AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for the deposit and use of money
3in a restricted account.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 7706 of Title 75 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 7706. Restricted account.

9(a) Deposit and use of moneys.--

10(1) [The department] There is established a restricted 
11account with two separate funds, the ATV Management Fund and 
12the Snowmobile Management Fund. The department shall deposit
13the following into [a] the appropriate fund of the restricted
14account[, which is hereby established]:

15(i) all moneys received from the registration of and
16issuance of certificates of title for snowmobiles and
17ATV's and from the issuance of vintage snowmobile 
18permits;

1(ii) all revenue from the sale of any publications
2or services relating to snowmobiles and ATV's; [and]

3(iii) all fines, penalties, fees and costs assessed
4and collected as a result of enforcement activities
5conducted by the department's law enforcement personnel
6under this chapter[.] related to violations attributed to 
7ATV's shall be deposited in the ATV Management Fund;

8(iv) all fines, penalties, fees and costs assessed
9and collected as a result of enforcement activities
10conducted by the department's law enforcement personnel
11under this chapter related to violations attributed to
12snowmobiles shall be deposited in the Snowmobile
13Management Fund;

14(v) all moneys existing in the restricted account at
15the time this section becomes effective shall be divided
16into the two funds based on the current number of active
17snowmobile and active ATV registrations; and

18(vi) all refunds of gas taxes generated under
19section 9017(d.1) (relating to refunds) shall be
20deposited in the respective funds on a proportional basis
21of the activity that generated those taxes.

22(2) The department shall draw moneys from the respective 
23funds in the restricted account for use in performing any
24activities necessary to carry out the purposes of this
25chapter, including registration and certificate of title
26activities, training, education, enforcement activities,
27construction and maintenance of snowmobile and ATV trails and
28acquisition of equipment, supplies and interests in land. All
29moneys deposited in this account shall remain in it to be
30used as specified in this section. With the exception of
 

1trails used by both snowmobiles and ATV's, under no 
2circumstances shall the department expend any moneys from any 
3fund except for the activity that generated those funds.

4(3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating
5to municipal corporation portion of fines, etc.)
6notwithstanding, when prosecution under this chapter is the
7result of local police action, all fines, penalties, fees and
8costs assessed as a result of such prosecution shall be
9payable to the municipal corporation under which the local
10police are organized.

11(b) Grant-in-aid.--The department shall, upon written
12application and subsequent approval, grant money from the
13appropriate fund of the restricted account:

14(1) To municipalities and profit and nonprofit
15organizations in connection with snowmobile and ATV use on
16lands not owned by the Commonwealth for the following:

17(i) Plans, specifications and engineering surveys.

18(ii) Fees and costs related to the preparation or
19performance of right-of-way lease agreements.

20(iii) Land acquisition.

21(iv) Construction, maintenance and rehabilitation of
22trails and other facilities for snowmobiles and ATV's.

23(2) To municipalities and profit and nonprofit
24organizations for equipment, training and education
25activities relating to snowmobile and ATV use.

26(3) To profit and nonprofit organizations for the
27maintenance and rehabilitation, but not the construction, of
28snowmobile and ATV trails on land owned by the Commonwealth.

29(c) Audit of moneys.--The restricted account shall be
30audited every two years. Copies of the audit shall be provided

1to the Snowmobile and ATV Advisory Committee[.], the 
2Appropriations Committee of the Senate and the Appropriations 
3Committee of the House of Representatives. Copies shall also be 
4posted and maintained on the department's publicly accessible 
5Internet website.

6(d) Annual report.--An annual report on income and 
7expenditures from each fund of the restricted account shall be 
8posted and maintained on the department's publicly accessible 
9Internet website and provided to the Appropriations Committee of 
10the Senate and the Appropriations Committee of the House of 
11Representatives.

12Section 2. This act shall take effect in 60 days.