PRINTER'S NO. 1388

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1051

Session of

2015

INTRODUCED BY HUTCHINSON, EICHELBERGER AND VANCE,

NOVEMBER 10, 2015

REFERRED TO TRANSPORTATION, NOVEMBER 10, 2015

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

providing for the assumption by the Department of

Transportation of the functions of the Pennsylvania Turnpike

Commission, for assumption by the Commonwealth of the

financing functions of the commission, for transfer to the

Department of Transportation and State Treasurer of land,

buildings, personal property and employees of the commission,

for the abolition of the commission and the office of

Turnpike Commissioner; and making inconsistent repeals of

various acts relating to the Pennsylvania Turnpike.

The General Assembly of the Commonwealth of Pennsylvania

Transportation shall appoint, with the approval of the Governor,

[six] seven deputy secretaries who shall have the title of

Deputy Secretary for Administration, Deputy Secretary for

Highway Administration, Deputy Secretary for Safety

Administration, Deputy Secretary for Planning, Deputy Secretary

for Local and Area Transportation [and], Deputy Secretary for

Aviation and the Deputy Secretary for Toll Administration.

* * *

(f) The Deputy Secretary for Local and Area Transportation,

with the approval of the Secretary of Transportation shall have

design, improvement of transportation services and shall perform

the functions and duties heretofore imposed upon and performed

by the Mass Transportation Division in the Bureau of Community

Development of the Department of Community [Affairs] and

Economic Development, by the Secretary of Community [Affairs]

and Economic Development under the act of January 22, 1968

(P.L.42, Act No.8), known as the "Pennsylvania Urban Mass

Transportation Law," by the Department of Commerce in regard to

High-Speed Rail Demonstration Programs and by the former

powers and perform the functions and duties as provided by law

relating to the department's responsibilities under section

2008.1 and under this article with regard to the operation of

toll roads within this Commonwealth.

Section 2. Section 2008 of the act is repealed:

[Section 2008. Toll Roads and Bridges.--The Department of

Transportation shall have the power to acquire, for and on

behalf of the Commonwealth, by purchase or otherwise turnpike or

toll roads, or any parts thereof, or toll bridges, in such

manner and under and subject to such terms and conditions as may

Pennsylvania Turnpike and related highways and shall receive all

tolls and other money otherwise payable to the commission. The

functions assumed shall include all related functions under the

following acts:

Act of May 21, 1937 (P.L.774, No.211) , referred to as the

Pennsylvania Turnpike Commission Act.

Act of May 16, 1940 (Sp.Sess., 1941 P.L.949, No.11), known as

the "Pennsylvania Turnpike Philadelphia Extension Act."

Act of June 11, 1941 (P.L.101, No.53) , known as the "Western

provisions of this act; authorizing the issuance of Turnpike

revenue bonds of the Commonwealth payable solely from tolls; to

pay the cost of the Eastern Extension and the Western Extension;

paying the cost of the Eastern Extension, or the cost of the

Western Extension, or the cost of both; and refunding any

Turnpike revenue bonds or Turnpike refunding bonds which have

heretofore been issued by the Commission under the provisions of

any act heretofore approved, or under the provisions of this

act, and which shall then be outstanding, including the payment

of any redemption premiums thereon; refunding any revenue bonds

signatures, and a facsimile of the official seal of the

Commission upon any bonds issued under the provisions of this

act, or any other act; authorizing the issuance of bonds for the

payment of the construction of any turnpike, and giving certain

definitions."

Act of May 23, 1951 (P.L.335, No.74) , known as the

"Pennsylvania Turnpike Delaware River Extension Act."

Act of August 14, 1951 (P.L.1232, No.282) , referred to as the

Pennsylvania Turnpike System Financing Act.

"Pennsylvania Turnpike Northwestern Extension Act."

Act of June 10, 1955 (P.L.157, No.50) , known as the

"Pennsylvania Turnpike Keystone Shortway Act."

Act of June 14, 1955 (P.L.174, No.52) , known as the

"Pennsylvania Turnpike Southwestern Extension Act."

Act of May 15, 1956 (1955 P.L.1589, No.534) , known as the

"Pennsylvania Turnpike Philadelphia Loop Extension Act."

Act of May 17, 1957 (P.L.160, No.73) , entitled "An act

requiring all tunnels on the Pennsylvania Turnpike to be painted

white or lined with a light colored material and be equipped

act requiring the erection and maintenance of medial barriers or

guards on the Pennsylvania Turnpike."

74 Pa.C.S. Chs. 81 (relating to turnpike) and 82 (relating to

Turnpike Commission standards of conduct).

75 Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike).

(b) (1) The Bureau of Toll Administration is hereby

established in the department to manage the functions assumed by

the department under this section.

(2) The executive director of the commission may be

provided by law. The powers vested in the bureau shall include:

(i) The power to fix or set tolls on any roadway or bridge

under the jurisdiction of the department.

(ii) The power to enter into lease or other partnership

agreements with regard to the operation of existing or future

toll roads under the jurisdiction of the department.

(iii) The power to take actions authorized under the acts

specified in subsection (a).

(c) (1) Positions created by the establishment of the

bureau shall first be offered to personnel employed by the

the civil service status of affected employes of the commission,

nor that of existing employes of the department.

(4) Employes and personal property of the commission

utilized in the bonding process are hereby transferred to the

State Treasurer.

(d) All land, buildings and personal property, as well as

all appropriations, allocations, documents, files, records,

contracts, agreements, equipment, materials, orders, rights and

obligations of the commission are transferred to the department.

on behalf of the Commonwealth, by purchase or otherwise,

turnpike or toll roads, or any parts thereof, or toll bridges,

or may contract out or privatize them, in such manner and under

and subject to such terms and conditions as provided by law.

(g) (1) The department shall have the power and duty to

promulgate regulations to administer the respective functions

transferred to it under this section.

(2) The regulations of the commission for the administration

of the functions transferred under this section shall remain in

effect until such time as new regulations are promulgated under

of the department shall be taken in accordance with the act of

June 25, 1982 (P.L.633, No.181) , known as the "Regulatory Review

Act."

(h) The following words and phrases when used in this

section shall have the meanings given to them in this

subsection, unless the context clearly indicates otherwise:

" Bureau " means the Bureau of Toll Administration established

under this section.

" Commission " means the Pennsylvania Turnpike Commission.

Transportation for repayment of this debt. The State Treasurer

shall assume all powers and duties of the Pennsylvania Turnpike

Commission which relate to issuance and payment of bonds for

construction, reconstruction and maintenance of the turnpike.

Section 5. The Pennsylvania Turnpike Commission and the

office of Turnpike Commissioner are abolished.

Section 6. On and after the effective date of this section,

a reference in any statute to the Pennsylvania Turnpike

Commission shall be deemed to be a reference to the Department

of Transportation.

Act of June 21, 1947 (P.L.877, No.367), entitled "An act to

authorize and empower the Pennsylvania Turnpike Commission to

combine the Turnpike, the Eastern Extension, and the Western

Extension, or any two thereof, for financing purposes under the

provisions of this act; authorizing the issuance of Turnpike

revenue bonds of the Commonwealth payable solely from tolls; to

pay the cost of the Eastern Extension and the Western Extension;

paying the cost of the Eastern Extension, or the cost of the

Western Extension, or the cost of both; and refunding any

Turnpike revenue bonds or Turnpike refunding bonds which have

premiums thereon; authorizing the Commission to fix tolls from

time to time for use of the projects so combined; providing for

the use of a facsimile of the signature of the Governor, and of

the Chairman of the Commission in lieu of their manual

signatures, and a facsimile of the official seal of the

Commission upon any bonds issued under the provisions of this

act, or any other act; authorizing the issuance of bonds for the

payment of the construction of any turnpike, and giving certain

definitions."

Act of May 23, 1951 (P.L.335, No.74), known as the

Pennsylvania Turnpike Delaware River Extension Act.

Act of July 28, 1953 (P.L.706, No.229), known as the

Pennsylvania Turnpike Northwestern Extension Act.

Act of June 10, 1955 (P.L.157, No.50), known as the

Pennsylvania Turnpike Keystone Shortway Act.