PRINTER'S NO. 2928
No. 2156 Session of 2003
INTRODUCED BY CAUSER, ARGALL, BAKER, BISHOP, BOYD, CAPPELLI, COLEMAN, CRAHALLA, DeWEESE, GEORGE, GINGRICH, GOOD, GORDNER, HASAY, HERSHEY, KOTIK, LAUGHLIN, LEDERER, LEVDANSKY, MAJOR, O'NEILL, PHILLIPS, REICHLEY, SAYLOR, SOLOBAY, R. STEVENSON, TIGUE, TRAVAGLIO, TURZAI, YUDICHAK, MUNDY, E. Z. TAYLOR, ARMSTRONG, FABRIZIO AND DALLY, NOVEMBER 18, 2003
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 18, 2003
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 and equipment to municipalities; and 22 making editorial changes. 23 The General Assembly of the Commonwealth of Pennsylvania 24 hereby enacts as follows: 25 Section 1. Section 2407 of the act of April 9, 1929 26 (P.L.177, No.175), known as The Administrative Code of 1929,
1 amended June 3, 1943 (P.L.833, No.352), February 23, 1956 (1955 2 P.L.1080, No.350) and December 18, 1968 (P.L.1232, No.390), is 3 amended to read: 4 Section 2407. [Automobiles] Vehicles.--The Department of 5 [Property and Supplies] General Services shall, upon the 6 effective date of this act, take over, and thereafter assume 7 responsibility for, the maintenance and operation of all 8 [automobiles] vehicles owned by the Commonwealth, or any 9 administrative department, board, or commission thereof, except 10 the Department of [Highways] Transportation. 11 After the effective date of this act, all [automobiles] 12 vehicles required for use by the administrative departments, 13 boards, commissions, and officers of the State Government, shall 14 be purchased by the Department of [Property and Supplies] 15 General Services, but, in purchasing [automobiles] vehicles 16 required for the use of any department, board, or commission, 17 having authority to purchase [automobiles] vehicles out of money 18 appropriated to it, the Department of [Property and Supplies] 19 General Services shall act as purchasing agency. 20 The Department of [Property and Supplies] General Services 21 shall make or contract for the making of all repairs to 22 [automobiles] vehicles owned by the Commonwealth, except those 23 operated by the Department of [Highways] Transportation, unless 24 in any case it shall specifically authorize any department, 25 board, commission, or officer, to make or order the making of 26 repairs to any specified [automobiles] vehicles, and, except 27 emergency repairs necessarily made while any [automobile] 28 vehicle is away from its garage. 29 The Department of [Property and Supplies] General Services 30 may assign to any department, board, or commission, such 20030H2156B2928 - 2 -
1 [automobiles] vehicles as may be required by it for full-time 2 daily use, and such [automobiles] vehicles shall be operated by 3 employes of such departments, boards, or commissions. The 4 department shall maintain a sufficient number of [automobiles] 5 vehicles, not assigned to departments, boards, or commissions 6 which do not require the full-time daily use of [automobiles] 7 vehicles, and to meet extraordinary and occasional demands of 8 all departments, boards, and commissions, other than the 9 Department of [Highways] Transportation. Such [automobiles] 10 vehicles with or without chauffeurs, shall be furnished to 11 departments, boards, or commissions, upon requisition of the 12 heads of the respective departments, or of the executive 13 officers of the respective boards or commissions. This paragraph 14 shall not be construed to prohibit a State officer or employe 15 from being reimbursed for the use of his own [automobile] 16 vehicle on State business, but all such reimbursements shall be 17 made under and subject to the rules of the Executive Board 18 regulating the payment of expenses to State officers and 19 employes. 20 The cost of oil, gasoline, tires, repair parts for and 21 repairs to [automobiles] vehicles permanently assigned to 22 departments, boards, and commissions, shall be paid out of the 23 appropriations to such departments, boards, and commissions, but 24 the Department of [Property and Supplies] General Services shall 25 contract for all such oil, gasoline, tires, repair parts, and 26 repairs, except that repairs may be made by the Department of 27 [Highways] Transportation, and, if authorized as hereinbefore 28 provided, by other departments and by boards and commissions. 29 For the use of other [automobiles] vehicles, departments, boards 30 and commissions shall be billed by the Department of [Property 20030H2156B2928 - 3 -
1 and Supplies] General Services, upon a mileage basis, at such 2 amount per mile as the Department of [Property and Supplies] 3 General Services, with the approval of the Governor, shall 4 determine. Amounts payable for the use of such [automobiles] 5 vehicles shall be paid out of the appropriations to such 6 departments, boards, or commissions to the Department of 7 [Property and Supplies] General Services, and shall be, by it, 8 paid into the General Fund of the State Treasury, through the 9 Department of Revenue. 10 The Department of [Property and Supplies] General Services 11 shall require every administrative department, including the 12 Department of [Highways] Transportation, and every independent 13 administrative and departmental administrative board or 14 commission, to report to it monthly, upon forms supplied by it, 15 and with such detail as it shall require, the places to and from 16 which each [automobile] vehicle was operated, the mileage 17 traveled, the amount of oil and gasoline purchased, the names of 18 employes of the department, board, or commission operating each 19 [automobile] vehicle, the names of the employes of the 20 department, board, or commission for whom the [automobiles] 21 vehicles were operated, and such other information as may be 22 necessary to enable the Department of [Property and Supplies] 23 General Services to make and keep complete records of the use 24 and cost of operation of all State [automobiles] vehicles, 25 except that it shall not be necessary for the Department of the 26 Auditor General, the Treasury Department, or the Pennsylvania 27 State Police, to report the places to and from which, or the 28 names of the persons by or for whom [automobiles] vehicles were 29 operated. 30 The types and number of [automobiles] vehicles to be 20030H2156B2928 - 4 -
1 purchased by the Department of [Property and Supplies] General 2 Services hereunder shall be subject to approval by the Executive 3 Board, and the use of [automobiles] vehicles by State officers 4 and employes shall be subject to the rules and regulations of 5 the Executive Board. 6 Subject to the approval of the Board of Commissioners of 7 Public Grounds and Buildings, the Department of [Property and 8 Supplies] General Services may sell [automobiles] vehicles, 9 owned by the Commonwealth, when it deems it is in the public 10 interest to do so. The proceeds of such sales shall be paid into 11 the State Treasury, shall be credited to the appropriation to 12 the department for the purchase of [automobiles] vehicles, or to 13 any department, board or commission having authority to purchase 14 [automobiles] vehicles with money appropriated to it, and are 15 hereby appropriated to the respective department, board or 16 commission for the purchase of [automobiles] vehicles. 17 In the case of any vehicle operated by the Department of 18 Transportation or any road, bridge material or equipment 19 declared surplus or unserviceable by the Department of 20 Transportation, the Department of General Services shall direct 21 the Department of Transportation to hold the vehicle, material 22 or equipment at the place of origin for a period of at least 23 thirty days from the date on which the vehicle, material or 24 equipment is declared surplus or unserviceable by the 25 Commonwealth for the purpose of offering the vehicle, material 26 or equipment for sale to municipalities. The Department of 27 Transportation shall prepare, update and make available upon 28 request a list of all vehicles, materials and equipment 29 available for sale to municipalities under this section and 30 shall make each item on this list available for inspection at 20030H2156B2928 - 5 -
1 the place of origin during the applicable thirty-day holding 2 period. The purchase price for any vehicle sold to a 3 municipality under this section shall be equal to the average 4 price paid for similar vehicles at the most recent auction. The 5 purchase price for road or bridge material or equipment sold to 6 a municipality under this section shall be equal to the average 7 price paid for similar material or equipment through auction or 8 competitive bidding during the preceding calendar year. Any 9 vehicle, material or equipment that is not sold to a 10 municipality during the applicable thirty-day holding period 11 shall be disposed of at auction or sale, in accordance with law. 12 Section 2. This act shall take effect in 60 days. J16L71MSP/20030H2156B2928 - 6 -