See other bills
under the
same topic
        PRIOR PRINTER'S NO. 5                          PRINTER'S NO. 443

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
    19970S0011B0443                  - 5 -

     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 -