S1147B1912A13418     BIL:EAZ  09/28/12     #90        A13418

  

  

  

  

AMENDMENTS TO SENATE BILL NO. 1147

Printer's No. 1912

  

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Amend Bill, page 1, line 2, by inserting after "Statutes,"

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in commercial drivers, further providing for employer

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responsibilities and for requirement for commercial

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driver's license; 

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Amend Bill, page 1, line 3, by striking out "and," and

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inserting

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 in rules of the road, further providing for vehicles required

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to stop at railroad crossings; in powers of department and local

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authorities, further providing for applicability and uniformity

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of title; in liquid fuels and fuels tax, further providing for

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disposition and use of tax;

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Amend Bill, page 1, lines 10 and 11, by striking out all of

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said lines and inserting

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Section 1.  Sections 1605(b) and 1606(a) of Title 75 of the

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Pennsylvania Consolidated Statutes are amended to read:

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§ 1605.  Employer responsibilities.

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* * *

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(b)  Prohibitions.--No employer shall knowingly allow,

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require, permit or authorize a driver to drive a commercial

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motor vehicle [during any period]:

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(1)  during any period in which:

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(i)  the driver's license was suspended, revoked or

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canceled by a state;

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(ii)  the driver has lost the privilege to drive a

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commercial motor vehicle in a state;

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(iii)  the driver has been disqualified from driving

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a commercial motor vehicle;

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(iv)  the driver is not licensed to drive a

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commercial vehicle;

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(v)  the driver is not qualified by required class or

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endorsement to operate the commercial vehicle being

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driven; or

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(vi)  the driver, or the commercial motor vehicle the

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driver is driving, or the motor carrier operation is

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subject to an out-of-service order; [or]

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(2)  during any period in which the driver has more than

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one driver's license[.]; or

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(3)  in violation of a Federal, State or local law or

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regulation pertaining to railroad-highway grade crossing.

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* * *

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§ 1606.  Requirement for commercial driver's license.

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(a)  When required.--No person, except those specifically

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exempted in subsection (b), shall drive a commercial motor

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vehicle unless [the person has been issued and is in immediate

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possession of a valid commercial driver's license and applicable

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endorsements valid for the vehicle he is driving.]:

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(1)  the person has been issued a commercial driver's

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license;

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(2)  the person's commercial driver's license is in his

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immediate possession; and

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(3)  the person's commercial driver's license was issued

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for the class of commercial motor vehicle operated and

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contains all applicable license endorsements.

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* * *

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Section 2.  Section 1943 of Title 75 is amended by adding a

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subsection to read:

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Amend Bill, page 1, by inserting between lines 17 and 18

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Section 3.  Section 3342(g) of Title 75 is amended and the

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section is amended by adding subsections to read:

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§ 3342.  Vehicles required to stop at railroad crossings.

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* * *

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(g)  Requirement upon approaching tracks.--[Every] Upon

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approaching any track of a railroad, the driver of every 

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commercial motor vehicle as defined by section 1603 (relating to

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definitions) other than those listed in subsection (b) shall[,

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upon approaching any track or tracks of a railroad, be driven at

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a rate of speed which will permit the commercial motor vehicle

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to be stopped before reaching the nearest rail of the railroad

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crossing and shall not be driven upon or over such crossing

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until the course is clear.]:

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(1)  reduce the rate of speed of the commercial motor

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vehicle and check that the tracks are free of approaching

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trains; and

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(2)  stop the vehicle if the tracks are not clear.

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(h)  Railroad grade crossing.--No commercial motor vehicle

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may proceed onto a railroad grade crossing unless:

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(1)  there is sufficient space to drive completely

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through the crossing without stopping; and

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(2)  the vehicle has sufficient undercarriage clearance

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to allow the vehicle to drive completely through the railroad

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grade crossing without stopping.

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(i)  Traffic control.--No driver of a commercial motor

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vehicle may fail to obey a traffic control device or direction

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of an enforcement officer at a railway grade crossing.

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Amend Bill, page 1, line 18, by striking out "2" and

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inserting

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 4

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Amend Bill, page 3, line 10, by striking out "3" and

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inserting

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 5

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Amend Bill, page 4, line 7, by striking out "4" and inserting

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 6

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Amend Bill, page 4, by inserting between lines 22 and 23

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Section 7.  Section 6101 of Title 75 is amended to read:

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§ 6101.  Applicability and uniformity of title.

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

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applicable and uniform throughout this Commonwealth and in all

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political subdivisions in this Commonwealth, and no local

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authority shall enact or enforce any ordinance on a matter

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covered by the provisions of this title unless expressly

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authorized.

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

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determines and notifies the department that an ordinance adopted

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by a local authority is in violation of subsection (a),

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commencing 40 days following entry of a final order, unless an

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appeal has been timely filed with a court of record, the

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following sanctions apply until the local authority repeals or

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substantially amends the ordinance to remove the language that

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

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(1)  Suspension of unobligated capital expenditures for

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bridges and highways.

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

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

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Tax Municipal Allocation Law.

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(3)  Suspension of allocation and apportionment under

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

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(4)  Suspension of expenditures from the special fund

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into which allocations under the act of June 1, 1956 (1955

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P.L.1944, No.655), referred to as the Liquid Fuels Tax

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Municipal Allocation Law, are deposited, unless a contract

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for the work that is the subject of the expenditure has been

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fully executed or the moneys have been otherwise obligated.

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

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authority has repealed or substantially amended the ordinance to

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remove the language that was found to be in violation of

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subsection (a), the department shall immediately end all

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sanctions against the local authority and return all suspended

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funds to the local authority.

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Section 8.  Section 9010(c) introductory paragraph of Title

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75 is amended and the section is amended by adding subsections 

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to read:

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§ 9010.  Disposition and use of tax.

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* * *

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

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

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apportion money from the County Liquid Fuels Tax Fund to the

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political subdivisions within the county in the ratio as

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provided in this subsection. When the unencumbered balance in

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the County Liquid Fuels Tax Fund is greater than the receipts

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for the 12 months immediately preceding the date of either of

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the reports, the county commissioners shall notify the political

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subdivisions to make application within 90 days for

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participation in the redistribution of the unencumbered balance.

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Redistribution shall be effected within 120 days of the date of

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either of the reports. The county commissioners may distribute

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

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the previous 12 months to the political subdivisions making

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application in the following manner:

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* * *

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

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

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(relating to specific powers of department and local

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

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applicability and uniformity of title) shall be withheld by the

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

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violation of section 6101(a).

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

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authority has repealed or substantially amended the ordinance to

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

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

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county and due the local agency.

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* * *

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Amend Bill, page 4, line 23, by striking out "5" and

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inserting

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 9

  

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