THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, CREIGHTON, DONATUCCI, GEIST, GILLESPIE, GODSHALL, MAHONEY, MURT, STURLA, SWANGER AND YOUNGBLOOD, AUGUST 10, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 6, 2012   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for automated red light

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enforcement systems in first class cities and for specific

powers of department and local authorities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6109(h) of Title 75 of the Pennsylvania

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Consolidated Statutes is amended to read:

Section 1.  Section 3116(e)(3), (f), (i)(3), (l) and (q) of

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Title 75 of the Pennsylvania Consolidated Statutes, amended

December 22, 2011 (P.L.596, No.129), are amended to read:

§ 3116.  Automated red light enforcement systems in first class

cities.

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(e)  Limitations.--

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(3)  Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the city of the first class, its authorized agents or its

employees, including recorded images, written records,

reports or facsimiles, names, addresses and the number of

violations under this section, shall be for the exclusive use

of the city, its authorized agents, its employees and law

enforcement officials for the purpose of discharging their

duties under this section and under any ordinances and

resolutions of the city. The information shall not be deemed

a public record under the act of [June 21, 1957 (P.L.390,

No.212), referred to] February 14, 2008 (P.L.6, No.3), known 

as the Right-to-Know Law. The information shall not be

discoverable by court order or otherwise, nor shall it be

offered in evidence in any action or proceeding which is not

directly related to a violation of this section or any

ordinance or resolution of the city. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

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(f)  Defenses.--

(1)  It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not operating the vehicle at the time of the violation.

The owner may be required to submit evidence that the owner

was not the driver at the time of the alleged violation. The

city of the first class may not require the owner of the

vehicle to disclose the identity of the operator of the

vehicle at the time of the violation.

(2)  If an owner receives a notice of violation pursuant

to this section of a time period during which the vehicle was

reported to a police department of any state or municipality

as having been stolen, it shall be a defense to a violation

pursuant to this section that the vehicle has been reported

to a police department as stolen prior to the time the

violation occurred and had not been recovered prior to that

time.

(3)  It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the vehicle at the time of the offense.

(4)  It shall be a defense to a violation under this

section that the person receiving the notice of violation was

driving a bus with passengers on board at the time of the

violation and that a sudden stop could have injured those

passengers.

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(i)  System administrator.--

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(3)  The system administrator shall submit an annual

report to the chairman and the minority chairman of the

Transportation Committee of the Senate and the chairman and

minority chairman of the Transportation Committee of the

House of Representatives. The report shall be considered a

public record under the Right-to-Know Law and include for the

prior year:

(i)  The number of violations and fines issued.

(ii)  A compilation of fines paid and outstanding.

(iii)  The amount of money paid to a vendor or

manufacturer under this section.

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(l)  Payment of fine.--

(1)  An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay the

fine provided in the notice.

(2)  Payment must be made personally, through an

authorized agent or by mailing both payment and the notice of

violation to the system administrator. Payment by mail must

be made only by money order, credit card or check made

payable to the system administrator. The system administrator

shall remit the fine, less the system administrator's

operation and maintenance costs necessitated by this section,

to the department for deposit into the Motor License Fund.

Fines deposited in the fund under this paragraph shall be

used by the department to develop, by regulation, a

Transportation Enhancements Grant Program. The department

shall award transportation enhancement grants on a

competitive basis. The department may pay any actual

administrative costs arising from its administration of this

section. The department may not reserve, designate or set

aside any specific level of funds or percentage of funds to

an applicant prior to the completion of the application

process, nor may the department designate a set percentage of

funds to an applicant. Grants shall be awarded by the

department on recommendation of a selection committee

consisting of four representatives of the department

appointed by the secretary and four members appointed by the

mayor of the city of the first class.

(3)  Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

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(q)  Expiration.--This section shall expire [June 30, 2012] 

December 31, 2016.

Section 2.  Section 6109(a)(1), (f) and (h) of Title 75 are

amended and the section is amended by adding a subsection to

read:

§ 6109.  Specific powers of department and local authorities.

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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-

designated highways and local authorities on streets or highways

within their physical boundaries from the reasonable exercise of

their police powers. The following are presumed to be reasonable

exercises of police power:

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

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

parking.

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

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

section shall be deemed to prevent local authorities by

ordinance or resolution of the local governing body from

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

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

(relating to parking authorities).

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

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

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

parking authority of a city of the first class shall enforce

and administer the system of on-street parking regulation in

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

of on-street parking regulation shall include all ordinances

and resolutions enacted or adopted by the city of the first

class pursuant to the powers specified under subsection (a)

(1) and those certain stopping, standing and parking

provisions provided in sections 3351 (relating to stopping,

standing and parking outside business and residence

districts), 3353 (relating to prohibitions in specified

places) and 3354 (relating to additional parking

regulations).

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

street parking regulation authorized by this subsection shall

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

first class and disbursed as provided in this paragraph,

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

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

its fiscal years, the authority shall transfer the revenues

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

operating and administrative expenses of the system of on-

street parking regulation as follows:

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

into account any monthly remittances to the city in which

it is located.

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

system of on-street parking regulation exceeds

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

excess to the general fund of a school district of the

first class coterminous with the city.

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

adjusted each fiscal year beginning with the fiscal year

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

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

percentage increase, if any, in the gross revenue generated

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

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

on-street parking regulation did not increase over the prior

fiscal year.

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

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

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

school district of the first class under this subsection. Any

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

parking regulation not transferred to a school district of

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

class in which the authority is located.

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

phrases shall have the meanings given to them in this

paragraph:

"Administer."  To provide any services or materials

necessary to enforce any ordinance or resolution enacted in

order to regulate or prohibit the stopping, standing or

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

those certain stopping, standing and parking provisions

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

limited to:

(i)  The installation and maintenance of all

equipment, including parking meters, on and along

highways, streets and roadways.

(ii)  The installation and maintenance of all

signage, including signage for handicapped parking,

residential permit parking and loading areas, on and

along highways, streets and roadways.

(iii)  The operation and management of any

handicapped parking, residential parking and loading area

permit programs.

"Enforce."  The issuance of parking violation notices or

citations, the immobilization, towing and impoundment of

motor vehicles and the collection of fines, penalties, costs

and fees, including independent collection agency fees, for

violations of any ordinance or resolution enacted in order to

regulate or prohibit the stopping, standing or parking of

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

stopping, standing and parking provisions provided in this

section and sections 3351, 3353 and 3354.

(h)  Delegation of powers in cities of the second and third 

class.--

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

Ch. 55 or this title, beginning on January 1, 2005, the

parking authority of a city of the second class shall enforce

and administer all ordinances and resolutions enacted or

adopted by the city of the second class pursuant to the

powers specified under subsection (a)(1) and those certain

stopping, standing and parking provisions provided in

sections 3351 (relating to stopping, standing and parking

outside [of] business and residence districts), 3353

(relating to prohibitions in specified places) and 3354

(relating to additional parking regulations).

(1.1)  Notwithstanding a provision of 53 Pa.C.S. Ch. 55

or this title to the contrary, beginning on January 1, 2012,

the parking authority of a city of the third class may

enforce and administer ordinances and resolutions enacted or

adopted by the city of the third class under the powers

specified under subsection (a)(1) and those certain stopping,

standing and parking provisions provided in sections 3351,

3353 and 3354.

(2)  Beginning on March 1, 2005, the parking authority of

a city of the second class shall enter into an agreement with

the city of the second class for the transfer of a portion of

the fines, penalties and costs collected pursuant to this

subsection, which the parking authority board deems

reasonable, to the city of the second class.

(2.1)  Beginning on March 1, 2012, the parking authority

of a city of the third class may enter into an agreement with

the city of the third class for the transfer of a portion of

the fines, penalties and costs collected under this

subsection, which the parking authority board deems

reasonable, to the city of the third class.

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

phrases shall have the meanings given to them in this

paragraph:

"Administer."  To provide any services or materials

necessary to enforce any ordinance or resolution enacted in

order to regulate or prohibit the stopping, standing or

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

those certain stopping, standing and parking provisions

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

limited to:

(i)  The installation and maintenance of all

equipment, including parking meters, on and along

highways, streets and roadways.

(ii)  The installation and maintenance of all

signage, including signage for handicapped parking,

residential permit parking and loading areas, on and

along highways, streets and roadways.

(iii)  The operation and management of any

handicapped parking, residential parking and loading area

permit programs.

(iv)  The adjudication of all disputed parking

violation notices or citations issued through enforcement

by the parking authority in a city of the second class.

"Enforce."  The issuance of parking violation notices or

citations, the immobilization, towing and impoundment of

motor vehicles and the collection of fines, penalties and

costs, including independent collection agency fees, for

violations of any ordinance or resolution enacted in order to

regulate or prohibit the stopping, standing or parking of

motor vehicles in a city of the second class and those

certain stopping, standing and parking provisions provided in

sections 3351, 3353 and 3354.

Section 2 3.  This act shall take effect in 60 days.

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