Bill Text: PA HB1680 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for applicability and uniformity of law and for disposition and use of liquid fuels and fuels tax.

Spectrum: Slight Partisan Bill (Republican 20-7)

Status: (Introduced - Dead) 2009-06-12 - Referred to TRANSPORTATION [HB1680 Detail]

Download: Pennsylvania-2009-HB1680-Introduced.html

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PRINTER'S NO. 2121
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1680 Session of2009
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
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 12, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for applicability and uniformity
of law and for disposition and use of liquid fuels and fuels
tax.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6101 of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6101. Applicability and uniformity of title.
(a) Requirement.--The provisions of this title shall be
applicable and uniform throughout this Commonwealth and in all
political subdivisions in this Commonwealth, and no local
authority shall enact or enforce any ordinance on a matter
covered by the provisions of this title unless expressly
authorized.
(b) Sanctions.--When a court of competent jurisdiction
determines that an ordinance adopted by a local authority is in
violation of subsection (a), the local authority is subject to
the following sanctions until the local authority repeals or
substantially amends the ordinance to remove the language that
was found to be in violation of subsection (a):
(1) Suspension of capital expenditures for bridges and
highways.
(2) Suspension of allocation under the act of June 1,
1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels
Tax Municipal Allocation Law.
(3) Suspension of allocation and apportionment under
section 9010(c.1) (relating to disposition and use of tax).
(c) Suspended funds.--Upon notification that the local
authority has repealed or substantially amended the ordinance to
remove the language that was found to be in violation of
subsection (a), the department shall immediately end all
sanctions against the local authority and return all suspended
funds to the local authority.
Section 2. Section 9010(c) introductory paragraph of Title
75 is amended and the section is amended by adding subsections
to read:
§ 9010. Disposition and use of tax.
* * *
(c) Allocation of money.--[The] Except as set forth in
subsection (c.1), the county commissioners may allocate and
apportion money from the County Liquid Fuels Tax Fund to the
political subdivisions within the county in the ratio as
provided in this subsection. When the unencumbered balance in
the County Liquid Fuels Tax Fund is greater than the receipts
for the 12 months immediately preceding the date of either of
the reports, the county commissioners shall notify the political
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subdivisions to make application within 90 days for
participation in the redistribution of the unencumbered balance.
Redistribution shall be effected within 120 days of the date of
either of the reports. The county commissioners may distribute
the unencumbered balance in excess of 50% of the receipts for
the previous 12 months to the political subdivisions making
application in the following manner:
* * *
(c.1) Forfeiture.--All money allocated under subsection (c)
to a political subdivision which, under section 6109(a)
(relating to specific powers of department and local
authorities), violates section 6101(a) (relating to
applicability and uniformity of title) shall be withheld by the
county during the period of time in which the municipality is in
violation of section 6101(a).
(c.2) Release funds.--Upon notification that the local
authority has repealed or substantially amended the ordinance to
remove the language that was found to be in violation of section
6101(a), the county shall release those funds withheld by the
county and due the local agency.
* * *
Section 3. This act shall take effect as follows:
(1) The amendment or addition of 75 Pa.C.S. § 9010(c)
and (c.1) shall take effect January 1, 2010.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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