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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GEIST, J. EVANS, HESS, M. KELLER, MILLER, PICKETT, PYLE, BEYER, CALTAGIRONE, CARROLL, D. COSTA, CUTLER, DENLINGER, EVERETT, GINGRICH, GROVE, HALUSKA, MELIO, MILLARD, MOUL, MURT, READSHAW, ROSS, SAYLOR, SIPTROTH, SONNEY AND VULAKOVICH, JUNE 12, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 12, 2009 |
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| AN ACT |
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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.--When a court of competent jurisdiction |
17 | determines that an ordinance adopted by a local authority is in |
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1 | violation of subsection (a), the local authority is subject to |
2 | the following sanctions until the local authority repeals or |
3 | substantially amends the ordinance to remove the language that |
4 | was found to be in violation of subsection (a): |
5 | (1) Suspension of capital expenditures for bridges and |
6 | highways. |
7 | (2) Suspension of allocation under the act of June 1, |
8 | 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels |
9 | Tax Municipal Allocation Law. |
10 | (3) Suspension of allocation and apportionment under |
11 | section 9010(c.1) (relating to disposition and use of tax). |
12 | (c) Suspended funds.--Upon notification that the local |
13 | authority has repealed or substantially amended the ordinance to |
14 | remove the language that was found to be in violation of |
15 | subsection (a), the department shall immediately end all |
16 | sanctions against the local authority and return all suspended |
17 | funds to the local authority. |
18 | Section 2. Section 9010(c) introductory paragraph of Title |
19 | 75 is amended and the section is amended by adding subsections |
20 | to read: |
21 | § 9010. Disposition and use of tax. |
22 | * * * |
23 | (c) Allocation of money.--[The] Except as set forth in |
24 | subsection (c.1), the county commissioners may allocate and |
25 | apportion money from the County Liquid Fuels Tax Fund to the |
26 | political subdivisions within the county in the ratio as |
27 | provided in this subsection. When the unencumbered balance in |
28 | the County Liquid Fuels Tax Fund is greater than the receipts |
29 | for the 12 months immediately preceding the date of either of |
30 | the reports, the county commissioners shall notify the political |
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1 | subdivisions to make application within 90 days for |
2 | participation in the redistribution of the unencumbered balance. |
3 | Redistribution shall be effected within 120 days of the date of |
4 | either of the reports. The county commissioners may distribute |
5 | the unencumbered balance in excess of 50% of the receipts for |
6 | the previous 12 months to the political subdivisions making |
7 | application in the following manner: |
8 | * * * |
9 | (c.1) Forfeiture.--All money allocated under subsection (c) |
10 | to a political subdivision which, under section 6109(a) |
11 | (relating to specific powers of department and local |
12 | authorities), violates section 6101(a) (relating to |
13 | applicability and uniformity of title) shall be withheld by the |
14 | county during the period of time in which the municipality is in |
15 | violation of section 6101(a). |
16 | (c.2) Release funds.--Upon notification that the local |
17 | authority has repealed or substantially amended the ordinance to |
18 | remove the language that was found to be in violation of section |
19 | 6101(a), the county shall release those funds withheld by the |
20 | county and due the local agency. |
21 | * * * |
22 | Section 3. This act shall take effect as follows: |
23 | (1) The amendment or addition of 75 Pa.C.S. § 9010(c) |
24 | and (c.1) shall take effect January 1, 2010. |
25 | (2) This section shall take effect immediately. |
26 | (3) The remainder of this act shall take effect in 60 |
27 | days. |
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