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| PRIOR PRINTER'S NOS. 604, 1663 | PRINTER'S NO. 1703 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, ALLOWAY, TOMLINSON, GREENLEAF, BREWSTER, YAW AND BROWNE, FEBRUARY 18, 2011 |
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| AS AMENDED ON THIRD CONSIDERATION, OCTOBER 24, 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 display of registration plate |
3 | and for automated red light enforcement systems in first |
4 | class cities; and providing for automated red light |
5 | enforcement in certain cities. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Sections 1332(b)(2) and 3116(d)(3)(ii), (e)(3), | <-- |
9 | (i)(3), (l) and (q) of Title 75 of the Pennsylvania Consolidated |
10 | Statutes are amended to read: |
11 | § 1332. Display of registration plate. |
12 | * * * |
13 | (b) Obscuring plate.--It is unlawful to display on any |
14 | vehicle a registration plate which: |
15 | * * * |
16 | (2) is obscured in any manner which inhibits the proper |
17 | operation of an automated red light enforcement system in |
18 | place pursuant to section 3116 (relating to automated red |
19 | light enforcement systems in first class cities) or 3117 |
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1 | (relating to automated red light enforcement systems in |
2 | certain cities); or |
3 | * * * |
4 | § 3116. Automated red light enforcement systems in first class |
5 | cities. |
6 | * * * |
7 | (d) Penalty.-- |
8 | * * * |
9 | (3) A fine is not authorized during: |
10 | * * * |
11 | (ii) The first [60] 45 days for each additional |
12 | intersection selected for the automated system. |
13 | * * * |
14 | (e) Limitations.-- | <-- |
15 | * * * |
16 | (3) Notwithstanding any other provision of law, |
17 | information prepared under this section and information |
18 | relating to violations under this section which is kept by |
19 | the city of the first class, its authorized agents or its |
20 | employees, including recorded images, written records, |
21 | reports or facsimiles, names[,] and addresses [and the number |
22 | of violations under this section], shall be for the exclusive |
23 | use of the city, its authorized agents, its employees and law |
24 | enforcement officials for the purpose of discharging their |
25 | duties under this section and under any ordinances and |
26 | resolutions of the city. The information shall not be deemed |
27 | a public record under the act of [June 21, 1957 (P.L.390, |
28 | No.212), referred to] February 14, 2008 (P.L.6, No.3), known |
29 | as the Right-to-Know Law. The information shall not be |
30 | discoverable by court order or otherwise, nor shall it be |
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1 | offered in evidence in any action or proceeding which is not |
2 | directly related to a violation of this section or any |
3 | ordinance or resolution of the city. The restrictions set |
4 | forth in this paragraph shall not be deemed to preclude a |
5 | court of competent jurisdiction from issuing an order |
6 | directing that the information be provided to law enforcement |
7 | officials if the information is reasonably described and is |
8 | requested solely in connection with a criminal law |
9 | enforcement action. |
10 | * * * |
11 | (i) System administrator.-- |
12 | * * * |
13 | (3) The system administrator shall submit an annual |
14 | report to the chairman and the minority chairman of the |
15 | Transportation Committee of the Senate and the chairman and |
16 | minority chairman of the Transportation Committee of the |
17 | House of Representatives. The report shall be considered a |
18 | public record under the Right-to-Know Law and include for the |
19 | prior year: |
20 | (i) The number of violations and fines issued. |
21 | (ii) A compilation of fines paid and outstanding. |
22 | (iii) The amount of money paid to a vendor or |
23 | manufacturer under this section. |
24 | * * * |
25 | (l) Payment of fine.-- |
26 | (1) An owner to whom a notice of violation has been |
27 | issued may admit responsibility for the violation and pay the |
28 | fine provided in the notice. |
29 | (2) Payment must be made personally, through an |
30 | authorized agent or by mailing both payment and the notice of |
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1 | violation to the system administrator. Payment by mail must |
2 | be made only by money order, credit card or check made |
3 | payable to the system administrator. The system administrator |
4 | shall remit the fine, less the system administrator's |
5 | operation and maintenance costs necessitated by this section, |
6 | to the department for deposit into the Motor License Fund. |
7 | [Fines deposited in the fund under this paragraph shall be |
8 | used by the department to develop, by regulation, a |
9 | Transportation Enhancements Grant Program.] Except as |
10 | otherwise provided under paragraphs (4) and (5), the |
11 | department shall use the fines deposited in the fund under |
12 | this paragraph as prescribed under 67 Pa. Code Ch. 233 |
13 | (relating to transportation enhancement grants from automated |
14 | red light enforcement system revenues). |
15 | (3) Payment of the established fine and applicable |
16 | penalties shall operate as a final disposition of the case. |
17 | (4) Distribution of fine revenue under paragraph (2) |
18 | shall be as follows: |
19 | (i) Fifty percent of the revenue generated through |
20 | an automated red light enforcement program under this |
21 | section shall be used exclusively for funding of |
22 | transportation enhancement grants in the city in which |
23 | the violation was prosecuted as provided under 67 Pa. |
24 | Code § 233.8(g)(1) (relating to grant selection process |
25 | and criteria). |
26 | (ii) Fifty percent of the revenues generated through |
27 | the automated red light enforcement program shall be |
28 | available for funding of transportation enhancement |
29 | grants to eligible sponsors throughout this Commonwealth |
30 | as provided under 67 Pa. Code § 233.8(g)(2) except that a |
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1 | city of the first class, second class or second class A |
2 | that implements the automated red light enforcement |
3 | program shall be ineligible to receive grants under 67 |
4 | Pa. Code Ch. 233. This subparagraph shall not apply to |
5 | any grants expended or committed prior to the effective |
6 | date of this subparagraph. |
7 | (5) The department is allocated 2% of all automated red |
8 | light enforcement revenues transferred to the Motor License |
9 | Fund under this subsection for its costs in administering |
10 | transportation enhancement grants. |
11 | * * * |
12 | (q) Expiration.--This section shall expire December 31, |
13 | [2011] 2017. |
14 | Section 2. Title 75 is amended by adding a section to read: |
15 | § 3117. Automated red light enforcement systems in certain |
16 | cities. |
17 | (a) General rule.--A city, upon passage of an ordinance, is |
18 | authorized to enforce section 3112(a)(3) (relating to traffic- |
19 | control signals) by recording violations using an automated red |
20 | light enforcement system approved by the department. |
21 | (b) Applicability.--This section shall only be applicable at | <-- |
22 | intersections in a city designated by the system administrator |
23 | in consultation with the secretary. |
24 | (b) Applicability.-- | <-- |
25 | (1) This section shall only be applicable at |
26 | intersections in a city designated by the system |
27 | administrator in consultation with the secretary under the |
28 | requirements of paragraph (2). |
29 | (2) No automated red light system shall be installed |
30 | until the system administrator provides notice to the |
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1 | department of the location of each intersection. After |
2 | receiving notice and before the system may be installed, the |
3 | department shall have 60 days to review each proposed |
4 | intersection and to issue a recommendation to the system |
5 | administrator which shall include all of the following: |
6 | (i) A statement on whether the proposed intersection |
7 | is an appropriate location for an automated red light |
8 | enforcement system. |
9 | (ii) The data on which the department based the |
10 | recommendation. |
11 | (iii) The location of an alternative intersection in |
12 | the city that the department determines is appropriate |
13 | for an automated red light enforcement system. |
14 | (3) If the department does not issue a recommendation to |
15 | the system administrator within 60 days, the department shall |
16 | be deemed to recommend the intersection proposed by the |
17 | system administrator as an appropriate location. |
18 | (4) For each instance the system administrator |
19 | determines not to follow the recommendation of the department |
20 | issued under paragraph (2), the system administrator shall |
21 | provide the following in the annual report required under |
22 | subsection (j)(3): |
23 | (i) A copy of the department's recommendation. |
24 | (ii) A statement explaining the reasons for the |
25 | system administrator's decision. |
26 | (iii) The data the system administrator relied upon |
27 | in making the decision. |
28 | (c) Owner liability.--For each violation under this section, |
29 | the owner of the vehicle shall be liable for the penalty imposed |
30 | unless the owner is convicted of the same violation under |
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1 | another section of this title or has a defense under subsection |
2 | (g). |
3 | (d) Certificate as evidence.--A certificate, or a facsimile |
4 | of a certificate, based upon inspection of recorded images |
5 | produced by an automated red light enforcement system and sworn |
6 | to or affirmed by a police officer employed by the city shall be |
7 | prima facie evidence of the facts contained in it. The city must |
8 | include written documentation that the automated red light |
9 | enforcement system was operating correctly at the time of the |
10 | alleged violation. A recorded image evidencing a violation of |
11 | section 3112(a)(3) shall be admissible in any judicial or |
12 | administrative proceeding to adjudicate the liability for the |
13 | violation. |
14 | (e) Penalty.-- |
15 | (1) The penalty for a violation under subsection (a) |
16 | shall be a fine of $100 unless a lesser amount is set by |
17 | ordinance. |
18 | (2) A fine is not authorized for a violation of this |
19 | section if any of the following apply: |
20 | (i) The intersection is being manually controlled. |
21 | (ii) The signal is in the mode described in section |
22 | 3114 (relating to flashing signals). |
23 | (3) A fine is not authorized during any of the |
24 | following: |
25 | (i) The first 60 days of operation of the automated |
26 | system at the initial intersection. |
27 | (ii) The first 45 days for each additional |
28 | intersection selected for the automated system. |
29 | (4) A warning may be sent to the violator under |
30 | paragraph (3). |
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1 | (5) A penalty imposed under this section shall not be |
2 | deemed a criminal conviction and shall not be made part of |
3 | the operating record under section 1535 (relating to schedule |
4 | of convictions and points) of the individual upon whom the |
5 | penalty is imposed, nor may the imposition of the penalty be |
6 | subject to merit rating for insurance purposes. |
7 | (6) No surcharge points may be imposed in the provision |
8 | of motor vehicle insurance coverage. Fines collected under |
9 | this section shall not be subject to 42 Pa.C.S. § 3571 |
10 | (relating to Commonwealth portion of fines, etc.) or 3573 |
11 | (relating to municipal corporation portion of fines, etc.). |
12 | (f) Limitations.-- |
13 | (1) No automated red light enforcement system shall be |
14 | utilized in such a manner as to take a frontal view recorded |
15 | image of the vehicle as evidence of having committed a |
16 | violation. |
17 | (2) Notwithstanding any other provision of law, camera |
18 | equipment deployed as part of an automated red light |
19 | enforcement system as provided under this section must be |
20 | incapable of automated or user-controlled remote intersection |
21 | surveillance by means of recorded video images. Recorded |
22 | images collected as part of the automated red light |
23 | enforcement system may only record traffic violations and may |
24 | not be used for any other surveillance purposes. The |
25 | restrictions set forth under this paragraph shall not be |
26 | deemed to preclude a court of competent jurisdiction from |
27 | issuing an order directing that the information be provided |
28 | to law enforcement officials if the information is reasonably |
29 | described and is requested solely in connection with a |
30 | criminal law enforcement action. |
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1 | (3) Notwithstanding any other provision of law, |
2 | information prepared under this section and information |
3 | relating to violations under this section which is kept by |
4 | the city, its authorized agents or employees, including |
5 | recorded images, written records, reports or facsimiles, |
6 | names, addresses and the number of violations under this | <-- |
7 | section and addresses, shall be for the exclusive use of the | <-- |
8 | city, its authorized agents, its employees and law |
9 | enforcement officials for the purpose of discharging their |
10 | duties under this section and under any ordinances and |
11 | resolutions of the city. The information shall not be deemed |
12 | a public record under the act of February 14, 2008 (P.L.6, |
13 | No.3), known as the Right-to-Know Law. The information shall |
14 | not be discoverable by court order or otherwise, nor shall it |
15 | be offered in evidence in any action or proceeding which is |
16 | not directly related to a violation of this section or any |
17 | ordinance or resolution of the city. The restrictions set |
18 | forth under this paragraph shall not be deemed to preclude a |
19 | court of competent jurisdiction from issuing an order |
20 | directing that the information be provided to law enforcement |
21 | officials if the information is reasonably described and is |
22 | requested solely in connection with a criminal law |
23 | enforcement action. |
24 | (4) Recorded images obtained through the use of |
25 | automated red light enforcement systems deployed as a means |
26 | of promoting traffic safety in a city shall be destroyed at |
27 | the end of the 30 days following the final disposition of any |
28 | recorded event. The city shall file notice with the |
29 | Department of State that the records have been destroyed in |
30 | accordance with this section. |
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1 | (5) Notwithstanding any other provision of law, |
2 | registered vehicle owner information obtained as a result of |
3 | the operation of an automated red light enforcement system |
4 | under this section shall not be the property of the |
5 | manufacturer or vendor of the automated red light enforcement |
6 | system and may not be used for any purpose other than |
7 | prescribed in this section. |
8 | (g) Defenses.-- |
9 | (1) It shall be a defense to a violation under this |
10 | section that the person named in the notice of the violation |
11 | was not operating the vehicle at the time of the violation. |
12 | The owner may be required to submit evidence that the owner |
13 | was not the driver at the time of the alleged violation. The |
14 | city may not require the owner of the vehicle to disclose the |
15 | identity of the operator of the vehicle at the time of the |
16 | violation. |
17 | (2) If an owner receives a notice of violation under |
18 | this section of a time period during which the vehicle was |
19 | reported to a police department of any state or municipality |
20 | as having been stolen, it shall be a defense to a violation |
21 | under this section that the vehicle has been reported to a |
22 | police department as stolen prior to the time the violation |
23 | occurred and had not been recovered prior to that time. |
24 | (3) It shall be a defense to a violation under this |
25 | section that the person receiving the notice of violation was |
26 | not the owner of the vehicle at the time of the offense. |
27 | (h) Department approval.--No automated red light enforcement |
28 | system may be used without the approval of the department, which |
29 | shall have the authority to promulgate regulations for the |
30 | certification and use of such systems. |
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1 | (i) Duty of city.--If a city elects to implement this |
2 | section, the following provisions shall apply: |
3 | (1) The city may not use an automated red light |
4 | enforcement system unless an appropriate sign is posted in a |
5 | conspicuous place before the area in which the automated red |
6 | light enforcement device is to be used notifying the public |
7 | that an automated red light enforcement device is in use |
8 | immediately ahead. |
9 | (2) The city or its designee shall serve as the system |
10 | administrator to supervise and coordinate the administration |
11 | of notices of violations issued under this section. |
12 | (3) The following apply: |
13 | (i) The system administrator shall prepare a notice |
14 | of violation to the registered owner of a vehicle |
15 | identified in a recorded image produced by an automated |
16 | red light enforcement system as evidence of a violation |
17 | of section 3112(a)(3). The issuance of the notice of |
18 | violation must be done by a police officer employed by |
19 | the police department with primary jurisdiction over the |
20 | area where the violation occurred. The notice of |
21 | violation must have attached to it all of the following: |
22 | (A) A copy of the recorded image showing the |
23 | vehicle. |
24 | (B) The registration number and state of |
25 | issuance of the vehicle registration. |
26 | (C) The date, time and place of the alleged |
27 | violation. |
28 | (D) Notice that the violation charged is under |
29 | section 3112(a)(3). |
30 | (E) Instructions for return of the notice of |
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1 | violation. |
2 | (ii) The text of the notice must be as follows: |
3 | This notice shall be returned personally, by mail or |
4 | by an agent duly authorized in writing, within 30 |
5 | days of issuance. A hearing may be obtained upon the |
6 | written request of the registered owner. |
7 | (j) System administrator.-- |
8 | (1) The system administrator may hire and designate |
9 | personnel as necessary or contract for services to implement |
10 | this section. |
11 | (2) The system administrator shall process fines issued |
12 | under this section. |
13 | (3) The system administrator shall submit an annual |
14 | report to the chairman and the minority chairman of the |
15 | Transportation Committee of the Senate and the chairman and |
16 | minority chairman of the Transportation Committee of the |
17 | House of Representatives. The report shall be considered a | <-- |
18 | public record under the act of February 14, 2008 (P.L.6, |
19 | No.3), known as the Right-to-Know Law, and include for the | <-- |
20 | prior year: |
21 | (i) The number of violations and fines issued. |
22 | (ii) A compilation of fines paid and outstanding. |
23 | (iii) The amount of money paid to a vendor or |
24 | manufacturer under this section. |
25 | (k) Notice to owner.--In the case of a violation involving a |
26 | motor vehicle registered under the laws of this Commonwealth, |
27 | the notice of violation must be mailed within 30 days after the |
28 | commission of the violation or within 30 days after the |
29 | discovery of the identity of the registered owner, whichever is |
30 | later, to the address of the registered owner as listed in the |
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1 | records of the department. In the case of motor vehicles |
2 | registered in jurisdictions other than this Commonwealth, the |
3 | notice of violation must be mailed within 30 days after the |
4 | discovery of the identity of the registered owner to the address |
5 | of the registered owner as listed in the records of the official |
6 | in the jurisdiction having charge of the registration of the |
7 | vehicle. A notice of violation under this section must be |
8 | provided to an owner within 90 days of the commission of the |
9 | offense. |
10 | (l) Mailing of notice and records.--Notice of violation must |
11 | be sent by first class mail. A manual or automatic record of |
12 | mailing prepared by the system administrator in the ordinary |
13 | course of business shall be prima facie evidence of mailing and |
14 | shall be admissible in any judicial or administrative proceeding |
15 | as to the facts contained in it. |
16 | (m) Payment of fine.-- |
17 | (1) An owner to whom a notice of violation has been |
18 | issued may admit responsibility for the violation and pay the |
19 | fine provided in the notice. |
20 | (2) Payment must be made personally, through an |
21 | authorized agent or by mailing both payment and the notice of |
22 | violation to the system administrator. Payment by mail must |
23 | be made only by money order, credit card or check made |
24 | payable to the system administrator. The system administrator |
25 | shall remit the fine, less the system administrator's |
26 | operation and maintenance costs necessitated under this |
27 | section, to the department for deposit into the Motor License |
28 | Fund. Except as otherwise provided in paragraphs (4) and (5), |
29 | the department shall use the fines deposited in the fund |
30 | under this paragraph as prescribed under 67 Pa. Code Ch. 233 |
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1 | (relating to transportation enhancement grants from |
2 | authorized red light enforcement system revenues). |
3 | (2.1) Notwithstanding the provisions of paragraph (2), |
4 | transportation enhancement grants awarded for projects in a |
5 | city of the second class shall be limited to the following |
6 | and in the following order of preference: |
7 | (i) safety improvements for intersections within the |
8 | city at which red light camera enforcement is installed; |
9 | (ii) safety improvements for intersections located |
10 | within the city; or |
11 | (iii) actual construction, maintenance and repair of |
12 | streets, roadways and highways. |
13 | (3) Payment of the established fine and applicable |
14 | penalties shall operate as a final disposition of the case. |
15 | (4) Distribution of fine revenue under paragraph (2) |
16 | shall be as follows: |
17 | (i) Fifty percent of the grant revenues generated |
18 | through an automated red light enforcement program under |
19 | this section shall be used exclusively for funding of |
20 | transportation enhancement grants in the city in which |
21 | the violation was prosecuted as provided in 67 Pa. Code § |
22 | 233.8(g)(1) (relating to grant selection process and |
23 | criteria). |
24 | (ii) Fifty percent of the grant revenues generated |
25 | through the automated red light enforcement program shall |
26 | be available for funding of transportation enhancement |
27 | grants to eligible sponsors throughout this Commonwealth |
28 | as provided under 67 Pa. Code § 233.8(g)(2) except that a |
29 | city of the first class, second class or second class A |
30 | that implements the automated red light enforcement |
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1 | program shall be ineligible to receive grants under 67 |
2 | Pa. Code Ch. 233. This subparagraph shall not apply to |
3 | any grants expended or committed prior to the effective |
4 | date of this subparagraph. |
5 | (5) The department is allocated 2% of all automated red |
6 | light enforcement revenues transferred to the Motor License |
7 | Fund under this subsection for its costs in administering |
8 | transportation enhancement grants. |
9 | (n) Hearing.-- |
10 | (1) An owner to whom a notice of violation has been |
11 | issued may, within 30 days of the mailing of the notice, |
12 | request a hearing to contest the liability alleged in the |
13 | notice. A hearing request must be made by appearing before |
14 | the system administrator during regular office hours either |
15 | personally or by an authorized agent or by mailing a request |
16 | in writing. |
17 | (2) Upon receipt of a hearing request, the system |
18 | administrator shall in a timely manner schedule the matter |
19 | before a hearing officer. The hearing officer shall be |
20 | designated by the city. Written notice of the date, time and |
21 | place of hearing must be sent by first class mail to the |
22 | owner. |
23 | (3) The hearing shall be informal; the rules of evidence |
24 | shall not apply; and the decision of the hearing officer |
25 | shall be final, subject to the right of the owner to appeal |
26 | the decision to the magisterial district judge. |
27 | (4) If the owner requests in writing that the decision |
28 | of the hearing officer be appealed to the magisterial |
29 | district judge, the system administrator shall file the |
30 | notice of violation and supporting documents with the |
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1 | magisterial district judge, who shall hear and decide the |
2 | matter de novo. |
3 | (o) Compensation to manufacturer or vendor.--If a city has |
4 | established an automated red light enforcement system deployed |
5 | as a means of promoting traffic safety and the enforcement of |
6 | the traffic laws of this Commonwealth or the city, the |
7 | compensation paid to the manufacturer or vendor of the automated |
8 | red light enforcement system may not be based upon the number of |
9 | traffic citations issued or a portion or percentage of the fine |
10 | generated by the citations. The compensation paid to the |
11 | manufacturer or vendor of the equipment shall be based upon the |
12 | value of the equipment and the services provided or rendered in |
13 | support of the automated red light enforcement system. |
14 | (p) Duration of yellow light change interval.--The duration |
15 | of the yellow light change interval at intersections where |
16 | automated red light enforcement systems are in use shall conform |
17 | to the yellow light change interval duration specified on the |
18 | traffic signal permit issued by the department or city of the |
19 | second class. |
20 | (q) Revenue limit.--A city may not collect an amount equal |
21 | to or greater than 5% of its annual budget from the collection |
22 | of revenue from the issuance and payment of violations under |
23 | this section. |
24 | (r) Expiration.--This section shall expire December 31, |
25 | 2017. |
26 | (s) Definition.--As used in this section, the term "city" |
27 | means: |
28 | (1) A city of the third class with a minimum population |
29 | of 18,000, under the 2010 Federal decennial census, and a |
30 | full-time police department. |
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1 | (2) A city of the second class A. |
2 | (3) A city of the second class. |
3 | Section 3. This act shall take effect in 60 days. |
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