PRINTER'S NO. 577
No. 514 Session of 1997
INTRODUCED BY HABAY, HUTCHINSON AND YOUNGBLOOD, FEBRUARY 12, 1997
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 12, 1997
AN ACT 1 Amending the act of September 30, 1985 (P.L.240, No.61), 2 entitled "An act to facilitate vehicular traffic within and 3 across the Commonwealth by providing for the construction, 4 reconstruction, improvement, operation and maintenance of 5 toll roads and the conversion of existing toll-free roads to 6 toll roads in Pennsylvania; conferring powers and imposing 7 duties on the Pennsylvania Turnpike Commission; providing for 8 membership on the Pennsylvania Turnpike Commission; 9 authorizing issuance of turnpike revenue bonds, notes or 10 other obligations of the commission, payable solely from 11 revenues of the commission, including tolls, or from such 12 other funds as may be available to the commission for that 13 purpose, to pay the costs of such toll roads including the 14 acquisition and other costs of toll-free roads and for 15 refunding purposes; providing that no debt of the 16 Commonwealth shall be incurred in the exercise of any of the 17 powers granted by this act; providing for the collection of 18 tolls for the payment of such bonds, notes or other 19 obligations, and for the cost of maintenance, operation and 20 repair of the toll roads including toll-free roads converted 21 to toll roads; making such turnpike revenue bonds, notes or 22 other obligations exempt from taxation; constituting the same 23 legal investments in certain instances; requiring suits 24 against the commission to be brought in the courts in which 25 such actions may be brought against the Commonwealth; 26 prescribing conditions on which toll roads shall be turned 27 over to the Department of Transportation; providing for grade 28 separations, grade changes, relocations, restorations and 29 vacations of public roads and State highways affected by the 30 toll roads; providing for the purchasing or condemnation of 31 land and procedure for determining damages in condemnation; 32 granting certain powers and authority to municipalities and 33 agencies of the Commonwealth to cooperate with the
1 commission; conferring powers and imposing duties on the 2 Department of Transportation; authorizing the Secretary of 3 Transportation to enter into negotiations with the United 4 States Department of Transportation, the Federal Highway 5 Administration or any other Federal agency regarding the 6 conversion of toll-free highways constructed in the 7 Commonwealth using Federal funds to toll roads; and 8 authorizing the Secretary of Transportation to enter into 9 agreements on behalf of the Commonwealth and the commission 10 with the United States Department of Transportation, the 11 Federal Highway Administration or any other Federal agency 12 with respect to obtaining Federal funds for resurfacing, 13 restoring, rehabilitating or reconstructing toll roads in 14 Pennsylvania," further providing for tolls. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Section 16 of the act of September 30, 1985 18 (P.L.240, No.61), known as the Turnpike Organization, Extension 19 and Toll Road Conversion Act, is amended by adding a subsection 20 to read: 21 Section 16. Collection and disposition of tolls and other 22 revenue. 23 (a) Establishment and changes in toll amounts.--Subject to 24 the terms of any trust indenture entered into by the commission 25 and any resolution authorizing the issuance of any bonds, notes 26 or other obligations of the commission, the commission is hereby 27 authorized to fix, and to revise, from time to time, tolls for 28 the use of the Pennsylvania Turnpike System and the different 29 parts or sections thereof, including the turnpike, the turnpike 30 extensions and improvements and the toll road conversions 31 authorized by this act, and to charge and collect the same, and 32 to contract with any person, partnership, association or 33 corporation desiring the use of any part thereof, including the 34 right-of-way adjoining the paved portion, for placing thereon 35 telephone, telegraph, electric light or power lines, gas 36 stations, garages, stores, hotels, restaurants and advertising 19970H0514B0577 - 2 -
1 signs, or for any other purpose, except for tracks for railroad 2 or railway use, and to fix the terms, conditions, rents and 3 rates of charges for such use. Tolls shall be so fixed and 4 adjusted as to provide funds at least sufficient with other 5 revenues of the Pennsylvania Turnpike System, if any, to pay: 6 (1) the cost of constructing, maintaining, repairing and 7 operating the Pennsylvania Turnpike System and the different 8 parts and sections thereof; and 9 (2) any bonds, notes or other obligations and the 10 interest thereon of the commission, and all sinking fund 11 requirements of the commission, and other requirements 12 provided for by any resolution authorizing the issuance of 13 the bonds, notes or other obligations by the commission, or 14 by any trust indenture to which the commission is a party, as 15 the same shall become due. 16 (b) Restrictions on toll revenue.--Tolls shall not be 17 subject to supervision or regulation by any other State 18 commission, board, bureau or agency. Subject to the terms of any 19 presently existing trust indenture entered into by the 20 commission and any presently existing resolution authorizing the 21 issuance of any bonds, notes or other obligations of the 22 commission, the tolls and all other revenue derived from the 23 Pennsylvania Turnpike System shall be set aside and pledged as 24 may be provided in any resolutions, trust indentures or any 25 other agreements that the commission may hereafter adopt or 26 hereafter enter into with respect to the issuance of bonds, 27 notes or other obligations of the commission. 28 (c) Reduction of toll rates.--Notwithstanding any other 29 provision of this act, tolls for the use of the Pennsylvania 30 Turnpike System and the different parts or sections thereof, 19970H0514B0577 - 3 -
1 including the turnpike, the turnpike extensions and improvements 2 and the toll road conversions authorized by this act in effect 3 on the effective date of this amendatory act shall be reduced by 4 10% and shall not be increased without specific statutory 5 authorization. 6 Section 2. All acts and parts of acts are repealed insofar 7 as they are inconsistent with this act. 8 Section 3. This act shall take effect in 60 days. A22L36WMB/19970H0514B0577 - 4 -