HOUSE AMENDED PRIOR PRINTER'S NOS. 1650, 1742, 1870 PRINTER'S NO. 2109
No. 1345 Session of 1995
INTRODUCED BY ULIANA, HECKLER AND TOMLINSON, DECEMBER 14, 1995
AS REPORTED FROM COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 12, 1996
A SUPPLEMENT 1 To the act of June 25, 1931 (P.L.1352, No.332), entitled "An act 2 providing for joint action by the Commonwealth of 3 Pennsylvania and the State of New Jersey in the 4 administration, operation, and maintenance of bridges over 5 the Delaware River, and for the construction of additional 6 bridge facilities across said river; authorizing the 7 Governor, for these purposes, to enter into an agreement with 8 the State of New Jersey; creating a Delaware River Joint Toll 9 Bridge Commission and specifying the powers and duties 10 thereof, including the power to finance the construction of 11 additional bridges by the issuance of revenue bonds to be 12 redeemed from revenues derived from tolls collected at such 13 bridges; transferring to said commission all powers now 14 exercised by existing commission created to acquire toll 15 bridges over the Delaware River; and making an 16 appropriation," requiring the commission to adopt competitive 17 purchasing, equal opportunity employment and competitive 18 hiring practices. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Legislative findings and declarations. 22 The General Assembly finds and declares as follows: 23 (1) The Delaware River Joint Toll Bridge Commission was 24 created by the Commonwealth of Pennsylvania and the State of 25 New Jersey, with the consent of Congress, to provide an
1 efficient means of carrying out the planning, construction, 2 maintenance and rehabilitation of certain Delaware river 3 crossings. 4 (2) The Commonwealth of Pennsylvania and the State of 5 New Jersey rely upon the commission to competently execute 6 the duties and powers delegated to it as well as carefully 7 managing the not inconsiderable financial means available to 8 the commission. 9 (3) Notwithstanding the delegation of power to the 10 commission, it is incumbent upon the Commonwealth of 11 Pennsylvania and the State of New Jersey to ensure that the 12 commission carries out its duties in a manner which ensures 13 prudent use of toll payer moneys. 14 (4) Therefore, it is in the best interest of the public 15 to supplement or limit the powers of the commission, as the 16 case may be, to require the commission to competitively bid 17 contracts in accordance with the public policies of the 18 Commonwealth of Pennsylvania and the State of New Jersey. 19 Section 2. Contracts. 20 The Delaware River Joint Toll Bridge Commission, in the 21 exercise of its authority to make and enter into contracts and 22 agreements necessary or incidental to the performance of its 23 duties and the execution of its powers, shall adopt standing 24 operating rules and procedures requiring that, except as 25 hereinafter provided, no contract on behalf of the commission 26 shall be entered into for the doing of any work, or for the 27 hiring of equipment or vehicles, where the sum to be expended 28 exceeds $10,000 unless the commission shall first publicly 29 advertise for bids therefor, and requiring that the commission 30 award the contract to the lowest responsible bidder; provided, 19950S1345B2109 - 2 -
1 however, that such advertising shall not be required where the 2 contract to be entered into is one for the furnishing or 3 performing services of a professional nature or for the 4 supplying of any product or the rendering of any service by a 5 public utility subject to the jurisdiction of the Pennsylvania 6 Public Utility Commission or the Board of Regulatory 7 Commissioners of New Jersey and tariffs and schedules of the 8 charges made, charged, or exacted by the public utility for any 9 such products to be supplied or services to be rendered are 10 filed with the appropriate boards. 11 Section 3. Power of commission. 12 This act shall not prevent the commission from having any 13 work done by its own employees, nor shall it apply to repairs or 14 to the furnishing of materials, supplies or labor, or the hiring 15 of equipment or vehicles, when the safety or protection of its 16 or other public property or the public convenience require, or 17 the exigency of the commission's service will not admit of such 18 advertisement. In such case the commission shall, by resolution, 19 passed by the affirmative vote of a majority of its members, 20 declare the exigency or emergency to exist and set forth in the 21 resolution the nature thereof and the approximate amount to be 22 so expended. 23 Section 4. Adjustment of threshold amount. 24 The commission may annually adjust the threshold amount in 25 direct proportion to the rise or fall of the Consumer Price 26 Index for All Urban Consumers in the New York City and 27 Philadelphia areas as reported by the United States Department 28 of Labor. 29 Section 5. Equal opportunity employment and competitive hiring 30 practices. 19950S1345B2109 - 3 -
1 (a) Program.--The Delaware River Joint Toll Bridge 2 Commission shall formulate and abide by a program of equal 3 opportunity in accordance with the provisions of the Law Against 4 Discrimination (L.1945 C. 169, p. 589, N.J.S.A. 10:5-1 et seq.) 5 and the act of October 27, 1955 (P.L.744, No.222), known as the 6 Pennsylvania Human Relations Act. 7 (b) Hiring.--The commission, in the exercise of its 8 authority to appoint officers, agents and employees, shall adopt 9 a policy of open and competitive hiring practices. The policy 10 shall provide, at a minimum, that job application forms be 11 available at all commission facilities. 12 Section 6. Applicability. 13 This act shall apply as follows: 14 (1) This act shall apply upon the enactment into law by 15 the State of New Jersey of legislation having an identical 16 effect with this act, but if the State of New Jersey has 17 already enacted such legislation, this act shall apply 18 immediately, except as provided in paragraph (2). 19 (2) Notwithstanding paragraph (1), this act shall remain 20 inoperative until the enactment of the act of 21 , 19 (P.L. , No. ), entitled "An act amending the act 22 of June 25, 1931 (P.L.1352, No.332), entitled 'An act 23 providing for joint action by the Commonwealth of 24 Pennsylvania and the State of New Jersey in the 25 administration, operation, and maintenance of bridges over 26 the Delaware River, and for the construction of additional 27 bridge facilities across said river; authorizing the 28 Governor, for these purposes, to enter into an agreement with 29 the State of New Jersey; creating a Delaware River Joint Toll 30 Bridge Commission and specifying the powers and duties 19950S1345B2109 - 4 -
1 thereof, including the power to finance the construction of
2 additional bridges by the issuance of revenue bonds to be
3 redeemed from revenues derived from tolls collected at such
4 bridges; transferring to said commission all powers now
5 exercised by existing commission created to acquire toll
6 bridges over the Delaware River; and making an
7 appropriation,' further providing for attendance at meeting <--
8 POWERS, for a limitation on certain employment and for joint <--
9 audits," and similar legislation enacted by the State of New
10 Jersey, and the approval, if necessary, by the Congress of
11 the United States of the amendments to the compact described
12 in this paragraph.
13 Section 7. Effective date.
14 This act shall take effect immediately.
J30L36JLW/19950S1345B2109 - 5 -