PRINTER'S NO. 1054
No. 902 Session of 2007
INTRODUCED BY GEIST, CAPPELLI, CARROLL, COX, CREIGHTON, GIBBONS,
GINGRICH, GODSHALL, HERSHEY, M. KELLER, MENSCH, R. MILLER,
PHILLIPS, PICKETT, READSHAW, SAYLOR, SIPTROTH, SONNEY,
R. STEVENSON AND WOJNAROSKI, MARCH 22, 2007
REFERRED TO COMMITTEE ON FINANCE, MARCH 22, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for applicability and uniformity
3 of law and for disposition and use of liquid fuels and fuels
4 tax.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6101 of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 6101. Applicability and uniformity of title.
10 (a) Requirement.--The provisions of this title shall be
11 applicable and uniform throughout this Commonwealth and in all
12 political subdivisions in this Commonwealth, and no local
13 authority shall enact or enforce any ordinance on a matter
14 covered by the provisions of this title unless expressly
15 authorized.
16 (b) Sanctions.--A local authority which violates subsection
17 (a) is subject to the following sanctions during the period of
18 time the ordinance remains in effect:
1 (1) Suspension of capital expenditures for bridges and
2 highways.
3 (2) Suspension of allocation under the act of June 1,
4 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels
5 Tax Municipal Allocation Law.
6 (3) Suspension of allocation and apportionment under
7 section 9010(c.1) (relating to disposition and use of tax).
8 Section 2. Section 9010(c) introductory paragraph of Title
9 75 is amended and the section is amended by adding a subsection
10 to read:
11 § 9010. Disposition and use of tax.
12 * * *
13 (c) Allocation of money.--[The] Except as set forth in
14 subsection (c.1), the county commissioners may allocate and
15 apportion money from the County Liquid Fuels Tax Fund to the
16 political subdivisions within the county in the ratio as
17 provided in this subsection. When the unencumbered balance in
18 the County Liquid Fuels Tax Fund is greater than the receipts
19 for the 12 months immediately preceding the date of either of
20 the reports, the county commissioners shall notify the political
21 subdivisions to make application within 90 days for
22 participation in the redistribution of the unencumbered balance.
23 Redistribution shall be effected within 120 days of the date of
24 either of the reports. The county commissioners may distribute
25 the unencumbered balance in excess of 50% of the receipts for
26 the previous 12 months to the political subdivisions making
27 application in the following manner:
28 * * *
29 (c.1) Forfeiture.--All money allocated under subsection (c)
30 to a political subdivision which, under section 6109(a)
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1 (relating to specific powers of department and local
2 authorities), violates section 6101(a) (relating to
3 applicability and uniformity of title) shall be withheld by the
4 county during the period of time in which the municipality is in
5 violation of section 6101(a).
6 * * *
7 Section 3. This act shall take effect as follows:
8 (1) The amendment or addition of 75 Pa.C.S. § 9010(c)
9 and (c.1) shall take effect January 1, 2008.
10 (2) This section shall take effect immediately.
11 (3) The remainder of this act shall take effect in 60
12 days.
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