H1985B2790A03730 DMS:CDM 11/14/19 #90 A03730
AMENDMENTS TO HOUSE BILL NO. 1985
Sponsor: REPRESENTATIVE LAWRENCE
Printer's No. 2790
Amend Bill, page 1, line 9, by striking out the period after
"violation" and inserting
; and imposing a duty on the Secretary of Transportation to
notify the Federal Highway Administration.
Amend Bill, page 1, lines 12 through 14, by striking out all
of said lines and inserting
Section 1. Section 3(1) of the act of December 15, 1971
(P.L.596, No.160), known as the Outdoor Advertising Control Act
of 1971, is amended and the section is amended by adding
clauses to read:
Section 3. Definitions.--As used in this act:
[(1) "Department" shall mean the Department of
Transportation of the Commonwealth of Pennsylvania and
"secretary" shall mean the Secretary of Transportation of the
Commonwealth of Pennsylvania.]
(1.1) "Charitable association" shall mean a not-for-profit
group or body of persons which is created and exists for the
purpose of performing a humane service; promoting the good and
welfare of the aged, poor, infirm or distressed; combating
juvenile delinquency; or advancing the spiritual, mental, social
and physical improvement of young individuals.
(1.2) "Department" shall mean the Department of
Transportation of the Commonwealth.
* * *
(6.1) "Religious service organization" shall mean a not-for-
profit group or body of persons that is created and exists for
the predominant purpose of regularly holding or conducting
religious activities or religious education, without pecuniary
benefit to an officer, member or shareholder, except as
reasonable compensation for actual services rendered to the
organization.
* * *
(7.1) "Secretary" shall mean the Secretary of Transportation
of the Commonwealth.
(7.2) "Service club" shall mean a not-for-profit club which
is created and exists for the purpose of performing a humane
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service.
* * *
Section 2. Sections 4, 10 and 11 of the act are amended to
read:
Section 4. Control of Outdoor Advertising.--To effectively
control outdoor advertising, while recognizing it to be a
legitimate commercial use of property and an integral part of
the business and marketing function, no outdoor advertising
device shall be erected or maintained: (1) within six hundred
sixty feet of the nearest edge of the right-of-way if any part
of the advertising or informative contents is visible from the
main-traveled way of an interstate or primary highway, except:
(i) Official signs and notices which are required or
authorized by law and which shall conform to the national
standards promulgated by the Secretary of Transportation of the
United States pursuant to section 131 of Title 23, United States
Code.
(ii) Outdoor advertising devices advertising the sale or
lease of the real property upon which they are located.
(iii) Outdoor advertising devices advertising activities
conducted on the property on which they are located.
(iv) Outdoor advertising devices in zoned or unzoned
commercial or industrial areas along those portions of the
interstate system constructed on right-of-way, any part of the
width of which was acquired on or before July 1, 1956.
(v) Outdoor advertising devices in areas zoned commercial or
industrial along the interstate system and lying within the
boundaries of any incorporated municipality as such boundaries
existed on September 21, 1959, and devices located in any other
area which, as of September 21, 1959, was clearly established by
law as industrial or commercial.
(vi) Outdoor advertising devices in zoned or unzoned
commercial or industrial areas along the primary system.
(vii) Outdoor advertising devices in the specific interest
of the traveling public which are authorized to be erected or
maintained by the secretary and which are designed to give
information in the interest of the traveling public.
(viii) Directional signs, including but not limited to,
signs pertaining to natural wonders, scenic and historical
attractions, and other points of interest to the traveling
public which shall conform to the national standards promulgated
by the Secretary of Transportation of the United States pursuant
to section 131 of Title 23, United States Code.
(ix) Any other outdoor advertising devices permitted or
authorized along the interstate system by the official agreement
executed June 23, 1961, between the Commonwealth and the Federal
Government; provided such outdoor advertising devices do not
violate the provisions of Title 23, United States Code,
"Highways"[; or].
(x) Outdoor advertising devices permitted under section 1425
of the Fixing America's Surface Transportation Act (Public Law
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114-94 129 Stat. 1312); or
(2) More than six hundred sixty feet from the nearest edge
of such a right-of-way and visible aforesaid, if located outside
of urban areas and erected with the purpose of its message being
read from such a main-traveled way, except:
(i) Official signs and notices which are required or
authorized by law and which shall conform to the national
standards promulgated by the Secretary of Transportation of the
United States pursuant to section 131 of Title 23, United States
Code.
(ii) Outdoor advertising devices advertising the sale or
lease of the real property upon which they are located.
(iii) Outdoor advertising devices advertising activities
conducted on the property on which they are located.
(iv) Directional signs, including but not limited to, signs
pertaining to natural wonders, scenic and historical
attractions, and other points of interest to the traveling
public which shall conform to the national standards promulgated
by the Secretary of Transportation of the United States pursuant
to section 131 of Title 23, United States Code.
(v) Outdoor advertising devices permitted under section 1425
of the Fixing America's Surface Transportation Act.
Amend Bill, page 2, lines 9 and 10, by striking out "one
hundred square feet with a maximum height of ten feet and
maximum length of ten feet" and inserting
thirty-two square feet
Amend Bill, page 2, line 13, by striking out "religious" and
inserting
s ervice club, charitable association or religious service
Amend Bill, page 2, line 14, by inserting a period after
"organization"
Amend Bill, page 2, lines 14 through 23, by striking out "
that has not erected any other outdoor advertising" in line 14
and all of lines 15 through 23 and inserting
(3) The outdoor advertising device was erected on or before
December 4, 2015, or was removed between December 4, 2012, and
December 4, 2015.
Amend Bill, page 3, by inserting between lines 13 and 14
Section 3. The Secretary of Transportation of the
Commonwealth shall notify the Federal Highway Administration
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with 60 days of the effective date of this section that the
State has elected to exempt signs less than 32 square feet owned
by a service club, charitable association or religious service
organization as permitted by section 1425 of the Fixing
America's Surface Transportation Act (Public Law 114-94).
Amend Bill, page 3, line 14, by striking out "2" and
inserting
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See A03730 in
the context
of HB1985