| PRINTER'S NO. 1502 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 1197 | Session of 2013 |
INTRODUCED BY OBERLANDER, AUMENT, BARRAR, BLOOM, BROOKS, CAUSER, CHRISTIANA, CUTLER, DENLINGER, DUNBAR, GABLER, GILLEN, GREINER, GROVE, C. HARRIS, JAMES, KAUFFMAN, LAWRENCE, MILNE, MOUL, MUNDY, REESE, ROAE, SANKEY, SAYLOR, SIMMONS, SONNEY, STEVENSON, SWANGER, TOEPEL, TOOHIL, TRUITT, VEREB AND METCALFE, APRIL 16, 2013
REFERRED TO COMMITEE ON TRANSPORTATION, APRIL 16, 2013
AN ACT
1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," establishing the Bureau of
21Toll Administration within the Department of Transportation;
22providing for the assumption by the Department of
23Transportation of the functions of the Pennsylvania Turnpike
24Commission, for assumption by the Commonwealth of the
25financing functions of the commission, for transfer to the
26Department of Transportation and State Treasurer of land,
27buildings, personal property and employees of the commission,
28for the abolition of the commission and the offices of
29Turnpike Commissioner; and making an inconsistent repeal of
30various acts relating to the Pennsylvania Turnpike.
1The General Assembly of the Commonwealth of Pennsylvania
2hereby enacts as follows:
3Section 1. Section 2001.3(a) and (f) of the act of April 9,
41929 (P.L.177, No.175), known as The Administrative Code of
51929, amended June 22, 1982 (P.L.573, No.166), are amended and
6the section is amended by adding a subsection to read:
7Section 2001.3. Deputy Secretaries.--(a) The Secretary of
8Transportation shall appoint, with the approval of the Governor,
9[six] seven deputy secretaries who shall have the title of
10Deputy Secretary for Administration, Deputy Secretary for
11Highway Administration, Deputy Secretary for Safety
12Administration, Deputy Secretary for Planning, Deputy Secretary
13for Local and Area Transportation [and], Deputy Secretary for
14Aviation and the Deputy Secretary for Toll Administration.
15Deputy secretaries appointed under this section shall be
16qualified by virtue of education and experience to hold the
17positions for which they are chosen. In addition, if specific
18qualifications are provided for any deputy secretary named under
19this section, it shall be unlawful for the secretary to appoint
20an individual who does not meet each of the specific criteria.
21* * *
22(f) The Deputy Secretary for Local and Area Transportation,
23with the approval of the Secretary of Transportation shall have
24the powers and perform the functions and duties provided in
25sections 2002 and 2003 regarding services to municipalities,
26local and public transportation, planning, development and
27funding of local and public transportation, technological
28development of rail, water or other modes of transportation
29(except recreational boating and ferry licensing), environmental
30design, improvement of transportation services and shall perform
1the functions and duties heretofore imposed upon and performed
2by the Mass Transportation Division in the Bureau of Community
3Development of the former Department of Community Affairs, by
4the Secretary of Community Affairs under the act of January 22,
51968 (P.L.42, Act No.8), known as the "Pennsylvania Urban Mass
6Transportation Law," by the former Department of Commerce in
7regard to High-Speed Rail Demonstration Programs and by the
8former Department of Highways in regard to the distribution of
9liquid fuels taxes to the municipalities and townships.
10* * *
11(h) The Deputy Secretary for Toll Administration, with the
12approval of the Secretary of Transportation, shall have the
13powers and perform the functions and duties as provided by law
14relating to the department's responsibilities under section
152008.1 and under this article with regard to the operation of
16toll roads within this Commonwealth and shall be qualified by
17education and experience to perform those duties. At a minimum,
18the deputy secretary shall be required to have a bachelor's
19degree in civil engineering and shall have at least ten years of
20experience designing and building highways.
21Section 2. Section 2008 of the act, amended May 6, 1970
22(P.L.356, No.120), is repealed:
23[Section 2008. Toll Roads and Bridges.--The Department of
24Transportation shall have the power to acquire, for and on
25behalf of the Commonwealth, by purchase or otherwise turnpike or
26toll roads, or any parts thereof, or toll bridges, in such
27manner and under and subject to such terms and conditions as may
28now or hereafter be provided by law.]
29Section 3. The act is amended by adding a section to read:
30Section 2008.1. Toll Road and Bridge Administration.--(a)
1The Department of Transportation shall assume all powers and
2duties of the Pennsylvania Turnpike Commission that relate to
3operation, maintenance, construction and reconstruction of the
4Pennsylvania Turnpike and related highways and shall receive all
5tolls and other money otherwise payable to the commission. The
6functions assumed shall include all related functions under the
7following acts:
8Act of May 21, 1937 (P.L.774, No.211), referred to as the
9Pennsylvania Turnpike Commission Act.
10Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as
11the "Pennsylvania Turnpike Philadelphia Extension Act."
12Act of June 11, 1941 (P.L.101, No.53), known as the "Western
13Pennsylvania Turnpike Extension Act."
14Act of June 21, 1947 (P.L.877, No.367), entitled "An act to
15authorize and empower the Pennsylvania Turnpike Commission to
16combine the Turnpike, the Eastern Extension, and the Western
17Extension, or any two thereof, for financing purposes under the
18provisions of this act; authorizing the issuance of Turnpike
19revenue bonds of the Commonwealth payable solely from tolls; to
20pay the cost of the Eastern Extension and the Western Extension;
21paying the cost of the Eastern Extension, or the cost of the
22Western Extension, or the cost of both; and refunding any
23Turnpike revenue bonds or Turnpike refunding bonds which have
24heretofore been issued by the Commission under the provisions of
25any act heretofore approved, or under the provisions of this
26act, and which shall then be outstanding, including the payment
27of any redemption premiums thereon; refunding any revenue bonds
28or revenue refunding bonds heretofore issued under the
29provisions of this act, including the payment of and redemption
30premiums thereon; authorizing the Commission to fix tolls from
1time to time for use of the projects so combined; providing for
2the use of a facsimile of the signature of the Governor, and of
3the Chairman of the Commission in lieu of their manual
4signatures, and a facsimile of the official seal of the
5Commission upon any bonds issued under the provisions of this
6act, or any other act; authorizing the issuance of bonds for the
7payment of the construction of any turnpike, and giving certain
8definitions."
9Act of May 23, 1951 (P.L.335, No.74), known as the
10"Pennsylvania Turnpike Delaware River Extension Act."
11Act of August 14, 1951 (P.L.1232, No.282), referred to as the
12Pennsylvania Turnpike System Financing Act.
13Act of September 27, 1951 (P.L.1430, No.348), known as the
14"Pennsylvania Turnpike Northeastern Extension Act."
15Act of January 14, 1952 (1951 P.L.1947, No.547), known as the
16"Pennsylvania Turnpike Gettysburg Extension Act."
17Act of July 28, 1953 (P.L.706, No.229), known as the
18"Pennsylvania Turnpike Northwestern Extension Act."
19Act of June 10, 1955 (P.L.157, No.50), known as the
20"Pennsylvania Turnpike Keystone Shortway Act."
21Act of June 14, 1955 (P.L.174, No.52), known as the
22"Pennsylvania Turnpike Southwestern Extension Act."
23Act of May 15, 1956 (1955 P.L.1589, No.534), known as the
24"Pennsylvania Turnpike Philadelphia Loop Extension Act."
25Act of May 17, 1957 (P.L.160, No.73), entitled "An act
26requiring all tunnels on the Pennsylvania Turnpike to be painted
27white or lined with a light colored material and be equipped
28with continuous lighting."
29Act of September 8, 1959 (P.L.828, No.322), entitled "An act
30authorizing the Pennsylvania Turnpike Commission to finance and
1construct certain additional projects on the Pennsylvania
2Turnpike System."
3Act of September 15, 1961 (P.L.1305, No.573), entitled "An
4act requiring the erection and maintenance of medial barriers or
5guards on the Pennsylvania Turnpike."
674 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to
7turnpike commission standards of conduct).
875 Pa.C.S. Chs. 89 (relating to Pennsylvania Turnpike) and 95
9(relating to taxes for highway maintenance and construction).
10(b) (1) The Bureau of Toll Administration is hereby
11established in the department to manage the functions assumed by
12the department under this section.
13(2) The bureau shall have the power to acquire, for and on
14behalf of the Commonwealth, by purchase or otherwise, turnpike
15or toll roads, or any parts thereof, or toll bridges, in such
16manner and under and subject to such terms and conditions as
17provided by law. The powers vested in the bureau shall include:
18(i) The power to fix or set tolls on any roadway or bridge
19under the jurisdiction of the department.
20(ii) The power to take actions authorized under the acts
21specified in subsection (a).
22(c) (1) Collective bargaining-level positions created by
23the establishment of the bureau shall first be offered to
24bargaining-level personnel employed by the commission who
25possess the necessary expertise and experience to perform the
26duties of such position.
27(2) The department shall honor any collective bargaining
28agreement in existence between the commission and any employe
29organization.
30(3) Any transfers made under this section shall not affect
1the civil service status of affected employes of the commission,
2nor that of existing employes of the department.
3(4) Employes and personal property of the commission
4utilized in the bonding process are hereby transferred to the
5State Treasurer.
6(d) All land, buildings and personal property, as well as
7all appropriations, allocations, documents, files, records,
8contracts, agreements, equipment, materials, orders, rights and
9obligations of the commission are transferred to the department.
10(e) The bureau shall continue to use or recycle all forms,
11stationery, business cards and other office supplies or
12materials which contain references to the commission until the
13existing supplies and materials are depleted.
14(f) The department shall have the power to acquire, for and
15on behalf of the Commonwealth, by purchase or otherwise,
16turnpike or toll roads, or any parts thereof, or toll bridges,
17in such manner and under and subject to such terms and
18conditions as provided by law.
19(g) (1) The department shall have the power and duty to
20promulgate regulations to administer the respective functions
21transferred to it under this section.
22(2) The regulations of the commission for the administration
23of the functions transferred under this section shall remain in
24effect until such time as new regulations are promulgated under
25this section. However, the eligibility requirements for funding
26within any program subject to review under this section shall
27not be changed, amended or altered in any way.
28(3) Any action to fix or to revise the tolls for the use of
29the turnpike and the different parts or sections thereof or to
30fix or set tolls on any roadway or bridge under the jurisdiction
1of the department shall be taken in accordance with the act of
2June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
3Act."
4(h) The following words and phrases when used in this
5section shall have the meanings given to them in this
6subsection, unless the context clearly indicates otherwise:
7"Bureau" means the Bureau of Toll Administration established
8under this section.
9"Commission" means the Pennsylvania Turnpike Commission.
10"Department" means the Department of Transportation of the
11Commonwealth.
12Section 4. The Commonwealth shall assume the debt evidenced
13by outstanding bonds of the Pennsylvania Turnpike Commission and
14shall draw upon the tolls received by the Department of
15Transportation for repayment of this debt. The State Treasurer
16shall assume all powers and duties of the Pennsylvania Turnpike
17Commission which relate to issuance and payment of bonds for
18construction, reconstruction and maintenance of the turnpike.
19Section 5. The Pennsylvania Turnpike Commission and the
20office of Turnpike Commissioner are abolished.
21Section 6. On and after the effective date of this section,
22a reference in any statute to the Pennsylvania Turnpike
23Commission shall be deemed to be a reference to the Department
24of Transportation.
25Section 7. (a) The following acts, or portions thereof, are
26repealed to the extent that they are inconsistent with this act:
27Act of May 21, 1937 (P.L.774, No.211), referred to as the
28Pennsylvania Turnpike Commission Act.
29Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as
30the Pennsylvania Turnpike Philadelphia Extension Act.
1Act of June 11, 1941 (P.L.101, No.53), known as the Western
2Pennsylvania Turnpike Extension Act.
3Act of June 21, 1947 (P.L.877, No.367), entitled "An act to
4authorize and empower the Pennsylvania Turnpike Commission to
5combine the Turnpike, the Eastern Extension, and the Western
6Extension, or any two thereof, for financing purposes under the
7provisions of this act; authorizing the issuance of Turnpike
8revenue bonds of the Commonwealth payable solely from tolls; to
9pay the cost of the Eastern Extension and the Western Extension;
10paying the cost of the Eastern Extension, or the cost of the
11Western Extension, or the cost of both; and refunding any
12Turnpike revenue bonds or Turnpike refunding bonds which have
13heretofore been issued by the Commission under the provisions of
14any act heretofore approved, or under the provisions of this
15act, and which shall then be outstanding, including the payment
16of any redemption premiums thereon; refunding any revenue bonds
17or revenue refunding bonds heretofore issued under the
18provisions of this act, including the payment of and redemption
19premiums thereon; authorizing the Commission to fix tolls from
20time to time for use of the projects so combined; providing for
21the use of a facsimile of the signature of the Governor, and of
22the Chairman of the Commission in lieu of their manual
23signatures, and a facsimile of the official seal of the
24Commission upon any bonds issued under the provisions of this
25act, or any other act; authorizing the issuance of bonds for the
26payment of the construction of any turnpike, and giving certain
27definitions."
28Act of May 23, 1951 (P.L.335, No.74), known as the
29Pennsylvania Turnpike Delaware River Extension Act.
30Act of August 14, 1951 (P.L.1232, No.282), referred to as the
1Pennsylvania Turnpike System Financing Act.
2Act of September 27, 1951 (P.L.1430, No.348), known as the
3Pennsylvania Turnpike Northeastern Extension Act.
4Act of January 14, 1952 (1951 P.L.1947, No.547), known as the
5Pennsylvania Turnpike Gettysburg Extension Act.
6Act of July 28, 1953 (P.L.706, No.229), known as the
7Pennsylvania Turnpike Northwestern Extension Act.
8Act of June 10, 1955 (P.L.157, No.50), known as the
9Pennsylvania Turnpike Keystone Shortway Act.
10Act of June 14, 1955 (P.L.174, No.52), known as the
11Pennsylvania Turnpike Southwestern Extension Act.
12Act of May 15, 1956 (1955 P.L.1589, No.534), known as the
13Pennsylvania Turnpike Philadelphia Loop Extension Act.
14Act of May 17, 1957 (P.L.160, No.73), entitled "An act
15requiring all tunnels on the Pennsylvania Turnpike to be painted
16white or lined with a light colored material and be equipped
17with continuous lighting."
18Act of September 8, 1959 (P.L.828, No.322), entitled "An act
19authorizing the Pennsylvania Turnpike Commission to finance and
20construct certain additional projects on the Pennsylvania
21Turnpike System."
22Act of September 15, 1961 (P.L.1305, No.573), entitled "An
23act requiring the erection and maintenance of medial barriers or
24guards on the Pennsylvania Turnpike."
2574 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to
26turnpike commission standards of conduct).
2775 Pa.C.S. Chs. 89 (relating to Pennsylvania Turnpike) and 95
28(relating to taxes for highway maintenance and construction).
29(b) All other acts and parts of acts are repealed insofar as
30they are inconsistent with this act.
1Section 8. This amendatory act shall be known as the
2Turnpike-Transportation Merger Act.
3Section 9. This act shall take effect in 90 days.