Regular Session 2021-2022 House Bill 1486 P.N. 3604

SENATE AMENDED

PRIOR PRINTER'S NOS. 1602, 1713, 3130,

3315

PRINTER'S NO. 3604

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1486

Session of

2021

INTRODUCED BY O'NEAL, RYAN, HENNESSEY, PICKETT, KAUFFMAN,

POLINCHOCK, HEFFLEY, McNEILL, R. BROWN, LEWIS, THOMAS,

FREEMAN, SAINATO, STAATS, OWLETT, SCHLEGEL CULVER,

PENNYCUICK, KULIK, T. DAVIS, HAMM, WEBSTER, SCHMITT, MILLARD,

MOUL, DRISCOLL, NEILSON, ROWE, ROZZI, CIRESI, O'MARA, GILLEN

AND DELLOSO, MAY 25, 2021

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 25, 2022

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in registration of vehicles, providing for Blue

Star Family plate.

AMENDING TITLES 74 (TRANSPORTATION) AND 75 (VEHICLES) OF THE

PENNSYLVANIA CONSOLIDATED STATUTES, IN TURNPIKE, FURTHER

PROVIDING FOR DEFINITIONS, FOR ELECTRONIC TOLL COLLECTION AND

FOR ANNUAL HEARING; IN REGISTRATION OF VEHICLES, PROVIDING

FOR CONTRIBUTIONS FOR THE PREVENTION OF CHILD ABUSE AND

NEGLECT, FURTHER PROVIDING FOR DISPLAY OF REGISTRATION PLATE,

PROVIDING FOR POLLINATOR CONSERVATION REGISTRATION PLATE, FOR

AFGHANISTAN AND IRAQ VETERANS PLATE AND FOR BLUE STAR FAMILY

PLATE AND FURTHER PROVIDING FOR SUSPENSION OF REGISTRATION

UPON UNPAID TOLLS; IN FEES, FURTHER PROVIDING FOR PAYMENTS TO

SPECIAL FUNDS AND ESTABLISHING THE POLLINATOR HABITAT PROGRAM

FUND; AND, IN POWERS OF DEPARTMENT AND LOCAL AUTHORITIES,

FURTHER PROVIDING FOR PROVISIONS RELATING TO FARE EVASION.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 75 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

SECTION 1. THE DEFINITIONS OF "ELECTRONIC TOLL COLLECTION"

AND "VIOLATION ENFORCEMENT SYSTEM" IN SECTION 8102 OF TITLE 74

<--

OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE

SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:

§ 8102. 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:

* * *

"ELECTRONIC TOLL COLLECTION." A SYSTEM OF COLLECTING TOLLS

OR CHARGES THAT IS CAPABLE OF CHARGING AN ACCOUNT HOLDER OR A

REGISTERED VEHICLE OWNER FOR THE PRESCRIBED TOLL [BY ELECTRONIC

TRANSMISSION OF INFORMATION BETWEEN A DEVICE ON A VEHICLE AND A

DEVICE IN A TOLL LANE AT A TOLL COLLECTION FACILITY.] BASED ON

THE AUTOMATIC IDENTIFICATION AND CLASSIFICATION OF VEHICLES

USING ELECTRONIC SYSTEMS. THE TERM INCLUDES A SYSTEM OF OPEN

ROAD TOLLS, VIDEO TOLLS OR OTHER SIMILAR STRUCTURAL OR

TECHNOLOGICAL ENHANCEMENTS PERTAINING TO TOLLS.

"ELECTRONIC TOLL COLLECTION DEVICE." A PIECE OF MECHANICAL

OR ELECTRICAL EQUIPMENT USED FOR ELECTRONIC TOLL COLLECTION.

"FLAT VIDEO TOLL." A TOLL RATE THAT DOES NOT VARY BASED ON A

VIDEO IMAGE WHICH IS CHARGED TO AN ACCOUNT WHEN THE COMMISSION

IS ABLE TO MATCH A LICENSE PLATE IMAGE TO AN ACCOUNT IN GOOD

STANDING.

* * *

"TOLL COLLECTION SYSTEM." A VEHICLE SENSOR, PLACED IN A

LOCATION TO WORK IN CONJUNCTION WITH A TOLL COLLECTION FACILITY,

WHICH AUTOMATICALLY PRODUCES A VIDEOTAPE OR PHOTOGRAPH,

MICROPHOTOGRAPH OR OTHER RECORDED IMAGE OF A VEHICLE, AT THE

TIME THE VEHICLE TRAVELS THROUGH A TOLLING POINT. THE TERM

INCLUDES ANY OTHER TECHNOLOGY WHICH IDENTIFIES A VEHICLE BY

PHOTOGRAPHIC, MECHANICAL, ELECTRONIC OR OTHER METHOD.

20210HB1486PN3604 - 2 -

* * *

"VIDEO TOLL." A TOLL BASED ON A VEHICLE'S LICENSE PLATE

IMAGE WHEN A VALID ELECTRONIC TOLL COLLECTION DEVICE IS NOT READ

AS THE VEHICLE TRAVELS THROUGH A TOLLING POINT.

["VIOLATION ENFORCEMENT SYSTEM." A VEHICLE SENSOR, PLACED IN

A LOCATION TO WORK IN CONJUNCTION WITH A TOLL COLLECTION

FACILITY, WHICH AUTOMATICALLY PRODUCES A VIDEOTAPE OR

PHOTOGRAPH, MICROPHOTOGRAPH OR OTHER RECORDED IMAGE OF THE REAR

PORTION OF EACH VEHICLE AT THE TIME THE VEHICLE IS USED OR

OPERATED IN VIOLATION OF THE TOLL COLLECTION REGULATIONS. THE

TERM INCLUDES ANY OTHER TECHNOLOGY WHICH IDENTIFIES A VEHICLE BY

PHOTOGRAPHIC, ELECTRONIC OR OTHER METHOD.]

SECTION 2. SECTION 8117(A), (B) AND (D) OF TITLE 74 ARE

AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO

READ:

§ 8117. ELECTRONIC TOLL COLLECTION.

(A) LIABILITY OF OWNER.--

(1) IF AN OPERATOR OF A VEHICLE FAILS TO PAY THE

PRESCRIBED TOLL AT ANY LOCATION WHERE TOLLS ARE COLLECTED BY

MEANS OF ELECTRONIC TOLL COLLECTION, THE OWNER OF THE VEHICLE

SHALL BE LIABLE TO THE COMMISSION FOR FAILURE OF THE OPERATOR

OF THE VEHICLE TO COMPLY WITH THIS SECTION IF THE VIOLATION

IS EVIDENCED BY INFORMATION OBTAINED FROM A [VIOLATION

ENFORCEMENT] TOLL COLLECTION SYSTEM.

(2) [IF A VIOLATION OF THIS SECTION IS COMMITTED, THE]

THE REGISTRATION PLATE NUMBER OF THE VEHICLE AS RECORDED BY A

[VIOLATION ENFORCEMENT] TOLL COLLECTION SYSTEM SHALL

ESTABLISH AN INFERENCE THAT THE OWNER OF THE VEHICLE WAS THEN

OPERATING THE VEHICLE. THE INFERENCE SHALL BE OVERCOME IF THE

OWNER [DOES ALL OF] PROVIDES A WRITTEN STATEMENT INDICATING

20210HB1486PN3604 - 3 -

THE FOLLOWING:

(I) [TESTIFIES THAT] THAT THE OWNER WAS NOT

OPERATING THE VEHICLE AT THE TIME OF [THE VIOLATION.

(II) SUBMITS TO AN EXAMINATION AS TO WHO AT THE TIME

WAS OPERATING THE VEHICLE.

(III) REVEALS THE NAME AND RESIDENCE ADDRESS, IF

KNOWN,] TRAVEL; AND

(IV) THE NAME AND RESIDENCE ADDRESS OF THE OPERATOR

OF THE VEHICLE AT THE TIME OF TRAVEL.

(3) [IF AN ACTION OR PROCEEDING IS COMMENCED IN A COUNTY

OTHER THAN THAT OF THE RESIDENCE OF THE OWNER, A VERIFIED

WRITTEN STATEMENT SETTING FORTH THE FACTS PRESCRIBED UNDER

PARAGRAPH (2)(I), (II) AND (III) SHALL SUFFICE TO OVERCOME

THE INFERENCE.] FAILURE TO SEND THE REQUIRED INFORMATION

WITHIN 30 DAYS OF THE ORIGINAL INVOICE DATE SHALL RESULT IN

THE OWNER BEING LIABLE FOR THE TOTAL AMOUNT DUE.

(4) IF THE INFERENCE IS OVERCOME, THE OPERATOR OF THE

VEHICLE AT THE TIME OF TRAVEL MAY BE HELD LIABLE UNDER THIS

SECTION FOR FAILURE TO PAY THE PRESCRIBED TOLL IN THE SAME

MANNER AS IF THE OPERATOR WERE THE OWNER OF THE VEHICLE.

(B) IMPOSITION OF LIABILITY.--LIABILITY UNDER THIS SECTION

SHALL BE IMPOSED UPON AN OWNER FOR [A VIOLATION OF] FAILURE TO

PAY THE PRESCRIBED TOLL CHARGES ASSESSED UNDER THIS SECTION OR

THE REGULATIONS OF THE COMMISSION OCCURRING WITHIN THE

TERRITORIAL LIMITS OF THIS COMMONWEALTH. [IF A VIOLATION IS

COMMITTED AS EVIDENCED BY A VIOLATION ENFORCEMENT] BASED ON

EVIDENCE OBTAINED BY A TOLL COLLECTION SYSTEM, THE FOLLOWING

SHALL APPLY:

(1) THE COMMISSION OR AN AUTHORIZED AGENT OR EMPLOYEE

MUST PREPARE AND MAIL [A NOTICE OF VIOLATION] AN INVOICE

20210HB1486PN3604 - 4 -

ASSESSING THE TOLL CHARGES INCURRED AS FOLLOWS:

(I) THE [NOTICE OF VIOLATION] INVOICE MUST BE SENT

BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE

AS AN OWNER [FOR A VIOLATION OF THIS SECTION].

(II) THE [NOTICE] INVOICE MUST BE MAILED AT THE

ADDRESS SHOWN ON THE VEHICLE REGISTRATION OR AT THE

ADDRESS OF THE OPERATOR, AS APPLICABLE. [NOTICE] THE

INVOICE MUST BE MAILED NO LATER THAN 60 DAYS AFTER:

(A) THE [ALLEGED CONDUCT] DATE OF TRAVEL; OR

(B) THE DATE THE INFERENCE IS OVERCOME UNDER

SUBSECTION (A)(2).

(III) PERSONAL SERVICE IS NOT REQUIRED.

(IV) THE [NOTICE] INVOICE MUST CONTAIN ALL OF THE

FOLLOWING:

(A) INFORMATION ADVISING THE PERSON CHARGED OF

THE MANNER AND TIME IN WHICH THE [LIABILITY ALLEGED]

TOLL CHARGES IN THE [NOTICE] INVOICE MAY BE

CONTESTED.

(B) A WARNING ADVISING THE PERSON CHARGED THAT

FAILURE TO CONTEST THE INVOICE IN THE MANNER AND TIME

PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABILITY

[AND THAT A DEFAULT JUDGMENT MAY BE ENTERED ON THE

NOTICE] FOR THE TOTAL AMOUNT DUE.

(1.1) A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED

IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE

EVIDENCE OF THE MAILING OF [NOTICE] THE INVOICE.

(1.2) IF MAIL, OTHER THAN UNCLAIMED MAIL, IS RETURNED

UNDELIVERED, THE COMMISSION MAY OBTAIN ADDRESS INFORMATION

FROM SOURCES, SUCH AS THE UNITED STATES POSTAL SERVICE, DEBT

COLLECTION SERVICES, REVIEWS OF TELEPHONE DIRECTORIES OR

20210HB1486PN3604 - 5 -

RELATED SKIP-TRACING PRACTICES, TO LOCATE AN ALTERNATIVE

ADDRESS FOR THE VEHICLE OWNER OR THE ADDRESS OF THE OPERATOR,

AS APPLICABLE.

(2) IF AN OWNER OF A VEHICLE OR AN OWNER THAT IS A

LESSOR OF A VEHICLE RECEIVES [A NOTICE OF VIOLATION] AN

INVOICE UNDER THIS SECTION FOR ANY TIME PERIOD DURING WHICH

THE VEHICLE WAS REPORTED TO A POLICE DEPARTMENT AS HAVING

BEEN STOLEN, IT SHALL BE A DEFENSE TO THE ALLEGATION OF

LIABILITY THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS

HAVING BEEN STOLEN PRIOR TO THE TIME THE [VIOLATION] TRAVEL

OCCURRED AND THAT THE VEHICLE HAD NOT BEEN RECOVERED BY THE

TIME OF THE [VIOLATION] TRAVEL. FOR PURPOSES OF ASSERTING THE

DEFENSE UNDER THIS PARAGRAPH, IT SHALL BE SUFFICIENT THAT A

CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE

SENT BY FIRST CLASS MAIL TO THE COMMISSION WITHIN 30 DAYS

AFTER RECEIVING THE ORIGINAL [NOTICE OF VIOLATION] INVOICE.

FAILURE TO SEND THE INFORMATION WITHIN THE TIME LIMIT UNDER

THIS PARAGRAPH SHALL RENDER THE OWNER OR LESSOR LIABLE FOR

THE [PENALTY] TOLLS AND FEES ASSESSED IN THE INVOICE AS

PRESCRIBED BY THIS SECTION.

(3) AN OWNER THAT IS A LESSOR OF A VEHICLE AS TO WHICH

[A NOTICE OF VIOLATION] AN INVOICE WAS ISSUED UNDER PARAGRAPH

(1) SHALL NOT BE LIABLE FOR [A VIOLATION] TOLLS ASSESSED IN

THE INVOICE IF THE OWNER SENDS TO THE COMMISSION A COPY OF

THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT COVERING THE

VEHICLE ON THE DATE OF [THE VIOLATION] TRAVEL, WITH THE NAME

AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE TO THE COMMISSION,

WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL [NOTICE OF

VIOLATION] INVOICE. FAILURE TO SEND THE INFORMATION WITHIN

THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE LESSOR

20210HB1486PN3604 - 6 -

LIABLE FOR THE [PENALTY] TOLLS AND FEES ASSESSED IN THE

INVOICE AS PRESCRIBED BY THIS SECTION. IF THE LESSOR COMPLIES

WITH THE PROVISIONS OF THIS SECTION, THE LESSEE OF THE

VEHICLE ON THE DATE OF [THE VIOLATION] TRAVEL SHALL BE DEEMED

TO BE THE OWNER OF THE VEHICLE FOR PURPOSES OF THIS SECTION

AND SHALL BE SUBJECT TO LIABILITY FOR THE [PENALTY] TOLLS AND

FEES ASSESSED IN THE INVOICE UNDER THIS SECTION.

(4) A CERTIFIED REPORT OR A FACSIMILE REPORT OF AN

AUTHORIZED AGENT OR EMPLOYEE OF THE COMMISSION REPORTING A

VIOLATION OF THIS SECTION OR REGULATIONS OF THE COMMISSION

BASED UPON THE RECORDED INFORMATION OBTAINED FROM A

[VIOLATION ENFORCEMENT] TOLL COLLECTION SYSTEM SHALL BE PRIMA

FACIE EVIDENCE OF THE FACTS CONTAINED IN THE REPORT AND SHALL

BE ADMISSIBLE AS AN OFFICIAL RECORD KEPT IN THE ORDINARY

COURSE OF BUSINESS IN ANY PROCEEDING CHARGING A VIOLATION OF

THIS SECTION OR THE TOLL COLLECTION REGULATIONS OF THE

COMMISSION.

(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

VIDEOTAPES, PHOTOGRAPHS, MICROPHOTOGRAPHS, OTHER RECORDED

IMAGES, WRITTEN RECORDS, REPORTS OR FACSIMILES PREPARED

PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF

THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES AND LAW

ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING DUTIES

UNDER THIS SECTION AND THE REGULATIONS OF THE COMMISSION. THE

INFORMATION SHALL NOT BE DEEMED A PUBLIC RECORD UNDER THE ACT

OF [JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE

RIGHT-TO-KNOW LAW] FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS

THE RIGHT-TO-KNOW LAW. THE INFORMATION SHALL NOT BE

DISCOVERABLE BY COURT ORDER OR OTHERWISE; NOR SHALL IT BE

OFFERED IN EVIDENCE IN ANY ACTION OR PROCEEDING WHICH IS NOT

20210HB1486PN3604 - 7 -

DIRECTLY RELATED TO A VIOLATION OF THIS SECTION, THE

REGULATIONS OF THE COMMISSION OR INDEMNIFICATION FOR

LIABILITY IMPOSED PURSUANT TO THIS SECTION. THE RESTRICTIONS

SET FORTH IN THIS PARAGRAPH:

(I) SHALL NOT BE DEEMED TO PRECLUDE A COURT OF

COMPETENT JURISDICTION FROM ISSUING AN ORDER DIRECTING

THAT THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT

OFFICIALS IF THE INFORMATION IS REASONABLY DESCRIBED AND

IS REQUESTED SOLELY IN CONNECTION WITH A CRIMINAL LAW

ENFORCEMENT ACTION;

(II) SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF

THE INFORMATION BETWEEN ANY ENTITIES WITH JURISDICTION

OVER OR WHICH OPERATE [AN ELECTRONIC] A TOLL COLLECTION

SYSTEM IN THIS COMMONWEALTH OR ANY OTHER JURISDICTION;

AND

(III) SHALL NOT BE DEEMED TO PROHIBIT THE USE OF

INFORMATION EXCLUSIVELY FOR THE PURPOSE OF BILLING

ELECTRONIC TOLL COLLECTION [ACCOUNT HOLDERS] ACCOUNTS,

DEDUCTING TOLL CHARGES FROM [THE ACCOUNT OF AN ACCOUNT

HOLDER] ACCOUNTS, ENFORCING TOLL COLLECTION LAWS AND

RELATED REGULATIONS OR ENFORCING THE PROVISIONS OF [AN

ACCOUNT HOLDER AGREEMENT] ACCOUNTS.

(6) AN IMPOSITION OF LIABILITY UNDER THIS SECTION MUST

BE BASED UPON A PREPONDERANCE OF EVIDENCE.

(7) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION

SHALL NOT BE DEEMED A CONVICTION OF AN OWNER AND SHALL NOT BE

MADE PART OF THE MOTOR VEHICLE OPERATING RECORD OF THE PERSON

UPON WHOM THE LIABILITY IS IMPOSED, NOR SHALL IT BE

CONSIDERED IN THE PROVISION OF MOTOR VEHICLE INSURANCE

COVERAGE.

20210HB1486PN3604 - 8 -

(8) AN OWNER THAT ADMITS, IS FOUND LIABLE OR FAILS TO

[RESPOND TO THE NOTICE OF VIOLATION FOR] PAY THE INVOICE

RESULTING IN A VIOLATION OF THIS SECTION SHALL BE CIVILLY

LIABLE TO THE COMMISSION FOR ALL OF THE FOLLOWING:

(I) EITHER:

(A) THE AMOUNT OF THE TOLL EVADED OR ATTEMPTED

TO BE EVADED IF THE AMOUNT CAN BE DETERMINED; OR

(B) THE MAXIMUM TOLL FROM THE FARTHEST POINT OF

ENTRY ON THE PENNSYLVANIA TURNPIKE TO THE ACTUAL

POINT OF EXIT IF THE AMOUNT OF THE TOLL EVADED OR

ATTEMPTED TO BE EVADED CANNOT BE DETERMINED.

(II) A REASONABLE ADMINISTRATIVE FEE NOT TO EXCEED

$35 PER NOTIFICATION.

(9) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT

THE LIABILITY OF THE OPERATOR OF A VEHICLE FOR A VIOLATION OF

THIS SECTION OR OF THE REGULATIONS OF THE COMMISSION.

* * *

(D) PRIVACY OF ELECTRONIC TOLL COLLECTION [ACCOUNT HOLDER]

INFORMATION.--

(1) EXCEPT AS SET FORTH UNDER PARAGRAPH (2),

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL OF THE

FOLLOWING APPLY TO INFORMATION KEPT BY THE COMMISSION, ITS

AUTHORIZED AGENTS OR ITS EMPLOYEES WHICH IS RELATED TO [THE]

AN ACCOUNT [OF AN] FOR ELECTRONIC TOLL COLLECTION [SYSTEM

ACCOUNT HOLDER] AND ANY INFORMATION COLLECTED BY A TOLL

COLLECTION SYSTEM:

(I) THE INFORMATION SHALL BE FOR THE EXCLUSIVE USE

OF THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES

AND LAW ENFORCEMENT OFFICIALS FOR THE PURPOSE OF

DISCHARGING THEIR DUTIES PURSUANT TO THIS SECTION AND THE

20210HB1486PN3604 - 9 -

REGULATIONS OF THE COMMISSION. THIS SUBPARAGRAPH INCLUDES

NAMES, ADDRESSES, ACCOUNT NUMBERS, ACCOUNT BALANCES,

PERSONAL FINANCIAL INFORMATION, VEHICLE MOVEMENT RECORDS

AND OTHER INFORMATION COMPILED [FROM TRANSACTIONS WITH

THE ACCOUNT HOLDERS] BY A TOLL COLLECTION SYSTEM.

(II) THE INFORMATION SHALL NOT BE DEEMED A PUBLIC

RECORD UNDER THE RIGHT-TO-KNOW LAW, NOR SHALL IT BE

DISCOVERABLE BY COURT ORDER OR OTHERWISE OR BE OFFERED IN

EVIDENCE IN ANY ACTION OR PROCEEDING WHICH IS NOT

DIRECTLY RELATED TO THE DISCHARGE OF DUTIES UNDER THIS

SECTION, THE REGULATIONS OF THE COMMISSION OR A VIOLATION

OF THE TERMS IN AN ACCOUNT [HOLDER AGREEMENT].

(2) PARAGRAPH (1) SHALL NOT BE DEEMED TO DO ANY OF THE

FOLLOWING:

(I) PRECLUDE A COURT OF COMPETENT JURISDICTION FROM

ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE

PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION

IS REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN

CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION.

(II) PRECLUDE THE EXCHANGE OF THE INFORMATION

BETWEEN ANY ENTITIES WITH JURISDICTION OVER OR WHICH

OPERATE [AN ELECTRONIC] A TOLL COLLECTION SYSTEM IN THIS

COMMONWEALTH OR ANY OTHER JURISDICTION.

(III) PROHIBIT THE USE OF THE INFORMATION

EXCLUSIVELY FOR THE PURPOSE OF BILLING ELECTRONIC TOLL

COLLECTION [ACCOUNT HOLDERS] ACCOUNTS, DEDUCTING TOLL

CHARGES FROM [THE] AN ACCOUNT [OF AN ACCOUNT HOLDER],

ENFORCING TOLL COLLECTION LAWS AND RELATED REGULATIONS OR

ENFORCING THE PROVISIONS OF AN ACCOUNT [HOLDER

AGREEMENT].

20210HB1486PN3604 - 10 -

(D.1) NOTICE FOR POSTING VIDEO TOLL OR FLAT VIDEO TOLL TO

CUSTOMER ACCOUNT.--

(1) THE COMMISSION SHALL INDICATE ON AN ACCOUNT

STATEMENT IF A VIDEO TOLL HAS BEEN POSTED TO THE CUSTOMER'S

ACCOUNT, INCLUDING THE DATE AND THE DOLLAR AMOUNT OF THE

VIDEO TOLL.

(2) THE COMMISSION SHALL POST NOTICE ON ITS PUBLICLY

ACCESSIBLE INTERNET WEBSITE INDICATING AN ACCOUNT MAY BE

CHARGED A FLAT VIDEO TOLL IF THE COMMISSION IS UNABLE TO

MATCH A LICENSE PLATE IMAGE.

(3) THE COMMISSION SHALL NOTIFY THE ACCOUNT UPON THE

POSTING OF THE FIRST FLAT VIDEO TOLL TO THE ACCOUNT IN A

CALENDAR YEAR IN ACCORDANCE WITH THE PREFERENCES INDICATED IN

THE ACCOUNT. THE NOTIFICATION SHALL INCLUDE:

(I) INFORMATION ON PROPER PLACEMENT OF THE

ELECTRONIC TOLL COLLECTION DEVICE.

(II) INFORMATION REGARDING REPLACEMENT OF THE

ELECTRONIC TOLL COLLECTION DEVICE.

(III) NOTICE THAT FAILURE TO RESPOND MAY RESULT IN

ADDITIONAL FLAT VIDEO TOLLS AND ADMINISTRATIVE FEES

POSTED TO THE ACCOUNT.

(IV) OTHER INFORMATION AS DETERMINED BY THE

COMMISSION.

(4) THE COMMISSION SHALL PROVIDE FOR AN APPEAL PROCESS.

* * *

SECTION 3. SECTION 8121 OF TITLE 74 IS AMENDED TO READ:

§ 8121. ANNUAL HEARING AND REPORTS.

(A) DUTY TO TESTIFY.--UPON REQUEST, AT LEAST ONE COMMISSION

MEMBER SHALL TESTIFY AT A PUBLIC HEARING BEFORE THE

APPROPRIATIONS COMMITTEE OF THE SENATE AND THE APPROPRIATIONS

20210HB1486PN3604 - 11 -

COMMITTEE OF THE HOUSE OF REPRESENTATIVES EACH YEAR TO PRESENT

INFORMATION ON TURNPIKE OPERATIONS AND COORDINATION WITH OTHER

STATE AGENCIES.

(B) DUTY TO REPORT.--

(1) NO LATER THAN OCTOBER 1, 2022, AND EACH OCTOBER 1

THEREAFTER, THE COMMISSION SHALL SUBMIT A REPORT TO THE

GENERAL ASSEMBLY SUMMARIZING TOLL REVENUES THAT ARE COLLECTED

AND UNCOLLECTED, AND PROJECTED TO BE COLLECTED AND

UNCOLLECTED, INCLUDING THE REASONS THAT THE TOLL REVENUES ARE

UNCOLLECTED, DURING THE PRIOR FISCAL YEAR.

(2) THE REPORT SHALL BE SUBMITTED TO THE FOLLOWING:

(I) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

TRANSPORTATION COMMITTEE OF THE SENATE.

(II) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(3) THE REPORT SHALL INCLUDE THE FOLLOWING INFORMATION:

(I) THE DOLLAR AMOUNT OF TOLL REVENUES COLLECTED AND

PROJECTED TO BE COLLECTED DURING THE PRIOR FISCAL YEAR.

(II) THE DOLLAR AMOUNT AND PERCENTAGE OF TOLL

REVENUES COLLECTED AND PROJECTED TO BE COLLECTED DURING

THE PRIOR FISCAL YEAR BY COLLECTION METHOD.

(III) THE DOLLAR AMOUNT AND PERCENTAGE OF TOLLS

UNCOLLECTED AND PROJECTED TO BE UNCOLLECTED DURING THE

PRIOR FISCAL YEAR.

(IV) A BREAKDOWN OF UNCOLLECTED TOLLS DETAILING THE

REASON FOR FAILURE TO COLLECT, INCLUDING AN UNREADABLE OR

MISSING LICENSE PLATE, AN UNDELIVERABLE ADDRESS OR AN

UNPAID INVOICE.

(1) THE COMMISSION SHALL CONDUCT A FEASIBILITY STUDY TO

20210HB1486PN3604 - 12 -

ASSESS ALTERNATIVE ELECTRONIC TOLL COLLECTION PAYMENT

OPTIONS. THE STUDY SHALL INCLUDE:

(I) A REVIEW OF THIRD-PARTY ORGANIZATIONS THAT

PROCESS ACCOUNTS AND TRANSACTIONS FOR TOLL COLLECTION

THROUGH ELECTRONIC FUNDS TRANSFER.

(II) A REVIEW OF ELECTRONIC PUSH NOTIFICATION ALERTS

WITH THE GOAL OF POSTING A NOTIFICATION WITHIN 24 HOURS

OF THE TRANSACTION POSTING TO A CUSTOMER'S ACCOUNT OR AS

SOON AS PRACTICABLE IF A VALID ACCOUNT IS NOT RECOGNIZED

AT THE TIME OF THE TRANSACTION.

(III) REVIEW OF THE COMMISSION'S EXISTING CUSTOMER

PAYMENT APPLICATION.

(IV) RECOMMENDATIONS FROM THE COMMISSION.

(2) THE STUDY SHALL BE COMPLETED WITHIN ONE YEAR OF THE

EFFECTIVE DATE OF THIS SUBSECTION AND COPIES SHALL BE

SUBMITTED TO THE FOLLOWING:

(I) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

TRANSPORTATION COMMITTEE OF THE SENATE.

(II) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

SECTION 4. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:

§ 1324. CONTRIBUTIONS FOR THE PREVENTION OF CHILD ABUSE AND

NEGLECT.

(A) GENERAL RULE.--WITHIN ONE YEAR OF THE EFFECTIVE DATE OF

THIS SECTION, THE DEPARTMENT SHALL PROVIDE FOR ALL OF THE

FOLLOWING:

(1) ABILITY OF A PERSON RENEWING A DRIVER'S LICENSE OR

IDENTIFICATION CARD ELECTRONICALLY THROUGH THE DEPARTMENT'S

PUBLICLY ACCESSIBLE INTERNET WEBSITE TO MAKE A CONTRIBUTION

OF $5 TO THE CHILDREN'S TRUST FUND.

20210HB1486PN3604 - 13 -

(2) ABILITY OF A PERSON RENEWING A VEHICLE REGISTRATION

ELECTRONICALLY THROUGH THE DEPARTMENT'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE TO MAKE A CONTRIBUTION OF $5 TO THE

CHILDREN'S TRUST FUND.

(B) IMPLEMENTATION.--

(1) A CONTRIBUTION UNDER SUBSECTION (A) SHALL BE ADDED,

AS APPROPRIATE, TO THE REGULAR FEE FOR:

(I) A RENEWAL OF A DRIVER'S LICENSE OR

IDENTIFICATION CARD; AND

(II) A RENEWAL OF A VEHICLE REGISTRATION.

(2) ONE CONTRIBUTION UNDER SUBSECTION (A) MAY BE MADE

FOR:

(I) EACH RENEWAL OF A DRIVER'S LICENSE OR

IDENTIFICATION CARD; AND

(II) EACH RENEWAL OF A VEHICLE REGISTRATION.

USED BY THE CHILDREN'S TRUST FUND BOARD EXCLUSIVELY FOR THE

PREVENTION OF CHILD ABUSE AND NEGLECT.

(D) DEPOSITS.--THE DEPARTMENT SHALL DETERMINE ANNUALLY THE

TOTAL AMOUNT DESIGNATED UNDER THIS SECTION AND SHALL REPORT THE

AMOUNT TO THE STATE TREASURER WHO SHALL TRANSFER THE AMOUNT FROM

THE MOTOR LICENSE FUND TO THE CHILDREN'S TRUST FUND.

(E) INFORMATION.--THE DEPARTMENT SHALL PROVIDE ADEQUATE

INFORMATION CONCERNING THE CONTRIBUTION FOR THE PREVENTION OF

CHILD ABUSE AND NEGLECT IN ITS INSTRUCTIONS FOR THE APPLICANTS

DESCRIBED IN SUBSECTION (A). THE INFORMATION CONCERNING THE

CONTRIBUTION SHALL INCLUDE THE ADDRESS OF THE CHILDREN'S TRUST

FUND TO WHICH CONTRIBUTIONS MAY BE SENT BY INDIVIDUALS WISHING

TO MAKE ADDITIONAL CONTRIBUTIONS.

(F) REPORTING.--THE CHILDREN'S TRUST FUND BOARD SHALL

20210HB1486PN3604 - 14 -

INCLUDE IN ITS ANNUAL REPORT REQUIRED UNDER SECTION 5(6) OF THE

ACT OF DECEMBER 15, 1988 (P.L.1235, NO.151), KNOWN AS THE

CHILDREN'S TRUST FUND ACT, THE AMOUNT RECEIVED FROM THE

CONTRIBUTIONS AUTHORIZED BY THIS SECTION AND HOW THE FUNDS WERE

USED.

(G) REIMBURSEMENT.--THE CHILDREN'S TRUST FUND SHALL

REIMBURSE THE MOTOR LICENSE FUND FOR THE ACTUAL COSTS INCURRED

BY THE DEPARTMENT IN THE ADMINISTRATION OF THIS SECTION.

(H) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"CHILDREN'S TRUST FUND." THE FUND CREATED UNDER SECTION 8 OF

THE CHILDREN'S TRUST FUND ACT.

"CHILDREN'S TRUST FUND BOARD." THE BOARD CREATED UNDER

SECTION 4 OF THE CHILDREN'S TRUST FUND ACT.

SECTION 5. SECTION 1332(B) OF TITLE 75 IS AMENDED AND THE

SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 1332. DISPLAY OF REGISTRATION PLATE.

* * *

(B) OBSCURING PLATE.--IT IS UNLAWFUL TO DISPLAY ON ANY

VEHICLE A REGISTRATION PLATE WHICH:

(1) IS SO DIRTY AS TO PREVENT THE READING OF THE NUMBER

OR LETTERS THEREON AT A REASONABLE DISTANCE;

(2) IS ILLEGIBLE, OBSCURED, COVERED OR OTHERWISE

OBSTRUCTED IN ANY MANNER WHICH INHIBITS THE PROPER OPERATION

OF AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM IN PLACE

PURSUANT TO SECTION 3116 (RELATING TO AUTOMATED RED LIGHT

ENFORCEMENT SYSTEMS IN FIRST CLASS CITIES) OR 3117 (RELATING

TO AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN CERTAIN

MUNICIPALITIES) OR ANY OTHER AUTOMATED ENFORCEMENT SYSTEM

20210HB1486PN3604 - 15 -

AUTHORIZED BY THIS TITLE OR AN ELECTRONIC TOLL COLLECTION

SYSTEM AS AUTHORIZED UNDER 74 PA.C.S. § 8117 (RELATING TO

ELECTRONIC TOLL COLLECTION);

(3) IS [OTHERWISE] ILLEGIBLE, OBSCURED, COVERED OR

OTHERWISE OBSTRUCTED IN ANY MANNER AT A REASONABLE DISTANCE

[OR IS OBSCURED IN ANY MANNER; OR];

(4) IS ILLEGIBLE, OBSCURED, COVERED OR OTHERWISE

OBSTRUCTED IN [A] ANY MANNER WHICH INHIBITS THE VISIBILITY OF

THE ISSUING JURISDICTION AT A REASONABLE DISTANCE[.]; OR

(5) HAS A TINTED PLATE COVER.

(B.1) CONSTRUCTION.--NOTHING UNDER SUBSECTION (B) SHALL BE

CONSTRUED TO PROHIBIT A VEHICLE FROM BEING AFFIXED WITH A

REGISTRATION PLATE FRAME THAT MINIMALLY OUTLINES THE

REGISTRATION PLATE IN SUCH A MANNER THAT THE REGISTRATION

PLATE'S NUMBER AND ISSUING JURISDICTION IS IDENTIFIABLE BY AN

AUTOMATED ENFORCEMENT SYSTEM UNDER SUBSECTION (B)(2) OR BY LAW

ENFORCEMENT.

* * *

SECTION 6. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:

§ 1352.2. POLLINATOR CONSERVATION REGISTRATION PLATE.

THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF

AGRICULTURE, SHALL DESIGN A SPECIAL POLLINATOR CONSERVATION

REGISTRATION PLATE. UPON APPLICATION OF ANY PERSON, ACCOMPANIED

BY A FEE OF $38 WHICH SHALL BE IN ADDITION TO THE REGISTRATION

FEE, THE DEPARTMENT SHALL ISSUE THE PLATE FOR A PASSENGER CAR,

MOTOR HOME, TRAILER OR TRUCK WITH A REGISTERED GROSS WEIGHT OF

NOT MORE THAN 14,000 POUNDS. THE POLLINATOR HABITAT PROGRAM FUND

SHALL RECEIVE $25 OF THE FEE PAID BY THE APPLICANT FOR THE

PLATE.

§ 1363.1. AFGHANISTAN AND IRAQ VETERANS PLATE.

20210HB1486PN3604 - 16 -

UPON APPLICATION OF ANY PERSON WHO IS A VETERAN OF THE

LIBERATION OR OCCUPATION OF AFGHANISTAN AND IRAQ, ACCOMPANIED BY

A FEE OF $23 WHICH SHALL BE IN ADDITION TO THE REGISTRATION FEE

AND BY DOCUMENTATION AS THE DEPARTMENT SHALL REQUIRE, THE

DEPARTMENT SHALL ISSUE TO THE PERSON A SPECIAL REGISTRATION

PLATE DESIGNATING THE VEHICLE SO LICENSED AS BELONGING TO A

PERSON WHO IS A VETERAN OF AFGHANISTAN AND IRAQ. THE SPECIAL

REGISTRATION PLATE MAY BE USED ONLY ON A PASSENGER CAR OR TRUCK

WITH A REGISTERED GROSS WEIGHT OF NOT MORE THAN 14,000 POUNDS.

§ 1366.2. Blue Star Family plate.

(a) General rule.--Upon application of a family member of a

person who is an active duty service member in the military,

including a reserve component or National Guard, accompanied by

a fee of $23 which shall be in addition to the annual

registration fee and by such documentation as the department

shall require, the department shall issue to the family member a

special registration plate designating the vehicle so licensed

as belonging to a family member of a person serving on active

duty in the military, including a reserve component or National

Guard. The department shall design and produce the special

registration plate carrying the Blue Star which signifies that a

family member is an active duty service member, including a

reserve component or National Guard. The words "Blue Star

Family" shall be clearly displayed along the bottom of the

plate. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(b) Documentation required.--An applicant for a Blue Star

Family plate shall certify on a form approved by the department

that the applicant is a family member of a person who is an

20210HB1486PN3604 - 17 -

<--

active duty service member in the military, including a reserve

component or National Guard.

construed to require:

(1) A person issued a Blue Star Family plate to return

the plate to the department if a family member no longer

serves on active duty in the military, including a reserve

component or National Guard.

(2) The department to periodically verify that a person

issued a Blue Star Family plate has a family member serving

on active duty in the military, including a reserve component

or National Guard, after the initial issuance of the plate.

(d) Definition.--As used in this section, the term "family

member" includes the following:

(1) Mother.

(2) Father.

(3) Stepmother.

(4) Stepfather.

(5) Mother through adoption.

(6) Father through adoption.

(7) Foster mother in loco parentis.

(8) Foster father in loco parentis.

(9) Son.

(10) Daughter.

(11) Stepson.

(12) Stepdaughter.

(13) Son by adoption.

(14) Daughter by adoption.

(15) Brother.

(16) Sister.

20210HB1486PN3604 - 18 -

(17) Half-brother.

(18) Half-sister.

(19) Grandfather.

(20) Grandmother.

(21) Spouse.

SECTION 7. SECTION 1380(A)(1), (C)(2), (D), (E) AND (H) OF

TITLE 75 ARE AMENDED TO READ:

§ 1380. SUSPENSION OF REGISTRATION UPON UNPAID TOLLS.

(A) GENERAL RULE.--

(1) THE DEPARTMENT SHALL SUSPEND THE REGISTRATION OF A

VEHICLE UPON NOTIFICATION FROM A TOLLING ENTITY THAT THE

OWNER OR REGISTRANT OF THE VEHICLE HAS EITHER:

(I) FAILED TO PAY OR DEFAULTED IN THE PAYMENT OF

[SIX] FOUR OR MORE [VIOLATIONS] INVOICES ISSUED UNDER 74

PA.C.S. § 8116(A) (RELATING TO COLLECTION AND DISPOSITION

OF TOLLS AND OTHER REVENUE) OR 8117(A)(1) (RELATING TO

ELECTRONIC TOLL COLLECTION), INCLUDING VIOLATION NOTICES

ISSUED PRIOR TO MARCH 16, 2020, OR OTHER LAW, REGULATION,

ORDINANCE OR STANDARD APPLICABLE TO THE TOLL COLLECTION

OR PAYMENT REQUIREMENTS FOR A TOLLING ENTITY; OR

(II) INCURRED UNPAID TOLLS OR ADMINISTRATIVE FEES OR

COSTS THAT COLLECTIVELY TOTAL A MINIMUM OF [$500] $250,

REGARDLESS OF THE NUMBER OF [VIOLATIONS] UNPAID INVOICES.

* * *

(2) WHEN A TOLLING ENTITY HAS PROVIDED NOTICE UNDER THIS

SUBSECTION AND ALL OF THE [VIOLATIONS] UNPAID INVOICES ARE

SUBSEQUENTLY PAID, DISMISSED, REVERSED ON APPEAL OR CANCELED,

THE TOLLING ENTITY SHALL NOTIFY THE DEPARTMENT ELECTRONICALLY

20210HB1486PN3604 - 19 -

<--

IN A FORMAT PRESCRIBED BY THE DEPARTMENT OF THE DISPOSITION

OF THE [VIOLATION] UNPAID INVOICE AND SHALL PROVIDE THE OWNER

OR REGISTRANT WITH A RELEASE FROM THE SUSPENSION.

(D) PERIOD OF SUSPENSION.--A SUSPENSION UNDER SUBSECTION (A)

SHALL CONTINUE UNTIL THE DEPARTMENT RECEIVES NOTICE FROM THE

TOLLING ENTITY THAT THE [VIOLATIONS] UNPAID INVOICES ARE PAID,

DISMISSED, REVERSED ON APPEAL OR CANCELED OR THE OWNER OR

REGISTRANT ENTERS INTO AN AGREEMENT WITH THE TOLLING ENTITY TO

MAKE INSTALLMENT PAYMENTS FOR TOLLS, ADMINISTRATIVE FEES AND

COSTS IMPOSED AND PAYS THE FEE PRESCRIBED IN SECTION 1960

(RELATING TO REINSTATEMENT OF OPERATING PRIVILEGE OR VEHICLE

REGISTRATION), PROVIDED THAT THE SUSPENSION MAY BE REIMPOSED BY

THE DEPARTMENT IF THE OWNER OR REGISTRANT FAILS TO MAKE REGULAR

INSTALLMENT PAYMENTS.

(E) ADDITIONAL SUSPENSION.--THE DEPARTMENT SHALL IMPOSE AN

ADDITIONAL PERIOD OF REGISTRATION SUSPENSION IF, SUBSEQUENT TO

THE ISSUANCE OF A SUSPENSION UNDER SUBSECTION (A) BUT PRIOR TO

THE RESTORATION OF THE REGISTRATION, THE DEPARTMENT IS NOTIFIED

BY THE TOLLING ENTITY THAT THE OWNER OR REGISTRANT HAS FAILED TO

PAY, FAILED TO RESPOND OR DEFAULTED IN THE PAYMENT OF AN

ADDITIONAL [VIOLATION] INVOICE ISSUED UNDER 74 PA.C.S. § 8116(A)

(RELATING TO COLLECTION AND DISPOSITION OF TOLLS AND OTHER

REVENUE) OR 8117(A)(1).

* * *

(H) [THREE-YEAR STATUTE] STATUTE OF LIMITATIONS.--NO

SUSPENSION MAY BE IMPOSED BASED UPON A VIOLATION OF 74 PA.C.S. §

8117(A)(1) OR SIMILAR PROVISION FROM ANOTHER STATE MORE THAN

[THREE] FIVE YEARS AFTER THE VIOLATION IS COMMITTED.

* * *

SECTION 8. SECTION 1905 OF TITLE 75 IS AMENDED BY ADDING A

20210HB1486PN3604 - 20 -

SUBSECTION TO READ:

§ 1905. PAYMENTS TO SPECIAL FUNDS.

* * *

(D) POLLINATOR HABITAT PROGRAM FUND.--TWENTY-FIVE DOLLARS OF

EACH FEE RECEIVED UNDER SECTION 1352.2 (RELATING TO P OLLINATOR

CONSERVATION REGISTRATION PLATE ) SHALL BE CREDITED TO THE

POLLINATOR HABITAT PROGRAM FUND , ESTABLISHED AS FOLLOWS:

(1) THE POLLINATOR HABITAT PROGRAM FUND IS ESTABLISHED

AS A SPECIAL FUND IN THE STATE TREASURY FOR THE PURPOSE OF

PROVIDING SUPPORT FOR ROADSIDE POLLINATOR INITIATIVES.

(2) ALL MONEY IN THE POLLINATOR HABITAT PROGRAM FUND IS

ANNUALLY APPROPRIATED TO THE DEPARTMENT AND MAY BE EXPENDED

FOR THE PURPOSES AUTHORIZED UNDER THIS SUBSECTION.

(3) ESTIMATES OF AMOUNTS TO BE EXPENDED UNDER THIS

SUBSECTION SHALL BE SUBMITTED TO THE GOVERNOR BY THE

DEPARTMENT FOR APPROVAL.

(4) THE STATE TREASURER SHALL NOT HONOR ANY REQUISITION

FOR EXPENDITURES BY THE DEPARTMENT IN EXCESS OF ESTIMATES

APPROVED BY THE GOVERNOR OR IN EXCESS OF THE AMOUNT AVAILABLE

FOR THE PURPOSES FOR WHICH THE REQUISITION WAS MADE,

WHICHEVER IS THE LESSER AMOUNT.

SECTION 9. SECTION 6110.1(C) AND (F) OF TITLE 75 ARE AMENDED

TO READ:

§ 6110.1. FARE EVASION.

* * *

SECTION SHALL NOT PRECLUDE PROSECUTION UNDER SECTION 1332

(RELATING TO DISPLAY OF REGISTRATION PLATE), 1380 (RELATING TO

SUSPENSION OF REGISTRATION UPON UNPAID TOLLS), 7122 (RELATING TO

ALTERED, FORGED OR COUNTERFEIT DOCUMENTS AND PLATES) OR 7124

20210HB1486PN3604 - 21 -

(RELATING TO FRAUDULENT USE OR REMOVAL OF REGISTRATION PLATE).

* * *

(F) DEFINITION.--AS USED IN THIS SECTION, THE TERM

"AFFIRMATIVE ACTION" INCLUDES:

(1) [REMOVING A LICENSE PLATE FROM A VEHICLE TO IMPEDE

ELECTRONIC TOLL COLLECTION;] OPERATING A VEHICLE WITHOUT A

LICENSE PLATE AND VALID VEHICLE REGISTRATION;

(2) OPERATING A VEHICLE WITHOUT A VALID ELECTRONIC TOLL

COLLECTION DEVICE AND INSTALLING A MECHANISM WHICH ROTATES,

CHANGES, BLOCKS OR OTHERWISE MECHANICALLY ALTERS THE ABILITY

OF A LICENSE PLATE TO BE READ BY A [VIOLATION ENFORCEMENT

SYSTEM] TOLL COLLECTION SYSTEM;

(3) INSTALLING A [MECHANICAL APPARATUS] DEVICE UPON A

VEHICLE WHICH SERVES THE SOLE PURPOSE OF MASKING, HIDING OR

MANIPULATING THE TRUE WEIGHT OF THE VEHICLE AS IT APPEARS TO

A MECHANICAL SCALE;

(4) CONSPIRING WITH AN INDIVIDUAL OR GROUP OF

INDIVIDUALS TO ALTER, LOWER OR EVADE PAYMENT OF CORRECT

TOLLS; [AND]

(5) UNAUTHORIZED USE OF A PENNSYLVANIA TURNPIKE PRIVATE

GATE ACCESS OR OTHERWISE UNAUTHORIZED MOVEMENT ENTERING OR

EXITING THE TURNPIKE OTHER THAN AT APPROVED [INTERCHANGES.]

TOLLING POINTS; AND

(6) OPERATING A VEHICLE WITHOUT A VALID ELECTRONIC TOLL

COLLECTION DEVICE AND ALTERING, OBSTRUCTING, COVERING,

DISTORTING, MANIPULATING OR REMOVING A LICENSE PLATE FROM A

VEHICLE TO IMPEDE ELECTRONIC TOLL COLLECTION.

Section 2 10. This act shall take effect in 120 days. AS

FOLLOWS:

(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:

20210HB1486PN3604 - 22 -

<--

(I) THIS SECTION.

(II) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §

1332(B)(2), (3) AND (4) AND (B.1).

(2) THE ADDITION OF 75 PA.C.S. § 1324 SHALL TAKE EFFECT

IN 180 DAYS.

(3) THE ADDITION OF 75 PA.C.S. §§ 1352.2, 1363.1, 1366.2

AND 1905(D) SHALL TAKE EFFECT IN 120 DAYS.

(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60

DAYS.

20210HB1486PN3604 - 23 -