PRINTER'S NO. 1302
No. 1145 Session of 1997
INTRODUCED BY VAN HORNE, MASLAND, BELARDI, KREBS, TRAVAGLIO,
VEON, JOSEPHS, CARONE, CASORIO AND MELIO, APRIL 3, 1997
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 3, 1997
AN ACT
1 Amending the act of September 30, 1985 (P.L.240, No.61),
2 entitled "An act to facilitate vehicular traffic within and
3 across the Commonwealth by providing for the construction,
4 reconstruction, improvement, operation and maintenance of
5 toll roads and the conversion of existing toll-free roads to
6 toll roads in Pennsylvania; conferring powers and imposing
7 duties on the Pennsylvania Turnpike Commission; providing for
8 membership on the Pennsylvania Turnpike Commission;
9 authorizing issuance of turnpike revenue bonds, notes or
10 other obligations of the commission, payable solely from
11 revenues of the commission, including tolls, or from such
12 other funds as may be available to the commission for that
13 purpose, to pay the costs of such toll roads including the
14 acquisition and other costs of toll-free roads and for
15 refunding purposes; providing that no debt of the
16 Commonwealth shall be incurred in the exercise of any of the
17 powers granted by this act; providing for the collection of
18 tolls for the payment of such bonds, notes or other
19 obligations, and for the cost of maintenance, operation and
20 repair of the toll roads including toll-free roads converted
21 to toll roads; making such turnpike revenue bonds, notes or
22 other obligations exempt from taxation; constituting the same
23 legal investments in certain instances; requiring suits
24 against the commission to be brought in the courts in which
25 such actions may be brought against the Commonwealth;
26 prescribing conditions on which toll roads shall be turned
27 over to the Department of Transportation; providing for grade
28 separations, grade changes, relocations, restorations and
29 vacations of public roads and State highways affected by the
30 toll roads; providing for the purchasing or condemnation of
31 land and procedure for determining damages in condemnation;
32 granting certain powers and authority to municipalities and
33 agencies of the Commonwealth to cooperate with the
34 commission; conferring powers and imposing duties on the
1 Department of Transportation; authorizing the Secretary of
2 Transportation to enter into negotiations with the United
3 States Department of Transportation, the Federal Highway
4 Administration or any other Federal agency regarding the
5 conversion of toll-free highways constructed in the
6 Commonwealth using Federal funds to toll roads; and
7 authorizing the Secretary of Transportation to enter into
8 agreements on behalf of the Commonwealth and the commission
9 with the United States Department of Transportation, the
10 Federal Highway Administration or any other Federal agency
11 with respect to obtaining Federal funds for resurfacing,
12 restoring, rehabilitating or reconstructing toll roads in
13 Pennsylvania," providing for the commission to submit
14 estimated total expenditures to the Governor and the General
15 Assembly.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 7 of the act of September 30, 1985
19 (P.L.240, No.61), known as the Turnpike Organization, Extension
20 and Toll Road Conversion Act, is amended to read:
21 Section 7. Commission powers and duties enumerated; payment of
22 maintenance.
23 (a) Powers and duties of commission.--The commission is
24 authorized to:
25 (1) Maintain a principal office at such place as shall
26 be designated by the commission.
27 (2) Contract and be contracted within its own name.
28 (3) Sue and be sued in its own name, plead and be
29 impleaded. Any and all actions at law or in equity against
30 the commission shall be brought only in the courts in which
31 such actions may be brought against the Commonwealth.
32 (4) Have an official seal.
33 (5) Make necessary rules and regulations for its own
34 government.
35 (6) Acquire, hold, accept, own, use, hire, lease,
36 exchange, operate and dispose of personal property, real
37 property and interests in real property, and to make and
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1 enter into all contracts and agreements necessary or
2 incidental to the performance of its duties and the execution
3 of its powers under this act, and to employ engineering,
4 traffic, architectural and construction experts and
5 inspectors, attorneys, and other employees as may in its
6 judgment be necessary, and fix their compensation.
7 (7) Provide grade separations, at its own expense, with
8 respect to all public roads, State highways and interstate
9 highways intersected by the turnpikes and to change and
10 adjust the lines and grades thereof so as to accommodate the
11 same to the design for such grade separation. The damages
12 incurred in changing and adjusting the lines and grades of
13 public roads, State highways and interstate highways shall be
14 ascertained and paid by the commission in accordance with the
15 act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
16 Eminent Domain Code. If the commission shall find it
17 necessary to provide a grade separation or change the site of
18 any portion of any interstate highway, State highway or
19 public road, or vacate the same, it shall cause it to be
20 reconstructed and restored forthwith, at the commission's own
21 proper expense, on the most favorable location and in as
22 satisfactory a manner as the original road, or vacate it, as
23 the case may be. The method of acquiring the right-of-way and
24 determining damages incurred in changing the location of or
25 vacating such road, State highway or interstate highway shall
26 be ascertained and paid for in accordance with the act of
27 June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent
28 Domain Code.
29 (8) Petition the court of common pleas of the county
30 wherein is situate any public road or part thereof affected
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1 by the location therein of the turnpikes, for the vacation,
2 relocation or supply of the same, or any part thereof, with
3 the same force and effect as is now given by existing laws to
4 the inhabitants of any township or such county, and the
5 proceedings upon such petition, whether it be for the
6 appointment of viewers or otherwise, shall be the same as
7 provided by existing law for similar proceedings upon the
8 petitions.
9 (9) Before November 1 of each year, estimate its total
10 expenditures in the administration of this act for the fiscal
11 year beginning July of the following year. Such estimate
12 shall be submitted to the Governor in accordance with section
13 610 of the act of April 9, 1929 (P.L.177, No.175), known as
14 The Administrative Code of 1929. At the same time the
15 commission submits its estimate to the Governor, the
16 commission shall also submit that estimate to the General
17 Assembly. The commission or its designated representative
18 shall be afforded an opportunity to appear before the
19 Governor and Appropriations Committee of the Senate and the
20 Appropriations Committee of the House of Representatives
21 regarding its estimate.
22 [(9)] (10) Have all of the powers and perform all the
23 duties prescribed by the act of May 21, 1937 (P.L.774,
24 No.211), referred to as the Pennsylvania Turnpike Commission
25 Act.
26 (b) Maintenance to be paid out of tolls.--The turnpike
27 extensions and improvements and the conversion of toll-free
28 roads to toll roads when completed and open to traffic shall be
29 maintained and repaired by and under the control of the
30 commission. All charges and costs for the maintenance and
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1 repairs actually expended by the commission shall be paid out of
2 tolls. The turnpike, the turnpike extensions and improvements
3 and the toll-free roads converted to toll roads shall also be
4 policed and operated by a force of police, toll takers and other
5 operating employees as the commission may, in its discretion,
6 employ.
7 Section 2. This act shall take effect immediately.
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