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                                                      PRINTER'S NO. 4481

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2811 Session of 2008


        INTRODUCED BY CRUZ, YOUNGBLOOD, SWANGER, KORTZ, READSHAW,
           KIRKLAND AND SIPTROTH, OCTOBER 3, 2008

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 2008

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, in miscellaneous offenses, providing
     3     for the offense of wireless communications device use while
     4     dispensing liquid fuel.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 7518.  Wireless communications device use while dispensing
    10             liquid fuel.
    11     (a)  Offense defined.--A person commits a summary offense if
    12  the person uses a wireless communications device while
    13  dispensing liquid fuel at a dealer.
    14     (b)  Public notice.--A dealer shall post signs informing
    15  customers of the provisions of this section in such a manner as
    16  prescribed by regulation of the State Fire Commissioner.
    17     (c)  Duties of State Fire Commissioner.--The State Fire
    18  Commissioner shall:


     1         (1)  Develop a uniform sign to notify persons who
     2     purchase at retail liquid fuel from dealers of the provisions
     3     of this section.
     4         (2)  Promulgate regulations that prescribe the manner in
     5     which the sign shall be posted by dealers under subsection
     6     (b) and that establish a civil penalty for violation of
     7     subsection (b).
     8         (3)  Enforce the provisions of subsection (b).
     9     (d)  Definitions.--The following words and phrases when used
    10  in this section shall have the meanings given to them in this
    11  subsection unless the context clearly indicates otherwise:
    12     "Dealer."  The term shall have the same meaning given to it
    13  under 75 Pa.C.S. § 9002 (relating to definitions).
    14     "Liquid fuel."  The term shall have the same meaning given to
    15  it under 75 Pa.C.S. § 9002 (relating to definitions).
    16     "Wireless communications device."  Any wireless electronic
    17  communications device that provides for voice or data
    18  communication between two or more parties, including, but not
    19  limited to, a mobile or cellular telephone, a text messaging
    20  device or a personal digital assistant that sends or receives
    21  messages.
    22     Section 2.  This act shall take effect in 60 days.






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