PRINTER'S NO. 2464
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2126
Session of
2021
INTRODUCED BY SCHROEDER, MILLARD AND TOPPER, DECEMBER 2, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, DECEMBER 2, 2021
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) 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).
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(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) Use of account.--The money 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
reimbursements for the preceding calendar year. The
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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:
(i) Aviation development grants.
(ii) A runway marking program for public airports.
(iii) Administration, operation and maintenance of
all State-owned airports, other than Harrisburg
International Airport.
(iv) Payment of debt service for improvements on
State-owned airports, including improvements at
Harrisburg International Airport authorized prior to July
1, 1984.
(v) Matching fund programs for public airports as
determined by the Statewide regional apportionment
formula.
(vi) The operations of the Bureau of Aviation. The
sum allotted for Bureau of Aviation operations shall not
exceed the amount of aviation development grants.
(3) The balance of the account may be used for:
(i) The purchase, construction, reconstruction,
operation and maintenance of State-owned airports,
including Harrisburg International Airport.
(ii) The operation, maintenance and other costs of
aircraft owned or leased by the Commonwealth.
(iii) Any other purpose reasonably related to air
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navigation.
(4) 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
paragraph (2) is necessary to effectuate the addition of 74
Pa.C.S. § 5103(b) and (c).
(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) and (c), 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) and (c). 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) and (c). 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) and (c) 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
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implementation of section 530 of The Administrative Code
of 1929.
Section 3. This act shall take effect in 60 days.
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