THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KORTZ, DENLINGER, HARKINS, HORNAMAN, JOSEPHS, MULLERY, SWANGER AND THOMAS, APRIL 13, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 13, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, providing for police fuel reimbursement surcharge;

and establishing the Police Fuel Reimbursement Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 75 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 6508.  Police fuel reimbursement surcharge.

(a)  Surcharge.--In addition to any fines, fees or penalties

levied or imposed as provided by law under this title or any

other statute, a surcharge of $12 shall be imposed upon

conviction for a violation of section 3362 (relating to maximum

speed limits) for disposition in accordance with subsection (b).

(b)  Disposition.--Notwithstanding the provisions of 42

Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,

etc.) and 3573 (relating to municipal corporation portion of

fines, etc.), the surcharge levied and collected under

subsection (a) by any division of the unified judicial system

existing under section 1 of Article V of the Constitution of

Pennsylvania and 42 Pa.C.S. § 301 (relating to unified judicial

system) shall be remitted to the Commonwealth for deposit in the

Police Fuel Reimbursement Fund for the purpose of police fuel

reimbursements in accordance with this section.

(c)  Police Fuel Reimbursement Fund.--

(1)  There is hereby established a Police Fuel

Reimbursement Fund within the State Treasury. The fund shall

be administered by the State Treasury. All interest earned

from the deposit of moneys accumulated in the fund shall be

deposited in the fund for the same use.

(2)  All moneys deposited into the fund shall be held in

trust and shall not be considered general revenue of the

Commonwealth but shall be used only to effectuate the

purposes of this section.

(d)  Reimbursements.--

(1)  An issuing authority within this Commonwealth shall

on a quarter annually basis, submit the following information

on a form determined by the treasury:

(i)  The total number of convictions resulting in a

surcharge under subsection (a).

(ii)  The total amount appropriated to the issuing

authority for fuel costs.

(2)  The treasury shall pay annually from the fund to an

issuing authority an amount equal to 12 times the amount of

convictions reported under paragraph (1), but not more than

the amount reported under subsection (a)(2).

(3)  After all annual reimbursements are made to issuing

authorities, the remaining balance of the fund shall be paid

to the Pennsylvania State Police for fuel costs. Moneys

granted to the Pennsylvania State Police under this section

shall not be included in determining its annual State

appropriation.

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

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

subsection:

"Fund."  The Police Fuel Reimbursement Fund.

"Issuing authority."  An enforcement agency employing public

officials having the power and authority of a magisterial

district judge and has issued at least one violation of 75

Pa.C.S. § 3362 (relating to maximum speed limits), which has

resulted in a conviction. The term does not include the

Pennsylvania State Police.

Section 2.  This act shall take effect in 60 days.