PRIOR PRINTER'S NO. 692
PRINTER'S NO. 803
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
615
Session of
2021
INTRODUCED BY HUTCHINSON, YAW, STEFANO, MENSCH, PITTMAN,
MASTRIANO, BARTOLOTTA, BROOKS, FONTANA, J. WARD AND GORDNER,
MAY 3, 2021
SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, MAY 25, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in powers of department and local authorities,
further providing for specific powers of department and local
authorities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6109(a)(3) of Title 75 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding a subsection to read:
§ 6109. Specific powers of department and local authorities.
(a) Enumeration of police powers.--The provisions of this
title shall not be deemed to prevent the department on State-
designated highways and local authorities on streets or highways
within their physical boundaries from the reasonable exercise of
their police powers. The following are presumed to be reasonable
exercises of police power:
* * *
(3) [Regulating] Subject to subsection (j), regulating
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or prohibiting processions, special activities or assemblages
on highways.
* * *
(j) Permits for processions, special activities and
assemblages on State-designated highways.--The department may
not require, as a condition for the approval of a permit for a
procession, special activity or assemblage on a State-designated
highway, a local authority to submit a statement that the local
authority will agree to fully indemnify, save harmless and
defend the Commonwealth, Commonwealth departments and their
officers, agents and employees from and against claims, suits or
actions for injury, death or property damage arising from or
because of the acts or omissions of its officers, agents or
employees or of the sponsor of the procession, special activity
or assemblage, unless all of the following conditions are met:
(1) The sponsor of the procession, special activity or
assemblage is not the local authority.
(2) The sponsor will fully indemnify, save harmless and,
if requested, defend the Commonwealth, Commonwealth
departments, and their officers, agents and employees from
and against claims, suits or actions for injury, death or
property damage arising from or because of the acts or
omissions of the sponsor, its officers, agents or employees.
(3) The sponsor names the department as an additional
insured on its liability policies and the liability insurance
policies are occurrence based and the insurance certificate
indicates that the insurance is occurrence based.
(4) The sponsor agrees to reimburse the Commonwealth for
all costs for police escort and traffic-control services.
(5) The local authority approves of the sponsor
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conducting the procession, special activity or assemblage.
(6) The local authority agrees to provide adequate
detour signing or police controls for the rerouting of
traffic along an alternate route, if requested by the
department.
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTION 6109(A)(3) OF TITLE 75 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS
AMENDED BY ADDING SUBSECTIONS TO READ:
§ 6109. SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES.
(A) ENUMERATION OF POLICE POWERS.--THE PROVISIONS OF THIS
TITLE SHALL NOT BE DEEMED TO PREVENT THE DEPARTMENT ON STATE-
DESIGNATED HIGHWAYS AND LOCAL AUTHORITIES ON STREETS OR HIGHWAYS
WITHIN THEIR PHYSICAL BOUNDARIES FROM THE REASONABLE EXERCISE OF
THEIR POLICE POWERS. THE FOLLOWING ARE PRESUMED TO BE REASONABLE
EXERCISES OF POLICE POWER:
* * *
(3) [REGULATING] SUBJECT TO SUBSECTIONS (J) AND (J.1) ,
REGULATING OR PROHIBITING PROCESSIONS, SPECIAL ACTIVITIES OR
ASSEMBLAGES ON HIGHWAYS.
* * *
(J) PERMITS FOR PROCESSIONS, SPECIAL ACTIVITIES AND
ASSEMBLAGES ON STATE-DESIGNATED HIGHWAYS.--THE DEPARTMENT MAY
NOT REQUIRE, AS A CONDITION FOR THE APPROVAL OF A PERMIT FOR A
PROCESSION, SPECIAL ACTIVITY OR ASSEMBLAGE ON A STATE-DESIGNATED
HIGHWAY, A LOCAL AUTHORITY TO SUBMIT A STATEMENT THAT THE LOCAL
AUTHORITY WILL AGREE TO FULLY INDEMNIFY, SAVE HARMLESS AND
DEFEND THE COMMONWEALTH, COMMONWEALTH DEPARTMENTS AND THEIR
OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST CLAIMS, SUITS OR
ACTIONS FOR INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM OR
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BECAUSE OF THE ACTS OR OMISSIONS OF ITS OFFICERS, AGENTS OR
EMPLOYEES OR OF THE SPONSOR OF THE PROCESSION, SPECIAL ACTIVITY
OR ASSEMBLAGE, IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
(1) THE SPONSOR OF THE PROCESSION, SPECIAL ACTIVITY OR
ASSEMBLAGE IS NOT THE LOCAL AUTHORITY.
(2) THE SPONSOR WILL FULLY INDEMNIFY, SAVE HARMLESS AND,
IF REQUESTED, DEFEND THE COMMONWEALTH, COMMONWEALTH
DEPARTMENTS, AND THEIR OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST CLAIMS, SUITS OR ACTIONS FOR INJURY, DEATH OR
PROPERTY DAMAGE ARISING FROM OR BECAUSE OF THE ACTS OR
OMISSIONS OF THE SPONSOR, ITS OFFICERS, AGENTS OR EMPLOYEES.
(3) THE SPONSOR NAMES THE DEPARTMENT AS AN ADDITIONAL
INSURED ON ITS LIABILITY POLICIES AND THE LIABILITY INSURANCE
POLICIES ARE OCCURRENCE BASED AND THE INSURANCE CERTIFICATE
INDICATES THAT THE INSURANCE IS OCCURRENCE BASED.
(4) THE SPONSOR AGREES TO REIMBURSE THE COMMONWEALTH FOR
ALL COSTS FOR POLICE ESCORT AND TRAFFIC-CONTROL SERVICES.
(5) THE LOCAL AUTHORITY APPROVES OF THE SPONSOR
CONDUCTING THE PROCESSION, SPECIAL ACTIVITY OR ASSEMBLAGE.
(6) THE LOCAL AUTHORITY AGREES TO PROVIDE ADEQUATE
DETOUR SIGNING OR POLICE CONTROLS FOR THE REROUTING OF
TRAFFIC ALONG AN ALTERNATE ROUTE, IF REQUESTED BY THE
DEPARTMENT.
(J.1) SOVEREIGN IMMUNITY.--
(1) NOTHING IN SUBSECTION (J) SHALL BE CONSTRUED TO
REQUIRE THE DEPARTMENT TO ISSUE A PERMIT FOR A PROCESSION,
ASSEMBLAGE OR SPECIAL ACTIVITY THAT WILL OCCUR ON A STREET,
HIGHWAY OR REAL ESTATE DEEMED BY THE DEPARTMENT TO BE UNSAFE
FOR USE BY PARTICIPANTS. THE DEPARTMENT, ITS SERVANTS AND
AGENTS, EMPLOYEES AND REPRESENTATIVES ACTING ON ITS BEHALF
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SHALL BE IMMUNE FROM SUIT BY PARTICIPANTS FOR PERSONAL
INJURIES OR PROPERTY DAMAGES ARISING DURING A PROCESSION,
ASSEMBLAGE OR SPECIAL ACTIVITY PERMITTED BY THE DEPARTMENT
UNDER 42 PA.C.S. §§ 8521 (RELATING TO SOVEREIGN IMMUNITY
GENERALLY) AND 8522 (RELATING TO EXCEPTIONS TO SOVEREIGN
IMMUNITY).
(2) THE TERM "PARTICIPANTS" SHALL INCLUDE SPECTATORS,
EVENT SPONSORS, MUNICIPAL OFFICIALS, POLICE, FIRE POLICE,
MEDIA AND OTHERS PRESENT DURING THE PROCESSION, ASSEMBLAGE OR
SPECIAL ACTIVITY PERMITTED BY THE DEPARTMENT.
SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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