PRIOR PRINTER'S NO. 1054 PRINTER'S NO. 2111
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, WOJNAROSKI AND CALTAGIRONE, MARCH 22, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 27, 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
1 time the ordinance remains in effect:
2 (B) SANCTIONS.--WHEN A COURT OF COMPETENT JURISDICTION <--
3 DETERMINES THAT AN ORDINANCE ADOPTED BY A LOCAL AUTHORITY IS IN
4 VIOLATION OF SUBSECTION (A), THE LOCAL AUTHORITY IS SUBJECT TO
5 THE FOLLOWING SANCTIONS UNTIL THE LOCAL AUTHORITY REPEALS OR
6 SUBSTANTIALLY AMENDS THE ORDINANCE TO REMOVE THE LANGUAGE THAT
7 WAS FOUND TO BE IN VIOLATION OF SUBSECTION (A):
8 (1) Suspension of capital expenditures for bridges and
9 highways.
10 (2) Suspension of allocation under the act of June 1,
11 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels
12 Tax Municipal Allocation Law.
13 (3) Suspension of allocation and apportionment under
14 section 9010(c.1) (relating to disposition and use of tax).
15 (C) SUSPENDED FUNDS.--UPON NOTIFICATION THAT THE LOCAL <--
16 AUTHORITY HAS REPEALED OR SUBSTANTIALLY AMENDED THE ORDINANCE TO
17 REMOVE THE LANGUAGE THAT WAS FOUND TO BE IN VIOLATION OF
18 SUBSECTION (A), THE DEPARTMENT SHALL IMMEDIATELY END ALL
19 SANCTIONS AGAINST THE LOCAL AUTHORITY AND RETURN ALL SUSPENDED
20 FUNDS TO THE LOCAL AUTHORITY.
21 Section 2. Section 9010(c) introductory paragraph of Title
22 75 is amended and the section is amended by adding a subsection <--
23 SUBSECTIONS to read: <--
24 § 9010. Disposition and use of tax.
25 * * *
26 (c) Allocation of money.--[The] Except as set forth in
27 subsection (c.1), the county commissioners may allocate and
28 apportion money from the County Liquid Fuels Tax Fund to the
29 political subdivisions within the county in the ratio as
30 provided in this subsection. When the unencumbered balance in
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1 the County Liquid Fuels Tax Fund is greater than the receipts
2 for the 12 months immediately preceding the date of either of
3 the reports, the county commissioners shall notify the political
4 subdivisions to make application within 90 days for
5 participation in the redistribution of the unencumbered balance.
6 Redistribution shall be effected within 120 days of the date of
7 either of the reports. The county commissioners may distribute
8 the unencumbered balance in excess of 50% of the receipts for
9 the previous 12 months to the political subdivisions making
10 application in the following manner:
11 * * *
12 (c.1) Forfeiture.--All money allocated under subsection (c)
13 to a political subdivision which, under section 6109(a)
14 (relating to specific powers of department and local
15 authorities), violates section 6101(a) (relating to
16 applicability and uniformity of title) shall be withheld by the
17 county during the period of time in which the municipality is in
18 violation of section 6101(a).
19 (C.2) RELEASE FUNDS.--UPON NOTIFICATION THAT THE LOCAL <--
20 AUTHORITY HAS REPEALED OR SUBSTANTIALLY AMENDED THE ORDINANCE TO
21 REMOVE THE LANGUAGE THAT WAS FOUND TO BE IN VIOLATION OF SECTION
22 6101(A), THE COUNTY SHALL RELEASE THOSE FUNDS WITHHELD BY THE
23 COUNTY AND DUE THE LOCAL AGENCY.
24 * * *
25 Section 3. This act shall take effect as follows:
26 (1) The amendment or addition of 75 Pa.C.S. § 9010(c)
27 and (c.1) shall take effect January 1, 2008.
28 (2) This section shall take effect immediately.
29 (3) The remainder of this act shall take effect in 60
30 days.
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