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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KORTZ, DENLINGER, HARKINS, HORNAMAN, JOSEPHS, MULLERY, SWANGER AND THOMAS, APRIL 13, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 13, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, providing for police fuel reimbursement surcharge; |
3 | and establishing the Police Fuel Reimbursement Fund. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 75 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 6508. Police fuel reimbursement surcharge. |
9 | (a) Surcharge.--In addition to any fines, fees or penalties |
10 | levied or imposed as provided by law under this title or any |
11 | other statute, a surcharge of $12 shall be imposed upon |
12 | conviction for a violation of section 3362 (relating to maximum |
13 | speed limits) for disposition in accordance with subsection (b). |
14 | (b) Disposition.--Notwithstanding the provisions of 42 |
15 | Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines, |
16 | etc.) and 3573 (relating to municipal corporation portion of |
17 | fines, etc.), the surcharge levied and collected under |
18 | subsection (a) by any division of the unified judicial system |
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1 | existing under section 1 of Article V of the Constitution of |
2 | Pennsylvania and 42 Pa.C.S. § 301 (relating to unified judicial |
3 | system) shall be remitted to the Commonwealth for deposit in the |
4 | Police Fuel Reimbursement Fund for the purpose of police fuel |
5 | reimbursements in accordance with this section. |
6 | (c) Police Fuel Reimbursement Fund.-- |
7 | (1) There is hereby established a Police Fuel |
8 | Reimbursement Fund within the State Treasury. The fund shall |
9 | be administered by the State Treasury. All interest earned |
10 | from the deposit of moneys accumulated in the fund shall be |
11 | deposited in the fund for the same use. |
12 | (2) All moneys deposited into the fund shall be held in |
13 | trust and shall not be considered general revenue of the |
14 | Commonwealth but shall be used only to effectuate the |
15 | purposes of this section. |
16 | (d) Reimbursements.-- |
17 | (1) An issuing authority within this Commonwealth shall |
18 | on a quarter annually basis, submit the following information |
19 | on a form determined by the treasury: |
20 | (i) The total number of convictions resulting in a |
21 | surcharge under subsection (a). |
22 | (ii) The total amount appropriated to the issuing |
23 | authority for fuel costs. |
24 | (2) The treasury shall pay annually from the fund to an |
25 | issuing authority an amount equal to 12 times the amount of |
26 | convictions reported under paragraph (1), but not more than |
27 | the amount reported under subsection (a)(2). |
28 | (3) After all annual reimbursements are made to issuing |
29 | authorities, the remaining balance of the fund shall be paid |
30 | to the Pennsylvania State Police for fuel costs. Moneys |
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1 | granted to the Pennsylvania State Police under this section |
2 | shall not be included in determining its annual State |
3 | appropriation. |
4 | (e) Definitions.--As used in this section, the following |
5 | words and phrases shall have the meanings given to them in this |
6 | subsection: |
7 | "Fund." The Police Fuel Reimbursement Fund. |
8 | "Issuing authority." An enforcement agency employing public |
9 | officials having the power and authority of a magisterial |
10 | district judge and has issued at least one violation of 75 |
11 | Pa.C.S. § 3362 (relating to maximum speed limits), which has |
12 | resulted in a conviction. The term does not include the |
13 | Pennsylvania State Police. |
14 | Section 2. This act shall take effect in 60 days. |
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