Trial Engrossment of Amendment A03730 to House Bill 1985 P.N. 2790, Regular Session 2019-2020

A03730

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1985

Session of

2019

INTRODUCED BY LAWRENCE, BURGOS, CALTAGIRONE, SCHLEGEL CULVER,

DUSH, EVERETT, FEE, GABLER, HEFFLEY, HERSHEY, HILL-EVANS,

JOZWIAK, KAUFFMAN, KEEFER, MILLARD, B. MILLER, OWLETT,

PICKETT, PYLE, RADER, RIGBY, SCHMITT, STAATS, TOPPER AND

ZIMMERMAN, OCTOBER 25, 2019

REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 25, 2019

AN ACT

Amending the act of December 15, 1971 (P.L.596, No.160),

entitled "An act providing for the control and regulation of

outdoor advertising adjacent to the interstate and primary

highway systems within this Commonwealth; providing for

administration by the Department of Transportation to comply

with Federal requirements as a condition to the receipt of

highway funds; fixing penalties and making appropriations,"

further providing for removal of prohibited advertising

devices and for penalties for violation.; and imposing a duty

on the Secretary of Transportation to notify the Federal

Highway Administration.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 10 and 11 of the act of December 15,

1971 (P.L.596, No.160), known as the Outdoor Advertising Control

Act of 1971, are amended to read:

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

service.

* * *

Section 2. Sections 4, 10 and 11 of the act are amended to

read:

Section 4. Control of Outdoor Advertising.--To effectively

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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

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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

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.

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(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.

Section 10. Removal of Prohibited Advertising Devices.--(a)

In addition to the penalties prescribed in this act, the

secretary may institute any appropriate action or proceeding

after thirty days' written notice of a violation to the person

or persons maintaining or allowing to be maintained such device,

to prevent, restrain, correct or abate a violation or to cause

the removal of any advertising device erected or maintained in

violation of the provisions of this act, or the secretary may

have any such device corrected or removed by his employes.

(b) Notwithstanding subsection (a) or any other law to the

contrary, neither the secretary nor any other employe acting at

his direction may remove or cause to be removed an outdoor

advertising device that meets all of the following criteria:

(1) The maximum area of one side of the outdoor advertising

device does not exceed one hundred square feet with a maximum

height of ten feet and maximum length of ten feet thirty-two

square feet , inclusive of any border and trim but excluding the

base or apron, supports and other structural members.

(2) The outdoor advertising device is owned by a religious

s ervice club, charitable association or religious service

organization . that has not erected any other outdoor advertising

device under this subsection. For purposes of this clause, a

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singular two-sided outdoor advertising device shall be

considered one outdoor advertising device.

(3) The outdoor advertising device is located not more than

one and one-half miles from a structure owned by the religious

organization.

(4) The outdoor advertising device is erected with written

approval of the municipality in which the outdoor advertising

device is located.

(3) The outdoor advertising device was erected on or before

December 4, 2015, or was removed between December 4, 2012, and

December 4, 2015.

person or persons responsible for the erection or maintenance of

such device and the person or persons allowing such device to be

maintained shall be liable to the department for the cost of

removal or correction of such device.

(d) Neither the secretary nor any other employe acting at

his direction shall be liable in any criminal or civil action

for damages for any action authorized by this act.

Section 11. Penalties for Violation.--(a) Any person who

shall erect or cause or allow to be erected or maintained any

advertising device in violation of this act, shall, upon summary

conviction thereof, be sentenced to pay a fine of five hundred

dollars ($500) to be paid into the Highway Beautification Fund,

and in default of the payment thereof, shall undergo

imprisonment for thirty days. Each day a device is maintained in

violation of this act after conviction shall constitute a

separate offense.

(b) Subsection (a) shall not apply to an outdoor advertising

device that satisfies all of the criteria specified under

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section 10(b).

Section 3. The Secretary of Transportation of the

Commonwealth shall notify the Federal Highway Administration

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).

Section 2 4. This act shall take effect in 60 days.

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