PRIOR PRINTER'S NOS. 1063, 3373 PRINTER'S NO. 3423
No. 944 Session of 2001
INTRODUCED BY CORRIGAN, ALLEN, BARRAR, BASTIAN, BEBKO-JONES,
BELFANTI, BISHOP, BUNT, BUTKOVITZ, CALTAGIRONE, CAPPABIANCA,
CAWLEY, CIVERA, COLAFELLA, COSTA, CREIGHTON, CRUZ, DeLUCA,
DeWEESE, DiGIROLAMO, EACHUS, LYNCH, LUCYK, LEDERER, LAUGHLIN,
HUTCHINSON, HORSEY, HENNESSEY, HARHAI, GRUCELA, GEORGE,
GEIST, GABIG, McCALL, MELIO, MICOZZIE, ORIE, PALLONE,
PETRARCA, RAYMOND, READSHAW, ROBERTS, ROONEY, RUFFING,
SAINATO, SATHER, SAYLOR, SCHULER, SHANER, SOLOBAY, STEELMAN,
STERN, SURRA, E. Z. TAYLOR, THOMAS, TRELLO, WANSACZ, WATERS,
WATSON, J. WILLIAMS, WOJNAROSKI, YOUNGBLOOD AND YUDICHAK,
MARCH 13, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 13, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, exempting ex-prisoners of war from paying any fees
3 for titling or registration of vehicles; AND FURTHER <--
4 PROVIDING FOR SCOPE AND APPLICATION OF CHAPTER 49 AND FOR
5 REFUNDS.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1901 of Title 75 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 1901. Exemption of persons, entities and vehicles from fees.
11 (a) Governmental and quasi-governmental entities.--Except as
12 otherwise specifically provided in this title, no fees shall be
13 charged under this title to any of the following:
14 (1) The Commonwealth.
1 (2) Political subdivisions.
2 (3) State and local authorities.
3 (4) State-related institutions of higher learning.
4 (5) The Federal Government.
5 (6) Other states.
6 (b) Title and registration fees.--No fee shall be charged
7 for titling or registration of any of the following:
8 (1) Buses registered by urban mass transportation
9 systems.
10 (2) Vehicles registered by volunteer fire, rescue and
11 ambulance associations.
12 (3) Vehicles registered by foreign nationals with the
13 rank of vice consul or higher assigned to a consulate in this
14 Commonwealth provided that citizens of the United States are
15 granted reciprocal exemptions.
16 (4) Vehicles of totally disabled veterans whose
17 disability is certified by the service unit of the armed
18 forces in which the veterans served or by the United States
19 Veterans' Administration as service-connected.
20 (5) Vehicles on loan or transferred to a nonprofit
21 corporation by the United States Department of Defense or the
22 United States General Services Administration and used
23 exclusively for leasing to political subdivisions, State
24 agencies and the Federal Government. Such vehicles shall be
25 issued the same kind of registration plates as are issued to
26 vehicles registered by political subdivisions.
27 (6) A person who, as a member of the armed forces of the
28 United States, was captured by the enemy during World War I,
29 World War II, the Korean Emergency, the Vietnam Conflict or
30 in a future armed conflict for which the Department of
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1 Defense authorizes a campaign medal.
2 (c) Processing fee in lieu of registration fee.--No
3 registration fee shall be charged for vehicles registered by any
4 of the following but the department shall charge a fee of $10 to
5 cover the costs of processing for issuing or renewing the
6 registration:
7 (1) Hospital.
8 (2) Humane society.
9 (3) Nonprofit youth center.
10 (4) American Red Cross.
11 (5) Church.
12 (6) Girl Scouts of America.
13 (7) Boy Scouts of America.
14 (8) Salvation Army.
15 (9) Duly chartered posts of national veterans'
16 organizations.
17 (10) Young Men's Christian Association.
18 (11) Young Men's Hebrew Association.
19 (12) Young Women's Christian Association.
20 (13) Young Women's Hebrew Association.
21 (14) Jewish Community Center.
22 (15) Nonprofit corporations of musical marching groups
23 of youths.
24 (16) Any person who is retired and receiving social
25 security or other pension and whose total annual income does
26 not exceed $19,200. Unless the retired person is physically
27 or mentally incapable of driving the vehicle, the retired
28 person shall be the principal driver of the vehicle but may
29 from time to time authorize another person to drive the
30 vehicle in his or her stead.
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1 (17) Any veteran who lost a limb or eye or who became
2 partially paralyzed while serving in the armed forces of the
3 United States.
4 [(18) A person who, as a member of the armed forces of
5 the United States, was captured by the enemy during World War
6 I, World War II, the Korean Emergency, the Vietnam Conflict
7 or in a future armed conflict for which the Department of
8 Defense authorizes a campaign medal.]
9 (19) Any person who has been awarded the Congressional
10 Medal of Honor.
11 (20) Nonprofit organizations which care for or otherwise
12 provide services for the elderly or the infirm.
13 (21) Nonprofit organizations which principally serve
14 mentally or physically handicapped or disabled persons.
15 (22) Nonprofit mobile aviation museum.
16 (23) Nonprofit corporations that provide ambulance or
17 emergency medical services.
18 (d) Limitations.--
19 (1) Vehicles titled and registered under the provisions
20 of this section shall be operated and used exclusively for
21 the purpose for which the vehicles were entitled to the
22 exemptions from fees.
23 (2) Only one passenger car or truck with a registered
24 gross weight of not more than 9,000 pounds may be registered
25 to any person under the provisions of subsection (b)(4) and
26 subsection (c)(16), (17)[, (18)] and (19).
27 (e) Penalty.--Any person violating the provisions of this
28 section is guilty of a summary offense.
29 SECTION 2. SECTIONS 4901(C) AND 9017(D) OF TITLE 75 ARE <--
30 AMENDED AND THE SECTIONS ARE AMENDED BY ADDING SUBSECTIONS TO
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1 READ:
2 § 4901. SCOPE AND APPLICATION OF CHAPTER.
3 * * *
4 (C) PERMIT AUTHORIZING PROHIBITED MOVEMENT.--IF AN
5 OVERWEIGHT OR OVERSIZE MOVEMENT CANNOT BE MADE IN ANY OTHER
6 FEASIBLE MANNER, THE PERMIT MAY AUTHORIZE THE MOVEMENT TO BE
7 MADE IN CONTRAVENTION TO ANY PROVISION OF THIS TITLE PROVIDED
8 THAT:
9 (1) THE DEPARTMENT OR LOCAL AUTHORITY DETERMINES THAT
10 THE MOVEMENT IS IN THE PUBLIC INTEREST; AND
11 (2) THE MOVEMENT IS ESCORTED BY THE PENNSYLVANIA STATE
12 POLICE, EXTRA-DUTY PENNSYLVANIA STATE POLICE OR DEPARTMENT
13 PERSONNEL [WHILE ANY PROVISION OF THIS TITLE IS BEING
14 CONTRAVENED]. IF THE MOVEMENT IS ESCORTED BY EXTRA-DUTY
15 PENNSYLVANIA STATE POLICE OR DEPARTMENT PERSONNEL, THE
16 FOLLOWING SHALL APPLY:
17 (I) APPROVAL MUST BE OBTAINED FROM THE PENNSYLVANIA
18 STATE POLICE.
19 (II) THE PERMITTEE SHALL BEAR THE EXPENSE OF
20 ESCORTING THE MOVEMENT.
21 (III) EXTRA-DUTY PENNSYLVANIA STATE POLICE AND
22 DEPARTMENT PERSONNEL SHALL BE IMMUNE FROM CIVIL OR
23 CRIMINAL LIABILITY ARISING FROM ESCORTING A MOVEMENT IN
24 ACCORDANCE WITH THIS PARAGRAPH.
25 * * *
26 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM "EXTRA-
27 DUTY PENNSYLVANIA STATE POLICE" MEANS SWORN MEMBERS OF THE
28 PENNSYLVANIA STATE POLICE ASSIGNED, ON A VOLUNTARY BASIS, TO
29 PERFORM WORK OUTSIDE OF THEIR REGULARLY SCHEDULED SHIFT ON AN
30 OVERTIME BASIS, TO A DETAIL THAT IS THE EXCLUSIVE ACTIVITY TO BE
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1 PERFORMED DURING THE SHIFT ASSIGNMENT.
2 § 9017. REFUNDS.
3 * * *
4 [(D) OFF-HIGHWAY RECREATIONAL VEHICLES.--
5 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
6 ON FUEL USED IN OFF-HIGHWAY RECREATIONAL VEHICLES WITHIN THIS
7 COMMONWEALTH, AN AMOUNT EQUAL TO THE REVENUE GENERATED BY THE
8 TAX, BUT NOT DERIVED THEREFROM, MAY BE APPROPRIATED THROUGH
9 THE GENERAL FUND TO THE DEPARTMENT OF CONSERVATION AND
10 NATURAL RESOURCES. IT IS THE INTENT OF THIS CHAPTER THAT ALL
11 PROCEEDS FROM THE TAX PAID ON FUEL USED IN OFF-HIGHWAY
12 RECREATIONAL VEHICLES WITHIN THIS COMMONWEALTH BE PAID
13 WITHOUT DIMINUTION OF THE MOTOR LICENSE FUND.
14 (2) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
15 SHALL BIENNIALLY CALCULATE THE AMOUNT OF LIQUID FUEL CONSUMED
16 BY OFF-HIGHWAY RECREATIONAL VEHICLES AND FURNISH INFORMATION
17 RELATING TO ITS CALCULATIONS AND DATA AS MAY BE REQUIRED BY
18 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
19 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
20 (3) THE GENERAL ASSEMBLY SHALL REVIEW THE FUEL
21 CONSUMPTION CALCULATIONS OF THE DEPARTMENT OF CONSERVATION
22 AND NATURAL RESOURCES TO DETERMINE THE AMOUNT OF LIQUID FUELS
23 TAX PAID ON LIQUID FUELS CONSUMED IN THE PROPULSION OF OFF-
24 HIGHWAY RECREATIONAL VEHICLES IN THIS COMMONWEALTH AND MAY
25 ANNUALLY APPROPRIATE TO THE DEPARTMENT OF CONSERVATION AND
26 NATURAL RESOURCES THE AMOUNT SO DETERMINED.
27 (4) MONEY APPROPRIATED UNDER PARAGRAPH (3) SHALL BE USED
28 FOR THE BENEFIT OF MOTORIZED AND NONMOTORIZED RECREATIONAL
29 TRAILS BY THE DEPARTMENT OF CONSERVATION AND NATURAL
30 RESOURCES AS PROVIDED IN THE INTERMODAL SURFACE
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1 TRANSPORTATION EFFICIENCY ACT OF 1991 (PUBLIC LAW 102-240,
2 105 STAT. 1914).]
3 (D.1) MOTORIZED RECREATIONAL VEHICLES.--AN AMOUNT EQUAL TO
4 50% OF THE TAX IMPOSED BY SECTION 9004(A) (RELATING TO
5 IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS) ON FUEL CONSUMED
6 IN THE OPERATION OF MOTORIZED RECREATIONAL VEHICLES WITHIN THIS
7 COMMONWEALTH, BUT NOT TO EXCEED $1,000,000, SHALL BE REFUNDED
8 OUT OF THE LIQUID FUELS TAX FUND TO THE DEPARTMENT OF
9 CONSERVATION AND NATURAL RESOURCES IN THE FOLLOWING MANNER:
10 (1) THERE IS HEREBY ESTABLISHED A SPECIAL NONLAPSING
11 RESTRICTED RECEIPTS ACCOUNT IN THE STATE TREASURY TO BE KNOWN
12 AS THE RECREATIONAL TRAILS TRUST FUND.
13 (2) ONE-HALF OF THE TAX REVENUES, NOT TO EXCEED
14 $1,000,000, GENERATED BY THE TAX IMPOSED BY SECTION 9004(A)
15 ON FUEL USED IN MOTORIZED RECREATIONAL VEHICLES USED WITHIN
16 THIS COMMONWEALTH, AS DETERMINED BY THE DEPARTMENT OF
17 CONSERVATION AND NATURAL RESOURCES, SHALL BE ANNUALLY
18 REFUNDED TO THE DEPARTMENT THROUGH THE RECREATIONAL TRAILS
19 TRUST FUND.
20 (3) ALL MONEYS IN THE FUND ARE HEREBY APPROPRIATED ON A
21 CONTINUING NONLAPSING BASIS TO THE DEPARTMENT OF CONSERVATION
22 AND NATURAL RESOURCES FOR THE ACTIVITIES REFERRED TO IN
23 PARAGRAPH (5).
24 (4) ALL INTEREST EARNED BY THE FUND AND REFUNDS OR
25 REPAYMENTS SHALL BE CREDITED TO THE FUND AND ARE HEREBY
26 APPROPRIATED IN THE SAME MANNER AS PARAGRAPH (3).
27 (5) ALL MONEY IN THE FUND SHALL BE USED BY THE
28 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES IN
29 ACCORDANCE WITH THE RECOMMENDATIONS OF THE SNOWMOBILE AND ATV
30 ADVISORY COMMITTEE FOR THE ACQUISITION, CREATION AND
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1 MAINTENANCE OF TRAILS USED BY MOTORIZED RECREATIONAL VEHICLES
2 AND FOR ENFORCEMENT IN STATE FORESTS AND STATE PARKS.
3 * * *
4 Section 2 3. This act shall take effect in 60 days. <--
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