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        PRIOR PRINTER'S NO. 274                       PRINTER'S NO. 3637

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 248 Session of 2005


        INTRODUCED BY HESS, GEIST, STERN, READSHAW, ARMSTRONG, BAKER,
           BALDWIN, BASTIAN, BELARDI, BELFANTI, BUNT, CALTAGIRONE,
           CAPPELLI, CAUSER, CAWLEY, CLYMER, CRAHALLA, CREIGHTON,
           FAIRCHILD, FLEAGLE, GINGRICH, GODSHALL, GOODMAN, HENNESSEY,
           HERMAN, HERSHEY, HUTCHINSON, LEH, MACKERETH, MARKOSEK,
           MARSICO, McILHATTAN, R. MILLER, NICKOL, PETRARCA, PHILLIPS,
           REED, ROHRER, ROSS, RUBLEY, SATHER, SCAVELLO, SCHRODER,
           SHANER, B. SMITH, STABACK, STEIL, SURRA, E. Z. TAYLOR, WALKO,
           WILT, WOJNAROSKI, YOUNGBLOOD, BOYD, MAJOR, S. MILLER, SEMMEL,
           SAINATO, PAYNE, PICKETT, DALEY, KAUFFMAN, TURZAI, DENLINGER,
           HARPER AND McGILL, FEBRUARY 8, 2005

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MARCH 6, 2006

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for UNATTENDED CHILDREN IN MOTOR   <--
     3     VEHICLES, FOR legislative review of State highway transfers
     4     and for allocation of proceeds from taxes for highway
     5     maintenance and construction.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 3701.1(B), 9208 and 9511(b) and (g)(1)    <--
     9  of Title 75 of the Pennsylvania Consolidated Statutes are
    10  amended to read:
    11  § 3701.1.  LEAVING AN UNATTENDED CHILD IN A MOTOR VEHICLE.        <--
    12     * * *
    13     (B)  PENALTY.--A PERSON WHO VIOLATES THIS SECTION COMMITS A
    14  SUMMARY OFFENSE. IT IS A SEPARATE OFFENSE FOR EACH CHILD LEFT


     1  UNATTENDED.
     2  [§ 9208.  Periodic review by General Assembly.
     3     Every two years the transportation committees of the House of
     4  Representatives and the Senate shall hold joint public hearings
     5  and jointly review the performance and effectiveness of the
     6  program of highway transfer established by this chapter. The
     7  committees shall make a joint report to the Speaker of the House
     8  of Representatives, the President pro tempore of the Senate and
     9  the House and Senate appropriations committees.]
    10  § 9511.  Allocation of proceeds.
    11     * * *
    12     (b)  State Highway Transfer Restoration Restricted Account.--
    13  The amount of the proceeds deposited in the Motor License Fund
    14  pursuant to this chapter which, in any fiscal year [1983-1984],
    15  is attributable to [two] four mills of the tax imposed under
    16  section 9502(a) (relating to imposition of tax) [and which, in
    17  fiscal year 1984-1985 and thereafter, is attributable to three
    18  mills of the tax,] shall be deposited in the State Highway
    19  Transfer Restoration Restricted Account within the Motor License
    20  Fund, which account is hereby created. The funds deposited in
    21  the State Highway Transfer Restoration Restricted Account are
    22  hereby annually appropriated out of the account upon
    23  authorization by the Governor for expenditure as provided in
    24  subsection (g).
    25     * * *
    26     (g)  Use of funds.--The funds appropriated in subsection (b)
    27  shall be used to pay for the costs of restoration of such
    28  highways as provided in Chapter 92 (relating to transfer of
    29  State highways) and annual payments to the municipalities for
    30  highway maintenance in accordance with the following:
    20050H0248B3637                  - 2 -     

     1         (1)  Annual maintenance payments shall be at the rate of
     2     [$2,500] $3,000 per mile for each highway or portion of
     3     highway transferred under Chapter 92 [(relating to transfer
     4     of State highways)], section 222 of the act of June 1, 1945
     5     (P.L.1242, No.428), known as the State Highway Law, or any
     6     statute enacted in 1981.
     7         * * *
     8     Section 2.  This act shall take effect July 1, 2005, or
     9  immediately, whichever is later.














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