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PRINTER'S NO. 1212
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
970
Session of
2015
INTRODUCED BY CAUSER, BAKER, CONKLIN, D. COSTA, GABLER, MILLARD,
MOUL, MURT, PEIFER, REGAN AND SABATINA, APRIL 14, 2015
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
APRIL 14, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in snowmobiles and all-terrain vehicles, further
providing for restricted account, for Snowmobile and ATV
Advisory Committee, for designation of snowmobile or ATV
roads, for operation on private or State property, for
operation by persons under age sixteen, for mufflers and
noise control and for enforcement personnel and procedures.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7706(a)(1) and (2), (b) introductory
paragraph, (1) and (3) and (c) of Title 75 of the Pennsylvania
Consolidated Statutes are amended and the section is amended by
adding subsections to read:
§ 7706. Restricted account.
(a) Deposit and use of moneys.--
(1) [The department] There is established a restricted
account with two separate funds, the ATV Management Fund and
the Snowmobile Management Fund. The department shall deposit
the following into [a] the appropriate fund of the restricted
account[, which is hereby established]:
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(i) all moneys received from the registration of and
issuance of certificates of title for snowmobiles and
ATV's and from the issuance of vintage snowmobile
permits;
(ii) all revenue from the sale of any publications
or services relating to snowmobiles and ATV's; [and]
(iii) all fines, penalties, fees and costs assessed
and collected as a result of ATV enforcement activities
conducted by the department's law enforcement personnel
[under this chapter.] shall be deposited in the ATV
Management Fund;
(iv) all fines, penalties, fees and costs assessed
and collected as a result of snowmobile enforcement
activities conducted by the department's law enforcement
personnel under this chapter shall be deposited in the
Snowmobile Management Fund;
(v) all moneys existing in the restricted account at
the time this section becomes effective shall be divided
into the two funds based on the current number of active
snowmobile and active ATV registrations; and
(vi) all refunds of gas taxes generated under
section 9017(d.1) (relating to refunds) shall be
deposited in the respective funds on a proportional basis
of the activity that generated those taxes.
(2) The department shall draw moneys from the respective
funds in the restricted account for use in performing any
activities necessary to carry out the purposes of this
chapter, including registration and certificate of title
activities, training, education, enforcement activities,
construction and maintenance of snowmobile and ATV trails and
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acquisition of equipment, supplies and interests in land. All
moneys deposited in this account shall remain in it to be
used as specified in this section. With the exception of
trails used by both snowmobiles and ATV's, under no
circumstances shall the department expend any moneys from any
fund except for the activity that generated those funds.
* * *
(b) Grant-in-aid.--The department shall, upon written
application and subsequent approval, grant money from the
appropriate fund of the restricted account:
(1) To municipalities [and], profit and nonprofit
organizations in connection with snowmobile and ATV use [on
lands not owned by the Commonwealth] for the following:
(i) Plans, specifications and engineering surveys.
(ii) Fees and costs related to the preparation or
performance of right-of-way lease agreements.
(iii) Land acquisition.
(iv) Construction, maintenance and rehabilitation of
trails and other facilities for snowmobiles and ATV's.
* * *
(3) To profit and nonprofit organizations for the
maintenance [and], rehabilitation[, but not the] and
construction, of snowmobile and ATV trails on land owned by
the Commonwealth.
(c) Audit of moneys.--The [restricted account shall be
audited every two years.] Auditor General or the Auditor
General's designee shall perform a fiscal and performance audit
of the restricted account biennially. Copies of the audit shall
be posted and maintained on the department's publicly accessible
Internet website and shall be provided to the Snowmobile and ATV
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Advisory Committee[.], the Appropriations Committee of the
Senate and the Appropriations Committee of the House of
Representatives.
(d) Annual report.--An annual report on income and
expenditures from each fund of the restricted account shall be
posted and maintained on the department's publicly accessible
Internet website and provided to the Appropriations Committee of
the Senate and the Appropriations Committee of the House of
Representatives.
(e) Regulations.--No later than 60 days from effective date
of this subsection, the department shall promulgate regulations
necessary to implement the provisions of this section. The
department shall promulgate regulations in a manner that is
separate from regulations pertaining to any other grant program
administered by the department. The department's regulations
shall include a quarterly approval process.
Section 2. Sections 7717(a), (b), (e) and (f), 7722(c) and
7724(b)(2) of Title 75 are amended to read:
§ 7717. Snowmobile and ATV Advisory Committee.
(a) Establishment.--There is hereby established [under the
jurisdiction of the department a board known as] the Snowmobile
and ATV Advisory Committee.
(b) Composition.--The committee shall consist of 17 members.
The members shall be as follows:
(1) The chairman and minority chairman of the
Environmental Resources and Energy Committee of the Senate.
(2) The chairman and minority chairman of the
Environmental Resources and Energy Committee of the House of
Representatives.
(3) One member [from] representing the Pennsylvania Game
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Commission.
(4) One member [from] representing the Allegheny
National Forest.
(5) One member [from] representing the Pennsylvania
State Association of Township Supervisors.
(6) One member [from] representing the Pennsylvania
State Association of Boroughs.
(7) One member [from] representing the Pennsylvania
State Association of County Commissioners.
(7.1) One member representing the Department of
Community and Economic Development.
(8) [Eight] Seven members of the public representing the
following organizations to be appointed by the Secretary of
Conservation and Natural Resources:
(i) Two members from a list of at least six
representatives submitted by the Pennsylvania State
Snowmobile Association.
(ii) Two members from a list of at least six
representatives submitted by the Pennsylvania Off-Highway
Vehicle Association.
(iii) One member from a list of at least three
representatives submitted by the Pennsylvania Farm
Bureau.
[(iv) Two members from a list of at least six
representatives submitted by conservation or nonmotorized
recreation organizations.]
(v) One member from a list of at least three
representatives submitted by the Pennsylvania Association
of Travel [Council] and Tourism.
(vi) One member from a list of at least three
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representatives submitted by the Pennsylvania Economic
Development Association.
Each member may designate an alternate to serve in his stead. A
member shall notify the chairman in writing of this designation.
* * *
(e) Meetings and expenses.--
(1) The committee shall meet at least [annually]
semiannually.
(2) A public member, including a designee, who misses
three consecutive meetings without good cause [acceptable to
the chairman] may be replaced by the Secretary of
Conservation and Natural Resources upon recommendation of the
chairman.
* * *
(f) Powers and duties.--The powers and duties of the
committee shall be to advise the Secretary of Conservation and
Natural Resources on matters concerning the implementation of
this chapter, including existing and proposed regulations,
standards, policies, guidelines and practices; use and operation
of snowmobiles and ATV's on public and private land;
acquisition, construction, development and maintenance of
trails; enforcement; and allocation of fees collected by the
department pursuant to this chapter.
§ 7722. Designation of snowmobile and ATV roads.
* * *
(c) Liability.--There shall be no liability imposed on the
Department of Transportation or any other State agency or any
political subdivision of this Commonwealth as a result of
designating any highway, road or street as a snowmobile road or
an ATV road as provided in subsection (a). There shall be no
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liability imposed upon a private or public real property owner
who makes any portion of the owner's land available for
snowmobiles or ATV's required to be registered under this
chapter. A court shall award attorney fees and direct legal
costs to a real property owner, lessee, manager or occupant, or
an easement holder, who is not liable for an injury to a person
or property due to the use of a snowmobile or ATV.
§ 7724. Operation on private or State property.
* * *
(b) State property.--
* * *
(2) (i) The department may designate any road within a
State Park or State Forest over which the department has
jurisdiction as a snowmobile road or an ATV road, [or
both,] and may, in its discretion, determine whether the
road shall be closed to vehicular traffic or whether
snowmobiles and ATV's may share the designated road with
vehicular traffic. Adequate notices of such designation
and determination shall be sufficiently and prominently
displayed.
(ii) No person shall operate a snowmobile or ATV on
State park or State forest land except as follows:
(A) A person may operate a snowmobile on a road,
trail or area that is designated and marked by the
department as open for snowmobile use or on which the
person has been given specific written permission to
operate the snowmobile.
(B) A person may operate a Class I or Class II
ATV on a road, trail or area that is designated and
marked by the department as open for ATV use or on
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which the person has been given specific written
permission to operate the ATV.
[(C) A person may operate a Class II ATV on a
road, trail or area if the person has been given
specific written permission by the department to
operate a Class II ATV on the road, trail or area.]
Section 3. Section 7725(a) and (d) are amended and the
section is amended by adding subsections to read:
§ 7725. Operation by persons under age sixteen.
(a) Crossing street or highway.--No person under 16 years of
age shall drive a snowmobile or an ATV across any highway or
connecting street thereto unless he is under the direct
supervision of a person 18 years of age or older and unless he
holds a valid and appropriate safety certificate from the
Commonwealth or a valid and approved certificate issued under
the authority of another state or Province of Canada. [The
department shall determine what certificates will be approved.]
* * *
[(d) Failure to exhibit certificate.--The failure of such a
youthful operator to exhibit the appropriate safety certificate,
upon demand, to any law enforcement officer having authority to
enforce the provisions of this section shall be presumptive
evidence that such person is not the holder of such
certificate.]
(d.1) Presentation of certificate.--Within 72 hours of
receiving notice of a violation of this section, a youthful
operator shall present the appropriate safety certificate to any
law enforcement officer having authority to enforce the
provisions of this section. It shall be an affirmative defense
to a prosecution for a violation of this section if the youth
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operator complies with this subsection.
* * *
(h.1) Exemption from liability.--
(1) A public or private owner of real property who
authorizes the use of the owner's real property for the
purpose of an approved snowmobile or ATV information, safety
education and training program under subsection (c.1) or (h)
shall not be held civilly liable for any injury or death to a
person or damage to property that occurs during the course or
instruction or training.
(2) Paragraph (1) shall not apply in the case of an
owner's willful or malicious failure to warn against a
dangerous condition, use, structure or activity.
* * *
Section 4. Sections 7743 heading and (a) and 7751(d) of
Title 75 are amended to read:
§ 7743. Mufflers and [noise] sound control.
(a) General rule.--It is unlawful to operate a snowmobile or
an ATV which is not equipped at all times with a muffler in good
working order which blends the exhaust [noise] sound into the
overall snowmobile or ATV [noise] sound and is in constant
operation to prevent excessive or unusual [noise] sound. The
exhaust system shall not emit or produce a sharp popping or
crackling sound. The sound intensity produced by a snowmobile
shall not exceed 82dbA when measured in accordance with SAE
Recommended Practice J 192 Exterior Sound Level for Snowmobiles,
as amended. The department may by regulation adopt more
stringent [noise] sound requirements for snowmobiles. The
department shall by regulation adopt [noise] sound requirements
for in-use operation of ATV's using measurement procedures in
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accordance with ANSI/SAE Recommended Practice J 1287 [March
1982] July 1998, Measurement of Exhaust Level of Stationary
Motorcycles. The sound level intensity produced by an ATV
manufactured before January 1, 1998 shall not exceed 99dbA, or
decibels, when measured at 20 inches. The sound level intensity
produced by an ATV manufactured on or after January 1, 1998
shall not exceed 96dba, or decibels, when measured as 20 inches.
* * *
§ 7751. Enforcement personnel and procedures.
* * *
(d) Rules and regulations.--The department may promulgate
such rules and regulations as [may] shall be deemed necessary to
accomplish the purposes and enforce the provisions of this
section including requirements for reporting by trial courts
having jurisdiction over snowmobile and ATV violations.
Section 6. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) The amendment of 75 Pa.C.S. §§ 7706, 7717 and
7722.
(ii) This section.
(2) The remainder of this act shall take effect in 60
days.
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