PRINTER'S NO. 469
No. 437 Session of 1979
INTRODUCED BY GOEBEL, MARCH 5, 1979
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 5, 1979
AN ACT
1 Amending the act of April 6, 1956 (P.L.1414, No.465), entitled,
2 as amended, "An act to promote the welfare of the people of
3 this Commonwealth; creating Port Authorities to function in
4 counties of the second class as bodies corporate and politic,
5 with power to plan, acquire, construct, maintain and operate
6 facilities and projects for the improvement and development
7 of the port district and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on the authorities; authorizing the
11 authorities to enter into contracts with and to accept grants
12 from the Federal government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates and services; and authorizing the authorities to
15 collect tolls, fares, fees, rentals and charges for the use
16 of facilities; defining the authorities' powers and duties,
17 and defining the port districts; granting Port Authorities
18 the exclusive right to engage in the business of owning,
19 operating, and maintaining a transportation system for the
20 transportation of persons in counties of the second class,
21 providing, when necessary, for extension of transportation
22 systems into adjoining counties and outside of said counties
23 as provided in the act; limiting the jurisdiction of the
24 Public Utility Commission over Port Authorities; authorizing
25 municipalities to make loans and grants and to transfer
26 existing facilities; authorizing Port Authorities to enter
27 into contracts with and to accept grants from State and local
28 governments or agencies thereof; exempting the property and
29 facilities of such Port Authorities from taxation and
30 limiting the time to commence civil action against said
31 Authorities," further providing for the authority's powers to
32 provide certain service and for related liability.
33 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Clause (17) of section 2, act of April 6, 1956
3 (1955 P.L.1414, No.465) known as the "Second Class County Port
4 Authority Act," amended December 30, 1970 (P.L.953, No.300) is
5 amended to read:
6 Section 2. As used in this act:
7 * * *
8 (17) The term "service area" shall mean the entire county
9 incorporating the authority and those portions of adjacent
10 counties necessary to permit the authority (i) to acquire
11 existing transportation systems, eighty per centum of whose
12 revenue vehicle miles for the preceding calendar year are
13 operated within the incorporating county; (ii) to acquire by
14 purchase only and not by exercise of the right of eminent domain
15 other existing transportation systems or parts thereof which, in
16 the authority's sole discretion, are required for the
17 establishment of an integrated system; (iii) to provide service
18 upon routes that are inadequately serviced by existing
19 transportation systems without compensation to any such system,
20 if that system has failed to provide adequate service for a
21 period of more than one year; (iv) to establish transit service
22 between points in the county incorporating the authority and
23 points in the adjacent counties where no such service is at the
24 time being rendered and which service the authority, in its sole
25 discretion, has determined to be required: Provided, however,
26 That no such service shall be established without the consent of
27 the affected adjacent county nor without participation of such
28 county in the payment of the cost of establishing and
29 maintaining such service; and [(iv)] (v) to establish rapid
30 transit facilities over jointly used or exclusive fixed rights
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1 of way.
2 * * *
3 Section 2. Subsection (b) of section 3 of the act is amended
4 by adding a clause to read:
5 Section 3. * * *
6 (b) Each authority is hereby granted and shall have and may
7 exercise all powers necessary or convenient for the carrying out
8 of the aforesaid purposes, including but without limiting the
9 generality of the foregoing, the following rights or powers:
10 * * *
11 (27) To provide service upon routes within its service area
12 that are inadequately serviced by existing transportation
13 systems without compensation to any such system, if that system
14 has failed to provide adequate service for a period of more than
15 one year.
16 Section 3. The fourth paragraph of section 13.1, added
17 October 7, 1959 (P.L.1266, No.429), is amended to read:
18 Section 13.1. * * *
19 The authority shall have the exclusive right to operate a
20 transportation system within the service area as set forth in
21 the plan of integrated operation, except for those
22 transportation systems operating into the said service area from
23 points outside of said area, which companies shall have the
24 right to pick up and discharge passengers destined to and from
25 the territory outside of said area but not the right to pick up
26 and discharge passengers entirely within the service area. Said
27 excepted transportation systems by agreement with the authority
28 may arrange for the pick up and discharge of passengers within
29 the said service area when, in the opinion of the authority,
30 such privilege will serve the purpose for which the authority
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1 was created. The authority may, also by agreement with an
2 existing transportation system now servicing the said service
3 area, permit a continuation of such services where, in the
4 opinion of the authority, such privilege will serve the purpose
5 for which the authority was created. In the event no such
6 agreement is entered into between the excepted transportation
7 systems and the authority prior to the authority commencing to
8 operate a mass transportation system in the service area, the
9 authority shall be liable for all direct and consequential
10 damages for any loss in value of the remaining portions of the
11 system arising from the loss of the right to pick up and
12 discharge passengers entirely within the service area. However,
13 the authority shall not be liable for any damages incurred when
14 acting pursuant to its power as described in clause (27) of
15 subsection (b) of section 3.
16 * * *
17 Section 4. This act shall take effect in 60 days.
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