Regular Session 2021-2022 House Bill 0140 P.N. 3333

SENATE AMENDED

PRIOR PRINTER'S NOS. 106, 387

PRINTER'S NO. 3333

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

140

Session of

2021

INTRODUCED BY MALONEY, LONGIETTI, SANCHEZ, SIMS, WHEELAND,

D. WILLIAMS, MULLINS, KINSEY, HARKINS, HOHENSTEIN, SOLOMON,

STEPHENS, DOWLING, WHITE, B. MILLER, DALEY, SCHMITT,

T. DAVIS, INNAMORATO, KRAJEWSKI, O'MARA, HEFFLEY, KENYATTA,

DELLOSO AND SAMUELSON, JANUARY 13, 2021

SENATOR LANGERHOLC, TRANSPORTATION, IN SENATE, AS AMENDED,

JUNE 30, 2022

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for additional parking regulations.

This act may be referred to as Susan's and Emily's Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3354(d)(2.1) and (f) 3354(D)(2.1), (F)

AND (H) of Title 75 of the Pennsylvania Consolidated Statutes

are amended and the section is amended by adding a subsection to

read:

§ 3354. Additional parking regulations.

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(b.1) Protected pedestrian plazas and pedalcycle lanes.--

(1) When there is an on-street pedestrian plaza or a

pedalcycle lane adjacent to the right-hand curb of a two-way

or one-way highway, a vehicle standing or parked upon the

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right-hand side of the two-way or one-way highway shall be

positioned in the direction of authorized traffic movement

with the right-hand wheels of the vehicle parallel to and

within 12 inches of the outside line of the buffer area

between the pedestrian plaza or pedalcycle lane and parking.

(2) When there is an on-street pedestrian plaza or a

pedalcycle lane adjacent to the left-hand curb of a one-way

or median-divided, two-way highway, a vehicle standing or

parked upon the left-hand side of the highway shall be

positioned in the direction of authorized traffic movement

with the left-hand wheels of the vehicle parallel to and

within 12 inches of the outside line of the buffer area

between the pedestrian plaza or pedalcycle lane and parking.

(3) Nothing under this section shall be deemed to

prevent a local authority from enacting parking regulations

under section 6109 (relating to specific powers of department

and local authorities) to provide for a special, alternative

or temporary configuration and signage for parking on a

highway with an on-street pedestrian plaza or pedalcycle

lane.

(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

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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

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

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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.

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

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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.

(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.

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

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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.

CHAIRPERSON OF THE JUDICIARY COMMITTEE OF THE

SENATE.

(D) THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE JUDICIARY COMMITTEE OF THE

HOUSE OF REPRESENTATIVES.

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(E) THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE TRANSPORTATION COMMITTEE

OF THE SENATE.

(F) THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE TRANSPORTATION COMMITTEE

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.

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(d) Person with a disability and disabled veterans.--

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(2.1) Local authorities may limit access to a parking

space reserved under paragraph (2) to a specific vehicle,

license plate or other method of designation. Under this

paragraph, local authorities may charge a reasonable fee and

shall comply with section 6109 [(relating to specific powers

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of department and local authorities)] and the Americans with

Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).

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(f) Penalty.--A person violating subsection (a), (b), (b.1)

or (d)(1) is guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of not more than $15. A

person violating subsection (d)(2) or (3) or (e) is guilty of a

summary offense and shall, upon conviction, be sentenced to pay

a fine of not less than $50 nor more than $200. If a person is

convicted under subsection (d)(2) or (3) in the absence of a

sign stating the penalty amount, the fine imposed may not exceed

$50. A person violating subsection (d.1) is guilty of a summary

offense and shall, upon conviction, be sentenced to pay a fine

of not less than $100 nor more than $300.

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(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:

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(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.

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

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