DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION - AMEND
                  Act of Jul. 11, 1996, P.L. 556, No. 99              Cl. 36
                             Session of 1996
                               No. 1996-99

     SB 1344

                                  AN ACT

     Amending the act of June 25, 1931 (P.L.1352, No.332), entitled
        "An act providing for joint action by the Commonwealth of
        Pennsylvania and the State of New Jersey in the
        administration, operation, and maintenance of bridges over
        the Delaware River, and for the construction of additional
        bridge facilities across said river; authorizing the
        Governor, for these purposes, to enter into an agreement with
        the State of New Jersey; creating a Delaware River Joint Toll
        Bridge Commission and specifying the powers and duties
        thereof, including the power to finance the construction of
        additional bridges by the issuance of revenue bonds to be
        redeemed from revenues derived from tolls collected at such
        bridges; transferring to said commission all powers now
        exercised by existing commission created to acquire toll
        bridges over the Delaware River; and making an
        appropriation," further providing for powers, for a
        limitation on certain employment and for joint audits.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Article II of section 1 of the act of June 25,
     1931 (P.L.1352, No.332), referred to as the Delaware River Joint
     Toll Bridge Compact, amended July 6, 1953 (P.L.369, No.84),
     November 10, 1965 (P.L.704, No.336) and June 28, 1968 (P.L.279,
     No.134), is amended to read:
                               ARTICLE II.
        For the effectuation of its authorized purposes, the
     commission is hereby granted the following powers as limited and
     supplemented by the act of July 1, 1996 (P.L.456, No.70),
     entitled "A supplement to the act of June 25, 1931 (P.L.1352,
     No.332), entitled 'An act providing for joint action by the
     Commonwealth of Pennsylvania and the State of New Jersey in the
     administration, operation, and maintenance of bridges over the
     Delaware River, and for the construction of additional bridge
     facilities across said river; authorizing the Governor, for
     these purposes, to enter into an agreement with the State of New
     Jersey; creating a Delaware River Joint Toll Bridge Commission
     and specifying the powers and duties thereof, including the
     power to finance the construction of additional bridges by the
     issuance of revenue bonds to be redeemed from revenues derived
     from tolls collected at such bridges; transferring to said
     commission all powers now exercised by existing commission
     created to acquire toll bridges over the Delaware River; and
     making an appropriation,' requiring the commission to adopt
     competitive purchasing, equal opportunity employment and
     competitive hiring practices":
        (a)  To have perpetual succession.
        (b)  To sue and be sued.
        (c)  To adopt and use an official seal.
        (d)  To elect a chairman, vice-chairman, secretary and
     treasurer, and appoint an engineer. The secretary, treasurer,
     and engineer need not be members of the commission.
        (e)  To adopt suitable by-laws for the management of its
     affairs.
        (f)  To appoint such other officers, agents and employees as
     it may require for the performance of its duties.
        (g)  To determine the qualifications and duties of its
     appointees, and to fix their compensation[.], except that the
     commission shall not employ directly or as an independent
     contractor a member of the commission for a period of two years
     after the expiration of the term of office of that member.
        (h)  To enter into contracts.
        (i)  To acquire, own, hire, use, operate, and dispose of
     personal property.
        (j)  To acquire, own, use, lease, operate, and dispose of
     real property and interest in real property, and to make
     improvements thereon.
        (j.1)  At its option, to authorize the Department of Property
     and Supplies to prescribe standards and specifications and make
     contracts and purchases of various materials and services for
     the commission, pursuant to the provisions of sections 2403,
     2403.1 and 2409 of the act of April 9, 1929 (P.L.177), known as
     "The Administrative Code of 1929."
        (k)  To grant the use of, by franchise, lease, and otherwise,
     and to make and collect charges for the use of, any property or
     facility owned or controlled by it.
        (l)  To borrow money upon its bonds or other obligations,
     either with or without security.
        (m)  To exercise the power of eminent domain.
        (n)  To determine the exact location, system, and character
     of, and all other matters in connection with, any and all
     improvements or facilities which it may be authorized to own,
     construct, establish, effectuate, maintain, operate or control.
        (o)  In addition to the foregoing powers, to exercise the
     powers, duties, authority and jurisdiction heretofore conferred
     and imposed upon the aforesaid commissions, hereby constituted a
     joint commission by reciprocal legislation of the Commonwealth
     of Pennsylvania and the State of New Jersey, with respect to the
     acquisition of toll bridges over the Delaware River, the
     management, operation and maintenance of such bridges, and the
     location, acquisition, construction, administration, operation
     and maintenance of additional bridge communications over the
     Delaware River at any location north of the boundary line
     between Bucks County and Philadelphia County in the Commonwealth
     of Pennsylvania, as extended across the Delaware River to the
     New Jersey shore of said river. The powers granted in this
     paragraph shall be in addition to those powers granted by
     paragraph (a) of Article X of this agreement.
        (p)  To exercise all other powers, not inconsistent with the
     Constitutions of the States of Pennsylvania and New Jersey or of
     the United States, which may be reasonably necessary or
     incidental to the effectuation of its authorized purposes or to
     the exercise of any of the powers granted to the commission by
     this agreement or any amendment thereof or supplement thereto,
     except the power to levy taxes or assessments for benefits; and
     generally to exercise, in connection with its property and
     affairs and in connection with property under its control, any
     and all powers which might be exercised by a natural person or a
     private corporation in connection with similar property and
     affairs.
        (q)  To acquire, construct, rehabilitate, improve, maintain,
     lease as lessor or as lessee, repair and operate, port and
     terminal facilities, as hereinafter defined, within the
     district, including the dredging of ship channels and turning
     basins and the filling and grading of land therefor.
        (r)  To provide from time to time for the issuance of its
     bonds or other obligations for any one or more of its corporate
     purposes; all bonds and other obligations hereafter issued by
     the commission shall have all the qualities and incidents of
     negotiable instruments.
        (s)  To fix, charge and collect fees, rentals, tolls and
     other charges for the use of any of its port and terminal
     facilities so as to provide funds at least sufficient with other
     funds available for such purposes (1) to pay the cost of
     maintaining, repairing and operating such port and terminal
     facilities, including the administrative expenses of the
     commission chargeable thereto; (2) to pay the bonds or other
     obligations issued on account of such facilities and the
     interest thereon as the same become due and payable; and (3) to
     provide reserves for such purposes, and to pledge such funds
     over and above such costs of maintenance, repair and operation
     to the payment of such bonds or other obligations and the
     interest thereon.
        (t)  To petition the Interstate Commerce Commission, any
     public service or public utilities commission, or any other
     federal, state or local authority, whether administrative,
     judicial or legislative, for the adoption and execution of any
     physical improvement, change in method, rate of transportation,
     system of handling freight, warehousing, docking, lightering or
     transfer of freight, which, in the opinion of the commission,
     may be designed to improve or facilitate the movement or
     handling of commerce within the district or improve the terminal
     or transportation facilities therein.
        As used in this agreement, the term 'port and terminal
     facilities' shall mean and shall include, without intending
     thereby to limit the definition of such term, any one or more of
     the following or any combination thereof:
        (1)  Every kind of terminal or storage structure or facility
     now in use or hereafter designed for use in the handling,
     storage, loading or unloading of freight or passengers at
     steamship, railroad or motor terminals or airports, and every
     kind of transportation facility now in use or hereafter designed
     for use in connection therewith; and
        (2)  All real and personal property and all works, buildings,
     structures, equipment, machinery, appliances and appurtenances
     necessary or convenient for the proper construction, equipment,
     maintenance and operation of such facility or facilities or any
     one or more of them.
        Notwithstanding any other provision of this agreement or any
     provision of law, state or federal, to the contrary, the
     commission shall not combine for financing purposes any port and
     terminal facility or facilities constructed or acquired by it
     under the provisions of this agreement with any bridge or
     bridges heretofore or hereafter constructed or acquired by the
     commission.
        The powers herein granted to the commission with reference to
     port and terminal facilities shall supersede the right to
     exercise any such powers within the district, as defined in
     paragraph (e) of Article I of this agreement, by any other body
     which has been heretofore created by compact or agreement
     between the Commonwealth of Pennsylvania and the State of New
     Jersey.
        Nothing contained in any other of the provisions of this
     compact or agreement shall be deemed or construed to amend,
     modify or repeal any of the powers, rights or duties conferred
     by, or limitations or restrictions expressed in, Article X of
     this compact or agreement, or any of the provisions of said
     Article X relating to a bridge to be constructed, operated and
     maintained by the Pennsylvania Turnpike Commission or the New
     Jersey Turnpike Authority acting alone or in conjunction with
     each other.
        Section 2.  Article IX of section 1 of the act, amended June
     13, 1947 (P.L.592, No.256), is amended to read:
                               ARTICLE IX.
        The commission shall make annual reports to the Governors and
     Legislatures of the Commonwealth of Pennsylvania and the State
     of New Jersey setting forth in detail its operations and
     transactions, and may make such additional reports from time to
     time to the Governors and Legislatures, as it may deem
     advisable.
        The commission shall submit biennially to a performance audit
     jointly conducted by the Auditor General of Pennsylvania and the
     State Auditor of New Jersey, which shall include expenditures
     and operations of the commission. These auditors shall complete
     the performance audit and prepare a joint report by December 31
     of every odd-numbered year, with the first audit and report to
     be completed by December 31, 1997. A report of those audits
     shall be submitted to the Governors and Legislatures of the
     Commonwealth of Pennsylvania and the State of New Jersey and to
     the Delaware River Joint Toll Bridge Commission.
        An annual financial audit shall be conducted at the expense
     of the commission by an independent accounting firm in
     accordance with generally accepted accounting principles. A
     written report of each audit shall be submitted to the
     commission and shall be retained by the commission for at least
     five years.
        Section 3.  The Governor shall not enter into a supplemental
     compact or agreement on behalf of the Commonwealth of
     Pennsylvania until passage by the State of New Jersey of a
     substantially similar act embodying a supplemental compact or
     agreement between the two states.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 11th day of July, A. D. 1996.

     THOMAS J. RIDGE