PRINTER'S NO. 428
No. 364 Session of 2003
INTRODUCED BY YUDICHAK, TIGUE, CAWLEY, D. EVANS, CAPPELLI,
FREEMAN, GORDNER, HORSEY, MANN, PALLONE, THOMAS, YOUNGBLOOD,
CREIGHTON, GERGELY, GRUCELA, JAMES, MELIO, SOLOBAY AND
WANSACZ, FEBRUARY 24, 2003
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 24, 2003
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for the
21 State Transportation Commission.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 468 of the act of April 9, 1929 (P.L.177,
25 No.175), known as The Administrative Code of 1929, amended April
26 30, 1986 (P.L.121, No.37), is amended to read:
1 Section 468. State Transportation Commission.--(a) There is
2 hereby created a State Transportation Commission which shall
3 consist of [fifteen] seventeen members, one of whom shall be the
4 Secretary of Transportation, who shall be the chairman of the
5 commission. The chairman and minority chairman of the Committee
6 on Transportation of the Senate and the chairman and minority
7 chairman of the Committee on Transportation of the House of
8 Representatives, respectively, shall be members of the
9 commission.
10 (b) Subject to the provisions of subsection (h), the
11 Governor shall nominate and by and with the advice and consent
12 of a majority of all the members of the Senate, appoint [ten]
13 twelve of the remaining members of the commission[, not]. Eleven
14 of the members appointed under this subsection must be a
15 resident of a different engineering district organized under
16 section 2004. No more than [five] six [of whom shall] members
17 appointed under this subsection may be members of the same
18 political party[, for terms of]. Terms shall be for six years.
19 [Not more nor less than one appointed member of the commission
20 shall be a resident of the counties of Philadelphia and
21 Allegheny, respectively.] At least one of the members of the
22 commission [shall] must hold at least a private pilot's license
23 and derive part of his or her livelihood from aviation related
24 activities or be otherwise actively involved in aviation. At
25 least two of the appointees of the Governor [shall] must be
26 members of the board of directors of a transportation authority
27 at the time of their appointment[: Provided, That said authority
28 appointees shall not be considered residents of either
29 Philadelphia or Allegheny County for the purpose of the
30 preceding sentence]. The present members of the commission shall
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1 be entitled to complete their present terms and may be
2 reappointed at the completion thereof if they satisfy the
3 requirements of this subsection.
4 (c) Any member of the General Assembly who serves as a
5 member of the State Transportation Commission pursuant to
6 subsection (a) or this subsection shall have the power and may
7 appoint a designee who shall have the same rights and privileges
8 as a member when attending a meeting of the State Transportation
9 Commission on behalf of the legislative member.
10 (d) The members of the commission [shall] must be reputable
11 citizens of the Commonwealth, of mature judgment and broad
12 business experience and [shall] must not hold any other position
13 as an employe of the Commonwealth. Any person appointed to fill
14 a vacancy shall serve only for the unexpired term. A member of
15 the commission may be reappointed to succeed himself. All
16 appointed members shall serve for their appointed terms and may
17 serve for a period not to exceed six months until their
18 successors have been appointed and qualify. All vacancies shall
19 be filled not later than sixty days after such vacancy occurs.
20 (e) No member of the commission, during his term of office
21 [shall] may directly or indirectly own, have any significant
22 financial interest in, be associated with, or receive any fee,
23 commission, compensation or anything of value from any person,
24 firm, partnership, business association or corporation which
25 supplies materials or services of any nature except services of
26 an informational or advisory nature rendered as a public service
27 and without profit to the Department of Transportation.
28 (f) Each member of the commission shall be deemed to have
29 been appointed to represent the interests of the Commonwealth at
30 large and [shall not be deemed to be the representative of any
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1 region or] the interests of the member's district [whatsoever].
2 (g) The members of the commission, other than the secretary
3 and the legislative members, shall be entitled to receive
4 seventy-five dollars ($75) per diem for each day actually spent
5 in the performance of his duties and all members shall be
6 entitled to reimbursement for reasonable expenses as determined
7 by rule or regulation of the commission.
8 (h) Upon receipt of a written notice from the chairman of
9 the State Transportation Commission stating that the named
10 appointed member of the commission has missed three consecutive
11 regularly scheduled meetings of the commission without cause and
12 excluding any meetings under section 2011(c), (d) or (e), the
13 appointing authority may remove the member named in the written
14 notice and may appoint a new member to fill the vacancy as
15 provided in subsection (d).
16 (i) The Department of Transportation shall supply all
17 necessary assistance to assist the State Transportation
18 Commission in carrying out its duties and responsibilities.
19 Section 2. This act shall take effect in 180 days.
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