SENATE AMENDED
PRIOR PRINTER'S NO. 191 PRINTER'S NO. 1786
No. 157 Session of 2001
INTRODUCED BY CAPPABIANCA, GEIST, STETLER, PIPPY, DERMODY, BARD,
LAUGHLIN, FAIRCHILD, FORCIER, LEVDANSKY, HARPER, MARKOSEK,
HESS, MELIO, LEH, PETRARCA, MAHER, ROBERTS, MARSICO, SANTONI,
McGILL, WASHINGTON, SAYLOR, STAIRS, STRITTMATTER AND WATSON,
JANUARY 24, 2001
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 1, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, FURTHER providing for the establishment of the <--
3 Pennsylvania Pedalcycle and Pedestrian Advisory Committee and
4 its powers and duties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Chapter 35 of Title 75 of the Pennsylvania <--
8 Consolidated Statutes is amended by adding a subchapter to read:
9 SECTION 1. CHAPTER 35, SUBCHAPTER D OF TITLE 75 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES IS REENACTED AND AMENDED TO
11 READ:
12 SUBCHAPTER D
13 PEDALCYCLE AND PEDESTRIAN ADVISORY COMMITTEE
14 Sec.
15 3571. Pedalcycle and Pedestrian Advisory Committee.
16 § 3571. Pedalcycle and Pedestrian Advisory Committee.
17 (a) Establishment.--There is hereby established under the
1 jurisdiction of the Department of Transportation the
2 Pennsylvania Pedalcycle and Pedestrian Advisory Committee.
3 (b) Composition.--The committee shall consist of 15 members. <--
4 The members shall be as follows:
5 (1) The Secretary of Transportation, ex officio.
6 (2) The Secretary of Conservation and Natural Resources,
7 ex officio.
8 (3) The chairman and minority chairman of the
9 Transportation Committee of the Senate.
10 (4) The chairman and minority chairman of the
11 Transportation Committee of the House of Representatives.
12 (5) Nine members of the public representing areas of
13 concern specified who shall have extensive experience and
14 knowledge of bicycle, pedalcycle, pedestrian and human power
15 issues throughout this Commonwealth, to be appointed by the
16 Governor as follows:
17 (i) One member representing the Bicycling Federation
18 of Pennsylvania.
19 (ii) One member representing the League of American
20 Bicyclists.
21 (iii) One member representing the United States
22 Cycling Federation.
23 (iv) One member representing a Statewide rail-trail
24 organization in Pennsylvania.
25 (v) One member representing the Eastern Paralyzed
26 Veterans Association.
27 (vi) One member representing the Western
28 Pennsylvania Wheelmen.
29 (vii) One member representing the Bicycle Coalition
30 of the Delaware Valley.
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1 (viii) One member representing an established
2 pedestrian advocacy group within this Commonwealth.
3 (ix) One member representing the general public.
4 Each member may designate an alternate to serve in his stead. A
5 member shall notify the chairman in writing of this designation.
6 (c) Terms of appointees.--The terms of all members of the
7 committee appointed by the Governor shall be for three years.
8 Any member of the committee may be reappointed for additional
9 terms. An individual appointed to fill a vacancy shall serve for
10 the unexpired term and shall be eligible for reappointment.
11 (d) Officers.--The members of the committee shall annually
12 elect a chairman, a vice chairman and a secretary from among the
13 public members of the committee.
14 (e) Meetings and expenses.--
15 (1) The committee shall meet at least annually.
16 (2) A public member, including a designee, who misses
17 three consecutive meetings without good cause acceptable to
18 the chairman may be replaced by the Governor.
19 (3) The public members of the committee shall be allowed
20 actual, necessary and reasonable per diem expenses in
21 accordance with regulations of the Executive Board. The
22 department shall provide appropriate staff support to enable
23 the committee to properly carry out its functions.
24 (f) Powers and duties.--The powers and duties of the
25 committee shall be to advise and comment on all phases of
26 cycling and pedestrian program activities being undertaken or
27 financially assisted by the department and agencies of State
28 government.
29 (B) COMPOSITION.--THE COMMITTEE SHALL CONSIST OF [14] 15 <--
30 MEMBERS. THE MEMBERS SHALL BE AS FOLLOWS:
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1 (1) THE SECRETARY OF TRANSPORTATION, EX OFFICIO.
2 (2) THE SECRETARY OF CONSERVATION AND NATURAL RESOURCES,
3 EX OFFICIO.
4 (3) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
5 TRANSPORTATION COMMITTEE OF THE SENATE.
6 (4) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
7 TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
8 (5) [SIX] NINE MEMBERS OF THE PUBLIC REPRESENTING AREAS
9 OF CONCERN [SPECIFIED], WHO [SHALL] MUST HAVE EXTENSIVE
10 EXPERIENCE AND KNOWLEDGE OF BICYCLE, PEDALCYCLE, PEDESTRIAN
11 AND HUMAN POWER ISSUES THROUGHOUT THIS COMMONWEALTH, TO BE
12 APPOINTED BY THE GOVERNOR AS FOLLOWS:
13 (I) ONE MEMBER [FROM A LIST OF AT LEAST THREE
14 REPRESENTATIVES SUBMITTED BY] REPRESENTING THE BICYCLING
15 FEDERATION OF PENNSYLVANIA.
16 (II) ONE MEMBER [FROM A LIST OF AT LEAST THREE
17 REPRESENTATIVES SUBMITTED BY] REPRESENTING THE LEAGUE OF
18 AMERICAN BICYCLISTS.
19 (III) ONE MEMBER [FROM A LIST OF AT LEAST THREE
20 REPRESENTATIVES SUBMITTED BY] REPRESENTING THE UNITED
21 STATES CYCLING FEDERATION.
22 (IV) ONE MEMBER [FROM A LIST OF AT LEAST THREE
23 REPRESENTATIVES SUBMITTED BY THE PENNSYLVANIA CHAPTER OF
24 THE RAILS-TO-TRAILS CONSERVANCY] REPRESENTING A STATE-
25 WIDE RAIL-TRAIL ORGANIZATION IN THIS COMMONWEALTH.
26 (V) ONE MEMBER [FROM A LIST OF AT LEAST THREE
27 REPRESENTATIVES SUBMITTED BY] REPRESENTING THE EASTERN
28 PARALYZED VETERANS ASSOCIATION.
29 (VI) ONE MEMBER [FROM] REPRESENTING THE GENERAL
30 PUBLIC.
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1 (VII) ONE MEMBER [FROM A LIST OF THREE
2 REPRESENTATIVES SUBMITTED BY] REPRESENTING THE WESTERN
3 PENNSYLVANIA WHEELMEN.
4 (VIII) ONE MEMBER [FROM A LIST OF THREE
5 REPRESENTATIVES SUBMITTED BY] REPRESENTING THE BICYCLE
6 COALITION OF THE DELAWARE VALLEY.
7 (IX) ONE MEMBER REPRESENTING AN ESTABLISHED
8 PEDESTRIAN ADVOCACY GROUP ORGANIZED WITHIN THIS
9 COMMONWEALTH.
10 EACH MEMBER SET FORTH IN PARAGRAPHS (1) THROUGH (4) MAY
11 DESIGNATE AN ALTERNATE TO SERVE IN HIS STEAD[. A], AND SUCH
12 MEMBER SHALL NOTIFY THE CHAIRMAN IN WRITING OF THIS DESIGNATION.
13 (C) TERMS OF APPOINTEES.--THE TERMS OF ALL MEMBERS OF THE
14 COMMITTEE APPOINTED BY THE GOVERNOR SHALL BE FOR THREE YEARS.
15 ANY MEMBER OF THE COMMITTEE MAY BE REAPPOINTED FOR ADDITIONAL
16 TERMS. AN INDIVIDUAL APPOINTED TO FILL A VACANCY SHALL SERVE FOR
17 THE UNEXPIRED TERM AND SHALL BE ELIGIBLE FOR REAPPOINTMENT.
18 (D) OFFICERS.--THE MEMBERS OF THE COMMITTEE SHALL ANNUALLY
19 ELECT A CHAIRMAN, A VICE CHAIRMAN AND A SECRETARY FROM AMONG THE
20 PUBLIC MEMBERS OF THE COMMITTEE.
21 (E) MEETINGS AND EXPENSES.--
22 (1) THE COMMITTEE SHALL MEET AT LEAST ANNUALLY.
23 (2) A PUBLIC MEMBER[, INCLUDING A DESIGNEE,] WHO MISSES
24 THREE CONSECUTIVE MEETINGS WITHOUT GOOD CAUSE ACCEPTABLE TO
25 THE CHAIRMAN MAY BE REPLACED BY THE GOVERNOR.
26 (3) THE PUBLIC MEMBERS OF THE COMMITTEE SHALL BE ALLOWED
27 ACTUAL, NECESSARY AND REASONABLE PER DIEM EXPENSES IN
28 ACCORDANCE WITH REGULATIONS OF THE EXECUTIVE BOARD. THE
29 DEPARTMENT SHALL PROVIDE APPROPRIATE STAFF SUPPORT TO ENABLE
30 THE COMMITTEE TO PROPERLY CARRY OUT ITS FUNCTIONS.
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1 (F) POWERS AND DUTIES.--THE POWERS AND DUTIES OF THE
2 COMMITTEE SHALL BE TO ADVISE AND COMMENT ON ALL PHASES OF
3 CYCLING AND PEDESTRIAN PROGRAM ACTIVITIES BEING UNDERTAKEN OR
4 FINANCIALLY ASSISTED BY THE DEPARTMENT AND AGENCIES OF STATE
5 GOVERNMENT.
6 Section 2. The addition REENACTMENT AND AMENDMENT of 75 <--
7 Pa.C.S. Ch. 35 Subch. D shall be retroactive to December 31,
8 2000.
9 Section 3. This act shall take effect immediately.
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