PRIOR PRINTER'S NOS. 2644, 2851 PRINTER'S NO. 3063
No. 2016 Session of 2001
INTRODUCED BY GEIST, CAPPELLI, COSTA, THOMAS, GODSHALL, HARHAI,
HARHART, HERSHEY, LEWIS, McCALL, METCALFE, R. MILLER,
PHILLIPS, PRESTON, SAINATO, SHANER, E. Z. TAYLOR, WOJNAROSKI
AND G. WRIGHT, OCTOBER 15, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 11, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, FURTHER DEFINING "HIGHWAY"; further providing for <--
3 applicability and uniformity of law and, for disposition and <--
4 use of liquid fuels and fuels tax AND FOR REFUNDS. <--
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6101 of Title 75 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
9 SECTION 1. THE DEFINITION OF "HIGHWAY" IN SECTION 102 OF <--
10 TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO
11 READ:
12 § 102. DEFINITIONS.
13 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
14 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
15 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
16 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
17 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
1 * * *
2 "HIGHWAY." THE ENTIRE WIDTH BETWEEN THE BOUNDARY LINES OF
3 EVERY WAY PUBLICLY MAINTAINED WHEN ANY PART THEREOF IS OPEN TO
4 THE USE OF THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL. THE TERM
5 INCLUDES A ROADWAY OPEN TO THE USE OF THE PUBLIC FOR VEHICULAR
6 TRAVEL ON GROUNDS OF A COLLEGE OR UNIVERSITY OR PUBLIC OR
7 PRIVATE SCHOOL OR PUBLIC OR HISTORICAL PARK, OR ANY TRAIL ON
8 PUBLIC OR PRIVATE LAND WHEN USED BY OFF-HIGHWAY RECREATIONAL
9 VEHICLES.
10 * * *
11 SECTION 2. SECTION 6101 OF TITLE 75 IS AMENDED TO READ:
12 § 6101. Applicability and uniformity of title.
13 (a) Requirement.--The provisions of this title shall be
14 applicable and uniform throughout this Commonwealth and in all
15 political subdivisions in this Commonwealth, and no local
16 authority shall enact or enforce any ordinance on a matter
17 covered by the provisions of this title unless expressly
18 authorized.
19 (b) Sanctions.--A local authority which violates subsection
20 (a) is subject to the following sanctions during the period of
21 time the ordinance remains in effect:
22 (1) Suspension of capital expenditures for bridges and
23 highways.
24 (2) Suspension of allocation under the act of June 1,
25 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels
26 Tax Municipal Allocation Law.
27 (3) Suspension of allocation and apportionment under
28 section 9010(c.1) (relating to disposition and use of tax).
29 Section 2. Section 9010(c) introductory paragraph of Title <--
30 75 is amended and the section is amended by adding a subsection
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1 to read:
2 SECTION 3. SECTIONS 9010(C) INTRODUCTORY PARAGRAPH AND <--
3 9017(D) OF TITLE 75 ARE AMENDED AND THE SECTIONS ARE AMENDED BY
4 ADDING SUBSECTIONS TO READ:
5 § 9010. Disposition and use of tax.
6 * * *
7 (c) Allocation of money.--[The] Except as set forth in
8 subsection (c.1), the county commissioners may allocate and
9 apportion money from the County Liquid Fuels Tax Fund to the
10 political subdivisions within the county in the ratio as
11 provided in this subsection. When the unencumbered balance in
12 the County Liquid Fuels Tax Fund is greater than the receipts
13 for the 12 months immediately preceding the date of either of
14 the reports, the county commissioners shall notify the political
15 subdivisions to make application within 90 days for
16 participation in the redistribution of the unencumbered balance.
17 Redistribution shall be effected within 120 days of the date of
18 either of the reports. The county commissioners may distribute
19 the unencumbered balance in excess of 50% of the receipts for
20 the previous 12 months to the political subdivisions making
21 application in the following manner:
22 * * *
23 (c.1) Forfeiture.--All money allocated under subsection (c)
24 to a political subdivision which, under section 6109(a)
25 (relating to specific powers of department and local
26 authorities), violates section 6101(a) (relating to
27 applicability and uniformity of title) shall be withheld by the
28 county during the period of time in which the municipality is in
29 violation of section 6101(a).
30 * * *
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1 § 9017. REFUNDS. <--
2 * * *
3 [(D) OFF-HIGHWAY RECREATIONAL VEHICLES.--
4 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
5 ON FUEL USED IN OFF-HIGHWAY RECREATIONAL VEHICLES WITHIN THIS
6 COMMONWEALTH, AN AMOUNT EQUAL TO THE REVENUE GENERATED BY THE
7 TAX, BUT NOT DERIVED THEREFROM, MAY BE APPROPRIATED THROUGH
8 THE GENERAL FUND TO THE DEPARTMENT OF CONSERVATION AND
9 NATURAL RESOURCES. IT IS THE INTENT OF THIS CHAPTER THAT ALL
10 PROCEEDS FROM THE TAX PAID ON FUEL USED IN OFF-HIGHWAY
11 RECREATIONAL VEHICLES WITHIN THIS COMMONWEALTH BE PAID
12 WITHOUT DIMINUTION OF THE MOTOR LICENSE FUND.
13 (2) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
14 SHALL BIENNIALLY CALCULATE THE AMOUNT OF LIQUID FUEL CONSUMED
15 BY OFF-HIGHWAY RECREATIONAL VEHICLES AND FURNISH INFORMATION
16 RELATING TO ITS CALCULATIONS AND DATA AS MAY BE REQUIRED BY
17 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
18 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
19 (3) THE GENERAL ASSEMBLY SHALL REVIEW THE FUEL
20 CONSUMPTION CALCULATIONS OF THE DEPARTMENT OF CONSERVATION
21 AND NATURAL RESOURCES TO DETERMINE THE AMOUNT OF LIQUID FUELS
22 TAX PAID ON LIQUID FUELS CONSUMED IN THE PROPULSION OF OFF-
23 HIGHWAY RECREATIONAL VEHICLES IN THIS COMMONWEALTH AND MAY
24 ANNUALLY APPROPRIATE TO THE DEPARTMENT OF CONSERVATION AND
25 NATURAL RESOURCES THE AMOUNT SO DETERMINED.
26 (4) MONEY APPROPRIATED UNDER PARAGRAPH (3) SHALL BE USED
27 FOR THE BENEFIT OF MOTORIZED AND NONMOTORIZED RECREATIONAL
28 TRAILS BY THE DEPARTMENT OF CONSERVATION AND NATURAL
29 RESOURCES AS PROVIDED IN THE INTERMODAL SURFACE
30 TRANSPORTATION EFFICIENCY ACT OF 1991 (PUBLIC LAW 102-240,
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1 105 STAT. 1914).]
2 (D.1) MOTORIZED RECREATIONAL VEHICLES.--AN AMOUNT EQUAL TO
3 50% OF THE TAX IMPOSED BY SECTION 9004(A) (RELATING TO
4 IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS) ON FUEL CONSUMED
5 IN THE OPERATION OF MOTORIZED RECREATIONAL VEHICLES WITHIN THIS
6 COMMONWEALTH, BUT NOT TO EXCEED $1,000,000, SHALL BE REFUNDED
7 OUT OF THE LIQUID FUELS TAX FUND TO THE DEPARTMENT OF
8 CONSERVATION AND NATURAL RESOURCES IN THE FOLLOWING MANNER:
9 (1) THERE IS HEREBY ESTABLISHED A SPECIAL NONLAPSING
10 RESTRICTED RECEIPTS ACCOUNT IN THE STATE TREASURY TO BE KNOWN
11 AS THE RECREATIONAL TRAILS TRUST FUND.
12 (2) ONE-HALF OF THE TAX REVENUES, NOT TO EXCEED
13 $1,000,000, GENERATED BY THE TAX IMPOSED BY SECTION 9004(A)
14 ON FUEL USED IN MOTORIZED RECREATIONAL VEHICLES USED WITHIN
15 THIS COMMONWEALTH, AS DETERMINED BY THE DEPARTMENT OF
16 CONSERVATION AND NATURAL RESOURCES, SHALL BE ANNUALLY
17 REFUNDED TO THE DEPARTMENT THROUGH THE RECREATIONAL TRAILS
18 TRUST FUND.
19 (3) ALL MONEYS IN THE FUND ARE HEREBY APPROPRIATED ON A
20 CONTINUING NONLAPSING BASIS TO THE DEPARTMENT OF CONSERVATION
21 AND NATURAL RESOURCES FOR THE ACTIVITIES REFERRED TO IN
22 PARAGRAPH (5).
23 (4) ALL INTEREST EARNED BY THE FUND AND REFUNDS OR
24 REPAYMENTS SHALL BE CREDITED TO THE FUND AND ARE HEREBY
25 APPROPRIATED IN THE SAME MANNER AS PARAGRAPH (3).
26 (5) ALL MONEY IN THE FUND SHALL BE USED BY THE
27 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES IN
28 ACCORDANCE WITH THE RECOMMENDATIONS OF THE SNOWMOBILE AND ATV
29 ADVISORY COMMITTEE FOR THE ACQUISITION, CREATION AND
30 MAINTENANCE OF TRAILS USED BY MOTORIZED RECREATIONAL VEHICLES
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1 AND FOR ENFORCEMENT IN STATE FORESTS AND STATE PARKS.
2 * * *
3 Section 3 4. This act shall take effect as follows: <--
4 (1) The amendment or addition of 75 Pa.C.S. § 9010(c)
5 and (c.1) shall take effect January 1, 2002.
6 (2) This section shall take effect immediately.
7 (3) The remainder of this act shall take effect in 60
8 days.
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