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PRIOR PRINTER'S NOS. 709, 1105
PRINTER'S NO. 1275
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 BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED,
SEPTEMBER 28, 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; AND MAKING AN EDITORIAL CHANGE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7706(a)(1) and (2), (b) and (c) of Title
75 of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding subsections to read:
SECTION 1. SECTION 7706 OF TITLE 75 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 7706. Restricted [account] ACCOUNTS.
(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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(1) THE [DEPARTMENT] ATV MANAGEMENT RESTRICTED ACCOUNT
AND THE SNOWMOBILE MANAGEMENT RESTRICTED ACCOUNT ARE
ESTABLISHED IN THE STATE TREASURY. THE DEPARTMENT SHALL
DEPOSIT THE FOLLOWING INTO [A] THE APPROPRIATE RESTRICTED
ACCOUNT[, WHICH IS HEREBY ESTABLISHED]:
(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 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
RESTRICTED ACCOUNT ;
(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 RESTRICTED
ACCOUNT;
(V) ALL UNOBLIGATED MONEYS IN THE RESTRICTED ACCOUNT
EXISTING UNDER THIS SECTION AS OF THE EFFECTIVE DATE OF
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THIS SUBPARAGRAPH SHALL BE DIVIDED INTO THE TWO
RESTRICTED ACCOUNTS 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 TWO RESTRICTED ACCOUNTS
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] ACCOUNTS 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 acquisition of equipment, supplies and
interests in land. All moneys deposited in [this account
shall remain in it] THESE ACCOUNTS SHALL REMAIN IN THEM 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.
* * * THE ACCOUNTS EXCEPT FOR THE ACTIVITY THAT GENERATED
THOSE ACCOUNTS.
(3) THE PROVISIONS OF 42 PA.C.S. § 3573(B)(2) (RELATING
TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.)
NOTWITHSTANDING, WHEN PROSECUTION UNDER THIS CHAPTER IS THE
RESULT OF LOCAL POLICE ACTION, ALL FINES, PENALTIES, FEES AND
COSTS ASSESSED AS A RESULT OF SUCH PROSECUTION SHALL BE
PAYABLE TO THE MUNICIPAL CORPORATION UNDER WHICH THE LOCAL
POLICE ARE ORGANIZED.
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(b) Grant-in-aid.--The department shall, upon written
application and subsequent approval, grant money from the
appropriate fund of the restricted account RESTRICTED [ACCOUNT]
ACCOUNTS:
(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
(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 SEMIANNUAL approval grant
process.
(c) Audit of moneys.--The restricted [account] ACCOUNTS
shall be audited every two years. Copies of the audit shall be
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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 THE
RESTRICTED ACCOUNTS 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.
Section 2. Section 7717(b), (e)(1) and (2) and (f) of Title
75 are amended to read:
(E) DEFINITION.--FOR PURPOSES OF THIS SECTION, "ALL-TERRAIN
VEHICLE" OR "ATV" SHALL ALSO INCLUDE ANY SELF-PROPELLED VEHICLE
WHICH IS MANUFACTURED FOR SALE OR OPERATION PRIMARILY ON OFF-
HIGHWAY TRAILS OR OFF-HIGHWAY COMPETITION AND ONLY INCIDENTALLY
OPERATED ON PUBLIC HIGHWAYS. THIS TERM SHALL NOT INCLUDE A
SNOWMOBILE OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR
OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR ICE,
STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY
ONE OR MORE SKIS, BELTS OR CLEATS WHICH UTILIZE AN ENDLESS BELT
TREAD.
SECTION 2. SECTIONS 7717(B), (E)(1) AND (2) AND (F) AND
9017(D.1)(1) OF TITLE 75 ARE AMENDED TO READ:
§ 7717. 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
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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
representatives submitted by conservation or nonmotorized
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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.
§ 9017. REFUNDS.
* * *
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(D.1) MOTORIZED RECREATIONAL VEHICLES.--
(1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
AND THE FUEL ON WHICH THE TAX HAS BEEN IMPOSED HAS BEEN
CONSUMED IN THE OPERATION OF MOTORIZED RECREATIONAL VEHICLES
ON DESIGNATED ROADS AND BRIDGES OF THIS COMMONWEALTH,
INCLUDING ROADS AND BRIDGES BORDERING ON THIS COMMONWEALTH,
ANNUALLY UP TO A MAXIMUM OF $1,000,000 OF THE FULL AMOUNT OF
SUCH TAXES SHALL BE REFUNDED TO THE RESTRICTED ACCOUNT
ESTABLISHED IN SECTION 7706 (RELATING TO RESTRICTED [ACCOUNT]
ACCOUNTS) UPON PETITION TO THE BOARD OF FINANCE AND REVENUE.
* * *
Section 3. This act shall take effect in 60 days.
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