) (relating
3to operating program).

4(4) As follows:

5(i) For short-term demonstration projects awarded
6financial assistance under this subsection, the
7department shall determine if the demonstration project
8was successful based upon the performance criteria
9established prior to the commencement of the
10demonstration project and approved by the department.

11(ii) If the department determines that the
12demonstration project was successful, the local
13transportation organization or agency or instrumentality
14of the Commonwealth that conducted the demonstration
15project shall be eligible to apply for and receive funds
16under section 1513 to sustain and transition the
17demonstration project into regular public passenger
18transportation service.

19(iii) During the first year in which the
20demonstration project is eligible for and applies for
21financial assistance under section 1513, the local
22transportation organization or agency or instrumentality
23of the Commonwealth that conducted the demonstration
24project and transitioned it to regular public passenger
25transportation service shall be eligible to receive
26financial assistance up to 65% of the transportation
27service's prior fiscal year operating costs or expenses
28for the service as an initial base operating allocation.

29(iv) The initial base operating allocation shall be
30taken from the growth under section 1513 over the prior

1year before distributing the remainder of the formula
2described in section 1513.

3(f) Shared Ride Community Transportation Service Delivery
4Pilot Program.--

5(1) The department may develop and implement a pilot
6program to test and evaluate new models of paying for and
7delivering shared ride and community transportation. The
8goals of the program are as follows:

9(i) Develop a community transportation delivery
10model that can be managed to stay within budget.

11(ii) Develop community transportation service
12standards with need based priorities.

13(iii) Develop a business model and fare structure
14that work across funding programs.

15(iv) Maximize efficiency and effectiveness of the
16services.

17(2) The department shall establish a pilot advisory
18committee to provide guidance and input for pilot planning,
19start up, operations, data collection and post pilot
20evaluation. The committee shall be comprised of the
21following:

22(i) A member appointed by Majority Chair of the
23Transportation Committee of the Senate.

24(ii) A member appointed by Minority Chair of the
25Transportation Committee of the Senate.

26(iii) A member appointed by Majority Chair of
27the Transportation Committee of the House of
28Representatives.

29(iv) A member appointed by Minority Chair of the
30Transportation Committee of the House of

1Representatives.

2(v) Two members from the Pennsylvania Public
3Transit Association appointed by the secretary.

4(vi) A member appointed by the secretary to
5represent people with disabilities.

6(vii) A member appointed by the Secretary of
7Aging to represent senior citizens.

8(viii) A member appointed by the Secretary of
9Public Welfare to represent people using medical
10assistance transportation.

11(ix) A member of the County Commissioners
12Association appointed by the secretary.

13(x) The secretary or a designee.

14(xi) The Secretary of Aging or a designee.

15(xii) The Secretary of the Office of the Budget
16or a designee.

17(xiii) The Secretary of Public Welfare or a
18designee.

19(3) The department shall work with the committee to
20define potential pilot models within 12 months of the
21effective date of this subsection.

22(4) The department shall publish the notice of
23availability of the program models and framework in the
24Pennsylvania Bulletin and receive applications from counties
25and shared-ride community transportation systems interested
26in participating in the program within three months of the
27defining potential pilot models.

28(5) The department may work with the committee to
29redefine the basis for payment using lottery and other State
30funding sources currently used to support community

1transportation programs for selected pilot counties and
2shared-ride community transportation systems to test new
3methods of service delivery and payment. Each project must
4have a business plan with management controls, service
5standards and budget controls. The business plan shall be
6reviewed by the committee prior to being implemented.

7Section 9. Section 1517 of Title 74 is amended to read:

8§ 1517. Capital improvements program.

9(a) Eligibility.--A local transportation organization may
10apply for financial assistance under this section.

11(b) Applications.--The department shall establish the
12contents of the application for the program established under
13this section. The information shall be in addition to
14information required under section 1507 (relating to application
15and approval process).

16(c) Distribution formula.--The department shall award
17financial assistance under this section based on the number of
18passengers. The actual amount awarded to a local transportation
19organization under this subsection shall be calculated as
20follows:

21(1) Multiply the local transportation organization's
22passengers by the total amount of funding available under
23this section.

24(2) Divide the product under paragraph (1) by the sum of
25the passengers for all qualifying local transportation
26organizations.

27(d) Payments.--Financial assistance under this section shall
28be paid to local transportation organizations at least
29quarterly.

30(e) Reduction in financial assistance.--Financial assistance

1provided to a local transportation organization under this
2section shall be reduced by any financial assistance received
3previously under this section which has not been spent or
4committed in a contract within three years of its receipt.

5(f) Certification ends funding.--Financial assistance under
6this section shall cease when the secretary certifies that funds
7are no longer available for the program established under this
8section.

9Section 10. Title 74 is amended by adding sections to read:

10§ 1517.1. Alternative Energy Capital Investment Program.

11(a) Establishment.--The department is authorized to
12establish a competitive grant program to implement capital
13improvements deemed necessary to support conversion of a local
14transportation organization's fleet to an alternative energy
15source, including compressed natural gas.

16(b) Criteria.--The department shall establish criteria for
17awarding grants under this section. Criteria shall, at a
18minimum, include feasibility, cost/benefit analysis and project
19readiness.

20(c) Additional authorization.--Notwithstanding any other
21provisions of this section or other law, the department may use
22funds designated for the program established under subsection
23(a) to supplement a local transit organization's base operating
24allocation under section 1513 (relating to operating program) if
25necessary to stabilize an operating budget and ensure that
26efficient services may be sustained to support economic
27development and job creation and retention.

28§ 1521.1. Local tax for mass transportation.

29(a) Taxes imposed.--Municipalities may, in their discretion,
30by ordinance or resolution, for mass transportation revenue

1purposes for local transportation organizations, levy, assess
2and collect or provide for the levying, assessment and
3collection of a tax or taxes described as follows:

4(1) Upon a transfer of real property or an interest in
5real property within the limits of the municipality,
6regardless of where the instruments making the transfers are
7made, executed or delivered or where the actual settlements
8on the transfer take place, to the extent that the
9transactions are subject to the tax imposed by Article XI-C
10of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
11Reform Code of 1971. A tax imposed under this paragraph shall
12not exceed 0.5% of rate limitations provided by sections 307,
13311 and 320 of the act of December 31, 1965 (P.L.1257,
14No.511), known as The Local Tax Enabling Act.

15(2) In addition to the tax imposed under Article III of
16the Tax Reform Code of 1971, a surtax not to exceed 0.2% of
17the tax imposed on the taxable income of resident and
18nonresident individuals as provided for under Article III of
19the Tax Reform Code of 1971. The surtax shall be in addition
20to any tax imposed under Article III of the Tax Reform Code
21of 1971.

22(3) In addition to the tax imposed under Article II of
23the Tax Reform Code of 1971, a surtax equal to 0.25% imposed
24on the purchase price of tangible personal property and
25services subject to taxation under Article II of the Tax
26Reform Code of 1971. The surtax shall be in addition to any
27tax imposed under Article II of the Tax Reform Code of 1971.

28(b) Computation of sales and use tax.--Within 30 days of the
29notification of a municipality of the adoption of a tax under
30subsection (a), the Department of Revenue shall establish a

1combined schedule for the computation of the State sales and use
2tax and the State sales and use surtax as established under this
3section. The Department of Revenue shall collect the surtax and
4remit the surtax proceeds quarterly to the appropriate taxing
5authority. The Department of Revenue shall publish the schedule
6providing for the combined computation of the State sales and
7use tax and the State sales and use surtax in the next
8succeeding publication of the Pennsylvania Bulletin.

9(c) Administration.--The taxes authorized under subsection
10(a)(1) and (2) shall be administered, collected and enforced
11under The Local Tax Enabling Act. The taxes authorized under
12subsection (a)(3) shall be administered, collected and enforced
13under the Tax Reform Code of 1971. The Department of Revenue may
14promulgate and enforce regulations not inconsistent with the
15provisions of this section.

16(d) Construction.--The provisions of Articles II, III and
17XI-C of the Tax Reform Code of 1971 shall apply to the taxes
18imposed under subsection (a) except as inconsistent with this
19section.

20(e) Grants by municipalities.--A municipality in any area
21which is a member of a local transportation organization is
22authorized to make annual grants from current revenues or from
23revenue derived from taxes levied under this section to local
24transportation organizations to assist in defraying the costs of
25operations, maintenance and debt service of a local
26transportation organization or of a particular mass
27transportation project of a local transportation organization
28and to enter into long-term agreements providing for the payment
29of the same. The obligation of a municipality under the
30agreement shall not be considered to be a part of its

1indebtedness, nor shall the obligation be deemed to impair the
2status of any indebtedness of the municipality which would
3otherwise be considered as self-sustaining.

4Section 11. Title 74 is amended by adding a chapter to read:

5CHAPTER 21

6MULTIMODAL TRANSPORTATION FUNDING

7Sec.

82101. Multimodal Transportation Fund.

92102. Deposits to fund.

102103. Use of revenue.

112104. Distribution of revenue.

122105. Project selection criteria and agreement.

132106. Local match.

14§ 2101. Multimodal Transportation Fund.

15A special fund is established within the State Treasury to be
16known as the Multimodal Transportation Fund. Money in the fund
17is appropriated to the department for the purposes authorized
18under this chapter.

19§ 2102. Deposits to fund.

20The following shall be deposited in the Multimodal
21Transportation Fund:

22(1) Ten million dollars of the revenue deposited in the
23Public Transportation Trust Fund under section 1506(b)(1)
24(relating to fund).

25(2) Twenty three percent of the revenue deposited in the
26fund in accordance with 75 Pa.C.S. § 1904 (b)(2) (relating to
27collection and disposition of fees and moneys).

28(3) For fiscal year 2015-2016 and each fiscal year
29thereafter, the amount authorized from the oil company
30franchise tax imposed under 75 Pa.C.S. § 9502 (relating to

1imposition of tax) to be expended in accordance with section
211 of Article VIII of the Constitution of Pennsylvania.

3(4) Other appropriations, deposits or transfers to the
4fund.

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

6§ 2103. Use of revenue.

7Money in the fund shall be used by the department as follows:

8(1) To provide grants through the department's programs
9relating to aviation, rail freight, passenger rail, port and
10waterway, bicycle and pedestrian facilities, road and bridge
11and other transportation modes.

12(2) For costs incurred by the department in the
13administration of programs specified under paragraph (1).

14(3) To incur costs for activities initiated or
15undertaken directly by the department related to the programs
16under paragraph (1).

17§ 2104. Distribution of revenue.

18The revenue deposited in the fund shall be distributed as
19follows:

20(1) Three million dollars shall be designated for
21programs related to aviation.

22(2) Six million dollars shall be designated for programs
23related to rail freight.

24(3) Six million dollars shall be designated for programs
25related to rail passengers.

26(4) Eight million dollars shall be designated for
27programs related to ports and waterways.

28(5) Two million dollars for programs related to bicycle
29and pedestrian facilities.

30(6) The remaining revenues shall be designated for

1eligible programs under this chapter upon agreement of a
2majority among the chairman and minority chairman of the
3Transportation Committee of the Senate and of the chairman
4and minority chairman of the Transportation Committee of the
5House of Representatives.

6§ 2105. Project selection criteria and agreement.

7The department shall award grants under this chapter on a
8competitive basis. The department may not reserve, designate or
9set aside a specific level of funds or percentage of funds to an
10applicant prior to the completion of the application process,
11nor may the department designate a set percentage of funds to an
12applicant.

13§ 2106. Local match.

14Financial assistance under section 2104(6) (relating to
15distribution of revenues) shall be matched by county, municipal
16or private funding in an amount not less than 30% of the non-
17Federal share of the project cost. Matching funds from a county
18or municipality shall only consist of cash contributions
19provided by one or more counties or municipalities.

20Section 12. Chapter 59 of Title 74 is amended by adding a
21subchapter to read:

22SUBCHAPTER C

23FIRST CLASS CITY CONSOLIDATED

24CAR RENTAL FACILITY

25Sec.

265931. Scope of subchapter.

275932. Definitions.

285933. Customer facility charge and rental facility agreement.

29§ 5931. Scope of subchapter.

30This subchapter relates to first class city consolidated

1rental car facilities.

2§ 5932. Definitions.

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

6"Airport." A public international airport located partially
7in a city of the first class and partially in an adjacent
8municipality.

9"Airport owner." Any of the following:

10(1) A city which owns and operates an airport.

11(2) An authority created by a city of the first class to
12own and operate an airport or any portion or activity of the
13airport.

14"Airport property." Property owned and operated by an
15airport owner, including property that is leased, licensed or
16made available for use by the airport owner.

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

18"Concession agreement." A regulation, contract, permit,
19license or other agreement entered into between an airport owner
20and a vehicle rental company which includes the terms and
21conditions under which the company may conduct any aspect of its
22rental vehicle business at the airport or through the use of
23airport property, including a vehicle rental company which
24provides a customer access to a vehicle or executes a rental
25contract either on or off of airport property.

26"Customer facility charge." A fee assessed on each motor
27vehicle rental under this subchapter used for the purposes
28described under section 5933(i) (relating to customer facility
29charge and rental facility agreement).

30"Motor vehicle." A private passenger motor vehicle that

1meets all of the following:

2(1) Is designed to transport not more than 15
3passengers.

4(2) Is rented for not more than 30 days without a
5driver.

6(3) Is part of a fleet of at least five passenger
7vehicles used for the purpose under paragraph (2).

8"Rental facility." A consolidated facility for the use of a
9vehicle rental company to conduct business on airport property.

10"Rental facility agreement." A written agreement entered
11into between an airport owner and a vehicle rental company which
12shall include:

13(1) The location, scope of operations and general design
14of the rental facility, a rental facility improvement and a
15transportation system which connects to a terminal or related
16structure.

17(2) The manner in which the proceeds of the customer
18facility charge are to be used as provided under section
195933(i).

20(3) A procedure and requirement for a consultation
21regarding the implementation of this chapter for the
22disclosure to a vehicle rental company of information
23relating to the collection and use of the customer facility
24charge.

25(4) A methodology and procedure by which the amount of
26the customer facility charge will be calculated and adjusted.

27"Rental facility improvement." A facility or structure on
28airport property needed for development or use of the rental
29facility. The term shall include a cost necessary for planning,
30finance, design, construction, equipping or furnishing of a

1rental facility improvement.

2"Rental facility operations and maintenance expenses." The
3cost of operating and maintaining the rental facility, including
4day-to-day costs.

5"Transportation system." A system which transports an
6arriving or departing vehicle rental customer between a terminal
7or related structure and the rental facility.

8"Transportation system costs." The portion of total cost
9incurred to design, finance, construct, operate and maintain a
10transportation system which reflects the usage or benefit of the
11system to vehicle rental companies and their customers.

12"Vehicle rental company." A person engaged in the business
13of renting a motor vehicle in this Commonwealth that provides a
14motor vehicle rental to a customer which utilizes airport
15property in any aspect of its business, including to do any of
16the following:

17(1) Contact customers or pick up or drop off customers
18on airport property.

19(2) Advertise the availability of a vehicle rental
20service, notwithstanding if other aspects of the rental
21company business are not conducted on airport property.

22§ 5933. Customer facility charge and rental facility agreement.

23(a) Rental facility agreement.--A rental facility agreement
24shall be enforceable if it is executed by the airport owner and
25at least 80% of the vehicle rental companies which utilized
26airport property and which provided at least 90% of the motor
27vehicle rentals conducted utilizing airport property in the most
28recently completed calendar year.

29(b) Imposition of customer facility charge.--

30(1) Except as provided under paragraph (2), a city may

1impose a customer facility charge of not more than $8 per
2rental day on a customer renting a motor vehicle from a
3vehicle rental company doing business at an airport. The
4charge may:

5(i) be imposed notwithstanding the absence of
6authority in a regulation or concession agreement; and

7(ii) not affect the validity or enforceability of a
8concession agreement.

9(2) Notwithstanding paragraph (1), a rental facility
10agreement may provide for a customer facility charge which
11exceeds $8 per rental day.

12(3) A city may unilaterally decrease the customer
13facility charge provided in a rental facility agreement or
14otherwise provided. An increase in the customer facility
15charge, decreased under this paragraph, shall require an
16amendment of the rental facility agreement if the increase
17will cause the customer facility charge to exceed the
18original amount.

19(c) Amendment of rental facility agreement.--The following
20shall apply:

21(1) An amendment to a rental facility agreement must be
22executed by the vehicle rental companies or their successors,
23which are a party to the original rental facility agreement.

24(2) The terms of the rental facility agreement may be
25amended no more than one time per calendar year to authorize
26the increase of the amount of the customer facility charge to
27fund the current costs authorized under the rental facility
28agreement.

29(d) Enforcement.--The terms of a rental facility agreement
30may be interpreted and enforced by a court of competent

1jurisdiction through the imposition of a mandatory or
2prohibitive injunction. A monetary damage may not be awarded to
3a vehicle rental company or to a person required to pay the
4customer facility charge for a violation of the terms and
5conditions of the rental facility agreement.

6(e) Limitation on use.--Notwithstanding the authorization
7for the use of the proceeds of the customer facility charge
8imposed under subsection (b)(1)(i) and, except as provided under
9subsection (f), until a rental facility agreement is executed,
10the proceeds of the customer facility charge may be used only
11for planning, design, feasibility studies and other preliminary
12expenses necessary for the uses authorized under subsection
13(b)(1)(i).

14(f) Time limitation.--If a rental facility agreement is not
15executed within two years of the date a vehicle rental company
16is required to begin collecting the customer facility charge, a
17city may continue to impose and collect the customer facility
18charge authorized under subsection (b)(1). After notice to the
19vehicle rental companies, the city may use the proceeds of the
20customer facility charge in the manner authorized under
21subsection (b)(1)(i), except that an expense imposed on a
22vehicle rental company for the purposes under subsection (e) may
23not exceed the proceeds of the customer facility charge.

24(g) Additional cost.--A customer facility charge shall be in
25addition to other motor vehicle rental fees and taxes imposed by
26law, except that the customer facility charge may not constitute
27part of the purchase price of a motor vehicle rental imposed
28under any of the following:

29(1) Article II of the act of March 4, 1971 (P.L.6,
30No.2), known as the Tax Reform Code of 1971.

1(2) The act of June 5, 1991 (P.L.9, No.6), known as the
2Pennsylvania Intergovernmental Cooperation Authority Act for
3Cities of the First Class.

4(3) A law similar to the statutes under paragraphs (1)
5and (2).

6(h) Collection.--The following shall apply:

7(1) A customer facility charge shall be:

8(i) collected from a customer by a vehicle rental
9company and held in a segregated trust fund for the
10benefit of the airport owner; and

11(ii) paid to the airport owner no later than the
12last day of the month following the month in which
13customer facility charge revenues are collected, or if
14necessary to facilitate a pledge of customer facility
15charge revenues under subsection (j), at an earlier date
16as designated by the airport owner, but not sooner than
17the 15th day of the month following the month in which
18the customer facility charges are collected.

19(2) A customer facility charge may not constitute gross
20receipts or income of a vehicle rental company for purposes
21of a tax imposed by the Commonwealth, the city or any other
22municipality.

23(3) A vehicle rental company may not pledge, subject to
24a lien, or encumber funds in a segregated trust fund under
25paragraph (1)(i).

26(i) Use.--The proceeds of the customer facility charge shall
27be deposited by the airport owner into a segregated account to
28be used for the planning, development, financing, construction
29and operation of:

30(1) a rental facility;

1(2) a rental facility improvement;

2(3) transportation system costs; or

3(4) a rental facility operation and maintenance expense.

4(j) Pledge.--An airport owner may pledge customer facility
5charge revenues for any of the following:

6(1) Any use authorized under subsection (i).

7(2) The creation and maintenance of a reasonable reserve
8and for the payment of debt service for any use authorized
9under subsection (i).

10(k) Administration.--An airport owner may do any of the
11following:

12(1) Require a vehicle rental company to provide it with
13periodic statements of account, file returns, authorize
14payments and maintain records, in accordance with its
15obligations under this subchapter.

16(2) Conduct an examination to ensure a vehicle rental
17company's compliance with its obligations under this
18subchapter and may do any of the following:

19(i) Collect an amount due.

20(ii) Impose a lien and file a suit to recover an
21amount due.

22(iii) Grant a refund.

23(iv) Require the payment of an authorized addition
24to a customer facility charge, interest and penalty.

25(v) Adopt reasonable rules and regulations to
26implement this section.

27(vi) Seek criminal penalties, as provided for a city
28of the first class for the collection of taxes, for
29failure to comply with the requirements of this
30subchapter.

1(l) Commonwealth pledge.--The Commonwealth pledges to and
2agrees with:

3(1) Any person, firm or corporation, government agency,
4whether in this Commonwealth or elsewhere, or Federal agency
5subscribing to or acquiring debt obligations secured by
6customer facility charges to be issued by an airport that the
7Commonwealth will not limit or alter the rights vested in the
8airport owner under this subchapter in a manner inconsistent
9with the obligations of the airport owner to the obligees of
10the airport owner until all debt obligations secured by
11customer facility charges and interest on the debt
12obligations are fully paid or provided for.

13(2) Any Federal agency that, if the Federal Agency
14contributes funds for the airport owner or project, the
15Commonwealth will not alter or limit the rights and powers of
16the airport owner in a manner which would be inconsistent
17with the due performance of an agreement between the airport
18owner and a Federal agency.

19Section 13. Section 6131(a) and (b) of Title 74 are amended
20to read:

21§ 6131. Tax on jet fuels.

22(a) Imposition.--There is hereby imposed, effective [July 1,
231984] immediately, a State tax of [1.1¢] 3¢ per gallon, or
24fractional part thereof, on all fuels used or sold and delivered
25by distributors within this Commonwealth for use as fuel in
26turbine-propeller jet, turbojet and jet-driven aircraft and
27aircraft engines. [The tax shall be increased by 0.2¢ per
28gallon, or fractional part thereof, effective January 1, 1985,
29and by 0.2¢ per gallon, or fractional part thereof, effective
30July 1, 1985.] Distributors shall be liable to the Commonwealth

1for the collection and payment of the tax imposed by this
2section. The tax shall be collected by the distributor and shall
3be paid to the Commonwealth only once with respect to any fuels.

4[(b) Annual adjustment.--Beginning on January 1, 1986, and
5each January 1 thereafter, the tax imposed under this section
6shall be adjusted annually and shall be set for that calendar
7year. The adjustment shall be based upon the percentage change
8of the Producer Price Index for Jet Fuel, as determined by the
9Bureau of Labor Statistics for the United States Department of
10Labor, for the most recent 12-month period available as of the
11immediately preceding November 1. For every 10% increase or
12decrease in the Producer Price Index, as determined by comparing
13the index for the first month of the 12-month period with the
14index for the last month of the period, there shall be a 0.1¢
15per gallon, or fractional part thereof, increase or decrease in
16the rate of tax. The rate of tax shall be determined by the
17Secretary of Revenue, who shall cause such rate to be published
18as a notice pursuant to 45 Pa.C.S. § 725(a)(3) (relating to
19additional contents of Pennsylvania Bulletin) in the
20Pennsylvania Bulletin on or before December 15 of each year. The
21tax, as adjusted, shall never exceed 2¢ per gallon, or
22fractional part thereof, nor shall it be less than 1.5¢ per
23gallon, or fractional part thereof.]

24* * *

25Section 14. The definitions of "electronic toll collection,"
26"owner" and "violation enforcement system" in section 8102 of
27Title 74 are amended and the section is amended by adding
28definitions to read:

29§ 8102. Definitions.

30The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Automated toll collection." A system of collecting tolls or
4charges by a device that is capable of accepting coin, currency,
5cards or tokens for payment of the prescribed toll or charge.

6"Certificate of passage." A document signed and certified by
7a vehicle owner, operator or lessee evidencing his or her
8agreement to pay the prescribed toll plus a processing fee to
9the commission within a prescribed period.

10"Certificate of passage toll collection." A system of
11collecting a toll or charge by providing a vehicle owner,
12operator or lessee with a certificate of passage at a toll
13collection facility if the owner, operator or lessee does not
14have sufficient funds to pay the prescribed toll at the time he
15or she passes through the toll collection facility.

16* * *

17"Electronic toll collection." A system of collecting tolls
18or charges [that is capable of charging an account holder for
19the prescribed toll] by electronic transmission of information
20[between], including by use of a device on a vehicle and a
21device [in a toll lane] at a toll collection facility, open road 
22tolling, video tolling system or other similar structural or 
23technological enhancements related to tolling.

24* * *

25"Owner." Except as provided under section [8117(e)] 8117 
26(relating to [electronic] toll collection), [an individual] a 
27person, copartnership, association or corporation having title
28or interest in a property right, easement or franchise
29authorized to be acquired under this chapter.

30* * *

1"Toll collection." A system of collecting tolls or charges
2that is capable of charging an account holder or vehicle owner,
3operator or lessee for the prescribed toll by automated toll
4collection, certificate of passage toll collection or electronic
5toll collection.

6* * *

7"Video tolling system." As follows:

8(1) A vehicle sensor or other electronic toll collection
9device, placed in a location to work in conjunction with a
10toll collection facility, which automatically produces a
11videotape or photograph, microphotograph or other recorded
12image of the vehicle or vehicle license plate at the time the
13vehicle is used or operated on the tolled facility in order
14to collect tolls or detect violations of the toll collection
15regulations or rules.

16(2) The term includes technology other than identified
17under paragraph (1) which identifies a vehicle by
18photographic, electronic or other method.

19"Violation." The failure to pay the prescribed toll as
20provided under section 8117 (a)(1) (relating to toll
21collection).

22["Violation enforcement system." A vehicle sensor, placed in
23a location to work in conjunction with a toll collection
24facility, which automatically produces a videotape or
25photograph, microphotograph or other recorded image of the rear
26portion of each vehicle at the time the vehicle is used or
27operated in violation of the toll collection regulations. The
28term includes any other technology which identifies a vehicle by
29photographic, electronic or other method.]

30Section 15. Sections 8117 and 8121 of Title 74 are amended

1to read:

2§ 8117. [Electronic toll] Toll collection.

3(a) Liability of owner.--

4[(1) If an operator of a vehicle fails to pay the
5prescribed toll at any location where tolls are collected by
6means of electronic toll collection, the owner of the vehicle
7shall be liable to the commission for failure of the operator
8of the vehicle to comply with this section if the violation
9is evidenced by information obtained from a violation
10enforcement system.

11(2) If a violation of this section is committed, the
12registration plate number of the vehicle as recorded by a
13violation enforcement system shall establish an inference
14that the owner of the vehicle was then operating the vehicle.
15The inference shall be overcome if the owner does all of the
16following:

17(i) Testifies that the owner was not operating the
18vehicle at the time of the violation.

19(ii) Submits to an examination as to who at the time
20was operating the vehicle.

21(iii) Reveals the name and residence address, if
22known, of the operator of the vehicle.

23(3) If an action or proceeding is commenced in a county
24other than that of the residence of the owner, a verified
25written statement setting forth the facts prescribed under
26paragraph (2)(i), (ii) and (iii) shall suffice to overcome
27the inference.

28(4) If the inference is overcome, the operator of the
29vehicle may be held liable under this section for failure to
30pay the prescribed toll in the same manner as if the operator

1were the owner of the vehicle.

2(b) Imposition of liability.--Liability under this section
3shall be imposed upon an owner for a violation of this section
4or the regulations of the commission occurring within the
5territorial limits of this Commonwealth. If a violation is
6committed as evidenced by a violation enforcement system, the
7following shall apply:

8(1) The commission or an authorized agent or employee
9must prepare and mail a notice of violation as follows:

10(i) The notice of violation must be sent by first
11class mail to each person alleged to be liable as an
12owner for a violation of this section.

13(ii) The notice must be mailed at the address shown
14on the vehicle registration or at the address of the
15operator, as applicable. Notice must be mailed no later
16than 60 days after:

17(A) the alleged conduct; or

18(B) the date the inference is overcome under
19subsection (a)(2).

20(iii) Personal service is not required.

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

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

25(B) A warning advising the person charged that
26failure to contest in the manner and time provided
27shall be deemed an admission of liability and that a
28default judgment may be entered on the notice.]

29(1) Notwithstanding any other provision of law, if an
30operator of a vehicle fails to pay the prescribed toll at a

1prescribed location by means of toll collection or as
2directed by official signs posted on the tolled facility in
3accordance with the rules or regulations instituted for toll
4collection by the tolling entity, the owner of the vehicle
5shall be liable to the tolling entity or its authorized agent
6for failure of the operator of the vehicle to comply with
7this section if the violation is evidenced by any of the
8following:

9(i) Information obtained from a video tolling
10system.

11(ii) A certificate of passage that has not been paid
12within the prescribed time period.

13(2) Except for an operator who utilizes certificates of
14passage toll collection, if an operator of a vehicle fails to
15pay the prescribed toll as provided under paragraph (1), the
16registration plate number of the vehicle as recorded by a
17video tolling system shall establish an inference that the
18owner of the vehicle was operating the vehicle at the time of
19the violation. The inference shall be overcome if the owner
20does all of the following:

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

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

26(iii) Reveals the name and residence address, if
27known, of the operator of the vehicle or demonstrates to
28the reasonable satisfaction of the commission that the
29vehicle was misidentified.

30(3) If an action or proceeding is commenced in a county

1other than that of the residence of the owner, a verified
2written statement under 18 Pa.C.S. § 4904 (relating to
3unsworn falsifications to authorities) setting forth the
4facts prescribed under paragraph (2) shall suffice to
5overcome the inference.

6(4) A court of competent jurisdiction shall admit as
7prima facie evidence the verified statement relied upon under
8paragraph (3). The operator of the vehicle may be held liable
9under this section for failure to pay the prescribed toll in
10the same manner as if the operator were the owner of the
11vehicle if any of the following apply:

12(i) The inference is overcome.

13(ii) The operator of the vehicle utilized
14certificate of passage toll collection.

15(b) Imposition of liability.--Liability under this section
16shall be imposed upon an owner, including a person, lessee or
17operator who becomes liable in the same manner as if the person
18was an owner under this section, for a violation of this section
19or the regulations or rules of the commission occurring within
20the territorial limits of this Commonwealth. If a violation is
21committed as evidenced by information obtained from a video
22tolling system or certificate of passage, the following shall
23apply:

24(1) The commission or an authorized agent or employee
25shall prepare and mail a notice of violation as follows:

26(i) The notice of violation shall be sent by first
27class mail to each person alleged to be liable as an
28owner for a violation of this section.

29(ii) The notice shall be mailed to the address shown
30on the vehicle registration or to the address of the

1operator, as applicable. Notice shall be mailed no later
2than 120 days after one of the following:

3(A) The date of the alleged conduct.

4(B) The date the inference is overcome in
5subsection (a)(2).

6(C) The date that a lessor provides the
7information required under subsection (b)(3) in a
8manner that the lessee of the vehicle on the date of
9violation is deemed to be the owner of the vehicle
10for purposes of this section.

11(iii) Personal service of the notice shall not be
12required.

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

14(A) The date, time and location of the alleged
15violation and, if available, the license plate number
16of the vehicle.

17(B) Information advising the owner charged of
18the manner and time in which the liability alleged in
19the notice may be contested.

20(C) A warning advising the owner charged that
21failure to contest in the manner and time provided
22shall be deemed an admission of liability, that a
23default judgment may be entered on the notice and
24that the failure to pay all unpaid tolls,
25administrative fees and costs may result in
26suspension of registration of a vehicle registered to
27the person by the department.

28(v) A single notice with respect to multiple
29violations may be sent if the notice meets the
30requirements of this paragraph.

1(1.1) A manual or automatic record of mailing prepared
2in the ordinary course of business shall be prima facie
3evidence of the mailing of notice.

4(2) If an owner of a vehicle or an owner that is a
5lessor of a vehicle receives a notice of violation under this
6section for any time period during which the vehicle was
7reported to a police department as having been stolen, it
8shall be a defense to the allegation of liability that the
9vehicle had been reported to the police as having been stolen
10prior to the time the violation occurred and that the vehicle
11had not been recovered by the time of the violation. For
12purposes of asserting the defense under this paragraph, it
13shall be sufficient that a certified copy of the police
14report on the stolen vehicle be sent by first class mail to
15the commission or its authorized agent within 30 days after
16receiving the original notice of violation. Failure to send
17the information within the time limit under this paragraph
18shall render the owner or lessor liable for the penalty
19prescribed by this section.

20(3) An owner that is a lessor of a vehicle as to which a
21notice of violation was issued under paragraph (1) shall not
22be liable for a violation if the owner sends to the
23commission or its authorized agent a copy of the rental,
24lease or other contract document covering the vehicle on the
25date of the violation, with the name and address of the
26lessee clearly legible to the commission, within 30 days
27after receiving the original notice of violation. Failure to
28send the information within the time limit under this
29paragraph shall render the lessor liable for the penalty
30prescribed by this section. If the lessor complies with the

1provisions of this section, the lessee of the vehicle on the
2date of the violation shall be deemed to be the owner of the
3vehicle for purposes of this section and shall be subject to
4liability for the penalty under this section.

5(4) A certified report or a facsimile report of an
6authorized agent or employee of the commission reporting a
7violation of this section or rules or regulations of the
8commission based upon [the recorded information obtained from
9a violation enforcement system] any of the following shall be
10prima facie evidence of the facts contained in the report and
11shall be admissible as an official record of regularly 
12conducted activity of the commission kept in the ordinary
13course of business in any proceeding charging a violation of
14this section or the toll collection rules or regulations of
15the commission:

16(i) The recorded information obtained from a video
17tolling system.

18(ii) A certificate of passage.

19(5) Notwithstanding any other provision of law,
20videotapes, photographs, microphotographs, other recorded
21images, written records, reports or facsimiles prepared
22pursuant to this section shall be for the exclusive use of
23the commission, its authorized agents, its employees and law
24enforcement officials for the purpose of discharging duties
25under this section and the rules or regulations of the
26commission. The information shall not be deemed a public
27record under the act of [June 21, 1957 (P.L.390, No.212), 
28referred to as the Right-to-Know Law] February 14, 2008 
29(P.L.6, No.3), known as the Right-to-Know Law. The 
30information shall not be discoverable by court order or

1otherwise; nor shall it be offered in evidence in any action
2or proceeding which is not directly related to a violation of
3this section, the rules or regulations of the commission or
4indemnification for liability imposed pursuant to this
5section. The restrictions set forth in this paragraph:

6(i) shall not be deemed to preclude a court of
7competent jurisdiction from issuing an order directing
8that the information be provided to law enforcement
9officials if the information is reasonably described and
10is requested solely in connection with a criminal law
11enforcement action;

12(ii) shall not be deemed to preclude the exchange of
13the information between any entities with jurisdiction
14over or which operate [an electronic] a toll collection
15system in this Commonwealth or any other jurisdiction;
16and

17(iii) shall not be deemed to prohibit the use of
18information exclusively for the purpose of billing
19electronic toll collection account holders and other 
20users of toll collection, deducting toll charges from the
21account of an account holder, enforcing toll collection
22laws and related rules and regulations or enforcing the
23provisions of an account holder agreement.

24(6) An imposition of liability under this section must
25be based upon a preponderance of evidence.

26(7) An imposition of liability pursuant to this section
27shall not be deemed a conviction of an owner and shall not be
28made part of the motor vehicle operating record of the person
29upon whom the liability is imposed, nor shall it be
30considered in the provision of motor vehicle insurance

1coverage.

2(8) An owner that admits, is found liable or fails to
3respond to the notice of violation for a violation of this
4section shall be civilly liable to the commission or tolling 
5entity as defined in 75 Pa.C.S. § 1380(j) (relating to 
6suspension of registration upon unpaid tolls) for [all of]
7the following:

8(i) Either:

9(A) the amount of the toll evaded or attempted
10to be evaded if the amount can be determined; or

11(B) the maximum toll from the farthest point of
12entry on the [Pennsylvania Turnpike] tolled facility
13to the actual point of exit if the amount of the toll
14evaded or attempted to be evaded cannot be
15determined.

16(ii) [A reasonable administrative fee not to exceed
17$35 per notification.] Fees and costs in an amount 
18sufficient to cover the reasonable costs of collecting 
19the amounts under subparagraph (i) but no greater than an 
20amount set by the commission or its authorized agent or 
21tolling entity as defined in 75 Pa.C.S. § 1380(j).

22(8.1) The following shall apply:

23(i) Upon failure of an owner, operator or lessee to
24pay the amount, fee and cost imposed under paragraph (8),
25the commission or its authorized agent shall send to the
26owner, operator or lessee a notice of any toll evasion
27violation setting forth the outstanding unpaid tolls and
28administrative fees and costs due to the commission and
29meeting the requirements of paragraph (1).

30(ii) The department shall suspend the registration

1of a vehicle upon the notification from the commission or
2its authorized agent that the statutory owner or
3registrant of the vehicle has failed to pay or defaulted
4in the payment of six or more violations issued under
5subsection (a)(1) or incurred unpaid tolls or
6administrative fees or costs that total a minimum of
7$500. The suspension shall not be construed to limit the
8commission's or its authorized agent's ability to recoup
9tolls, administrative fees or costs.

10(iii) Prior to notifying the department under
11subparagraph (iv), the commission or its authorized agent
12shall provide the statutory owner or registrant written
13notice by first class mail of its intent to seek
14suspension of the vehicle registration under this section
15and afford the statutory owner or registrant with the
16opportunity to be heard during an administrative
17proceeding.

18(iv) The following shall apply:

19(A) No sooner than 30 days after mailing the
20notice required under subparagraph (iii), the
21commission or its authorized agent may notify the
22department electronically, in a format prescribed by
23the department, if a statutory owner or registrant
24fails to respond, fails to pay, defaults in payment
25of six or more violations issued under subsection (a)
26(1) or incurs unpaid tolls or administrative fees or
27costs that total a minimum of $500.

28(B) If a notice has been provided under clause
29(A) and all of the violations are subsequently paid,
30dismissed, reversed on appeal or canceled, the

1commission or its authorized agent shall notify the
2department electronically, in a format prescribed by
3the department, of the disposition of the violations
4and shall provide the statutory owner or registrant
5with a release from the suspension.

6(v) A suspension under subparagraph (ii) shall
7continue until the department receives notice from the
8commission or its authorized agent that all of the
9violations are paid, dismissed, reversed on appeal or
10canceled or the defendant enters into an agreement with
11the commission or its authorized agent to make
12installment payments for the tolls, administrative fees
13and costs imposed and pays the fee prescribed under 75
14Pa.C.S. § 1960 (relating to reinstatement of operating
15privilege or vehicle registration), except that the
16suspension may be reimposed by the department if the
17defendant fails to make regular installment payments.

18(vi) The department shall impose an additional
19period of registration suspension if, subsequent to the
20issuance of a suspension under subparagraph (ii), and
21prior to the restoration of the registration, the
22department is notified by the commission or its
23authorized agent that the statutory owner or registrant
24has failed to respond, failed to pay or defaulted in the
25payment of an additional violation issued under
26subsection (a)(1).

27(vii) A suspension may not be imposed based upon a
28violation of subsection (a)(1) more than three years
29after the violation is committed.

30(9) Nothing in this section shall be construed to limit

1the liability of the operator of a vehicle for a violation of
2this section or of the rules or regulations of the
3commission.

4(c) Placement of electronic toll collection device.--An
5electronic toll collection device which is affixed to the front
6windshield of a vehicle in accordance with the rules or
7regulations of the commission shall not be deemed to constitute
8a violation of 75 Pa.C.S. § 4524 (relating to windshield
9obstructions and wipers).

10(d) Privacy of electronic toll collection account holder
11information.--

12(1) Except as set forth under paragraph (2),
13notwithstanding any other provision of law, all of the
14following apply to information kept by the commission, its
15authorized agents or its employees which is related to the
16account of an electronic toll collection system account
17holder:

18(i) The information shall be for the exclusive use
19of the commission, its authorized agents, its employees
20and law enforcement officials for the purpose of
21discharging their duties pursuant to this section and the
22rules or regulations of the commission. This subparagraph
23includes names, addresses, account numbers, account
24balances, personal financial information, credit card 
25information, vehicle movement records and other
26information compiled from transactions with the account
27holders.

28(ii) The information shall not be deemed a public
29record under the Right-to-Know Law, nor shall it be
30discoverable by court order or otherwise or be offered in

1evidence in any action or proceeding which is not
2directly related to the discharge of duties under this
3section, the rules or regulations of the commission or a
4violation of an account holder agreement.

5(2) Paragraph (1) shall not be deemed to do any of the
6following:

7(i) Preclude a court of competent jurisdiction from
8issuing an order directing that the information be
9provided to law enforcement officials if the information
10is reasonably described and is requested solely in
11connection with a criminal law enforcement action.

12(ii) Preclude the exchange of the information
13between any entities with jurisdiction over or which
14operate an electronic toll collection system in this
15Commonwealth or any other jurisdiction.

16(iii) Prohibit the use of the information
17exclusively for the purpose of billing electronic toll
18collection account holders, deducting toll charges from
19the account of an account holder, enforcing toll
20collection laws and related rules or regulations or
21enforcing the provisions of an account holder agreement.

22(d.1) Temporary regulations.--Notwithstanding any other law,
23regulations promulgated by the commission during the two years
24following the effective date of this subsection shall be deemed
25temporary regulations which shall expire no later than three
26years following the effective date of this subsection or upon
27promulgation of final regulations. The temporary regulations
28shall not be subject to any of the following:

29(1) Sections 201, 202 and 203 of the act of July 31,
301968 (P.L.769, No.240), referred to as the Commonwealth

1Documents Law.

2(2) The act of June 25, 1982 (P.L.633, No.181), known as
3the Regulatory Review Act.

4(e) [Definition.--As used in this section, the term "owner"
5means any person, corporation, firm, partnership, agency,
6association, organization or lessor that, at the time a vehicle
7is operated in violation of this section or regulations of the
8commission:

9(1) is the beneficial or equitable owner of the vehicle;

10(2) has title to the vehicle; or

11(3) is the registrant or coregistrant of the vehicle
12registered with the department or a comparable agency of
13another jurisdiction or uses the vehicle in its vehicle
14renting or leasing business. The term includes a person
15entitled to the use and possession of a vehicle subject to a
16security interest in another person.] Definitions.--As used 
17in this section, the following words and phrases shall have 
18the meanings given to them in this subsection unless the 
19context clearly indicates otherwise:

20"Owner." As follows:

21(1) A person, corporation, firm, partnership, agency,
22association, organization, governmental entity or lessor
23that, at the time a vehicle is operated in violation of this
24section or rules or regulations of the commission, meets any
25of the following:

26(i) Is the beneficial or equitable owner of the
27vehicle.

28(ii) Has title to the vehicle.

29(iii) Is the registrant or coregistrant of the
30vehicle registered with the department or a comparable

1agency of another jurisdiction or uses the vehicle in its
2vehicle renting or leasing business.

3(2) The term includes a person entitled to the use and
4possession of a vehicle subject to a security interest in
5another person.

6"Statutory owner." The term shall have the same meaning as
7given to the term "owner" in 75 Pa.C.S. § 102 (relating to
8definitions).

9§ 8121. [(Reserved).] Annual report.

10At least one commission member shall testify at a public
11hearing before the Appropriations Committee of the Senate and
12the Appropriations Committee of the House of Representatives in
13June of each year to present information on turnpike operations
14and coordination with other State agencies.

15Section 16. (Reserved).

16Section 17. Sections 8204(b)(1) and 9110(f)(5) of Title 74
17are amended to read:

18§ 8204. Code of conduct.

19* * *

20(b) Audit.--

21(1) At least once every [four] two years, the Department
22of the Auditor General shall review the performance,
23procedures, operating budget, capital budget and debt of the
24commission and shall audit the accounts of the commission.

25* * *

26§ 9110. Public-private transportation partnership agreement.

27* * *

28(f) User fees.--A provision establishing whether user fees
29will be imposed for use of the public-private transportation
30project and the basis by which any user fees will be imposed and

1collected shall be determined in the public-private
2transportation partnership agreement. If a user fee is proposed
3as part of the public-private transportation project, a
4proprietary public entity shall include provisions in the
5agreement that authorize the collection of user fees, tolls,
6fares or similar charges, including provisions that:

7* * *

8(5) In the event an operator of a vehicle fails to pay
9the prescribed toll or user fee at any location on a public-
10private transportation project where tolls or user fees are
11collected by means of an electronic or other automated or
12remote form of collection, the collection provisions of
13section 8117 (relating to [electronic] toll collection) shall
14apply except that the development entity shall possess all of
15the rights, roles, limitations and responsibilities of the
16Pennsylvania Turnpike Commission.

17* * *

18Section 18. Title 74 is amended by adding chapters to read:

19CHAPTER 92

20TRAFFIC SIGNALS

21Sec.

229201. Definitions.

239202. Maintenance agreement.

24§ 9201. Definitions.

25The following words and phrases when used in this chapter
26shall have the meanings given to them in this section unless the
27context clearly indicates otherwise:

28"Critical corridor." A State highway segment intersecting
29with a limited access ramp or with bi-directional average annual
30daily traffic greater than 10,000 vehicles per day. The

1department's Roadway Management System shall identify the
2current average annual daily traffic.

3"Department." The Department of Transportation of the
4Commonwealth.

5"Existing agreement." An agreement between the department
6and a municipality on the maintenance of a traffic signal
7existing prior to the effective date of this section.

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

9"Maintenance." The activity of keeping a traffic signal in
10proper working condition during the useful life of the traffic
11signal.

12"Replace." The modernization of an existing traffic signal
13within a designated traffic corridor.

14"Synchronize." The coordination of all traffic signals
15within a designated traffic corridor for the purpose of
16operating as a single system.

17"Timing." The programming of traffic signals within a
18designated traffic corridor in order to synchronize the signals.

19§ 9202. Maintenance agreement.

20(a) Agreement.--A municipality may enter into an agreement
21with the department to replace, synchronize and time traffic
22signals located within a designated traffic corridor. The terms
23of the agreement may specify that the municipality provide
24services to the department. The agreement shall not exceed the
25time period of the useful life of the traffic signals. The
26municipality shall, during the duration of the agreement,
27properly maintain and time the traffic signals in accordance
28with the agreement.

29(b) Critical corridors.--A municipality shall enter into an
30agreement with the department under terms specified under

1subsection (a) for critical corridors. A municipality shall
2provide to the department in a timely manner all traffic and
3intersection data that the municipality maintains for critical
4corridors and establish and agree to an operations plan with the
5department on critical corridors.

6(c) Prioritization.--The department shall prioritize
7corridors where proper signalization will provide the most
8benefit to the traveling public and reduce congestion.
9Priorities shall be reevaluated and updated as part of the
10Planning Partner Transportation Improvement Plan cycle.

11(d) Intergovernmental cooperation.--Two or more
12municipalities may enter into an agreement with the department
13if a designated corridor is located in two or more
14municipalities.

15(e) Maintenance.--If the department determines that one or
16more traffic signals is not being maintained or timed in
17accordance with an agreement under subsection (a) or an existing
18agreement, the department shall provide written notice to all
19municipalities subject to the agreement no less than 60 days
20prior to taking any action to correct the improper maintenance
21and timing. The written notice shall specify the maintenance and
22timing deficiencies that are to be corrected.

23(1) A municipality subject to the agreement under
24subsection (a) shall have 60 days to correct the deficiencies
25contained in the written notice or to contest, in writing,
26the findings of the department within 30 days of receipt of
27the written notice.

28(2) The requirement that the municipality correct the
29deficiencies within 60 days of receipt of the written notice
30shall be temporarily stayed, if the municipality timely

1contests the department's findings in writing.

2(3) A municipality that contests the deficiencies
3specified in the written notice shall have 30 days to reach a
4written understanding with the department related to the
5deficiencies specified in the written notice.

6(4) If the department and the municipality do not reach
7a written understanding under paragraph (3), the department
8and the municipality shall select a civil engineer licensed
9by the Commonwealth who has substantial experience in traffic
10engineering to mediate the dispute. The engineer may not be
11under contract with the department or municipality or
12municipalities unless the contract is specifically related to
13traffic signal mediation.

14(f) Failure of municipality to perform.--If a municipality
15that has entered into an agreement with the department under
16subsection (a) fails to meet the requirements of subsection (c)
17(1) or (2), the department may take action to correct the
18deficiencies specified in the notice under subsection (c).

19(g) Payment for failure to correct deficiencies.--If the
20department takes action under subsection (c), the department may
21deduct the actual costs of correcting the deficiencies in
22maintenance and timing from the payments made to the
23municipality under the act of June 1, 1956 (1955 P.L.1944,
24No.655), referred to as the Liquid Fuels Tax Municipal
25Allocation Law, and 75 Pa.C.S. Chs. 89 (relating to Pennsylvania
26Turnpike) and 95 (relating to taxes for highway maintenance and
27construction).

28CHAPTER 93

29BRIDGE BUNDLING PROGRAM

30Sec.

19301. Definitions.

29302. Bundling authorization.

39303. Bridge Bundling Program.

49304. Grant limitation exceptions.

5§ 9301. Definitions.

6The following words and phrases when used in this chapter
7shall have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9"Bridge budget act." The act of December 8, 1982 (P.L.848,
10No. 235), known as the Highway-Railroad and Highway Bridge
11Capital Budget Act for 1982-1983.

12"Department." The Department of Transportation of the
13Commonwealth.

14"Determination." A decision by the department as to the
15eligibility, recommendation and inclusion in the program.

16"Local government." A county, city, borough, town or
17township.

18"Program." The Bridge Bundling Program.

19§ 9302. Bundling authorization.

20Notwithstanding any other law, the department is authorized
21to bundle the design and construction of highway bridges owned
22by the Commonwealth or local governments as provided under this
23chapter.

24§ 9303. Bridge Bundling Program.

25(a) Establishment.--The Bridge Bundling Program is
26established within the department.

27(b) Purpose.--The purpose of the program is to save costs
28and time by allowing multiple highway bridges to be replaced or
29rehabilitated as one project for design and construction
30purposes.

1(c) Eligibility.--Bridges shall be eligible for the program
2if multiple bridges meet all of the following:

3(1) Are within geographical proximity to each other.

4(2) Are of similar size or design.

5(3) Inclusion in the program will meet the purpose of
6the program.

7(d) Implementation.--The department shall implement the
8program as follows:

9(1) The department shall annually develop a preliminary
10list from different regions of this Commonwealth, on a
11rotating basis, of bridges meeting eligibility requirements.

12(2) The department shall notify local governments owning
13bridges recommended for inclusion in that year's program.

14(3) Following receipt of notification from the
15department, the governing body of a local government shall
16have 60 days to agree or refuse participation in the program.
17Failure to respond in writing within 60 days shall be
18considered a refusal to participate in the program.

19(4) Based on the response from local governments under 
20paragraph (3), the department shall make a final 
21determination of bridges to be designed and constructed under 
22the program and provide a list to the appropriate planning 
23organizations for inclusion in lists of funded projects.

24(4.1) A determination shall not be:

25(i) considered to an adjudication under 2 Pa.C.S.
26Chs. 5 Subch. A (relating to practice and procedure of
27Commonwealth agencies) and 7 Subch. A (relating to
28judicial review of Commonwealth agency action); and

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

30(5) The following shall apply:

1(i) A local government that agrees to participate in 
2the program for one or more of its bridges that qualify 
3for the program must enter into an agreement with the 
4department. The agreement shall define the department's 
5responsibility for the design and construction of the 
6bridges and the continuing ownership and maintenance 
7responsibilities of the local government for the local 
8bridges replaced or rehabilitated under this program.

9(ii) The local government shall have 90 days from
10receipt of the agreement to execute the agreement.

11(iii) Failure to return an agreement executed by
12authorized local government officials shall be deemed a
13refusal to participate in the program.

14(6) Upon full execution of an agreement under the
15program, the department shall manage the project design and
16construction in a manner consistent with the purpose of the
17program.

18(f) Itemization.--Notwithstanding any other law, bridges
19determined to be eligible and recommended for the program by the
20department shall not require specific itemization in a capital
21budget.

22§ 9304. Grant limitation exceptions.

23(a) Exceptions.--Notwithstanding section 2(c) of the bridge
24budget act, the department shall agree to a reduction of the
25local share of costs associated with the design and construction
26of the bridge of up to 100% for a local government that
27participates in the program.

28(b) Nonparticipation.--Notwithstanding section 2(c) of the
29bridge budget act, a local government with bridges that are
30recommended for participation in the program which refuses to

1participate in the program shall be required to pay 30% of the
2non-Federal share of the costs for those local bridges.

3CHAPTER 94

4LOCAL BRIDGE MAINTENANCE

5Sec.

69401. Definitions.

79402. Maintenance of bridges under jurisdiction of municipality
8on State designated highway.

9§ 9401. Definitions.

10The following words and phrases when used in this chapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Department." The Department of Transportation of the
14Commonwealth.

15"Municipality." A county, city, borough, town or township.

16"Maintenance." The activity of keeping a bridge in proper
17working condition during the useful life of the bridge.

18"State designated highway." A highway on the system of
19highways over which the department has assumed or has been
20legislatively given jurisdiction.

21§ 9402. Maintenance of bridges under jurisdiction of
22municipality on State designated highway.

23(a) Maintenance.--If the department determines that a bridge
24on a State designated highway and under the jurisdiction of a
25municipality by agreement, court order or operation of law is
26not being maintained in accordance with the applicable
27agreement, order or law, the department shall provide written
28notice to each municipality subject to the maintenance
29responsibility no less than 60 days prior to taking action to
30correct the improper maintenance. The written notice shall

1specify the maintenance deficiencies that are to be corrected.
2The following shall apply:

3(1) A municipality with maintenance responsibility for a
4bridge on a State highway shall have 60 days to correct the
5deficiencies contained in the written notice or to contest,
6in writing, the findings of the department within 30 days of
7receipt of the written notice.

8(2) The requirement that the municipality correct the
9deficiencies within 60 days of receipt of the written notice
10shall be temporarily stayed if the municipality timely
11contests the department's findings in writing.

12(3) A municipality that contests the deficiencies
13specified in the written notice shall have 30 days to reach a
14resolution with the department related to the deficiencies
15specified in the written notice.

16(4) If the department and the municipality do not reach
17a resolution under paragraph (3), the department and the
18municipality shall select a civil engineer licensed by the
19Commonwealth who has substantial experience in bridge
20engineering to mediate the dispute. The engineer may not be
21under contract with the department or municipality or
22municipalities unless that contract is specifically related
23to bridge maintenance mediation.

24(b) Failure of municipality to perform.--If a municipality
25with maintenance responsibility for a bridge on a State highway
26fails to meet the requirements of subsection (a)(1) or (2), the
27department may take action to correct the deficiencies specified
28in the notice under subsection (a).

29(c) Payment for failure to correct deficiencies.--If the
30department takes action under subsection (a), the department may

1deduct the actual costs of correcting the deficiencies in
2maintenance from the payments made to the municipality under the
3act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the
4Liquid Fuels Tax Municipal Allocation Law, and 75 Pa.C.S. Chs.
589 (relating to Pennsylvania Turnpike) and 95 (relating to taxes
6for highway maintenance and construction), if the payments made
7to the municipality for a fiscal year is not less than the
8payments made to the municipality for fiscal year 2012-2013.

9CHAPTER 95

10PUBLIC UTILITY FACILITIES

11Sec.

129501. Adjustment.

13§ 9501. Adjustment

14(a) General rule.--The following shall apply:

15(1) If, in the construction, reconstruction, widening or 
16relocation of a State highway, bridge or tunnel or a part of 
17a State highway, bridge or tunnel, it becomes necessary, in 
18the opinion of the department, to change, alter, adjust or 
19relocate a water line or sanitary sewer owned and operated by 
20a public utility, as defined in 66 Pa.C.S. § 102 (relating to 
21definitions), the department may make the change, alteration, 
22adjustment or relocation as may be required as a part of the 
23construction, reconstruction, widening or relocation.

24(2) In addition to paragraph (1), the department may 
25also enter into agreements with the public utility for the 
26sharing of costs of the change, alteration, adjustment or 
27relocation. If, in the opinion of the department, the costs 
28should be shared by the department and a public utility and 
29the department is unable to agree with the public utility to 
30a division of costs, the department may proceed with the work
 

1and petition the Pennsylvania Public Utility Commission for a 
2determination of the costs to be borne by each party.

3(b) Declaration of policy.--A public utility under 
4subsection (a) shall be entitled to a reimbursement in a similar 
5manner and shall be subject to the same standards and methods of 
6reimbursement as a city, borough, incorporated town, township 
7and municipal authority under section 412.1 of the act of June 
81, 1945 (P.L.1242, No.428), known as the State Highway Law.

9Section 19. Title 75 is amended by adding a section to read:

10§ 1380. Suspension of registration upon unpaid tolls.

11(a) Suspension of registration.--

12(1) The department shall suspend the registration of a
13vehicle upon the notification from a tolling entity that the
14owner or registrant of the vehicle has either:

15(i) failed to pay or defaulted in the payment of six
16or more violations issued pursuant to 74 Pa.C.S. §
178117(a)(1) (relating to electronic toll collection) or
18other laws, regulations, ordinances or other standards
19applicable to the toll collection or payment requirements
20for a tolling entity; or

21(ii) incurred unpaid tolls or administrative fees or
22costs that collectively total a minimum of $500,
23regardless of the number of violations.

24(2) The suspension under paragraph (1) may not be
25construed to limit the tolling entity's ability to recoup
26tolls, administrative fees or costs by any other means
27available under the law.

28(b) Notice.--Prior to notifying the department under
29subsection (c), the tolling entity shall provide the owner or
30registrant written notice by first class mail of its intent to

1seek suspension of the vehicle registration pursuant to this
2section and afford the owner or registrant with the opportunity
3to be heard during an administrative proceeding.

4(c)  Notice to the department.--Not sooner than 30 days after
5mailing the notice under subsection (b), the tolling entity,
6provided it has entered into an agreement with the department to
7enforce the provisions of this section, may notify the
8department electronically in a format prescribed by the
9department whenever an owner or registrant meets the
10requirements for suspension under subsection (a)(1). When a
11tolling entity has provided notice under this subsection and all
12of the violations are subsequently paid, dismissed, reversed on
13appeal or canceled, the tolling entity shall notify the
14department electronically in a format prescribed by the
15department of the disposition of the violation and shall provide
16the owner or registrant with a release from the suspension.

17(d) Period of suspension.--A suspension under subsection (a)
18shall continue until the department receives notice from the
19tolling entity that the violations are paid, dismissed, reversed
20on appeal or canceled or the owner or registrant enters into an
21agreement with the tolling entity to make installment payments
22for tolls, administrative fees and costs imposed and pays the
23fee prescribed in section 1960 (relating to reinstatement of
24operating privilege or vehicle registration), provided that the
25suspension may be reimposed by the department if the owner or
26registrant fails to make regular installment payments.

27(e)  Additional suspension.--The department shall impose an
28additional period of registration suspension if, subsequent to
29the issuance of a suspension under subsection (a) but prior to
30the restoration of the registration, the department is notified

1by the tolling entity that the owner or registrant has failed to
2pay, failed to respond or defaulted in the payment of an
3additional violation issued pursuant to 74 Pa.C.S. § 8117(a)(1).

4(f) Violations outside Commonwealth.--The department shall
5suspend the registration of a vehicle upon the notification from
6a tolling entity that has entered into an enforcement agreement
7with the department as authorized under section 6146 (relating
8to enforcement agreements) for any toll violation of that state
9or an authority or for failure to pay any fine or costs imposed
10in accordance with the laws of the jurisdiction in which the
11violation occurred. A person who provides proof satisfactory to
12the department that the full amount of the fine and costs has
13been forwarded to and received by the other state may not be
14regarded as having failed to pay for the purposes of this
15subsection.

16(g) Documentation.--In any proceeding under this section,
17documents obtained by the department from a tolling entity or
18from the appropriate agency of the Commonwealth or another state
19shall be admissible into evidence to support the department's
20case. In addition, the department may treat the documents and
21reports as documents of the department and use any of the
22methods of storage permitted under the provisions of 42 Pa.C.S.
23§ 6109 (relating to photographic copies of business and public
24records) and may reproduce the documents in accordance with the
25provisions of 42 Pa.C.S. § 6103 (relating to proof of official
26records). The department may certify that it has received or
27obtained documents and reports from a tolling entity, the
28Commonwealth or other states, and the certification shall be
29prima facie proof of the facts contained in the documents and
30reports.

1(h) Three-year statute of limitations.--No suspension may be
2imposed based upon a violation of 74 Pa.C.S. § 8117(a)(1) or
3similar provision from another state more than three years after
4the violation is committed.

5(i) Collection of out-of-State tolls.--The department or a
6tolling entity may collect the civil penalties and tolls imposed
7by an out-of-State tolling entity if the department or tolling
8entity has entered into a reciprocity agreement that confirms
9all of the following:

10(1) The other state or tolling entity has its own
11effective reciprocal procedures for collecting penalties and
12tolls imposed by a Commonwealth tolling entity and agrees to
13collect penalties and tolls of the Commonwealth tolling
14entity by employing sanctions that include denial of a
15person's right to register or reregister a motor vehicle.

16(2) The penalties, exclusive of tolls, claimed by the
17other state or tolling entity against an owner of a motor
18vehicle registered in Pennsylvania do not exceed $100 for a
19first violation or $600 for all pending violations.

20(3) The other state or tolling entity provides due
21process and appeal protections to avoid the likelihood that a
22false, mistaken or unjustified claim will be pursued against
23an owner.

24(4) An owner of a motor vehicle registered in this
25Commonwealth may present evidence to the other state or
26tolling entity by mail, telephone, electronic means or other
27means to invoke rights of due process, without having to
28appear personally in the jurisdiction where the violation is
29alleged to have occurred.

30(5) The reciprocal collection agreement between the

1department or a tolling entity and the other state or tolling
2entity provides that each party may charge the other a fee
3sufficient to cover the costs of collection services,
4including costs incurred by the agency that registers motor
5vehicles.

6(j) Definition.--As used in this section, the term "tolling
7entity" means the Pennsylvania Turnpike Commission, an entity
8authorized to impose and collect tolls in accordance with the
9laws of Pennsylvania, including 74 Pa.C.S. Ch. 91 (relating to
10public-private transportation partnerships) or the laws of
11another state or states and any authorized agent of such an
12entity.

13Section 20. Sections 1786(d), 1903 and 1904(a) of Title 75
14are amended to read:

15§ 1786. Required financial responsibility.

16* * *

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

18(1) The Department of Transportation shall suspend the
19registration of a vehicle for a period of three months if it
20determines the required financial responsibility was not
21secured as required by this chapter and shall suspend the
22operating privilege of the owner or registrant for a period
23of three months if the department determines that the owner
24or registrant has operated or permitted the operation of the
25vehicle without the required financial responsibility. The
26operating privilege shall not be restored until the
27restoration fee for operating privilege provided by section
281960 (relating to reinstatement of operating privilege or
29vehicle registration) is paid.

30(1.1) In lieu of serving a registration suspension

1imposed under this section, an owner or registrant may pay to
2the department a civil penalty of $500, the restoration fee
3prescribed under section 1960 and furnish proof of financial
4responsibility in a manner determined by the department. An
5owner or registrant may exercise this option no more than
6once in a 12-month period.

7(2) Whenever the department revokes or suspends the
8registration of any vehicle under this chapter, the
9department shall not restore or transfer the registration
10until the suspension has been served or the civil penalty has 
11been paid to the department and the vehicle owner furnishes
12proof of financial responsibility in a manner determined by
13the department and submits an application for registration to
14the department, accompanied by the fee for restoration of
15registration provided by section 1960. This subsection shall
16not apply in the following circumstances:

17(i) The owner or registrant proves to the
18satisfaction of the department that the lapse in
19financial responsibility coverage was for a period of
20less than 31 days and that the owner or registrant did
21not operate or permit the operation of the vehicle during
22the period of lapse in financial responsibility.

23(ii) The owner or registrant is a member of the
24armed services of the United States, the owner or
25registrant has previously had the financial
26responsibility required by this chapter, financial
27responsibility had lapsed while the owner or registrant
28was on temporary, emergency duty and the vehicle was not
29operated during the period of lapse in financial
30responsibility. The exemption granted by this paragraph

1shall continue for 30 days after the owner or registrant
2returns from duty as long as the vehicle is not operated
3until the required financial responsibility has been
4established.

5(iii) The insurance coverage has terminated or
6financial responsibility has lapsed simultaneously with
7or subsequent to expiration of a seasonal registration,
8as provided in section 1307(a.1) (relating to period of
9registration).

10(3) An owner whose vehicle registration has been
11suspended under this subsection shall have the same right of
12appeal under section 1377 (relating to judicial review) as
13provided for in cases of the suspension of vehicle
14registration for other purposes. The filing of the appeal
15shall act as a supersedeas, and the suspension shall not be
16imposed until determination of the matter as provided in
17section 1377. The court's scope of review in an appeal from a
18vehicle registration suspension shall be limited to
19determining whether:

20(i) the vehicle is registered or of a type that is
21required to be registered under this title; and

22(ii) there has been either notice to the department
23of a lapse, termination or cancellation in the financial
24responsibility coverage as required by law for that
25vehicle or that the owner, registrant or driver was
26requested to provide proof of financial responsibility to
27the department, a police officer or another driver and
28failed to do so. Notice to the department of the lapse,
29termination or cancellation or the failure to provide the
30requested proof of financial responsibility shall create

1a presumption that the vehicle lacked the requisite
2financial responsibility. This presumption may be
3overcome by producing clear and convincing evidence that
4the vehicle was insured at all relevant times.

5(4) Where an owner or registrant's operating privilege
6has been suspended under this subsection, the owner or
7registrant shall have the same right of appeal under section
81550 (relating to judicial review) as provided for in cases
9of suspension for other reason. The court's scope of review
10in an appeal from an operating privilege suspension shall be
11limited to determining whether:

12(i) the vehicle was registered or of a type required
13to be registered under this title; and

14(ii) the owner or registrant operated or permitted
15the operation of the same vehicle when it was not covered
16by financial responsibility. The fact that an owner,
17registrant or operator of the motor vehicle failed to
18provide competent evidence of insurance or the fact that
19the department received notice of a lapse, termination or
20cancellation of insurance for the vehicle shall create a
21presumption that the vehicle lacked the requisite
22financial responsibility. This presumption may be
23overcome by producing clear and convincing evidence that
24the vehicle was insured at the time that it was driven.

25(5) An alleged lapse, cancellation or termination of a
26policy of insurance by an insurer may only be challenged by
27requesting review by the Insurance Commissioner pursuant to
28Article XX of the act of May 17, 1921 (P.L.682, No.284),
29known as The Insurance Company Law of 1921. Proof that a
30timely request has been made to the Insurance Commissioner

1for such a review shall act as a supersedeas, staying the
2suspension of registration or operating privilege under this
3section pending a determination pursuant to section 2009(a)
4of The Insurance Company Law of 1921 or, in the event that
5further review at a hearing is requested by either party, a
6final order pursuant to section 2009(i) of The Insurance
7Company Law of 1921.

8(6) The civil penalty under paragraph (1.1) shall be
9deposited into the Public Transportation Trust Fund.

10* * *

11§ 1903. Limitation on local license fees and taxes.

12[No] Except as set forth in section 1935 (relating to fee for 
13local use), no municipality shall require or collect any
14registration or license fee or tax for any vehicle or driver's
15license from any person.

16§ 1904. Collection and disposition of fees and moneys.

17[The] (a) General rule.-- Except as provided under 
18subsection (b), the department shall collect all fees payable
19under this title and all other moneys received in connection
20with the administration of this title and transmit them to the
21State Treasurer for deposit in the Motor License Fund. Moneys
22paid in error may be refunded by the department.

23(b) Disposition.--Fees collected under sections 1951(c)
24(relating to driver's license and learner's permit), 1952
25(relating to certificate of title), 1953 (relating to security
26interest), 1955 (relating to information concerning drivers and
27vehicles), 1956 (relating to certified copies of records) and
281958 (relating to certificate of inspection) shall be
29transmitted to the State Treasurer for deposit as follows:

30(1) For fiscal years 2013-2014 and 2014-2015:

1(i) 10% to the Public Transportation Trust Fund;

2(ii) 23% to the Multimodal Transportation Fund; and

3(iii) 67% to the Motor License Fund.

4(2) For fiscal years 2015-2016 and 2016-2017:

5(i) 43.6% to the Public Transportation Trust Fund;

6(ii) 23% to the Multimodal Transportation Fund; and

7(iii) 33.4% to the Motor License Fund.

8(3) For each fiscal year beginning after June 30, 2017:

9(i) 77% to the Public Transportation Trust Fund; and

10(ii) 23% to the Multimodal Transportation Fund.

11(c) Automatic four-year adjustment.--For the 48-month period
12beginning July 1, 2017, through June 30, 2021 and for each like
1348-month period thereafter, fees collected under sections
141951(c) (relating to driver's license and learner's permit),
151952 (relating to certificate of title), 1953 (relating to
16security interest), 1955 (relating to information concerning
17drivers and vehicles), 1956 (relating to certified copies of
18records) and 1958 (relating to certificate of inspection) shall
19be increased by an amount calculated by applying the percentage
20change in the Consumer Price Index for All Urban Consumers (CPI-
21U) for the most recent 48-month period, calculated from March 1
22through February 28, beginning on the date the fees charged
23under this title were last increased and for which figures have
24been officially reported by the United States Department of
25Labor, Bureau of Labor Statistics, immediately prior to the date
26the adjustment is due to take effect, to the then current fee
27amounts authorized.

28Section 20.1. Title 75 is amended by adding a section to
29read:

30§ 1935. Fee for local use.

1(a) Levy.--A county, by ordinance, may impose a fee of $5
2for each vehicle registered to an address located in the county.
3A county shall notify the department of the passage of the
4ordinance 90 days prior to the effective date of the ordinance.

5(b) Collection.--The department shall collect fees imposed
6under subsection (a) at the time a vehicle is registered and
7shall deposit the money in the Fee for Local Use Fund.

8(c) Distribution.--Money paid into the Fee for Local Use
9Fund shall be distributed in accordance with the amounts
10collected for each participating county. Funds received by the
11county shall be added to funds received under section 9010(b)
12(relating to disposition and use of tax) and shall be
13distributed in accordance with section 9010(c).

14Section 21. Sections 1951(c), 1952, 1953, 1955, 1956(a) and
151958(a) of Title 75 are amended to read:

16§ 1951. Driver's license and learner's permit.

17* * *

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

20* * *

21§ 1952. Certificate of title.

22(a) General rule.--The fee for issuance of a certificate of
23title shall be [$22.50] $45.

24(b) Manufacturer's or dealer's notification.--The fee for a
25manufacturer's or dealer's notification of acquisition of a
26vehicle from another manufacturer or dealer for resale pursuant
27to section 1113 (relating to transfer to or from manufacturer or
28dealer) shall be [$3] $5.

29§ 1953. Security interest.

30The fee for recording or changing the amount of security

1interest on a certificate of title shall be [$5] $23.

2§ 1955. Information concerning drivers and vehicles.

3(a) Drivers, registrations, titles and security interests.--
4The fee for a copy of written or electronic information relating
5to a driver, registration, title or security interest shall be
6[$5.] $6. If it has entered into a contract with a third party 
7to handle the delivery of driver information to wholesale 
8distributors, the department may impose a cost of up to $2 per 
9record in addition to the statutory fee. A wholesale distributor 
10of driver information may resell or redisclose the information 
11for lawful purposes without another payment of the statutory fee 
12upon approval from the department.

13(b) Other data and information.--The department may charge
14to any person or governmental or quasi-governmental entity a
15reasonable fee based on the cost to the department of compiling
16data and statistical information upon request. The department 
17may also sell Statewide basic driver information for lawful 
18purposes at a reasonable fee to be published by the department 
19in the Pennsylvania Bulletin. Basic driver information shall be 
20first and last name, address, driver license number, date of 
21birth, license issue date, license expiration date, original 
22date of issue and license class and type.

23§ 1956. Certified copies of records.

24(a) Department records.--The fee for a certified copy of any
25department record which the department is authorized by law to
26furnish to the public shall be [$5] $20 for each form or
27supporting document comprising such record.

28* * *

29§ 1958. Certificate of inspection.

30(a) General rule.--The department shall charge [$2] $5 for

1each annual certificate of inspection [and $1], $3 for each
2semiannual certificate of inspection and $2 for each certificate 
3of exemption.

4* * *

5Section 21.1. The definition of "qualified motor vehicle" in
6section 2101.1 of Title 75 is amended and the section is amended
7by adding definitions to read:

8§ 2101.1. Definitions.

9The following words and phrases when used in this chapter and
10in Chapter 96 (relating to motor carriers road tax) shall have
11the meanings given to them in this section unless the context
12clearly indicates otherwise:

13"Department." The Department of Revenue of the Commonwealth.

14* * *

15"IFTA vehicle." A vehicle subject to the International Fuel
16Tax Agreement, notwithstanding an exemption for the vehicle
17provided by the law of an IFTA jurisdiction, including this
18Commonwealth.

19* * *

20"Qualified motor vehicle." A motor vehicle, other than a
21recreational vehicle, which is used, designed or maintained for
22transportation of persons or property and:

23(1) Having two axles and a gross weight or registered
24gross weight exceeding 26,000 pounds.

25(2) Having three or more axles regardless of weight.

26(3) Used in combination, when the gross weight or
27registered gross weight of the combination exceeds 26,000
28pounds.

29If there is no registered gross weight, then the gross vehicle
30weight rating (GVWR) or gross combination weight rating (GCWR)

1of the motor vehicle shall be used. Special mobile equipment 
2that would otherwise qualify under only paragraph (1), (2) or
3(3) is considered a qualified motor vehicle. The term includes a 
4vehicle exempt from the motor carrier road tax under section 
52105 (relating to exemptions) and a vehicle exempt from motor 
6fuel taxes under Chapter 90 (relating to liquid fuels, fuels tax 
7and electric vehicle road fee).

8"Special mobile equipment." The term includes the special
9mobile equipment registered and plated as such by the Department
10of Transportation under Chapter 13 (relating to registration of
11vehicles).

12Section 21.2. Sections 2102(b) and (d)(2) and 2103(a) and
13(a.1) of Title 75 are amended and the sections are amended by
14adding subsections to read:

15§ 2102. Identification markers and license or road tax
16registration card required.

17* * *

18(a.1) IFTA decals, changes in disposition, tax liability and
19recordkeeping.--

20(1) An IFTA licensee is responsible for notifying the
21department in writing of a change to the licensee's IFTA
22account including, but not limited to, an account
23cancellation, address change and change to the use of issued
24decals.

25(i) When a vehicle to which IFTA decals have been
26affixed is sold, traded or otherwise disposed of by the
27operator or passes from control of the operator through
28lease or otherwise, the motor carrier must notify the
29department within 30 days after the vehicle leaves the
30licensee's service. Proper notification must include the

1taxpayer's or carrier's account number, tractor
2registration plate number, the date of disposition change
3and the name and address of the person in possession of
4the vehicle. This notification must be mailed, faxed or
5e-mailed to the department.

6(ii) Canceled decals, if recoverable, must remain in
7the licensee's files for at least four years for auditing
8purposes.

9(2) A licensee to whom an identification card and decals
10were issued shall be liable for taxes applicable to the
11operations of the vehicles licensed until the date the
12department receives proper notification of disposition or
13loss of control of the vehicles licensed. The licensee's
14liability for such vehicles will terminate upon the date of
15disposition or loss of control if the carrier provides the
16department notification of vehicle disposition or loss of
17control of the licensed vehicles within 30 days of
18disposition or loss of control.

19(3) For carriers using independent contractors under
20long-term leases that are 30 days or longer, the lessor and
21lessee may designate which party will report and pay fuel use
22tax. In the absence of a written agreement or contract or if
23the document is silent regarding responsibility for reporting
24and paying fuel use tax, the lessee will be responsible for
25reporting and paying fuel use tax.

26(4) Decals cannot be transferred from one vehicle to
27another or from one company to another.

28(5) Unless otherwise provided for by statute, once a
29decaled or licensed vehicle passes control from a taxpayer to
30another, the decal and license are void immediately.

1(6) A decal purchased but unused during a registration
2year must be kept in the licensee's files for four years for
3auditing purposes.

4(7) If the carrier fails to notify the department of
5changes in disposition of decals, the carrier may provide the
6department with:

7(i) evidence of the carrier's written policy
8requiring canceled decals to be returned; and

9(ii) physical evidence that the decals were removed.

10The department may consider the evidence in lieu of timely
11notification as required in this section.

12(7.1) A vehicle bearing an IFTA decal is considered an
13IFTA vehicle.

14(8) The provisions of this subsection do not apply if
15the vehicle has been stolen and a report of the theft has
16been made to an appropriate law enforcement agency.

17(a.2) Application.--The application must set forth the names
18and addresses of the principal officers or owners of the entity
19and other information prescribed by the department for purposes
20of identification. The application must be signed and verified
21by oath or affirmation by:

22(1) the owner, if the applicant is an individual;

23(2) a member or partner, if the applicant is an
24association; or

25(3) an officer or an individual authorized in writing
26attached to the application, if the applicant is a
27corporation.

28(b) Fee.--[The fee for issuance of identification markers
29shall be $5 per vehicle.] The department may charge an 
30administrative fee for issuance of identification markers for
 

1each qualified motor vehicle.

2* * *

3(d) Operation without identification markers unlawful.--
4Except as provided in paragraphs (2) and (3), it shall be
5unlawful to operate or to cause to be operated in this
6Commonwealth any qualified motor vehicle unless the vehicle
7bears the identification markers required by this section or
8valid and unrevoked IFTA identification markers issued by
9another IFTA jurisdiction.

10* * *

11(2) For a period not exceeding 30 days as to any one
12motor carrier, the Secretary of Revenue by letter or telegram
13may authorize the operation of a qualified motor vehicle or
14vehicles without the identification markers required when
15both the following are applicable:

16(i) enforcement of this section for that period
17would cause undue delay and hardship in the operation of
18such qualified motor vehicle; and

19(ii) the motor carrier is registered and/or licensed
20for the motor carriers road tax with the Department of
21Revenue or has filed an application therefor with the
22Department of Revenue:

23(A) The department may charge an administrative
24fee for such temporary permits [shall be $5] for each
25qualified motor vehicle which shall be deposited in
26the Highway Bridge Improvement Restricted Account
27within the Motor License Fund.

28(B) Conditions for the issuance of such permits
29shall be set forth in regulations promulgated by the
30Department of Revenue.

1(C) A temporary permit issued by another IFTA
2jurisdiction under authority similar to this
3paragraph shall be accorded the same effect as a
4temporary permit issued under this paragraph.

5* * *

6§ 2103. False statements and penalties.

7(a) False statements.--Any person who willfully and
8knowingly makes, publishes, delivers or utters a false statement
9orally, or in writing, or in the form of a receipt for the sale
10of motor fuel, for the purpose of obtaining or attempting to
11obtain, or to assist any person to obtain or attempt to obtain,
12a credit or refund or reduction of liability for taxes under
13this chapter or Chapter 96 (relating to motor carriers road tax)
14shall be guilty of a summary offense and, upon conviction
15thereof, for a first offense shall be sentenced to pay a fine of
16not less than $100 nor more than [$500] $1,000; and for each
17subsequent or additional offense, a fine of not less than $200
18nor more than [$500] $2,000, or undergo imprisonment for a term
19not exceeding 90 days, or both.

20(a.1) Operation without identification marker.--
21Notwithstanding the provisions of subsection (b), any person who
22violates section 2102(d) (relating to identification markers
23required) and who can adequately establish an absence of knowing
24and willful intent shall be guilty of a summary offense [and
25shall be sentenced to pay a fine of $25].

26(a.2) Accountability for decals.--Notwithstanding the
27provisions of subsection (b), a person who, upon inspection,
28examination or audit by the department, cannot account for the
29IFTA decals issued to the person commits a summary offense and
30shall be sentenced to pay a fine of not less than $500 nor more

1than $1,000 per each unaccounted decal.

2* * *

3Section 21.3. Section 2105 of Title 75 is amended to read:

4§ 2105. Exemptions.

5[(a) General rule.--The requirements of this chapter and
6Chapter 96 (relating to motor carriers road tax) do not apply to
7the following vehicles:

8(1) A qualified motor vehicle bearing a Pennsylvania
9farm vehicle registration plate and operated in accordance
10with the restrictions of section 1344 (relating to use of
11farm vehicle plates) or a qualified motor vehicle registered
12and operated under provisions of another jurisdiction
13determined by the Department of Revenue to be similar to
14those restrictions.

15(2) A qualified motor vehicle exempt from registration
16as a farm vehicle and operated in accordance with the
17restrictions of section 1302(10) (relating to vehicles exempt
18from registration) or a qualified motor vehicle operated
19under provisions of another jurisdiction determined by the
20Department of Revenue to be similar to those restrictions.

21(3) An emergency vehicle as defined by section 102
22(relating to definitions).

23(4) A qualified motor vehicle operated by or on behalf
24of any department, board or commission of the Commonwealth,
25or any political subdivision thereof, or any quasi-
26governmental authority of which this Commonwealth is a
27participating member, or any agency of the Federal Government
28or the District of Columbia, any foreign country, or of any
29state or any political subdivision thereof which grants
30similar exemptions to publicly owned vehicles registered in

1this Commonwealth.

2(5) A school bus.

3(5.1) A motorbus owned by and registered to a church.

4(6) An implement of husbandry as defined by section 102.

5(7) Special mobile equipment as defined by section 102.

6(8) An unladen or towed motor vehicle or unladen trailer
7which enters this Commonwealth solely for the purpose of
8securing repairs or reconditioning. The repair facility shall
9furnish to the motor carrier a certificate to be carried by
10the qualified motor vehicle operator while the vehicle is in
11this Commonwealth for the purposes of this paragraph.

12(9) A qualified motor vehicle needing emergency repairs
13which secures authorization from the Pennsylvania State
14Police to enter this Commonwealth under this section.

15(10) A commercial implement of husbandry.]

16(a) Exempt entities.--Any motor carrier that is exempt from
17motor fuels taxes under section 9004(e) (relating to imposition
18of tax, exemptions and deductions) shall be exempt from the
19motor carriers road tax imposed under Chapter 96 (relating to
20motor carriers road tax). The motor carrier is not required to
21do any of the following:

22(1) Display any road tax identification markers.

23(2) Carry a cab card.

24(3) File motor carrier road tax report.

25(b) Vehicle exemptions.--The following Pennsylvania-licensed
26and registered vehicles, if traveling only within this
27Commonwealth and no other jurisdictions, are exempt from the
28motor carriers road tax imposed under Chapter 96 and are not
29required to report or display road tax identification markers:

30(1) A qualified motor vehicle bearing a Pennsylvania
 

1farm vehicle registration plate and operated in accordance 
2with the restrictions under section 1344 (relating to use of 
3farm vehicle plates) or a qualified motor vehicle registered 
4and operated under provisions of another jurisdiction 
5determined by the Department of Revenue to be similar to the 
6restrictions under section 1344.

7(2) A qualified motor vehicle exempt from registration
8as a farm vehicle and operated in accordance with the
9restrictions under section 1302(10) (relating to vehicles
10exempt from registration) or a qualified motor vehicle
11operated under provisions of another jurisdiction determined
12by the Department of Revenue to be similar to the
13restrictions under section 1302(10).

14(3) An emergency vehicle.

15(4) A qualified motor vehicle operated by or on behalf
16of any department, board or commission of the Commonwealth,
17or any political subdivision thereof, or any quasi-
18governmental authority of which the Commonwealth is a
19participating member, or any agency of the Federal Government
20or the District of Columbia, any foreign country or of any
21state or any political subdivision thereof which grants
22similar exemptions to publicly owned vehicles registered in
23this Commonwealth.

24(5) A school bus qualifying for exemption under section
259004(e)(5) (relating to imposition of tax, exemptions and
26deductions).

27(5.1) A motorbus owned by and registered to a church.

28(6) An implement of husbandry.

29(7) Special mobile equipment.

30(8) A commercial implement of husbandry.

1(c) Special vehicle exemptions.--The following types of
2vehicles entering this Commonwealth are exempt from the motor
3carriers road tax imposed under Chapter 96 and are not required
4to report or display road tax identification markers:

5(1) An unladen or towed motor vehicle or unladen trailer
6which enters this Commonwealth solely for the purpose of
7securing repairs or reconditioning. The repair facility shall
8furnish to the motor carrier a certificate to be carried by
9the qualified motor vehicle operator while the vehicle is in
10this Commonwealth.

11(2) A qualified motor vehicle needing emergency repairs
12which secures authorization from the Pennsylvania State
13Police to enter this Commonwealth.

14(d) Recordkeeping requirements.--All qualified motor
15vehicles, regardless whether or not the vehicle is exempt from
16the motor carrier road tax under this section, must maintain
17proper records of travel routes, fuel and miles, in accordance
18with the recordkeeping provisions of section 9610 (relating to
19records).

20(e) Motor carrier road tax imposed.--Notwithstanding
21subsections (a) and (b), the department may impose the motor
22carrier road tax imposed under Chapter 96 on any qualified motor
23vehicle for which proper records are not available to
24substantiate travel routes, fuel and miles, in accordance with
25the recordkeeping provisions of section 9610.

26(f) IFTA reporting required for interstate travel.--The
27following shall apply:

28(1) Notwithstanding the exemptions under subsections (a)
29and (b), any qualified motor vehicle registered in this
30Commonwealth that travels in any IFTA jurisdiction requiring

1the payment of motor carrier road tax or its equivalent may
2be licensed as an IFTA vehicle by the Commonwealth in
3accordance with IFTA licensing provisions. Any vehicle
4holding or displaying IFTA credentials must file IFTA reports
5and corresponding payments to a base jurisdiction, even if
6the vehicle is exempt from motor carrier road taxes in this
7Commonwealth.

8(2) A vehicle obtaining trip permits under section
92102(d)(3) (relating to identification markers and license or
10road tax registration card required) for each trip within
11this Commonwealth is exempt from IFTA licensing and reporting
12for the permitted trips.

13[(b)] (g) Regulations.--The Department of Revenue may
14promulgate regulations to implement this section.

15Section 21.4. Title 75 is amended by adding sections to
16read:

17§ 2106. Uncollectible payments.

18If the payment of a tax, penalty or interest imposed by this
19chapter is returned to the department as uncollectible, the
20department shall follow section 3003.9 of the act of March 4,
211971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

22§ 2107. Emergency proclamations.

23(a) Emergencies declared within this Commonwealth.--Upon the
24Governor's declaration of a state of emergency for this
25Commonwealth, the Secretary of Revenue may waive, suspend or
26otherwise modify any provisions of this chapter for the purpose
27of enabling motor carriers to respond to emergency conditions
28and to conduct timely emergency relief efforts. The waivers,
29suspensions or modifications shall be effective for a specific
30period of time as determined by the Secretary of Revenue and

1shall not exceed the termination of the state of emergency
2declared by the Governor.

3(b) Emergencies declared outside this Commonwealth.--The
4Secretary of Revenue, with prior authorization from the
5Governor, may waive, suspend or otherwise modify any provisions
6of this chapter on a temporary and indefinite basis to
7facilitate the timely movement of vehicles or fuel from and
8through this Commonwealth to other jurisdictions requesting
9assistance from the Commonwealth.

10(c) Recordkeeping.--Notwithstanding subsections (a) and (b),
11each distributor, exempt entity or other person who buys, sells
12or uses liquid fuels, fuels or alternative fuels under the terms
13of an emergency declaration must maintain records to
14substantiate participation in emergency relief efforts. Motor
15carriers shall maintain records substantiating the purchase and
16use of tax-free fuels in this Commonwealth during the period of
17the declared emergency.

18(d) Taxes not waived.--Unless specifically suspended by the
19Secretary of Revenue, liquid fuels, fuels and alternative fuels
20taxes are not waived for emergencies determined under subsection
21(a) or (b).

22Section 21.5. Section 3111 of Title 75 is amended by adding
23a subsection to read:

24§ 3111. Obedience to traffic-control devices.

25* * *

26(a.1) Penalty.--

27(1) A person who violates this section commits a summary
28offense and shall, upon conviction, pay a fine of $75.

29(2) Notwithstanding 42 Pa.C.S. § 3733(a) (relating to
30deposits into account), a fine under paragraph (1) shall be

1distributed as follows:

2(i) Twenty-five dollars shall be deposited as
3provided under 42 Pa.C.S. § 3733(a).

4(ii) After deposit of the amount under subparagraph
5(i), the remaining portion of the fine shall be deposited
6into the Public Transportation Trust Fund.

7* * *

8Section 22. Section 4902(a) and (c) of Title 75 are amended
9and the section is amended by adding subsections to read:

10§ 4902. Restrictions on use of highways and bridges.

11(a) Restrictions based on condition of highway or bridge.--
12The following shall apply

13(1) The Commonwealth and local authorities with respect
14to highways and bridges under their jurisdictions may
15prohibit the operation of vehicles and may impose
16restrictions as to the weight or size of vehicles operated
17upon a highway or bridge only when they determine by
18conducting an engineering and traffic study as provided for
19in department regulations that the highway or bridge may be
20damaged or destroyed unless use by vehicles is prohibited or
21the permissible size or weight of vehicles is reduced.

22(2) The following shall apply:

23(i) School buses, emergency vehicles and vehicles
24making local deliveries or pickups may be exempted from
25restrictions on the use of highways imposed under this
26subsection.

27(ii) The department may issue a statement of policy,
28which shall take effect upon publication in the
29Pennsylvania Bulletin, adopting an appropriate
30methodology to provide letters of local determination

1that identify particular vehicles, routes or uses as
2local in nature.

3(iii) The methodology under subparagraph (ii) may
4allow for exemptions from 67 Pa. Code Ch. 189 (relating
5to hauling in excess of posted weight limit) related to
6at-risk industry sectors experiencing a 20% decline in
7Statewide employment between March 2002 and March 2011.

8(iv) The exemptions and related requirements under
9subparagraph (iii) may remain in existence until December
1031, 2018. Exemptions for local delivery or pickup may not
11include traffic going to or coming from a site at which
12minerals, gas or natural resources are developed,
13harvested or extracted, notwithstanding whether the site
14is located at a residence, a commercial site or on
15farmland.

16* * *

17(c) Permits and security.--The Commonwealth and local
18authorities may issue permits for movement of vehicles of size
19and weight in excess of restrictions promulgated under
20subsections (a) and (b) with respect to highways and bridges
21under their jurisdiction and may require such undertaking or
22security as they deem necessary to cover the cost of repairs and
23restoration necessitated by the permitted movement of vehicles.
24In reference to subsection (a), the Commonwealth and local
25authorities shall not refuse to issue a permit with respect to a
26highway under their jurisdiction if there is no reasonable
27alternate route available. For purposes of this section,
28"reasonable alternate route" shall mean a route meeting the
29criteria set forth in department regulations relating to traffic
30and engineering studies. The department may establish the types
 

1of permits and agreements that may be issued. The following 
2shall apply:

3(1) Permits may be for long-term or short-term use of
4the posted highways.

5(2) The department may require multiple vehicles
6traveling to or from a single destination to operate pursuant
7to a single permit.

8(3) The department may establish a permit type allowing
9the posting authority to determine that damage to the posted
10highway covered by the permit will be minimal. This type of
11permit may include categories based on the number and kinds
12of loads expected, including a category providing that use of
13the posted highway under a single minimum use permit of less
14than 700 loads per year shall not require an agreement or
15security. The department may alter the 700 loads per year
16minimum use threshold if it determines the structural
17capacity of the state highways can accept a higher or lower
18amount of over-posted weight traffic. The department may
19express the threshold as a loads-per-day, loads-per-week, or
20loads-per-month number.

21(4) The department may restrict use of permits during
22thaw periods as determined by the department.

23(5) The department may determine that hauling related to
24unconventional oil and gas development is excluded from
25minimum use status based on its disproportionate and
26qualitatively different impact upon highways and bridges.

27(6) The department shall promulgate regulations to
28implement this section. Regulations promulgated by the
29department under this section shall not be subject to the
30proposed rulemaking provisions of the act of July 31, 1968

1(P.L.769, No.240) referred to as the Commonwealth Documents
2Law, or the act of June 25, 1982 (P.L.633, No.181) known as
3the Regulatory Review Act.

4* * *

5(h) (Reserved).

6(i) Authority to conduct investigations and audits.--The
7Commonwealth and local authorities may conduct or cause to be
8conducted investigations and audits of a person or entity to
9determine if there has been a violation of this section,
10pertinent regulations or agreements.

11(j) Authority to suspend, revoke or deny permits.--The
12Commonwealth and local authorities may suspend, revoke or deny
13permits and agreements if it is determined by the Commonwealth
14or a local authority that there has been a violation of this
15section, pertinent regulations or agreements, notwithstanding
16any other provision of this section.

17Section 22.1. Section 4968(a.1)(3), (a.2)(4) and (b) of
18Title 75, amended October 24, 2012 (P.L.1473, No.187), are
19amended to read:

20§ 4968. Permit for movement during course of manufacture.

21(a.1) General rule.--An annual permit may be issued
22authorizing movement on specified highways of:

23* * *

24(3) aircraft refueling vehicles or vehicles and
25combinations carrying [raw] milk, raw coal, flat-rolled steel
26coils, steel slabs, hot ingots, a hot box, pulpwood and wood
27chips, raw water or cryogenic liquid which exceed the maximum
28weight specified in Subchapter C while they are in the course
29of manufacture and under contract with or under the direct
30control of the manufacturer, provided that they do not exceed

1the maximum height, width or length specified in Subchapter B
2unless they also qualify under paragraph (1), subject to the
3provisions in subsection (a.2).

4(a.2) Specifications.--

5* * *

6(4) A combination of vehicles which is hauling [raw]
7milk to or from a manufacturer may be permitted by the
8department and local authorities to move upon highways within
9their respective jurisdictions 24 hours a day, seven days a
10week, except during inclement weather as defined in
11department regulations, if the gross weight does not exceed
1295,000 pounds and the weight of any nonsteering axle does not
13exceed 21,000 pounds. No permit may be issued for this type
14of movement upon an interstate highway. An application to the 
15department for the movement of milk, except for raw milk, 
16must designate the route the applicant requests to use.

17* * *

18(b) Definitions.--As used in this section, the following
19words and phrases shall have the meanings given to them in this
20subsection:

21"Bulk milk." The term shall mean milk, as defined in section
221 of the act of July 2, 1935 (P.L.589, No.210), referred to as
23the Milk Sanitation Law, which is not transported in packages.

24"Condensed milk" and "evaporated milk." The term shall mean
25manufactured dairy products as defined in section 1 of the Milk
26Sanitation Law, which is not transported in packages.

27"Hot box." Consists of an enclosure consisting of welded
28steel plate chained to a semitrailer with a removable lid lined
29with refraction for purposes of insulation and retention of
30heat.

1"Milk." Any of the following:

2(1) Bulk milk.

3(2) Cream.

4(3) Plain or sweetened evaporated milk.

5(4) Raw milk.

6(5) Skim or whole condensed milk.

7(6) Skimmed milk.

8"Raw milk." Has the meaning given to it in the [act of July
92, 1935 (P.L.589, No.210), referred to as the] Milk Sanitation
10Law.

11Section 23. Section 6110(b) of Title 75 is amended to read:

12§ 6110. Regulation of traffic on Pennsylvania Turnpike.

13* * *

14(b) Penalties.--

15(1) Except as otherwise provided in this subsection, any
16person violating any of the rules and regulations of the
17Pennsylvania Turnpike Commission for which no penalty has
18otherwise been provided by statute commits a summary offense
19and shall, upon conviction, be sentenced to pay a fine of
20$25.

21(2) Any person violating any of the rules and
22regulations of the commission prohibiting fare evasion or
23attempted fare evasion commits a summary offense and shall,
24upon conviction for the first time, be sentenced to pay a
25fine according to the classification by the commission of the
26vehicle driven by that person at the time of violation as
27follows:

28(i) Class 1 through 2: $100.

29(ii) Class 3 through 6: $500.

30(iii) Class 7 and higher: $1,000.

1(3) In addition to the fines imposed under this
2subsection, restitution shall be made to the commission in an
3amount equal to the full fare, for the appropriate vehicle
4class, from the farthest point of entry on the turnpike to
5the actual point of exit.

6(3.1) (i) A person who, while traveling upon the
7Pennsylvania Turnpike or a road under its control, takes
8an affirmative action in an attempt to evade tolls
9commits a misdemeanor of the third degree, and shall,
10upon conviction, be sentenced to pay a fine of $6,500 and
11to undergo imprisonment for not less than 60 days. For
12the purposes of this subsection, affirmative action shall
13include any of the following:

14(A) Removal of license plates from the vehicle
15to impede electronic toll collection.

16(B) Installation of a mechanism that rotates,
17changes, blocks or otherwise mechanically alters the
18ability of a license plate to be read by a violation
19enforcement system as defined under 74 Pa.C.S. § 8102
20(relating to definitions).

21(C) Installation of a mechanical apparatus upon
22the vehicle that serves the sole purpose of masking,
23hiding or manipulating the true weight of the vehicle
24as it appears to a mechanical scale.

25(D) Conspiring with an individual or group of
26individuals in an attempt to alter, lower or evade
27payment of correct tolls.

28(E) Unauthorized use of Pennsylvania Turnpike
29private gate access or otherwise unauthorized
30movement entering or exiting the turnpike other than

1at approved interchanges.

2(F) Any other action taken for the purpose of
3evading the payment of a toll.

4(ii) A violation of this paragraph may not preclude
5prosecution under section 1332 (relating to display of
6registration plate), section 7122 (relating to altered,
7forged or counterfeit documents and plates) or section
87124 (relating to fraudulent use or removal of
9registration plate).

10Section 24. The definitions of "annual additional payments,"
11"annual base payments" and "scheduled annual commission 
12contributions" in section 8901 of Title 75 are amended to read:

13§ 8901. 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"Annual additional payments." As follows:

18(1) During the conversion period and after the
19conversion date, an amount equal to the scheduled annual
20commission contribution, minus the sum of:

21[(i) $200,000,000 paid as annual base payments;]

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

23(2) If the conversion period has expired and a
24conversion notice has not been received by the secretary, in
25each subsequent fiscal year [until the end of the term of the
26lease agreement] through fiscal year 2020-2021, the annual
27additional payments shall be $250,000,000. No annual 
28additional payments shall be due after fiscal year 2020-2021.

29"Annual base payments." An amount equal to the sum of the
30following:

1(1) Annual debt service on outstanding bonds issued
2under section 9511.2 (relating to special revenue bonds)
3payable as required pursuant to the bonds.

4[(2) Two hundred million dollars payable annually in
5four equal installments each due the last business day of
6each July, October, January and April.] No annual base 
7payments shall be due after fiscal year 2012-2013.

8* * *

9"Scheduled annual commission contribution." The following
10amounts:

11(1) $750,000,000 in fiscal year 2007-2008.

12(2) $850,000,000 in fiscal year 2008-2009.

13(3) $900,000,000 in fiscal year 2009-2010.

14(4) For fiscal year 2010-2011 and each fiscal year
15thereafter, the amount shall be the amount calculated for the
16previous year increased by 2.5%, except that the amount shall
17be equal to the annual base payments plus $250,000,000 if the
18conversion notice is not received by the secretary prior to
19the expiration of the conversion period. No scheduled annual 
20commission contribution shall be due after fiscal year 2020-
212021.

22Section 25. Sections 8915.3(1) and 8815.6(b)(1) of Title 75
23are amended to read:

24§ 8915.3. Lease of Interstate 80; related agreements.

25The department and the commission shall enter into a lease
26agreement relating to Interstate 80 prior to October 15, 2007.
27The lease agreement shall include provisions setting forth the
28terms and conditions of the conversion of Interstate 80 to a
29toll road. The lease agreement and any related agreement, at a
30minimum, shall include the following:

1(1) A provision that the term of the lease agreement
2shall be 50 years, unless:

3(i) extended upon mutual agreement of the parties to
4the lease agreement and upon approval of the General
5Assembly[.]; or

6(ii) reduced or terminated upon mutual agreement of
7the parties to the lease agreement.

8* * *

9§ 8915.6. Deposit and distribution of funds.

10* * *

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

12[(1) Annually, 15% of the amount deposited in any fiscal
13year under subsection (a) shall be distributed at the
14discretion of the secretary.]

15* * *

16Section 25.1. Chapter 90 heading of Title 75 is amended to
17read:

18CHAPTER 90

19LIQUID FUELS [AND], FUELS TAX

20AND ELECTRIC VEHICLE ROAD FEE

21Section 25.2. Chapter 90 of Title 75 is amended by adding a
22subchapter heading to read:

23SUBCHAPTER A

24PRELIMINARY PROVISIONS

25Section 26. Section 9002 of Title 75 is amended to read:

26§ 9002. Definitions.

27The following words and phrases when used in this chapter
28shall have the meanings given to them in this section unless the
29context clearly indicates otherwise:

30"Alternative fuels." Natural gas, compressed natural gas

1(CNG), liquified natural gas (LNG), liquid propane gas and
2liquified petroleum gas (LPG), alcohols, E85 gasoline-alcohol
3mixtures containing [at least] greater than 85% alcohol by
4volume, hydrogen, hythane [, electricity] and any other fuel
5used to propel motor vehicles on the public highways which is
6not taxable as fuels or liquid fuels under this chapter. The 
7foregoing liquids or gases that will not be used to propel a 
8motor vehicle on the public highways and are not taxable as 
9fuels or liquid fuels under this chapter may not be considered 
10motor fuels for purposes of this chapter. The term does not 
11include electricity.

12["Alternative fuel dealer-user." Any person who delivers or
13places alternative fuels into the fuel supply tank or other
14device of a vehicle for use on the public highways.]

15"Association." A partnership, limited partnership or any
16other form of unincorporated enterprise owned by two or more
17persons.

18"Average annual vehicle fuel tax." The average annual amount
19of motor fuel taxes paid by a Pennsylvania-registered vehicle.

20"Average wholesale price." [The average wholesale price per
21gallon of all taxable liquid fuels and fuels, excluding the
22Federal excise tax and all liquid fuels taxes, as determined by
23the Department of Revenue for the 12-month period ending on the
24September 30 immediately prior to January 1 of the year for
25which the rate is to be set. In no case shall the average
26wholesale price be less than 90¢ nor more than $1.25 per
27gallon.] The average wholesale price per gallon of all taxable 
28liquid fuels and fuels, excluding the Federal excise tax and all 
29liquid fuels taxes shall be as follows:

30(1) For fiscal year 2013-2014 and for July 1, 2014, to

1December 31, 2014, the average wholesale price shall be
2$1.87.

3(2) For calendar years 2015 and 2016, the average
4wholesale price shall be $2.49 per gallon.

5(3) For calendar year 2017 and each calendar year
6thereafter, the average wholesale price shall be as determined
7by the Department of Revenue for the 12-month period ending on
8the September 30 immediately prior to January 1 of the year for
9which the rate is to be set. In no case shall the average
10wholesale price be less than $2.49.

11"Blended fuel." A mixture composed of motor fuels and
12another liquid, other than an additive, that may be used as a
13motor fuel in a highway vehicle.

14"Blender." A person who produces blended fuel outside the
15terminal transfer system.

16"Blender permit." A class of distributor permit authorizing
17the use of motor fuels upon which the tax has not been paid for
18blending.

19"CAFE standards." The corporate average fuel economy, as
20established by the Federal Government.

21"Cents-per-gallon equivalent basis." The average wholesale
22price per gallon multiplied by the decimal equivalent of any tax
23imposed by section 9502 (relating to imposition of tax), the
24product of which is rounded to the next highest tenth of a cent
25per gallon. The rate of tax shall be determined by the
26Department of Revenue on an annual basis beginning every January
271 and shall be published as a notice in the Pennsylvania
28Bulletin no later than the preceding December 15. In the event
29of a change in the rate of tax imposed by section 9502, the
30department shall redetermine the rate of tax as of the effective

1date of such change and give notice as soon as possible.

2"Corporation." A corporation or joint stock association
3organized under the laws of this Commonwealth, the United States
4or any other state, territory or foreign country or dependency.

5"Dealer." Any person engaged in the retail sale of [liquid
6fuels or fuels] motor fuels.

7"Department." The Department of Revenue of the Commonwealth.

8"Diesel fuel." Any liquid, other than liquid fuels, which is
9suitable for use as a fuel in a diesel-powered highway vehicle.
10The term includes kerosene and biodiesel.

11"Distributor." Any person that:

12(1) Produces, refines, prepares, blends, distills,
13manufactures or compounds [liquid fuels or fuels] motor fuels
14in this Commonwealth for the person's use or for sale and
15delivery in this Commonwealth.

16(2) Imports or causes to be imported from any other
17state or territory of the United States or from a foreign
18country [liquid fuels or fuels] motor fuels for the person's
19use in this Commonwealth or for sale and delivery in and
20after reaching this Commonwealth, other than in the original
21package, receptacle or container.

22(3) Imports or causes to be imported from any other
23state or territory of the United States [liquid fuels or
24fuels] motor fuels for the person's use in this Commonwealth
25or for sale and delivery in this Commonwealth after they have
26come to rest or storage in the other state or territory,
27whether or not in the original package, receptacle or
28container.

29(4) Purchases or receives [liquid fuels or fuels] motor 
30fuels in the original package, receptacle or container in

1this Commonwealth for the person's use or for sale and
2delivery in this Commonwealth from any person who has
3imported them from a foreign country.

4(5) Purchases or receives [liquid fuels or fuels] motor 
5fuels in the original package, receptacle or container in
6this Commonwealth for the person's use in this Commonwealth
7or for sale and delivery in this Commonwealth from any person
8who has imported them from any other state or territory of
9the United States if the [liquid fuels or fuels] motor fuels
10have not, prior to purchase or receipt, come to rest or
11storage in this Commonwealth.

12(6) Receives and uses or distributes [liquid fuels or
13fuels] motor fuels in this Commonwealth on which the tax
14provided for in this chapter has not been previously paid.

15(7) Owns or operates aircraft, aircraft engines or
16facilities for delivery of [liquid fuels] motor fuels to
17aircraft or aircraft engines and elects, with the permission
18of the Secretary of Revenue, to qualify and obtain a permit
19as a distributor.

20(8) Exports [liquid fuels or fuels] motor fuels other
21than in the fuel supply tanks of motor vehicles.

22"Dyed diesel fuel." Any liquid, other than liquid fuels,
23which is suitable for use as a fuel in a diesel-powered highway
24vehicle and which is dyed pursuant to Federal regulations issued
25under section 4082 of the Internal Revenue Code of 1986 (Public
26Law 99-514, 26 U.S.C. § 4082) or which is a dyed fuel for
27purposes of section 6715 of the Internal Revenue Code of 1986
28(26 U.S.C. § 6715).

29"E85." Fuel ethanol conforming to ASTM D5798-11 standards,
30as amended, or successor standards.

1"Electric vehicle." The term includes electric vehicles and
2hybrid electric vehicles.

3"Electric vehicle road fee." The annual fee imposed under
4Subchapter C (relating to electric vehicle road fee), in place
5of a motor fuel tax assessed upon electricity used in highway
6vehicles.

7"Exempt entity." A person exempt under section 9004(e)
8(relating to imposition of tax, exemptions and deductions) from
9reporting and paying a motor fuels tax.

10"Export." Accountable liquid fuels or fuels delivered out of
11State by or for the seller constitutes an export by the seller.
12Accountable liquid fuels or fuels delivered out of State by or
13for the purchaser constitutes an export by the purchaser.

14"Fuels." Includes diesel fuel and all combustible gases and
15liquids used for the generation of power in aircraft or aircraft
16engines or used in an internal combustion engine for the
17generation of power to propel vehicles on the public highways.
18The term does not include liquid fuels or dyed diesel fuel.

19"Gallon equivalent basis." The amount of any alternative
20fuel as determined by the department to [contain 114,500 BTU's]
21equal the energy content of one gallon of liquid fuels or fuels.
22The rate of tax on the amount of each alternative fuel as
23determined by the department under the previous sentence shall
24be the current liquid fuels tax and oil company franchise tax
25applicable to one gallon of gasoline.

26"Gasoline gallon equivalent" or "GGE." The amount of
27alternative fuel it takes to equal the energy content of one
28gallon of gasoline.

29"Highway." Every way or place open to the use of the public,
30as a matter of right, for purposes of vehicular travel.

1"Import." Accountable [liquid] motor fuels or fuels
2delivered into this Commonwealth from out of State by or for the
3seller constitutes an import by the seller. Accountable [liquid]
4motor fuels or fuels delivered into this Commonwealth from out
5of State by or for the purchaser constitutes an import by the
6purchaser.

7"Liquid fuels." All products derived from petroleum, natural
8gas, coal, coal tar, vegetable ferments and other oils. The term
9includes gasoline, naphtha, benzol, benzine or alcohols, either
10alone or when blended or compounded, which are practically and
11commercially suitable for use in internal combustion engines for
12the generation of power or which are prepared, advertised,
13offered for sale or sold for use for that purpose. The term does
14not include kerosene, fuel oil, gas oil, E85, gasoline-alcohol 
15mixtures other than E85 containing greater than 85% alcohol by 
16volume, diesel fuel, tractor fuel by whatever trade name or
17technical name known having an initial boiling point of not less
18than 200 degrees fahrenheit and of which not more than 95% has
19been recovered at 464 degrees fahrenheit (ASTM method D-86),
20liquified gases which would not exist as liquids at a
21temperature of 60 degrees fahrenheit and pressure of 14.7 pounds
22per square inch absolute or naphthas and benzols and solvents
23sold for use for industrial purposes.

24"Magistrate." An officer of the minor judiciary. The term
25includes a magisterial district judge.

26"Major vehicle class." The term includes passenger vehicles,
27light duty trucks and any other class as defined by the CAFE
28standards.

29"Mass transportation systems." Persons subject to the
30jurisdiction of the Pennsylvania Public Utility Commission and

1municipality authorities that transport persons on schedule over
2fixed routes and derive 90% of their intrastate scheduled
3revenue from scheduled operations within the county in which
4they have their principal place of business or with contiguous
5counties.

6"Motor fuels." Includes liquid fuels, fuels, alternative
7fuels, aviation gasoline and jet fuels.

8"Motor fuels tax." Any of the following taxes imposed under
9section 9004 (relating to imposition of tax, exemptions and
10deductions):

11(1) The liquid fuels tax.

12(2) The oil company franchise tax.

13(3) The aviation gasoline and jet fuel taxes.

14(4) The alternative fuels tax.

15"Motor fuels tax exemption certificate." A certificate
16issued by the Department of Revenue to a person requesting
17exemption from motor fuels taxes according to the exemption
18provisions under section 9004(e) (relating to imposition of tax,
19exemptions and deductions).

20"Nonhighway applications." The use of fuels or alternative
21fuels for purposes not related to propulsion of a vehicle on the
22public highways of this Commonwealth.

23"Nonpublic schools not operated for profit." A school, other
24than a public school, within this Commonwealth wherein a
25resident of this Commonwealth may legally fulfill the compulsory
26school attendance requirements of the laws of this Commonwealth,
27and in the operation of which there is no contribution of
28pecuniary gain or profit, no dividends or distribution or income
29to its owners, officers or directors and no incidental profits
30are distributed to its owner. The term does not include

1institutions of higher learning.

2"Permit." A liquid fuels permit [or a], fuels permit or 
3alternative fuels permit. The term includes a blender permit.

4"Person." [Every natural person, association or
5corporation.] Any individual, firm, cooperative, association, 
6corporation, limited liability corporation, trust, business 
7trust, syndicate, partnership, limited liability partnership, 
8joint venture, receiver, trustee in bankruptcy, club society or 
9other group or combination acting as a unit. The term includes a 
10public body, including, but not limited to, the Commonwealth, 
11any other state, an agency, commission, institution, political 
12subdivision or instrumentality of the Commonwealth or any other 
13state. Whenever used in any provision prescribing and imposing a
14fine or imprisonment, the term as applied to associations means
15the partners or members and as applied to corporations means the
16officers thereof.

17"Political subdivision." A county, city, borough,
18incorporated town, township, school district, vocational school
19district or county institution district. For exemption purposes,
20the term includes:

21(1) Authorities formed under enabling legislation.

22(2) Instrumentalities or agencies of the Commonwealth,
23unless otherwise provided.

24"Registered distributor." A distributor holding a permit
25issued by the Commonwealth under the provisions of this chapter.

26"Sale" and "sale and delivery." Includes the invoicing or
27billing of [liquid fuels or fuels] motor fuels free of tax as
28provided in section 9005 (relating to taxpayer) from one
29distributor to another regardless of whether the purchasing
30distributor is an accommodation party for purposes of taking

1title or takes actual physical possession of the [liquid fuels
2or fuels] motor fuels.

3"Secretary." The Secretary of Revenue of the Commonwealth.

4"Terminal transfer system." The motor fuels distribution
5system consisting of refineries, pipelines, marine vessels and
6terminals.

7"Use." Includes any of the following:

8(1) The importation into this Commonwealth of motor
9fuels for the supply tanks or other fueling receptacles or
10devices of a motor vehicle in excess of 50 gallons.

11(2) The delivery or placing of motor fuels into the fuel
12supply tanks or other fueling receptacles or devices of an
13aircraft or aircraft engine or of a motor vehicle in this
14Commonwealth for use in a combustion engine or diesel engine.

15"Vehicle average miles driven." The average number of miles
16driven by a particular vehicle type, as determined by the
17Federal Highway Administration.

18"Volunteer ambulance service." Any nonprofit chartered
19corporation, association or organization located in this
20Commonwealth which is regularly engaged in the service of
21providing emergency medical care and transportation of patients.

22"Volunteer fire company." Any nonprofit chartered
23corporation, association or organization located in this
24Commonwealth which provides fire protection services and other
25voluntary emergency services within this Commonwealth, which may
26include voluntary ambulance services and voluntary rescue
27services.

28"Volunteer rescue service." Any nonprofit chartered
29corporation, association or organization located in this
30Commonwealth which provides rescue services in this

1Commonwealth.

2"Volunteer services." Includes volunteer ambulance services,
3volunteer fire companies and volunteer rescue services.

4Section 26.1. Chapter 90 of Title 75 is amended by adding a
5subchapter heading to read:

6SUBCHAPTER B

7LIQUID FUELS AND FUELS TAX

8Section 26.2. Sections 9003(a), (b), (d) and (g) and
99004(a), (b), (d), (e), (g) and (h) of Title 75 are amended and
10the sections are amended by adding subsections to read:

11§ 9003. Liquid fuels and fuels permits; bond or deposit of
12securities.

13(a) Permit required; violation.--A distributor may not
14engage in the use or sale and delivery of liquid fuels within
15this Commonwealth without a liquid fuels permit [or], engage in
16the use or sale and delivery of fuels within this Commonwealth
17without a fuels permit or engage in the use or sale and delivery 
18of alternative fuels within this Commonwealth without an 
19alternative fuels permit. Each day in which a distributor
20engages in the use or sale and delivery of liquid fuels within
21this Commonwealth without a liquid fuels permit [or], fuels
22without a fuels permit or alternative fuels without an 
23alternative fuels permit shall constitute a separate offense.
24For each such offense, the distributor commits a misdemeanor of
25the third degree.

26(a.1) Special permit for blenders.--Distributors who
27purchase any liquid fuels, fuels or alternative fuels subject to
28tax under this chapter for use in the blending of liquid fuels
29or alternative fuels shall obtain a blender permit from the
30department. A distributor holding a blender's permit may

1purchase motor fuels tax free from other distributors holding a
2permit when the motor fuels are purchased for use exclusively in
3blending. Blenders shall account separately for all purchases of
4motor fuels used in blending. The department may prescribe the
5form of such necessary information.

6(a.2) Prohibitions.--The following shall apply:

7(1) A suspended, revoked or canceled permit is not a
8valid permit and may not be used to make tax-free sales,
9deliveries or purchases of motor vehicles specifically listed
10on the permit.

11(2) An exempt entity may not apply for a motor fuels
12permit and may not resell motor fuels.

13(b) Application.--A person desiring to operate as a
14distributor shall file an application for [a liquid fuels permit
15or a fuels permit, or both,] an alternative fuels permit, a 
16liquid fuels permit or a fuels permit with the department. A 
17distributor may apply for more than one class of permit. The
18application for a permit must be made upon a form prescribed by
19the department and must set forth the name under which the
20applicant transacts or intends to transact business, the
21location of the place of business within this Commonwealth and
22such other information as the department may require. The 
23department may, by written notice, require any applicant to 
24furnish a financial statement in such form as it may prescribe. 
25The department may charge an administrative application fee for 
26each permit. If the applicant has or intends to have more than
27one place of business within this Commonwealth, the application
28shall state the location of each place of business. If the
29applicant is an association, the application shall set forth the
30names and addresses of the persons constituting the association.

1If the applicant is a corporation, the application shall set
2forth the names and addresses of the principal officers of the
3corporation and any other information prescribed by the
4department for purposes of identification. The application shall
5be signed and verified by oath or affirmation by:

6(1) the owner, if the applicant is an individual;

7(2) a member or partner, if the applicant is an
8association; or

9(3) an officer or an individual authorized in a writing
10attached to the application, if the applicant is a
11corporation.

12* * *

13(c.1) Permit class.--The department may establish classes of
14distributors. Each class may have special bonding requirements.

15(d) Surety bond.--A permit shall not be granted until the
16applicant has filed with the department a surety bond payable to
17the Commonwealth in an amount fixed by the department of at
18least $2,500. Every bond must have as surety an authorized
19surety company approved by the department. The bond must state
20that the distributor will faithfully comply with the provisions
21of this chapter during the effective period of his permit. The
22department may require any distributor to furnish such
23additional, acceptable corporate surety bond as necessary to
24secure at all times the payment to the Commonwealth of all
25taxes, penalties and interest due under the provisions of this
26chapter and section 9502 (relating to imposition of tax). The 
27department may set a distributor's bond amount in a manner 
28sufficient to protect the revenues of the Commonwealth. If a
29distributor fails to file the additional bond within ten days
30after written notice from the department, the department may

1suspend or revoke the permit and collect all taxes, penalties
2and interest due. For the purpose of determining whether an
3existing bond is sufficient, the department may by written
4notice require a distributor to furnish a financial statement in
5such form as it may prescribe. Upon failure of any distributor
6to furnish a financial statement within 30 days of written
7notice, the department may suspend or revoke the permit and
8shall collect all taxes, penalties and interest due by him.

9* * *

10(g) Interstate or foreign commerce.--Nothing contained in
11this chapter shall require the filing of any application or bond
12or the possession and display of a [liquid] motor fuels permit
13for the use or sale and delivery of [liquid] motor fuels in
14interstate or foreign commerce not within the taxing power of
15the Commonwealth or for the use of liquid fuels by the Federal
16Government.

17* * *

18(j) Tax compliance.--No distributor may be issued a motor
19fuels permit under this chapter unless the distributor is in
20full compliance with all other State taxes administered by the
21department.

22§ 9004. Imposition of tax, exemptions and deductions.

23(a) Liquid fuels and fuels tax.--A permanent State tax of
2412¢ a gallon or fractional part thereof is imposed and assessed
25upon all [liquid fuels and] motor fuels used or sold and
26delivered by distributors within this Commonwealth.

27(b) Oil company franchise tax for highway maintenance and
28construction.--In addition to the tax imposed by subsection (a),
29the tax imposed by Chapter 95 (relating to taxes for highway
30maintenance and construction) shall also be imposed and

1collected on [liquid fuels and] motor fuels, on a cents-per-
2gallon equivalent basis, upon all gallons of [liquid fuels and]
3motor fuels as are taxable under subsection (a).

4* * *

5(d) Alternative fuels tax.--

6(1) A tax is hereby imposed upon alternative fuels used
7to propel vehicles of any kind or character on the public
8highways. The rate of tax applicable to each alternative fuel
9shall be computed by the department on a gallon equivalent
10basis and shall be published as necessary by notice in the
11Pennsylvania Bulletin. The tax imposed shall apply to the 
12entire amount of fuel used or sold and delivered. The 
13department shall state separately both the liquid fuels tax 
14and the oil company franchise tax applicable to each 
15alternative fuel.

16(2) The tax imposed in this section upon alternative
17fuels shall be reported and paid to the department by each
18alternative fuel [dealer-user rather than by distributors
19under this chapter similar to the manner in which
20distributors are required to report and pay the tax on liquid
21fuels and fuels, and the licensing and bonding provisions of
22this chapter shall be applicable to alternative fuel dealer-
23users. The department may permit alternative fuel dealer-
24users to report the tax due for reporting periods greater
25than one month up to an annual basis provided the tax is
26prepaid on the estimated amount of alternative fuel to be
27used in such extended period. The bonding requirements may be
28waived by the department where the tax has been prepaid.]
29distributor holding a permit when:

30(i) sold to a person for the person's use in the

1propulsion of a motor vehicle on the public highways of
2this Commonwealth; or

3(ii) a person uses alternative fuels subject to tax
4under paragraph (1) for which the alternative fuels tax
5has never been paid.

6(3) The following shall apply to the reporting and
7payment of the alternative fuels tax by a distributor:

8(i) Only distributors holding an alternative fuels
9distributor permit issued by the department may report
10and pay the alternative fuels tax to the Commonwealth.

11(ii) Alternative fuels tax must be reported and paid
12to the department in the same fashion as required for
13liquid fuels and fuels. The tax imposed under paragraph
14(2) shall be collected by the distributor and shall be
15borne by the consumer.

16(iii) The department may permit alternative fuels
17distributors to report the tax due for reporting periods
18on an annual basis provided the tax is prepaid on the
19estimated amount of alternative fuels to be used in such
20extended period. The bonding requirements may be waived
21by the department where the tax has been prepaid.

22(4) A purchaser of alternative fuels who has paid the
23alternative fuels tax may request a refund of the tax, if
24eligible, in accordance with the refund qualifications for
25liquid fuels and fuels under section 9017 (relating to
26refunds).

27(5) An exempt entity who uses alternative fuels in
28accordance with subsections (e.1) and (l) may apply for
29refunds of alternative fuels tax paid on the alternative
30fuels.

1(6) Alternative fuels distributors shall follow all
2provisions of this chapter applying to liquid fuels and fuels
3distributors, except when such provisions are in conflict or
4otherwise inconsistent with the specific alternative fuels
5distributor provisions of this subsection, in which case the
6provisions of this subsection shall control.

7(e) Exceptions.--The tax imposed under subsections (a), (b),
8(c) and (d) shall not apply to liquid fuels, fuels or
9alternative fuels:

10(1) Delivered to the Federal Government on presentation
11of an authorized Federal Government exemption certificate or
12other evidence satisfactory to the department.

13(2) Used or sold and delivered which are not within the
14taxing power of the Commonwealth under the Commerce Clause of
15the Constitution of the United States.

16(3) Used as fuel in aircraft or aircraft engines, except
17for the tax imposed under subsection (c).

18(4) Delivered to this Commonwealth, a political
19subdivision, a volunteer fire company, a volunteer ambulance
20service, a volunteer rescue squad, a second class county port
21authority or a nonpublic school not operated for profit on
22presentation of evidence satisfactory to the department.

23(5) Used in school buses for the exclusive purpose of
24transporting students in grades K through 12 for official
25school purposes, subject to all of the following:

26(i) School districts are exempt from the tax on
27motor fuels, but may not assign that exemption to a
28school bus contractor.

29(ii) A school district may apply to the Board of
30Finance and Revenue for refunds of taxes paid by the

1school district's school bus contractors who purchased
2tax-paid motor fuels for use in transporting students for
3official school purposes.

4(iii) School bus contractors may fuel from a school
5district's tax-free bulk storage for the sole purpose of
6transporting students under a contract.

7(6) Sold to a volunteer service, provided that the
8volunteer service complies with the following:

9(i) The motor fuels shall be purchased from a
10registered distributor, and the motor fuels shall be
11placed in bulk storage facilities on land owned or
12leased, with full control thereover, by the volunteer
13service. The purchaser shall furnish a motor fuels tax
14exemption certificate issued by the department to the
15registered distributor certifying that it is a volunteer
16service and the fuel will be used solely for
17firefighting, emergency medical or rescue purposes and
18only in official equipment owned by the the volunteer
19service.

20(ii) If a volunteer service purchases motor fuels
21from a dealer or a nonregistered Commonwealth distributor
22and pays the full price for the fuels, including the tax,
23and if the volunteer service uses the motor fuels solely
24for firefighting, emergency medical or rescue purposes
25and only in equipment purchased by it, the volunteer
26service may request a refund of the tax paid by applying
27to the Board of Finance and Revenue on forms supplied by
28the Board of Finance and Revenue.

29(e.1) Use of motor fuels by exempt entities.--The following
30shall apply:

1(1) An exempt entity may only use motor fuels for its
2official business purposes. The exempt entity shall keep
3records of purchases and disbursements of motor vehicles
4sufficient to prove the official business use of the motor
5fuels. Such recordkeeping should be similar to the
6requirements for distributor and dealer recordkeeping under
7section 9009 (relating to retention of records by
8distributors and dealers).

9(2) An exempt entity may not resell motor fuels.

10(3) An exempt entity that violates paragraph (1) or (2)
11commits a summary offense and may be assessed tax, interest
12and penalties due on any motor fuels improperly used or
13resold.

14* * *

15(g) Distributors to pay tax.--[Distributors] Motor fuels 
16distributors shall be liable to the Commonwealth for the
17collection and payment of the tax imposed by this chapter. The
18tax imposed by this chapter shall be collected by the
19distributor at the time the [liquid fuels and] motor fuels are
20used or sold and delivered by the distributor and shall be borne
21by the consumer.

22(h) Losses to be allowed.--The department shall allow for
23handling and storage losses of [liquid fuels and] motor fuels
24that are substantiated to the satisfaction of the department.

25(i) Liability for use of dyed diesel fuel or other liquids
26not subject to motor fuels taxes.--The following shall apply to
27liability for the tax provided under subsections (a) and (b):

28(1) The tax imposed under section 9004(a) and (b)
29(relating to imposition of tax, exemptions and deductions) is
30imposed on the delivery or placing of dyed diesel fuel or any

1liquid not otherwise subject to tax into the fuel supply
2tanks or other fueling receptacles or devices of a motor
3vehicle in this Commonwealth for use, in whole or in part,
4for the generation of power to propel the motor vehicle on
5the public highways of this Commonwealth.

6(2) The following shall apply to parties liable under
7this subsection:

8(i) The person who causes to be operated or the
9operator of a highway vehicle into which the dyed diesel
10fuel or the other liquid is delivered shall be liable for
11the tax imposed under paragraph (1).

12(ii) The seller of the dyed diesel fuel or other
13liquid is jointly and severally liable for the tax under
14paragraph (1) if the seller knows or has reason to know
15that the dyed diesel fuel or other liquid will not be
16used in a nontaxable use.

17(3) The exemptions provided under subsection (e) shall
18apply to the tax imposed by this subsection.

19(j) Blending not subject to tax.--A distributor holding a
20blending permit who blends motor fuels shall be exempt from the
21payment of the tax which would otherwise be imposed upon any
22motor fuels purchased from registered distributors and used
23exclusively for blending. The department shall establish
24necessary recordkeeping standards for blenders.

25(k) Sales without permits.--Sales of motor fuels between a
26registered distributor and any person not holding a permit of
27the proper class shall always be subject to tax, unless the
28sales are entitled to an exemption expressly provided for under
29this chapter.

30(l) Exemption certificates.--An exempt entity must provide a

1motor fuels tax exemption certificate prescribed by the
2department to the registered distributor from whom the exempt
3entity plans to purchase tax-free motor fuels.

4(m) Nonpermitted persons acting as permitted distributors.--
5The following shall apply:

6(1) Any person not holding a liquid fuels, fuels or
7alternative fuels permit who engages in the use or sale and
8delivery of liquid fuels, fuel or alternative fuels upon
9which the tax imposed under this chapter has not been
10previously paid shall be subject to all recordkeeping,
11reporting and payment provisions provided for permitted
12distributors.

13(2) A person who does not hold the proper class of
14permit to engage in the tax-free use or sale and delivery of
15motor fuels with another distributor holding the proper class
16of permit shall pay a sum equivalent to 20% of the motor
17fuels tax that would otherwise be due. This penalty shall be
18in addition to any other applicable tax, interest or penalty
19provided for under this chapter. A properly permitted
20distributor who knowingly engages in the tax-free use or sale
21and delivery of motor fuels with an improperly permitted
22distributor shall also pay a sum equivalent to 20% of the
23motor fuels tax that would otherwise be due. This penalty
24shall be in addition to any other applicable tax, interest or
25penalty provided for under this chapter. The penalties
26imposed by this subsection shall not be considered part of a
27tax assessment.

28(3) A nonpermitted distributor shall not be eligible for
29any of the discounts provided under section 9006(b)(relating
30to distributor's report and payment of tax).

1Section 26.3. Section 9005 of Title 75 is amended to read:

2§ 9005. Taxpayer.

3(a) Duty of distributor.--Every distributor using or
4delivering [liquid fuels and] motor fuels upon which a tax is
5imposed by this chapter shall pay the tax into the State
6Treasury through the department.

7(b) Delivery between distributors.--

8(1) Whenever [liquid fuels and] motor fuels are
9delivered within this Commonwealth by one distributor to
10another distributor holding a permit under this chapter, the
11distributor receiving the [liquid fuels and] motor fuels
12shall separately show, in that distributor's monthly reports
13to the department, all such deliveries from each distributor
14and shall pay the liquid fuels and fuels tax provided for by
15this chapter upon all such [liquid fuels and] motor fuels
16used or sold and delivered within this Commonwealth.

17(2) The distributor making deliveries under paragraph
18(1) shall separately show those deliveries in that
19distributor's monthly reports to the department and shall
20then be exempt from the payment of the tax which would
21otherwise be imposed upon the [liquid fuels and] motor fuels
22so delivered. This exemption shall apply only if both 
23distributors under paragraph (1) hold valid permits of a 
24class authorizing tax-free use or sale and delivery of the 
25same specific motor fuels.

26(3) The distributor shall furnish to the department such
27information concerning such deliveries as the department may
28require.

29(4) The department shall furnish to any distributor,
30upon request, a list of distributors holding permits under

1this chapter and their addresses.

2(5) A distributor holding a permit is the only person
3entitled to sell motor fuels tax free to another distributor
4holding a permit or to an exempt entity.

5(6) Both the seller and the buyer of any motor fuels
6sold upon which motor fuels tax is imposed but not reported
7and paid to the Commonwealth shall be jointly and severally
8liable for the payment of tax due if either distributor does
9not hold a valid permit of the class necessary to make a tax-
10free sale under paragraphs (1) and (2).

11(c) Recovery of tax payment.--Distributors may add the
12amount of the tax to the price of [liquid fuels and] motor fuels
13sold by them and shall state the rate of the tax separately from
14the price of the [liquid fuels and] motor fuels on all price
15display signs, sales or delivery slips, bills and statements
16which advertise or indicate the price of [liquid fuels and]
17motor fuels.

18(d) Penalty.--A person who violates this section commits a
19summary offense.

20Section 26.4. Section 9006(a) and (d) of Title 75 are
21amended and the section is amended by adding a subsection to
22read:

23§ 9006. Distributor's report and payment of tax.

24(a) Monthly report.--For the purpose of ascertaining the
25amount of tax payable under this chapter, the distributor, on or
26before the 20th day of each month, shall transmit to the
27department on a form prescribed by the department a report,
28under oath or affirmation, of the [liquid fuels and] motor fuels
29used or delivered by that distributor within this Commonwealth
30during the preceding month. The report shall show the number of

1gallons or GGEs of [liquid fuels and] motor fuels used or
2delivered within this Commonwealth during the period for which
3that report is made and any further information that the
4department prescribes. A distributor having more than one place
5of business within this Commonwealth shall combine in each
6report the use or delivery of [liquid fuels and] motor fuels at
7all such separate places of business.

8* * *

9(d) Additional penalty.--If a distributor neglects or
10refuses to make any report [and] or payment as required, an
11additional 10% of the amount of the tax due or $50, whichever is 
12greater, shall be added by the department and collected as
13provided. In addition to the added penalty, the permit of the
14distributor may be suspended or revoked by the department.

15(e) Method of filing and timeliness.--The following shall
16apply:

17(1) Unless specifically otherwise provided for by law,
18all reports, payments and petitions must be filed
19electronically with the department. Upon receipt of an
20electronic filing by the department, the filing is deemed to
21have occurred on the specific date and time indicated by the
22computers or systems of the department.

23(2) The following exceptions shall apply:

24(i) Electronic payment is not required for any
25payment amount less than $1,000.

26(ii) A distributor may be excused from electronic
27filing that is otherwise required by law upon
28presentation to the department of evidence of hardship in
29filing electronically. The evidence must be provided to
30and accepted by the department prior to the due date for

1the report, payment or petition.

2(iii) Electronic filing may not be accepted by the
3department for certain required filings under this
4chapter where the department does not have the technical
5capability to process such an electronic filing.

6(3) Whenever a report, payment or petition is required
7by law to be filed with the department by the United States
8Postal Service, the following apply:

9(i) If the report, payment or petition must be
10received by the department on or before a day certain,
11the taxpayer shall be deemed to have complied with the
12law if the correctly addressed envelope transmitting the
13report, payment or petition received by the department is
14postmarked by United States Postal Service on or prior to
15the final day on which the report, payment or petition is
16required to be received.

17(ii) For purposes of this paragraph, presentation of
18a receipt from United States Postal Service indicating
19that the correctly addressed envelope transmitting the
20report, payment or petition received by the department
21was mailed on or before the due date shall be evidence of
22timely filing and payment.

23(iii) This paragraph shall not apply to any report,
24payment or petition that is required by law to be
25delivered by any method other than mailing.

26(4) To be considered timely, both a report and any
27payment due, if applicable, including any interest or
28penalty, must be filed before the due date.

29Section 26.5. Sections 9007, 9008 and 9009 of Title 75 are
30amended to read:

1§ 9007. [Determination and redetermination] Assessment and 
2reassessment of tax, penalties and interest due.

3(a) [Determination] Assessment.--If the department is not
4satisfied with the report and payment of tax made by any
5distributor under the provisions of this chapter, it is
6authorized to make [a determination] an assessment of the tax
7due by the distributor based upon the facts contained in the
8report or upon any information within its possession.

9(b) Notice.--Promptly after the date of [determination]
10assessment, the department shall send by registered mail a copy
11to the distributor. Within 90 days after the date upon which the
12copy of the [determination] assessment was mailed, the
13distributor may file with the department a petition for
14[redetermination] reassessment of such tax. A petition for
15[redetermination] reassessment must state specifically the
16reasons which the petitioner believes allow the
17[redetermination] reassessment and must be supported by
18affidavit that it is not made for the purpose of delay and that
19the facts set forth are true. The department shall, within six
20months after the date of [a determination] an assessment,
21dispose of a petition for [redetermination] reassessment. Notice
22of the action taken upon any petition for [redetermination]
23reassessment shall be given to the petitioner promptly after the
24date of [redetermination] reassessment by the department.

25(c) Administrative appeal.--[Within 60 days after the date
26of mailing of notice by the department of the action taken on
27any petition for redetermination filed with it, the distributor
28against whom the determination was made may by petition request
29the Board of Finance and Revenue to review the action. A
30petition for review must state specifically the reason upon

1which the petitioner relies or must incorporate by reference the
2petition for redetermination in which the reasons have been
3stated. The petition must be supported by affidavit that it is
4not made for the purpose of delay and that the facts set forth
5are true. If the petitioner is a corporation or association, the
6affidavit must be made by one of its principal officers. A
7petition for review may be amended by the petitioner at any time
8prior to the hearing. The board shall act finally in disposition
9of petitions filed with it within six months after they have
10been received. In the event of the failure to dispose of a
11petition within six months, the action taken by the department
12upon the petition for redetermination shall be deemed sustained.
13The board may sustain the action taken on the petition for
14redetermination or it may redetermine the tax due upon such
15basis as it deems according to law and equity. Notice of the
16action of the board shall be given to the department and to the
17petitioner.] A person dissatisfied with the decision of the 
18department under subsection (b) shall have the right to petition 
19for review by the Board of Finance and Revenue in accordance 
20with Article XXVII of the act of March 4, 1971 (P.L.6, No.2), 
21known as the Tax Reform Code of 1971.

22(d) Sanctions.--If a distributor neglects or refuses to make
23a report [and] or payment of tax required by this chapter, the
24department shall estimate the tax due by such distributor and
25[determine] assess the amount due for taxes, penalties and
26interest. There shall be no right of review or appeal from this
27[determination] assessment. Upon neglect or refusal, permits
28issued to the distributor may be suspended or revoked by the
29department and required to be surrendered to the department.

30§ 9008. Examination of records and equipment.

1(a) General rule.--The department or any agent appointed in
2writing by the department is authorized to examine the books,
3papers, records, meters, storage tanks and contents, and any
4other equipment of any distributor, dealer or any other person
5pertaining to the use or sale and delivery of liquid fuels and
6fuels taxable under this chapter to verify the accuracy of any
7report or payment made under the provisions of this chapter or
8to ascertain whether or not the tax imposed by this chapter has
9been paid. Any information gained by the department as the
10result of the reports, investigations or verifications required
11to be made shall be confidential.

12(b) Penalty.--A person divulging confidential information
13under subsection (a) commits a misdemeanor of the third degree.

14(c) Consumer protection.--Notwithstanding subsection (a) or
15(b) or section 731 of the act of April 9, 1929 (P.L.343,
16No.176), known as The Fiscal Code, any incorrect motor fuel
17composition information, including octane values, discovered by
18the department upon examination of storage tank contents or
19related records may be disclosed to the Attorney General's
20office for investigation.

21(d) Public safety.--Notwithstanding subsection (a) or (b) or
22section 731 of The Fiscal Code, any suspected violation that
23could pose a threat to public safety discovered by the
24department during an examination authorized by this section may
25be disclosed to the appropriate enforcement authority for
26investigation.

27§ 9009. Retention of records by distributors and dealers.

28(a) Record retention period.--

29(1) The distributor and dealer shall maintain and keep,
30for a period [of two years] consisting of the current
 

1calendar year plus the previous two years, a record of
2[liquid fuels and] motor fuels used or sold and delivered
3within this Commonwealth by the distributor, together with
4invoices, bills of lading and other pertinent papers as
5required by the department. The amount of tax imposed on each 
6sale of motor fuels shall be stated separately.

7(2) A person purchasing [liquid fuels and] motor fuels
8taxable under this chapter from a distributor for the purpose
9of resale shall maintain, for a period [of two years]
10consisting of the current calendar year plus the previous two 
11years, a record of [liquid fuels and] motor fuels received,
12the amount of tax paid to the distributor as part of the
13purchase price, delivery tickets, invoices and bills of
14lading and such other records as the department requires.

15(3) Additional records include:

16(i) A distributor shall keep a record showing the
17number of gallons, GGEs or standard cubic feet of:

18(A) all [diesel] motor fuel inventories on hand
19at the first of each month;

20(B) all [diesel] motor fuel refined, compounded
21or blended;

22(C) all [diesel] motor fuel purchased or
23received, showing the name of the seller and the date
24of each purchase or receipt;

25(D) all [diesel] motor fuel sold, distributed or
26used, showing the name of the purchaser and the date
27of sale, distribution or use; and

28(E) all [diesel] motor fuel lost by fire or
29other accident.

30(ii) A distributor shall keep a record showing the

1octane value of each motor fuel purchased, sold or
2blended.

3[(ii)] (iii) A dealer shall keep a record showing
4the number of gallons, GGEs or Standard cubic feet of:

5(A) all [diesel] motor fuel inventories on hand
6at the first of each month;

7(B) all [diesel] motor fuel purchased or
8received, showing the name of the seller, the date of
9each purchase or receipt;

10(C) all [diesel] motor fuel sold, distributed or
11used; and

12(D) all [diesel] motor fuel lost by fire or
13other accident.

14(iv) A dealer shall keep a record showing the octane
15value of each motor fuel purchased, sold or blended.

16(b) Penalty.--Any person violating any of the provisions of
17this section commits a misdemeanor of the third degree.

18(c) Maintenance of recordkeeping equipment.--The following
19shall apply:

20(1) Distributors and dealers are responsible for
21ensuring that all measuring equipment used for recordkeeping,
22including, but not limited to, meters, gauges and electronic
23sensors, are maintained in good working order so that the
24department, upon inspection of records and equipment provided
25for in this chapter, is able to determine the proper tax that
26the distributor or dealer should have reported or paid to the
27Commonwealth.

28(2) Any person violating any of the provisions of this
29subsection commits a summary offense.

30Section 26.6. Section 9011 of Title 75 is amended by adding

1a subsection to read:

2§ 9011. Discontinuance or transfer of business.

3* * *

4(b.1) New permit prohibited.--Any natural person who
5participated as an owner or officer of a distributor required to
6provide notice under subsection (a) is prohibited from applying
7for a new permit until the underlying liabilities to the
8Commonwealth from the discontinued or transferred distributor
9are satisfied.

10Section 26.7. Section 9012(a) of Title 75 is amended and the
11section is amended by adding subsections to read:

12§ 9012. Suspension or revocation of permits.

13(a) Notice and hearings.--If the department finds that the
14holder of a permit has failed to comply with the provisions of
15this chapter, the department shall notify the permit holder and
16afford the permit holder a hearing on [five] seven days' written
17notice. A hearing will be scheduled by the department only upon 
18request by the permit holder.

19* * *

20(b.1) Immediate suspension or revocation.--Notwithstanding
21subsection (a), the department may immediately suspend or revoke
22a permit for failure to timely report or pay any tax due under
23section 9006 (relating to distributor's report and payment of
24tax).

25(b.2) Demand on surety bond.--Notwithstanding subsection
26(a), the department may make demand upon a distributor's surety
27bond where the distributor has failed to timely report or pay
28any tax due under section 9006.

29* * *

30Section 26.8. Sections 9013, 9014(a)(1)(i) and (ii), 9015,

19016, 9017(a.1), (b), (e.1), (e.2) and (f), 9018(a) and (c),
29019 heading, (a), (c), (d)(1) and (2) and (g) and 9022 of Title
375 are amended to read:

4§ 9013. Lien of taxes, penalties and interest.

5[(a) General rule.--] All unpaid taxes imposed by this
6chapter and section 9502 (relating to imposition of tax) and
7penalties and interest due shall be a lien [upon the franchises
8and property of the taxpayer after the lien has been entered and
9docketed of record by the prothonotary or similar officer of the
10county where the property is situated], as provided in Article 
11XIV of the act of April 9, 1929 (P.L.343, No.176), known as The 
12Fiscal Code.

13[(b) Priority of lien.--The lien under subsection (a) shall
14have priority from the date of its entry of record and shall be
15fully paid and satisfied out of the proceeds of a judicial sale
16of property subject to the lien before any other obligation,
17judgment, claim, lien or estate to which the property may
18subsequently become subject, except costs of the sale and of the
19writ upon which the sale was made and real estate taxes and
20municipal claims against the property. The lien under subsection
21(a) shall be subordinate to mortgages and other liens existing
22and recorded or entered of record prior to the recording of the
23tax lien.

24(c) Discharge of lien.--In the case of a judicial sale of
25property subject to a lien imposed under this section, the sale
26shall discharge the lien imposed under this section to the
27extent only that the proceeds are applied to its payment, and
28the lien shall continue in full force and effect as to the
29balance remaining unpaid.

30(d) Procedure.--

1(1) Statements of all taxes imposed under this chapter
2and section 9502, together with penalties and interest,
3certified by the secretary, may be transmitted to the
4prothonotaries or similar officers of the respective counties
5of this Commonwealth to be entered of record and indexed as
6judgments are now indexed.

7(2) A writ of execution may directly issue upon the lien
8without the issuance and prosecution to judgment of a writ of
9scire facias.

10(3) Not less than ten days before issuance of execution
11on a lien, notice of the filing and the effect of the lien
12shall be sent by registered mail to the taxpayer at the
13taxpayer's last known post office address.

14(4) A prothonotary or similar officer may not require,
15as a condition precedent to the entry of a lien under this
16section, the payment of costs incident to entry of the lien.

17(5) A lien under this section shall continue for five
18years from the date of entry and may be revived and continued
19under the act of April 9, 1929 (P.L.343, No.176), known as
20The Fiscal Code.

21(e) Statement to department.--A sheriff, receiver, trustee,
22assignee, master or other officer may not sell the property or
23franchises of a distributor without first filing with the
24department a statement containing all of the following
25information:

26(1) Name or names of the plaintiff or party at whose
27instance or upon whose account the sale is made.

28(2) Name of the person whose property or franchise is to
29be sold.

30(3) The time and place of sale.

1(4) The nature and location of the property.

2(f) Notice concerning lien.--The department, after receiving
3notice under subsection (e), shall furnish to the sheriff,
4receiver, trustee, assignee, master or other officer having
5charge of the sale a certified copy or copies of all liquid
6fuels tax, fuels tax and oil company franchise tax penalties and
7interest on file in the department as liens against the person
8or, if there are no such liens, a certificate showing that fact.
9The certified copy or copies or certificate shall be publicly
10read by the officer in charge of the sale at and immediately
11before the sale of the property or franchise of the person.

12(g) Lien certificate.--The department shall furnish to a
13person making application, upon payment of the prescribed fee, a
14certificate showing the amount of all liens for liquid fuels
15tax, fuels tax or oil company franchise tax, penalties and
16interest under the provisions of this chapter on record in the
17department against any person.]

18§ 9014. Collection of unpaid taxes.

19(a) When collection commences.--

20(1) The department shall call upon the Office of
21Attorney General to collect taxes, penalties or interest
22imposed by this chapter or section 9502 (relating to
23imposition of tax) at the following times:

24(i) When payment is not made within 30 days of
25[determination] assessment unless a petition for
26redetermination has been filed.

27(ii) When payment is not made within 30 days of the
28date of [redetermination] reassessment unless a petition
29for review has been filed.

30* * *

1§ 9015. [Reports from common carriers.

2(a) Duty.--A person transporting liquid fuels either in
3interstate or intrastate commerce to a point within this
4Commonwealth from a point within or without this Commonwealth
5shall report under oath or affirmation to the department on or
6before the last day of each month for the preceding month all
7deliveries of liquid fuels made to points within this
8Commonwealth.

9(b) Forms.--The report shall be on a form prescribed by the
10department and shall state the names and addresses of the
11consignor and consignee, the number of gallons of liquid fuels
12transported and any other information which the department may
13require.

14(c) Penalty.--Any person violating any of the provisions of
15this section commits a misdemeanor of the third degree.]
16(Reserved).

17§ 9016. [Reward for detection of violations.

18The secretary is authorized to pay a reward, out of money
19appropriated from the Motor License Fund for the purpose, to any
20person, other than a State officer or employee, who reports a
21distributor who has failed to file the reports required and pay
22the tax imposed by this chapter. The reward shall be in an
23amount the secretary deems proper, not exceeding 10% of the
24amount of the tax, penalty and interest due. A reward shall not
25be paid unless collection of the delinquent tax has been made or
26the distributor has been convicted for violating this chapter.]
27(Reserved).

28§ 9017. Refunds.

29* * *

30(a.1) Board of Finance and Revenue.--The Board of Finance

1and Revenue may make reimbursements and refunds of tax imposed
2and collected upon alternative fuels, liquid fuels or fuels as
3provided under subsections (b), (c) or (e). In addition, the
4board may refund on an annual basis any tax imposed by this
5chapter and collected by the department upon alternative fuels,
6liquid fuels or fuels delivered to any entity exempt from tax
7under section 9004(e) (relating to imposition of tax, exemptions
8and deductions) which has not been claimed as exempt by the
9distributor or otherwise refunded. The board may adopt
10regulations relating to procedures for the administration of its
11duties under this subsection.

12(b) Farm tractors and volunteer fire rescue and ambulance
13services.--A person shall be reimbursed the full amount of the
14tax imposed by this chapter if the person uses or buys
15alternative fuels, liquid fuels or fuels on which the tax
16imposed by this chapter has been paid and consumes them:

17(1) in the operation of any nonlicensed farm tractor or
18licensed farm tractor when used off the highways for
19agricultural purposes relating to the actual production of
20farm products; or

21(2) in the operation of a vehicle of a volunteer fire
22company, volunteer ambulance service or volunteer rescue
23squad.

24* * *

25(e.1) Truck refrigeration units.--

26(1) A program shall be implemented to provide
27reimbursement for tax paid on undyed diesel fuel used in
28truck refrigeration units.

29(2) A person shall be reimbursed the amount of tax paid
30pursuant to section 9004 on any purchase of undyed diesel

1fuel which is not more than [75] 100 gallons or gasoline 
2gallon equivalents per purchase and is delivered into a fuel
3tank which is designed to supply only an internal combustion
4engine mounted on a registered vehicle used exclusively for
5truck refrigeration.

6(3) For the period of October 1, 1997, through September
730, 1998, claims for reimbursement of taxes paid shall be
8filed by March 1, 1999, with the Department of Revenue. For
9the period of October 1, 1998, through September 30, 1999,
10claims for reimbursement under this subsection shall be filed
11by October 31, 1999, with the department. For the period from
12October 1, 1999, through September 30, 2000, inclusive,
13claims for reimbursement under this subsection shall be filed
14with the department by October 31, 2000. For the quarter
15beginning October 1, 2000, and each quarter thereafter,
16claims for reimbursement shall be filed with the department
17on a quarterly basis and must be filed within 60 days
18following the end of the quarter for which reimbursement is
19being claimed.

20(4) The department may require a claimant to satisfy any
21sales or use tax liability on the undyed diesel fuel or 
22alternative fuels for which the reimbursement is claimed.

23(5) A claim for reimbursement must be supported by sales
24receipts with the word "reefer" noted on the claim and the
25date of purchase, seller's name and address, number of
26gallons or gasoline gallon equivalents purchased, fuel type,
27price per gallon or GGE or total amount of sale, unit numbers
28and the purchaser's name. The department may specify other
29documentation which it will accept in lieu of sales receipts.
30In the case of withdrawals from claimant-owned tax-paid bulk

1storage, the claim must be supported by detailed records of
2the date of withdrawal, number of gallons, or gasoline gallon 
3equivalents, fuel type, unit number and purchase and
4inventory records to substantiate that the tax was paid on
5all bulk purchases. Notwithstanding the provisions of section
69009 (relating to retention of records by distributors and
7dealers), all required documentation shall be retained for a
8period of three years following the filing date of the claim
9for reimbursement under this subsection. If the claimant
10fails to retain documentation as required by this paragraph,
11the department may deny the reimbursement or issue an
12assessment for any refund granted plus interest under section
139007 (relating to [determination and redetermination]
14assessment and reassessment of tax, penalties and interest
15due).

16(e.2) Agricultural power takeoff.--A person shall be
17reimbursed the full amount of the tax imposed by this chapter if
18the person uses or buys [liquid fuels or fuels] motor fuels on
19which the tax imposed by this chapter has been paid and consumes
20them to load for delivery or to unload at a farm feed, feed
21products, lime or limestone products for agricultural use from a
22vehicle by means of a power takeoff, provided the fuel usage is
23documented only by an electronic monitoring device used in
24conjunction with an electronically controlled engine.
25Reimbursements shall be documented only as provided in this
26subsection, and no reimbursement shall be based upon any form of
27alternative documentation. Claims for reimbursement shall be
28filed with the department on a quarterly basis and must be filed
29within 60 days following the end of the quarter for which
30reimbursement is being claimed. The provisions of subsection (f)

1except for the filing fee provision shall apply to claims for
2reimbursement under this subsection to the extent they are not
3inconsistent with this subsection.

4(f) Claims, forms, contents, penalties.--

5(1) A claim for reimbursement or refund under subsection
6(b), (c) or (e) shall be made upon a form to be furnished by
7the board and must include, in addition to such other
8information as the board may by regulation prescribe, the
9name and address of the claimant; the period of time and the
10number of gallons or gasoline gallon equivalents of [liquid]
11motor fuels used for which reimbursement is claimed; a
12description of the farm machinery, aircraft or aircraft
13engine in which [liquid] motor fuels have been used; the
14purposes for which the machinery, aircraft or aircraft engine
15has been used; and the size of the farm and part in
16cultivation on which such [liquid] motor fuels have been
17used.

18(2) A claim must contain statements that the [liquid]
19motor fuels for which reimbursement is claimed have been used
20only for purposes for which reimbursements are permitted;
21that records of the amounts of such fuels used in each piece
22of farm machinery, aircraft or aircraft engine have been
23kept; and that no part of the claim has been paid except as
24stated. A claim must contain a declaration that it and
25accompanying receipts are true and correct to the best of the
26claimant's knowledge and must be signed by the claimant or
27the person claiming on the claimant's behalf. A claim must be
28accompanied by receipts indicating that the liquid fuels, 
29fuels or alternative fuels tax was paid on the liquid fuels, 
30fuels or alternative fuels or that the excess liquid fuels,
 

1fuels or alternative fuels tax was paid on the liquid fuels, 
2fuels or alternative fuels for which reimbursement is
3claimed. Records of purchases of [liquid] motor fuels and use
4in each tractor or powered machinery, aircraft or aircraft
5engine shall be kept for a period [of two years] consisting 
6of the current year plus two previous years. A claim must be
7made annually for the preceding year ending on June 30. A
8claim must be submitted to the board by September 30.

9(3) The board shall refuse to consider any claim
10received or postmarked later than that date. The claimant
11must satisfy the board that the tax has been paid and that
12the [liquid] motor fuels have been consumed by the claimant
13for purposes for which reimbursements are permitted under
14this section. The action of the board in granting or refusing
15reimbursement shall be final. The board shall deduct the sum
16of $1.50, which shall be considered a filing fee, from every
17claim for reimbursement granted. Filing fees are specifically
18appropriated to the board and to the department for expenses
19incurred in the administration of the reimbursement
20provisions of this chapter. The board has the power to refer
21to the department for investigation any claim for
22reimbursement filed under the provisions of this chapter.

23(4) The department shall investigate the application and
24report to the board.

25(5) A person making any false or fraudulent statement
26for the purpose of obtaining reimbursement commits a
27misdemeanor of the third degree.

28* * *

29§ 9018. Violations.

30(a) Failure to report and pay; examinations; unlawful

1acts.--

2(1) A person commits a [misdemeanor of the third degree]
3summary offense if the person does any of the following:

4(i) Fails, neglects or refuses to make the report
5and pay the tax, penalties and interest imposed by this
6chapter.

7(ii) Refuses to permit the department or any agent
8appointed by it in writing to examine books, records,
9papers, storage tanks or other equipment pertaining to
10the use or sale and delivery of liquid fuels within this
11Commonwealth.

12(iii) Makes any incomplete, false or fraudulent
13report or claim.

14(iv) Attempts to do anything to avoid a full
15disclosure of the amount of [liquid] motor fuels used or
16sold and delivered or to avoid the payment of the tax,
17penalties and interest due.

18(v) Fines imposed for summary offenses under
19paragraph (1) shall be in addition to any penalty imposed
20by any other section or subsection of this chapter.

21(2) Any partner or member of an association and any
22officer of a corporation whose duty it was to make the report
23required by this chapter [shall be subject to imprisonment
24under paragraph (1)] commits a misdemeanor of the third 
25degree for failing to make the report required and attend to
26the payment of the tax imposed by this chapter.

27(3) [The fine under paragraph (1) shall be in addition
28to any penalty imposed by any other section or subsection of
29this chapter.] (Reserved).

30(4) Upon conviction under paragraph (1) or (2), all of

1the convicted distributor's permits shall be revoked.

2* * *

3(c) Penalty.--A person who violates any of the provisions of 
4subsection (a)(1) commits a summary offense. A person who
5violates any of the provisions of [this section] subsection (a)
6(2) or (b) commits a misdemeanor of the third degree. The [fine]
7fines shall be in addition to any penalty imposed by any other
8section or subsection of this chapter. Upon conviction, all of
9the convicted person's permits shall be revoked.

10§ 9019. [Diesel] Motor fuel importers and transporters;
11prohibiting use of dyed diesel fuel on highways;
12violations and penalties.

13(a) [Diesel] Motor fuel transporters.--

14(1) A person must obtain a [diesel] motor fuel
15transporter's permit in order to import, export or transport
16within this Commonwealth diesel fuel, other than dyed diesel
17fuel, via a pipeline or by means of a tank-truck vehicle,
18railroad tank car or vessel with a capacity of 2,000 gallons
19or more. The permit application must be filed with the
20department upon a form prescribed by the department. The 
21permit requirement does not apply to import, export or 
22transport of natural gas via pipeline.

23(2) A [fee of $5] per vehicle fee shall be charged by
24the department for the issuance of a transporter's permit.

25(3) Every person required to obtain a permit under
26paragraph (1) shall report under oath or affirmation to the
27department on or before the last day of each month for the
28preceding month all deliveries of [diesel] motor fuel, other
29than dyed diesel fuel, and retail deliveries of kerosene in
30quantities of less than 300 gallons per delivery to any point

1within this Commonwealth, including any interstate or
2intrastate movements of [diesel] motor fuel and any exports.
3The form shall be prescribed by the department and may
4require any of the following:

5(i) The names and addresses of the cosigner and
6cosignee, the seller or other party from whom the
7[diesel] motor fuel was received, the buyer or other
8party to whom the [diesel] motor fuel was delivered and
9points to and from which the [diesel] motor fuel was
10shipped or delivered.

11(ii) The method of shipment or delivery.

12(iii) The number of gallons.

13(4) All shipments of [diesel] motor fuel, including dyed
14diesel fuel, shall be accompanied by sales delivery tickets
15or bills of lading. Shipments for which the required
16documentation does not accompany the shipment or for which
17the notice required with respect to dyed diesel fuel does not
18comply with the requirements of subsection (b) shall be
19presumed to not be shipments of dyed diesel fuel.

20(5) A transporter report must be electronically filed in
21accordance with the methods of filing prescribed for
22distributors under section 9006(e) (relating to distributor's
23report and payment of tax).

24(6) (i) A transporter holding a distributor permit is
25not required to file a transporter report but must
26possess a transporter permit under this section.

27(ii) Transport of certain alternative fuels may not
28be subject to the permit and reporting requirements of
29this section. The department shall publish an annual
30notice indicating which types of alternative fuels

1qualify for the transporter permit and reporting
2requirements under in this section.

3* * *

4(c) Dyed diesel fuel not to be used on public highways.--

5(1) A person may not operate a motor vehicle on the
6public highways of this Commonwealth if the fuel supply tanks
7of the vehicle contain dyed diesel fuel unless permitted to
8do so under a Federal law or regulation relating to the use
9of dyed diesel fuel on the highways.

10(2) A person may not sell or deliver any dyed diesel
11fuel knowing or having reason to know that the fuel will be
12consumed in a highway use. A person who dispenses dyed diesel
13fuel from a retail pump that is not properly labeled with the
14notice required by subsection (b) or who knowingly delivers
15dyed diesel fuel into the storage tank of such a pump shall
16be presumed to know the fuel will be consumed on the highway.

17(3) There is a rebuttable presumption that a vehicle
18registered for use on the public highways is used on the
19public highways.

20(4) Notwithstanding paragraph (1) or (2), dyed diesel
21fuel may be used in a school bus, provided the bus is used
22exclusively for the transportation of school district
23students in grades K through 12, provided the usage does not
24conflict with the exemptions provided in section 4082 of the
25Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
264082).

27(d) Violations.--A person may not do any of the following:

28(1) Import, export or transport within this Commonwealth
29diesel fuel, other than dyed [diesel] motor fuel, without the
30permit required under subsection (a)(1).

1(2) Transport [diesel] motor fuel in this Commonwealth
2without the permit required under subsection (a)(1).

3* * *

4(g) Enforcement.--

5(1) Any revenue enforcement agent or other person
6authorized by the department may enter any place where motor 
7fuels are produced or stored and may physically inspect any
8tank, reservoir or other container that can be used for the
9production, storage or transportation of [diesel] motor 
10fuel, diesel fuel dyes or diesel fuel markers. Inspection may
11also be made of any equipment used for or in connection with
12the production, storage or transportation of diesel fuel,
13diesel fuel dyes or diesel fuel markers. This includes any
14equipment used for the dyeing or marking of diesel fuel.
15Books, records and other documents may be inspected to
16determine tax liability. An agent may detain a vehicle,
17vessel or railroad tank car placed on a customer's siding for
18use or storage for the purpose of inspecting fuel tanks or
19fuel storage tanks as necessary to determine the amount and
20composition of the fuel. An agent may take and remove samples
21of [diesel] motor fuel in reasonable quantities necessary to
22determine the composition of the fuel.

23(2) A person that refuses to allow an inspection as
24provided in this subsection commits a summary offense and
25shall, upon conviction, be sentenced to pay a fine of not
26less than $1,000 nor more than $2,000 for each refusal.

27§ 9022. Uncollectible [checks] payments.

28If the payment of a tax, penalty or interest imposed by this 
29chapter is returned to the department as uncollectible, the 
30department shall [charge a fee of $5 per hundred dollars or

1fractional part thereof, plus all protest fees, to the person
2presenting the check to the department] apply section 3003.9 of 
3the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform 
4Code of 1971.

5Section 26.9. Title 75 is amended by adding a section to
6read:

7§ 9023. Emergency assistance in a timely manner.

8(a) Within this Commonwealth.--Upon the Governor's
9declaration of a state of emergency in this Commonwealth, the
10Secretary of Revenue may waive, suspend or otherwise modify any
11provisions of this chapter for the sole purpose of enabling
12motor carriers to respond to emergency conditions and conduct
13emergency relief efforts in a timely manner. Such waivers,
14suspensions or modifications shall be effective for a specific
15period of time as determined by the secretary and shall not
16exceed the termination of the state of emergency declared by the
17Governor.

18(b) Outside this Commonwealth.--The Secretary of Revenue,
19with prior authorization from the Governor, may waive, suspend
20or otherwise modify any provisions of this chapter on a
21temporary and definite basis in order to facilitate the timely
22movement of vehicles or fuel from and through this Commonwealth
23to other jurisdictions requesting emergency assistance from this
24Commonwealth.

25(c) Recordkeeping.--Notwithstanding subsections (a) and (b),
26each distributor, exempt entity or other person who buys, sells
27or uses liquid fuels, fuels or alternative fuels pursuant to the
28terms of an emergency declaration shall maintain records to
29substantiate participation in the emergency relief efforts. Any
30vehicle, other than a qualified motor vehicle as defined under

1section 2101.1 (relating to definitions) or a vehicle operated
2by an exempt entity traveling on the public highways of this
3Commonwealth during the emergency period under subsection (a) or
4(b) shall maintain records of purchases of tax-exempt fuel.

5(d) Taxes not waived.--Unless specifically suspended by the
6Secretary of Revenue, liquid fuels, fuels and alternative fuel
7taxes imposed under section 9004 (relating to imposition of tax,
8exemptions and deductions) shall not be waived for an emergency
9period under subsection (a) or (b).

10Section 26.10. Chapter 90 of Title 75 is amended by adding a
11subchapter to read:

12SUBCHAPTER C

13ELECTRIC VEHICLE ROAD FEE

14Sec.

159031. Short title of subchapter.

169032. Road use fee imposed on electric vehicles.

179033. Electricity not motor fuel.

189034. Fees for highway maintenance and construction.

199035. Exempt entities.

209036. Refunds.

219037. Motor carriers road tax and the International Fuel Tax
22Agreement.

23§ 9031. Short title of subchapter.

24This subchapter shall be known and may be cited as the
25Electric Vehicle Road Fee Act.

26§ 9032. Road use fee imposed on electric vehicles.

27(a) Fee required for registration.--Concurrent with
28submitting an annual vehicle registration application and fee to
29the Department of Transportation under section 1301 (relating to
30registration and certificate of title required), an owner of an

1electric vehicle shall submit the electric vehicle road fee. The
2following shall apply:

3(1) Normal vehicle registration shall not be considered
4complete without payment in full of the electric vehicle road
5fee.

6(2) The electric vehicle road fee shall be paid by each
7new owner registering the vehicle with the Commonwealth.

8(b) Computation of electric vehicle road use fee.--

9(1) The Department of Revenue shall compute the electric
10vehicle road fee for each major vehicle class defined in the
11CAFE standards.

12(2) The electric vehicle road fee shall equal the
13average annual vehicle fuel tax within each vehicle class.

14(3) The average annual vehicle fuel fee computation
15shall be as follows:

16(i) The vehicle average miles driven divided by the
17miles per gallon equivalent per vehicle as determined by
18the department.

19(ii) The quotient under subparagraph (i) shall be
20multiplied by the sum of liquid fuels and oil company
21franchise tax rates for gasoline and the product shall be
22the average annual vehicle fuel fee.

23(4) The department shall annually determine the electric
24vehicle road fee for each vehicle class, to be published in
25the Pennsylvania Bulletin on or before December 15 of each
26year.

27(c) Regulations.--The department shall promulgate
28regulations to address new vehicle technology.

29§ 9033. Electricity not motor fuel.

30(a) General rule.--Electricity used in an electric motor

1that propels a vehicle on the highways of this Commonwealth is
2not considered a motor fuel as defined under this chapter.

3(b) Electric vehicles exempt from motor fuel taxes.--An
4electric vehicle shall not pay a motor fuel tax under this
5chapter unless the tax is assessed upon motor fuel that may also
6be used in the vehicle.

7§ 9034. Fees for highway maintenance and construction.

8A fee collected under this subchapter must be allocated to
9the Motor License Fund in accordance with the allocations under
10Chapter 95 (relating to taxes for highway maintenance and
11construction). For purposes of aligning the electric vehicle
12road fee with the allocations of taxes provided for in Chapter
1395, the electric vehicle road fee must be allocated in the same
14fashion as the oil company franchise tax in Chapter 95.

15§ 9035. Exempt entities.

16An electric vehicle registered to an exempt entity is exempt
17from paying the the electric vehicle road fee. An exempt entity
18shall comply with the following usage and recordkeeping
19requirements:

20(1) If an electric vehicle registered to an exempt
21entity is used for a nonexempt purpose during the
22registration year, the exempt entity shall pay a fine to the
23department of $500. The vehicle owner is not eligible for a
24refund of a registration fee that may have been paid for the
25vehicle.

26(2) An exempt entity applying for a refund under section
279007 (relating to assessment and reassessment of tax,
28penalties and interest due) shall maintain records of vehicle
29usage, certifying that an individual trip made by the vehicle
30was for a qualified exempt use. Individual trip logs,

1odometer readings and driver signatures shall be among the
2records required to substantiate exempt use.

3(3) The department may inspect the substantiating
4records for an exempt entity at any time.

5(4) The exempt entity shall cooperate with an agent of
6the department in an inspection.

7(5) An exempt entity that refuses to permit the
8department or an agent appointed by it in writing to examine
9the books, records, papers or other equipment associated with
10the operation of an electric vehicle commits a summary
11offense and shall pay a fine of $500 for each electric
12vehicle owned or operated by the exempt entity.

13§ 9036. Refunds.

14A person may be entitled to a refund of the electric vehicle
15road fee paid for a vehicle that would otherwise have been
16exempt under section 9006 (relating to distributor's report and
17payment of tax). A person entitled to a refund of the electric
18vehicle road fee shall apply for an annual refund in a manner
19similar to the refund process used for motor fuels under section
209017 (relating to refunds).

21§ 9037. Motor carriers road tax and the International Fuel Tax
22Agreement.

23The department shall promulgate regulations as necessary for
24compliance with the motor carriers road tax and International
25Fuel Tax Agreement.

26Section 27. Section 9106 heading, (a) and (b) of Title 75 
27are amended to read:

28§ 9106. Dirt [and], gravel and low volume road maintenance.

29(a) Statement of purpose.--It is the intent and purpose of
30this section:

1(1) To fund safe, efficient and environmentally sound
2maintenance of sections of dirt and gravel roads which have
3been identified as sources of dust and sediment pollution.

4(2) To establish a dedicated and earmarked funding
5mechanism that provides streamlined appropriation to the
6county level and enables local officials to establish fiscal
7and environmental controls.

8(3) To fund safe, efficient and environmentally sound
9maintenance of sections of low volume roads that are sealed
10or paved with an average daily traffic count of 500 vehicles
11or less.

12(b) General rule.--Of the funds available under section
139502(a)(1) (relating to imposition of tax), [$1,000,000]
14$7,000,000 shall be annually distributed to the Department of
15Conservation and Natural Resources for the maintenance and
16mitigation of dust and sediment pollution from parks and
17forestry roads. Funds in the amount of [$4,000,000] $28,000,000
18shall be appropriated annually to the State Conservation
19Commission and administered in a nonlapsing, nontransferable
20account restricted to maintenance and improvement of dirt [and],
21gravel and low volume State and municipal roads. The State
22Conservation Commission shall apportion the funds based on
23written criteria it develops to establish priorities based on
24preventing dust and sediment pollution. In the first fiscal
25year, top priority shall be given to specific trouble spot
26locations already mapped by the Task Force on Dirt and Gravel
27Roads and available from the department. A minimum of $8,000,000 
28of the total appropriated annually shall be for maintenance and 
29improvement of low volume roads.

30* * *

1Section 27.1. (Reserved).

2Section 27.2. Sections 9301 and 9502(a) of Title 75 are 
3amended to read:

4§ 9301. Supplemental funding for municipal highway maintenance.

5(a) Annual appropriation.--The General Assembly shall
6annually appropriate, beginning with the 1980-1981 fiscal year,
7the sum of $5,000,000 for supplemental payments to
8municipalities to assist in the maintenance and construction
9costs of municipal roads. The moneys appropriated by authority
10of this section shall be distributed to municipalities in
11accordance with the provisions of the act of June 1, 1956 (1955 
12P.L.1944, No.655), entitled "An act providing a permanent
13allocation of a part of the fuels and liquids fuels tax proceeds
14to cities, boroughs, incorporated towns and townships, for their
15road, street and bridge purposes; conferring powers and imposing
16duties on local officers and the Department of Highways; and
17making an appropriation out of the Motor License Fund; and
18repealing existing legislation."

19(b) County allocation supplement.--The amount of $5,000,000
20is hereby appropriated out of the Motor License Fund to counties
21annually. The following shall apply:

22(1) The distribution shall be in the ratio of:

23(i) the square footage of deck area of a county's
24county-owned bridges; to

25(ii) the total square footage of deck area of
26county-owned bridges throughout this Commonwealth.

27(2) The amount of square footage under subparagraph (i)
28shall be that reported as part of the National Bridge
29Inspection Standards Program.

30(c) Additional allocation to municipalities.--An amount of

1$30,000,000 is hereby appropriated out of the Motor License Fund
2and shall be distributed to municipalities pursuant to the act
3of June 1, 1956 (1955 P.L.1944, No.655), referred to as the
4Liquid Fuels Tax Municipal Allocation Law.

5§ 9502. Imposition of tax.

6(a) General rule.--

7(1) An "oil company franchise tax for highway 
8maintenance and construction" which shall be an excise tax of 
960 mills is hereby imposed upon all liquid fuels and fuels as 
10defined and provided in Chapter 90 (relating to liquid fuels 
11and fuels tax), and such tax shall be collected as provided 
12in section 9004(b) (relating to imposition of tax, exemptions 
13and deductions). Of the amount collected in fiscal year 2015-
142016, and each fiscal year thereafter, at the discretion of 
15the secretary, a minimum of $20,000,000 and a maximum of 
16$35,000,000 shall be deposited in the Multimodal 
17Transportation Fund established under 74 Pa.C.S. § 2101 
18(relating to Multimodal Transportation Fund), to be expended 
19in accordance with section 11 of Article VIII of the 
20Constitution of Pennsylvania.

21(2) An additional 55 mills is hereby imposed on all
22liquid fuels and fuels as defined and provided in Chapter 90
23and such tax shall also be collected as provided in section
249004(b), the proceeds of which shall be distributed as
25follows:

26(i) [Forty-two] Twenty-nine percent to county
27maintenance districts for highway maintenance for fiscal 
28year 2013-2014 and 19% for fiscal year 2014-2015 and each 
29year thereafter. This allocation shall be made according
30to the formula provided in section 9102(b)(2) (relating

1to distribution of State highway maintenance funds). This
2allocation shall be made in addition to and not a
3replacement for amounts normally distributed to county
4maintenance districts under section 9102.

5(ii) [Seventeen] Thirty percent for highway capital
6projects[.] for fiscal year 2013-2014 and 40% for fiscal 
7year 2014-2015 and each year thereafter. Annually, until 
8fiscal year 2023-2024, an amount equal to 15% of all 
9appropriations to the department for highway and bridge 
10capital programs shall be distributed at the discretion 
11of the secretary from the amount distributed under this 
12subparagraph.

13(iii) Thirteen percent for bridges.

14(iv) Two percent for bridges identified as county
15[or forestry] bridges. Distribution under this 
16subparagraph shall be in the ratio of:

17(A) the square footage of deck areas, as
18reported as part of the National Bridge Inspection
19Standards Program, of a county's county-owned
20bridges; to

21(B) the total square footage of deck area, as
22reported as part of the National Bridge Inspection
23Standards Program, of all county-owned bridges in
24this Commonwealth.

25(v) Twelve percent for local roads pursuant to
26section 9511(c) (relating to basic allocation to
27municipalities).

28(vi) Fourteen percent for toll roads designated
29pursuant to the act of September 30, 1985 (P.L.240, 
30No.61), known as the Turnpike Organization, Extension and

1Toll Road Conversion Act, to be appropriated under
2section 9511(h).

3(3) An additional 38.5 mills is hereby imposed upon all
4liquid fuels and fuels as defined and provided in Chapter 90,
5and such tax shall also be collected as provided in section
69004(b), the proceeds of which shall be deposited in The
7Motor License Fund and distributed as follows:

8(i) Twelve percent to municipalities on the basis of
9and subject to the provisions of the act of June 1, 1956 
10(1955 P.L.1944, No.655), referred to as the Liquid Fuels
11Tax Municipal Allocation Law, is appropriated.

12(ii) [Eighty-eight percent to the department is
13appropriated as follows:

14(A) Forty-seven percent for distribution in
15accordance with section 9102(b)(2) for fiscal year
161997-1998.

17(B) Fifty-three percent for a Statewide highway
18restoration, betterment and resurfacing program for
19fiscal year 1997-1998.

20(C) Fifty-seven percent for distribution in
21accordance with section 9102(b)(2) for fiscal year
221998-1999.

23(D) Forty-three percent for a Statewide highway
24restoration, betterment and resurfacing program for
25fiscal year 1998-1999.

26(E) Sixty-seven percent for distribution in
27accordance with section 9102(b)(2) for fiscal year
281999-2000.

29(F) Thirty-three percent for a Statewide highway
30restoration, betterment and resurfacing program for

1fiscal year 1999-2000.

2(G) Seventy-seven percent for distribution in
3accordance with section 9201(b)(2) for fiscal year
42000-2001.

5(H) Twenty-three percent for a Statewide highway
6restoration, betterment and resurfacing program for
7fiscal year 2000-2001.

8(I) One hundred percent for distribution in
9accordance with section 9102(b)(2) for fiscal year
102001-2002 and each year thereafter.

11(J) For any fiscal year beginning with 1997-1998
12through and including fiscal year 2000-2001, the
13department shall make supplemental maintenance
14program payments from the Statewide highway
15restoration betterment program to those county
16maintenance districts for which the total highway
17maintenance appropriations and executive
18authorizations in accordance with section 9102(b)
19would be less than the amount received in 1996-1997
20from the highway maintenance appropriation, the
21Secondary Roads-Maintenance and Resurfacing Executive
22Authorization, the Highway Maintenance Excise Tax
23Executive Authorization and the Highway Maintenance
24Supplemental Appropriation.

25The words and phrases used in this paragraph shall have the
26meanings given to them in section 9101 (relating to
27definitions). This one-time allocation shall be made in
28addition to and is not a replacement for amounts normally
29distributed to county maintenance districts under section
309102.] Fifty-three percent to the department for distribution
 

1in accordance with section 9102(b)(2) for fiscal year 2013-
22014 and 40% for fiscal year 2014-2015 and each fiscal year 
3thereafter.

4(iii) Thirty-five percent to the department for
5expanded highway and bridge maintenance for fiscal year
62013-2014 and 48% for fiscal year 2014-2015 and each
7fiscal year thereafter to be distributed as follows:

8(A) Annually, 15% of the amount deposited in a
9fiscal year shall be distributed at the discretion of
10the secretary.

11(B) Any funds deposited but not distributed
12under clause (A) shall be distributed in accordance
13with the formula under section 9102(b)(2).

14(C) Temporary transfers of funds may be made
15between counties if required for project cash flow.

16(4) An additional 55 mills is hereby imposed upon all 
17fuels as defined and provided in chapter 90 and such tax 
18shall also be collected as provided in section 9004(b) upon 
19such fuels, the proceeds of which shall be deposited in The 
20Highway Bridge Improvement Restricted Account within the 
21Motor License Fund and is hereby appropriated.

22Section 28. Section 9511(b) and (g) of Title 75 are amended 
23and the section is amended by adding a subsection to read:

24§ 9511. Allocation of proceeds.

25* * *

26(b) State Highway Transfer Restoration Restricted Account
27and local bridges.--

28(1) The amount of the proceeds deposited in the Motor
29License Fund pursuant to this chapter which[, in fiscal year
301983-1984,] is attributable to [two] three mills of the tax

1imposed under section 9502(a) (relating to imposition of tax)
2[and which, in fiscal year 1984-1985 and thereafter, is
3attributable to three mills of the tax,] shall be deposited
4as follows:

5(i) For fiscal years 2013-2014 through fiscal year
62016-2017, as follows:

7(A) Twenty-seven million dollars shall be
8deposited in the State Highway Transfer Restoration
9Restricted Account within the Motor License Fund. The
10funds deposited in the State Highway Transfer
11Restoration Restricted Account shall be appropriated
12annually for expenditure as provided under subsection
13(g).

14(B) All funds not deposited in accordance with
15clause (A) shall be deposited in the Highway Bridge
16Improvement Restricted Account within the Motor
17License Fund for local bridges, notwithstanding if
18the project is administered by a county, municipality
19or the department.

20(ii) For fiscal year 2017-2018 and each fiscal year
21thereafter, as follows:

22(A) One and one-half mill shall be deposited in
23the State Highway Transfer Restoration Restricted
24Account within the Motor License Fund, which account
25is hereby created. The funds deposited in the State
26Highway Transfer Restoration Restricted Account are
27hereby annually appropriated out of the account upon
28authorization by the Governor for expenditure as
29provided in subsection (g).

30(B) One and one-half mill shall be deposited in

1the Highway Bridge Improvement Restricted Account
2within the Motor License Fund for local bridges,
3notwithstanding if the project is administered by a
4county, municipality or the department.

5(2) If funds are available to make payments under
6subsection (g)(1), the department may transfer funds
7deposited under subparagraphs (i) and (ii) between the State
8Highway Transfer Restoration Restricted Account and the
9Highway Bridge Improvement Restricted Account at the
10discretion of the secretary.

11* * *

12(g) Use of funds in the State Highway Transfer Restoration 
13Restricted Account.--The funds appropriated in subsection (b)
14for deposit in the State Highway Transfer Restoration Restricted 
15Account shall be used to pay for the costs of restoration of
16such highways as provided in Chapter 92 (relating to transfer of
17State highways) and annual payments to the municipalities for
18highway maintenance in accordance with the following:

19(1) Annual maintenance payments shall be at the rate of
20$4,000 per mile for each highway or portion of highway
21transferred under Chapter 92, section 222 of the act of June 
221, 1945 (P.L.1242, No.428), known as the State Highway Law,
23or any statute enacted in 1981.

24(2) Annual maintenance payments shall be paid at the
25same time as funds appropriated under the act of June 1, 1956 
26(1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax
27Municipal Allocation Law, except that no maintenance payment
28shall be paid for a highway until after the year following
29its transfer to the municipality.

30(3) Annual maintenance payments under this subsection

1shall be in lieu of annual payments under the Liquid Fuels
2Tax Municipal Allocation Law.

3(4) Annual maintenance payments under this subsection
4shall be deposited into the municipality's liquid fuels tax
5account and may be used on any streets and highways in the
6municipality in the same manner and subject to the same
7restrictions as liquid fuels tax funds paid under the Liquid
8Fuels Tax Municipal Allocation Law or, in the case of a
9county, under section 10 of the act of May 21, 1931 (P.L.149, 
10No.105), known as The Liquid Fuels Tax Act.

11* * *

12(i) Refund to Pennsylvania Fish and Boat Commission.--

13(1) When the tax imposed by this chapter has been paid 
14and the fuel on which the tax has been imposed has been 
15consumed in the operation of motorboats or watercraft upon 
16the waters of this Commonwealth, including waterways 
17bordering on this Commonwealth, the full amount of the tax 
18shall be refunded to the Boat Fund on petition to the board 
19in accordance with prescribed procedures.

20(2) In accordance with such procedures, the Pennsylvania 
21Fish and Boat Commission shall biannually calculate the 
22amount of liquid fuels consumed by the motorcraft and furnish 
23the information relating to its calculations and data as 
24required by the board. The board shall review the petition 
25and motorboat fuel consumption calculations of the 
26commission, determine the amount of the oil company franchise 
27tax paid and certify to the State Treasurer to refund 
28annually to the Boat Fund the amount so determined. The 
29department shall be accorded the right to appear at the 
30proceedings and make its views known.

1(3) For the fiscal years commencing July 1, 2013, July 
21, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the 
3money under paragraph (2) shall be used by the commission 
4acting by itself or by agreement with other Federal and State 
5agencies only for the improvement of hazardous dams 
6impounding waters of this Commonwealth on which boating is 
7permitted, including the development and construction of 
8boating areas and the dredging and clearing of water areas 
9where boats can be used. The commission shall present its 
10plan no later than September 30 of each year through 
11September 30, 2017, to the chairman and minority chairman of 
12the Transportation and Game and Fisheries Committees of the 
13Senate and the chairman and minority chairman of the 
14Transportation and Game and Fisheries Committees of the House 
15of Representatives regarding the use of the funds. For the 
16fiscal year commencing July 1, 2018, and for each fiscal year 
17thereafter, this money shall be used by the commission acting 
18by itself or by agreement with other Federal and State 
19agencies only for the improvement of the waters of this 
20Commonwealth on which motorboats are permitted to operate and 
21may be used for the development and construction of motorboat 
22areas; the dredging and clearing of water areas where 
23motorboats can be used; the placement and replacement of 
24navigational aids; the purchase, development and maintenance 
25of public access sites and facilities to and on waters where 
26motorboating is permitted; the patrolling of motorboating 
27waters; the publishing of nautical charts in those areas of 
28this Commonwealth not covered by nautical charts published by 
29the United States Coast and Geodetic Survey or the United 
30States Army Corps of Engineers and the administrative
 

1expenses arising out of such activities; and other similar 
2purposes.

3Section 28.1. Section 9602 of Title 75 is amended by adding
4a definition to read:

5§ 9602. Definitions.

6The following words and phrases when used in this chapter and
7in Chapter 21 (relating to motor carriers road tax
8identification markers) shall have the meanings given to them in
9this section and in section 2101.1 (relating to definitions)
10unless the context clearly indicates otherwise:

11* * *

12"Permit." A permit authorizing travel of a qualified

13motor vehicle in this Commonwealth which is not suspended,
14revoked or canceled.

15* * *

16Section 28.2. Section 9610 of Title 75 is amended to read:

17§ 9610. [Records.

18Every motor carrier shall keep such records, in such form as the
19department reasonably may prescribe, as will enable the carrier
20to report and enable the department to determine the total
21number of miles traveled by its entire fleet of qualified motor
22vehicles, the total number of miles traveled in this
23Commonwealth by the entire fleet, the total number of gallons of
24motor fuel used by the entire fleet and the total number of
25gallons of motor fuel purchased in this Commonwealth for the
26entire fleet. All such records shall be safely preserved for a
27period of four years in such manner as to insure their security
28and availability for inspection by the secretary or any
29authorized employee engaged in the administration of this
30chapter. Upon application in writing, stating the reasons

1therefor, the department may, in its discretion, consent to the
2destruction of any such records at any time within that period
3if the records pertain to a period which has been audited by the
4department. Every taxpayer shall retain records required by this
5chapter at a place within this Commonwealth, but a taxpayer who
6elects to retain records outside of this Commonwealth shall
7assume reasonable out-of-State audit expenses.] (Reserved).

8Section 28.3. Title 75 is amended by adding a section to
9read:

10§ 9610.1 Recordkeeping.

11(a) Records.--Every motor carrier shall keep records, in a
12form as the department may reasonably prescribe, as will enable
13the carrier to report and enable the department to determine all
14of the following:

15(1) The total number of miles traveled by its entire
16fleet of qualified motor vehicles.

17(2) The total number of miles traveled in this
18Commonwealth by the entire fleet.

19(3) The total number of gallons of motor fuel used by
20the entire fleet.

21(4) The total number of gallons of motor fuel purchased
22in this Commonwealth for the entire fleet.

23(b) Record location.--Every taxpayer shall retain records
24required by this chapter at a place within this Commonwealth.
25A taxpayer who elects to retain records outside this
26Commonwealth shall assume reasonable out-of-State audit
27expenses.

28(c) Record preservation.--Records shall be preserved for a
29period of four years from the due date of the return or the date
30filed, whichever is later. The preservation shall ensure their

1security and availability for inspection by the secretary or any
2authorized employee engaged in the administration of this
3chapter. Records may be kept on microfilm, microfiche or other
4computerized or condensed record storage system. Upon
5application in writing, stating the reasons therefor, the
6department may, in its discretion, consent to the destruction of
7any such records at any time within that period if the records
8pertain to a period which has been audited by the department.

9(d) Record availability.--Records for International Fuel Tax
10Agreement licensees must be made available upon request of a
11member jurisdiction.

12(e) Statute of limitations.--Failure to provide records
13demanded for the purpose of audit shall extend the statute of
14limitations until the records are provided.

15(f) Separate accounting.--Bulk storage fuel purchases and
16withdrawals and over-the-road purchases shall be accounted for
17separately.

18(g) International Fuel Tax Agreement vehicles.--The
19International Fuel Tax Agreement vehicles whose base
20jurisdiction is this Commonwealth shall follow the International
21Fuel Tax Agreement Procedures Manual for the following
22recordkeeping standards:

23(1) Over-the-road fuel purchases.

24(2) Bulk fuel purchases.

25(3) Distance records.

26(4) Acceptable source records for recording vehicle
27distance information that shall include all of the following:

28(i) The Individual Vehicle Mileage Record required
29by the International Registration Plan.

30(ii) A trip report that includes the information in

1paragraphs (1) through (3), the starting and ending date
2of the trip, the trip's origin and destination, including
3city and state, routes of travel, starting and ending
4odometer readings, vehicle unit number, vehicle fleet
5number and licensee's name.

6(iii) At the option of the carrier, on-board
7recording devices that may be used in lieu of or in
8addition to handwritten trip reports for fuel tax
9reporting. On-board recording devices may be used alone
10or in conjunction with an electronic computer system, or
11in conjunction with manual systems.

12(5) Data collection to obtain the information needed to
13verify fleet distance, to prepare the Individual Vehicle
14Distance Record and for fuel tax purposes, the carrier shall
15maintain all mandatory and optional records as specified in
16the International Fuel Tax Agreement Procedures Manual.

17(6) International Fuel Tax Agreement decals shall be
18considered records under this section. International Fuel Tax
19Agreement motor carriers shall be responsible for maintaining
20the decals for periods sufficient to meet the record
21preservation rules under subsection (c). If a motor carrier
22loses control of a decal for which it is responsible under
23Chapter 21 (relating to motor carriers road tax
24identification markers), the motor carrier shall notify the
25department in writing of the loss within ten days. An owner-
26operator to whom a licensed carrier has provided decals shall
27remain responsible for the disposition of the owner-
28operator's decals.

29(h) Qualified motor vehicles.--A qualified motor vehicle not
30subject to International Fuel Tax Agreement and holding a motor
 

1carrier road tax license under Chapter 21 (relating to motor 
2carriers road tax identification markers) shall comply with
3subsections (a) through (f). The qualified motor vehicle holding
4the permit shall maintain responsibility for PA-MCRT decals in a
5manner similar to that as provided for International Fuel Tax
6Agreement decals in subsection (g)(6).

7(i) Compliance.--Noncompliance with any recordkeeping
8requirement under this section may cause revocation of the
9license.

10(j) Definition.--For purposes of this section, the term
11"record," wherever applicable and practical, shall include
12actual individual records of mileage traveled or receipts of
13fuel purchased.

14Section 28.4. Sections 9611 and 9613 of Title 75 are amended
15to read:

16§ 9611. Surety bond for payment of taxes.

17(a) General.--A motor carrier may give a surety company bond
18in an amount deemed necessary by the department to protect the
19revenues of the Commonwealth, payable to the Commonwealth of
20Pennsylvania and conditioned that the carrier will pay all taxes
21due and to become due under this chapter from the date of the
22bond to the date when either the carrier or the bonding company
23notifies the department that the bond has been canceled. The
24surety shall be a corporation authorized to write surety bonds
25in this Commonwealth. As long as the bond remains in force, the
26Board of Finance and Revenue may order refunds to the motor
27carrier in the amounts appearing to be due on applications duly
28filed by the motor carrier under section 9604 (relating to
29credit for motor fuel tax payment), without first auditing the
30records of the carrier. The bond shall cover taxes and interest

1due thereon even though the assessment is made after
2cancellation of the bond, but only for taxes due and payable
3while the bond was in force and penalties and interest on such
4taxes.

5(b) Conditions for bonding.--The department may require a
6licensee to post a bond if any of the following conditions
7exist:

8(1) The licensee fails to timely file tax returns or
9remit taxes.

10(2) When an audit, examination or inspection of records
11indicates problems severe enough that, in the department's
12discretion, a bond is required to protect the interests of
13the Commonwealth or member jurisdictions.

14(3) As may be required under the International Fuel Tax
15Agreement.

16(c) Surety amount.--The total amount of the bond shall be

17determined by the department and shall be equivalent to at least
18twice the amount of the estimated average tax liability for the
19tax reporting period for which the licensee shall be required to
20file a tax return.

21(d) Surety substitute.--Upon approval by the department, in
22lieu of a surety bond, an International Fuel Tax Agreement
23licensee or applicant for a new International Fuel Tax Agreement
24license may deposit a substitute type of surety as provided for
25in the International Fuel Tax Agreement Articles of Agreement
26and Procedures Manual.

27(e) Demand on bond.--In order to secure the revenues of the
28Commonwealth or member jurisdictions, the department shall have
29the discretion to make demand on a taxpayer's surety bond upon
30discovering a failure to timely file a report or payment as

1required under section 9605 (relating to tax due date).

2(f) Applicability.--Bond requirements under this section may
3apply to new International Fuel Tax Agreement license applicants
4and existing International Fuel Tax Agreement licensees.

5§ 9613. Penalty and interest for failure to report or pay tax.

6When any motor carrier fails to file a report [and] or pay
7the tax within the time prescribed by this chapter for the
8filing [and] or payment thereof, he shall pay as a penalty for
9each failure to file or to pay on or before the prescribed date
10a sum equivalent to 10% of the tax or $50, whichever is greater.
11In addition to this penalty, any unpaid tax shall bear interest
12at the current rate [of 1% per month or fraction thereof]
13imposed by the International Fuel Tax Agreement until the tax is
14paid. If the Commonwealth ceases to participate in the 
15International Fuel Tax Agreement, the rate shall be 1% per month 
16or fraction thereof until the tax is paid. The penalties and 
17interest charges imposed shall be paid to the department in 
18addition to the tax due. This section shall apply to any 
19qualified motor vehicle, including a qualified motor vehicle 
20bearing an International Fuel Tax Agreement or motor carrier 
21road tax license and decal in accordance with Chapter 21 
22(relating to motor vehicle road tax carriers identification 
23markers).

24Section 28.5. Section 9615(e) of Title 75 is amended and the
25section is amended by adding a subsection to read:

26§ 9615. Manner of payment and recovery of taxes, penalties and
27interest.

28* * *

29[(e) Renewal of lien.--The lien imposed under this section
30shall continue for five years from the date of its entry of

1record and may be renewed and continued in the manner provided
2for the renewal of judgments.]

3(e.1) Renewal of lien.--A lien under this section shall
4continue as specified under section 1401 of the act of April 9,
51929 (P.L.343, No.176), known as The Fiscal Code.

6Section 28.6. Sections 9616(a), (e) and (f) and 9617 are
7amended to read:

8§ 9616. [Determination, redetermination] Assessment, 
9reassessment and review.

10(a) Failure to pay tax.--If any person fails to pay any tax
11imposed by this chapter for which he is liable, the department
12may make [a determination] an assessment of additional tax and
13interest due by such person based upon any information within
14its possession or that shall come into its possession. All
15[determinations] assessments shall be made so that notice
16thereof shall reach the parties against whom made within five
17years after the due date of the tax. Any assessment may be made
18at any time during that period notwithstanding that the
19department may have made one or more previous assessments
20against the taxpayer for the year in question or for any part of
21that year. In any case, no credit shall be given for any penalty
22previously assessed or paid.

23* * *

24(e) Petition for [redetermination] reassessment.--Promptly
25after the date of the [determination] assessment, the department
26shall send, by first class mail, a copy thereof to the person
27against whom it was made. Within 90 days after the date upon
28which the copy of any such [determination] assessment was
29mailed, such person may file with the department a petition for
30[redetermination] reassessment of the taxes. The petition for

1[redetermination] reassessment shall state specifically the
2reasons which the petitioner believes entitle him to the
3[redetermination] reassessment, and it shall be supported by
4affirmation that it is not made for the purpose of delay and
5that the facts set forth therein are true. It shall be the duty
6of the department, within six months after the date of any
7determination, to dispose of any petition for redetermination.
8Notice of the action taken upon any petition for redetermination
9shall be given to the petitioner promptly after the date of
10redetermination by the department.

11(f) [Review and appeal.--Any person shall have the right to
12review by the Board of Finance and Revenue and appeal in the
13same manner and within the same time as provided by law in the
14case of capital stock and franchise taxes imposed upon
15corporations.] A person dissatisfied with the decision of the 
16department under subsection (b) shall have the right to petition 
17for review by the Board of Finance and Revenue in accordance 
18with Article XXVII of the act of March 4, 1971 (P.L.6, No.2), 
19known as the Tax Reform Code of 1971.

20§ 9617. [Timely mailing treated as timely filing and payment.

21With respect to all reports, claims, statements and other
22documents required to be filed and all payments required to be
23made under this chapter, any such report, claim, statement and
24other document or payment of tax withheld shall be considered as
25timely filed if the report, claim, statement or other document
26or payment which has been received by the department is
27postmarked by the United States Postal Service on or prior to
28the final day on which payment is to be received. For the
29purposes of this chapter, the presentation of a receipt
30indicating that the report, claim, statement or other document

1or payment was mailed by registered or certified mail on or
2before the due date shall be prima facie evidence of timely
3filing of the report, claim, statement or other document or
4payment.] (Reserved).

5Section 28.6. Title 75 is amended by adding sections to
6read:

7§ 9617.1. Method of filing and timeliness.

8(a) Electronic filing.--Except as provided for under
9subsection (b), unless specifically provided for by law, all
10reports, payments and petitions shall be filed electronically
11with the department. Upon receipt of an electronic filing by the
12department, the filing shall be deemed to have occurred on the
13specific date and time indicated by the department's computers
14or systems.

15(b) Exceptions.--

16(1) Electronic filing shall not be required for any
17payment amounts less than $1,000.

18(2) A motor carrier may be excused from electronic
19filing that is otherwise required by law upon presenting to
20the department evidence of hardship in filing electronically.
21Such evidence shall be provided to and accepted by the
22department before the due date for the report, payment or
23petition.

24(3) Electronic filing shall not be accepted by the
25department for certain required filings under this chapter
26where the department does not have the technical capability
27to process such an electronic filing.

28(c) United States Postal Service filing.--

29(1) Whenever a report, payment or petition is required
30or allowed by law to be filed with the department by United

1States Postal Service, all of the following shall apply:

2(i) If the report must be received by the department
3on or before a day certain, the taxpayer shall be deemed
4to have complied with the law if the correctly addressed
5envelope transmitting the report, payment or petition
6received by the department is postmarked by United States
7Postal Service on or before the final day on which the
8report, payment or petition is required to be received.

9(ii) For the purposes of this subsection,
10presentation of a receipt from United States Postal
11Service indicating that the correctly addressed envelope
12transmitting the report, payment or petition received by
13the department was mailed on or before the due date shall
14be evidence of timely filing and payment.

15(d) Applicability.--This section shall not apply to any
16report, payment or petition that is required by law to be
17delivered by any method other than mailing.

18§ 9623. Uncollectible payments.

19If the payment of a tax, penalty or interest imposed by this
20chapter is returned to the department as uncollectible, the
21department shall follow section 3003.9 of the act of March 4,
221971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

23§ 9624. Emergency assistance in a timely manner.

24(a) Within this Commonwealth.--Upon the Governor's
25declaration of a state of emergency in this Commonwealth, the
26Secretary of Revenue may waive, suspend or otherwise modify any
27provisions of this chapter for the sole purpose of enabling
28motor carriers to respond to emergency conditions and conduct
29emergency relief efforts in a timely manner. The waivers,
30suspensions or modifications shall be effective for a specific

1period of time as determined by the Secretary of Revenue and
2shall not exceed the termination of the state of emergency
3declared by the Governor.

4(b) Outside this Commonwealth.--The Secretary of Revenue,
5with prior authorization from the Governor, may waive, suspend
6or otherwise modify any provisions of this chapter on a
7temporary and definite basis in order to facilitate the timely
8movement of vehicles or fuel from and through this Commonwealth
9to other jurisdictions requesting emergency assistance from this
10Commonwealth.

11(c) Recordkeeping.--Notwithstanding subsections (a) and (b),
12each distributor, exempt entity or other person who buys, sells
13or uses liquid fuels, fuels or alternative fuels pursuant to the
14terms of an emergency declaration shall maintain records to
15substantiate participation in emergency relief efforts. A
16vehicle, other than a qualified motor vehicle as defined under
17section 2101.1 (relating to definitions) or a vehicle operated
18by an exempt entity traveling on the public highways of this
19Commonwealth during the emergency period under subsection (a) or
20(b) must maintain records of purchases of tax-exempt fuel.

21(d) Taxes not waived.--Unless suspended by the Secretary of
22Revenue, liquid fuels, fuels and alternative fuel taxes imposed
23under section 9004 may not be waived for an emergency period
24under subsection (a) or (b).

25Section 29. (Reserved).

26Section 30. The addition of 74 Pa.C.S. § 9202 shall apply to
27contracts entered into on or after the effective date of this
28section.

29Section 31. The General Assembly declares that the amendment
30of 75 Pa.C.S. § 4968(a.2)(4) shall not affect the Department of

1Transportation's requirements regarding the permit for the
2movement of raw milk found at 50A on pages 83 and 84 of the
3Department of Transportation's Publication 31.

4Section 32. Repeals are as follows:

5(1) The General Assembly declares that the repeal under 
6paragraph (2) is necessary to effectuate the following:

7(i) The addition of 74 Pa.C.S. § 1505.1.

8(ii) The amendment of 74 Pa.C.S. § 1506(c)(3).

9(2) Sections 281.2(b), (d) and (e) and 1110-A(c) and 
10Article XXIII of the act of March 4, 1971 (P.L.6, No.2), 
11known as the Tax Reform Code of 1971, are repealed.

12Section 33. This act shall take effect as follows:

13(1) The following provisions shall take effect
14immediately:

15(i) This section.

16(ii) The addition of 74 Pa.C.S. Ch. 59 Subch. C.

17(iii) The addition of 75 Pa.C.S. § 4968(a.1)(3),
18(a.2)(4) and (b).

19(2) The remainder of this act shall take effect in 60 
20days.