PRINTER'S NO. 29
No. 41 Session of 1999
INTRODUCED BY MAYERNIK, READSHAW, GEIST, HERSHEY, HASAY,
GODSHALL, CLARK AND HARHAI, JANUARY 20, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 20, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 fines and forfeitures payable to municipal corporations.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3573(b) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3573. Municipal corporation portion of fines, etc.
9 * * *
10 (b) Vehicle offenses.--
11 (1) When prosecution under the provisions of Title 75
12 (relating to vehicles) for parking is the result of local
13 police action, all fines, forfeited recognizances and other
14 forfeitures imposed, lost or forfeited shall be payable to
15 the municipal corporation under which the local police are
16 organized.
17 (2) Except as provided in paragraph (3) or (4), when
18 prosecution under any other provision of Title 75 (except
1 Chapter 77 (relating to snowmobiles)) is the result of local
2 police action, one-half of all fines, forfeited recognizances
3 and other forfeitures imposed, lost or forfeited shall be
4 payable to the municipal corporation under which the local
5 police are organized.
6 (3) When prosecution under 75 Pa.C.S. § 3731 (relating
7 to driving under influence of alcohol or controlled
8 substance) is the result of local police action, 50% of all
9 fines, forfeited recognizances and other forfeitures imposed,
10 lost or forfeited shall be payable to the municipal
11 corporation under which the local police are organized, and
12 50% shall be payable to the county which shall be further
13 divided as follows:
14 (i) Fifty percent of the moneys received shall be
15 allocated to the appropriate county authority which
16 implements the county drug and alcohol program to be used
17 solely for the purposes of aiding programs promoting drug
18 abuse and alcoholism prevention, education, treatment and
19 research. Programs under this subparagraph include
20 Project DARE (Drug and Alcohol Resistance Education).
21 (ii) Fifty percent of the moneys received shall be
22 used for expenditures incurred for county jails, prisons,
23 workhouses and detention centers.
24 (4) If a municipal corporation receives more than 45% of
25 its total annual revenue from fines, forfeited recognizances
26 and other forfeitures imposed, lost or forfeited from moving
27 traffic violations occurring on State highways, all revenues
28 from those violations in excess of 45% of the total annual
29 revenue of the municipal corporation shall be payable to the
30 school district or districts located wholly or partially
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1 within the boundaries of the municipal corporation. Where
2 more than one school district is located wholly or partially
3 within the boundaries of the municipal corporation, the
4 revenue shall be allocated and apportioned among the school
5 districts on the basis of the percentage of residents of the
6 municipal corporation who reside within each school district.
7 * * *
8 Section 2. This act shall take effect in 60 days.
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