PRINTER'S NO. 2782
No. 2176 Session of 1982
INTRODUCED BY ITKIN, POTT, MICHLOVIC, SWEET, JOHNSON, LAUGHLIN,
COWELL AND KUKOVICH, JANUARY 25, 1982
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JANUARY 25, 1982
AN ACT
1 Amending the act of April 6, 1956 (1955 P.L.1414, No.465),
2 entitled, as amended, "An act to promote the welfare of the
3 people of this Commonwealth; creating Port Authorities to
4 function in counties of the second class as bodies corporate
5 and politic, with power to plan, acquire, construct, maintain
6 and operate facilities and projects for the improvement and
7 development of the port district and to borrow money and
8 issue bonds therefor; providing for the payment of such bonds
9 and prescribing the rights of the holders thereof; conferring
10 the right of eminent domain on the authorities; authorizing
11 the authorities to enter into contracts with and to accept
12 grants from the Federal government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates and services; and authorizing the authorities to
15 collect tolls, fares, fees, rentals and charges for the use
16 of facilities; defining the authorities' powers and duties,
17 and defining the port districts; granting Port Authorities
18 the exclusive right to engage in the business of owning,
19 operating, and maintaining a transportation system for the
20 transportation of persons in counties of the second class,
21 providing, when necessary, for extension of transportation
22 systems into adjoining counties and outside of said counties
23 as provided in the act; limiting the jurisdiction of the
24 Public Utility Commission over Port Authorities; authorizing
25 municipalities to make loans and grants and to transfer
26 existing facilities; authorizing Port Authorities to enter
27 into contracts with and to accept grants from State and local
28 governments or agencies thereof; exempting the property and
29 facilities of such Port Authorities from taxation and
30 limiting the time to commence civil action against said
31 Authorities," further providing for powers of Port
32 Authorities.
33 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Clause (9) of subsection (b) of section 3, act of
3 April 6, 1956 (1955 P.L.1414, No.465), known as the "Second
4 Class County Port Authority Act," amended October 7, 1959
5 (P.L.1266, No.429) and repealed in part June 3, 1971 (P.L.118,
6 No.6) and April 28, 1978 (P.L.202, No.53), is amended to read:
7 Section 3. * * *
8 (b) Each authority is hereby granted and shall have and may
9 exercise all powers necessary or convenient for the carrying out
10 of the aforesaid purposes, including but without limiting the
11 generality of the foregoing, the following rights or powers:
12 * * *
13 (9) To fix, alter, charge and collect fares, rates, rentals
14 and other charges for its facilities by zones or otherwise at
15 reasonable rates to be determined exclusively by it, subject to
16 appeal, as hereinafter provided, for the purpose of providing
17 for the payment of the expenses of the authority, the
18 acquisition, construction, improvement, repair, maintenance and
19 operation of its facilities and properties, the payment of the
20 principal and interest on its obligations, and to comply fully
21 with the terms and provisions of any agreements made with the
22 purchasers or holders of any such obligations. To promote the
23 utilization of public transportation systems and to reduce the
24 administrative and operating costs and inconveniences of fare
25 collection, the authority may establish fare prepayment
26 programs. The fare prepayment programs may include, but shall
27 not be limited to, programs which provide for the sale of
28 tickets and for the sale of passes and permits on a weekly,
29 monthly and annual basis and may include prepayment discounts.
30 The authority shall determine by itself exclusively, the
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1 facilities to be operated by it and the services to be available
2 to the public. Any person questioning the reasonableness of any
3 rate or services fixed by an authority may bring suit against
4 the authority in the court of common pleas of the county
5 incorporating the authority. The court of common pleas shall
6 have exclusive jurisdiction to determine the reasonableness of
7 fares, rates and other charges or services fixed, altered,
8 charged or collected by an authority: Provided, That fare
9 prepayment programs established by the authority which include
10 prepayment discounts shall be considered reasonable for the
11 purposes of this subsection. The court shall make such order as
12 to fares, rates and other charges or services as to it shall be
13 just and proper.
14 * * *
15 Section 2. This act shall take effect in 60 days.
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