PRIOR PRINTER'S NO. 1975 PRINTER'S NO. 2185
No. 1499 Session of 1990
INTRODUCED BY LOEPER, SALVATORE, ROCKS, FUMO, BRIGHTBILL,
SHAFFER, REIBMAN, BAKER AND O'PAKE, MARCH 12, 1990
SENATOR ROCKS, INTERGOVERNMENTAL AFFAIRS, AS AMENDED,
MAY 22, 1990
AN ACT
1 Providing for the establishment of a turnpike toll payment
2 system for exporters utilizing the Port of Philadelphia;
3 imposing upon the Pennsylvania Turnpike Commission and the
4 Philadelphia Regional Port Authority certain powers and
5 duties; providing penalties; and making an appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Philadelphia
10 Regional Port Authority Usage Incentive Program Act.
11 Section 2. Legislative findings and declaration of policy.
12 (a) Legislative findings.--It is hereby determined and
13 declared as a matter of legislative finding that:
14 (1) A commitment to the unification of the port
15 facilities and port-related facilities and projects along the
16 Delaware River will help ensure the long-term economic
17 prosperity of this Commonwealth.
18 (2) A vital component of the unification of Delaware
1 River ports is the increased utilization of Philadelphia's
2 port.
3 (3) A reduction in inland transportation costs, such as
4 eliminating turnpike tolls for port-destined cargo, can
5 increase the utilization of Philadelphia's port.
6 (b) Declaration of policy.--It is hereby declared that it is
7 the policy of the Commonwealth to increase the usage of
8 Philadelphia's port by eliminating the tolls on the Pennsylvania
9 Turnpike for shipments destined for export through the port. It
10 is also the policy of the Commonwealth that the Pennsylvania
11 Turnpike Commission shall be reimbursed for such tolls with
12 funds appropriated from the General Fund.
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Authority." The Philadelphia Regional Port Authority.
18 "Commission." The Pennsylvania Turnpike Commission of the
19 Commonwealth.
20 "Program." The Philadelphia Regional Port Authority Usage
21 Incentive Program.
22 "Turnpike." The Pennsylvania Turnpike.
23 Section 4. Philadelphia Regional Port Authority Usage Incentive
24 Program.
25 (a) Establishment.--There is hereby established the
26 Philadelphia Regional Port Authority Usage Incentive Program to
27 be administered by the authority.
28 (b) Purpose.--The purpose of the program shall be to
29 eliminate tolls on the turnpike for companies which utilize the
30 turnpike to transport goods and materials for export from ports
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1 governed by the authority. The commission shall be reimbursed
2 for such tolls with funds appropriated from the General Fund.
3 (c) Program operation.--
4 (1) No later than July 1, 1990, or the effective date of <--
5 this act, whichever is later, and ON THE EFFECTIVE DATE OF <--
6 THIS SECTION, AND EVERY JULY 1 annually thereafter, the
7 authority shall provide vouchers to companies in this
8 Commonwealth which export goods and materials. In addition,
9 the authority shall publish, in appropriate publications and
10 in the Pennsylvania Bulletin, notice of the availability of
11 such vouchers. Upon written request, the authority shall
12 provide vouchers to any other exporters which use the
13 turnpike to transport goods and materials to a port governed
14 by the authority. All vouchers issued shall be uniquely coded
15 in order for the authority to maintain records as to the
16 company to which the voucher was issued.
17 (2) To participate in the program, exporters shall
18 provide one voucher to the driver of each shipment destined
19 for export at a port governed by the authority and
20 transported using the turnpike.
21 (3) Upon exiting the turnpike at an interchange
22 appropriate for travel to a port governed by the authority,
23 the driver of the shipment shall utilize one copy of the
24 voucher as payment of the required toll. The commission shall
25 validate the voucher, retain one copy to be forwarded to the
26 authority for payment and return the remaining copies to the
27 driver.
28 (4) Following arrival at any port governed by the
29 authority and upon discharge of the cargo, the port shall
30 validate the voucher and shall return one copy to the driver
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1 for the exporter's record.
2 (5) Upon receipt of the validated voucher from the
3 commission, the authority shall transmit payment for the toll
4 to the commission.
5 Section 5. Powers and duties of authority.
6 The authority shall administer the Philadelphia Regional Port
7 Authority Usage Incentive Program. The authority shall have the
8 power and its duty shall be to promulgate any rules and
9 regulations needed to carry out its responsibilities under this
10 act.
11 Section 6. Powers and duties of commission.
12 The commission shall accept as payment for a toll a voucher
13 issued by the authority and, upon receipt of a voucher, shall
14 transmit it to the authority for payment.
15 Section 7. Enforcement and penalties.
16 (a) Reconciliation of vouchers.--The authority shall
17 reconcile vouchers received from the commission and port. If a
18 voucher is not reconcilable, the authority shall bill the
19 exporter to whom the voucher was issued for the turnpike toll.
20 The exporter shall remit payment unless the exporter can produce
21 a validated voucher evidencing proof that the shipment was
22 delivered to a port governed by the authority.
23 (b) Penalty.--Use of a voucher, except in accordance with
24 the provisions of this act, or failure to remit payment for an
25 unreconciled voucher as required in subsection (a), constitutes
26 a misdemeanor of the second degree, punishable by a fine not
27 exceeding $5,000 or imprisonment for up to two years, or both.
28 Section 8. Appropriation.
29 The sum of $300,000 is hereby appropriated to the
30 Philadelphia Regional Port Authority from the General Fund for
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1 fiscal year July 1, 1990, to June 30, 1991, for purposes of this
2 act. Of this amount, no more than $25,000 shall be used for
3 administration of this program by the authority.
4 Section 9. Effective date.
5 This act shall take effect as follows:
6 (1) Section 4 of this act shall take effect immediately. <--
7 (2) The remainder of this act shall take effect July 1,
8 1990, or immediately, whichever is later.
9 (1) SECTIONS 4, 6 AND 7 OF THIS ACT SHALL TAKE EFFECT IN <--
10 90 DAYS.
11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
12 IMMEDIATELY.
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