H0140B0387A05253 PWK:JMT 06/29/22 #90 A05253
AMENDMENTS TO HOUSE BILL NO. 140
Sponsor: SENATOR LANGERHOLC
Printer's No. 387
Amend Bill, page 1, line 7, by striking out "3354(d)(2.1) and
(f)" and inserting
3354(d)(2.1), (f) and (h)
Amend Bill, page 2, by inserting between lines 18 and 19
(4) Prior to design or construction of a protected
pedestrian plaza or pedalcycle lane under this subsection,
the political subdivision and department shall provide
deference to the following:
(i) Businesses whose front or rear entrance is
facing the highway for the purposes of loading and
unloading property or passengers.
(ii) Electric vehicle charging infrastructure.
(5) Before a political subdivision in a county of the
second through eighth class may design or construct a
protected pedestrian plaza or protected pedalcycle lane under
this subsection, the department shall certify that the
political subdivision is compliant with and is enforcing all
applicable provisions of this title. The following shall
apply:
(i) A political subdivision that has an ordinance
that is inconsistent with this title or causes a
violation of this title, including any ordinance that
creates tiered violations of this title, including, but
not limited to, primary or secondary violations, shall be
considered to be a violation of this section.
(ii) A political subdivision that directs a police
officer to not enforce the provisions of this title shall
be considered to be in violation of this section.
(iii) A political subdivision that is in violation
of this paragraph may not construct a protected
pedestrian plaza or pedalcycle lane under this
subsection. The political subdivision may construct the
protected pedestrian plaza or pedalcycle lane under this
subsection if the department determines that the
political subdivision is compliant with this paragraph.
(6) Before a political subdivision in a county of the
first class may design or construct a protected pedestrian
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plaza or protected pedalcycle lane under this subsection, the
following must occur:
(i) The department certifies that the political
subdivision is compliant with and is enforcing all
applicable provisions of this title. The following shall
apply:
(A) A political subdivision that has an
ordinance that is inconsistent with this title or
causes a violation of this title, including any
ordinance that creates tiered violations of this
title, including, but not limited to, primary or
secondary violations, shall be considered to be a
violation of this section.
(B) A political subdivision that directs a
police officer to not enforce the provisions of this
title shall be considered to be in violation of this
section.
(C) A political subdivision that is in violation
of this paragraph may not construct a protected
pedestrian plaza or pedalcycle lane under this
subsection. The political subdivision may construct
the protected pedestrian plaza or pedalcycle lane
under this subsection if the department determines
that the political subdivision is compliant with this
paragraph.
(ii) The Attorney General has appointed a special
prosecutor in the county of the first class to
investigate and institute criminal proceedings for a
violation of the laws of this Commonwealth occurring
within a public transportation authority that serves as
the primary provider of public passenger transportation
in the county of the first class. The following shall
apply:
(A) The special prosecutor shall have a minimum
of three years' experience in criminal prosecutions
within this Commonwealth and have not been employed
by the district attorney's office of the county of
the first class within six years of the enactment of
this section.
(B) Notwithstanding any other provision of law
or regulation, the special prosecutor shall have the
authority to investigate and institute criminal
proceedings for a violation of the laws of this
Commonwealth. The special prosecutor's authority
shall include, but not be limited to, the following:
(I) Participating in court proceedings and
engaging in any criminal litigation, that the
special prosecutor considers necessary.
(II) Appealing any decision of a court in
any case or proceeding in which the special
prosecutor participates in an official capacity.
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(III) Reviewing all available evidence.
(IV) Making application to the appropriate
court for a grant of immunity to a witness,
consistent with applicable statutory
requirements, or for warrants, subpoenas or other
court orders.
(V) Initiating and conducting prosecutions
in any court of competent jurisdiction, filing
information and handling all aspects of any case
in the name of the Commonwealth.
(C) No person charged with a violation of the
law by the special prosecutor shall have standing to
challenge the authority of the special prosecutor to
prosecute the case, and, if any challenge is made,
the challenge shall be dismissed and no relief shall
be available in the courts of this Commonwealth to
the individual making the challenge.
(D) The appointed special prosecutor shall serve
for three years. This subsection shall not apply to
any case instituted three years after the effective
date of this subsection.
(E) The county of the first class must comply
with this subsection for the duration of the special
prosecutor's appointment.
(F) The special prosecutor shall compile a
report related to the criminal activity and
administrative proceedings within a public
transportation authority that serves as the primary
provider of public passenger transportation in the
county of the first class. The following shall apply:
(I) The initial report shall be submitted no
later than 90 days following appointment.
Following the initial report, annual reports
shall be submitted to the General Assembly.
(II) Reports shall be submitted to the
following:
(a) The President pro tempore of the
Senate.
(b) The Speaker of the House of
Representatives.
(c) The chairperson and minority
chairperson of the Judiciary Committee of the
Senate.
(d) The chairperson and minority
chairperson of the Judiciary Committee of the
House of Representatives.
(e) The chairperson and minority
chairperson of the Transportation Committee
of the Senate.
(f) The chairperson and minority
chairperson of the Transportation Committee
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of the House of Representatives.
(III) If, at any time, the General Assembly
finds the contents of the report to be
unsatisfactory, including if the special
prosecutor has been found not to reduce crime or
result in successful prosecutions, the General
Assembly shall pass a concurrent resolution in
opposition of the report. Following the passage
of the concurrent resolution, the department
shall prohibit the construction of protected
pedestrian plazas and pedalcycle lanes in the
county of the first class until the General
Assembly passes a concurrent resolution in
support of a subsequent report.
(G) The requirements under this subparagraph
shall expire three years following the appointment of
the special prosecutor.
Amend Bill, page 3, by inserting between lines 11 and 12
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Access aisle." A physical area marked in accordance with
departmental regulations:
(1) designated by white or blue pavement marking hash
marks, cross-hatching or other similar visual no-parking
indicators;
(2) which provides additional space for a person using a
wheelchair, wheelchair lift or other mobility device; and
(3) which is located adjacent to a parking space
reserved for a person with a disability.
"Person with a disability." A person issued a plate or
placard.
"Plate or placard." A plate or placard issued under:
(1) Section 1338 (relating to person with disability
plate and placard).
(2) Section 1342(a) or (b) (relating to veteran plates
and placard).
"Political subdivision." A county, city, borough,
incorporated town, township or home rule municipality in this
Commonwealth.
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