PRINTER'S NO. 4055
No. 2810 Session of 2000
INTRODUCED BY WOGAN, GEIST, ARGALL, BARRAR, CAPPABIANCA,
L. I. COHEN, CORRIGAN, DALEY, FICHTER, KENNEY, LEH, McGILL,
MELIO, METCALFE, MUNDY, READSHAW, ROSS, RUBLEY, SAINATO,
SAYLOR, SCHRODER, B. SMITH, STABACK, E. Z. TAYLOR, TIGUE,
TRUE, VITALI, WILT AND WOJNAROSKI, OCTOBER 5, 2000
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 5, 2000
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;
1 granting certain powers and authority to municipalities and
2 agencies of the Commonwealth to cooperate with the
3 commission; conferring powers and imposing duties on the
4 Department of Transportation; authorizing the Secretary of
5 Transportation to enter into negotiations with the United
6 States Department of Transportation, the Federal Highway
7 Administration or any other Federal agency regarding the
8 conversion of toll-free highways constructed in the
9 Commonwealth using Federal funds to toll roads; and
10 authorizing the Secretary of Transportation to enter into
11 agreements on behalf of the Commonwealth and the commission
12 with the United States Department of Transportation, the
13 Federal Highway Administration or any other Federal agency
14 with respect to obtaining Federal funds for resurfacing,
15 restoring, rehabilitating or reconstructing toll roads in
16 Pennsylvania," further providing for powers and duties of the
17 Pennsylvania Turnpike Commission.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 7 of the act of September 30, 1985
21 (P.L.240, No.61), known as the Turnpike Organization, Extension
22 and Toll Road Conversion Act, is amended by adding a subsection
23 to read:
24 Section 7. Commission powers and duties enumerated; payment of
25 maintenance.
26 * * *
27 (c) Waiver of toll collection.--
28 (1) The commission may waive toll collection on the
29 turnpikes to facilitate and control traffic flow upon
30 occurrence of any of the following:
31 (i) A natural disaster or other emergency.
32 (ii) A significant delay in travel on the turnpikes,
33 including at a toll collection point.
34 (2) This subsection shall not impair any trust indenture
35 entered into by the commission prior to the effective date of
36 this subsection. The commission may not on and after the
37 effective date of this subsection enter into a trust
38 indenture or like agreement that is contrary to the
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1 provisions of this subsection.
2 Section 2. This act shall take effect in 60 days.
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