PRINTER'S NO. 576
No. 549 Session of 1981
INTRODUCED BY FREIND, FEBRUARY 10, 1981
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 10, 1981
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," transferring powers and
21 duties from the Department of Transportation and the Turnpike
22 Commission to the State Transportation Commission, making
23 related editorial changes and making certain repeals and
24 editorial changes.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 201, act of April 9, 1929 (P.L.177,
28 No.175), known as "The Administrative Code of 1929," amended
1 June 20, 1978 (P.L.477, No.70) and repealed in part October 15,
2 1980 (No.164), is amended to read:
3 Section 201. Executive Officers, Administrative Departments
4 and Independent Administrative Boards and Commissions.--The
5 executive and administrative work of this Commonwealth shall be
6 performed by the Executive Department, consisting of the
7 Governor, Lieutenant Governor, Secretary of the Commonwealth,
8 Attorney General, Auditor General, State Treasurer, and
9 Secretary of Education; by the Executive Board, and the
10 Pennsylvania State Police; by the following administrative
11 departments: Department of State, [Department of Justice] Office
12 of Attorney General, Department of the Auditor General, Treasury
13 Department, Department of Education, Department of Military
14 Affairs, Insurance Department, Department of Banking, Department
15 of Agriculture, [Department of Transportation,] Department of
16 Health, Department of Labor and Industry, Department of Aging,
17 Department of Public Welfare, Department of General Services,
18 Department of Revenue, Department of Commerce, Department of
19 Community Affairs and Department of Environmental Resources; and
20 by the following independent administrative boards and
21 commissions: Pennsylvania Game Commission, Pennsylvania Fish
22 Commission, State Civil Service Commission, Pennsylvania Public
23 Utility Commission, the Pennsylvania Historical and Museum
24 Commission, State Transportation Commission and the Pennsylvania
25 Securities Commission.
26 All of the provisions of this act, which apply generally to
27 administrative departments, or generally except to the
28 Department of the Auditor General and the Treasury Department,
29 shall apply to the Executive Board and to the Pennsylvania State
30 Police.
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1 Section 2. As much of section 202 of the act as relates to
2 the Department of Highways and the Department of Transportation,
3 Department of Highways, added August 14, 1963 (P.L.918, No.438)
4 and reenacted and amended as to the Department of Transportation
5 July 9, 1976 (P.L.980, No.197), is amended to read:
6 Section 202. Departmental Administrative Boards,
7 Commissions, and Offices.--The following boards, commissions,
8 and offices are hereby placed and made departmental
9 administrative boards, commissions, or offices, as the case may
10 be, in the respective administrative departments mentioned in
11 the preceding section, as follows:
12 * * *
13 [In the Department of Highways,
14 State Highways Commission
15 In the Department of Transportation,
16 Hazardous Substances Transportation Board,]
17 * * *
18 All of the foregoing departmental administrative boards and
19 commissions shall be organized or reorganized as provided in
20 this act.
21 Section 3. Subsection (b) of section 205 of the act, amended
22 December 28, 1972 (P.L.1649, No.349), is amended to read:
23 Section 205. Pennsylvania State Police.--* * *
24 (b) The State Police Force shall consist of such number of
25 officers and men, and shall be organized in such manner, as the
26 Commissioner of Pennsylvania State Police, with the approval of
27 the Governor, shall from time to time determine: Provided,
28 however, That [during the fiscal year 1971-1972, the number of
29 officers and men shall not exceed in the aggregate at any time,
30 three thousand seven hundred ninety persons, and during the
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1 fiscal year 1972-1973 and thereafter,] the number of officers
2 and men shall not exceed in the aggregate at any time three
3 thousand nine hundred and forty persons. State policemen, both
4 officers and men, assigned to duty with the [Pennsylvania
5 Turnpike Commission,] Turnpike Division of State Transportation
6 Commission, shall not be counted in determining the total number
7 of officers and men in the State Police Force.
8 * * *
9 Section 4. Section 206 of the act, amended June 20, 1978
10 (P.L.477, No.70), and repealed in part October 15, 1980
11 (No.164), is amended to read:
12 Section 206. Department Heads.--Each administrative
13 department shall have as its head an officer who shall, either
14 personally, by deputy, or by the duly authorized agent or
15 employe of the department, and subject at all times to the
16 provisions of this act, exercise the powers and perform the
17 duties by law vested in and imposed upon the department.
18 The following officers shall be the heads of the
19 administrative departments following their respective titles:
20 Secretary of the Commonwealth, of the Department of State;
21 Attorney General, of the Office of Attorney General;
22 Auditor General, of the Department of the Auditor General;
23 State Treasurer, of the Treasury Department;
24 Secretary of Education, of the Department of Education;
25 Adjutant General, of the Department of Military Affairs;
26 Insurance Commissioner, of the Insurance Department;
27 Secretary of Banking, of the Department of Banking;
28 Secretary of Agriculture, of the Department of Agriculture;
29 [Secretary of Transportation, of the Department of
30 Transportation;]
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1 Secretary of Health, of the Department of Health;
2 Secretary of Labor and Industry, of the Department of Labor
3 and Industry;
4 Secretary of Aging; of the Department of Aging;
5 Secretary of Public Welfare, of the Department of Public
6 Welfare;
7 Secretary of Revenue, of the Department of Revenue;
8 Secretary of Commerce, of the Department of Commerce;
9 Secretary of Community Affairs, of the Department of
10 Community Affairs;
11 Secretary of Environmental Resources, of the Department of
12 Environmental Resources;
13 Secretary of General Services, of the Department of General
14 Services.
15 Section 5. Subsection (c) and clauses (1) and (2) of
16 subsection (d) of section 207.1 of the act, added November 8,
17 1976 (P.L.1109, No.227) and clause (1) of subsection (d) amended
18 June 20, 1978 (P.L.477, No.70) and repealed in part October 15,
19 1980 (No.164), are amended to read:
20 Section 207.1. Gubernatorial Appointments.--* * *
21 (c) The Governor shall nominate in accordance with the
22 provisions of the Constitution of the Commonwealth of
23 Pennsylvania and, by and with the advice and consent of two-
24 thirds of the members elected to the Senate, appoint persons to
25 fill the following positions:
26 (1) Vacancies in the offices of Auditor General and State
27 Treasurer and in any other elective office which he is
28 authorized by law to fill when said law requires confirmation.
29 (2) Those members which he is authorized to appoint to the
30 Milk Marketing Board, the Pennsylvania Fish Commission, the
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1 Pennsylvania Game Commission, the Pennsylvania Liquor Control
2 Board, the Pennsylvania Public Utility Commission and the
3 [Pennsylvania Turnpike Commission] State Transportation
4 Commission.
5 (d) The Governor shall nominate in accordance with the
6 provisions of the Constitution of the Commonwealth of
7 Pennsylvania and, by and with the advice and consent of a
8 majority of the members elected to the Senate appoint persons to
9 fill the following positions:
10 (1) The Secretary of Education, the Secretary of the
11 Commonwealth, the Adjutant General, the Insurance Commissioner,
12 the Secretary of Banking, the Secretary of Agriculture, [the
13 Secretary of Transportation,] the Secretary of Health, the
14 Commissioner of the State Police, the Secretary of Labor and
15 Industry, the Secretary of Aging, the Secretary of Public
16 Welfare, the Secretary of General Services, the Secretary of
17 Revenue, the Secretary of Commerce, the Secretary of Community
18 Affairs and the Secretary of Environmental Resources.
19 (2) Those members which he is authorized to appoint to the
20 Board of Pardons, the Board of Probation and Parole, the State
21 Civil Service Commission, the State Horse Racing Commission, the
22 State Harness Racing Commission, the Board of Arbitration of
23 Claims, the Pennsylvania Securities Commission, the Pennsylvania
24 Industrial Development Authority, the State Board of Education,
25 the Board of State College and University Directors, the Board
26 of Trustees of Pennsylvania State University, the Board of
27 Trustees of the University of Pittsburgh, the Board of Trustees
28 of Temple University, the Board of Trustees of Lincoln
29 University, the Environmental Hearing Board, the Pennsylvania
30 Crime Commission, the Pennsylvania Labor Relations Board, the
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1 Industrial Board, the Unemployment Compensation Board of Review,
2 the Workmen's Compensation Appeals Board, the State Art
3 Commission, the State Lottery Commission, the State
4 Transportation [Commission] Board and the Pennsylvania Human
5 Relations Commission.
6 * * *
7 Section 6. Subsection (a) of section 306 of the act, added
8 December 7, 1979 (P.L.478, No.100), is amended to read:
9 Section 306. Agricultural Lands Condemnation Approval
10 Board.--(a) The Agricultural Lands Condemnation Approval Board
11 is hereby created as an independent administrative board and
12 shall be made up of six (6) members, consisting of the Director
13 of the Office of Policy and Planning, or his designee, the
14 Secretary of Agriculture, or his designee, the Secretary of
15 Environmental Resources, or his designee, the [Secretary of
16 Transportation] Transportation Commissioner, or his designee,
17 and two active farmers appointed by the Governor, with the
18 advice and consent of a majority of the Senate, for a term of
19 four (4) years. The Secretary of Agriculture shall be chairman
20 of such committee and shall convene the committee from time to
21 time as needed to carry out its duties. The farm members of the
22 committee shall be reimbursed for actual expenses incurred in
23 the performance of their duties. Such expenses and any others
24 incurred by the committee shall be paid for from appropriations
25 made to the Office of State Planning and Development.
26 * * *
27 Section 7. The act is amended by adding a section to read:
28 Section 307. State Transportation Commission.--The State
29 Transportation Commission shall have all the powers, duties,
30 responsibilities and obligations formerly vested in the
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1 Department of Transportation and in the Pennsylvania Turnpike
2 Commission and shall function as an independent administrative
3 commission.
4 Section 8. Section 468 of the act, amended October 4, 1978
5 (P.L.972, No.192), is amended to read:
6 Section 468. State Transportation [Commission] Board.--(a)
7 There is hereby created a State Transportation [Commission]
8 Board which shall consist of fifteen members, one of whom shall
9 be the [Secretary of Transportation] Transportation
10 Commissioner, ex officio, who shall be the chairman of the
11 [commission] board. The chairman of the Committee on Highways of
12 the Senate and the chairman of the Committee on Transportation
13 of the House of Representatives, respectively, shall be ex
14 officio members of the [commission] board.
15 (b) The Governor shall nominate and by and with the advice
16 and consent of two-thirds of all the members of the Senate,
17 appoint ten of the remaining members of the [commission] board,
18 not more than five of whom shall be members of the same
19 political party, for terms of six years: Provided, That one of
20 the two members who is to be appointed by virtue of his
21 membership on the board of directors of a transportation
22 authority shall be appointed for an initial term of four years.
23 Not more nor less than one appointed member of the [commission]
24 board shall be a resident of the counties of Philadelphia and
25 Allegheny, respectively. At least one of the members of the
26 [commission] board shall hold at least a private pilot's license
27 and derive part of his or her livelihood from aviation related
28 activities or be otherwise actively involved in aviation.
29 Effective with the first two appointments after the adoption of
30 this act at least two of the appointees of the Governor shall be
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1 members of the board of directors of a transportation authority
2 at the time of their appointment: Provided, That said authority
3 appointees shall not be considered residents of either
4 Philadelphia or Allegheny County for the purpose of the
5 preceding sentence. The present members of the [commission]
6 board shall be entitled to complete their present terms and may
7 be reappointed at the completion thereof.
8 (c) The President Pro Tempore of the Senate and the Speaker
9 of the House of Representatives shall each appoint one member of
10 the minority party in their respective houses to serve until
11 February 1, 1971. Subsequent appointees shall serve for two year
12 periods ending on January 31, of the odd-numbered years or until
13 a successor is appointed whichever shall last occur. In the
14 event a member so appointed is no longer a member of the house
15 from which he was appointed, there shall be a vacancy in his
16 position on the [commission] board.
17 (d) The members of the [commission] board shall be reputable
18 citizens of the Commonwealth, of mature judgment and broad
19 business experience and shall not hold any other position as an
20 employe of the Commonwealth. Any person appointed to fill a
21 vacancy shall serve only for the unexpired term. Any member of
22 the [commission] board may be appointed to succeed himself. All
23 appointed members shall serve for their appointed terms and
24 until their successors have been appointed and qualify. All
25 vacancies shall be filled not later than sixty days after such
26 vacancy occurs.
27 (e) No member of the [commission] board, during his term of
28 office shall directly or indirectly own, have any significant
29 financial interest in, be associated with, or receive any fee,
30 commission, compensation or anything of value from any person,
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1 firm, partnership, business association or corporation which
2 supplies materials or services of any nature except services of
3 an informational or advisory nature rendered as a public service
4 and without profit to the [Department of Transportation] State
5 Transportation Commission.
6 (f) Each member of the [commission] board shall be deemed to
7 have been appointed to represent the interests of the
8 Commonwealth at large and shall not be deemed to be the
9 representative of any region or district whatsoever.
10 (g) The members of the [commission] board, other than
11 legislative members, shall be entitled to receive seventy-five
12 dollars ($75) per diem for each day actually spent in the
13 performance of his duties and all members shall be entitled to
14 reimbursement for reasonable expenses as determined by rule or
15 regulation of the [commission] board.
16 Section 9. The act is amended by adding a section to read:
17 Section 468.1. State Transportation Advisory Committee.--(a)
18 The State Transportation Advisory Committee shall consist of
19 thirty members, of which eight shall be ex officio members, to
20 wit: the State Transportation Commissioner, the Executive
21 Director of the State Planning Board, the Chairman of the Public
22 Utility Commission, the Secretary of Commerce, the Secretary of
23 Education, the Secretary of Environmental Resources, the
24 Secretary of Agriculture, the Secretary of Community Affairs,
25 two members of the House of Representatives to be appointed by
26 the Speaker and who shall not be members of the same political
27 party, two members of the Senate to be appointed by the
28 President Pro Tempore and who shall not be members of the same
29 political party and eighteen additional public members. Each ex
30 officio member may designate a representative from within his
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1 department, board, or commission to serve in his stead. An ex
2 officio member who designates a representative shall notify the
3 chairman, in writing, of such designation.
4 (b) The Governor, the President Pro Tempore of the Senate
5 and the Speaker of the House of Representatives each shall
6 appoint six public members to the State Transportation Advisory
7 Committee. The public members must have recent and extensive
8 experience and knowledge in the fields of transportation of
9 people and goods from industry, labor, academic, consulting,
10 research sources and the appointing authorities shall give due
11 consideration to insure a balanced representation by facilities
12 and modes for aid, land and water transportation as they exist
13 in the Commonwealth, both public and private. Such public
14 members shall be appointed for terms of three years. Any person
15 appointed to fill a vacancy shall serve for only the unexpired
16 term. Any member of the committee may be appointed to succeed
17 himself.
18 (c) The Governor shall annually designate the chairman from
19 among the public members.
20 Section 10. Section 471 of the act, amended November 1, 1979
21 (P.L.251, No.83), is amended to read:
22 Section 471. Environmental Quality Board.--The Environmental
23 Quality Board shall consist of the Secretary of Environmental
24 Resources, who shall be chairman thereof, the Secretary of
25 Health, the Secretary of Commerce, the [Secretary of
26 Transportation] Transportation Commissioner, the Secretary of
27 Agriculture, the Secretary of Labor and Industry, the Secretary
28 of Community Affairs, the Executive Director of the Fish
29 Commission, the Executive Director of the Game Commission, the
30 Chairman of the Public Utilities Commission, the Executive
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1 Director of the State Planning Board, the Executive Director of
2 the Pennsylvania Historical and Museum Commission, five members
3 of the Citizens Advisory Council, and four members of the
4 General Assembly. The Citizens Advisory Council members shall be
5 designated by, and serve at the pleasure of, the Citizens
6 Advisory Council. One of the General Assembly members shall be
7 designated by, and serve at the pleasure of, the President Pro
8 Tempore of the Senate, one by the Minority Leader of the Senate,
9 one by the Speaker of the House of Representatives and one by
10 the Minority Leader of the House of Representatives. In addition
11 to the heads of the various departments as elsewhere in this act
12 provided, the other members of the board may have named
13 alternates to serve in their stead, the alternates for the
14 members of the board from the Citizens Advisory Council to be
15 selected by that council from members of the council and each
16 other alternate to be selected by that particular member of the
17 board in whose stead he is to serve. No person will serve as
18 alternate for more than one board member.
19 Eight members of the board shall constitute a quorum.
20 Section 11. Section 526 of the act, amended May 16, 1970
21 (P.L.356, No.120), is amended to read:
22 Section 526. Aircraft for Official Use.--All aircraft
23 required for the proper conduct of the business of the several
24 administrative departments, boards and commissions, and the
25 officers and authorized agents of the General Assembly, or of
26 either branch thereof, shall be purchased and maintained by the
27 [Department of Transportation] State Transportation Commission.
28 The use of such aircraft shall be charged by the [department]
29 commission to the using agency. The amount of such charge shall
30 be paid into the Motor License Fund and be credited to the
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1 amounts appropriated therefrom for the use of the [Department of
2 Transportation] State Transportation Commission. All amounts so
3 credited are hereby appropriated to the [Department of
4 Transportation] State Transportation Commission for the same
5 purposes as other appropriations out of the Motor License Fund
6 for the use of the [department] commission.
7 Section 12. Subsection (c) of section 904-A.1 of the act,
8 added June 21, 1977 (P.L.19, No.15), is amended to read:
9 Section 904-A.1. Assessment Upon Public Utilities,
10 Disposition, Appropriation and Disbursement of such
11 Assessments.--* * *
12 (c) The Pennsylvania Public Utility Commission shall
13 thereafter complete the assessment procedure and collect the
14 assessments as follows: each public utility within a group shall
15 then be assessed for and shall pay to the Pennsylvania Public
16 Utility Commission such proportion of the amount allocated to
17 its group as the gross intrastate operating revenues of the
18 public utility for the preceding calendar year bear to the total
19 gross intrastate operating revenues of its group for that year,
20 but for the fiscal year 1977-1978 every public utility shall be
21 assessed for and shall pay to the commission such proportion of
22 the total assessment as the gross intrastate operating revenues
23 of the public utility for the preceding calendar year bear to
24 the total gross intrastate operating revenues of all public
25 utilities that are assessed. The Pennsylvania Public Utility
26 Commission shall give notice by registered or certified mail to
27 each public utility of the amount lawfully charged against it
28 under the provisions of this section, which amount shall be paid
29 by the public utility within thirty (30) days of receipt of such
30 notice, unless the commission specifies on the notices sent to
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1 all public utilities an installment plan of payment, in which
2 case each public utility shall pay each installment on or before
3 the date specified therefor by the commission. Within fifteen
4 (15) days after receipt of such notice, the public utility
5 against which such assessment has been made may file with the
6 commission objections setting out in detail the grounds upon
7 which the objector regards such assessment to be excessive,
8 erroneous, unlawful or invalid. The commission, after notice to
9 the objector, shall hold a hearing upon such objections. After
10 such hearing, the commission shall record upon its minutes its
11 findings on the objections and shall transmit to the objector,
12 by registered or certified mail, notice of the amount, if any,
13 charged against it in accordance with such findings, which
14 amount, or any installment thereof, then due shall be paid by
15 the objector within ten (10) days after receipt of notice of the
16 findings of the commission with respect to such objections. If
17 any payment prescribed by this subsection is not made as
18 aforesaid, the commission may suspend or revoke certificates of
19 public convenience, certify automobile registrations to the
20 [Secretary of Transportation] Transportation Commissioner for
21 suspension or revocation or, through the Department of Justice,
22 may institute an appropriate action at law for the amount
23 lawfully assessed, together with any additional cost incurred by
24 the commission or the Department of Justice by virtue of such
25 failure to pay.
26 * * *
27 Section 13. Article XX of the act is repealed.
28 Section 14. This act shall take effect on the same day the
29 act of (P.L. , No. ), known as the "State
30 Transportation Commission Act," becomes effective.
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