THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. EVANS, JULY 3, 2010

REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 3, 2010  

AN ACT

Amending Titles 74 (Transportation) and 75 (Vehicles) of the

Pennsylvania Consolidated Statutes, in Title 74, further

providing, in sustainable mobility options, for definitions

and for Public Transportation Trust Fund; providing for

imposition and allocation of certain taxes and surcharges;

adding provisions relating to public transit strike

notification; providing for penalties; and, in Title 75,

further providing for Pennsylvania Turnpike and taxes for

highway maintenance and construction, for deposit and

distribution of funds and for imposition of tax.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1503 of Title 74 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 1503.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Parking services."  Any service provided for the license or

privilege to park a motor vehicle on the real property of

another person, which service is provided on an hourly, daily,

monthly or other basis. The term includes valet services.

* * *

"Professional sporting event."  A live sporting competition

where a price is charged to a member of the audience for

admission, the competition is promoted by a league, team,

organization or other entity, regardless of whether or not the

league, team, organization or other entity owns the site at

which the competition occurs, and in which at least one of the

competitors receives monetary consideration for participation in

the competition. The term includes, but is not limited to, a

race of motor vehicles, but does not include the race of horses

or other animals.

* * *

Section 2.  Section 1506(e)(2) of Title 74 is amended to

read:

§ 1506.  Fund.

* * *

(e)  Program funding amounts.--Subject to available funds,

the programs established under this chapter shall be funded

annually as follows:

* * *

(2)  (i)  [Except as provided under subparagraph (ii),

for] For the program established under section 1514

(relating to asset improvement program):

(A)  By the proceeds of Commonwealth capital

bonds deposited into the fund under subsection (c)

(2).

(A.1)  For fiscal year 2007-2008, $50,000,000

from the revenues received by the department under 75

Pa.C.S. Ch. 89 and the lease agreement executed

between the department and the Pennsylvania Turnpike

Commission under 75 Pa.C.S. § 8915.3. The amount

received by the department under this section shall

be deposited into the fund prior to distribution and

shall be in addition to the amounts received under

subsection (b)(1).

(B)  For fiscal year 2008-2009, $100,000,000 from

the revenues received by the department under 75

Pa.C.S. Ch. 89 and the lease agreement executed

between the department and the Pennsylvania Turnpike

Commission under 75 Pa.C.S. § 8915.3. The amount

received by the department under this section shall

be deposited into the fund prior to distribution and

shall be in addition to the amounts received under

subsection (b)(1).

(C)  For fiscal year 2009-2010, $150,000,000 from

the revenues received by the department under 75

Pa.C.S. Ch. 89 and the lease agreement executed

between the department and the Pennsylvania Turnpike

Commission under 75 Pa.C.S. § 8915.3. The amount

received by the department under this section shall

be deposited into the fund prior to distribution and

shall be in addition to the amounts received under

subsection (b)(1).

(D)  For fiscal year 2010-2011 and each fiscal

year thereafter, [the amount calculated for the prior

fiscal year increased by 2.5%] $200,000,000 from the

revenues received by the department under 75 Pa.C.S.

Ch. 89 and the lease agreement executed between the

department and the Pennsylvania Turnpike Commission

under 75 Pa.C.S. § 8915.3. The amount received by the

department under this section shall be deposited into

the fund prior to distribution and shall be in

addition to the amounts received under subsection (b)

(1).

(E)  Proceeds from surcharges and taxes

established by section 1521 (relating to imposition

and allocation of taxes and surcharges).

[(ii)  If the conversion notice is not received by

the secretary prior to the end of the conversion period

as set forth in 75 Pa.C.S. § 8915.3(3), no additional

allocation shall be made under subparagraph (i).]

* * *

Section 3.  Title 74 is amended by adding a section to read:

§ 1521.  Imposition and allocation of taxes and surcharges.

The following taxes and surcharges are hereby imposed, the

proceeds of which shall be deposited in the Public

Transportation Trust Fund established under section 1506

(relating to fund) and are hereby appropriated for the program

specified in section 1514 (relating to asset improvement

program):

(1)  In addition to the fee established by 75 Pa.C.S. §

1952 (relating to certificate of title), a surcharge of $8.50

is imposed on all issuances of certificate of title.

Beginning July 1, 2011, and continuing each July 1

thereafter, the amount of the surcharge shall increase 3%

from the amount of the surcharge from the preceding fiscal

year.

(2)  In addition to the fee established by 75 Pa.C.S. §

1955(a) (relating to information concerning drivers and

vehicles), a surcharge of $9 is imposed on copies of written

or electronic information relating to driver, registration,

title or security interest. Beginning July 1, 2011, and

continuing each July 1 thereafter, the amount of the

surcharge shall increase 3% from the amount of the surcharge

from the preceding fiscal year.

(3)  In addition to the fees established by 75 Pa.C.S. §

1958 (relating to certificate of inspection), a surcharge of

$4 is imposed on all annual certificates of inspection and $2

on semiannual certificates of inspection. Beginning July 1,

2011, and continuing each July 1 thereafter, the amount of

the surcharge shall increase 3% from the amount of the

surcharge from the preceding fiscal year.

(4)  A fee of $6 shall be imposed by the department on

all certificates of emissions inspection. Beginning July 1,

2011, and continuing each July 1 thereafter, the amount of

the fee shall increase 3% from the amount of the fee from the

preceding fiscal year.

(5)  In addition to the fee charged on tires under

section 2301(c) of the Tax Reform Code, a surcharge of $1 is

imposed on all tires subject to the fee imposed by section

2301(c) of that act. Beginning July 1, 2011, and continuing

each July 1 thereafter, the amount of the surcharge shall

increase 3% from the amount of the surcharge from the

preceding fiscal year.

(6)    In addition to any the fee charged on the rental of

vehicles under section 2301(e) of the Tax Reform Code, a

surcharge of $1.50 is imposed on rentals subject to the fee

imposed by section 2301(e) of that act. Beginning July 1,

2011, and continuing each July 1 thereafter, the amount of

the surcharge shall increase 3% from the amount of the

surcharge from the preceding fiscal year.

(7)  A tax of 15% is imposed on the price charged for all

paid parking services.

(8)  A tax of 15% is imposed on the price of all

admission tickets to a professional sporting event.

Section 4.  Title 74 is amended by adding a chapter to read:

CHAPTER 19

MANAGEMENT AND LABOR PROVISIONS

Subchapter

A.  Public Transit Strike Notification

SUBCHAPTER A

PUBLIC TRANSIT STRIKE NOTIFICATION

Sec.

1901.  Scope of subchapter.

1902.  Legislative findings.

1903.  Definitions.

1904.  Strike notification requirements.

§ 1901.  Scope of subchapter.

This subchapter relates to public transit strike

notification.

§ 1902.  Legislative findings.

The General Assembly finds and declares as follows:

(1)  Mass transit is a critical component of the

transportation infrastructure throughout this Commonwealth.

(2)  State and local taxpayers significantly subsidize

the operation and capital costs of local transportation

organizations.

(3)  Disruption of transit services not only

inconveniences riders but also has an adverse impact on

regional economies.

(4)  Past strikes called by bargaining unit leaders have

not given transit riders sufficient time to find alternative

means of transportation and have left passengers stranded

waiting for rides.

(5)  Transit riders, the public at large and local

governments deserve to have ample notice prior to a work

stoppage by transit workers.

§ 1903.  Definitions.

The following words and phrases as used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Collective bargaining unit."  A group of employees

represented by a labor union or other group engaged in

collective bargaining with a local transportation organization.

"Local transportation organization."  As defined in section

1503 (relating to definitions).

"Notification to the general public."  All of the following:

(1)  Holding a press conference which is attended by

representatives of the major newspapers, television stations

and news radio stations in the region served by the local

transportation organization employing the members of the

collective bargaining unit.

(2)  Unambiguously announcing a work stoppage.

"Transit worker."  An employee of a local transportation

organization.

"Union leader."  An officer of a labor union or collective

bargaining unit of a labor union.

"Union member."  A member of a labor union other than a union

leader.

"Work stoppage."  Ceasing or refusing to attend or perform

any work or to remain in any relation of employment.

§ 1904.  Strike notification requirements.

(a)  Union leaders.--Notwithstanding any other provision of

law, a union leader of a collective bargaining unit representing

transit workers may not call for or order a work stoppage

disrupting the operations of a local transportation

organization:

(1)  without first providing notification to the general

public; and

(2)  which begins, or which is called to begin, less than

72 hours after compliance with paragraph (1).

(b)  Union members.--A union member may not participate in a

work stoppage which has been called or ordered in violation of

any provision of subsection (a).

(c)  Penalties.--The following shall apply:

(1)  A violation of subsection (a) constitutes a summary

offense punishable by a fine, payable to the county, of $500

for each hour during which a work stoppage occurs in

violation of this act. Upon failure to timely pay the fine,

an offender shall be sentenced to undergo a term of

imprisonment of up to 120 days.

(2)  A violation of subsection (b) constitutes a summary

offense punishable by a fine, payable to the county, of $50

for each hour of participation in a work stoppage called, or

occurring, in violation of this subchapter. Upon failure to

timely pay the fine, an offender shall be sentenced to

undergo a term of imprisonment of up to 12 days.

Section 5.  Section 8915.6(a) of Title 75 is amended to read:

§ 8915.6.  Deposit and distribution of funds.

(a)  Deposits.--Upon receipt by the department, the following

amounts from the scheduled annual commission contribution shall

be deposited in the Motor License Fund:

(1)  For fiscal year 2007-2008, $450,000,000.

(2)  For fiscal year 2008-2009, $500,000,000.

(3)  For fiscal year 2009-2010, $500,000,000.

(4)  [For fiscal year 2010-2011] For the fiscal year

after the successful conversion under section 8915.1

(relating to conversion of Interstate 80), $500,000,000, and

for each fiscal year thereafter, the amount calculated for

the previous year increased by 2.5%.

* * *

Section 6.  Section 9502(a) of Title 75 is amended by adding

a paragraph to read:

§ 9502.  Imposition of tax.

(a)  General rule.--

* * *

(5)  (i)  For fiscal year 2010-2011, an additional 124

mills is hereby imposed upon all fuels as defined and

provided in Chapter 90, and such tax shall also be

collected as provided in section 9004(b).

(ii)  The Department of Revenue shall determine and

publish in the Pennsylvania Bulletin the average

wholesale price to be applied to fiscal year 2010-2011 or

portion of the fiscal year thereof.

(iii)  The amount of the tax imposed under this

paragraph shall increase annually by 2.5%, rounded up to

the nearest tenth of a mill, as determined by the

Department of Revenue, by July 1 of each year. The

Department of Revenue shall publish a notice in the

Pennsylvania Bulletin at least five weeks prior to July 1

of each year giving notice of the revised tax.

(iv)  The proceeds of the tax imposed under this

paragraph shall be distributed as follows:

(A)  For fiscal year 2010-2011, $512,500,000

shall be deposited in the Motor License Fund and

distributed under section 8915.6 (relating to deposit

and distribution of funds). For each subsequent

fiscal year, the amount deposited and distributed

under section 8915.6 shall increase by 2.5% over the

amount deposited and distributed in the previous

fiscal year.

(B)  The remaining proceeds shall be deposited in

the Motor License Fund as unrestricted revenue.

* * *

Section 7.  If, prior to the effective date of this section,

the Pennsylvania Turnpike Commission has made any payment to the

Department of Transportation for fiscal year 2010-2011 pursuant

to the lease agreement executed between the Pennsylvania

Turnpike Commission and the Department of Transportation under

75 Pa.C.S. § 8915.3 and any portion of the payment was deposited

into the Motor License Fund, then the State Treasurer shall

refund from the Motor License Fund to the Pennsylvania Turnpike

Commission an amount equal to that portion of the payment. The

Pennsylvania Turnpike Commission shall use the refund to satisfy

its obligations for the full dollar amount specified under 74

Pa.C.S. § 1506(e)(2)(i)(D) for fiscal year 2010-2011.

Section 8.  This act shall take effect as follows:

(1)  The amendment of 74 Pa.C.S. § 1506(e) and 75 Pa.C.S.

§§ 8915.6(a)(4) and 9502(a)(5)(ii) shall take effect

immediately.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.