PRINTER'S NO. 792
No. 676 Session of 2007
INTRODUCED BY ORIE, ERICKSON, EARLL AND BAKER, APRIL 2, 2007
REFERRED TO TRANSPORTATION, APRIL 2, 2007
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
32 hereby enacts as follows:
1 Section 1. Section 2008 of the act of April 9, 1929
2 (P.L.177, No.175), known as The Administrative Code of 1929,
3 amended May 6, 1970 (P.L.356, No.120), is repealed:
4 [Section 2008. Toll Roads and Bridges.--The Department of
5 Transportation shall have the power to acquire, for and on
6 behalf of the Commonwealth, by purchase or otherwise turnpike or
7 toll roads, or any parts thereof, or toll bridges, in such
8 manner and under and subject to such terms and conditions as may
9 now or hereafter be provided by law.]
10 Section 2. The act is amended by adding a section to read:
11 Section 2008.1. Toll Road and Bridge Administration.--(a)
12 The Department of Transportation shall assume all powers and
13 duties of the Pennsylvania Turnpike Commission that relate to
14 operation, maintenance, construction and reconstruction of the
15 Pennsylvania Turnpike and related highways and shall receive all
16 tolls and other money otherwise payable to the commission. The
17 functions assumed shall include all related functions under the
18 following acts:
19 Act of May 21, 1937 (P.L.774, No.211), referred to as the
20 Pennsylvania Turnpike Commission Act.
21 Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as
22 the "Pennsylvania Turnpike Philadelphia Extension Act."
23 Act of June 11, 1941 (P.L.101, No.53), known as the "Western
24 Pennsylvania Turnpike Extension Act."
25 Act of June 21, 1947 (P.L.877, No.367), entitled "An act to
26 authorize and empower the Pennsylvania Turnpike Commission to
27 combine the Turnpike, the Eastern Extension, and the Western
28 Extension, or any two thereof, for financing purposes under the
29 provisions of this act; authorizing the issuance of Turnpike
30 revenue bonds of the Commonwealth payable solely from tolls; to
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1 pay the cost of the Eastern Extension and the Western Extension;
2 paying the cost of the Eastern Extension, or the cost of the
3 Western Extension, or the cost of both; and refunding any
4 Turnpike revenue bonds or Turnpike refunding bonds which have
5 heretofore been issued by the Commission under the provisions of
6 any act heretofore approved, or under the provisions of this
7 act, and which shall then be outstanding, including the payment
8 of any redemption premiums thereon; refunding any revenue bonds
9 or revenue refunding bonds heretofore issued under the
10 provisions of this act, including the payment of and redemption
11 premiums thereon; authorizing the Commission to fix tolls from
12 time to time for use of the projects so combined; providing for
13 the use of a facsimile of the signature of the Governor, and of
14 the Chairman of the Commission in lieu of their manual
15 signatures, and a facsimile of the official seal of the
16 Commission upon any bonds issued under the provisions of this
17 act, or any other act; authorizing the issuance of bonds for the
18 payment of the construction of any turnpike, and giving certain
19 definitions."
20 Act of May 23, 1951 (P.L.335, No.74), known as the
21 "Pennsylvania Turnpike Delaware River Extension Act."
22 Act of August 14, 1951 (P.L.1232, No.282), referred to as the
23 Pennsylvania Turnpike System Financing Act.
24 Act of September 27, 1951 (P.L.1430, No.348), known as the
25 "Pennsylvania Turnpike Northeastern Extension Act."
26 Act of January 14, 1952 (1951 P.L.1947, No.547), known as the
27 "Pennsylvania Turnpike Gettysburg Extension Act."
28 Act of July 28, 1953 (P.L.706, No.229), known as the
29 "Pennsylvania Turnpike Northwestern Extension Act."
30 Act of June 10, 1955 (P.L.157, No.50), known as the
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1 "Pennsylvania Turnpike Keystone Shortway Act."
2 Act of June 14, 1955 (P.L.174, No.52), known as the
3 "Pennsylvania Turnpike Southwestern Extension Act."
4 Act of May 15, 1956 (1955 P.L.1589, No.534), known as the
5 "Pennsylvania Turnpike Philadelphia Loop Extension Act."
6 Act of May 17, 1957 (P.L.160, No.73), entitled "An act
7 requiring all tunnels on the Pennsylvania Turnpike to be painted
8 white or lined with a light colored material and be equipped
9 with continuous lighting."
10 Act of September 8, 1959 (P.L.828, No.322), entitled "An act
11 authorizing the Pennsylvania Turnpike Commission to finance and
12 construct certain additional projects on the Pennsylvania
13 Turnpike System."
14 Act of September 15, 1961 (P.L.1305, No.573), entitled "An
15 act requiring the erection and maintenance of medial barriers or
16 guards on the Pennsylvania Turnpike."
17 Act of September 30, 1985 (P.L.240, No.61), known as the
18 "Turnpike Organization, Extension and Toll Road Conversion Act."
19 (b) (1) The Bureau of Toll Administration is hereby
20 established in the department to manage the functions assumed by
21 the department under this section.
22 (2) The executive director of the commission may be
23 appointed the first deputy secretary of the bureau.
24 (3) The bureau shall have the power to acquire, for and on
25 behalf of the Commonwealth, by purchase or otherwise, turnpike
26 or toll roads, or any parts thereof, or toll bridges, in such
27 manner and under and subject to such terms and conditions as
28 provided by law. The powers vested in the bureau shall include:
29 (i) The power to fix or set tolls on any roadway or bridge
30 under the jurisdiction of the department.
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1 (ii) The power to enter into lease or other partnership
2 agreements with regard to the operation of existing or future
3 toll roads under the jurisdiction of the department.
4 (iii) The power to take actions authorized under the acts
5 specified in subsection (a).
6 (c) (1) Positions created by the establishment of the
7 bureau shall first be offered to personnel employed by the
8 commission who possess the necessary expertise and experience to
9 perform the duties of such position.
10 (2) The department shall honor any collective bargaining
11 agreement in existence between the commission and any employe
12 organization.
13 (3) Any transfers made under this section shall not affect
14 the civil service status of affected employes of the commission,
15 nor that of existing employes of the department.
16 (4) Employes and personal property of the commission
17 utilized in the bonding process are hereby transferred to the
18 State Treasurer.
19 (d) All land, buildings and personal property, as well as
20 all appropriations, allocations, documents, files, records,
21 contracts, agreements, equipment, materials, orders, rights and
22 obligations of the commission are transferred to the department.
23 (e) The bureau shall continue to use or recycle all forms,
24 stationery, business cards and other office supplies or
25 materials which contain references to the commission until the
26 existing supplies and materials are depleted.
27 (f) The department shall have the power to acquire, for and
28 on behalf of the Commonwealth, by purchase or otherwise,
29 turnpike or toll roads, or any parts thereof, or toll bridges,
30 or may contract out or privatize them, in such manner and under
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1 and subject to such terms and conditions as provided by law.
2 (g) (1) The department shall have the power and duty to
3 promulgate regulations to administer the respective functions
4 transferred to it under this section.
5 (2) The regulations of the commission for the administration
6 of the functions transferred under this section shall remain in
7 effect until such time as new regulations are promulgated under
8 this section. However, the eligibility requirements for funding
9 within any program subject to review under this section shall
10 not be changed, amended or altered in any way.
11 (3) Any action to fix or to revise the tolls for the use of
12 the turnpike and the different parts or sections thereof or to
13 fix or set tolls on any roadway or bridge under the jurisdiction
14 of the department shall be taken in accordance with the act of
15 June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
16 Act."
17 (h) The following words and phrases when used in this
18 section shall have the meanings given to them in this
19 subsection, unless the context clearly indicates otherwise:
20 "Administrative entities," "entity" or "entities" means a
21 general reference to one or more departments, divisions, boards,
22 agencies, commissions or organizations involved in the
23 performance of the executive or administrative work of the
24 Commonwealth.
25 "Bureau" means the Bureau of Toll Administration established
26 under this section.
27 "Commission" means the Pennsylvania Turnpike Commission.
28 "Department" means the Department of Transportation of the
29 Commonwealth.
30 "Secretary" means the Secretary of Transportation of the
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1 Commonwealth.
2 Section 3. Section 2001.3(a) and (f) of the act, amended
3 June 22, 1982 (P.L.573, No.166), are amended and the section is
4 amended by adding a subsection to read:
5 Section 2001.3. Deputy Secretaries.--(a) The Secretary of
6 Transportation shall appoint, with the approval of the Governor,
7 [six] seven deputy secretaries who shall have the title of
8 Deputy Secretary for Administration, Deputy Secretary for
9 Highway Administration, Deputy Secretary for Safety
10 Administration, Deputy Secretary for Planning, Deputy Secretary
11 for Local and Area Transportation [and], Deputy Secretary for
12 Aviation and the Deputy Secretary for Toll Administration.
13 * * *
14 (f) The Deputy Secretary for Local and Area Transportation,
15 with the approval of the Secretary of Transportation shall have
16 the powers and perform the functions and duties provided in
17 sections 2002 and 2003 regarding services to municipalities,
18 local and public transportation, planning, development and
19 funding of local and public transportation, technological
20 development of rail, water or other modes of transportation
21 (except recreational boating and ferry licensing), environmental
22 design, improvement of transportation services and shall perform
23 the functions and duties heretofore imposed upon and performed
24 by the Mass Transportation Division in the Bureau of Community
25 Development of the Department of Community [Affairs] and
26 Economic Development, by the Secretary of Community [Affairs]
27 and Economic Development under the act of January 22, 1968
28 (P.L.42, Act No.8), known as the "Pennsylvania Urban Mass
29 Transportation Law," by the Department of Commerce in regard to
30 High-Speed Rail Demonstration Programs and by the former
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1 Department of Highways in regard to the distribution of liquid
2 fuels taxes to the municipalities and townships.
3 * * *
4 (h) The Deputy Secretary for Toll Administration, with the
5 approval of the Secretary of Transportation, shall have the
6 powers and perform the functions and duties as provided by law
7 relating to the department's responsibilities under section
8 2008.1 and under this article with regard to the operation of
9 toll roads within this Commonwealth.
10 Section 4. The Commonwealth shall assume the debt evidenced
11 by outstanding bonds of the Pennsylvania Turnpike Commission and
12 may draw upon the tolls received by the Department of
13 Transportation for repayment of this debt. The State Treasurer
14 shall assume all powers and duties of the Pennsylvania Turnpike
15 Commission which relate to issuance and payment of bonds for
16 construction, reconstruction and maintenance of the turnpike.
17 Section 5. The Pennsylvania Turnpike Commission and the
18 office of Turnpike Commissioner are abolished.
19 Section 6. On and after the effective date of this section,
20 a reference in any statute to the Pennsylvania Turnpike
21 Commission shall be deemed to be a reference to the Department
22 of Transportation.
23 Section 7. (a) The following acts, or portions thereof, are
24 repealed to the extent that they are inconsistent with this act:
25 Act of May 21, 1937 (P.L.774, No.211), referred to as the
26 Pennsylvania Turnpike Commission Act.
27 Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as
28 the Pennsylvania Turnpike Philadelphia Extension Act.
29 Act of June 11, 1941 (P.L.101, No.53), known as the Western
30 Pennsylvania Turnpike Extension Act.
20070S0676B0792 - 8 -
1 Act of June 21, 1947 (P.L.877, No.367), entitled "An act to
2 authorize and empower the Pennsylvania Turnpike Commission to
3 combine the Turnpike, the Eastern Extension, and the Western
4 Extension, or any two thereof, for financing purposes under the
5 provisions of this act; authorizing the issuance of Turnpike
6 revenue bonds of the Commonwealth payable solely from tolls; to
7 pay the cost of the Eastern Extension and the Western Extension;
8 paying the cost of the Eastern Extension, or the cost of the
9 Western Extension, or the cost of both; and refunding any
10 Turnpike revenue bonds or Turnpike refunding bonds which have
11 heretofore been issued by the Commission under the provisions of
12 any act heretofore approved, or under the provisions of this
13 act, and which shall then be outstanding, including the payment
14 of any redemption premiums thereon; refunding any revenue bonds
15 or revenue refunding bonds heretofore issued under the
16 provisions of this act, including the payment of and redemption
17 premiums thereon; authorizing the Commission to fix tolls from
18 time to time for use of the projects so combined; providing for
19 the use of a facsimile of the signature of the Governor, and of
20 the Chairman of the Commission in lieu of their manual
21 signatures, and a facsimile of the official seal of the
22 Commission upon any bonds issued under the provisions of this
23 act, or any other act; authorizing the issuance of bonds for the
24 payment of the construction of any turnpike, and giving certain
25 definitions."
26 Act of May 23, 1951 (P.L.335, No.74), known as the
27 Pennsylvania Turnpike Delaware River Extension Act.
28 Act of August 14, 1951 (P.L.1232, No.282), referred to as the
29 Pennsylvania Turnpike System Financing Act.
30 Act of September 27, 1951 (P.L.1430, No.348), known as the
20070S0676B0792 - 9 -
1 Pennsylvania Turnpike Northeastern Extension Act.
2 Act of January 14, 1952 (1951 P.L.1947, No.547), known as the
3 Pennsylvania Turnpike Gettysburg Extension Act.
4 Act of July 28, 1953 (P.L.706, No.229), known as the
5 Pennsylvania Turnpike Northwestern Extension Act.
6 Act of June 10, 1955 (P.L.157, No.50), known as the
7 Pennsylvania Turnpike Keystone Shortway Act.
8 Act of June 14, 1955 (P.L.174, No.52), known as the
9 Pennsylvania Turnpike Southwestern Extension Act.
10 Act of May 15, 1956 (1955 P.L.1589, No.534), known as the
11 Pennsylvania Turnpike Philadelphia Loop Extension Act.
12 Act of May 17, 1957 (P.L.160, No.73), entitled "An act
13 requiring all tunnels on the Pennsylvania Turnpike to be painted
14 white or lined with a light colored material and be equipped
15 with continuous lighting."
16 Act of September 8, 1959 (P.L.828, No.322), entitled "An act
17 authorizing the Pennsylvania Turnpike Commission to finance and
18 construct certain additional projects on the Pennsylvania
19 Turnpike System."
20 Act of September 15, 1961 (P.L.1305, No.573), entitled "An
21 act requiring the erection and maintenance of medial barriers or
22 guards on the Pennsylvania Turnpike."
23 Act of September 30, 1985 (P.L.240, No.61), known as the
24 Turnpike Organization, Extension and Toll Road Conversion Act.
25 (b) All other acts and parts of acts are repealed insofar as
26 they are inconsistent with this act.
27 Section 8. This amendatory act shall be known as the
28 Turnpike-Transportation Merger Act.
29 Section 9. This act shall take effect in 90 days.
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