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| PRIOR PRINTER'S NOS. 2310, 3688 | PRINTER'S NO. 3715 |
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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 THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 11, 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 3116(e)(3), (f), (i)(3), (l) and (q) of |
8 | Title 75 of the Pennsylvania Consolidated Statutes, amended |
9 | December 22, 2011 (P.L.596, No.129), are amended to read: |
10 | § 3116. Automated red light enforcement systems in first class |
11 | cities. |
12 | * * * |
13 | (e) Limitations.-- |
14 | * * * |
15 | (3) Notwithstanding any other provision of law, |
16 | information prepared under this section and information |
17 | relating to violations under this section which is kept by |
18 | the city of the first class, its authorized agents or its |
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1 | employees, including recorded images, written records, |
2 | reports or facsimiles, names, addresses and the number of |
3 | violations under this section, shall be for the exclusive use |
4 | of the city, its authorized agents, its employees and law |
5 | enforcement officials for the purpose of discharging their |
6 | duties under this section and under any ordinances and |
7 | resolutions of the city. The information shall not be deemed |
8 | a public record under the act of [June 21, 1957 (P.L.390, |
9 | No.212), referred to] February 14, 2008 (P.L.6, No.3), known |
10 | as the Right-to-Know Law. The information shall not be |
11 | discoverable by court order or otherwise, nor shall it be |
12 | offered in evidence in any action or proceeding which is not |
13 | directly related to a violation of this section or any |
14 | ordinance or resolution of the city. The restrictions set |
15 | forth in this paragraph shall not be deemed to preclude a |
16 | court of competent jurisdiction from issuing an order |
17 | directing that the information be provided to law enforcement |
18 | officials if the information is reasonably described and is |
19 | requested solely in connection with a criminal law |
20 | enforcement action. |
21 | * * * |
22 | (f) Defenses.-- |
23 | (1) It shall be a defense to a violation under this |
24 | section that the person named in the notice of the violation |
25 | was not operating the vehicle at the time of the violation. |
26 | The owner may be required to submit evidence that the owner |
27 | was not the driver at the time of the alleged violation. The |
28 | city of the first class may not require the owner of the |
29 | vehicle to disclose the identity of the operator of the |
30 | vehicle at the time of the violation. |
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1 | (2) If an owner receives a notice of violation pursuant |
2 | to this section of a time period during which the vehicle was |
3 | reported to a police department of any state or municipality |
4 | as having been stolen, it shall be a defense to a violation |
5 | pursuant to this section that the vehicle has been reported |
6 | to a police department as stolen prior to the time the |
7 | violation occurred and had not been recovered prior to that |
8 | time. |
9 | (3) It shall be a defense to a violation under this |
10 | section that the person receiving the notice of violation was |
11 | not the owner of the vehicle at the time of the offense. |
12 | (4) It shall be a defense to a violation under this |
13 | section that the person receiving the notice of violation was |
14 | driving a bus with passengers on board at the time of the |
15 | violation and that a sudden stop could have injured those |
16 | passengers. |
17 | * * * |
18 | (i) System administrator.-- |
19 | * * * |
20 | (3) The system administrator shall submit an annual |
21 | report to the chairman and the minority chairman of the |
22 | Transportation Committee of the Senate and the chairman and |
23 | minority chairman of the Transportation Committee of the |
24 | House of Representatives. The report shall be considered a |
25 | public record under the Right-to-Know Law and include for the |
26 | prior year: |
27 | (i) The number of violations and fines issued. |
28 | (ii) A compilation of fines paid and outstanding. |
29 | (iii) The amount of money paid to a vendor or |
30 | manufacturer under this section. |
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1 | * * * |
2 | (l) Payment of fine.-- |
3 | (1) An owner to whom a notice of violation has been |
4 | issued may admit responsibility for the violation and pay the |
5 | fine provided in the notice. |
6 | (2) Payment must be made personally, through an |
7 | authorized agent or by mailing both payment and the notice of |
8 | violation to the system administrator. Payment by mail must |
9 | be made only by money order, credit card or check made |
10 | payable to the system administrator. The system administrator |
11 | shall remit the fine, less the system administrator's |
12 | operation and maintenance costs necessitated by this section, |
13 | to the department for deposit into the Motor License Fund. |
14 | Fines deposited in the fund under this paragraph shall be |
15 | used by the department to develop, by regulation, a |
16 | Transportation Enhancements Grant Program. The department |
17 | shall award transportation enhancement grants on a |
18 | competitive basis. The department may pay any actual |
19 | administrative costs arising from its administration of this |
20 | section. The department may not reserve, designate or set |
21 | aside any specific level of funds or percentage of funds to |
22 | an applicant prior to the completion of the application |
23 | process, nor may the department designate a set percentage of |
24 | funds to an applicant. Grants shall be awarded by the |
25 | department on recommendation of a selection committee |
26 | consisting of four representatives of the department |
27 | appointed by the secretary and four members appointed by the |
28 | mayor of the city of the first class. |
29 | (3) Payment of the established fine and applicable |
30 | penalties shall operate as a final disposition of the case. |
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1 | * * * |
2 | (q) Expiration.--This section shall expire [June 30, 2012] |
3 | December 31, 2016. |
4 | Section 2. Section 6109(a)(1), (f) and (h) of Title 75 are |
5 | amended and the section is amended by adding a subsection to |
6 | read: |
7 | § 6109. Specific powers of department and local authorities. |
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 |
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1 | of on-street parking regulation shall include all ordinances |
2 | and resolutions enacted or adopted by the city of the first |
3 | class pursuant to the powers specified under subsection (a) |
4 | (1) and those certain stopping, standing and parking |
5 | provisions provided in sections 3351 (relating to stopping, |
6 | standing and parking outside business and residence |
7 | districts), 3353 (relating to prohibitions in specified |
8 | places) and 3354 (relating to additional parking |
9 | regulations). |
10 | (2) Any revenues generated pursuant to the system of on- |
11 | street parking regulation authorized by this subsection shall |
12 | be collected by the authority on behalf of the city of the |
13 | first class and disbursed as provided in this paragraph, |
14 | subject to adjustment under paragraph (3). Beginning with its |
15 | fiscal year ending in 2015, upon the conclusion of each of |
16 | its fiscal years, the authority shall transfer the revenues |
17 | of the system of on-street parking regulation net of the |
18 | operating and administrative expenses of the system of on- |
19 | street parking regulation as follows: |
20 | (i) Up to $35,000,000 in the aggregate after taking |
21 | into account any monthly remittances to the city in which |
22 | it is located. |
23 | (ii) In the event the net annual revenue of the |
24 | system of on-street parking regulation exceeds |
25 | $35,000,000, the authority shall transfer all of the |
26 | excess to the general fund of a school district of the |
27 | first class coterminous with the city. |
28 | (3) The amount set forth in paragraph (2)(i) shall be |
29 | adjusted each fiscal year beginning with the fiscal year |
30 | ending in 2014 by increasing the $35,000,000 aggregate amount |
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1 | by an amount equal to $35,000,000 multiplied by the |
2 | percentage increase, if any, in the gross revenue generated |
3 | by the system of on-street parking regulation. No adjustment |
4 | shall be made if the gross revenue generated by the system of |
5 | on-street parking regulation did not increase over the prior |
6 | fiscal year. |
7 | (4) The provisions of section 696(h)(1) of the act of |
8 | March 10, 1949 (P.L.30, No.14), known as the Public School |
9 | Code of 1949, shall not apply to amounts transferred to a |
10 | school district of the first class under this subsection. Any |
11 | portion of the excess net revenue of the system of on-street |
12 | parking regulation not transferred to a school district of |
13 | the first class must be transferred to the city of the first |
14 | class in which the authority is located. |
15 | (5) As used in this subsection, the following words and |
16 | phrases shall have the meanings given to them in this |
17 | paragraph: |
18 | "Administer." To provide any services or materials |
19 | necessary to enforce any ordinance or resolution enacted in |
20 | order to regulate or prohibit the stopping, standing or |
21 | parking of motor vehicles in a city of the first class or |
22 | those certain stopping, standing and parking provisions |
23 | provided in sections 3351, 3353 and 3354, including, but not |
24 | limited to: |
25 | (i) The installation and maintenance of all |
26 | equipment, including parking meters, on and along |
27 | highways, streets and roadways. |
28 | (ii) The installation and maintenance of all |
29 | signage, including signage for handicapped parking, |
30 | residential permit parking and loading areas, on and |
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1 | along highways, streets and roadways. |
2 | (iii) The operation and management of any |
3 | handicapped parking, residential parking and loading area |
4 | permit programs. |
5 | "Enforce." The issuance of parking violation notices or |
6 | citations, the immobilization, towing and impoundment of |
7 | motor vehicles and the collection of fines, penalties, costs |
8 | and fees, including independent collection agency fees, for |
9 | violations of any ordinance or resolution enacted in order to |
10 | regulate or prohibit the stopping, standing or parking of |
11 | motor vehicles in a city of the first class and those certain |
12 | stopping, standing and parking provisions provided in this |
13 | section and sections 3351, 3353 and 3354. |
14 | (h) Delegation of powers in cities of the second and third |
15 | class.-- |
16 | (1) Notwithstanding any contrary provision of 53 Pa.C.S. |
17 | Ch. 55 or this title, beginning on January 1, 2005, the |
18 | parking authority of a city of the second class shall enforce |
19 | and administer all ordinances and resolutions enacted or |
20 | adopted by the city of the second class pursuant to the |
21 | powers specified under subsection (a)(1) and those certain |
22 | stopping, standing and parking provisions provided in |
23 | sections 3351 (relating to stopping, standing and parking |
24 | outside [of] business and residence districts), 3353 |
25 | (relating to prohibitions in specified places) and 3354 |
26 | (relating to additional parking regulations). |
27 | (1.1) Notwithstanding a provision of 53 Pa.C.S. Ch. 55 |
28 | or this title to the contrary, beginning on January 1, 2012, |
29 | the parking authority of a city of the third class may |
30 | enforce and administer ordinances and resolutions enacted or |
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1 | adopted by the city of the third class under the powers |
2 | specified under subsection (a)(1) and those certain stopping, |
3 | standing and parking provisions provided in sections 3351, |
4 | 3353 and 3354. |
5 | (2) Beginning on March 1, 2005, the parking authority of |
6 | a city of the second class shall enter into an agreement with |
7 | the city of the second class for the transfer of a portion of |
8 | the fines, penalties and costs collected pursuant to this |
9 | subsection, which the parking authority board deems |
10 | reasonable, to the city of the second class. |
11 | (2.1) Beginning on March 1, 2012, the parking authority |
12 | of a city of the third class may enter into an agreement with |
13 | the city of the third class for the transfer of a portion of |
14 | the fines, penalties and costs collected under this |
15 | subsection, which the parking authority board deems |
16 | reasonable, to the city of the third class. |
17 | (3) As used in this subsection, the following words and |
18 | phrases shall have the meanings given to them in this |
19 | paragraph: |
20 | "Administer." To provide any services or materials |
21 | necessary to enforce any ordinance or resolution enacted in |
22 | order to regulate or prohibit the stopping, standing or |
23 | parking of motor vehicles in a city of the second class or |
24 | those certain stopping, standing and parking provisions |
25 | provided in sections 3351, 3353 and 3354, including, but not |
26 | limited to: |
27 | (i) The installation and maintenance of all |
28 | equipment, including parking meters, on and along |
29 | highways, streets and roadways. |
30 | (ii) The installation and maintenance of all |
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1 | signage, including signage for handicapped parking, |
2 | residential permit parking and loading areas, on and |
3 | along highways, streets and roadways. |
4 | (iii) The operation and management of any |
5 | handicapped parking, residential parking and loading area |
6 | permit programs. |
7 | (iv) The adjudication of all disputed parking |
8 | violation notices or citations issued through enforcement |
9 | by the parking authority in a city of the second class. |
10 | "Enforce." The issuance of parking violation notices or |
11 | citations, the immobilization, towing and impoundment of |
12 | motor vehicles and the collection of fines, penalties and |
13 | costs, including independent collection agency fees, for |
14 | violations of any ordinance or resolution enacted in order to |
15 | regulate or prohibit the stopping, standing or parking of |
16 | motor vehicles in a city of the second class and those |
17 | certain stopping, standing and parking provisions provided in |
18 | sections 3351, 3353 and 3354. |
19 | Section 3. This act shall take effect in 60 days. as | <-- |
20 | follows: |
21 | (1) The following provisions shall take effect |
22 | immediately: |
23 | (i) This section. |
24 | (ii) The amendment of 75 Pa.C.S. § 3116(q). |
25 | (2) The remainder of this act shall take effect in 60 |
26 | days. |
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