PRINTER'S NO. 2268
No. 1771 Session of 1983
INTRODUCED BY TRUMAN, MAYERNIK, PRESTON, SALVATORE, MRKONIC,
FEE, TRELLO, ANGSTADT, DEAL, CIVERA, CARN, PETRONE, RIEGER,
McMONAGLE, KOSINSKI, WIGGINS, BARBER, FATTAH, RYBAK,
MISCEVICH, COLE, KOWALYSHYN, CORDISCO, WACHOB, WESTON,
WILSON, JAROLIN, KUKOVICH, OLIVER, FREEMAN AND McHALE,
DECEMBER 5, 1983
REFERRED TO COMMITTEE ON TRANSPORTATION, DECEMBER 5, 1983
AN ACT
1 Amending the act of May 21, 1937 (P.L.774, No.211), entitled "An
2 act to facilitate vehicular traffic between the eastern and
3 western sections of the Commonwealth by providing for the
4 construction, operation and maintenance of a turnpike from a
5 point at or near Middlesex in Cumberland County to a point at
6 or near Irwin in Westmoreland County; providing for the
7 creation of the Pennsylvania Turnpike Commission, and
8 conferring powers and imposing duties on said commission;
9 authorizing the issuance of turnpike revenue bonds of the
10 Commonwealth, payable solely from tolls, to pay the cost of
11 such turnpike; providing that no debt of the Commonwealth
12 shall be incurred in the exercise of any of the powers
13 granted by this act; providing for the collection of tolls
14 for the payment of such bonds and for the cost of
15 maintenance, operation and repair of the turnpike; making
16 such bonds exempt from taxation; constituting such bonds
17 legal investments in certain instances; prescribing
18 conditions upon which such turnpike shall become free;
19 providing for condemnation; granting certain powers and
20 authority to municipal subdivisions and agencies of the
21 Commonwealth to cooperate with the commission; and
22 authorizing the issuance of turnpike revenue refunding
23 bonds," providing that the tolls for passenger cars owned and
24 operated by State residents sixty-five years of age or older
25 shall be reduced by one-half.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
1 Section 1. Section 12 of the act of May 21, 1937 (P.L.774,
2 No.211), referred to as the Pennsylvania Turnpike Commission
3 Act, is amended to read:
4 Section 12. The turnpike when completed and opened to
5 traffic shall be maintained and repaired by and under the
6 control of the commission through the Department of [Highways]
7 Transportation of the Commonwealth, and all charges and costs
8 for such maintenance and repairs actually expended by said
9 Department of [Highways] Transportation shall be paid to it by
10 the commission upon certification thereof out of tolls. Such
11 turnpike shall also be policed and operated by such force of
12 police, toll-takers and other operating employes as the
13 commission may in its discretion employ.
14 The commission is hereby authorized to fix and to revise from
15 time to time tolls for the use of the turnpike and the different
16 parts or sections thereof, and to charge and collect the same,
17 and to contract with any person, partnership, association or
18 corporation desiring the use of any part thereof, including the
19 right of way adjoining the paved portion, for placing thereon
20 telephone, telegraph, electric light or power lines, gas
21 stations, garages, stores, hotels, restaurants, and advertising
22 signs, or for any other purpose, except for tracks for railroad
23 or railway use, and to fix the terms, conditions, rents and
24 rates of charges for such use. Such tolls shall be so fixed and
25 adjusted as to provide a fund at least sufficient with other
26 revenues of the turnpike, if any, to pay--(a) the cost of
27 maintaining, repairing and operating the turnpike; and (b) the
28 bonds and the interest thereon, and all sinking fund
29 requirements, and other requirements provided by the resolution
30 authorizing the issuance of the bonds or by the trust indenture
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1 as the same shall become due. In fixing such tolls the
2 commission shall take into consideration the requirement hereby
3 imposed that the tolls for the use of the turnpike and the
4 different parts or sections thereof by passenger cars, as
5 defined by 75 Pa.C.S. § 102 (definitions), which are owned and
6 operated by residents of this Commonwealth who are sixty-five
7 years of age or older, shall be reduced to and fixed at one-half
8 the tolls charged for other passenger cars. Such tolls shall not
9 be subject to supervision or regulation by any other State
10 commission, board, bureau or agency. The tolls and all other
11 revenues derived from the turnpike, except such part thereof as
12 may be required to pay the cost of maintaining, repairing and
13 operating the turnpike and to provide such reserves therefor as
14 may be provided for in the resolution authorizing the issuance
15 of the bonds or in the trust indenture, shall be set aside at
16 such regular intervals as may be provided in such resolution or
17 such trust indenture, in a sinking fund which is hereby pledged
18 to, and charged with the payment of, (1) the interest upon such
19 bonds as such interest shall fall due; (2) the principal of the
20 bonds as the same shall fall due; (3) the necessary fiscal
21 agency charges for paying principal and interest; and (4) any
22 premium upon bonds retired by call or purchase as herein
23 provided. The use and disposition of such sinking fund shall be
24 subject to such regulations as may be provided in the resolution
25 authorizing the issuance of bonds or in the trust indenture,
26 but, except as may otherwise be provided in such resolution or
27 trust indenture, such sinking fund shall be a fund for the
28 benefit of all bonds issued hereunder without distinction or
29 priority of one over another. Subject to the provisions of the
30 resolutions authorizing the issuance of bonds or of the trust
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1 indenture, any moneys in such sinking fund in excess of an
2 amount equal to one year's interest on all bonds then
3 outstanding may be applied to the purchase or redemption of
4 bonds. All bonds so purchased or redeemed shall forthwith be
5 cancelled and shall not again be issued.
6 Section 2. This act shall take effect in 60 days.
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