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| PRIOR PRINTER'S NO. 1342 | PRINTER'S NO. 2835 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GEIST, CARROLL, BOYD, D. COSTA, CUTLER, DALEY, DENLINGER, J. EVANS, EVERETT, GILLEN, GILLESPIE, GINGRICH, GROVE, HESS, M. K. KELLER, KIRKLAND, MARSHALL, MILLARD, MILLER, MOUL, MURT, SONNEY, VULAKOVICH AND DAVIDSON, MARCH 29, 2011 |
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| AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 7, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for automated red light | <-- |
3 | enforcement systems in first class cities, for applicability |
4 | and uniformity of law and for disposition and use of liquid |
5 | fuels and fuels tax. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 6101 of Title 75 of the Pennsylvania | <-- |
9 | Consolidated Statutes is amended to read: |
10 | Section 1. Section 3116(l)(2) and (q) of Title 75 of the | <-- |
11 | Pennsylvania Consolidated Statutes are amended and the section |
12 | is amended by adding a subsection to read: |
13 | § 3116. Automated red light enforcement systems in first class |
14 | cities. |
15 | * * * |
16 | (l) Payment of fine.-- |
17 | * * * |
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1 | (2) Payment must be made personally, through an |
2 | authorized agent or by mailing both payment and the notice of |
3 | violation to the system administrator. Payment by mail must |
4 | be made only by money order, credit card or check made |
5 | payable to the system administrator. The system administrator |
6 | shall remit the fine, less the system administrator's |
7 | operation and maintenance costs necessitated by this section, |
8 | to the department for deposit into the Motor License Fund. |
9 | Fines deposited in the fund under this paragraph shall be |
10 | used by the department to develop, by regulation, a |
11 | Transportation Enhancements Grant Program. The department |
12 | shall award transportation enhancement grants on a |
13 | competitive basis. The department may not reserve, designate |
14 | or set aside any specific level of funds or percentage of |
15 | funds to an applicant prior to the completion of the |
16 | application process, nor may the department designate a set |
17 | percentage of funds to an applicant. |
18 | * * * |
19 | (p.1) Sanctions.-- |
20 | (1) When a court of competent jurisdiction determines |
21 | and notifies the department that a city of the first class is |
22 | in violation of subsection (o) or (p), commencing 40 days |
23 | following entry of a final order, unless an appeal has been |
24 | timely filed with a court of record, the sanctions provided |
25 | under section 6101(b) (relating to applicability and |
26 | uniformity of title) apply until the court determines that |
27 | the city is in substantial compliance with subsection (o) or |
28 | (p), as applicable. |
29 | (2) Upon notification that the city of the first class |
30 | is in substantial compliance with subsection (o) or (p), as |
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1 | applicable, the department shall immediately end all |
2 | sanctions against the city and return all suspended funds to |
3 | the city. |
4 | (q) Expiration.--This section shall expire December 31, |
5 | [2011] 2016. |
6 | Section 2. Section 6101 of Title 75 is amended to read: |
7 | § 6101. Applicability and uniformity of title. |
8 | (a) Requirement.--The provisions of this title shall be |
9 | applicable and uniform throughout this Commonwealth and in all |
10 | political subdivisions in this Commonwealth, and no local |
11 | authority shall enact or enforce any ordinance on a matter |
12 | covered by the provisions of this title unless expressly |
13 | authorized. |
14 | (b) Sanctions.--When a court of competent jurisdiction |
15 | determines and notifies the department that an ordinance adopted | <-- |
16 | by a local authority is in violation of subsection (a), the | <-- |
17 | local authority is subject to commencing 40 days following entry | <-- |
18 | of a final order, unless an appeal has been timely filed with a |
19 | court of record, the following sanctions apply until the local | <-- |
20 | authority repeals or substantially amends the ordinance to |
21 | remove the language that was found to be in violation of |
22 | subsection (a): |
23 | (1) Suspension of unobligated capital expenditures for | <-- |
24 | bridges and highways. |
25 | (2) Suspension of allocation under the act of June 1, |
26 | 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels |
27 | Tax Municipal Allocation Law. |
28 | (3) Suspension of allocation and apportionment under |
29 | section 9010(c.1) (relating to disposition and use of tax). |
30 | (4) Suspension of expenditures from the special fund | <-- |
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1 | into which allocations under the act of June 1, 1956 (1955 |
2 | P.L.1944, No.655), referred to as the Liquid Fuels Tax |
3 | Municipal Allocation Law, are deposited, unless a contract |
4 | for the work that is the subject of the expenditure has been |
5 | fully executed or the money has been otherwise obligated. |
6 | (c) Suspended funds.--Upon notification that the local |
7 | authority has repealed or substantially amended the ordinance to |
8 | remove the language that was found to be in violation of |
9 | subsection (a), the department shall immediately end all |
10 | sanctions against the local authority and return all suspended |
11 | funds to the local authority. |
12 | Section 2 3. Section 9010(c) introductory paragraph of Title | <-- |
13 | 75 is amended and the section is amended by adding subsections |
14 | to read: |
15 | § 9010. Disposition and use of tax. |
16 | * * * |
17 | (c) Allocation of money.--[The] Except as set forth in |
18 | subsection (c.1), the county commissioners may allocate and |
19 | apportion money from the County Liquid Fuels Tax Fund to the |
20 | political subdivisions within the county in the ratio as |
21 | provided in this subsection. When the unencumbered balance in |
22 | the County Liquid Fuels Tax Fund is greater than the receipts |
23 | for the 12 months immediately preceding the date of either of |
24 | the reports, the county commissioners shall notify the political |
25 | subdivisions to make application within 90 days for |
26 | participation in the redistribution of the unencumbered balance. |
27 | Redistribution shall be effected within 120 days of the date of |
28 | either of the reports. The county commissioners may distribute |
29 | the unencumbered balance in excess of 50% of the receipts for |
30 | the previous 12 months to the political subdivisions making |
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1 | application in the following manner: |
2 | * * * |
3 | (c.1) Forfeiture.--All money allocated under subsection (c) | <-- |
4 | (c.1) Forfeiture.-- | <-- |
5 | (1) All money allocated under subsection (c) to a |
6 | political subdivision which, under section 6109(a) (relating |
7 | to specific powers of department and local authorities), |
8 | violates section 6101(a) (relating to applicability and |
9 | uniformity of title) shall be withheld by the county during |
10 | the period of time in which the municipality is in violation |
11 | of section 6101(a). |
12 | (c.2) Release funds.--Upon notification that the local | <-- |
13 | (2) All money to be allocated under subsection (c) to a | <-- |
14 | city of the first class that is subject to the sanctions |
15 | under section 3116(p.1) (relating to automated red light |
16 | enforcement systems in first class cities) shall be withheld |
17 | by the department during the period of time in which the city |
18 | is subject to the sanctions. |
19 | (c.2) Release of funds.-- |
20 | (1) Upon notification that the local authority has |
21 | repealed or substantially amended the ordinance to remove the |
22 | language that was found to be in violation of section |
23 | 6101(a), the county shall release those funds withheld by the |
24 | county and due the local agency authority. | <-- |
25 | (2) Upon notification that the city of the first class | <-- |
26 | is no longer subject to the sanctions under section |
27 | 3116(p.1), the department shall release those funds withheld |
28 | and due the city. |
29 | * * * |
30 | Section 4. The provisions of 67 Pa. Code Ch. 233 are | <-- |
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1 | abrogated to the extent they are inconsistent with the amendment |
2 | of 75 Pa.C.S. § 3116(l)(2). |
3 | Section 3 5. This act shall take effect as follows: | <-- |
4 | (1) The amendment or addition of 75 Pa.C.S. § 9010(c) |
5 | and (c.1) shall take effect January 1, 2012. |
6 | (2) This section shall take effect immediately. |
7 | (3) The remainder of this act shall take effect in 60 |
8 | days. |
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