| H1803B2310A10784 BIL:JSL 05/25/12 #90 A10784 |
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| AMENDMENTS TO HOUSE BILL NO. 1803 |
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| Printer's No. 2310 |
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1 | Amend Bill, page 1, line 2, by inserting after "Statutes," |
2 | further providing for automated red light enforcement |
3 | systems in first class cities; and |
4 | Amend Bill, page 1, lines 6 and 7, by striking out all of |
5 | said lines and inserting |
6 | Section 1. Section 3116(e)(3), (f), (i)(3), (l) and (q) of |
7 | Title 75 of the Pennsylvania Consolidated Statutes, amended |
8 | December 22, 2011 (P.L.596, No.129), are amended to read: |
9 | § 3116. Automated red light enforcement systems in first class |
10 | cities. |
11 | * * * |
12 | (e) Limitations.-- |
13 | * * * |
14 | (3) Notwithstanding any other provision of law, |
15 | information prepared under this section and information |
16 | relating to violations under this section which is kept by |
17 | the city of the first class, its authorized agents or its |
18 | employees, including recorded images, written records, |
19 | reports or facsimiles, names, addresses and the number of |
20 | violations under this section, shall be for the exclusive use |
21 | of the city, its authorized agents, its employees and law |
22 | enforcement officials for the purpose of discharging their |
23 | duties under this section and under any ordinances and |
24 | resolutions of the city. The information shall not be deemed |
25 | a public record under the act of [June 21, 1957 (P.L.390, |
26 | No.212), referred to] February 14, 2008 (P.L.6, No.3), known |
27 | as the Right-to-Know Law. The information shall not be |
28 | discoverable by court order or otherwise, nor shall it be |
29 | offered in evidence in any action or proceeding which is not |
30 | directly related to a violation of this section or any |
31 | ordinance or resolution of the city. The restrictions set |
32 | forth in this paragraph shall not be deemed to preclude a |
33 | court of competent jurisdiction from issuing an order |
34 | directing that the information be provided to law enforcement |
35 | officials if the information is reasonably described and is |
36 | requested solely in connection with a criminal law |
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1 | enforcement action. |
2 | * * * |
3 | (f) Defenses.-- |
4 | (1) It shall be a defense to a violation under this |
5 | section that the person named in the notice of the violation |
6 | was not operating the vehicle at the time of the violation. |
7 | The owner may be required to submit evidence that the owner |
8 | was not the driver at the time of the alleged violation. The |
9 | city of the first class may not require the owner of the |
10 | vehicle to disclose the identity of the operator of the |
11 | vehicle at the time of the violation. |
12 | (2) If an owner receives a notice of violation pursuant |
13 | to this section of a time period during which the vehicle was |
14 | reported to a police department of any state or municipality |
15 | as having been stolen, it shall be a defense to a violation |
16 | pursuant to this section that the vehicle has been reported |
17 | to a police department as stolen prior to the time the |
18 | violation occurred and had not been recovered prior to that |
19 | time. |
20 | (3) It shall be a defense to a violation under this |
21 | section that the person receiving the notice of violation was |
22 | not the owner of the vehicle at the time of the offense. |
23 | (4) It shall be a defense to a violation under this |
24 | section that the person receiving the notice of violation was |
25 | driving a bus with passengers on board at the time of the |
26 | violation and that a sudden stop could have injured those |
27 | passengers. |
28 | * * * |
29 | (i) System administrator.-- |
30 | * * * |
31 | (3) The system administrator shall submit an annual |
32 | report to the chairman and the minority chairman of the |
33 | Transportation Committee of the Senate and the chairman and |
34 | minority chairman of the Transportation Committee of the |
35 | House of Representatives. The report shall be considered a |
36 | public record under the Right-to-Know Law and include for the |
37 | prior year: |
38 | (i) The number of violations and fines issued. |
39 | (ii) A compilation of fines paid and outstanding. |
40 | (iii) The amount of money paid to a vendor or |
41 | manufacturer under this section. |
42 | * * * |
43 | (l) Payment of fine.-- |
44 | (1) An owner to whom a notice of violation has been |
45 | issued may admit responsibility for the violation and pay the |
46 | fine provided in the notice. |
47 | (2) Payment must be made personally, through an |
48 | authorized agent or by mailing both payment and the notice of |
49 | violation to the system administrator. Payment by mail must |
50 | be made only by money order, credit card or check made |
51 | payable to the system administrator. The system administrator |
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1 | shall remit the fine, less the system administrator's |
2 | operation and maintenance costs necessitated by this section, |
3 | to the department for deposit into the Motor License Fund. |
4 | Fines deposited in the fund under this paragraph shall be |
5 | used by the department to develop, by regulation, a |
6 | Transportation Enhancements Grant Program. The department |
7 | shall award transportation enhancement grants on a |
8 | competitive basis. The department may pay any actual |
9 | administrative costs arising from its administration of this |
10 | section. The department may not reserve, designate or set |
11 | aside any specific level of funds or percentage of funds to |
12 | an applicant prior to the completion of the application |
13 | process, nor may the department designate a set percentage of |
14 | funds to an applicant. Grants shall be awarded by the |
15 | department on recommendation of a selection committee |
16 | consisting of four representatives of the department |
17 | appointed by the secretary and four members appointed by the |
18 | mayor of the city of the first class. |
19 | (3) Payment of the established fine and applicable |
20 | penalties shall operate as a final disposition of the case. |
21 | * * * |
22 | (q) Expiration.--This section shall expire [June 30, 2012] |
23 | December 31, 2016. |
24 | Section 2. Section 6109(h) of Title 75 is amended to read: |
25 | Amend Bill, page 3, line 27, by striking out "2" and |
26 | inserting |
27 | 3 |
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