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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROAE, CUTLER, DENLINGER, GABLER, HORNAMAN, KORTZ, MURT, RAPP, ROCK AND VULAKOVICH, FEBRUARY 2, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 2, 2009 |
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| AN ACT |
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1 | Amending the act of April 9, 1929 (P.L.177, No.175), entitled |
2 | "An act providing for and reorganizing the conduct of the |
3 | executive and administrative work of the Commonwealth by the |
4 | Executive Department thereof and the administrative |
5 | departments, boards, commissions, and officers thereof, |
6 | including the boards of trustees of State Normal Schools, or |
7 | Teachers Colleges; abolishing, creating, reorganizing or |
8 | authorizing the reorganization of certain administrative |
9 | departments, boards, and commissions; defining the powers and |
10 | duties of the Governor and other executive and administrative |
11 | officers, and of the several administrative departments, |
12 | boards, commissions, and officers; fixing the salaries of the |
13 | Governor, Lieutenant Governor, and certain other executive |
14 | and administrative officers; providing for the appointment of |
15 | certain administrative officers, and of all deputies and |
16 | other assistants and employes in certain departments, boards, |
17 | and commissions; and prescribing the manner in which the |
18 | number and compensation of the deputies and all other |
19 | assistants and employes of certain departments, boards and |
20 | commissions shall be determined," in powers and duties of the |
21 | Department of General Services, further providing for |
22 | automobiles. |
23 | The General Assembly of the Commonwealth of Pennsylvania |
24 | hereby enacts as follows: |
25 | Section 1. Section 2407 of the act of April 9, 1929 (P.L. |
26 | 177, No.175), known as The Administrative Code of 1929, amended |
27 | or added June 3, 1943 (P.L.833, No.352), February 23, 1956 (1955 |
28 | P.L.1080, No.350) and December 18, 1968 (P.L.1232, No.390), is |
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1 | amended to read: |
2 | Section 2407. Automobiles.--(a) The Department of [Property |
3 | and Supplies shall, upon the effective date of this act, take |
4 | over, and thereafter] General Services shall assume |
5 | responsibility for, the maintenance and operation of all |
6 | automobiles owned by the Commonwealth, or any administrative |
7 | department, board, or commission thereof, except the Department |
8 | of [Highways] Transportation. |
9 | [After the effective date of this act, all] (b) All |
10 | automobiles required for use by the administrative departments, |
11 | boards, commissions, and officers of the State Government, shall |
12 | be purchased by the Department of [Property and Supplies] |
13 | General Services, but, in purchasing automobiles required for |
14 | the use of any department, board, or commission, having |
15 | authority to purchase automobiles out of money appropriated to |
16 | it, the Department of [Property and Supplies] General Services |
17 | shall act as purchasing agency. |
18 | (c) No automobile may be purchased by the Department of |
19 | General Services, either on behalf of the Commonwealth or a |
20 | purchasing agency, unless the automobile has a manufacturer's |
21 | suggested retail price of twenty-thousand dollars ($20,000) or |
22 | less, subject to annual adjustment based on the percentage |
23 | change in the Consumer Price Index for the most recent preceding |
24 | 12-month period, and the automobile has been reported by the |
25 | manufacturer as having a test rating of at least thirty (30) |
26 | miles per gallon on the highway. |
27 | (d) The Department of [Property and Supplies] General |
28 | Services shall make or contract for the making of all repairs to |
29 | automobiles owned by the Commonwealth, except those operated by |
30 | the Department of [Highways] Transportation, unless in any case |
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1 | it shall specifically authorize any department, board, |
2 | commission, or officer, to make or order the making of repairs |
3 | to any specified automobiles, and, except emergency repairs |
4 | necessarily made while any automobile is away from its garage. |
5 | (e) (1) The Department of [Property and Supplies] General |
6 | Services may assign to any department, board, or commission, |
7 | such automobiles as may be required by it for full-time daily |
8 | use, and such automobiles shall be operated by employes of such |
9 | departments, boards, or commissions. |
10 | (2) The department shall maintain a sufficient number of |
11 | automobiles, not assigned to departments, boards, or |
12 | commissions, to meet the requirements of departments, boards, |
13 | and commissions which do not require the full-time daily use of |
14 | automobiles, and to meet extraordinary and occasional demands of |
15 | all departments, boards, and commissions, other than the |
16 | Department of [Highways] Transportation. |
17 | (3) Such automobiles with or without chauffeurs, shall be |
18 | furnished to departments, boards, or commissions, upon |
19 | requisition of the heads of the respective departments, or of |
20 | the executive officers of the respective boards or commissions. |
21 | (4) This [paragraph] subsection shall not be construed to |
22 | prohibit a State officer or employe from being reimbursed for |
23 | the use of his own automobile on State business, but all such |
24 | reimbursements shall be made under and subject to the rules of |
25 | the Executive Board regulating the payment of expenses to State |
26 | officers and employes. |
27 | (f) (1) The cost of oil, gasoline, tires, repair parts for |
28 | and repairs to automobiles permanently assigned to departments, |
29 | boards, and commissions, shall be paid out of the appropriations |
30 | to such departments, boards, and commissions, but the Department |
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1 | of [Property and Supplies] General Services shall contract for |
2 | all such oil, gasoline, tires, repair parts, and repairs, except |
3 | that repairs may be made by the Department of [Highways] |
4 | Transportation, and, if authorized as hereinbefore provided, by |
5 | other departments and by boards and commissions. |
6 | (2) For the use of other automobiles, departments, boards, |
7 | and commissions shall be billed by the Department of [Property |
8 | and Supplies] General Services, upon a mileage basis, at such |
9 | amount per mile as the Department of [Property and Supplies] |
10 | General Services, with the approval of the Governor, shall |
11 | determine. Amounts payable for the use of such automobiles shall |
12 | be paid out of the appropriations to such departments, boards, |
13 | or commissions to the Department of [Property and Supplies] |
14 | General Services, and shall be, by it, paid into the General |
15 | Fund of the State Treasury, through the Department of Revenue. |
16 | (g) The Department of [Property and Supplies] General |
17 | Services shall require every administrative department, |
18 | including the Department of [Highways] Transportation, and every |
19 | independent administrative and departmental administrative board |
20 | or commission, to report to it monthly, upon forms supplied by |
21 | it, and with such detail as it shall require, the places to and |
22 | from which each automobile was operated, the mileage traveled, |
23 | the amount of oil and gasoline purchased, the names of employes |
24 | of the department, board, or commission operating each |
25 | automobile, the names of the employes of the department, board, |
26 | or commission for whom the automobiles were operated, and such |
27 | other information as may be necessary to enable the Department |
28 | of [Property and Supplies] General Services to make and keep |
29 | complete records of the use and cost of operation of all State |
30 | automobiles, except that it shall not be necessary for the |
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1 | Department of the Auditor General, the Treasury Department, or |
2 | the Pennsylvania State Police, to report the places to and from |
3 | which, or the names of the persons by or for whom automobiles |
4 | were operated. |
5 | (h) The types and number of automobiles to be purchased by |
6 | the Department of [Property and Supplies hereunder] General |
7 | Services under this section shall be subject to approval by the |
8 | Executive Board, and the use of automobiles by State officers |
9 | and employes shall be subject to the rules and regulations of |
10 | the Executive Board. |
11 | (i) Subject to the approval of the Board of Commissioners of |
12 | Public Grounds and Buildings, the Department of [Property and |
13 | Supplies] General Services may sell automobiles, owned by the |
14 | Commonwealth, when it deems it is in the public interest to do |
15 | so. The proceeds of such sales shall be paid into the State |
16 | Treasury, shall be credited to the appropriation to the |
17 | department for the purchase of automobiles, or to any |
18 | department, board or commission having authority to purchase |
19 | automobiles with money appropriated to it, and are hereby |
20 | appropriated to the respective department, board or commission |
21 | for the purchase of automobiles. |
22 | Section 2. This act shall take effect in 60 days. |
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