PRINTER'S NO. 1222
No. 1104 Session of 1993
INTRODUCED BY JAROLIN, OLIVER, McCALL, KUKOVICH, BROWN, MERRY,
STISH, DeWEESE, DeLUCA, TRELLO, GEORGE, COLAIZZO, GIGLIOTTI,
FEE, ROBERTS, ROONEY, JOSEPHS, REBER, HASAY, FICHTER,
SAURMAN, BUNT, LaGROTTA, SEMMEL, HERSHEY, JADLOWIEC, LYNCH,
SCHEETZ, KREBS, CIVERA, CARONE, CAWLEY, TIGUE, BUXTON,
KASUNIC, HANNA, D. R. WRIGHT, SURRA, TANGRETTI, PETRONE,
DONATUCCI, BELFANTI, CORRIGAN, HECKLER, DRUCE, TOMLINSON,
GRUITZA, GORDNER, STETLER, STURLA, SCHULER, DALEY, ROBINSON,
VEON, M. COHEN, ITKIN, BELARDI, COY, STEIGHNER, BLAUM, MUNDY,
PESCI, ARMSTRONG, HALUSKA, MELIO, PISTELLA, PRESTON, KING AND
LEDERER, APRIL 19, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 19, 1993
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," providing for sales of
21 State-owned vehicles to municipalities; and making an
22 editorial change.
23 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 2407 of the act of April 9, 1929
3 (P.L.177, No.175), known as The Administrative Code of 1929,
4 amended or added February 23, 1956 (1955 P.L.1080, No.350), June
5 3, 1943 (P.L.833, No.352) and December 18, 1968 (P.L.1232,
6 No.390), is amended to read:
7 Section 2407. Automobiles.--The Department of [Property and
8 Supplies] General Services shall, upon the effective date of
9 this act, take over, and thereafter assume responsibility for,
10 the maintenance and operation of all automobiles owned by the
11 Commonwealth, or any administrative department, board, or
12 commission thereof, except the Department of Highways.
13 After the effective date of this act, all automobiles
14 required for use by the administrative departments, boards,
15 commissions, and officers of the State Government, shall be
16 purchased by the Department of [Property and Supplies] General
17 Services, but, in purchasing automobiles required for the use of
18 any department, board, or commission, having authority to
19 purchase automobiles out of money appropriated to it, the
20 Department of [Property and Supplies] General Services shall act
21 as purchasing agency.
22 The Department of [Property and Supplies] General Services
23 shall make or contract for the making of all repairs to
24 automobiles owned by the Commonwealth, except those operated by
25 the Department of Highways, unless in any case it shall
26 specifically authorize any department, board, commission, or
27 officer, to make or order the making of repairs to any specified
28 automobiles, and, except emergency repairs necessarily made
29 while any automobile is away from its garage.
30 The Department of [Property and Supplies] General Services
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1 may assign to any department, board, or commission, such
2 automobiles as may be required by it for full-time daily use,
3 and such automobiles shall be operated by employes of such
4 departments, boards, or commissions. The department shall
5 maintain a sufficient number of automobiles, not assigned to
6 departments, boards, or commissions, to meet the requirements of
7 departments, boards, and commissions which do not require the
8 full-time daily use of automobiles, and to meet extraordinary
9 and occasional demands of all departments, boards, and
10 commissions, other than the Department of Highways. Such
11 automobiles with or without chauffeurs, shall be furnished to
12 departments, boards, or commissions, upon requisition of the
13 heads of the respective departments, or of the executive
14 officers of the respective boards or commissions. This paragraph
15 shall not be construed to prohibit a State officer or employe
16 from being reimbursed for the use of his own automobile on State
17 business, but all such reimbursements shall be made under and
18 subject to the rules of the Executive Board regulating the
19 payment of expenses to State officers and employes.
20 The cost of oil, gasoline, tires, repair parts for and
21 repairs to automobiles permanently assigned to departments,
22 boards, and commissions, shall be paid out of the appropriations
23 to such departments, boards, and commissions, but the Department
24 of [Property and Supplies] General Services shall contract for
25 all such oil, gasoline, tires, repair parts, and repairs, except
26 that repairs may be made by the Department of Highways, and, if
27 authorized as hereinbefore provided, by other departments and by
28 boards and commissions. For the use of other automobiles,
29 departments, boards, and commissions shall be billed by the
30 Department of [Property and Supplies] General Services, upon a
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1 mileage basis, at such amount per mile as the Department of
2 [Property and Supplies] General Services, with the approval of
3 the Governor, shall determine. Amounts payable for the use of
4 such automobiles shall be paid out of the appropriations to such
5 departments, boards, or commissions to the Department of
6 [Property and Supplies] General Services, and shall be, by it,
7 paid into the General Fund of the State Treasury, through the
8 Department of Revenue.
9 The Department of [Property and Supplies] General Services
10 shall require every administrative department, including the
11 Department of Highways, and every independent administrative and
12 departmental administrative board or commission, to report to it
13 monthly, upon forms supplied by it, and with such detail as it
14 shall require, the places to and from which each automobile was
15 operated, the mileage traveled, the amount of oil and gasoline
16 purchased, the names of employes of the department, board, or
17 commission operating each automobile, the names of the employes
18 of the department, board, or commission for whom the automobiles
19 were operated, and such other information as may be necessary to
20 enable the Department of [Property and Supplies] General
21 Services to make and keep complete records of the use and cost
22 of operation of all State automobiles, except that it shall not
23 be necessary for the Department of the Auditor General, the
24 Treasury Department, or the Pennsylvania State Police, to report
25 the places to and from which, or the names of the persons by or
26 for whom automobiles were operated.
27 The types and number of automobiles to be purchased by the
28 Department of [Property and Supplies] General Services hereunder
29 shall be subject to approval by the Executive Board, and the use
30 of automobiles by State officers and employes shall be subject
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1 to the rules and regulations of the Executive Board.
2 Subject to the approval of the Board of Commissioners of
3 Public Grounds and Buildings, the Department of [Property and
4 Supplies] General Services may sell automobiles, owned by the
5 Commonwealth, when it deems it is in the public interest to do
6 so. The proceeds of such sales shall be paid into the State
7 Treasury, shall be credited to the appropriation to the
8 department for the purchase of automobiles, or to any
9 department, board or commission having authority to purchase
10 automobiles with money appropriated to it, and are hereby
11 appropriated to the respective department, board or commission
12 for the purchase of automobiles. The Department of General
13 Services shall hold from sale a minimum of twenty vehicles that
14 will be set aside for municipal purchases. Numbers and types of
15 vehicles shall be determined by the Department of General
16 Services. Vehicles shall be best quality. The purchase price
17 shall be the average price paid for similar vehicles at the most
18 recent auction.
19 Section 2. This act shall take effect in 60 days.
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