Regular Session 2019-2020 House Bill 2282 P.N. 3420

PRINTER'S NO. 3420

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2282

Session of

2020

INTRODUCED BY SCHROEDER AND HENNESSEY, MARCH 4, 2020

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 4, 2020

AN ACT

Amending Title 74 (Transportation) of the Pennsylvania

Consolidated Statutes, in preliminary provisions relating to

aviation, further providing for Aviation Restricted Account;

and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5103 of Title 74 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 5103. Aviation Restricted Account.

(a) Creation of account.--There is hereby created a special

account in the [State Treasury] Motor License Fund which shall

be known as the Aviation Restricted Account.

(b.1) Source.--The revenue from the following sources shall

be deposited in the Aviation Restricted Account:

(1) Proceeds of all excise taxes upon the use of fuel in

aircraft engines.

(2) The cost of the use of department aircraft by

Commonwealth agencies and the General Assembly, charged under

section 5302 (relating to aircraft for official use).

(3) Money collected under sections 5703 (relating to

disposition of fines, fees and forfeitures) and 5901

(relating to Harrisburg International Airport).

(4) Proceeds from the sale of State-owned airports or

property thereon.

(5) Proceeds from rents, fees and other money derived

from any source under section 5903 (relating to authority of

department).

(6) All interest earned on money in the account.

(c.1) Use of account.--The money from time to time in the

account, after providing for the cost of administration and

collection of the excise tax upon the use of fuel in aircraft or

aircraft engines, shall be appropriated by the General Assembly

to the department or political subdivisions for use in the

following manner:

(1) The portion of the account derived from the tax on

fuel sold for use in propeller-driven piston aircraft or

aircraft engines as provided for in 75 Pa.C.S. Ch. 90

(relating to liquid fuels and fuels tax) and all the money

collected under section 6121 (relating to tax on aviation

fuels) shall be reserved solely for local real estate tax

reimbursements for public airports, for costs of

administering the program as provided for in section 6122(e)

(relating to allocation of funds) and for payment of

obligations incurred for such purposes. This portion of the

account shall be maintained by the State Treasurer and shall

be administered by the department. On or before February 1 of

each year, the State Treasurer shall notify the department of

the money collected and deposited in that portion of the

account reserved solely for local real estate tax

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reimbursements for the preceding calendar year. The

notification shall include any money gained through the State

Treasurer's investment of revenue.

(2) The portion of the account derived from the tax on

fuel sold for use in turbine-propelled jet, turbojet and jet-

driven aircraft and aircraft engines as provided for in 75

Pa.C.S. Ch. 90 and all the money collected under section 6131

(relating to tax on jet fuels) shall be appropriated to fund

the continuation of existing aviation programs, including

aviation development grants, a runway marking program for

public airports, administration, operation and maintenance of

all State-owned airports, other than Harrisburg International

Airport, payment of debt service for improvements on State-

owned airports, including improvements at Harrisburg

International Airport authorized prior to July 1, 1984,

matching fund programs for public airports as determined by

the Statewide regional apportionment formula and the

operations of the Bureau of Aviation. The sum allotted for

bureau operations shall not exceed the amount of aviation

development grants.

(3) The balance of the account may be used for the

purchase, construction, reconstruction, operation and

maintenance of State-owned airports, including Harrisburg

International Airport, the operation, maintenance and other

costs of aircraft owned or leased by the Commonwealth and any

other purpose reasonably related to air navigation. The money

in the account shall not be diverted by transfer or otherwise

to any other purpose.

Section 2. Repeals are as follows:

(1) The General Assembly declares that the repeal under

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paragraph (2) is necessary to effectuate the addition of 74

Pa.C.S. § 5103(b.1) and (c.1).

(2) Section 530 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is

repealed. The following apply:

(i) Except as otherwise provided in 74 Pa.C.S. §

5103(b.1) and (c.1), all activities initiated under

section 530 of The Administrative Code of 1929 shall

continue and remain in full force and effect and may be

completed under 74 Pa.C.S. § 5103(b.1) and (c.1). Orders,

regulations, rules and decisions which were made under

section 530 of The Administrative Code of 1929 and which

are in effect on the effective date of this section shall

remain in full force and effect until revoked, vacated or

modified under 74 Pa.C.S. § 5103(b.1) and (c.1).

Contracts, obligations and collective bargaining

agreements entered into under section 530 of The

Administrative Code of 1929 are not affected nor impaired

by the repeal of section 530 of The Administrative Code

of 1929.

(ii) Any difference in language between 74 Pa.C.S. §

5103(b.1) and (c.1) and section 530 of The Administrative

Code of 1929 is intended only to conform to the style of

the Pennsylvania Consolidated Statutes and is not

intended to change or affect the legislative intent,

judicial construction or administration and

implementation of section 530 of The Administrative Code

of 1929.

Section 3. This act shall take effect in 60 days.

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