Trial Engrossment of Amendment A03195 to House Bill 2085 P.N. 2416, Regular Session 2021-2022

A03195

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2085

Session of

2021

INTRODUCED BY LAWRENCE, BERNSTINE, R. BROWN, DIAMOND, MUSTELLO,

OTTEN, SCHMITT, SCHROEDER AND STAMBAUGH, NOVEMBER 16, 2021

REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 16, 2021

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

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

as a secondary designation and does not replace or supersede the

primary designation by the authority with jurisdiction over the

bridge, highway, interchange or portion of the turnpike system,

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by name or number.

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 or roundabout 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 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

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 in which the State-owned bridge, State

highway , or interchange , roundabout or portion of the turnpike

system is located.

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(2) A description of the State-owned bridge, State highway ,

or interchange , roundabout or portion of the turnpike system

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 both the member of the Senate and the House of

Representatives who represent each legislative district in which

the State-owned bridge, State highway , or interchange ,

roundabout or portion of the turnpike system is located.

(5) Other information or supporting documentation as

required by the department or the Pennsylvania Turnpike

Commission.

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

equal to eight hundred fifty dollars ($850.00) per sign erected

and maintained 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 military who was killed in action during

a period of war or armed conflict.

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(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.

(v) The Governor, a member of the Pennsylvania Congressional

Delegation or a member of the General Assembly who died while in

office.

(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.

(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 members consist of 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,

State highway , or interchange , roundabout or portion of the

turnpike system previously designated under this section or by a

separate act of the General Assembly.

(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:

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(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,

commemorative designations for a State-owned bridge, State

highway , or interchange , roundabout or portion of the turnpike

system 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.

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 3 4. This act shall take effect January 1, 2023.

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