| H1803B2310A10729 BIL:EAZ 05/22/12 #90 A10729 |
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| AMENDMENTS TO HOUSE BILL NO. 1803 |
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| Printer's No. 2310 |
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1 | Amend Bill, page 1, lines 6 and 7, by striking out all of |
2 | said lines and inserting |
3 | Section 1. Section 6109(a)(1), (f) and (h) of Title 75 of |
4 | the Pennsylvania Consolidated Statutes are amended and the |
5 | section is amended by adding a subsection to read: |
6 | Amend Bill, page 1, line 9, by striking out all of said line |
7 | and inserting |
8 | (a) Enumeration of police powers.--The provisions of this |
9 | title shall not be deemed to prevent the department on State- |
10 | designated highways and local authorities on streets or highways |
11 | within their physical boundaries from the reasonable exercise of |
12 | their police powers. The following are presumed to be reasonable |
13 | exercises of police power: |
14 | (1) Except as limited by [subsection] subsections (g) |
15 | and (h), regulating or prohibiting stopping, standing or |
16 | parking. |
17 | * * * |
18 | (f) Delegation of powers authorized.--Except as set forth in |
19 | [subsection] subsections (g) and (h), nothing contained in this |
20 | section shall be deemed to prevent local authorities by |
21 | ordinance or resolution of the local governing body from |
22 | delegating their powers under subsection (a)(1) or (22) to a |
23 | parking authority established pursuant to 53 Pa.C.S. Ch. 55 |
24 | (relating to parking authorities). |
25 | (g) Delegation of powers in cities of the first class.-- |
26 | (1) Notwithstanding any contrary provision of 53 Pa.C.S. |
27 | Ch. 55 or this title, beginning on March 31, 2014, the |
28 | parking authority of a city of the first class shall enforce |
29 | and administer the system of on-street parking regulation in |
30 | a city of the first class on behalf of the city. The system |
31 | of on-street parking regulation shall include all ordinances |
32 | and resolutions enacted or adopted by the city of the first |
33 | class pursuant to the powers specified under subsection (a) |
34 | (1) and those certain stopping, standing and parking |
35 | provisions provided in sections 3351 (relating to stopping, |
36 | standing and parking outside business and residence |
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1 | districts), 3353 (relating to prohibitions in specified |
2 | places) and 3354 (relating to additional parking |
3 | regulations). |
4 | (2) Any revenues generated pursuant to the system of on- |
5 | street parking regulation authorized by this subsection shall |
6 | be collected by the authority on behalf of the city of the |
7 | first class and disbursed as provided in this paragraph, |
8 | subject to adjustment under paragraph (3). Beginning with its |
9 | fiscal year ending in 2015, upon the conclusion of each of |
10 | its fiscal years, the authority shall transfer the revenues |
11 | of the system of on-street parking regulation net of the |
12 | operating and administrative expenses of the system of on- |
13 | street parking regulation as follows: |
14 | (i) Up to $35,000,000 in the aggregate after taking |
15 | into account any monthly remittances to the city in which |
16 | it is located. |
17 | (ii) In the event the net annual revenue of the |
18 | system of on-street parking regulation exceeds |
19 | $35,000,000, the authority shall transfer all of the |
20 | excess to the general fund of a school district of the |
21 | first class coterminous with the city. |
22 | (3) The amount set forth in paragraph (2)(i) shall be |
23 | adjusted each fiscal year beginning with the fiscal year |
24 | ending in 2014 by increasing the $35,000,000 aggregate amount |
25 | by an amount equal to $35,000,000 multiplied by the |
26 | percentage increase, if any, in the gross revenue generated |
27 | by the system of on-street parking regulation. No adjustment |
28 | shall be made if the gross revenue generated by the system of |
29 | on-street parking regulation did not increase over the prior |
30 | fiscal year. |
31 | (4) The provisions of section 696(h)(1) of the act of |
32 | March 10, 1949 (P.L.30, No.14), known as the Public School |
33 | Code of 1949, shall not apply to amounts transferred to a |
34 | school district of the first class under this subsection. Any |
35 | portion of the excess net revenue of the system of on-street |
36 | parking regulation not transferred to a school district of |
37 | the first class must be transferred to the city of the first |
38 | class in which the authority is located. |
39 | (5) As used in this subsection, the following words and |
40 | phrases shall have the meanings given to them in this |
41 | paragraph: |
42 | "Administer." To provide any services or materials |
43 | necessary to enforce any ordinance or resolution enacted in |
44 | order to regulate or prohibit the stopping, standing or |
45 | parking of motor vehicles in a city of the first class or |
46 | those certain stopping, standing and parking provisions |
47 | provided in sections 3351, 3353 and 3354, including, but not |
48 | limited to: |
49 | (i) The installation and maintenance of all |
50 | equipment, including parking meters, on and along |
51 | highways, streets and roadways. |
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1 | (ii) The installation and maintenance of all |
2 | signage, including signage for handicapped parking, |
3 | residential permit parking and loading areas, on and |
4 | along highways, streets and roadways. |
5 | (iii) The operation and management of any |
6 | handicapped parking, residential parking and loading area |
7 | permit programs. |
8 | "Enforce." The issuance of parking violation notices or |
9 | citations, the immobilization, towing and impoundment of |
10 | motor vehicles and the collection of fines, penalties, costs |
11 | and fees, including independent collection agency fees, for |
12 | violations of any ordinance or resolution enacted in order to |
13 | regulate or prohibit the stopping, standing or parking of |
14 | motor vehicles in a city of the first class and those certain |
15 | stopping, standing and parking provisions provided in this |
16 | section and sections 3351, 3353 and 3354. |
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