Pennsylvania § 7706 - Restricted accounts.

§ 7706. Restricted accounts.

(a) Deposit and use of moneys.--

(1) The ATV Management Restricted Account and the Snowmobile Management Restricted Account are established in the State Treasury. The department shall deposit the following into the appropriate restricted account:

(i) all moneys received from the registration of and issuance of certificates of title for snowmobiles and ATV's and from the issuance of vintage snowmobile permits;

(ii) all revenue from the sale of any publications or services relating to snowmobiles and ATV's;

(iii) all fines, penalties, fees and costs assessed and collected as a result of enforcement activities conducted by the department's law enforcement personnel under this chapter related to violations attributed to ATV's shall be deposited in the ATV Management Restricted Account;

(iv) all fines, penalties, fees and costs assessed and collected as a result of enforcement activities conducted by the department's law enforcement personnel under this chapter related to violations attributed to snowmobiles shall be deposited in the Snowmobile Management Restricted Account; and

(v) all refunds of gas taxes generated under section 9017(d.1) (relating to refunds) shall be deposited in the two restricted accounts on a proportional basis of the activity that generated those taxes.

(2) The department shall draw moneys from the respective restricted accounts for use in performing any activities necessary to carry out the purposes of this chapter, including registration and certificate of title activities, training, education, enforcement activities, construction and maintenance of snowmobile and ATV trails and acquisition of equipment, supplies and interests in land. All moneys deposited in these accounts shall remain in them to be used as specified in this section. With the exception of trails used by both snowmobiles and ATV's, under no circumstances shall the department expend any moneys from the accounts except for the activity that generated those accounts.

(3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating to municipal corporation portion of fines, etc.) notwithstanding, when prosecution under this chapter is the result of local police action, all fines, penalties, fees and costs assessed as a result of such prosecution shall be payable to the municipal corporation under which the local police are organized.

(b) Grant-in-aid.--The department shall, upon written application and subsequent approval, grant money from the restricted accounts:

(1) To municipalities, profit and nonprofit organizations in connection with snowmobile and ATV use on lands not owned by the Commonwealth for the following:

(i) Plans, specifications and engineering surveys.

(ii) Fees and costs related to the preparation or performance of right-of-way lease agreements.

(iii) Land acquisition.

(iv) Construction, maintenance and rehabilitation of trails and other facilities for snowmobiles and ATV's.

(2) To municipalities and profit and nonprofit organizations for equipment, training and education activities relating to snowmobile and ATV use.

(3) To profit and nonprofit organizations for the maintenance, rehabilitation and construction of snowmobile and ATV trails on land owned by the Commonwealth.

(b.1) Regulations.--No later than 60 days from the effective date of this subsection, the department shall promulgate regulations necessary to implement the provisions of subsection (b). The department shall promulgate the regulations in a manner that is separate from regulations pertaining to any other grant program administered by the department. The department's regulations shall include a semiannual approval grant process.

(c) Audit of moneys.--The restricted accounts shall be audited every two years. Copies of the audit shall be provided to the Snowmobile and ATV Advisory Committee, the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives. Copies shall also be posted and maintained on the department's publicly accessible Internet website.

(d) Annual report.--An annual report on income and expenditures from the restricted accounts shall be posted and maintained on the department's publicly accessible Internet website and provided to the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives.

(e) Definition.--For purposes of this section, "all-terrain vehicle" or "ATV" shall also include any self-propelled vehicle which is manufactured for sale or operation primarily on off-highway trails or off-highway competition and only incidentally operated on public highways. This term shall not include a snowmobile or other self-propelled vehicles manufactured for off-highway use exclusively designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats which utilize an endless belt tread.

(June 29, 1979, P.L.56, No.24, eff. July 1, 1979; July 11, 1985, P.L.220, No.56, eff. 60 days; Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; July 10, 1990, P.L.356, No.83, eff. 60 days; Aug. 5, 1991, P.L.238, No.26, eff. imd.; June 25, 2001, P.L.701, No.68, eff. 120 days; July 5, 2012, P.L.1000, No.113, eff. 120 days; July 20, 2016, P.L.837, No.97, eff. 60 days)

2016 Amendment. See section 3 of Act 97 of 2016 in the appendix to this title for special provisions relating to use of accounts.

Cross References. Section 7706 is referred to in section 9017 of this title.