PRIOR PRINTER'S NOS. 1899, 4022, 4463, PRINTER'S NO. 4745 4661, 4726
No. 1553 Session of 2001
INTRODUCED BY CIVERA, T. ARMSTRONG, M. BAKER, BARLEY, BARRAR, BELFANTI, CALTAGIRONE, CAPPELLI, CREIGHTON, CRUZ, DALEY, DALLY, DERMODY, DeWEESE, FEESE, FICHTER, FLEAGLE, FORCIER, GEIST, GODSHALL, HARHAI, HARHART, HESS, HORSEY, HUTCHINSON, KELLER, KREBS, LaGROTTA, LAUGHLIN, LEH, LESCOVITZ, McCALL, McILHATTAN, McNAUGHTON, METCALFE, NICKOL, PALLONE, PETRARCA, PHILLIPS, READSHAW, ROHRER, ROONEY, ROSS, SAINATO, SANTONI, SATHER, SAYLOR, SHANER, S. H. SMITH, SOLOBAY, STERN, R. STEVENSON, T. STEVENSON, SURRA, E. Z. TAYLOR, THOMAS, WALKO, WANSACZ, WOJNAROSKI, YEWCIC, YOUNGBLOOD, TRELLO, HASAY, ROBERTS, HANNA, SCHULER, PIPPY, COLEMAN, STEELMAN, WATERS, BENNINGHOFF AND S. MILLER, MAY 8, 2001
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES, NOVEMBER 27, 2002
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for judicial review, for classes <-- 3 of licenses, for learners' permits, for identification card 4 and, FOR CARRYING AND EXHIBITING DRIVER'S LICENSE ON DEMAND <-- 5 AND for notice of change of name or address; requiring 6 compliance with Federal selective service requirements as 7 part of application for learners' permits or drivers' 8 licenses; further providing for chemical testing to determine <-- 9 amount of alcohol or controlled substance; PROHIBITING <-- 10 OPERATORS FROM USING MOBILE PHONES UNDER CERTAIN 11 CIRCUMSTANCES; FURTHER PROVIDING for footrests and handhold 12 on motorcycles, for driving under the influence of alcohol or 13 controlled substance and for required financial 14 responsibility; providing for lighted lamp requirements for 15 motorcycles; and further providing for periods for requiring 16 lighted lamps, for scope and application of provisions 17 relating to size, weight and load and for refunds relating to 18 liquid fuels and fuels tax. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows:
1 Section 1. Sections 1377(b), 1504(d)(4), 1505(c), 1510(b), <-- 2 1511 and 1515 of Title 75 of the Pennsylvania Consolidated 3 Statutes are amended to read: 4 § 1377. Judicial review. 5 * * * 6 (b) Documentation.-- 7 (1) In any proceeding under this section, documents 8 received by the department from a court or from an insurance 9 company shall be admissible into evidence to support the 10 department's case. In addition, if the department receives 11 information from a court by means of electronic transmission 12 or from an insurance company which is complying with its 13 obligation under Subchapter H of Chapter 17 (relating to 14 proof of financial responsibility) by means of electronic 15 transmission, it may certify that it has received the 16 information by means of electronic transmission, and that 17 certification shall be prima facie proof of the adjudication 18 and facts contained in such an electronic transmission. 19 (2) In a proceeding relating to the suspension of the 20 registration of a motor vehicle imposed under section 1786 21 (relating to required financial responsibility), the 22 department's certification of its receipt of documents or 23 electronic transmission from an insurance company informing 24 the department that the person's coverage has lapsed, been 25 canceled or terminated shall also constitute prima facie 26 proof that the lapse, cancellation or termination of the 27 policy of insurance described in the electronic transmission 28 was effective under the laws of this Commonwealth. 29 § 1504. Classes of licenses. <-- 30 * * * 20010H1553B4745 - 2 -
1 (d) Number and description of classes.--Licenses issued by 2 the department shall be classified in the following manner: 3 * * * 4 (4) Class M.--A Class M license shall be issued to those 5 persons who have demonstrated their qualifications to operate 6 a motorcycle, including successful completion by persons 16 7 or 17 years of age of the program under section 7911 8 (relating to motorcycle safety education program). 9 This provision may be waived when application is accompanied 10 by a form prescribed by the department and signed and 11 notarized from the applicant's parent or legal guardian 12 stating that the course was not available to the applicant 13 within a reasonable geographic location or that local courses 14 offered had been filled for the upcoming year. A Class M 15 license accompanied by an endorsement shall be issued to 16 those persons who have demonstrated their qualifications to 17 operate a motor-driven cycle. If a person is qualified to 18 operate only a motorcycle or motor-driven cycle, he shall be 19 issued only a Class M license or a Class M license with an 20 endorsement, as applicable. 21 * * * 22 § 1505. Learners' permits. 23 * * * 24 (c) Operation of motorcycle.--A motorcycle learner's permit 25 entitles the person to whom it is issued to operate a motorcycle 26 only between sunrise and sunset and, except for a driver 27 licensed to drive another class of vehicle, only while under the 28 instruction and immediate supervision of a licensed motorcycle 29 operator. Motorcycle learners shall not carry any passenger 30 other than an instructor properly licensed to operate a 20010H1553B4745 - 3 -
1 motorcycle. A motorcycle learner's permit shall not be issued to 2 a person 16 or 17 years of age who has not successfully 3 completed the program under section 7911 (relating to motorcycle 4 safety education program). 5 * * * 6 § 1510. Issuance and content of driver's license. 7 * * * 8 (b) Identification card.--The department shall, upon payment 9 of the required fee, issue an identification card to any person, 10 ten years of age or older, who has made application therefor in 11 such manner as the department shall prescribe or whose driver's 12 license has been surrendered to the department because of a 13 suspension or revocation of an operating privilege under this or 14 any other title. The identification card shall have 15 substantially the same content as a driver's license but shall 16 clearly indicate that it is not a driver's license. Upon failure 17 of any person to pass any examination required under section 18 1514 (relating to expiration and renewal of drivers' licenses), 19 the department shall, where appropriate, issue a complimentary 20 identification card as an expression of gratitude for years of 21 safe driving. The card shall only be issued upon receipt of the 22 person's driver's license. 23 * * * 24 § 1511. CARRYING AND EXHIBITING DRIVER'S LICENSE ON DEMAND. <-- 25 (A) GENERAL RULE.--EVERY LICENSEE SHALL POSSESS A DRIVER'S 26 LICENSE ISSUED TO THE LICENSEE AT ALL TIMES WHEN DRIVING A MOTOR 27 VEHICLE AND SHALL EXHIBIT THE LICENSE UPON DEMAND BY A POLICE 28 OFFICER, AND WHEN REQUESTED BY THE POLICE OFFICER THE LICENSEE 29 SHALL WRITE THE LICENSEE'S NAME IN THE PRESENCE OF THE OFFICER 30 IN ORDER TO PROVIDE IDENTITY. 20010H1553B4745 - 4 -
1 (B) PRODUCTION TO AVOID PENALTY.--NO PERSON SHALL BE 2 CONVICTED OF VIOLATING THIS SECTION OR SECTION 1501(A) (RELATING 3 TO DRIVERS REQUIRED TO BE LICENSED) IF THE PERSON: 4 (1) PRODUCES AT THE HEADQUARTERS OF THE POLICE OFFICER 5 WHO DEMANDED TO SEE THE PERSON'S LICENSE, WITHIN 15 DAYS OF 6 THE DEMAND, A DRIVER'S LICENSE VALID IN THIS COMMONWEALTH AT 7 THE TIME OF THE DEMAND; OR 8 (2) IF A CITATION HAS BEEN FILED, PRODUCES AT THE OFFICE 9 OF THE ISSUING AUTHORITY, WITHIN 15 DAYS OF THE FILING OF THE 10 CITATION, A DRIVER'S LICENSE VALID IN THIS COMMONWEALTH ON 11 THE DATE OF THE CITATION. 12 (C) EXCEPTION.--NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS 13 SECTION, NO ENGINEER, CONDUCTOR, BRAKEMAN OR ANY OTHER MEMBER OF 14 THE CREW OF A LOCOMOTIVE OR TRAIN BEING OPERATED UPON RAILS, 15 INCLUDING OPERATION ON A RAILROAD CROSSING OVER A PUBLIC STREET, 16 ROAD OR HIGHWAY, SHALL BE REQUIRED TO EXHIBIT THEIR DRIVER'S 17 LICENSE UPON DEMAND BY A POLICE OFFICER IN CONNECTION WITH THE 18 OPERATION OF A LOCOMOTIVE OR TRAIN WITHIN THIS COMMONWEALTH. 19 § 1515. Notice of change of name or address. 20 (a) Driver's license.--Whenever any person after applying 21 for or receiving a driver's license moves from the address named 22 in the application or in the driver's license issued or when the 23 name of a licensee is changed such person shall, within 15 days 24 thereafter, notify the department [in writing] of the old and 25 new addresses or of such former and new names and of the number 26 of any license then held by the person. The department shall be 27 notified of a change of name in writing. 28 (b) Identification card.--Whenever any person after applying 29 for or receiving a department-issued identification card moves 30 from the address named in the application or identification card 20010H1553B4745 - 5 -
1 issued or when the name of a cardholder is changed such person 2 shall, within 15 days thereafter, notify the department of the 3 old and new addresses or of such former and new names and of the 4 number of any identification card then held by the person. The 5 department shall be notified of a change of name in writing. 6 Section 2. Title 75 is amended by adding a section to read: 7 § 1521. Compliance with Federal selective service requirements. 8 (a) General rule.--Any United States citizen or immigrant 9 who is male, applies for a learner's permit, identification 10 card, or driver's license or a renewal of any such permit, card, 11 or license and who is at least 18 years of age, but less than 26 12 years of age, must be registered in compliance with the 13 requirements of section 3 of the Military Selective Service Act 14 (62 Stat. 604, 50 U.S.C. App. § 451 et seq.). 15 (b) Effect of applicant's signature.--The applicant's 16 signature on the application shall serve as an indication that 17 the applicant either has already registered with the selective 18 service system or that the applicant authorizes the department 19 to forward the necessary personal information to the selective 20 service system. 21 (c) Notification to applicant.--The department shall notify 22 the applicant at the time of application that the applicant's 23 signature constitutes authorization for the department to submit 24 the necessary personal information of the applicant for 25 registration with the selective service system, if the applicant 26 has not already so registered. 27 (d) Reporting of information.--The department shall forward 28 to the selective service system, in an electronic format 29 acceptable to the selective service system, the necessary 30 personal information of the applicants required to comply with 20010H1553B4745 - 6 -
1 subsection (a). 2 (E) COSTS.--THE DEPARTMENT SHALL SEEK REIMBURSEMENT OF COSTS <-- 3 IT INCURS UNDER THIS SECTION FROM THE SELECTIVE SERVICE SYSTEM. 4 Section 3. Sections 1547(d), 1786(d) and (e)(2) and 3524 of <-- 5 SECTION 3. SECTION 1786(D) AND (E)(2) OF Title 75 are IS <-- 6 amended to read: 7 § 1547. Chemical testing to determine amount of alcohol or <-- 8 controlled substance. 9 * * * 10 (d) Presumptions from amount of alcohol.--If chemical 11 testing of a person's breath, blood or urine shows: 12 (1) That the amount of alcohol by weight in the blood of 13 an adult is 0.05% or less, it shall be presumed that the 14 adult was not under the influence of alcohol and the adult 15 shall not be charged with any violation under section 16 3731(a)(1), (4) or (5) (relating to driving under influence 17 of alcohol or controlled substance), or, if the adult was so 18 charged prior to the test, the charge shall be void ab 19 initio. This fact shall not give rise to any presumption 20 concerning a violation of section 3731(a)(2) or (3) or (i). 21 (2) That the amount of alcohol by weight in the blood of 22 an adult is in excess of 0.05% but less than [0.10%] 0.08%, 23 this fact shall not give rise to any presumption that the 24 adult was or was not under the influence of alcohol, but this 25 fact may be considered with other competent evidence in 26 determining whether the adult was or was not under the 27 influence of alcohol. This provision shall not negate the 28 provisions of section 3731(i). 29 (3) That the amount of alcohol by weight in the blood 30 of: 20010H1553B4745 - 7 -
1 (i) an adult is [0.10%] 0.08% or more; or 2 (ii) a minor is 0.02% or more, 3 this fact may be introduced into evidence if the person is 4 charged with violating section 3731. 5 * * * 6 § 1786. Required financial responsibility. 7 * * * 8 (d) Suspension of registration and operating privilege.-- 9 (1) The Department of Transportation shall suspend the 10 registration of a vehicle for a period of three months if it 11 determines the required financial responsibility was not 12 secured as required by this chapter and shall suspend the 13 operating privilege of the owner or registrant for a period 14 of three months if the department determines that the owner 15 or registrant has operated or permitted the operation of the 16 vehicle without the required financial responsibility. The 17 operating privilege shall not be restored until the 18 restoration fee for operating privilege provided by section 19 1960 (relating to reinstatement of operating privilege or 20 vehicle registration) is paid. 21 (2) Whenever the department revokes or suspends the 22 registration of any vehicle under this chapter, the 23 department shall not restore the registration until the 24 vehicle owner furnishes proof of financial responsibility in 25 a manner determined by the department and submits an 26 application for registration to the department, accompanied 27 by the fee for restoration of registration provided by 28 section 1960. This subsection shall not apply in the 29 following circumstances: 30 [(1)] (i) The owner or registrant proves to the 20010H1553B4745 - 8 -
1 satisfaction of the department that the lapse in financial 2 responsibility coverage was for a period of less than 31 days 3 and that the owner or registrant did not operate or permit 4 the operation of the vehicle during the period of lapse in 5 financial responsibility. 6 [(2)] (ii) The owner or registrant is a member of the 7 armed services of the United States, the owner or registrant 8 has previously had the financial responsibility required by 9 this chapter, financial responsibility had lapsed while the 10 owner or registrant was on temporary, emergency duty and the 11 vehicle was not operated during the period of lapse in 12 financial responsibility. The exemption granted by this 13 paragraph shall continue for 30 days after the owner or 14 registrant returns from duty as long as the vehicle is not 15 operated until the required financial responsibility has been 16 established. 17 [(3)] (iii) The insurance coverage has terminated or 18 financial responsibility has lapsed simultaneously with or 19 subsequent to expiration of a seasonal registration, as 20 provided in section 1307(a.1) (relating to period of 21 registration). 22 (3) An owner whose vehicle registration has been 23 suspended under this subsection shall have the same right of 24 appeal under section 1377 (relating to judicial review) as 25 provided for in cases of the suspension of vehicle 26 registration for other purposes. The filing of the appeal 27 shall act as a supersedeas, and the suspension shall not be 28 imposed until determination of the matter as provided in 29 section 1377. The court's scope of review in an appeal from a 30 vehicle registration suspension shall be limited to 20010H1553B4745 - 9 -
1 determining whether: 2 (i) the vehicle is registered or of a type that is 3 required to be registered under this title; and 4 (ii) there has been either notice to the department 5 of a lapse, termination or cancellation in the financial 6 responsibility coverage as required by law for that 7 vehicle or that the owner, registrant or driver was 8 requested to provide proof of financial responsibility to 9 the department, a police officer or another driver and 10 failed to do so. Notice to the department of the lapse, 11 termination or cancellation or the failure to provide the 12 requested proof of financial responsibility shall create 13 a presumption that the vehicle lacked the requisite 14 financial responsibility. This presumption may be 15 overcome by producing clear and convincing evidence that 16 the vehicle was insured at all relevant times. 17 (4) Where an owner or registrant's operating privilege 18 has been suspended under this subsection, the owner or 19 registrant shall have the same right of appeal under section 20 1550 (relating to judicial review) as provided for in cases 21 of suspension for other reason. The court's scope of review 22 in an appeal from an operating privilege suspension shall be 23 limited to determining whether: 24 (i) the vehicle was registered or of a type required 25 to be registered under this title; and 26 (ii) the owner or registrant operated or permitted 27 the operation of the same vehicle when it was not covered 28 by financial responsibility. The fact that an owner, 29 registrant or operator of the motor vehicle failed to 30 provide competent evidence of insurance, or the fact that 20010H1553B4745 - 10 -
1 the department received notice of a lapse, termination or 2 cancellation of insurance for the vehicle, shall create a 3 presumption that the vehicle lacked the requisite 4 financial responsibility. This presumption may be 5 overcome by producing clear and convincing evidence that 6 the vehicle was insured at the time that it was driven. 7 (5) An alleged lapse, cancellation or termination of a 8 policy of insurance by an insurer may only be challenged by 9 requesting review by the Insurance Commissioner pursuant to 10 Article XX of the act of May 17, 1921 (P.L.682, No.284), 11 known as The Insurance Company Law of 1921. Proof that a 12 timely request has been made to the Insurance Commissioner 13 for such a review shall act as a supersedeas, staying the 14 suspension of registration or operating privilege under this 15 section pending a determination pursuant to section 2009(a) 16 of The Insurance Company Law of 1921, or, in the event that 17 further review at a hearing is requested by either party, a 18 final order pursuant to section 2009(i) of The Insurance 19 Company Law of 1921. 20 (e) Obligations upon lapse, termination or cancellation of 21 financial responsibility.-- 22 * * * 23 (2) An insurer who has issued a contract of motor 24 vehicle liability insurance, or any approved self-insurance 25 entity, shall notify the department in a timely manner and in 26 a method prescribed by the department's regulations. Upon 27 request of an owner or registrant in the case of an appeal 28 brought by an owner or registrant for suspension under this 29 section, an insurer shall provide a copy of the notice of 30 cancellation or a copy of the insurer's filing procedures 20010H1553B4745 - 11 -
1 with proof that the notice was written in the normal course 2 of business and placed in the normal course of mailing. The 3 department shall not be required to produce such copy or any 4 other proof that notice of termination, lapse or cancellation 5 was provided to the owner or registrant in order to satisfy 6 the burden of proof in a proceeding under this section. 7 * * * 8 SECTION 3.1. TITLE 75 IS AMENDED BY ADDING A SECTION TO <-- 9 READ: 10 § 3315. PROHIBITING USE OF MOBILE PHONES. 11 (A) DRIVERS SUBJECT TO RESTRICTIONS.--NO DRIVER WITH A 12 LEARNER'S PERMIT SHALL DRIVE A MOTOR VEHICLE ON A HIGHWAY IN 13 THIS COMMONWEALTH, WHICH SHALL INCLUDE FEDERAL, STATE AND 14 MUNICIPAL HIGHWAYS, WHILE USING A MOBILE PHONE. 15 (B) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO PERSONS WHO 16 USE A MOBILE PHONE FOR THE SOLE PURPOSE OF REPORTING AN ACCIDENT 17 OR EMERGENCY. 18 (C) SEIZURE.--THE PROVISIONS OF THIS SECTION SHALL NOT BE 19 CONSTRUED AS AUTHORIZING THE SEIZURE OR FORFEITURE OF A MOBILE 20 PHONE, UNLESS OTHERWISE PROVIDED BY LAW. 21 (D) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A 22 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY 23 A FINE OF NOT LESS THAN $1 NOR MORE THAN $300 OR TO A PERIOD OF 24 COMMUNITY SERVICE TO BE DETERMINED BY THE SENTENCING AUTHORITY. 25 (E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 26 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 27 SUBSECTION: 28 "MOBILE HANDS-FREE PHONE." A TELECOMMUNICATIONS DEVICE THAT 29 RECEIVES AN ANALOG SIGNAL OR DIGITAL SIGNAL, OR BOTH, AND IS 30 DESIGNED FOR USE WITHOUT BEING HELD BY A PERSON'S HAND WHILE 20010H1553B4745 - 12 -
1 SPEAKING INTO THE DEVICE. 2 "MOBILE PHONE." A TELECOMMUNICATIONS DEVICE THAT RECEIVES AN 3 ANALOG SIGNAL OR DIGITAL SIGNAL, OR BOTH, AND THAT IS DESIGNED 4 FOR HANDHELD USE. THE TERM INCLUDES A MOBILE HANDS-FREE PHONE. 5 SECTION 3.2. SECTION 3524 OF TITLE 75 IS AMENDED TO READ: 6 § 3524. Footrests and [handlebars] handhold. 7 [(a) Passengers.--]Any motorcycle carrying a passenger, 8 other than in a sidecar or enclosed cab, shall be equipped with 9 footrests and handhold for the passenger. 10 [(b) Height of handlebars.--No person shall operate any 11 motorcycle with handlebars above shoulder-height of the operator 12 while properly seated upon the motorcycle.] 13 Section 4. Title 75 is amended by adding a section to read: 14 § 3526. Lighted lamp requirements for motorcycles. 15 Notwithstanding the provisions of section 4302 (relating to 16 periods for requiring lighted lamps), the operator of a 17 motorcycle, manufactured during or after 1973, upon a highway 18 shall display the lighted head lamps and other lamps and 19 illuminating devices required under Chapter 43 (relating to 20 lighting equipment) at all times. 21 Section 5. Section 3731(a) and (a.1) of Title 75 are amended 22 to read: 23 § 3731. Driving under influence of alcohol or controlled 24 substance. 25 (a) Offense defined.--A person shall not drive, operate or 26 be in actual physical control of the movement of a vehicle in 27 any of the following circumstances: 28 (1) While under the influence of alcohol to a degree 29 which renders the person incapable of safe driving. 30 (2) While under the influence of any controlled 20010H1553B4745 - 13 -
1 substance, as defined in the act of April 14, 1972 (P.L.233, 2 No.64), known as The Controlled Substance, Drug, Device and 3 Cosmetic Act, to a degree which renders the person incapable 4 of safe driving. 5 (3) While under the combined influence of alcohol and 6 any controlled substance to a degree which renders the person 7 incapable of safe driving. 8 (4) While the amount of alcohol by weight in the blood 9 of: 10 (i) an adult is [0.10%] 0.08% or greater; or 11 (ii) a minor is 0.02% or greater. 12 (a.1) Prima facie evidence.-- 13 (1) It is prima facie evidence that: 14 (i) an adult had [0.10%] 0.08% or more by weight of 15 alcohol in his or her blood at the time of driving, 16 operating or being in actual physical control of the 17 movement of any vehicle if the amount of alcohol by 18 weight in the blood of the person is equal to or greater 19 than [0.10%] 0.08% at the time a chemical test is 20 performed on a sample of the person's breath, blood or 21 urine; 22 (ii) a minor had 0.02% or more by weight of alcohol 23 in his or her blood at the time of driving, operating or 24 being in actual physical control of the movement of any 25 vehicle if the amount of alcohol by weight in the blood 26 of the minor is equal to or greater than 0.02% at the 27 time a chemical test is performed on a sample of the 28 person's breath, blood or urine; and 29 (iii) a person operating a commercial vehicle had 30 0.04% or more by weight of alcohol in his or her blood at 20010H1553B4745 - 14 -
1 the time of driving, operating or being in actual 2 physical control of the movement of the commercial 3 vehicle if the amount of alcohol by weight in the blood 4 of a person operating a commercial vehicle is equal to or 5 greater than 0.04% at the time a chemical test is 6 performed on a sample of the person's breath, blood or 7 urine. 8 (2) For the purposes of this section, the chemical test 9 of the sample of the person's breath, blood or urine shall be 10 from a sample obtained within three hours after the person 11 drove, operated or was in actual physical control of the 12 vehicle. 13 * * * 14 Section 6. Section 4302 of Title 75 is amended by adding a 15 subsection to read: 16 § 4302. Periods for requiring lighted lamps. 17 * * * 18 (c) Applicability.--This section shall not apply to 19 motorcycles. 20 Section 7. Section 4901(c) of Title 75 is amended and the 21 section is amended by adding a subsection to read: 22 § 4901. Scope and application of chapter. 23 * * * 24 (c) Permit authorizing prohibited movement.--If an 25 overweight or oversize movement cannot be made in any other 26 feasible manner, the permit may authorize the movement to be 27 made in contravention to any provision of this title provided 28 that: 29 (1) the department or local authority determines that 30 the movement is in the public interest; and 20010H1553B4745 - 15 -
1 (2) the movement is escorted by the Pennsylvania State 2 Police, extra-duty Pennsylvania State Police or department 3 personnel [while any provision of this title is being 4 contravened]. When the movement is escorted by extra-duty 5 Pennsylvania State Police or department personnel, the 6 following shall apply: 7 (i) Approval must be obtained from the Pennsylvania 8 State Police or the department for the use of their 9 respective personnel. 10 (ii) The permittee shall bear the total costs of 11 escorting the movement. 12 * * * 13 (e) Definition.--As used in this section, the term "extra- 14 duty Pennsylvania State Police" means sworn members of the 15 Pennsylvania State Police performing escort duty outside of 16 their regularly scheduled shift on an overtime basis. 17 Section 8. Section 9017(d) of Title 75 is amended and the 18 section is amended by adding a subsection to read: 19 § 9017. Refunds. 20 * * * 21 [(d) Off-highway recreational vehicles.-- 22 (1) When the tax imposed by this chapter has been paid 23 on fuel used in off-highway recreational vehicles within this 24 Commonwealth, an amount equal to the revenue generated by the 25 tax, but not derived therefrom, may be appropriated through 26 the General Fund to the Department of Conservation and 27 Natural Resources. It is the intent of this chapter that all 28 proceeds from the tax paid on fuel used in off-highway 29 recreational vehicles within this Commonwealth be paid 30 without diminution of the Motor License Fund. 20010H1553B4745 - 16 -
1 (2) The Department of Conservation and Natural Resources 2 shall biennially calculate the amount of liquid fuel consumed 3 by off-highway recreational vehicles and furnish information 4 relating to its calculations and data as may be required by 5 the Appropriations Committee of the Senate and the 6 Appropriations Committee of the House of Representatives. 7 (3) The General Assembly shall review the fuel 8 consumption calculations of the Department of Conservation 9 and Natural Resources to determine the amount of liquid fuels 10 tax paid on liquid fuels consumed in the propulsion of off- 11 highway recreational vehicles in this Commonwealth and may 12 annually appropriate to the Department of Conservation and 13 Natural Resources the amount so determined. 14 (4) Money appropriated under paragraph (3) shall be used 15 for the benefit of motorized and nonmotorized recreational 16 trails by the Department of Conservation and Natural 17 Resources as provided in the Intermodal Surface 18 Transportation Efficiency Act of 1991 (Public Law 102-240, 19 105 Stat. 1914).] 20 (d.1) Motorized recreational vehicles.--An amount equal to 21 50% of the tax imposed by section 9004(a) (relating to 22 imposition of tax, exemptions and deductions) on fuel consumed 23 in the operation of motorized recreational vehicles within this 24 Commonwealth, but not to exceed $1,000,000, shall be refunded 25 out of the Liquid Fuels Tax Fund to the Department of 26 Conservation and Natural Resources in the following manner: 27 (1) There is hereby established a special nonlapsing 28 restricted receipts account in the State Treasury to be known 29 as the Recreational Trails Trust Fund. 30 (2) One-half of the tax revenues, not to exceed 20010H1553B4745 - 17 -
1 $1,000,000, generated by the tax imposed by section 9004(a) 2 on fuel used in motorized recreational vehicles used within 3 this Commonwealth, as determined by the Department of 4 Conservation and Natural Resources, shall be annually 5 refunded to the department through the Recreational Trails 6 Trust Fund. 7 (3) All moneys in the fund are hereby appropriated on a 8 continuing nonlapsing basis to the Department of Conservation 9 and Natural Resources for the activities referred to in 10 paragraph (5). 11 (4) All interest earned by the fund and refunds or 12 repayments shall be credited to the fund and are hereby 13 appropriated in the same manner as paragraph (3). 14 (5) All money in the fund shall be used by the 15 Department of Conservation and Natural Resources in 16 accordance with the recommendations of the Snowmobile and ATV 17 Advisory Committee for the acquisition, creation and 18 maintenance of trails used by motorized recreational vehicles 19 and for enforcement in State forests and State parks. 20 * * * 21 Section 9. This act shall take effect as follows: 22 (1) This section shall take effect immediately. 23 (2) The amendment of 75 Pa.C.S. § 1504(d)(4) shall take <-- 24 effect in 180 days. 25 (3) The amendment of 75 Pa.C.S. §§ 1547(d) and 3731(a) 26 (2) THE AMENDMENT OF 75 PA.C.S. § 3731(A) and (a.1) <-- 27 shall take effect September 30, 2003. 28 (4) (3) The remainder of this act shall take effect in <-- 29 60 days. D20L75DMS/20010H1553B4745 - 18 -