THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY VEREB, HUTCHINSON, SHAPIRO, TURZAI, BEYER, CAUSER, CONKLIN, CREIGHTON, EVERETT, GABLER, KAUFFMAN, MOUL, REED, REICHLEY, SAYLOR, SCHRODER, SONNEY, STEVENSON, TALLMAN, DENLINGER AND CHRISTIANA, JANUARY 5, 2010

REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 5, 2010  

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," establishing the Bureau of

Toll Administration within the Department of Transportation;

providing for the assumption by the Department of

Transportation of the functions of the Pennsylvania Turnpike

Commission, for assumption by the Commonwealth of the

financing functions of the commission, for transfer to the

Department of Transportation and State Treasurer of land,

buildings, personal property and employees of the commission,

for the abolition of the commission and the offices of

Turnpike Commissioner; and making an inconsistent repeal of

various acts relating to the Pennsylvania Turnpike.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2001.3(a) and (f) of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code of

1929, amended June 22, 1982 (P.L.573, No.166), are amended and

the section is amended by adding a subsection to read:

Section 2001.3.  Deputy Secretaries.--(a)  The Secretary of

Transportation shall appoint, with the approval of the Governor,

[six] seven deputy secretaries who shall have the title of

Deputy Secretary for Administration, Deputy Secretary for

Highway Administration, Deputy Secretary for Safety

Administration, Deputy Secretary for Planning, Deputy Secretary

for Local and Area Transportation [and], Deputy Secretary for

Aviation and the Deputy Secretary for Toll Administration.

Deputy secretaries appointed under this section shall be

qualified by virtue of education and experience to hold the

positions for which they are chosen. In addition, if specific

qualifications are provided for any deputy secretary named under

this section, it shall be unlawful for the secretary to appoint

an individual who does not meet each of the specific criteria.

* * *

(f)  The Deputy Secretary for Local and Area Transportation,

with the approval of the Secretary of Transportation shall have

the powers and perform the functions and duties provided in

sections 2002 and 2003 regarding services to municipalities,

local and public transportation, planning, development and

funding of local and public transportation, technological

development of rail, water or other modes of transportation

(except recreational boating and ferry licensing), environmental

design, improvement of transportation services and shall perform

the functions and duties heretofore imposed upon and performed

by the Mass Transportation Division in the Bureau of Community

Development of the Department of Community [Affairs] and

Economic Development, by the Secretary of Community [Affairs]

and Economic Development under the act of January 22, 1968

(P.L.42, Act No.8), known as the "Pennsylvania Urban Mass

Transportation Law," by the Department of Commerce in regard to

High-Speed Rail Demonstration Programs and by the former

Department of Highways in regard to the distribution of liquid

fuels taxes to the municipalities and townships.

* * *

(h)  The Deputy Secretary for Toll Administration, with the

approval of the Secretary of Transportation, shall have the

powers and perform the functions and duties as provided by law

relating to the department's responsibilities under section

2008.1 and under this article with regard to the operation of

toll roads within this Commonwealth and shall be qualified by

education and experience to perform those duties. At a minimum,

the deputy secretary shall be required to have a bachelor's

degree in civil engineering and shall have at least ten years of

experience designing and building highways.

Section 2.  Section 2008 of the act, amended May 6, 1970

(P.L.356, No.120), is repealed:

[Section 2008.  Toll Roads and Bridges.--The Department of

Transportation shall have the power to acquire, for and on

behalf of the Commonwealth, by purchase or otherwise turnpike or

toll roads, or any parts thereof, or toll bridges, in such

manner and under and subject to such terms and conditions as may

now or hereafter be provided by law.]

Section 3.  The act is amended by adding a section to read:

Section 2008.1.  Toll Road and Bridge Administration.--(a)  

The Department of Transportation shall assume all powers and

duties of the Pennsylvania Turnpike Commission that relate to

operation, maintenance, construction and reconstruction of the

Pennsylvania Turnpike and related highways and shall receive all

tolls and other money otherwise payable to the commission. The

functions assumed shall include all related functions under the

following acts:

Act of May 21, 1937 (P.L.774, No.211), referred to as the

Pennsylvania Turnpike Commission Act.

Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as

the "Pennsylvania Turnpike Philadelphia Extension Act."

Act of June 11, 1941 (P.L.101, No.53), known as the "Western

Pennsylvania Turnpike Extension Act."

Act of June 21, 1947 (P.L.877, No.367), entitled "An act to

authorize and empower the Pennsylvania Turnpike Commission to

combine the Turnpike, the Eastern Extension, and the Western

Extension, or any two thereof, for financing purposes under the

provisions of this act; authorizing the issuance of Turnpike

revenue bonds of the Commonwealth payable solely from tolls; to

pay the cost of the Eastern Extension and the Western Extension;

paying the cost of the Eastern Extension, or the cost of the

Western Extension, or the cost of both; and refunding any

Turnpike revenue bonds or Turnpike refunding bonds which have

heretofore been issued by the Commission under the provisions of

any act heretofore approved, or under the provisions of this

act, and which shall then be outstanding, including the payment

of any redemption premiums thereon; refunding any revenue bonds

or revenue refunding bonds heretofore issued under the

provisions of this act, including the payment of and redemption

premiums thereon; authorizing the Commission to fix tolls from

time to time for use of the projects so combined; providing for

the use of a facsimile of the signature of the Governor, and of

the Chairman of the Commission in lieu of their manual

signatures, and a facsimile of the official seal of the

Commission upon any bonds issued under the provisions of this

act, or any other act; authorizing the issuance of bonds for the

payment of the construction of any turnpike, and giving certain

definitions."

Act of May 23, 1951 (P.L.335, No.74), known as the

"Pennsylvania Turnpike Delaware River Extension Act."

Act of August 14, 1951 (P.L.1232, No.282), referred to as the

Pennsylvania Turnpike System Financing Act.

Act of September 27, 1951 (P.L.1430, No.348), known as the

"Pennsylvania Turnpike Northeastern Extension Act."

Act of January 14, 1952 (1951 P.L.1947, No.547), known as the

"Pennsylvania Turnpike Gettysburg Extension Act."

Act of July 28, 1953 (P.L.706, No.229), known as the

"Pennsylvania Turnpike Northwestern Extension Act."

Act of June 10, 1955 (P.L.157, No.50), known as the

"Pennsylvania Turnpike Keystone Shortway Act."

Act of June 14, 1955 (P.L.174, No.52), known as the

"Pennsylvania Turnpike Southwestern Extension Act."

Act of May 15, 1956 (1955 P.L.1589, No.534), known as the

"Pennsylvania Turnpike Philadelphia Loop Extension Act."

Act of May 17, 1957 (P.L.160, No.73), entitled "An act

requiring all tunnels on the Pennsylvania Turnpike to be painted

white or lined with a light colored material and be equipped

with continuous lighting."

Act of September 8, 1959 (P.L.828, No.322), entitled "An act

authorizing the Pennsylvania Turnpike Commission to finance and

construct certain additional projects on the Pennsylvania

Turnpike System."

Act of September 15, 1961 (P.L.1305, No.573), entitled "An

act requiring the erection and maintenance of medial barriers or

guards on the Pennsylvania Turnpike."

74 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to

turnpike commission standards of conduct).

75 Pa.C.S. Chs. 89 (relating to Pennsylvania Turnpike) and 95

(relating to taxes for highway maintenance and construction).

(b)  (1)  The Bureau of Toll Administration is hereby

established in the department to manage the functions assumed by

the department under this section.

(2)  The bureau shall have the power to acquire, for and on

behalf of the Commonwealth, by purchase or otherwise, turnpike

or toll roads, or any parts thereof, or toll bridges, in such

manner and under and subject to such terms and conditions as

provided by law. The powers vested in the bureau shall include:

(i)  The power to fix or set tolls on any roadway or bridge

under the jurisdiction of the department.

(ii)  The power to take actions authorized under the acts

specified in subsection (a).

(c)  (1)  Collective bargaining-level positions created by

the establishment of the bureau shall first be offered to

bargaining-level personnel employed by the commission who

possess the necessary expertise and experience to perform the

duties of such position.

(2)  The department shall honor any collective bargaining

agreement in existence between the commission and any employe

organization.

(3)  Any transfers made under this section shall not affect

the civil service status of affected employes of the commission,

nor that of existing employes of the department.

(4)  Employes and personal property of the commission

utilized in the bonding process are hereby transferred to the

State Treasurer.

(d)  All land, buildings and personal property, as well as

all appropriations, allocations, documents, files, records,

contracts, agreements, equipment, materials, orders, rights and

obligations of the commission are transferred to the department.

(e)  The bureau shall continue to use or recycle all forms,

stationery, business cards and other office supplies or

materials which contain references to the commission until the

existing supplies and materials are depleted.

(f)  The department shall have the power to acquire, for and

on behalf of the Commonwealth, by purchase or otherwise,

turnpike or toll roads, or any parts thereof, or toll bridges,

in such manner and under and subject to such terms and

conditions as provided by law.

(g)  (1)  The department shall have the power and duty to

promulgate regulations to administer the respective functions

transferred to it under this section.

(2)  The regulations of the commission for the administration

of the functions transferred under this section shall remain in

effect until such time as new regulations are promulgated under

this section. However, the eligibility requirements for funding

within any program subject to review under this section shall

not be changed, amended or altered in any way.

(3)  Any action to fix or to revise the tolls for the use of

the turnpike and the different parts or sections thereof or to

fix or set tolls on any roadway or bridge under the jurisdiction

of the department shall be taken in accordance with the act of

June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review

Act."

(h)  The following words and phrases when used in this

section shall have the meanings given to them in this

subsection, unless the context clearly indicates otherwise:

"Administrative entities," "entity" or "entities" means a

general reference to one or more departments, divisions, boards,

agencies, commissions or organizations involved in the

performance of the executive or administrative work of the

Commonwealth.

"Bureau" means the Bureau of Toll Administration established

under this section.

"Commission" means the Pennsylvania Turnpike Commission.

"Department" means the Department of Transportation of the

Commonwealth.

"Secretary" means the Secretary of Transportation of the

Commonwealth.

Section 4.  The Commonwealth shall assume the debt evidenced

by outstanding bonds of the Pennsylvania Turnpike Commission and

shall draw upon the tolls received by the Department of

Transportation for repayment of this debt. The State Treasurer

shall assume all powers and duties of the Pennsylvania Turnpike

Commission which relate to issuance and payment of bonds for

construction, reconstruction and maintenance of the turnpike.

Section 5.  The Pennsylvania Turnpike Commission and the

office of Turnpike Commissioner are abolished.

Section 6.  On and after the effective date of this section,

a reference in any statute to the Pennsylvania Turnpike

Commission shall be deemed to be a reference to the Department

of Transportation.

Section 7.  (a)  The following acts, or portions thereof, are

repealed to the extent that they are inconsistent with this act:

Act of May 21, 1937 (P.L.774, No.211), referred to as the

Pennsylvania Turnpike Commission Act.

Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as

the Pennsylvania Turnpike Philadelphia Extension Act.

Act of June 11, 1941 (P.L.101, No.53), known as the Western

Pennsylvania Turnpike Extension Act.

Act of June 21, 1947 (P.L.877, No.367), entitled "An act to

authorize and empower the Pennsylvania Turnpike Commission to

combine the Turnpike, the Eastern Extension, and the Western

Extension, or any two thereof, for financing purposes under the

provisions of this act; authorizing the issuance of Turnpike

revenue bonds of the Commonwealth payable solely from tolls; to

pay the cost of the Eastern Extension and the Western Extension;

paying the cost of the Eastern Extension, or the cost of the

Western Extension, or the cost of both; and refunding any

Turnpike revenue bonds or Turnpike refunding bonds which have

heretofore been issued by the Commission under the provisions of

any act heretofore approved, or under the provisions of this

act, and which shall then be outstanding, including the payment

of any redemption premiums thereon; refunding any revenue bonds

or revenue refunding bonds heretofore issued under the

provisions of this act, including the payment of and redemption

premiums thereon; authorizing the Commission to fix tolls from

time to time for use of the projects so combined; providing for

the use of a facsimile of the signature of the Governor, and of

the Chairman of the Commission in lieu of their manual

signatures, and a facsimile of the official seal of the

Commission upon any bonds issued under the provisions of this

act, or any other act; authorizing the issuance of bonds for the

payment of the construction of any turnpike, and giving certain

definitions."

Act of May 23, 1951 (P.L.335, No.74), known as the

Pennsylvania Turnpike Delaware River Extension Act.

Act of August 14, 1951 (P.L.1232, No.282), referred to as the

Pennsylvania Turnpike System Financing Act.

Act of September 27, 1951 (P.L.1430, No.348), known as the

Pennsylvania Turnpike Northeastern Extension Act.

Act of January 14, 1952 (1951 P.L.1947, No.547), known as the

Pennsylvania Turnpike Gettysburg Extension Act.

Act of July 28, 1953 (P.L.706, No.229), known as the

Pennsylvania Turnpike Northwestern Extension Act.

Act of June 10, 1955 (P.L.157, No.50), known as the

Pennsylvania Turnpike Keystone Shortway Act.

Act of June 14, 1955 (P.L.174, No.52), known as the

Pennsylvania Turnpike Southwestern Extension Act.

Act of May 15, 1956 (1955 P.L.1589, No.534), known as the

Pennsylvania Turnpike Philadelphia Loop Extension Act.

Act of May 17, 1957 (P.L.160, No.73), entitled "An act

requiring all tunnels on the Pennsylvania Turnpike to be painted

white or lined with a light colored material and be equipped

with continuous lighting."

Act of September 8, 1959 (P.L.828, No.322), entitled "An act

authorizing the Pennsylvania Turnpike Commission to finance and

construct certain additional projects on the Pennsylvania

Turnpike System."

Act of September 15, 1961 (P.L.1305, No.573), entitled "An

act requiring the erection and maintenance of medial barriers or

guards on the Pennsylvania Turnpike."

74 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to

turnpike commission standards of conduct).

75 Pa.C.S. Chs. 89 (relating to Pennsylvania Turnpike) and 95

(relating to taxes for highway maintenance and construction).

(b)  All other acts and parts of acts are repealed insofar as

they are inconsistent with this act.

Section 8.  This amendatory act shall be known as the

Turnpike-Transportation Merger Act.

Section 9.  This act shall take effect in 90 days.