PRIOR PRINTER'S NOS. 1391, 1456, 1647 PRINTER'S NO. 1692
No. 1053 Session of 1987
INTRODUCED BY CORMAN, STOUT, FISHER, WILT, HOLL, LYNCH,
ROMANELLI, SCANLON, JONES AND JUBELIRER, SEPTEMBER 30, 1987
AS AMENDED ON THIRD CONSIDERATION, DECEMBER 14, 1987
AN ACT
1 Amending the act of September 30, 1985 (P.L.240, No.61),
2 entitled "An act to facilitate vehicular traffic within and
3 across the Commonwealth by providing for the construction,
4 reconstruction, improvement, operation and maintenance of
5 toll roads and the conversion of existing toll-free roads to
6 toll roads in Pennsylvania; conferring powers and imposing
7 duties on the Pennsylvania Turnpike Commission; providing for
8 membership on the Pennsylvania Turnpike Commission;
9 authorizing issuance of turnpike revenue bonds, notes or
10 other obligations of the commission, payable solely from
11 revenues of the commission, including tolls, or from such
12 other funds as may be available to the commission for that
13 purpose, to pay the costs of such toll roads including the
14 acquisition and other costs of toll-free roads and for
15 refunding purposes; providing that no debt of the
16 Commonwealth shall be incurred in the exercise of any of the
17 powers granted by this act; providing for the collection of
18 tolls for the payment of such bonds, notes or other
19 obligations, and for the cost of maintenance, operation and
20 repair of the toll roads including toll-free roads converted
21 to toll roads; making such turnpike revenue bonds, notes or
22 other obligations exempt from taxation; constituting the same
23 legal investments in certain instances; requiring suits
24 against the commission to be brought in the courts in which
25 such actions may be brought against the Commonwealth;
26 prescribing conditions on which toll roads shall be turned
27 over to the Department of Transportation; providing for grade
28 separations, grade changes, relocations, restorations and
29 vacations of public roads and State highways affected by the
30 toll roads; providing for the purchasing or condemnation of
31 land and procedure for determining damages in condemnation;
32 granting certain powers and authority to municipalities and
33 agencies of the Commonwealth to cooperate with the
1 commission; conferring powers and imposing duties on the
2 Department of Transportation; authorizing the Secretary of
3 Transportation to enter into negotiations with the United
4 States Department of Transportation, the Federal Highway
5 Administration or any other Federal agency regarding the
6 conversion of toll-free highways constructed in the
7 Commonwealth using Federal funds to toll roads; and
8 authorizing the Secretary of Transportation to enter into
9 agreements on behalf of the Commonwealth and the commission
10 with the United States Department of Transportation, the
11 Federal Highway Administration or any other Federal agency
12 with respect to obtaining Federal funds for resurfacing,
13 restoring, rehabilitating or reconstructing toll roads in
14 Pennsylvania," further providing for appointments to the
15 commission and officers of the commission; reestablishing the
16 Pennsylvania Turnpike Commission; and providing for an
17 interim audit.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 5(b) AND (E) of the act of September 30, <--
21 1985 (P.L.240, No.61), known as the Turnpike Organization,
22 Extension and Toll Road Conversion Act, is ARE amended to read: <--
23 Section 5. Pennsylvania Turnpike Commission membership and term
24 of office.
25 * * *
26 (b) Appointment after June 4, 1987.--Notwithstanding any
27 other law to the contrary, after June 4, 1987, any vacancy in
28 the membership of the commission shall be filled by appointment
29 of the Governor by and with the advice and consent of [a
30 majority] two-thirds of the members elected to the Senate. Such
31 appointed member shall serve for a term of four years. Upon the
32 expiration of this term, an appointed member may continue to
33 hold office for 90 days or until his successor shall be duly
34 appointed and qualified, whichever period is shorter, but shall
35 not continue to hold office thereafter unless reappointed in
36 accordance with law.
37 * * *
38 (E) CHAIRMAN.--UPON THE EFFECTIVE DATE OF THIS SECTION AND <--
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1 UNTIL AND INCLUDING JUNE 4, 1987, THE GOVERNOR SHALL APPOINT
2 FROM AMONG THE MEMBERS OF THE COMMISSION A MEMBER TO SERVE AS
3 CHAIRMAN OF THE COMMISSION FOR A TERM EXTENDING UNTIL JUNE 4,
4 1987. ON AND AFTER JUNE 5, 1987, A MAJORITY OF THE MEMBERS OF
5 THE COMMISSION SHALL ELECT A MEMBER OF THE COMMISSION TO SERVE
6 AS CHAIRMAN. THE SECRETARY OF TRANSPORTATION MAY NOT SERVE AS
7 CHAIRMAN EXCEPT FOR BRIEF PERIODS NOT TO EXCEED 60 DAYS. ON OR
8 AFTER JUNE 5, 1987, UPON THE APPOINTMENT AND QUALIFICATION OF
9 ANY NEW MEMBER TO SERVE ON THE COMMISSION, THE OFFICE OF
10 CHAIRMAN, AND THE POSITIONS OF ALL OTHER OFFICERS CREATED BY
11 LAW, SHALL BE DEEMED VACANT AND A NEW CHAIRMAN AND OTHER
12 OFFICERS SHALL BE ELECTED BY A MAJORITY OF THE MEMBERS OF THE
13 COMMISSION.
14 * * *
15 Section 2. This act, with respect to the Pennsylvania
16 Turnpike Commission, constitutes the legislation required to
17 reestablish an agency under the act of December 22, 1981
18 (P.L.508, No.142), known as the Sunset Act.
19 Section 3. The presently confirmed members of the existing
20 Pennsylvania Turnpike Commission, as of December 31, 1987, shall
21 continue to serve as members until their present terms of office
22 expire.
23 Section 4. Each rule, regulation or fee of the Pennsylvania
24 Turnpike Commission in effect on December 31, 1987, shall remain
25 in effect until repealed or amended by the Pennsylvania Turnpike
26 Commission.
27 Section 5. During calendar year 1989, the Legislative Budget
28 and Finance Committee shall conduct an audit to determine
29 whether the management issues raised during the previous Sunset
30 Act audit have been addressed and corrected. This audit shall be
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1 completed no later than November of 1989.
2 Section 6. This act shall be retroactive to December 31,
3 1987, if enacted after that date.
4 Section 7. This act shall take effect January 1, 1988.
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