Bill Text: PA HB76 | 2011-2012 | Regular Session | Introduced

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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: Partisan Bill (Republican 28-0)

Status: (Introduced - Dead) 2011-02-09 - Referred to TRANSPORTATION [HB76 Detail]

Download: Pennsylvania-2011-HB76-Introduced.html

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PRINTER'S NO. 537
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 76 Session of2011
INTRODUCED BY CHRISTIANA, HUTCHINSON, GABLER, AUMENT, BARRAR, BENNINGHOFF, BOYD, BROOKS, CAUSER, COX, CREIGHTON, CUTLER, EVERETT, GROVE, KAUFFMAN, OBERLANDER, RAPP, REED, REESE, ROAE, SCHRODER, SIMMONS, STEVENSON, TALLMAN, VEREB AND GILLEN, FEBRUARY 9, 2011
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 9, 2011
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2001.3(a) and (f) of the act of April 9,
1929 (P.L.177, No.175), known as The Administrative Code of
1929, amended June 22, 1982 (P.L.573, No.166), are amended and
the section is amended by adding a subsection to read:
Section 2001.3. Deputy Secretaries.--(a) The Secretary of
Transportation shall appoint, with the approval of the Governor,
[six] seven deputy secretaries who shall have the title of
Deputy Secretary for Administration, Deputy Secretary for
Highway Administration, Deputy Secretary for Safety
Administration, Deputy Secretary for Planning, Deputy Secretary
for Local and Area Transportation [and], Deputy Secretary for
Aviation and the Deputy Secretary for Toll Administration.
Deputy secretaries appointed under this section shall be
qualified by virtue of education and experience to hold the
positions for which they are chosen. In addition, if specific
qualifications are provided for any deputy secretary named under
this section, it shall be unlawful for the secretary to appoint
an individual who does not meet each of the specific criteria.
* * *
(f) The Deputy Secretary for Local and Area Transportation,
with the approval of the Secretary of Transportation shall have
the powers and perform the functions and duties provided in
sections 2002 and 2003 regarding services to municipalities,
local and public transportation, planning, development and
funding of local and public transportation, technological
development of rail, water or other modes of transportation
(except recreational boating and ferry licensing), environmental
design, improvement of transportation services and shall perform
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the functions and duties heretofore imposed upon and performed
by the Mass Transportation Division in the Bureau of Community
Development of the Department of Community Affairs, by the
Secretary of Community Affairs under the act of January 22, 1968
(P.L.42, Act No.8), known as the "Pennsylvania Urban Mass
Transportation Law," by the Department of Commerce in regard to
High-Speed Rail Demonstration Programs and by the former
Department of Highways in regard to the distribution of liquid
fuels taxes to the municipalities and townships.
* * *
(h) The Deputy Secretary for Toll Administration, with the
approval of the Secretary of Transportation, shall have the
powers and perform the functions and duties as provided by law
relating to the department's responsibilities under section
2008.1 and under this article with regard to the operation of
toll roads within this Commonwealth and shall be qualified by
education and experience to perform those duties. At a minimum,
the deputy secretary shall be required to have a bachelor's
degree in civil engineering and shall have at least ten years of
experience designing and building highways.
Section 2. Section 2008 of the act, amended May 6, 1970
(P.L.356, No.120), is repealed:
[Section 2008. Toll Roads and Bridges.--The Department of
Transportation shall have the power to acquire, for and on
behalf of the Commonwealth, by purchase or otherwise turnpike or
toll roads, or any parts thereof, or toll bridges, in such
manner and under and subject to such terms and conditions as may
now or hereafter be provided by law.]
Section 3. The act is amended by adding a section to read:
Section 2008.1. Toll Road and Bridge Administration.--(a)
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The Department of Transportation shall assume all powers and
duties of the Pennsylvania Turnpike Commission that relate to
operation, maintenance, construction and reconstruction of the
Pennsylvania Turnpike and related highways and shall receive all
tolls and other money otherwise payable to the commission. The
functions assumed shall include all related functions under the
following acts:
Act of May 21, 1937 (P.L.774, No.211), referred to as the
Pennsylvania Turnpike Commission Act.
Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as
the "Pennsylvania Turnpike Philadelphia Extension Act."
Act of June 11, 1941 (P.L.101, No.53), known as the "Western
Pennsylvania Turnpike Extension Act."
Act of June 21, 1947 (P.L.877, No.367), entitled "An act to
authorize and empower the Pennsylvania Turnpike Commission to
combine the Turnpike, the Eastern Extension, and the Western
Extension, or any two thereof, for financing purposes under the
provisions of this act; authorizing the issuance of Turnpike
revenue bonds of the Commonwealth payable solely from tolls; to
pay the cost of the Eastern Extension and the Western Extension;
paying the cost of the Eastern Extension, or the cost of the
Western Extension, or the cost of both; and refunding any
Turnpike revenue bonds or Turnpike refunding bonds which have
heretofore been issued by the Commission under the provisions of
any act heretofore approved, or under the provisions of this
act, and which shall then be outstanding, including the payment
of any redemption premiums thereon; refunding any revenue bonds
or revenue refunding bonds heretofore issued under the
provisions of this act, including the payment of and redemption
premiums thereon; authorizing the Commission to fix tolls from
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time to time for use of the projects so combined; providing for
the use of a facsimile of the signature of the Governor, and of
the Chairman of the Commission in lieu of their manual
signatures, and a facsimile of the official seal of the
Commission upon any bonds issued under the provisions of this
act, or any other act; authorizing the issuance of bonds for the
payment of the construction of any turnpike, and giving certain
definitions."
Act of May 23, 1951 (P.L.335, No.74), known as the
"Pennsylvania Turnpike Delaware River Extension Act."
Act of August 14, 1951 (P.L.1232, No.282), referred to as the
Pennsylvania Turnpike System Financing Act.
Act of September 27, 1951 (P.L.1430, No.348), known as the
"Pennsylvania Turnpike Northeastern Extension Act."
Act of January 14, 1952 (1951 P.L.1947, No.547), known as the
"Pennsylvania Turnpike Gettysburg Extension Act."
Act of July 28, 1953 (P.L.706, No.229), known as the
"Pennsylvania Turnpike Northwestern Extension Act."
Act of June 10, 1955 (P.L.157, No.50), known as the
"Pennsylvania Turnpike Keystone Shortway Act."
Act of June 14, 1955 (P.L.174, No.52), known as the
"Pennsylvania Turnpike Southwestern Extension Act."
Act of May 15, 1956 (1955 P.L.1589, No.534), known as the
"Pennsylvania Turnpike Philadelphia Loop Extension Act."
Act of May 17, 1957 (P.L.160, No.73), entitled "An act
requiring all tunnels on the Pennsylvania Turnpike to be painted
white or lined with a light colored material and be equipped
with continuous lighting."
Act of September 8, 1959 (P.L.828, No.322), entitled "An act
authorizing the Pennsylvania Turnpike Commission to finance and
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construct certain additional projects on the Pennsylvania
Turnpike System."
Act of September 15, 1961 (P.L.1305, No.573), entitled "An
act requiring the erection and maintenance of medial barriers or
guards on the Pennsylvania Turnpike."
74 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to
turnpike commission standards of conduct).
75 Pa.C.S. Chs. 89 (relating to Pennsylvania Turnpike) and 95
(relating to taxes for highway maintenance and construction).
(b) (1) The Bureau of Toll Administration is hereby
established in the department to manage the functions assumed by
the department under this section.
(2) The bureau shall have the power to acquire, for and on
behalf of the Commonwealth, by purchase or otherwise, turnpike
or toll roads, or any parts thereof, or toll bridges, in such
manner and under and subject to such terms and conditions as
provided by law. The powers vested in the bureau shall include:
(i) The power to fix or set tolls on any roadway or bridge
under the jurisdiction of the department.
(ii) The power to take actions authorized under the acts
specified in subsection (a).
(c) (1) Collective bargaining-level positions created by
the establishment of the bureau shall first be offered to
bargaining-level personnel employed by the commission who
possess the necessary expertise and experience to perform the
duties of such position.
(2) The department shall honor any collective bargaining
agreement in existence between the commission and any employe
organization.
(3) Any transfers made under this section shall not affect
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the civil service status of affected employes of the commission,
nor that of existing employes of the department.
(4) Employes and personal property of the commission
utilized in the bonding process are hereby transferred to the
State Treasurer.
(d) All land, buildings and personal property, as well as
all appropriations, allocations, documents, files, records,
contracts, agreements, equipment, materials, orders, rights and
obligations of the commission are transferred to the department.
(e) The bureau shall continue to use or recycle all forms,
stationery, business cards and other office supplies or
materials which contain references to the commission until the
existing supplies and materials are depleted.
(f) The department shall have the power to acquire, for and
on behalf of the Commonwealth, by purchase or otherwise,
turnpike or toll roads, or any parts thereof, or toll bridges,
in such manner and under and subject to such terms and
conditions as provided by law.
(g) (1) The department shall have the power and duty to
promulgate regulations to administer the respective functions
transferred to it under this section.
(2) The regulations of the commission for the administration
of the functions transferred under this section shall remain in
effect until such time as new regulations are promulgated under
this section. However, the eligibility requirements for funding
within any program subject to review under this section shall
not be changed, amended or altered in any way.
(3) Any action to fix or to revise the tolls for the use of
the turnpike and the different parts or sections thereof or to
fix or set tolls on any roadway or bridge under the jurisdiction
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of the department shall be taken in accordance with the act of
June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
Act."
(h) The following words and phrases when used in this
section shall have the meanings given to them in this
subsection, unless the context clearly indicates otherwise:
"Bureau" means the Bureau of Toll Administration established
under this section.
"Commission" means the Pennsylvania Turnpike Commission.
"Department" means the Department of Transportation of the
Commonwealth.
Section 4. The Commonwealth shall assume the debt evidenced
by outstanding bonds of the Pennsylvania Turnpike Commission and
shall draw upon the tolls received by the Department of
Transportation for repayment of this debt. The State Treasurer
shall assume all powers and duties of the Pennsylvania Turnpike
Commission which relate to issuance and payment of bonds for
construction, reconstruction and maintenance of the turnpike.
Section 5. The Pennsylvania Turnpike Commission and the
office of Turnpike Commissioner are abolished.
Section 6. On and after the effective date of this section,
a reference in any statute to the Pennsylvania Turnpike
Commission shall be deemed to be a reference to the Department
of Transportation.
Section 7. (a) The following acts, or portions thereof, are
repealed to the extent that they are inconsistent with this act:
Act of May 21, 1937 (P.L.774, No.211), referred to as the
Pennsylvania Turnpike Commission Act.
Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as
the Pennsylvania Turnpike Philadelphia Extension Act.
20110HB0076PN0537 - 8 -
Act of June 11, 1941 (P.L.101, No.53), known as the Western
Pennsylvania Turnpike Extension Act.
Act of June 21, 1947 (P.L.877, No.367), entitled "An act to
authorize and empower the Pennsylvania Turnpike Commission to
combine the Turnpike, the Eastern Extension, and the Western
Extension, or any two thereof, for financing purposes under the
provisions of this act; authorizing the issuance of Turnpike
revenue bonds of the Commonwealth payable solely from tolls; to
pay the cost of the Eastern Extension and the Western Extension;
paying the cost of the Eastern Extension, or the cost of the
Western Extension, or the cost of both; and refunding any
Turnpike revenue bonds or Turnpike refunding bonds which have
heretofore been issued by the Commission under the provisions of
any act heretofore approved, or under the provisions of this
act, and which shall then be outstanding, including the payment
of any redemption premiums thereon; refunding any revenue bonds
or revenue refunding bonds heretofore issued under the
provisions of this act, including the payment of and redemption
premiums thereon; authorizing the Commission to fix tolls from
time to time for use of the projects so combined; providing for
the use of a facsimile of the signature of the Governor, and of
the Chairman of the Commission in lieu of their manual
signatures, and a facsimile of the official seal of the
Commission upon any bonds issued under the provisions of this
act, or any other act; authorizing the issuance of bonds for the
payment of the construction of any turnpike, and giving certain
definitions."
Act of May 23, 1951 (P.L.335, No.74), known as the
Pennsylvania Turnpike Delaware River Extension Act.
Act of August 14, 1951 (P.L.1232, No.282), referred to as the
20110HB0076PN0537 - 9 -
Pennsylvania Turnpike System Financing Act.
Act of September 27, 1951 (P.L.1430, No.348), known as the
Pennsylvania Turnpike Northeastern Extension Act.
Act of January 14, 1952 (1951 P.L.1947, No.547), known as the
Pennsylvania Turnpike Gettysburg Extension Act.
Act of July 28, 1953 (P.L.706, No.229), known as the
Pennsylvania Turnpike Northwestern Extension Act.
Act of June 10, 1955 (P.L.157, No.50), known as the
Pennsylvania Turnpike Keystone Shortway Act.
Act of June 14, 1955 (P.L.174, No.52), known as the
Pennsylvania Turnpike Southwestern Extension Act.
Act of May 15, 1956 (1955 P.L.1589, No.534), known as the
Pennsylvania Turnpike Philadelphia Loop Extension Act.
Act of May 17, 1957 (P.L.160, No.73), entitled "An act
requiring all tunnels on the Pennsylvania Turnpike to be painted
white or lined with a light colored material and be equipped
with continuous lighting."
Act of September 8, 1959 (P.L.828, No.322), entitled "An act
authorizing the Pennsylvania Turnpike Commission to finance and
construct certain additional projects on the Pennsylvania
Turnpike System."
Act of September 15, 1961 (P.L.1305, No.573), entitled "An
act requiring the erection and maintenance of medial barriers or
guards on the Pennsylvania Turnpike."
74 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to
turnpike commission standards of conduct).
75 Pa.C.S. Chs. 89 (relating to Pennsylvania Turnpike) and 95
(relating to taxes for highway maintenance and construction).
(b) All other acts and parts of acts are repealed insofar as
they are inconsistent with this act.
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Section 8. This amendatory act shall be known as the
Turnpike-Transportation Merger Act.
Section 9. This act shall take effect in 90 days.
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