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PRINTER'S NO. 1026
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
905
Session of
2019
INTRODUCED BY HOHENSTEIN, F. KELLER, SOLOMON, ISAACSON, HILL-
EVANS, MILLARD, MASSER, NEILSON AND KENYATTA, MARCH 20, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 20, 2019
AN ACT
Providing for reimbursement of Pennsylvania Turnpike tolls for
certain companies; establishing the Pennsylvania Turnpike-to-
Port Freight Reimbursement Fund; and providing for duties of
the Department of Transportation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Turnpike-to-Port Freight Reimbursement Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Company." Either of the following:
(1) A business that is a licensee of the Pennsylvania
Preferred® trademark under 3 Pa.C.S. Ch. 46 (relating to
Pennsylvania Preferred® trademark).
(2) A business that meets all of the following
requirements:
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(i) Has a physical headquarters located in this
Commonwealth.
(ii) Is registered with the Department of State of
the Commonwealth.
(iii) Grows or manufactures products in this
Commonwealth.
(iv) Uses the Pennsylvania Turnpike to transport
products to the Port of Philadelphia for the purpose of
shipping.
"Department." The Department of Transportation of the
Commonwealth.
"Fund." The Pennsylvania Turnpike-to-Port Freight
Reimbursement Fund established under section 3.
"Turnpike." The Pennsylvania Turnpike.
Section 3. Pennsylvania Turnpike-to-Port Freight Reimbursement
Fund.
(a) Establishment.--The Pennsylvania Turnpike-to-Port
Freight Reimbursement Fund is established in the State Treasury
for the purpose of reimbursing companies that pay tolls on the
turnpike to transport products to the Port of Philadelphia for
shipping.
(b) Application for reimbursement.--A company may apply to
the department for reimbursement from the fund. The department
shall provide an application form. A company shall submit all of
the following with the application:
(1) An itemized inventory of the products transported
via the turnpike.
(2) The place of origin of the products.
(3) The name and address of any shipping contractor used
for transporting the products via the turnpike.
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(4) Proof of payment of turnpike tolls by the company or
shipping contractor.
(5) The date and time of the arrival of the products to
the Port of Philadelphia.
(6) Documentation that the products were shipped from
the Port of Philadelphia, including the date of shipping, the
name of the ship and the destination of the products.
(7) The number of full-time, part-time and contract
employees with the company.
(8) The annual revenues of the company.
(9) The history of the company, including when and where
it was founded and how it has grown from founding to the
present in terms of number of employees, revenues and
locations.
(c) Investigation of application.--The department shall
investigate and confirm the accuracy of an application under
subsection (b). The department may confer with the Pennsylvania
Turnpike Commission and the Port of Philadelphia to confirm the
accuracy of an application.
(d) Timing.--An application for reimbursement to the
department shall be submitted on a quarterly basis. If
sufficient money is available in the fund, the department shall
reimburse a company within 60 days of the date that an
application is confirmed to be accurate under subsection (c).
Section 4. Penalties.
(a) Penalties.--If the department determines that a company
has submitted a false application or if the department
erroneously paid a reimbursement due to false information, the
company:
(1) shall pay back the reimbursement, if any;
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(2) is prohibited from seeking reimbursement from the
fund; and
(3) is subject to a $5,000 fine.
(b) Deposit of fines.--Any fines collected under subsection
(a) shall be deposited in the fund.
Section 5. Fund balance.
The fund balance shall be limited to $2,500,000, and any
amount in excess of $2,500,000 shall be deposited in the General
Fund.
Section 6. Reporting.
Beginning January 1, 2020, and annually thereafter, the
department shall submit an annual report of the fund to the
General Assembly.
Section 7. Regulations.
The department, in consultation with the Pennsylvania
Turnpike Commission, may promulgate rules and regulations
necessary to administer and enforce this act.
Section 8. Effective date.
This act shall take effect in 60 days.
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