H1803B2310A10729     BIL:EAZ  05/22/12     #90        A10729

  

  

  

  

AMENDMENTS TO HOUSE BILL NO. 1803

Printer's No. 2310

  

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Amend Bill, page 1, lines 6 and 7, by striking out all of

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said lines and inserting

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Section 1.  Section 6109(a)(1), (f) and (h) of Title 75 of

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the Pennsylvania Consolidated Statutes are amended and the

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section is amended by adding a subsection to read:

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Amend Bill, page 1, line 9, by striking out all of said line

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and inserting

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(a)  Enumeration of police powers.--The provisions of this

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title shall not be deemed to prevent the department on State-

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designated highways and local authorities on streets or highways

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within their physical boundaries from the reasonable exercise of

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their police powers. The following are presumed to be reasonable

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exercises of police power:

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(1)  Except as limited by [subsection] subsections (g)

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and (h), regulating or prohibiting stopping, standing or

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parking.

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* * * 

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(f)  Delegation of powers authorized.--Except as set forth in

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[subsection] subsections (g) and (h), nothing contained in this

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section shall be deemed to prevent local authorities by

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ordinance or resolution of the local governing body from

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delegating their powers under subsection (a)(1) or (22) to a

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parking authority established pursuant to 53 Pa.C.S. Ch. 55 

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(relating to parking authorities).

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(g)  Delegation of powers in cities of the first class.--

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(1)  Notwithstanding any contrary provision of 53 Pa.C.S.

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Ch. 55 or this title, beginning on March 31, 2014, the

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parking authority of a city of the first class shall enforce

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and administer the system of on-street parking regulation in

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a city of the first class on behalf of the city. The system

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of on-street parking regulation shall include all ordinances

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and resolutions enacted or adopted by the city of the first

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class pursuant to the powers specified under subsection (a)

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(1) and those certain stopping, standing and parking

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provisions provided in sections 3351 (relating to stopping,

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standing and parking outside business and residence

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districts), 3353 (relating to prohibitions in specified

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places) and 3354 (relating to additional parking

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regulations).

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(2)  Any revenues generated pursuant to the system of on-

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street parking regulation authorized by this subsection shall

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be collected by the authority on behalf of the city of the

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first class and disbursed as provided in this paragraph,

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subject to adjustment under paragraph (3). Beginning with its

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fiscal year ending in 2015, upon the conclusion of each of

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its fiscal years, the authority shall transfer the revenues

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of the system of on-street parking regulation net of the

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operating and administrative expenses of the system of on-

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street parking regulation as follows:

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(i)  Up to $35,000,000 in the aggregate after taking

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into account any monthly remittances to the city in which

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it is located.

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(ii)  In the event the net annual revenue of the

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system of on-street parking regulation exceeds

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$35,000,000, the authority shall transfer all of the

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excess to the general fund of a school district of the

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first class coterminous with the city.

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(3)  The amount set forth in paragraph (2)(i) shall be

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adjusted each fiscal year beginning with the fiscal year

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ending in 2014 by increasing the $35,000,000 aggregate amount

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by an amount equal to $35,000,000 multiplied by the

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percentage increase, if any, in the gross revenue generated

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by the system of on-street parking regulation. No adjustment

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shall be made if the gross revenue generated by the system of

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on-street parking regulation did not increase over the prior

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fiscal year.

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(4)  The provisions of section 696(h)(1) of the act of

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March 10, 1949 (P.L.30, No.14), known as the Public School

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Code of 1949, shall not apply to amounts transferred to a

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school district of the first class under this subsection. Any

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portion of the excess net revenue of the system of on-street

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parking regulation not transferred to a school district of

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the first class must be transferred to the city of the first

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class in which the authority is located.

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(5)  As used in this subsection, the following words and

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phrases shall have the meanings given to them in this

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paragraph:

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"Administer."  To provide any services or materials

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necessary to enforce any ordinance or resolution enacted in

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order to regulate or prohibit the stopping, standing or

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parking of motor vehicles in a city of the first class or

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those certain stopping, standing and parking provisions

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provided in sections 3351, 3353 and 3354, including, but not

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limited to:

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(i)  The installation and maintenance of all

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equipment, including parking meters, on and along

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highways, streets and roadways.

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(ii)  The installation and maintenance of all

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signage, including signage for handicapped parking,

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residential permit parking and loading areas, on and

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along highways, streets and roadways.

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(iii)  The operation and management of any

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handicapped parking, residential parking and loading area

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permit programs.

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"Enforce."  The issuance of parking violation notices or

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citations, the immobilization, towing and impoundment of

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motor vehicles and the collection of fines, penalties, costs

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and fees, including independent collection agency fees, for

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violations of any ordinance or resolution enacted in order to

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regulate or prohibit the stopping, standing or parking of

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motor vehicles in a city of the first class and those certain

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stopping, standing and parking provisions provided in this

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section and sections 3351, 3353 and 3354.

  

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