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| PRIOR PRINTER'S NO. 2310 | PRINTER'S NO. 3688 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CALTAGIRONE, CREIGHTON, DONATUCCI, GEIST, GILLESPIE, GODSHALL, MAHONEY, MURT, STURLA, SWANGER AND YOUNGBLOOD, AUGUST 10, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 6, 2012 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for automated red light | <-- |
3 | enforcement systems in first class cities and for specific |
4 | powers of department and local authorities. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6109(h) of Title 75 of the Pennsylvania | <-- |
8 | Consolidated Statutes is amended to read: |
9 | Section 1. Section 3116(e)(3), (f), (i)(3), (l) and (q) of | <-- |
10 | Title 75 of the Pennsylvania Consolidated Statutes, amended |
11 | December 22, 2011 (P.L.596, No.129), are amended to read: |
12 | § 3116. Automated red light enforcement systems in first class |
13 | cities. |
14 | * * * |
15 | (e) Limitations.-- |
16 | * * * |
17 | (3) Notwithstanding any other provision of law, |
18 | information prepared under this section and information |
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1 | relating to violations under this section which is kept by |
2 | the city of the first class, its authorized agents or its |
3 | employees, including recorded images, written records, |
4 | reports or facsimiles, names, addresses and the number of |
5 | violations under this section, shall be for the exclusive use |
6 | of the city, its authorized agents, its employees and law |
7 | enforcement officials for the purpose of discharging their |
8 | duties under this section and under any ordinances and |
9 | resolutions of the city. The information shall not be deemed |
10 | a public record under the act of [June 21, 1957 (P.L.390, |
11 | No.212), referred to] February 14, 2008 (P.L.6, No.3), known |
12 | as the Right-to-Know Law. The information shall not be |
13 | discoverable by court order or otherwise, nor shall it be |
14 | offered in evidence in any action or proceeding which is not |
15 | directly related to a violation of this section or any |
16 | ordinance or resolution of the city. The restrictions set |
17 | forth in this paragraph shall not be deemed to preclude a |
18 | court of competent jurisdiction from issuing an order |
19 | directing that the information be provided to law enforcement |
20 | officials if the information is reasonably described and is |
21 | requested solely in connection with a criminal law |
22 | enforcement action. |
23 | * * * |
24 | (f) Defenses.-- |
25 | (1) It shall be a defense to a violation under this |
26 | section that the person named in the notice of the violation |
27 | was not operating the vehicle at the time of the violation. |
28 | The owner may be required to submit evidence that the owner |
29 | was not the driver at the time of the alleged violation. The |
30 | city of the first class may not require the owner of the |
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1 | vehicle to disclose the identity of the operator of the |
2 | vehicle at the time of the violation. |
3 | (2) If an owner receives a notice of violation pursuant |
4 | to this section of a time period during which the vehicle was |
5 | reported to a police department of any state or municipality |
6 | as having been stolen, it shall be a defense to a violation |
7 | pursuant to this section that the vehicle has been reported |
8 | to a police department as stolen prior to the time the |
9 | violation occurred and had not been recovered prior to that |
10 | time. |
11 | (3) It shall be a defense to a violation under this |
12 | section that the person receiving the notice of violation was |
13 | not the owner of the vehicle at the time of the offense. |
14 | (4) It shall be a defense to a violation under this |
15 | section that the person receiving the notice of violation was |
16 | driving a bus with passengers on board at the time of the |
17 | violation and that a sudden stop could have injured those |
18 | passengers. |
19 | * * * |
20 | (i) System administrator.-- |
21 | * * * |
22 | (3) The system administrator shall submit an annual |
23 | report to the chairman and the minority chairman of the |
24 | Transportation Committee of the Senate and the chairman and |
25 | minority chairman of the Transportation Committee of the |
26 | House of Representatives. The report shall be considered a |
27 | public record under the Right-to-Know Law and include for the |
28 | prior year: |
29 | (i) The number of violations and fines issued. |
30 | (ii) A compilation of fines paid and outstanding. |
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1 | (iii) The amount of money paid to a vendor or |
2 | manufacturer under this section. |
3 | * * * |
4 | (l) Payment of fine.-- |
5 | (1) An owner to whom a notice of violation has been |
6 | issued may admit responsibility for the violation and pay the |
7 | fine provided in the notice. |
8 | (2) Payment must be made personally, through an |
9 | authorized agent or by mailing both payment and the notice of |
10 | violation to the system administrator. Payment by mail must |
11 | be made only by money order, credit card or check made |
12 | payable to the system administrator. The system administrator |
13 | shall remit the fine, less the system administrator's |
14 | operation and maintenance costs necessitated by this section, |
15 | to the department for deposit into the Motor License Fund. |
16 | Fines deposited in the fund under this paragraph shall be |
17 | used by the department to develop, by regulation, a |
18 | Transportation Enhancements Grant Program. The department |
19 | shall award transportation enhancement grants on a |
20 | competitive basis. The department may pay any actual |
21 | administrative costs arising from its administration of this |
22 | section. The department may not reserve, designate or set |
23 | aside any specific level of funds or percentage of funds to |
24 | an applicant prior to the completion of the application |
25 | process, nor may the department designate a set percentage of |
26 | funds to an applicant. Grants shall be awarded by the |
27 | department on recommendation of a selection committee |
28 | consisting of four representatives of the department |
29 | appointed by the secretary and four members appointed by the |
30 | mayor of the city of the first class. |
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1 | (3) Payment of the established fine and applicable |
2 | penalties shall operate as a final disposition of the case. |
3 | * * * |
4 | (q) Expiration.--This section shall expire [June 30, 2012] |
5 | December 31, 2016. |
6 | Section 2. Section 6109(a)(1), (f) and (h) of Title 75 are |
7 | amended and the section is amended by adding a subsection to |
8 | read: |
9 | § 6109. Specific powers of department and local authorities. |
10 | * * * | <-- |
11 | (a) Enumeration of police powers.--The provisions of this | <-- |
12 | title shall not be deemed to prevent the department on State- |
13 | designated highways and local authorities on streets or highways |
14 | within their physical boundaries from the reasonable exercise of |
15 | their police powers. The following are presumed to be reasonable |
16 | exercises of police power: |
17 | (1) Except as limited by [subsection] subsections (g) |
18 | and (h), regulating or prohibiting stopping, standing or |
19 | parking. |
20 | * * * |
21 | (f) Delegation of powers authorized.--Except as set forth in |
22 | [subsection] subsections (g) and (h), nothing contained in this |
23 | section shall be deemed to prevent local authorities by |
24 | ordinance or resolution of the local governing body from |
25 | delegating their powers under subsection (a)(1) or (22) to a |
26 | parking authority established pursuant to 53 Pa.C.S. Ch. 55 |
27 | (relating to parking authorities). |
28 | (g) Delegation of powers in cities of the first class.-- |
29 | (1) Notwithstanding any contrary provision of 53 Pa.C.S. |
30 | Ch. 55 or this title, beginning on March 31, 2014, the |
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1 | parking authority of a city of the first class shall enforce |
2 | and administer the system of on-street parking regulation in |
3 | a city of the first class on behalf of the city. The system |
4 | of on-street parking regulation shall include all ordinances |
5 | and resolutions enacted or adopted by the city of the first |
6 | class pursuant to the powers specified under subsection (a) |
7 | (1) and those certain stopping, standing and parking |
8 | provisions provided in sections 3351 (relating to stopping, |
9 | standing and parking outside business and residence |
10 | districts), 3353 (relating to prohibitions in specified |
11 | places) and 3354 (relating to additional parking |
12 | regulations). |
13 | (2) Any revenues generated pursuant to the system of on- |
14 | street parking regulation authorized by this subsection shall |
15 | be collected by the authority on behalf of the city of the |
16 | first class and disbursed as provided in this paragraph, |
17 | subject to adjustment under paragraph (3). Beginning with its |
18 | fiscal year ending in 2015, upon the conclusion of each of |
19 | its fiscal years, the authority shall transfer the revenues |
20 | of the system of on-street parking regulation net of the |
21 | operating and administrative expenses of the system of on- |
22 | street parking regulation as follows: |
23 | (i) Up to $35,000,000 in the aggregate after taking |
24 | into account any monthly remittances to the city in which |
25 | it is located. |
26 | (ii) In the event the net annual revenue of the |
27 | system of on-street parking regulation exceeds |
28 | $35,000,000, the authority shall transfer all of the |
29 | excess to the general fund of a school district of the |
30 | first class coterminous with the city. |
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1 | (3) The amount set forth in paragraph (2)(i) shall be |
2 | adjusted each fiscal year beginning with the fiscal year |
3 | ending in 2014 by increasing the $35,000,000 aggregate amount |
4 | by an amount equal to $35,000,000 multiplied by the |
5 | percentage increase, if any, in the gross revenue generated |
6 | by the system of on-street parking regulation. No adjustment |
7 | shall be made if the gross revenue generated by the system of |
8 | on-street parking regulation did not increase over the prior |
9 | fiscal year. |
10 | (4) The provisions of section 696(h)(1) of the act of |
11 | March 10, 1949 (P.L.30, No.14), known as the Public School |
12 | Code of 1949, shall not apply to amounts transferred to a |
13 | school district of the first class under this subsection. Any |
14 | portion of the excess net revenue of the system of on-street |
15 | parking regulation not transferred to a school district of |
16 | the first class must be transferred to the city of the first |
17 | class in which the authority is located. |
18 | (5) As used in this subsection, the following words and |
19 | phrases shall have the meanings given to them in this |
20 | paragraph: |
21 | "Administer." To provide any services or materials |
22 | necessary to enforce any ordinance or resolution enacted in |
23 | order to regulate or prohibit the stopping, standing or |
24 | parking of motor vehicles in a city of the first class or |
25 | those certain stopping, standing and parking provisions |
26 | provided in sections 3351, 3353 and 3354, including, but not |
27 | limited to: |
28 | (i) The installation and maintenance of all |
29 | equipment, including parking meters, on and along |
30 | 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. |
17 | (h) Delegation of powers in cities of the second and third |
18 | class.-- |
19 | (1) Notwithstanding any contrary provision of 53 Pa.C.S. |
20 | Ch. 55 or this title, beginning on January 1, 2005, the |
21 | parking authority of a city of the second class shall enforce |
22 | and administer all ordinances and resolutions enacted or |
23 | adopted by the city of the second class pursuant to the |
24 | powers specified under subsection (a)(1) and those certain |
25 | stopping, standing and parking provisions provided in |
26 | sections 3351 (relating to stopping, standing and parking |
27 | outside [of] business and residence districts), 3353 |
28 | (relating to prohibitions in specified places) and 3354 |
29 | (relating to additional parking regulations). |
30 | (1.1) Notwithstanding a provision of 53 Pa.C.S. Ch. 55 |
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1 | or this title to the contrary, beginning on January 1, 2012, |
2 | the parking authority of a city of the third class may |
3 | enforce and administer ordinances and resolutions enacted or |
4 | adopted by the city of the third class under the powers |
5 | specified under subsection (a)(1) and those certain stopping, |
6 | standing and parking provisions provided in sections 3351, |
7 | 3353 and 3354. |
8 | (2) Beginning on March 1, 2005, the parking authority of |
9 | a city of the second class shall enter into an agreement with |
10 | the city of the second class for the transfer of a portion of |
11 | the fines, penalties and costs collected pursuant to this |
12 | subsection, which the parking authority board deems |
13 | reasonable, to the city of the second class. |
14 | (2.1) Beginning on March 1, 2012, the parking authority |
15 | of a city of the third class may enter into an agreement with |
16 | the city of the third class for the transfer of a portion of |
17 | the fines, penalties and costs collected under this |
18 | subsection, which the parking authority board deems |
19 | reasonable, to the city of the third class. |
20 | (3) As used in this subsection, the following words and |
21 | phrases shall have the meanings given to them in this |
22 | paragraph: |
23 | "Administer." To provide any services or materials |
24 | necessary to enforce any ordinance or resolution enacted in |
25 | order to regulate or prohibit the stopping, standing or |
26 | parking of motor vehicles in a city of the second class or |
27 | those certain stopping, standing and parking provisions |
28 | provided in sections 3351, 3353 and 3354, including, but not |
29 | limited to: |
30 | (i) The installation and maintenance of all |
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1 | equipment, including parking meters, on and along |
2 | highways, streets and roadways. |
3 | (ii) The installation and maintenance of all |
4 | signage, including signage for handicapped parking, |
5 | residential permit parking and loading areas, on and |
6 | along highways, streets and roadways. |
7 | (iii) The operation and management of any |
8 | handicapped parking, residential parking and loading area |
9 | permit programs. |
10 | (iv) The adjudication of all disputed parking |
11 | violation notices or citations issued through enforcement |
12 | by the parking authority in a city of the second class. |
13 | "Enforce." The issuance of parking violation notices or |
14 | citations, the immobilization, towing and impoundment of |
15 | motor vehicles and the collection of fines, penalties and |
16 | costs, including independent collection agency fees, for |
17 | violations of any ordinance or resolution enacted in order to |
18 | regulate or prohibit the stopping, standing or parking of |
19 | motor vehicles in a city of the second class and those |
20 | certain stopping, standing and parking provisions provided in |
21 | sections 3351, 3353 and 3354. |
22 | Section 2 3. This act shall take effect in 60 days. | <-- |
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