Pennsylvania HB 1591: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in rules of the road in general, providing for private parking lots.

Bill Text

PRIOR PRINTER'S NO. 1900 PRINTER'S NO. 1939
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1591
Session of
2025
INTRODUCED BY NEILSON, HILL-EVANS, GIRAL, CEPEDA-FREYTIZ,
GALLAGHER, D. WILLIAMS AND GUZMAN, JUNE 10, 2025
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 17, 2025
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, providing for
private parking lots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3356. Private parking lots.
(a) Generally.--The owner or operator of a private parking
lot or an agent may establish rules and rates that govern the
parking of vehicles on the owner's private parking lot. Rules
and rates may include fees or charges for violating the property
owner's or operator's rules.
(b) Signage.--The owner or operator of a private parking lot
or an agent shall place signage that is legible and clearly
visible to individuals entering the area of the private parking
lot. The signage shall state that the private parking lot is not
operated by a governmental entity and list the rates for parking
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charges and for fees for violating the rules of the property
owner or operator.
(c) Invoices.--An invoice for unpaid parking charges and OR
fees for violating the rules of the property owner or operator
of a private parking lot shall be placed on the vehicle in a
prominent location or mailed to the registered owner of the
vehicle within 10 business days of the USE OF THE PRIVATE
PARKING LOT OR OF THE violation.
(d) Limited informational access.--
(1) An owner or operator of a private parking lot or an
agent may, upon the filing of an affidavit certifying the
intended use of records and the execution of a contract in a
form and manner prescribed by the department, obtain records
from the department limited to the name and mailing address
of a registration plate issued under section 1331 (relating
to issuance and reissuance of registration plates).
(2) The affidavit of intended use and contract executed
between a private parking lot owner or operator or an agent
and the department shall specify that access to records shall
be solely for the purpose of obtaining the name and mailing
address of the registrant of a vehicle which has parked an
unattended vehicle on the owner's or operator's private
parking lot and for the purpose of mailing the registrant an
invoice for unpaid parking charges and fees for violating the
rules of the private parking lot.
(3) The owner or operator of a private parking lot or an
agent, in compliance with this section, shall obtain the
records from the department via computer access.
(4) Access to registered motor vehicle owner information
by an owner or operator of a private parking lot or an agent
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shall not be considered a sale, publication or disclosure of
a driving record under section 6114(a) (relating to
limitation on sale, publication and disclosure of records)
and shall be considered a permissible use authorized under 18
U.S.C. § 2721(b)(14) (relating to prohibition on release and
use of certain personal information from State motor vehicle
records).
(5) IT SHALL BE A VIOLATION OF THIS SECTION FOR AN OWNER
OR OPERATOR OF A PRIVATE PARKING LOT OR AN AGENT TO
INTENTIONALLY USE ANY INFORMATION OBTAINED FROM THE
DEPARTMENT UNDER THIS SECTION FOR ANY PURPOSE NOT PERMITTED
UNDER PARAGRAPH (2). 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.
(e) Fees.--The department may charge a reasonable fee for
each record request. The following shall apply to the fee for
each record request:
(1) The fee may not exceed $2 in the calendar year of
the effective date of this paragraph and the calendar year
following the effective date of this paragraph.
(2) The department shall have the following duties:
(i) Determine the percentage increase in the
Consumer Price Index for All Urban Consumers for the
period beginning January 1 of the calendar year of the
effective date of this paragraph and ending December 31
of the calendar year following the effective date of this
paragraph.
(ii) Apply, as of July 1 of each calendar year in
which an increase was calculated under subparagraph (i),
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the increase calculated under subparagraph (i) to the
fee.
(iii) Determine the percentage increase in the
Consumer Price Index for All Urban Consumers for each
subsequent 12-month period and apply the increase
calculated under this subparagraph to the fee.
(3) The department shall