2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 38 - VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Session of 2023
No. 2023-38
HB 1284
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in rules of
            the road in general, further providing for automated enforcement of failure to stop
            for school bus with flashing red lights, for automated speed enforcement systems in
            active work zones and for pilot program for automated speed enforcement system on
            designated highway and providing for automated speed enforcement study and for pilot
            program for automated speed enforcement systems in designated school zones; and imposing
            a penalty.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Section 3345.1(e)(4), (f)(3), (i.2)(1), (2)(v) and (3)(i), (ii) and (iii), (i.3)(3)
            and (i.4)(4) of Title 75 of the Pennsylvania Consolidated Statutes, amended October
            23, 2023 (P.L.134, No.19), are amended to read:
§ 3345.1.  Automated enforcement of failure to stop for school bus with flashing red lights.
* * *
(e)  Limitations.--
* * *
(4)  Notwithstanding any other provision of law, [registered] motor vehicle owner information
            obtained as a result of the operation of a side stop signal arm enforcement system
            shall not be the property of the school entity, system administrator on the school
            entity's behalf or contracted company that provides pupil transportation and may not
            be used for any purpose other than prescribed in this section.
* * *
(f)  Defenses.--
(3)  It shall be a defense to a violation under this section that the owner
of the motor vehicle
named in the notice of the violation was not [operating]
driving
the motor 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
            owner [of the motor vehicle] may not be required to disclose the identity of the [operator]
driver
of the motor vehicle at the time of the violation.
* * *
(i.2)  Notice of violation.--
(1)  Upon certification from a primary police department that a violation of this section
            has occurred as required by subsection (h.2), a school entity, or a system administrator
            on the school entity's behalf, shall initiate an action to enforce this section by
            sending an administrative notice of violation to the [registered] owner of the motor
            vehicle identified by a side stop signal arm enforcement system as violating this
            section.
(2)  The notice of violation shall include all of the following:
* * *
(v)  Notice that the owner
of the motor vehicle
is charged with a violation of this section.
* * *
(3)  A notice of violation shall be sent by first class mail as follows:
(i)  In the case of a violation involving a motor vehicle [registered under]
subject to
the laws of this Commonwealth, the notice of violation must be mailed within 30 days
            after the commission of the violation or within 30 days after the discovery of the
            identity of the [registered] owner, whichever is later, and not thereafter to the
            address of the [registered] owner listed in the records of the department.
(ii)  In the case of motor vehicles [registered in]
from
jurisdictions other than this Commonwealth, the notice of violation must be mailed
            within 30 days after the discovery of the identity of the [registered] owner and not
            thereafter to the address of the [registered] owner as listed in the records of the
            official in the jurisdiction having charge of the registration of the motor vehicle.
(iii)  A notice of violation under this section shall be invalid unless provided to the [registered]
            owner within 90 days of the commission of the violation.
* * *
(i.3)  Payment of fine.--Payment of the fine shall be as follows:
* * *
(3)  If payment is not received within 90 days of
the
mailing
date
of the notice of violation, the school entity, or a system administrator on the school
            entity's behalf, may request an applicable credit collection agency to resolve the
            payment amount owed.
(i.4)  Contest of violation.--The procedure for contesting a violation of this section shall
            be as follows:
* * *
(4)  If, within 45 days of issuance of the decision of the department's hearing officer,
            the owner of the motor vehicle requests in writing an appeal of the decision of the
            department's hearing officer, [the school entity, or the system administrator on the
            school entity's behalf,]
the owner
shall file the notice of violation and supporting documents with the office of the
            magisterial district judge for the magisterial district where the violation occurred.
            A magisterial district judge shall hear and decide the matter de novo and 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, system administrators or other persons
            involved in the appeal process[.]
, except as otherwise provided under 42 Pa.C.S. § 1726 (relating to establishment
               of taxable costs), which may only be assessed to the school entity or system administrator
               on the school entity's behalf.
* * *
Section 2.  Section 3369(b), (c.1), (d)(1), (2), (3), (4) and (5), (e), (f), (g), (h)(1), (3)
            and (4), (i), (j) and (k) of Title 75 are amended to read:
§ 3369.  Automated speed enforcement systems in active work zones.
* * *
(b)  Applicability.--This section shall apply to Federal aid highways only under the jurisdiction
            of the department and the Pennsylvania Turnpike Commission. An automated speed enforcement
            system may not be used unless:
(1)  At least two appropriate warning signs are conspicuously placed before the active
            work zone notifying the public that an automated speed enforcement [device]
system
is in use.
(2)  [At least one of the signs indicates if the automated speed enforcement system is
            active or not active.]
The first warning sign under paragraph (1) shall:
(i)  Be the largest size available in conformance with Federal regulations, unless the
            department or the Pennsylvania Turnpike Commission determines that a smaller size
            is necessary to ensure the safety of the work zone.
(ii)  Clearly and accurately indicate if the automated speed enforcement system is active
            and in use.
(iii)  Be placed at least 1,000 feet before the active work zone, unless the department or
            the Pennsylvania Turnpike Commission determines that a lesser distance is necessary
            to ensure the safety of the work zone, comply with Federal regulations or provide
            adequate traffic control in the work zone and is capable of providing the most advanced
            notification as practical.
(iv)  Be followed immediately by the posted speed limit of the active work zone and prior
            to the placement of the automated speed enforcement system.
(3)  An appropriate sign is conspicuously placed
in the middle, if appropriate, and
at the end of the active work zone.
(3.1)  The posted speed limit of the active work zone is placed at an appropriate location
            within the active work zone to provide adequate notice to drivers.
(4)  A notice identifying the location of the
specific highway segment where the
automated speed enforcement system is
in use and
posted at the active work zone and on the department's or Pennsylvania Turnpike Commission's
            publicly accessible Internet website. The notice on the websites shall remain throughout
            the period of use.
* * *
(c.1)  Owner liability.--For each violation under this section, the owner of the
motor
vehicle shall be liable for the penalty imposed unless the owner is convicted of
            the same violation under another provision of this title or has a defense under subsection
            (g).
For the purposes of this section, the lessee of a leased vehicle shall be considered
               the owner of a motor vehicle.
(d)  Notice of violation.--
(1)  (i)  An action to enforce this section shall be initiated by an administrative notice of
            violation to the [registered] owner of a
motor
vehicle identified by an automated speed enforcement system as violating this section.
            A notice of violation based upon inspection of recorded images produced by an automated
            speed enforcement system and sworn or affirmed by an authorized member of the Pennsylvania
            State Police shall be prima facie evidence of the facts contained in the notice. The
            Pennsylvania State Police shall receive certification from the department, the Pennsylvania
            Turnpike Commission or the system administrator when an automated speed enforcement
            system is active in accordance with subsection (b).
(ii)  The notice of violation must include written verification that the automated speed
            enforcement system was operating correctly at the time of the alleged violation and
            the date of the most recent inspection that confirms the automated speed enforcement
            system to be operating properly.
(iii)  An automated speed enforcement system operator shall complete training offered by
            the manufacturer
or vendor
of the automated speed enforcement system, including training on any devices critical
            to the operation of the system, or the manufacturer's
or vendor's
representative in the procedures for setting up, testing and operating an automated
            speed enforcement system. Upon completion of the training, the manufacturer
or vendor
or manufacturer's
or vendor's
representative shall issue a signed certificate to the automated speed enforcement
            system [device] operator, which shall be admitted as evidence in any court proceeding
            for a violation involving an automated speed enforcement system [device]. An automated
            speed enforcement system [device] operator shall fill out and sign a daily log for
            an automated speed enforcement system, which:
(A)  states the date, time and location of the [device]
system
setup;
(B)  states that the automated speed enforcement system [device] operator successfully
            performed and the automated speed enforcement system [device] passed the self-tests
            specified by the manufacturer
or vendor
of the automated speed enforcement system [device];
(C)  shall be kept on file; and
(D)  shall be admitted in any proceeding for a violation involving an automated speed enforcement
            system [device].
(iv)  An automated speed enforcement system [device] shall undergo an annual calibration
            check performed by a calibration laboratory. The calibration laboratory shall issue
            a signed certificate of calibration after the annual calibration check, which shall
            be kept on file and shall be admitted as evidence in any proceeding for a violation
            involving an automated speed enforcement system [device].
(v)  The following shall be attached to the notice of violation:
(A)  A copy of the recorded image showing the
motor
vehicle with its license plate visible.
(B)  The registration number and state of issuance of the
motor
vehicle registration.
(C)  Verification that the automated speed enforcement system was operating correctly at
            the time of the alleged violation and the date of the most recent inspection that
            confirms the automated speed enforcement system to be operating properly.
(D)  The date, time and place of the alleged violation.
(E)  Notice that the violation charged is under this section.
(F)  Instructions for return of the notice of violation.
(2)  In the case of a violation involving a motor vehicle [registered under]
subject to
the laws of this Commonwealth, the notice of violation shall be mailed within 30
            days after the commission of the violation or within 30 days after the discovery of
            the identity of the [registered] owner, whichever is later, to the address of the
            [registered] owner as listed in the records of the department.
(3)  In the case of a violation involving a motor vehicle [registered in]
from
a jurisdiction other than this Commonwealth, the notice of violation shall be mailed
            within 30 days after the discovery of the identity of the [registered] owner to the
            address of the [registered] owner as listed in the records of the official in the
            jurisdiction having charge of the registration of the vehicle.
(4)  A notice of violation shall be invalid unless provided to [an]
the
owner within 90 days of the offense.
(5)  The notice shall include the following text:
This notice shall be returned personally, by mail or by an agent duly authorized in
            writing, within 30 days of [issuance]
the mailing date of the notice
. A hearing may be obtained upon the written request of the [registered] owner.
* * *
(e)  Penalty.--
(1)  If a person violates this section as a first offense, the person shall receive a written
            warning.
(2)  The penalty for a violation under this section shall be a fine of $75 for the second
            offense and $150 for the third and subsequent offenses, and the fine shall not be
            subject to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of fines, etc.) or
            3573 (relating to municipal corporation portion of fines, etc.).
(2.1)  A person does not commit a second or subsequent offense unless the second offense
            occurs at least 15 days after the mailing date of the written warning.
(3)  The fine or warning is not authorized during times when the automated speed enforcement
            work area is not active
and not in use
.
(4)  A penalty imposed under this section shall not:
(i)  be deemed a criminal conviction;
(ii)  be made part of the operating record of the individual upon whom the penalty is imposed
            under section 1535 (relating to schedule of convictions and points);
(iii)  be the subject of merit rating for insurance purposes; or
(iv)  authorize imposition of surcharge points in the provision of motor vehicle insurance
            coverage.
(5)
If a person who has a prior violation of this section before the effective date of
               this paragraph commits another violation of this section after the effective date
               of this paragraph, the violation after the effective date of
this paragraph shall be deemed a first offense and any violation occurring after
that
violation shall constitute an additional offense.
(f)  Limitations.--
(1)  Recorded images collected as part of the automated speed enforcement system may record
            only violations of this section and may not be used for any other surveillance purposes.
            The restrictions provided in this paragraph shall not preclude a court of competent
            jurisdiction from issuing an order directing that the information be provided to law
            enforcement officials, if the information is requested solely in connection with a
            criminal law enforcement action and is reasonably described.
(2)  Notwithstanding any other provision of law, information gathered and maintained under
            this section that is kept by the Commonwealth, its authorized agents or its employees,
            including recorded images, written records,
motor vehicle information,
reports or facsimiles, names and addresses, shall be for the exclusive purpose of
            discharging its duties under this section. The information shall not be deemed a public
            record under the act of 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 or be admissible
            as evidence in a proceeding except to determine liability under this section. The
            restrictions provided in this paragraph shall not preclude a court of competent jurisdiction
            from issuing an order directing that the information be provided to law enforcement
            officials, if the information is requested solely in connection with a criminal law
            enforcement action and is reasonably described.
(3)  Recorded images obtained through the use of automated speed enforcement systems deployed
            as a means of promoting traffic safety in automated speed enforcement work areas shall
            be destroyed within one year of final disposition of a notice of violation, except
            that images subject to a court order under paragraph (1) or (2) shall be destroyed
            within two years after the date of the order, unless further extended by court order.
            The department, the Pennsylvania Turnpike Commission or the system administrator shall
            retain evidence that the records have been destroyed in accordance with this section.
(4)  Notwithstanding any other provision of law, [registered]
motor
vehicle owner information obtained as a result of the operation of an automated speed
            enforcement system under this section shall be the exclusive property of the Commonwealth
            and not the property of the manufacturer or vendor of the automated speed enforcement
            system and may not be used for a purpose other than prescribed in this section.
(5)  [A]
An intentional
violation of this subsection shall constitute a misdemeanor of the third degree punishable
            by a $500 fine. Each violation shall constitute a separate and distinct offense.
(g)  Defenses.--
(1)  It shall be a defense to a violation under this section that the
motor
vehicle was reported to a police department as stolen prior to the time the violation
            occurred and was not recovered prior to that time.
(2)  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
motor
vehicle at the time of the offense.
(3)  It shall be a defense to a violation under this section that the [device]
automated speed enforcement system
being used to determine speed was not in compliance with section 3368 (relating to
            speed timing devices) with respect to testing for accuracy, certification or calibration.
(4)  It shall be a defense to a violation under this section that the person named in the
            notice of the violation was not driving the motor vehicle at the time of the violation.
            The department or system administrator may require the owner to submit evidence that
            the owner was not the driver at the time of the alleged violation. The owner of the
            motor vehicle may not be required to disclose the identity of the driver of the motor
            vehicle at the time of the violation.
(h)  Authority and duties of department and Pennsylvania Turnpike Commission.--
(1)  The department and Pennsylvania Turnpike Commission shall establish [a five-year]
an
automated speed enforcement system program [not later than 18 months following the
            effective date of this section].
* * *
(3)  (i)  The department and Pennsylvania Turnpike Commission shall serve directly or through
            a contracted private service
with a manufacturer or vendor
as the system administrator of the program. Compensation under a contract authorized
            by this paragraph shall be based only upon the value of equipment and services provided
            or rendered in support of the automated speed enforcement system program and may not
            be based on the quantity of notices of violation issued or amount of fines imposed
            or generated.
(ii)  The system administrator shall prepare and issue notices of violation.
(iii)  Two restricted accounts are established in the State Treasury for fines remitted under
            this section to the department and Pennsylvania Turnpike Commission, respectively.
            The system administrator of the department or Pennsylvania Turnpike Commission, if
            any, shall send an invoice to the department or Pennsylvania Turnpike Commission based,
            respectively, on the services under subparagraph (i) and the Pennsylvania State Police
            under subsection (d)(1)(i). The department, Pennsylvania Turnpike Commission and the
            Pennsylvania State Police shall use the appropriate restricted account to pay for
            the administration of the [pilot] program and the system administrator's invoice costs,
            if applicable. Remaining fines shall be allocated by the department or Pennsylvania
            Turnpike Commission [for the first three years as follows:
(A)  Forty-five percent of the fines from violations occurring in an automated speed enforcement
            work area shall be deposited into a restricted account in the State Treasury on a
            quarterly basis. The Department of Revenue shall, within 90 days of the date of deposit,
            transfer to the Pennsylvania State Police an amount equivalent to the previous quarterly
            deposit to be used by the Pennsylvania State Police as follows:
(I)  Fifty-five percent of the funds shall be dedicated and used for the purpose of recruiting,
            training or equipping Pennsylvania State Police Cadets.
(II)  Forty-five percent of the funds shall be dedicated and used to pay for an increased
            Pennsylvania State Trooper presence in work zones on the State road system managed
            by the department or the Pennsylvania Turnpike Commission. Funds under this subclause
            shall be in addition to any contractual agreement between the department or the Pennsylvania
            Turnpike Commission and the Pennsylvania State Police for enforcement in work zones
            on the State road system managed by the department or the Pennsylvania Turnpike Commission.
(B)  Fifteen percent of the fines from violations occurring in an automated speed enforcement
            work area shall be transferred to the department or the Pennsylvania Turnpike Commission,
            whichever State road system utilized the automated speed enforcement system, for the
            purpose of work zone safety, traffic safety and educating the motoring public on work
            zone safety, at the discretion of the department or Pennsylvania Turnpike Commission.
(C)  Forty percent of the fines from violations occurring in an automated speed enforcement
            work area shall be deposited in the Motor License Fund and shall be appropriated by
            the General Assembly.
(iv)  Remaining fines shall be allocated by the department or Pennsylvania Turnpike Commission
            for the last two years to develop a Work Zone and Highway Safety Program. At a minimum,
            funds from the Work Zone and Highway Safety Program shall be used for improvement
            projects and countermeasures to improve the safety in work zones and on highways.
            Funds may also be used to increase awareness of distracted driving and transportation
            enhancements established under section 3116 (relating to automated red light enforcement
            systems in first class cities).
(v)  If the amount of funds under subparagraph (iii)(A) is lower than the amount of funds
            under subparagraph (iii)(A) for the previous fiscal year, funds from the Motor License
            Fund may not be used to supplement the funds for the current fiscal year. Funding
            provided for under subparagraph (iii)(A) shall be supplemental and shall not prohibit
            the Pennsylvania State Police from obtaining additional funding from any other means.
(vi)  If the five-year program is not extended by the General Assembly, any remaining fines
            remitted to the department or Pennsylvania Turnpike Commission shall be used as provided
            under subparagraph (iv).
(vii)  The system administrator shall provide an appropriate printed form by which owners
            may challenge a notice of violation and convenient hearing hours and times in each
            of the following metropolitan areas for challenges to be heard as provided in this
            section: Erie, Harrisburg, Philadelphia, Pittsburgh and Scranton. The form may be
            included with or as part of the notice of violation.]
to develop a Work Zone and Highway Safety Program. At a minimum, funds from the Work
               Zone and Highway Safety Program shall be used for improvement projects, enforcements
               and countermeasures to improve the safety in work zones and on highways. Funds may
               also be used to increase awareness of distracted driving and transportation enhancements
               established under section
3116 (relating to automated red light enforcement systems in first class cities).
(viii)  The system administrator shall provide an appropriate form by which owners of the
            motor vehicles may challenge a notice of violation. A hearing to contest liability
            may be in person or be conducted through live-stream synchronous video conferencing
            or similar virtual presence technology and shall be only at reasonable times set by
            the system administrator. Challenges to be heard in person shall be conducted in,
            at least, Erie, Harrisburg, Philadelphia, Pittsburgh and Scranton. The form may be
            included with or as part of the notice of violation.
(4)  Not later than April 1 annually, the department, the Pennsylvania Turnpike Commission
            and the Pennsylvania State Police shall submit a report on the program for the preceding
            calendar year 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. The report shall be a public record under the Right-to-Know
            Law and include:
(i)  The number of vehicular accidents and related serious
bodily
injuries and deaths in all work zones and in automated speed enforcement work areas
            where the program operated.
(ii)  Speed data.
(iii)  The number of notices of violation issued
and contested
.
(iv)  The amount of fines imposed and collected.
(v)  Amounts paid under contracts authorized by this section.
[(vi)  The number of hours of Pennsylvania State Police presence in work zones that were
            provided as a result of the funds under paragraph (3)(iii)(A)(II).]
(vii)  Use of funds under paragraph [(3)(iv)]
(3)
(iii)
.
(i)  Payment of fine.--
(1)  An owner
of a motor vehicle
may admit responsibility for the violation and pay the fine provided in the notice
            personally, through an authorized agent, electronically or by mailing both payment
            and the notice of violation to the system administrator.
(2)  Payment by mail must be made only by money order, credit card or check made payable
            to the Commonwealth, the Pennsylvania Turnpike Commission or the system administrator,
            as applicable.
(3)  Payment of the fine shall operate as a final disposition of the case.
(4)  [If payment is not received within 90 days of original notice, the department or Pennsylvania
            Turnpike Commission may turn the matter over to applicable credit collection agencies.]
If payment is not received within 90
days of the mailing of the notice of violation, the department or Pennsylvania Turnpike
               Commission may request an applicable credit collection agency to resolve the payment
               amount owed.
(j)  Contest.--
(1)  An owner
of a motor vehicle
may, within 30 days of the mailing
date
of the notice, request a hearing to contest liability by appearing before the system
            administrator either personally or by an authorized agent or by [mailing a request
            in writing on the prescribed form. Appearances in person shall be only at the locations
            and times set by the system administrator.]
sending a request on the prescribed form. A hearing to contest liability may be in
               person or be conducted
through live-stream synchronous video conferencing or similar virtual presence technology
               as described under subsection (h)(3)(viii).
(2)  Upon receipt of a hearing request, the system administrator shall in a timely manner
            schedule the matter before a hearing officer designated by the department or Pennsylvania
            Turnpike Commission. Written notice of the date, time and place of hearing must be
            presented or sent by first class mail to the owner
of the motor vehicle
.
(3)  The hearing shall be informal and the rules of evidence shall not apply. The decision
            of the hearing officer shall be
made within 45 days from the hearing date and shall be
final, subject to the right of the owner
of the motor vehicle
to appeal the decision
under paragraph (4)
.
(4)  If
, within 45 days of issuance of the decision of the hearing officer,
the owner
of the motor vehicle
requests in writing [that the decision of the hearing officer be appealed, the system
            administrator]
an appeal of the decision of the hearing officer, the owner of the motor vehicle
shall file the notice of violation and supporting documents with the office of the
            magisterial district judge for the magisterial district where the violation occurred,
            and [the]
a
magisterial district judge shall hear and decide the matter de novo
and shall be restricted to finding an owner liable or not liable for violating this
               section
.
[(k)  Expiration.--This section shall expire five years from the effective date of this
            section.]
Section 2.1.  Section 3370 heading, (a), (b), (d)(2) and (4), (f), (g), (i), (j)(1) and (3), (k),
            (m)(1), (n)(1) and (2), (o) and (q) of Title 75 are amended and subsection (d) is
            amended by adding a paragraph to read:
§ 3370.  [Pilot program for automated speed enforcement system on designated highway]
Automated speed enforcement system on designated highways
.
(a)  General rule.--[A pilot program is established to provide for an automated speed enforcement
            system on the designated highway.]
A program is established to provide for an automated speed enforcement system on U.S.
               Route 1 (Roosevelt Boulevard) between Ninth Street and the Philadelphia County line
               shared with Bucks County in a city of the first class. The following shall apply:
(1)  A city of the first class, upon passage of an ordinance, is authorized to enforce
            section 3362 (relating to maximum speed limits)
on Roosevelt Boulevard
by recording violations using an automated speed enforcement system approved by the
            department.
[(2)  This section shall only be applicable in a city of the first class in areas agreed
            upon by the system administrator and the Secretary of Transportation using the automated
            speed enforcement system on U.S. Route 1 (Roosevelt Boulevard) between Ninth Street
            and the Philadelphia County line shared with Bucks County.]
(3)  A city of the first class may expand the automated speed enforcement system beyond
            Roosevelt Boulevard to no more than five corridors if the following conditions are
            met:
(i)  The city of the first class, in consultation with the department, proposes a new State
            or local highway corridor within the borders of the city of the first class according
            to speed data and speed-related accidents involving vehicles or pedestrians. Each
            proposed corridor must include a beginning segment and an end segment on the same
            State or local route within the borders of the city of the first class.
(ii)  The city of the first class conducts an engineering and traffic investigation under
            section 6109(e) (relating to specific powers of department and local authorities)
            on the posted speed limit within a proposed State or local highway corridor for an
            automated speed enforcement system.
(iii)  The city of the first class provides at least one opportunity for public comment regarding
            the proposed State or local highway corridor.
(4)  When the conditions under paragraph (3) have been met, a city of the first class,
            upon passage of an ordinance for each new corridor, is authorized to enforce section
            3362 by recording violations using an automated speed enforcement system approved
            by the department.
(b)  Owner liability.--For each violation under this section, the owner of the
motor
vehicle shall be liable for the penalty imposed unless the owner is convicted of
            the same violation under another section of this title or has a defense under subsection
            (g).
For the purposes of this section, the lessee of a leased vehicle shall be considered
               the owner of the motor vehicle.
* * *
(d)  Penalty.--The following shall apply:
* * *
(2)  A penalty is authorized only for a violation of this section if each of the following
            apply:
(i)  At least two appropriate warning signs are conspicuously placed at the beginning and
            end and at two-mile intervals of the designated highway notifying the public that
            an automated speed enforcement [device]
system
is in use.
(ii)  A notice identifying the location of the automated speed enforcement system is posted
            on the [department's]
city of the first class's or system administrator's
publicly accessible Internet website throughout the period of use.
* * *
(4)  The system administrator may provide a written warning to the [registered] owner of
            a
motor
vehicle determined to have violated this section during the first 30 days of operation
            of the automated speed enforcement system.
* * *
(7)  If a person who has a prior violation of this section before the effective date of
            this paragraph commits another violation of this section after the effective date
            of this paragraph, the violation after the effective date of this paragraph shall
            be deemed a first offense and any violation occurring after that violation shall constitute
            an additional offense.
* * *
(f)  Limitations.--The following shall apply:
(1)  No automated speed enforcement system shall be utilized in such a manner as to take
            a frontal view recorded image of the
motor
vehicle as evidence of having committed a violation.
(2)  Notwithstanding any other provision of law, camera equipment deployed as part of an
            automated speed enforcement system as provided in this section must be incapable of
            automated or user-controlled remote surveillance by means of recorded video images.
            Recorded images collected as part of the automated speed enforcement system must only
            record traffic violations and may not be used for any other surveillance purposes,
            but may include video of the area enforced when triggered by a violation. 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.
(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
or system administrator
, its authorized agents or its employees, including recorded images, written records,
            reports or facsimiles, names, addresses
, motor vehicle information
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 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.
(4)  Recorded images obtained through the use of automated speed enforcement systems deployed
            as a means of promoting traffic safety in a city of the first class shall be destroyed
            within one year of final disposition of any recorded event except that images subject
            to a court order under paragraph (2) or (3) shall be destroyed within two years after
            the date of the order, unless further extended by court order. The city shall file
            notice with the [Department of State]
department
that the records have been destroyed in accordance with this section.
(5)  Notwithstanding any other provision of law, [registered]
motor
vehicle owner information obtained as a result of the operation of an automated speed
            enforcement system under this section shall not be the property of the manufacturer
            or vendor of the automated speed enforcement system and may not be used for any purpose
            other than as prescribed in this section.
(6)  [A]
An intentional
violation of this subsection shall constitute a misdemeanor of the third degree punishable
            by a $500 fine. Each violation shall constitute a separate and distinct offense.
(g)  Defenses.--The following shall apply:
(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]
driving
the
motor
vehicle at the time of the violation. The owner
of the motor vehicle
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
motor
vehicle to disclose the identity of the [operator]
driver
of the
motor
vehicle at the time of the violation.
(2)  If an owner
of a motor vehicle
receives a notice of violation pursuant to this section of a time period during which
            the
motor
vehicle was reported to a police department [of any state or municipality] as having
            been stolen, it shall be a defense to a violation under this section that the
motor
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
motor
vehicle at the time of the offense.
(4)  It shall be a defense to a violation under this section that the [device]
automated speed enforcement system
being used to determine speed was not in compliance with section 3368 (relating to
            speed timing devices) with respect to testing for accuracy, certification or calibration.
* * *
(i)  Duty of city.--[If a city of the first class elects to implement this section, the]
The
following provisions shall apply:
(1)  [The city]
A city of the first class
may not use an automated speed enforcement system unless there is posted an appropriate
            sign in a conspicuous place before the area in which the automated speed enforcement
            [device]
system
is to be used notifying the public that an automated speed enforcement [device]
system
is in use immediately ahead.
(2)  [The city]
A city of the first class
shall designate or appoint the Philadelphia Parking Authority as the system administrator
            to supervise and coordinate the administration of notices of violation issued under
            this section. Compensation under a contract authorized by this paragraph shall be
            based only upon the value of equipment and services provided or rendered in support
            of the automated speed enforcement system program and may not be based on the quantity
            of notices of violation issued or amount of fines imposed or generated.
(3)  The system administrator shall prepare a notice of violation to the [registered] owner
            of a
motor
vehicle identified in a recorded image produced by an automated speed enforcement
            system as evidence of a violation of section 3362. The notice of violation must be
            issued by a police officer employed by the police department with primary jurisdiction
            over the area where the violation occurred. The notice of violation shall have the
            following attached to it:
(i)  a copy of the recorded image showing the
motor
vehicle;
(ii)  the registration number and state of issuance of the
motor
vehicle registration;
(iii)  the date, time and place of the alleged violation;
(iv)  notice that the violation charged is under section 3362; and
(v)  instructions for return of the notice of violation, which shall read:
This notice shall be returned personally, by mail or by an agent duly authorized in
            writing, within 30 days of issuance. A hearing may be obtained upon the written request
            of the [registered] owner
of the motor vehicle
.
(j)  System administrator.--The following shall apply:
(1)  The system administrator may hire and designate personnel as necessary or contract
            for services
through a manufacturer or vendor
to implement this section.
* * *
(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:
(i)  The number of violations and fines issued and data regarding the speeds of
motor
vehicles in the enforcement area.
(ii)  A compilation of penalties paid and outstanding
and violations contested
.
(iii)  The amount of money paid to a vendor or manufacturer under this section.
(iv)  The number of vehicular
and pedestrian
accidents and related serious
bodily
injuries and deaths along the designated highway.
(k)  Notice to owner.--In the case of a violation involving a motor vehicle [registered
            under]
subject to
the laws of this Commonwealth, the notice of violation must be mailed within 30 days
            after the commission of the violation or within 30 days after the discovery of the
            identity of the [registered] owner
of the motor vehicle
, whichever is later, and not thereafter to the address of the [registered] owner
            as listed in the records of the department. In the case of motor vehicles [registered
            in]
from
jurisdictions other than this Commonwealth, the notice of violation must be mailed
            within 30 days after the discovery of the identity of the [registered] owner to the
            address of the [registered] owner as listed in the records of the official in the
            jurisdiction having charge of the registration of the
motor
vehicle. A notice of violation under this section must be provided to [an]
the
owner
of the motor vehicle
within 90 days of the commission of the offense.
* * *
(m)  Payment of fine.--The following shall apply:
(1)  An owner
of a motor vehicle
to whom a notice of violation has been issued may admit responsibility for the violation
            and pay the fine provided in the notice.
* * *
(n)  Hearing.--The following shall apply:
(1)  An owner
of a motor vehicle
to whom a notice of violation has been issued may, within 30 days of the mailing
date
of the notice, request a hearing to contest the liability alleged in the notice.
            A hearing request must be made by appearing before the system administrator during
            regular office hours either personally or by an authorized agent or by [mailing a
            request in writing]
sending a request on the prescribed form
.
(2)  Upon receipt of a hearing request, the system administrator shall in a timely manner
            schedule the matter before a hearing officer. The hearing officer shall be designated
            by the city of the first class. Written notice of the date, time and place of hearing
            must be sent by first class mail to the owner[.]
of the motor vehicle. A hearing to contest liability may be in person or be conducted
               through live-stream synchronous video conferencing or similar virtual presence technology
               and shall be only at the locations and times set by the system administrator.
* * *
(o)  Compensation to manufacturer or vendor.--If a city of the first class has established
            an automated speed enforcement system [deployed as a means of promoting traffic safety
            and the enforcement of the traffic laws of this Commonwealth or the city], the compensation
            paid to the manufacturer or vendor of the automated speed enforcement system may not
            be based upon the number of traffic citations issued or a portion or percentage of
            the fine generated by the citations. The compensation paid to the manufacturer or
            vendor of the equipment shall be based upon the value of the equipment and the services
            provided or rendered in support of the automated speed enforcement system.
* * *
[(q)  Expiration.--This section shall expire five years from its effective date.]
Section 3.  Title 75 is amended by adding sections to read:
§ 3370.1.  Automated speed enforcement study.
The Local Government Commission shall conduct a study of expanding automated speed
            enforcement on highways and streets owned by municipalities. No later than two years
            after the effective date of this section, the Local Government Commission shall submit
            a report to the General Assembly and shall provide findings and recommendations on
            the expansion of automated speed enforcement on highways and streets owned by municipalities.
§ 3371.  Pilot program for automated speed enforcement systems in designated school zones.
(a)  General rule.--A pilot program is established to provide for an automated speed enforcement
            system in designated school zones in a city of the first class. The following shall
            apply:
(1)  This section shall only be applicable in a city of the first class in no more than
            five school zones agreed upon by the system administrator, on the city's behalf, and
            the secretary.
(2)  A city of the first class shall conduct an engineering and traffic investigation under
            section 6109(e) (relating to specific powers of department and local authorities)
            on the posted speed limit within the proposed school zone for an automated speed enforcement
            system.
(3)  A city of the first class shall provide at least one opportunity for public comment
            regarding the proposed school zone.
(4)  When the requirements under paragraphs (2) and (3) are met, a city of the first class,
            upon passage of an ordinance for the school zones, is authorized to enforce section
            3365(b) (relating to special speed limitations) by recording violations using an automated
            speed enforcement system approved by the department.
(b)  Owner liability.--For each violation under this section, the owner of the motor vehicle
            shall be liable for the penalty imposed under subsection (d) unless the owner is convicted
            of the same violation under another section of this title or has a defense under subsection
            (g). For the purposes of this section, the lessee of a leased vehicle shall be considered
            the owner of a motor vehicle.
(c)  Certificate as evidence.--A certificate, or a facsimile of a certificate, based upon
            inspection of recorded images produced by an automated speed enforcement system and
            sworn to or affirmed by a police officer employed by the city of the first class shall
            be prima facie evidence of the facts contained in it. The city must include written
            documentation that the automated speed enforcement system was operating correctly
            at the time of the alleged violation. A recorded image evidencing a violation of section
            3365(b) shall be admissible in any judicial or administrative proceeding to adjudicate
            the liability for the violation.
(d)  Penalty.--
(1)  The penalty for a violation under subsection (a) shall be a fine of $150 unless a
            lesser amount is set by ordinance. The ordinance may create fines for a first offense,
            second offense and third and subsequent offenses, but no single fine shall exceed
            $150.
(2)  A penalty is authorized only for a violation of this section if each of the following
            apply:
(i)  At least two appropriate warning signs are conspicuously placed at the beginning and
            end of the designated school zone notifying the public that an automated speed enforcement
            system is active and in use.
(ii)  A notice identifying the location of the automated speed enforcement system is posted
            on the city's or system administrator's publicly accessible Internet website throughout
            the period of use.
(iii)  The designated school zone is active as indicated by an official traffic-control device
            with a posted speed limit of no greater than 15 miles per hour.
(3)  A fine is not authorized during the first 30 days of operation of an automated speed
            enforcement system.
(4)  The system administrator may provide a written warning to the registered owner of
            a motor vehicle determined to have violated this section during the first 30 days
            of operation of the automated speed enforcement system.
(5)  A penalty imposed under this section shall not be deemed a criminal conviction and
            shall not be made part of the operating record under section 1535 (relating to schedule
            of convictions and points) of the individual upon whom the penalty is imposed, nor
            may the imposition of the penalty be subject to merit rating for insurance purposes.
(6)  Surcharge points may not be imposed in the provision of motor vehicle insurance coverage.
            Penalties collected under this section shall not be subject to 42 Pa.C.S. § 3571 (relating
            to Commonwealth portion of fines, etc.) or 3573 (relating to municipal corporation
            portion of fines, etc.).
(e)  Liability.--Driving in excess of the posted speed limit in a designated school zone
            by 11 miles per hour or more is a violation of this section.
(f)  Limitations.--
(1)  An automated speed enforcement system may not be utilized in such a manner as to take
            a frontal view recorded image of the motor vehicle as evidence of having committed
            a violation.
(2)  Notwithstanding any other provision of law, camera equipment deployed as part of an
            automated speed enforcement system as provided in this section must be incapable of
            automated or user-controlled remote surveillance by means of recorded video images.
            Recorded images collected as part of the automated speed enforcement system must only
            record traffic violations and may not be used for any other surveillance purposes,
            but may include video of the area enforced when triggered by a violation. 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.
(3)  Notwithstanding any other provision of law, information prepared under this section
            and information related 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, motor vehicle information
            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 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.
(4)  Recorded images obtained through the use of automated speed enforcement systems deployed
            as a means of promoting traffic safety in a city of the first class shall be destroyed
            within one year of final disposition of any recorded event, except that images subject
            to a court order under paragraph (2) or (3) shall be destroyed within two years after
            the date of the order, unless further extended by court order. A city of the first
            class shall file notice with the department that the records have been destroyed in
            accordance with this section.
(5)  Notwithstanding any other provision of law, registered motor vehicle owner information
            obtained as a result of the operation of an automated speed enforcement system under
            this section shall not be the property of the manufacturer or vendor of the automated
            speed enforcement system and may not be used for any purpose other than as prescribed
            in this section.
(6)  A violation of this subsection shall constitute a misdemeanor of the third degree
            punishable by a $500 fine. Each violation shall constitute a separate and distinct
            offense.
(g)  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 driving the motor 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 motor vehicle to disclose the identity of the driver of the motor vehicle
            at the time of the violation.
(2)  If an owner receives a notice of violation under this section of a time period during
            which the motor vehicle was reported to any police department as having been stolen,
            it shall be a defense to a violation under this section that the motor vehicle had
            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 motor vehicle at the time of the
            offense.
(4)  It shall be a defense to a violation under this section that the automated speed enforcement
            system being used to determine speed was not in compliance with section 3368 (relating
            to speed timing devices) with respect to testing for accuracy, certification or calibration.
(h)  Department approval.--
(1)  No automated speed enforcement system may be used without the approval of the department,
            which shall have the authority to promulgate regulations for the certification and
            use of the systems, which regulations may include the use of radio-microwave devices,
            commonly referred to as electronic speed meters or radar, or light detection and ranging
            devices, commonly referred to as LIDAR, in their operations.
(2)  Notwithstanding any other provision of law, the devices identified in paragraph (1)
            shall be tested for accuracy at regular intervals as designated by regulation of the
            department.
(i)  Duty of city.--If a city of the first class elects to implement this section, the
            following provisions shall apply:
(1)  The city of the first class may not use an automated speed enforcement system unless
            there is posted an appropriate sign in a conspicuous place before the school zone
            in which the automated speed enforcement system is to be used notifying the public
            that an automated speed enforcement system is in use immediately ahead.
(2)  The city of the first class shall designate or appoint the Philadelphia Parking Authority
            as the system administrator to supervise and coordinate the administration of notices
            of violation issued under this section. Compensation under a contract authorized by
            this paragraph shall be based only upon the value of equipment and services provided
            or rendered in support of the automated speed enforcement system program and may not
            be based on the quantity of notices of violation issued or amount of fines imposed
            or generated.
(3)  The system administrator shall prepare a notice of violation to the registered owner
            of a motor vehicle identified in a recorded image produced by an automated speed enforcement
            system as evidence of a violation of section 3362 (relating to maximum speed limits).
            The notice of violation must be issued by a police officer employed by the police
            department with primary jurisdiction over the area where the violation occurred. The
            notice of violation shall have the following attached to it:
(i)  a copy of the recorded image showing the motor vehicle;
(ii)  the registration number and state of issuance of the motor vehicle registration;
(iii)  the date, time and place of the alleged violation;
(iv)  notice that the violation charged is under section 3365(b); and
(v)  instructions for return of the notice of violation, which shall read:
This notice shall be returned personally, by mail or by an agent duly authorized in
            writing, within 30 days of issuance. A hearing may be obtained upon the request of
            the registered owner of the motor vehicle.
(j)  System administrator.--
(1)  The system administrator may hire and designate personnel as necessary or contract
            for services with a manufacturer or vendor to implement this section.
(2)  The system administrator shall process notices of violation and penalties issued under
            this section.
(3)  Not later than September 1 annually, the system administrator shall submit an annual
            report 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. 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 and data regarding the speeds of motor vehicles
            in the enforcement area.
(ii)  A compilation of penalties paid and outstanding and violations contested.
(iii)  The amount of money paid to a system administrator, vendor or manufacturer under this
            section.
(iv)  The number of vehicular and pedestrian accidents and related serious bodily injuries
            and deaths in the designated school zones.
(k)  Notice to owner.--In the case of a violation involving a motor vehicle registered
            under the laws of this Commonwealth, the notice of violation must be mailed within
            30 days after the commission of the violation or within 30 days after the discovery
            of the identity of the registered owner of the motor vehicle, whichever is later,
            and not thereafter to the address of the registered owner as listed in the records
            of the department. In the case of motor vehicles registered in jurisdictions other
            than this Commonwealth, the notice of violation must be mailed within 30 days after
            the discovery of the identity of the registered owner to the address of the registered
            owner as listed in the records of the official in the jurisdiction having charge of
            the registration of the motor vehicle. A notice of violation under this section must
            be provided to the registered owner within 90 days of the commission of the offense.
(l)  Mailing of notice and records.--Notice of violation must be sent by first class mail.
            A manual or automatic record of mailing prepared by the system administrator in the
            ordinary course of business shall be prima facie evidence of mailing and shall be
            admissible in any judicial or administrative proceeding as to the facts contained
            in it.
(m)  Payment of fine.--
(1)  An owner of the motor vehicle 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, electronically 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 a restricted receipts account in the Motor License Fund.
            Fines deposited into the fund under this paragraph shall be used by the department
            for a Transportation Enhancement Grants Program as established by section 3116 (relating
            to automated red light enforcement systems in first class cities). The department
            shall award transportation enhancement grants on a competitive basis. The department
            may pay actual administrative costs arising from the department's administration of
            this section. The department may not reserve, designate or set aside a specific level
            of money or percentage of money to an applicant prior to the completion of the application
            process, nor may the department designate a set percentage of money to an applicant.
            Grants shall be awarded by the department based on the majority vote 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, with the secretary
            or a designee of the secretary serving as chairperson. Priority shall be given to
            applications seeking grant money for transportation enhancements in the municipality
            where the automated speed camera system is operated.
(3)  Payment of the established fine and applicable penalties shall operate as a final
            disposition of the case.
(n)  Hearing.--
(1)  An owner of the motor vehicle to whom a notice of violation has been issued may, within
            30 days of the mailing date of the notice, request a hearing to contest the liability
            alleged in the notice. A hearing request must be made by appearing before the system
            administrator during regular office hours either personally or by an authorized agent
            or by sending a request on the prescribed form.
(2)  Upon receipt of a hearing request, the system administrator shall in a timely manner
            schedule the matter before a hearing officer. The hearing officer shall be designated
            by the city of the first class. Written notice of the date, time and place of hearing
            must be sent by first class mail to the owner of the motor vehicle. A hearing to contest
            liability may be in-person or be conducted through live-stream synchronous video conferencing
            or similar virtual presence technology and shall be only at the locations and times
            set by the system administrator.
(3)  The hearing shall be conducted in accordance with 2 Pa.C.S. Ch. 5 (relating to practice
            and procedure) and shall be subject to appeal under 2 Pa.C.S. Ch. 7 (relating to judicial
            review).
(o)  Compensation to manufacturer or vendor.--If a city of the first class has established
            an automated speed enforcement system, the compensation paid to the manufacturer or
            vendor of the automated speed enforcement system may not be based upon the number
            of traffic citations issued or a portion or percentage of the fine generated by the
            citations. The compensation paid to the manufacturer or vendor of the equipment shall
            be based upon the value of the equipment and the services provided or rendered in
            support of the automated speed enforcement system.
(p)  Revenue limitation.--A city of the first class may not collect an amount equal to
            or greater than 2% of its annual budget from the collection of revenue from the issuance
            and payment of violations under this section.
(q)  Expiration.--This section shall expire December 31, 2029.
Section 4.  The Secretary of Transportation shall transmit notice to the Legislative Reference
            Bureau for publication in the next available issue of the Pennsylvania Bulletin that
            an automated speed enforcement system is operational in the designated school zones
            under 75 Pa.C.S. § 3371.
Section 5.  This act shall take effect as follows:
(1)  The following provisions shall take effect immediately:
(i)  The amendment of 75 Pa.C.S. § 3345.1(e)(4), (f)(3), (i.2)(1), (2)(v) and (3)(i), (ii)
            and (iii), (i.3)(3) and (i.4)(4).
(ii)  The amendment of 75 Pa.C.S. §§ 3369(k) and 3370(q).
(iii)  The addition of 75 Pa.C.S. § 3370.1.
(iv)  Section 4 of this act.
(v)  This section.
(2)  The addition of 75 Pa.C.S. § 3371(e) shall take effect 60 days after the publication
            in the Pennsylvania Bulletin under section 4 of this act.
(3)  The remainder of this act shall take effect in 60 days.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO