Bill Text: PA HB2134 | 2009-2010 | Regular Session | Introduced


Bill Title: Establishing the Bureau of Toll Administration within the Department of Transportation; providing for the assumption by the Department of Transportation of the functions of the Pennsylvania Turnpike Commission, for assumption by the Commonwealth of the financing functions of the commission, for transfer to the Department of Transportation and State Treasurer of land, buildings, personal property and employees of the commission, for the abolition of the commission and the offices of Turnpike Commissioner; and making an inconsistent repeal of various acts relating to the Pennsylvania Turnpike.

Spectrum: Strong Partisan Bill (Republican 21-2)

Status: (Introduced - Dead) 2010-01-05 - Referred to TRANSPORTATION [HB2134 Detail]

Download: Pennsylvania-2009-HB2134-Introduced.html

  

 

    

PRINTER'S NO.  3048

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2134

Session of

2010

  

  

INTRODUCED BY VEREB, HUTCHINSON, SHAPIRO, TURZAI, BEYER, CAUSER, CONKLIN, CREIGHTON, EVERETT, GABLER, KAUFFMAN, MOUL, REED, REICHLEY, SAYLOR, SCHRODER, SONNEY, STEVENSON, TALLMAN, DENLINGER AND CHRISTIANA, JANUARY 5, 2010

  

  

REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 5, 2010  

  

  

  

AN ACT

  

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," establishing the Bureau of

21

Toll Administration within the Department of Transportation;

22

providing for the assumption by the Department of

23

Transportation of the functions of the Pennsylvania Turnpike

24

Commission, for assumption by the Commonwealth of the

25

financing functions of the commission, for transfer to the

26

Department of Transportation and State Treasurer of land,

27

buildings, personal property and employees of the commission,

28

for the abolition of the commission and the offices of

29

Turnpike Commissioner; and making an inconsistent repeal of

30

various acts relating to the Pennsylvania Turnpike.

31

The General Assembly of the Commonwealth of Pennsylvania

 


1

hereby enacts as follows:

2

Section 1.  Section 2001.3(a) and (f) of the act of April 9,

3

1929 (P.L.177, No.175), known as The Administrative Code of

4

1929, amended June 22, 1982 (P.L.573, No.166), are amended and

5

the section is amended by adding a subsection to read:

6

Section 2001.3.  Deputy Secretaries.--(a)  The Secretary of

7

Transportation shall appoint, with the approval of the Governor,

8

[six] seven deputy secretaries who shall have the title of

9

Deputy Secretary for Administration, Deputy Secretary for

10

Highway Administration, Deputy Secretary for Safety

11

Administration, Deputy Secretary for Planning, Deputy Secretary

12

for Local and Area Transportation [and], Deputy Secretary for

13

Aviation and the Deputy Secretary for Toll Administration.

14

Deputy secretaries appointed under this section shall be

15

qualified by virtue of education and experience to hold the

16

positions for which they are chosen. In addition, if specific

17

qualifications are provided for any deputy secretary named under

18

this section, it shall be unlawful for the secretary to appoint

19

an individual who does not meet each of the specific criteria.

20

* * *

21

(f)  The Deputy Secretary for Local and Area Transportation,

22

with the approval of the Secretary of Transportation shall have

23

the powers and perform the functions and duties provided in

24

sections 2002 and 2003 regarding services to municipalities,

25

local and public transportation, planning, development and

26

funding of local and public transportation, technological

27

development of rail, water or other modes of transportation

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(except recreational boating and ferry licensing), environmental

29

design, improvement of transportation services and shall perform

30

the functions and duties heretofore imposed upon and performed

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1

by the Mass Transportation Division in the Bureau of Community

2

Development of the Department of Community [Affairs] and

3

Economic Development, by the Secretary of Community [Affairs]

4

and Economic Development under the act of January 22, 1968

5

(P.L.42, Act No.8), known as the "Pennsylvania Urban Mass

6

Transportation Law," by the Department of Commerce in regard to

7

High-Speed Rail Demonstration Programs and by the former

8

Department of Highways in regard to the distribution of liquid

9

fuels taxes to the municipalities and townships.

10

* * *

11

(h)  The Deputy Secretary for Toll Administration, with the

12

approval of the Secretary of Transportation, shall have the

13

powers and perform the functions and duties as provided by law

14

relating to the department's responsibilities under section

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2008.1 and under this article with regard to the operation of

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toll roads within this Commonwealth and shall be qualified by

17

education and experience to perform those duties. At a minimum,

18

the deputy secretary shall be required to have a bachelor's

19

degree in civil engineering and shall have at least ten years of

20

experience designing and building highways.

21

Section 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

24

Transportation shall have the power to acquire, for and on

25

behalf of the Commonwealth, by purchase or otherwise turnpike or

26

toll roads, or any parts thereof, or toll bridges, in such

27

manner and under and subject to such terms and conditions as may

28

now or hereafter be provided by law.]

29

Section 3.  The act is amended by adding a section to read:

30

Section 2008.1.  Toll Road and Bridge Administration.--(a)  

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1

The Department of Transportation shall assume all powers and

2

duties of the Pennsylvania Turnpike Commission that relate to

3

operation, maintenance, construction and reconstruction of the

4

Pennsylvania Turnpike and related highways and shall receive all

5

tolls and other money otherwise payable to the commission. The

6

functions assumed shall include all related functions under the

7

following acts:

8

Act of May 21, 1937 (P.L.774, No.211), referred to as the

9

Pennsylvania Turnpike Commission Act.

10

Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as

11

the "Pennsylvania Turnpike Philadelphia Extension Act."

12

Act of June 11, 1941 (P.L.101, No.53), known as the "Western

13

Pennsylvania Turnpike Extension Act."

14

Act of June 21, 1947 (P.L.877, No.367), entitled "An act to

15

authorize and empower the Pennsylvania Turnpike Commission to

16

combine the Turnpike, the Eastern Extension, and the Western

17

Extension, or any two thereof, for financing purposes under the

18

provisions of this act; authorizing the issuance of Turnpike

19

revenue bonds of the Commonwealth payable solely from tolls; to

20

pay the cost of the Eastern Extension and the Western Extension;

21

paying the cost of the Eastern Extension, or the cost of the

22

Western Extension, or the cost of both; and refunding any

23

Turnpike revenue bonds or Turnpike refunding bonds which have

24

heretofore been issued by the Commission under the provisions of

25

any act heretofore approved, or under the provisions of this

26

act, and which shall then be outstanding, including the payment

27

of any redemption premiums thereon; refunding any revenue bonds

28

or revenue refunding bonds heretofore issued under the

29

provisions of this act, including the payment of and redemption

30

premiums thereon; authorizing the Commission to fix tolls from

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1

time to time for use of the projects so combined; providing for

2

the use of a facsimile of the signature of the Governor, and of

3

the Chairman of the Commission in lieu of their manual

4

signatures, and a facsimile of the official seal of the

5

Commission upon any bonds issued under the provisions of this

6

act, or any other act; authorizing the issuance of bonds for the

7

payment of the construction of any turnpike, and giving certain

8

definitions."

9

Act of May 23, 1951 (P.L.335, No.74), known as the

10

"Pennsylvania Turnpike Delaware River Extension Act."

11

Act of August 14, 1951 (P.L.1232, No.282), referred to as the

12

Pennsylvania Turnpike System Financing Act.

13

Act of September 27, 1951 (P.L.1430, No.348), known as the

14

"Pennsylvania Turnpike Northeastern Extension Act."

15

Act of January 14, 1952 (1951 P.L.1947, No.547), known as the

16

"Pennsylvania Turnpike Gettysburg Extension Act."

17

Act of July 28, 1953 (P.L.706, No.229), known as the

18

"Pennsylvania Turnpike Northwestern Extension Act."

19

Act of June 10, 1955 (P.L.157, No.50), known as the

20

"Pennsylvania Turnpike Keystone Shortway Act."

21

Act of June 14, 1955 (P.L.174, No.52), known as the

22

"Pennsylvania Turnpike Southwestern Extension Act."

23

Act of May 15, 1956 (1955 P.L.1589, No.534), known as the

24

"Pennsylvania Turnpike Philadelphia Loop Extension Act."

25

Act of May 17, 1957 (P.L.160, No.73), entitled "An act

26

requiring all tunnels on the Pennsylvania Turnpike to be painted

27

white or lined with a light colored material and be equipped

28

with continuous lighting."

29

Act of September 8, 1959 (P.L.828, No.322), entitled "An act

30

authorizing the Pennsylvania Turnpike Commission to finance and

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1

construct certain additional projects on the Pennsylvania

2

Turnpike System."

3

Act of September 15, 1961 (P.L.1305, No.573), entitled "An

4

act requiring the erection and maintenance of medial barriers or

5

guards on the Pennsylvania Turnpike."

6

74 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to

7

turnpike commission standards of conduct).

8

75 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

11

established in the department to manage the functions assumed by

12

the department under this section.

13

(2)  The bureau shall have the power to acquire, for and on

14

behalf of the Commonwealth, by purchase or otherwise, turnpike

15

or toll roads, or any parts thereof, or toll bridges, in such

16

manner and under and subject to such terms and conditions as

17

provided by law. The powers vested in the bureau shall include:

18

(i)  The power to fix or set tolls on any roadway or bridge

19

under the jurisdiction of the department.

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(ii)  The power to take actions authorized under the acts

21

specified in subsection (a).

22

(c)  (1)  Collective bargaining-level positions created by

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the establishment of the bureau shall first be offered to

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bargaining-level personnel employed by the commission who

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possess the necessary expertise and experience to perform the

26

duties of such position.

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(2)  The department shall honor any collective bargaining

28

agreement in existence between the commission and any employe

29

organization.

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(3)  Any transfers made under this section shall not affect

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1

the civil service status of affected employes of the commission,

2

nor that of existing employes of the department.

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(4)  Employes and personal property of the commission

4

utilized in the bonding process are hereby transferred to the

5

State Treasurer.

6

(d)  All land, buildings and personal property, as well as

7

all appropriations, allocations, documents, files, records,

8

contracts, agreements, equipment, materials, orders, rights and

9

obligations of the commission are transferred to the department.

10

(e)  The bureau shall continue to use or recycle all forms,

11

stationery, business cards and other office supplies or

12

materials which contain references to the commission until the

13

existing supplies and materials are depleted.

14

(f)  The department shall have the power to acquire, for and

15

on behalf of the Commonwealth, by purchase or otherwise,

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turnpike or toll roads, or any parts thereof, or toll bridges,

17

in such manner and under and subject to such terms and

18

conditions as provided by law.

19

(g)  (1)  The department shall have the power and duty to

20

promulgate regulations to administer the respective functions

21

transferred to it under this section.

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(2)  The regulations of the commission for the administration

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of the functions transferred under this section shall remain in

24

effect until such time as new regulations are promulgated under

25

this section. However, the eligibility requirements for funding

26

within any program subject to review under this section shall

27

not be changed, amended or altered in any way.

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(3)  Any action to fix or to revise the tolls for the use of

29

the turnpike and the different parts or sections thereof or to

30

fix or set tolls on any roadway or bridge under the jurisdiction

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1

of the department shall be taken in accordance with the act of

2

June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review

3

Act."

4

(h)  The following words and phrases when used in this

5

section shall have the meanings given to them in this

6

subsection, unless the context clearly indicates otherwise:

7

"Administrative entities," "entity" or "entities" means a

8

general reference to one or more departments, divisions, boards,

9

agencies, commissions or organizations involved in the

10

performance of the executive or administrative work of the

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Commonwealth.

12

"Bureau" means the Bureau of Toll Administration established

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under this section.

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"Commission" means the Pennsylvania Turnpike Commission.

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"Department" means the Department of Transportation of the

16

Commonwealth.

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"Secretary" means the Secretary of Transportation of the

18

Commonwealth.

19

Section 4.  The Commonwealth shall assume the debt evidenced

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by outstanding bonds of the Pennsylvania Turnpike Commission and

21

shall draw upon the tolls received by the Department of

22

Transportation for repayment of this debt. The State Treasurer

23

shall assume all powers and duties of the Pennsylvania Turnpike

24

Commission which relate to issuance and payment of bonds for

25

construction, reconstruction and maintenance of the turnpike.

26

Section 5.  The Pennsylvania Turnpike Commission and the

27

office of Turnpike Commissioner are abolished.

28

Section 6.  On and after the effective date of this section,

29

a reference in any statute to the Pennsylvania Turnpike

30

Commission shall be deemed to be a reference to the Department

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1

of Transportation.

2

Section 7.  (a)  The following acts, or portions thereof, are

3

repealed to the extent that they are inconsistent with this act:

4

Act of May 21, 1937 (P.L.774, No.211), referred to as the

5

Pennsylvania Turnpike Commission Act.

6

Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as

7

the Pennsylvania Turnpike Philadelphia Extension Act.

8

Act of June 11, 1941 (P.L.101, No.53), known as the Western

9

Pennsylvania Turnpike Extension Act.

10

Act of June 21, 1947 (P.L.877, No.367), entitled "An act to

11

authorize and empower the Pennsylvania Turnpike Commission to

12

combine the Turnpike, the Eastern Extension, and the Western

13

Extension, or any two thereof, for financing purposes under the

14

provisions of this act; authorizing the issuance of Turnpike

15

revenue bonds of the Commonwealth payable solely from tolls; to

16

pay the cost of the Eastern Extension and the Western Extension;

17

paying the cost of the Eastern Extension, or the cost of the

18

Western Extension, or the cost of both; and refunding any

19

Turnpike revenue bonds or Turnpike refunding bonds which have

20

heretofore been issued by the Commission under the provisions of

21

any act heretofore approved, or under the provisions of this

22

act, and which shall then be outstanding, including the payment

23

of any redemption premiums thereon; refunding any revenue bonds

24

or revenue refunding bonds heretofore issued under the

25

provisions of this act, including the payment of and redemption

26

premiums thereon; authorizing the Commission to fix tolls from

27

time to time for use of the projects so combined; providing for

28

the use of a facsimile of the signature of the Governor, and of

29

the Chairman of the Commission in lieu of their manual

30

signatures, and a facsimile of the official seal of the

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1

Commission upon any bonds issued under the provisions of this

2

act, or any other act; authorizing the issuance of bonds for the

3

payment of the construction of any turnpike, and giving certain

4

definitions."

5

Act of May 23, 1951 (P.L.335, No.74), known as the

6

Pennsylvania Turnpike Delaware River Extension Act.

7

Act of August 14, 1951 (P.L.1232, No.282), referred to as the

8

Pennsylvania Turnpike System Financing Act.

9

Act of September 27, 1951 (P.L.1430, No.348), known as the

10

Pennsylvania Turnpike Northeastern Extension Act.

11

Act of January 14, 1952 (1951 P.L.1947, No.547), known as the

12

Pennsylvania Turnpike Gettysburg Extension Act.

13

Act of July 28, 1953 (P.L.706, No.229), known as the

14

Pennsylvania Turnpike Northwestern Extension Act.

15

Act of June 10, 1955 (P.L.157, No.50), known as the

16

Pennsylvania Turnpike Keystone Shortway Act.

17

Act of June 14, 1955 (P.L.174, No.52), known as the

18

Pennsylvania Turnpike Southwestern Extension Act.

19

Act of May 15, 1956 (1955 P.L.1589, No.534), known as the

20

Pennsylvania Turnpike Philadelphia Loop Extension Act.

21

Act of May 17, 1957 (P.L.160, No.73), entitled "An act

22

requiring all tunnels on the Pennsylvania Turnpike to be painted

23

white or lined with a light colored material and be equipped

24

with continuous lighting."

25

Act of September 8, 1959 (P.L.828, No.322), entitled "An act

26

authorizing the Pennsylvania Turnpike Commission to finance and

27

construct certain additional projects on the Pennsylvania

28

Turnpike System."

29

Act of September 15, 1961 (P.L.1305, No.573), entitled "An

30

act requiring the erection and maintenance of medial barriers or

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1

guards on the Pennsylvania Turnpike."

2

74 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to

3

turnpike commission standards of conduct).

4

75 Pa.C.S. Chs. 89 (relating to Pennsylvania Turnpike) and 95

5

(relating to taxes for highway maintenance and construction).

6

(b)  All other acts and parts of acts are repealed insofar as

7

they are inconsistent with this act.

8

Section 8.  This amendatory act shall be known as the

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Turnpike-Transportation Merger Act.

10

Section 9.  This act shall take effect in 90 days.

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