PRIOR PRINTER'S NO. 1112
PRINTER'S NO. 1281
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
927
Session of
2015
INTRODUCED BY SCAVELLO, RAFFERTY, PILEGGI, EICHELBERGER, ARGALL,
HUTCHINSON AND VULAKOVICH, JUNE 24, 2015
SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, SEPTEMBER 29, 2015
AN ACT
Amending the act of June 12, 1931 (P.L.575, No.200), entitled
"An act providing for joint action by Pennsylvania and New
Jersey in the development of the ports on the lower Delaware
River, and the improvement of the facilities for
transportation across the river; authorizing the Governor,
for these purposes, to enter into an agreement with New
Jersey; creating The Delaware River Joint Commission and
specifying the powers and duties thereof, including the power
to finance projects by the issuance of revenue bonds;
transferring to the new commission all the powers of the
Delaware River Bridge Joint Commission; and making an
appropriation," further providing for the Delaware River
Joint Commission; providing for majority approval; and
prohibiting the entrance into a compact until passage of a
similar act.
AMENDING THE ACT OF JUNE 25, 1931 (P.L.1352, NO.332), ENTITLED
"AN ACT PROVIDING FOR JOINT ACTION BY THE COMMONWEALTH OF
PENNSYLVANIA AND THE STATE OF NEW JERSEY IN THE
ADMINISTRATION, OPERATION, AND MAINTENANCE OF BRIDGES OVER
THE DELAWARE RIVER, AND FOR THE CONSTRUCTION OF ADDITIONAL
BRIDGE FACILITIES ACROSS SAID RIVER; AUTHORIZING THE
GOVERNOR, FOR THESE PURPOSES, TO ENTER INTO AN AGREEMENT WITH
THE STATE OF NEW JERSEY; CREATING A DELAWARE RIVER JOINT TOLL
BRIDGE COMMISSION AND SPECIFYING THE POWERS AND DUTIES
THEREOF, INCLUDING THE POWER TO FINANCE THE CONSTRUCTION OF
ADDITIONAL BRIDGES BY THE ISSUANCE OF REVENUE BONDS TO BE
REDEEMED FROM REVENUES DERIVED FROM TOLLS COLLECTED AT SUCH
BRIDGES; TRANSFERRING TO SAID COMMISSION ALL POWERS NOW
EXERCISED BY EXISTING COMMISSION CREATED TO ACQUIRE TOLL
BRIDGES OVER THE DELAWARE RIVER; AND MAKING AN
APPROPRIATION," FURTHER PROVIDING FOR THE DELAWARE RIVER
JOINT TOLL BRIDGE COMPACT; PROVIDING FOR MAJORITY APPROVAL;
AND PROHIBITING THE ENTRANCE INTO A COMPACT UNTIL PASSAGE OF
A SIMILAR ACT.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The Governor is authorized to enter into a
supplemental compact or agreement, on behalf of the
Commonwealth, with the State of New Jersey, further amending and
supplementing the compact or agreement between the Commonwealth
and the State of New Jersey entitled "Agreement between the
Commonwealth of Pennsylvania and the State of New Jersey
creating The Delaware River Joint Commission as a body corporate
and politic and defining its powers and duties," which was
executed on behalf of the Commonwealth of Pennsylvania by its
Governor on July first, one thousand nine hundred and thirty-
one, and on behalf of the State of New Jersey by the New Jersey
Interstate Bridge Commission by its members on July first, one
thousand nine hundred and thirty-one, and which was consented to
by the Congress of the United States by Public Resolution Number
twenty-six, being chapter two hundred fifty-eight of the Public
Laws, Seventy-second Congress, approved June fourteenth, one
thousand nine hundred and thirty-two, which supplemental compact
and agreement shall be in substantially the following form:
Supplemental agreement between the Commonwealth of
Pennsylvania and the State of New Jersey further amending and
supplementing the agreement entitled "Agreement between the
Commonwealth of Pennsylvania and the State of New Jersey
creating The Delaware River Joint Commission as a body corporate
and politic and defining its powers and duties," further
providing for The Delaware River Joint Commission, for
composition, for employees, for financing and for executive
sessions; providing for majority approval and contract
procedures; further providing for report; providing for
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conflicts of interest, for master plan and creating the Port
Authority Transit Corporation Commuter's Council; further
providing for definitions; authorizing the Governor to apply for
approval; prohibiting the entrance into a compact until passage
of a similar act; and making editorial changes.
The Commonwealth of Pennsylvania and the State of New Jersey
do solemnly covenant and agree, each with the other, that the
compact or agreement entitled "Agreement between the
Commonwealth of Pennsylvania and the State of New Jersey
creating The Delaware River Joint Commission as a body corporate
and politic and defining its powers and duties," which was
executed on behalf of the Commonwealth of Pennsylvania by its
Governor on July first, one thousand nine hundred and thirty-
one, and on behalf of the State of New Jersey by the New Jersey
Interstate Bridge Commission by its members on July first, one
thousand nine hundred and thirty-one, and which was consented to
by the Congress of the United States by Public Resolution Number
twenty-six, being chapter two hundred fifty-eight of the Public
Laws, Seventy-second Congress, approved June fourteenth, one
thousand nine hundred and thirty-two, be amended as follows:
(1) That Article II of the compact, as amended April 3,
1992 (P.L.57, No.19), be amended to read:
ARTICLE II
The commission shall consist of sixteen commissioners, eight
resident voters of the Commonwealth of Pennsylvania, and eight
resident voters of the State of New Jersey, who shall serve
without compensation.
The commissioners for the State of New Jersey shall be
appointed by the Governor of New Jersey with the advice and
consent of the Senate of New Jersey, for terms of five years,
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and in case of a vacancy occurring in the office of commissioner
during a recess of the Legislature, it may be filled by the
Governor by an ad interim appointment, which shall expire at the
end of the next regular session of the Senate unless a successor
shall be sooner appointed and qualify and, after the end of the
session, no ad interim appointment to the same vacancy shall be
made unless the Governor shall have submitted to the Senate a
nomination to the office during the session and the Senate shall
have adjourned without confirming or rejecting it; and no person
nominated for any such vacancy shall be eligible for an ad
interim appointment to such office if the nomination shall have
failed of confirmation by the Senate.
Six of the eight commissioners for the Commonwealth of
Pennsylvania shall be appointed by the Governor of Pennsylvania
for terms of five years. The Auditor General and the State
Treasurer of said Commonwealth shall, ex-officio, be
commissioners for said Commonwealth, each having the privilege
of appointing a representative to serve in his place at any
meeting of the commission which he does not attend personally.
Any commissioner who is an elected public official shall have
the privilege of appointing a representative to serve and act in
his place at any meeting of the commission which he does not
attend personally.
Pennsylvania commissioners who are not ex-officio members of
the commission shall be confirmed by a majority of the members
elected to the Pennsylvania Senate.
All commissioners shall continue to hold office after the
expiration of the terms for which they are appointed or elected
until their respective successors are appointed and qualify, but
no period during which any commissioner shall hold over shall be
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deemed to be an extension of his term of office for the purpose
of computing the date on which his successor's term expires.
Section 2. The Governor shall not enter into a supplemental
compact or agreement on behalf of the Commonwealth of
Pennsylvania until passage by the State of New Jersey of a
substantially similar act embodying a supplemental compact or
agreement between the two states.
Section 3. The Governor shall publish the date of execution
of any supplemental compact or agreement referenced in section 2
as a notice in the Pennsylvania Bulletin.
Section 4. The supplemental compact or agreement authorized
by this act shall become operative and effective upon
publication of the notice provided for under section 3 of this
act.
Section 5. This act shall take effect immediately.
SECTION 1. ARTICLE I INTRODUCTORY PARAGRAPH OF SECTION 1 OF
THE ACT OF JUNE 25, 1931 (P.L.1352, NO.332), REFERRED TO AS THE
DELAWARE RIVER JOINT TOLL BRIDGE COMPACT, AMENDED JULY 6, 1953
(P.L.369, NO.84), IS AMENDED TO READ:
THERE IS HEREBY CREATED A BODY CORPORATE AND POLITIC, TO BE
KNOWN AS THE DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION
(HEREINAFTER IN THIS AGREEMENT CALLED THE 'COMMISSION'), WHICH
SHALL CONSIST OF THE COMMISSIONERS, ON BEHALF OF THE
COMMONWEALTH OF PENNSYLVANIA, PROVIDED FOR BY THE ACT, APPROVED
THE EIGHTH DAY OF MAY, ONE THOUSAND NINE HUNDRED AND NINETEEN
(PAMPHLET LAWS, ONE HUNDRED FORTY-EIGHT), AND ITS SUPPLEMENTS
AND AMENDMENTS, FOR THE ACQUISITION OF TOLL BRIDGES OVER THE
DELAWARE RIVER, AND OF COMMISSIONERS, ON BEHALF OF THE STATE OF
NEW JERSEY, PROVIDED FOR BY THE ACT, APPROVED THE FIRST DAY OF
APRIL, ONE THOUSAND NINE HUNDRED AND TWELVE (CHAPTER, TWO
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HUNDRED NINETY-SEVEN), AND ITS SUPPLEMENTS AND AMENDMENTS, FOR
THE ACQUISITION OF TOLL BRIDGES OVER THE DELAWARE RIVER, WHICH
SAID COMMISSIONS HAVE HERETOFORE BEEN ACTING AS A JOINT
COMMISSION BY VIRTUE OF RECIPROCAL LEGISLATION.
NO ACTION OF THE COMMISSION SHALL BE BINDING UNLESS A
MAJORITY OF THE MEMBERS OF THE COMMISSION FROM PENNSYLVANIA AND
A MAJORITY OF THE MEMBERS OF THE COMMISSION FROM NEW JERSEY
SHALL VOTE IN FAVOR THEREOF.
PENNSYLVANIA COMMISSION MEMBERS WHO ARE NOT EX-OFFICIO
MEMBERS OF THE COMMISSION SHALL BE CONFIRMED BY A MAJORITY OF
THE MEMBERS ELECTED TO THE PENNSYLVANIA SENATE.
IN THE EVENT THAT ANY EX-OFFICIO MEMBER OF THE COMMISSION
FROM PENNSYLVANIA SHALL FOR ANY REASON BE ABSENT FROM A MEETING
OF THE COMMISSION, A DEPUTY OR OTHER PERSON IN HIS DEPARTMENT,
DESIGNATED BY HIM FOR SUCH PURPOSE, SHALL BE AUTHORIZED TO ACT
AT SUCH MEETING FOR AND IN BEHALF OF SUCH ABSENT MEMBER AND TO
VOTE IN HIS PLACE ON ALL MATTERS WHICH MAY BE PRESENTED FOR
CONSIDERATION AT SUCH MEETING. SUCH DESIGNATION SHALL BE SIGNED
BY SUCH EX-OFFICIO MEMBER AND FILED WITH THE SECRETARY OF THE
COMMISSION AND SHALL CONTINUE IN EFFECT UNTIL THE EXPIRATION OF
THE TERM OF OFFICE OF SUCH MEMBER OR UNTIL ANOTHER DESIGNATION
SHALL BE MADE.
THE COMMISSION SHALL CONSTITUTE THE PUBLIC CORPORATE
INSTRUMENTALITY OF THE COMMONWEALTH OF PENNSYLVANIA AND THE
STATE OF NEW JERSEY FOR THE FOLLOWING PUBLIC PURPOSES, AND SHALL
BE DEEMED TO BE EXERCISING AN ESSENTIAL GOVERNMENTAL FUNCTION IN
EFFECTUATING SUCH PURPOSES, TO WIT:
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SECTION 2. THE GOVERNOR SHALL NOT ENTER INTO A SUPPLEMENTAL
COMPACT OR AGREEMENT ON BEHALF OF THE COMMONWEALTH OF
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PENNSYLVANIA UNTIL PASSAGE BY THE STATE OF NEW JERSEY OF A
SUBSTANTIALLY SIMILAR ACT EMBODYING A SUPPLEMENTAL COMPACT OR
AGREEMENT BETWEEN THE TWO STATES.
SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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