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PRIOR PRINTER'S NO. 709
PRINTER'S NO. 1105
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
648
Session of
2015
INTRODUCED BY STEFANO, SCARNATI, ALLOWAY, WARD, VOGEL,
HUTCHINSON, BARTOLOTTA, VULAKOVICH, YUDICHAK, WOZNIAK AND
BLAKE, APRIL 8, 2015
SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, JUNE 24, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in snowmobiles and all-terrain vehicles, further
providing for restricted account and for Snowmobile and ATV
Advisory Committee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7706(a)(1) and (2), (b) introductory
paragraph and (c) of Title 75 of the Pennsylvania Consolidated
Statutes are amended and the section is amended by adding
subsections to read:
ยง 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]:
(i) all moneys received from the registration of and
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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 enforcement activities
conducted by the department's law enforcement personnel
under this chapter[.] related to violations attributed to
ATV's shall be deposited in the ATV Management Fund;
(iv) all fines, penalties, fees and costs assessed
and collected as a result of enforcement activities
conducted by the department's law enforcement personnel
under this chapter related to violations attributed to
snowmobiles 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.
(2) TO MUNICIPALITIES AND PROFIT AND NONPROFIT
ORGANIZATIONS FOR EQUIPMENT, TRAINING AND EDUCATION
ACTIVITIES RELATING TO SNOWMOBILE AND ATV USE.
(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.
(B.1) REGULATIONS.--NO LATER THAN 60 DAYS FROM THE EFFECTIVE
DATE OF THIS SUBSECTION, THE DEPARTMENT SHALL PROMULGATE
REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF SUBSECTION
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(B). THE DEPARTMENT SHALL PROMULGATE THE 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 GRANT PROCESS.
(c) Audit of moneys.--The restricted account shall be
audited every two years. Copies of the audit shall be provided
to the Snowmobile and ATV Advisory Committee[.], the
Appropriations Committee of the Senate and the Appropriations
Committee of the House of Representatives. Copies shall also be
posted and maintained on the department's publicly accessible
Internet website.
(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 the 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. Section 7717(b), (e)(1) and (2) and (f) of Title
75 are amended to read:
ยง 7717. Snowmobile and ATV Advisory Committee.
* * *
(b) Composition.--The committee shall consist of 17 members.
The members shall be as follows:
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(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
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
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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
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]
biannually.
(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.
Section 3. This act shall take effect in 60 days.
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