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PRIOR PRINTER'S NOS. 2416, 2526
PRINTER'S NO. 2898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2085
Session of
2021
INTRODUCED BY LAWRENCE, BERNSTINE, R. BROWN, DIAMOND, MUSTELLO,
OTTEN, SCHMITT, SCHROEDER, STAMBAUGH, GILLEN AND KINKEAD,
NOVEMBER 16, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 29, 2022
AN ACT
Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
"An act relating to roads, streets, highways and bridges;
amending, revising, consolidating and changing the laws
administered by the Secretary of Highways and by the
Department of Highways relating thereto," providing for
commemorative designations; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and section 102 of the act of June 1,
1945 (P.L.1242, No.428), known as the State Highway Law, are
amended to read:
AN ACT
Relating to roads, streets, highways and bridges; amending,
revising, consolidating and changing the laws administered by
the Secretary of [Highways] Transportation and by the
Department of [Highways] Transportation relating thereto.
Section 102. Definitions.--When used in this act, the
following words and phrases shall have the following meanings:
(1) "State highway" shall mean and include all roads and
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highways taken over by the Commonwealth as State highways under
the provisions of any act of Assembly. Unless clearly so
intended, the term shall not include any street in any city,
borough or incorporated town, even though the same may have been
taken over as a State highway.
(2) "Rural State highway system" shall mean and include all
roads and highways taken over by the Commonwealth as State
highways under the provisions of the act, approved the twenty-
second day of June, one thousand nine hundred thirty-one
(Pamphlet Laws, five hundred ninety-four), act number two
hundred three, entitled "An act establishing certain township
roads as State highways; authorizing their construction,
maintenance, and improvement under certain conditions and
restrictions; limiting the obligation of the Commonwealth in the
construction of certain structures located on such highways;
conferring certain powers upon the Department of [Highways]
Transportation and local authorities, persons, associations and
corporations for sharing the cost of the maintenance and
construction of such highways; and making an appropriation to
carry out the provisions of said act," and its supplements and
amendments, and all other roads and highways specifically
designated as rural State highways.
(3) "Department" shall mean the Department of [Highways]
Transportation of the Commonwealth.
(4) "Secretary" shall mean the Secretary of [Highways]
Transportation of the Commonwealth.
(5) "Commemorative designation" shall mean the naming of a
bridge, highway, interchange or portion of the turnpike system
STATE-OWNED TRANSPORTATION INFRASTRUCTURE as a secondary
designation and does not replace or supersede the primary
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designation by the authority with jurisdiction over the bridge,
highway, interchange or portion of the turnpike system, by name
or number.
(6) "STATE-OWNED TRANSPORTATION INFRASTRUCTURE" SHALL MEAN
ANY OF THE FOLLOWING:
(I) A STATE-OWNED HIGHWAY, INCLUDING A PORTION THEREOF.
(II) A STATE-OWNED BRIDGE.
(III) A STATE-OWNED EXPRESSWAY OR INTERSTATE INTERCHANGE.
(IV) A PORTION OF THE TURNPIKE SYSTEM.
Section 2. The act is amended by adding a section to read:
Section 204.1. Commemorative Designations.-- (a) (1) At the
secretary's discretion and subject to the limitations in
subsection (d), the secretary may, upon receipt of a completed
application under subsection (b) and the fee required under
subsection (c), approve a commemorative designation of a State-
owned bridge, highway or interchange STATE-OWNED TRANSPORTATION
INFRASTRUCTURE UNDER AUTHORITY OF THE DEPARTMENT honoring an
individual or group and direct the department to erect and
maintain appropriate signs for the commemorative designation.
(2) At the Pennsylvania Turnpike Commission's discretion and
subject to the limitations in subsection (d), the Pennsylvania
Turnpike Commission may, upon receipt of a completed application
under subsection (b) and the fee required under subsection (c),
approve a commemorative designation of a portion of the turnpike
system or a bridge or interchange STATE-OWNED TRANSPORTATION
INFRASTRUCTURE under the authority of the Pennsylvania Turnpike
Commission honoring an individual or group and erect and
maintain appropriate signs for the commemorative designation.
(b) An application for a commemorative designation under
subsection (a) may be submitted by an individual, organization
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or a political subdivision and shall be submitted on a form and
in a manner as required by the department or the Pennsylvania
Turnpike Commission. The application shall include all of the
following:
(1) A petition containing a minimum of one hundred ( 100)
signatures supporting the commemorative designation from
residents of the county or counties in which the State-owned
bridge, highway or interchange or portion of the turnpike system
STATE-OWNED TRANSPORTATION INFRASTRUCTURE is located.
(2) A description of the State-owned bridge, highway or
interchange or portion of the turnpike system STATE-OWNED
TRANSPORTATION INFRASTRUCTURE being requested for the
commemorative designation.
(3) The name of the individual or group that the
commemorative designation would honor and a biography of the
individual or a description of the group.
(4) Signed letters of support for the commemorative
designation from each member of the Senate and the House of
Representatives who represent each legislative district in which
the State-owned bridge, highway or interchange or portion of the
turnpike system STATE-OWNED TRANSPORTATION INFRASTRUCTURE is
located.
(5) A resolution supporting the commemorative designation
approved by the governing body of each city, borough,
incorporated town or township in which the State-owned bridge,
highway, interchange, roundabout or portion of the turnpike
system STATE-OWNED TRANSPORTATION INFRASTRUCTURE is located.
(6) IF THE COMMEMORATIVE DESIGNATION HONORS AN INDIVIDUAL, A
SIGNED STATEMENT FROM THE APPLICANT ATTESTING THAT THE
INDIVIDUAL HAS NOT BEEN CONVICTED OF AN OFFENSE GRADED AS A
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FELONY IN THIS COMMONWEALTH OR A SIMILAR OR EQUIVALENT OFFENSE
IN ANOTHER JURISDICTION.
(6) (7) Other information or supporting documentation as
required by the department or the Pennsylvania Turnpike
Commission.
(c) (1) Except as provided in paragraph (2), upon the
approval of an application for a commemorative designation under
subsection (a), the department or the Pennsylvania Turnpike
Commission shall require the applicant, prior to the
installation of signs for the commemorative designation, to
submit a one-time fee to the department or the Pennsylvania
Turnpike Commission to cover costs associated with the erection
and maintenance of the signs. The fee shall not exceed an amount
determined by the department or the Pennsylvania Turnpike
Commission for the commemorative designation.
(2) No fee shall be required by the department or the
Pennsylvania Turnpike Commission for a commemorative designation
approved under subsection (a) for any of the following:
(i) A member of the armed forces of the United States,
including a reserve component or National Guard, killed in the
line of duty.
(ii) A member of law enforcement killed in the line of duty.
(iii) An emergency responder killed in the line of duty.
(iv) A commemorative designation honoring a group consisting
of veterans, law enforcement or emergency responders or honoring
veterans, law enforcement or emergency responders generally.
(d) The secretary or the Pennsylvania Turnpike Commission
shall not approve a commemorative designation under subsection
(a) for any of the following:
(1) An individual who is not deceased.
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(2) An individual who did not reside in this Commonwealth
during their lifetime.
(3) A private business.
(4) A not-for-profit organization, except for a not-for-
profit organization whose membership consists of a majority of
veterans, current or former members of law enforcement or
current or former emergency responders.
(5) A commemorative designation for a State-owned bridge,
highway or interchange or portion of the turnpike system STATE-
OWNED TRANSPORTATION INFRASTRUCTURE previously designated under
this section or by a separate act of the General Assembly.
(6) AN INDIVIDUAL WHO HAS BEEN CONVICTED OF AN OFFENSE
GRADED AS A FELONY IN THIS COMMONWEALTH OR A SIMILAR OR
EQUIVALENT OFFENSE IN ANOTHER JURISDICTION .
(e) Not later than January 31, 2024, and annually each year
thereafter, the department and the Pennsylvania Turnpike
Commission shall issue a report to the chairman and minority
chairman of the Transportation Committee of the Senate and the
chairman and minority chairman of the Transportation Committee
of the House of Representatives containing all of the following
for the previous calendar year:
(1) A list of all commemorative designations approved under
subsection (a).
(2) A biography or description of each individual or group
honored by a commemorative designation.
(3) Total amounts collected from the fee required under
subsection (c).
(4) Any other information at the discretion of the
department or the Pennsylvania Turnpike Commission.
(f) Notwithstanding any other provision of law,
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commemorative designations for a State-owned bridge, highway or
interchange or portion of the turnpike system STATE-OWNED
TRANSPORTATION INFRASTRUCTURE shall only be made by the
department or the Pennsylvania Turnpike Commission after the
effective date of this section according to the provisions of
this section.
(G) AS USED IN THIS SECTION, THE TERM "CONVICTION" SHALL
MEAN A CONVICTION, A FINDING OF GUILTY OR THE ENTERING OF A PLEA
OF GUILTY OR NOLO CONTENDERE, WHETHER OR NOT JUDGMENT OF
SENTENCE HAS BEEN IMPOSED, AS DETERMINED BY THE LAW OF THE
JURISDICTION IN WHICH THE PROSECUTION WAS HELD. THE TERM DOES
NOT INCLUDE A CONVICTION THAT HAS BEEN EXPUNGED OR OVERTURNED OR
FOR WHICH AN INDIVIDUAL HAS BEEN PARDONED.
Section 3. The provisions of this act shall not affect any
power of the department or any county or municipality to
designate, by letter, or name or number any highway or roadway
under the department's or county's or municipality's respective
jurisdictions, including any part or parts thereof, or any
combinations or parts of highways existing as of the effective
date of this act.
Section 4. This act shall take effect January 1, 2023.
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