H1284B1400A00917 MSP:JSL 06/09/23 #90 A00917
AMENDMENTS TO HOUSE BILL NO. 1284
Sponsor: REPRESENTATIVE HOHENSTEIN
Printer's No. 1400
Amend Bill, page 1, line 3, by striking out "for meeting or
overtaking school bus,"
Amend Bill, page 1, lines 4 and 5, by striking out ", for
automated speed enforcement systems in active work zones"
Amend Bill, page 1, lines 12 through 21; page 2, lines 1
through 18; by striking out all of said lines on said pages and
inserting
Section 1. Sections 3345.1 and 3370 heading, (a), (b), (d)
(2), (j)(3) introductory paragraph, (n)(2) and (q) of Title 75
of the Pennsylvania Consolidated Statutes are amended to read:
Amend Bill, page 3, line 6, by inserting after "(f)."
For the purposes of this section, the lessee of a motor
vehicle shall be considered the owner of a leased vehicle.
Amend Bill, page 8, lines 7 through 9, by striking out "The
school entity may not require the owner of the" in line 7 and
all of lines 8 and 9 and inserting
The owner of the motor vehicle may not be required to
disclose the identity of the operator of the motor vehicle at
the time of the violation.
Amend Bill, page 8, by inserting between lines 21 and 22
(6) It shall be a defense to a violation under this
section that the device being used under this section was not
in compliance with the department's regulations with respect
to testing for accuracy, certification or calibration.
Amend Bill, page 9, by inserting between lines 12 and 13
(4) Compensation under an agreement authorized by this
section shall not require a minimum or maximum number of
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violations to be issued that would impact the compensation to
the system administrator.
(5) The school entity, or the system administrator on
the school entity's behalf, shall provide notice through a
publicly accessible Internet website that provides program
information, number of equipped systems, program questions
and system administrator processing information. The notice
on the website shall remain publicly accessible throughout
the period of use. If the system administrator is providing
the notice on the school entity's behalf, the notice must
identify the school entity.
(6) The school entity, or the system administrator on
the school entity's behalf, shall establish an electronic
system where all violations can be viewed by the primary
police department and the hearing officer as specified in
subsection (e).
(7) The department may audit a school entity or system
administrator to ensure compliance with this section as
determined by the department.
Amend Bill, page 10, by inserting between lines 3 and 4
(4) Not later than July 1 annually, the school entity,
or the system administrator on the school entity's behalf,
shall submit a report to the department and the Pennsylvania
State Police for the preceding calendar year. The information
shall be compiled by the department and the Pennsylvania
State Police into a report to be jointly submitted to the
chairperson and minority chairperson of the Transportation
Committee of the Senate and the chairperson and minority
chairperson of the Transportation Committee of the House of
Representatives by no later than December 31 annually. The
report shall be a public record under the Right-to-Know Law
and include:
(i) The name of the system administrator.
(ii) The number of school buses equipped with a side
stop signal arm enforcement system.
(iii) The number of notices of violation issued.
(iv) The amount of fines imposed and collected.
(v) The amounts paid under agreements authorized by
this section for program operations and maintenance.
(vi) Identification and results of contested
violations.
(vii) Use of additional revenue funds from the
program.
Amend Bill, page 15, lines 7 and 8, by striking out all of
line 7 and "administrator on the school entity's behalf," in
line 8
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Amend Bill, page 15, line 10, by inserting after "form"
or electronically
Amend Bill, page 16, line 2, by inserting after "novo."
A magisterial district judge shall be restricted to
finding an owner liable or not liable for violating this
section, and shall not assign damages to an owner or
otherwise impose penalties on primary police departments,
police officers, school entities or system administrators.
Amend Bill, page 20, lines 22 through 30; pages 21 through
25, lines 1 through 30; page 26, lines 1 through 9; by striking
out all of said lines on said pages
Amend Bill, page 27, lines 17 through 30; page 28, lines 1
and 2; by striking out all of said lines on said pages and
inserting
(iii) Prior to passage of the ordinance under
subsection (a), the governing body of a city of the first
class gave public notice of the governing body's intent
to adopt the ordinance and conducted at least one
opportunity for public comment regarding the proposed
adoption of the ordinance. The requirement under this
subparagraph shall not apply to an automated speed
enforcement system in a city of the first class
authorized prior to the effective date of this
subparagraph.
* * *
(j) System administrator.--The following shall apply:
* * *
(3) Not later than [April] September 1 annually, the
system administrator shall submit an annual report to the
chairperson and the minority chairperson of the
Transportation Committee of the Senate and the chairperson
and minority chairperson 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:
* * *
Amend Bill, page 30, by inserting between lines 7 and 8
(iv) Prior to passage of the ordinance under
subsection (a), the governing body of a city of the first
class gave public notice of the governing body's intent
to adopt the ordinance and conducted at least one
opportunity for public comment regarding the proposed
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adoption of the ordinance.
Amend Bill, page 35, line 24, by striking out "April" and
inserting
September
Amend Bill, page 39, lines 26 and 27, by striking out "The
amendment of 75 Pa.C.S. ยง 3369(k).
(ii) "
Amend Bill, page 39, line 28, by striking out "(iii)" and
inserting
(ii)
Amend Bill, page 39, line 29, by striking out "(iv)" and
inserting
(iii)
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