PRIOR PRINTER'S NO. 5 PRINTER'S NO. 443
No. 11 Session of 1997
INTRODUCED BY HOLL, JANUARY 15, 1997
SENATOR CORMAN, TRANSPORTATION, AS AMENDED, FEBRUARY 11, 1997
AN ACT 1 Amending Title 74 (Transportation) of the Pennsylvania 2 Consolidated Statutes, empowering the Governor to create an 3 Aviation Advisory Committee to provide guidance to the 4 Governor, the General Assembly, the Secretary of 5 Transportation and the State Transportation Commission on 6 aviation matters; providing for the committee's powers and 7 duties; and providing for an annual appropriation. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Title 74 of the Pennsylvania Consolidated 11 Statutes is amended by adding a chapter to read: 12 CHAPTER 63 13 AVIATION ADVISORY COMMITTEE 14 Sec. 15 6301. Short title. 16 6302. Findings and declaration of policy. 17 6303. Definitions. 18 6304. Aviation Advisory Committee. 19 6305. Annual appropriation. 20 § 6301. Short title.
1 This chapter shall be known and may be cited as the Aviation 2 Advisory Committee Act. 3 § 6302. Findings and declaration of policy. 4 (a) Findings.--It is hereby determined and declared as a 5 matter of legislative findings that: 6 (1) The welfare and vitality of this Commonwealth, the 7 satisfactory movement of people and goods within this 8 Commonwealth and the economic health of Commonwealth 9 industries must be preserved and enhanced. 10 (2) State assistance for the preservation, 11 rehabilitation and improvement of efficient and coordinated 12 aviation transportation services, systems and facilities is 13 essential. 14 (3) The aviation transportation issues within this 15 Commonwealth necessitate that a continuous aviation systems 16 planning process be implemented concerning this 17 Commonwealth's aviation transportation services, systems and 18 facilities and concerning their preservation and improvement. 19 (b) Policy declaration.--The purpose of this chapter is to 20 further the public interest and aeronautical progress by 21 providing for the protection, promotion and development of 22 aeronautics within this Commonwealth. 23 § 6303. Definitions. 24 The following words and phrases when used in this chapter 25 shall have the meanings given to them in this section unless the 26 context clearly indicates otherwise: 27 "Committee." The Aviation Advisory Committee created by this 28 chapter. 29 "Department." The Department of Transportation of the 30 Commonwealth. 19970S0011B0443 - 2 -
1 "Secretary." The Secretary of Transportation of the 2 Commonwealth. 3 "State Transportation Commission." The commission created in 4 section 2011 of the act of April 9, 1929 (P.L.177, No.175), 5 known as The Administrative Code of 1929, or any successor 6 organization. 7 § 6304. Aviation Advisory Committee. 8 (a) Creation.--There is hereby created an Aviation Advisory 9 Committee, which shall consist of 24 members. The members shall 10 be as follows: 11 (1) The Secretary of Transportation, ex officio. 12 (2) The Secretary of Community and Economic Development, 13 ex officio. 14 (3) The chairman and minority chairman of the Senate 15 Transportation Committee. 16 (4) The chairman and minority chairman of the 17 Transportation Committee of the House of Representatives. 18 (5) Eighteen members of the public representing the 19 areas of concern specified who shall have extensive 20 experience and knowledge of air transportation activities 21 throughout this Commonwealth to be appointed by the Governor 22 as follows: 23 (i) Four representatives from the board of directors 24 of the Aviation Council of Pennsylvania. 25 (ii) Two airline representatives, one representing a 26 major airline and one representing a regional airline. 27 (iii) One representative representing aviation 28 manufacturing/maintenance. 29 (iv) Four airport representatives, one each 30 representing general aviation, nonhub commercial service, 19970S0011B0443 - 3 -
1 small hub commercial service and large hub commercial 2 service airports. 3 (v) One representative representing general aviation 4 fixed base operators. 5 (vi) One representative representing air cargo. 6 (vii) Two representatives representing the 7 metropolitan planning organizations in this Commonwealth. 8 (viii) One representative representing the State 9 Chamber of Commerce. 10 (ix) One representative representing aviation 11 education in this Commonwealth. 12 (x) One pilot representative representing the pilot 13 community in this Commonwealth. 14 (b) Designees.--Each of the THE members of the committee <-- 15 DESCRIBED IN SUBSECTION (A)(1) THROUGH (4) may designate a <-- 16 representative to serve in his or her stead. A member who 17 designates a representative shall notify the chairman in writing 18 of the designation. THE OTHER MEMBERS OF THE COMMITTEE SHALL <-- 19 SERVE IN PERSON. 20 (c) Terms of appointees.--The term of all members of the 21 committee appointed by the Governor shall be for three years, 22 excluding the initial term. Any member of the committee may be 23 reappointed for no more than two full successive terms. Any 24 person appointed to fill a vacancy occurring prior to the 25 expiration of the term to which his predecessor was appointed 26 shall serve only for the unexpired term, AND SHALL BE ELIGIBLE <-- 27 FOR REAPPOINTMENT. Each member shall serve until the appointment 28 of a successor. 29 (d) Meetings and expenses.--The committee shall meet at 30 least four times every 12 months, but may hold such additional 19970S0011B0443 - 4 -
1 meetings as are called by the chairman or by petition of at
2 least six committee members. The chairman shall provide notice
3 at least 14 days in advance for regular meetings and provide a
4 minimum of three days' notice for special meetings. The public
5 members of the committee shall be allowed ACTUAL, NECESSARY AND <--
6 reasonable per diem expenses to be set by the committee UNDER <--
7 REGULATIONS OF THE EXECUTIVE BOARD. The department shall provide
8 appropriate staff support to enable the committee to properly
9 carry out its function. A majority of the appointed members
10 shall constitute a quorum for the conduct of business. The
11 secretary shall maintain a record of meeting attendance by
12 members and shall provide written notice to members who miss two
13 consecutive meetings. Three consecutive absences of committee
14 meetings by a member shall be grounds for removal if affirmed by
15 a majority vote of the committee. Minutes shall be prepared by
16 the secretary and filed with the committee and distributed to
17 all members. All records shall be a matter of public record.
18 (e) Powers and duties.--The committee shall have the power
19 and duty to:
20 (1) Advocate the promotion and preservation of aviation
21 and the air transportation system in this Commonwealth and
22 propose methods, strategies or technologies that can be used
23 to improve these systems.
24 (2) Provide guidance on the issues listed in paragraph
25 (1) to the Governor, the General Assembly, the secretary and
26 the State Transportation Commission.
27 (3) Promote funding for aviation systems and capital
28 infrastructure improvements.
29 (4) Endorse the department's capital project program
30 prioritization process and provide recommendations on the
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1 method for determining priorities among locations. 2 (5) Receive State financial assistance for aviation 3 facility development, including a multiyear capital 4 improvement program. 5 (6) Guide the department's continuous State aviation 6 systems planning process. 7 (7) Review and promote Federal and State aviation rules 8 and regulations as may be proper and necessary to promote and 9 develop beneficial aviation practices and operations. 10 (8) Promote aviation education opportunities and 11 encourage research and development for aviation safety and 12 security. 13 (9) Define intermodal opportunities for airports within 14 this Commonwealth. 15 (10) Provide a forum for exchange of information 16 concerning the users' view of needs and requirements of this 17 Commonwealth's aviation systems. 18 (11) Address other appropriate aviation issues that 19 arise from time to time. 20 (f) Reports.--The committee shall periodically submit 21 reports of its deliberations and conclusions to the Governor, 22 members of the General Assembly and the State Transportation 23 Commission. 24 (g) Chairperson.--The members of the committee shall 25 annually elect a chairperson, a vice chairperson, a secretary, 26 and a treasurer from among the public members appointed to the 27 committee. 28 § 6305. Annual appropriation. 29 The General Assembly shall annually appropriate the sum of 30 $200,000 from the General Fund to the department, to be 19970S0011B0443 - 6 -
1 deposited into a special account in the State Treasury to be 2 known as the Aviation Advisory Account. The moneys in this 3 account are hereby designated for the sole expenses of the 4 committee for the purpose of assisting the committee in carrying 5 out its duties under this chapter, including, but not limited 6 to, providing for a continuous State aviation system planning 7 process, and providing for reasonable department administrative 8 expenses in carrying out its duties if expenses are approved by 9 the committee. The funds in this account are a continuing 10 appropriation and shall not lapse. The committee shall also have 11 the power to direct the department on the committee's behalf, to 12 execute contracts and to dispense funds for the purposes set 13 forth in this chapter. 14 Section 2. This act shall take effect in 60 days. L6L74BIL/19970S0011B0443 - 7 -