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A05212
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1093
Session of
2022
INTRODUCED BY GEBHARD, MENSCH, SCHWANK, BOSCOLA, STEFANO AND
FLYNN, FEBRUARY 23, 2022
SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, MAY 25, 2022
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 definitions., for control of outdoor
advertising, 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. Section 3(2) of the act of December 15, 1971
(P.L.596, No.160), known as the Outdoor Advertising Control Act
of 1971, is amended to read:
Section 3. Definitions.--As used in this act:
* * *
Section 1. Section 3(1) and (2) of the act of December 15,
1971 (P.L.596, No.160), known as the Outdoor Advertising Control
Act of 1971, are amended and the section is amended by adding
clauses to read:
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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.
(2) "Erect" means to construct, build, assemble, place,
affix, attach, create, paint, draw, or in any other way bring
into being or establish, but it shall not include any of the
foregoing activities when performed as an incident to the change
of advertising message or customary maintenance and repair of a
sign or sign structure, including a change to energy efficient
lighting[.], INCLUDING A CHANGE TO ENERGY EFFICIENT LIGHTING
PROVIDED THAT, FOR SIGNS THAT WERE LEGALLY ERECTED BUT DO NOT
CONFORM TO THE REQUIREMENTS OF THIS ACT, SUCH LIGHTING DOES NOT
REQUIRE ANY STRUCTURAL CHANGES TO A SIGN OR INCLUDE ANY BRACING,
GUY WIRE OR OTHER REINFORCING DEVICES OR UPGRADES TO THE SIGN'S
STRUCTURAL SUPPORT.
* * *
(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
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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
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
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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
114-94, 129 Stat. 1312); or
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(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.
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.
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(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 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 s ervice
club, charitable association or religious service organization.
(3) The outdoor advertising device was erected on or before
December 4, 2015, or was removed between December 4, 2012, and
December 4, 2015.
(c) In the event of [such] removal under subsection (a), the
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.
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(b) Subsection (a) shall not apply to an outdoor advertising
device that satisfies all of the criteria specified under
section 10(b).
Section 3. The Secretary of Transportation of the
Commonwealth shall notify the Federal Highway Administration
within 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, 129
Stat. 1312).
Section 2 4. This act shall take effect in 60 days.
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