H1803B2310A10784     BIL:JSL  05/25/12     #90        A10784

AMENDMENTS TO HOUSE BILL NO. 1803

Sponsor: REPRESENTATIVE GEIST

Printer's No. 2310

Amend Bill, page 1, line 2, by inserting after "Statutes,"

further providing for automated red light enforcement

systems in first class cities; and 

Amend Bill, page 1, lines 6 and 7, by striking out all of

said lines and inserting

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

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.

* * *

(e)  Limitations.--

* * *

(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.

* * *

(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.

* * *

(i)  System administrator.--

* * *

(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.

* * *

(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.

* * *

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

December 31, 2016.

Section 2.  Section 6109(h) of Title 75 is amended to read:

Amend Bill, page 3, line 27, by striking out "2" and

inserting

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