Bill Text: PA HB1304 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for powers of the authority.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Engrossed - Dead) 2011-06-08 - Referred to TRANSPORTATION [HB1304 Detail]

Download: Pennsylvania-2011-HB1304-Amended.html

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PRIOR PRINTER'S NO. 1480 PRINTER'S NO. 1955
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1304 Session of2011
INTRODUCED BY READSHAW, KORTZ, HESS, DeWEESE, W. KELLER, CALTAGIRONE, CARROLL, D. COSTA, EVERETT, KULA, MARSHALL, MILLER, WHEATLEY AND DEASY, APRIL 7, 2011
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 24, 2011
AN ACT
Amending the act of April 6, 1956 (1955 P.L.1414, No.465),
entitled, as amended, "An act to promote the welfare of the
people of this Commonwealth; creating Port Authorities to
function in counties of the second class as bodies corporate
and politic, with power to plan, acquire, construct, maintain
and operate facilities and projects for the improvement and
development of the port district and to borrow money and
issue bonds therefor; providing for the payment of such bonds
and prescribing the rights of the holders thereof; conferring
the right of eminent domain on the authorities; authorizing
the authorities to enter into contracts with and to accept
grants from the Federal government or any agency thereof; and
conferring exclusive jurisdiction on certain courts over
rates and services; and authorizing the authorities to
collect tolls, fares, fees, rentals and charges for the use
of facilities; defining the authorities' powers and duties,
and defining the port districts; granting Port Authorities
the exclusive right to engage in the business of owning,
operating, and maintaining a transportation system for the
transportation of persons in counties of the second class,
providing, when necessary, for extension of transportation
systems into adjoining counties and outside of said counties
as provided in the act; limiting the jurisdiction of the
Public Utility Commission over Port Authorities; authorizing
municipalities to make loans and grants and to transfer
existing facilities; authorizing Port Authorities to enter
into contracts with and to accept grants from State and local
governments or agencies thereof; exempting the property and
facilities of such Port Authorities from taxation and
limiting the time to commence civil action against said
Authorities," further providing for powers of the authority.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6 of the act of April 6, 1956 (1955
P.L.1414, No.465), known as the Second Class County Port
Authority Act, amended June 18, 1999 (P.L.72, No.11), is amended
to read:
Section 6. Subject to the provisions of section 6.1, [the <--
powers of the authority shall be exercised by a board, composed
of the number of members, not more than nine, one of whom shall
at all times be a member of the county council appointed by the
county executive, as shall be fixed by the county council of
each county of the second class. The county executive of each
county of the second class shall appoint the members of the
board, all of whom shall be residents of such county] the powers
of the authority shall be exercised by a board, composed of the
number of members, not more than nine. The Governor may appoint
as a member of the board one person. The Majority Leader and the
Minority Leader of the Senate and the Majority Leader and the
Minority Leader of the House of Representatives shall each
appoint two persons to serve as a board member. The county
executive shall appoint four persons who shall be residents of
such county and citizens of the United States, whose terms of
office shall commence on the date of appointment, one member
shall serve for one year, one for two years, one for three
years, and one for four years, and one for five years, from the
first day of January next succeeding the date of approval of
this act, and terms of other members shall be staggered in a
similar manner but in no instance shall exceed five years.
Thereafter, whenever a vacancy has occurred or is about to occur
by reason of death of or the expiration of the term of any
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member, the [county executive] appointing authority of the
member shall appoint a member for a term of five years to
succeed the member whose term has expired or is about to expire.
Members shall hold office until their successors have been
appointed, and may succeed themselves. A member shall receive
such compensation for his services as the county executive shall
determine and shall be entitled to the necessary expenses,
including traveling expenses incurred in the performance of his
duties. Within ninety days after the creation of the authority,
the board shall meet and organize by electing from their number
a chairman, a vice chairman, and such other officers as the
board may determine. The board may employ a secretary, an
executive director, its own counsel and legal staff and such
technical experts and other agents and employes, permanent or
temporary, as it may require, and may determine the
qualifications and fix the compensation of such persons. Six
members of the board shall constitute a quorum for its meetings.
Members of the board shall not be liable personally on the bonds
or other obligations of the authority, and the rights of
creditors shall be solely against such authority. The board may
delegate to one or more of its agents or employes such of its
powers as it shall deem necessary to carry out the purposes of
this act, subject always to the supervision and control of the
board. The board shall have full authority to manage and operate
the business of the authority and to prescribe, amend and repeal
by-laws, rules and regulations governing the manner in which the
business of the authority may be conducted and the powers
granted to it may be exercised and embodied. Copies of such by-
laws, rules and regulations shall be filed with the county
council of the county incorporating the authority. A member may
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be removed for cause by the court of common pleas of the county
in which the authority is located after having been provided
with a copy of the charges against the member for at least ten
days and a full hearing by the court.
If a vacancy occurs by reason of the death, resignation or
removal of a member, the county executive shall appoint a
successor to fill the unexpired term.
Section 2. This act shall take effect in 60 days.
Section 6. Subject to the provisions of section 6.1, the <--
powers of [the] an authority shall be exercised by a board,
composed of [the number of members, not more than nine, one of
whom shall at all times be a member of the county council
appointed by the county executive, as shall be fixed by the
county council of each county of the second class. The county
executive of each county of the second class] eleven members.
The county executive of that county shall appoint [the] six
members of the board, one of whom shall at all times be a member
of the county council, the Governor and the majority and
minority leaders of the Senate and House of Representatives
shall each appoint one member of the board, all of whom shall be
residents of such county and citizens of the United States,
whose terms of office shall commence on the date of appointment,
one member shall serve for one year, one for two years, one for
three years, and one for four years, and one for five years,
from the first day of January next succeeding the date of
approval of this act, and terms of other members shall be
staggered in a similar manner but in no instance shall exceed
five years. Thereafter, whenever a vacancy has occurred or is
about to occur by reason of the expiration of the term of any
member, the [county executive] appointing official shall appoint
20110HB1304PN1955 - 4 -
a member for a term of five years to succeed the member whose
term has expired or is about to expire. Members shall hold
office until their successors have been appointed, and may
succeed themselves. A member shall receive such compensation for
his services as the county executive shall determine and shall
be entitled to the necessary expenses, including traveling
expenses incurred in the performance of his duties. Within
ninety days after the creation of the authority, the board shall
meet and organize by electing from their number a chairman, a
vice chairman, and such other officers as the board may
determine. The board may employ a secretary, an executive
director, its own counsel and legal staff and such technical
experts and other agents and employes, permanent or temporary,
as it may require, and may determine the qualifications and fix
the compensation of such persons. Six members of the board shall
constitute a quorum for its meetings. Members of the board shall
not be liable personally on the bonds or other obligations of
the authority, and the rights of creditors shall be solely
against [such] the authority. The board may delegate to one or
more of its agents or employes such of its powers as it shall
deem necessary to carry out the purposes of this act, subject
always to the supervision and control of the board. The board
shall have full authority to manage and operate the business of
the authority and to prescribe, amend and repeal by-laws, rules
and regulations governing the manner in which the business of
the authority may be conducted and the powers granted to it may
be exercised and embodied. Copies of such by-laws, rules and
regulations shall be filed with the county council of the county
[incorporating the authority]. A member may be removed for cause
by the court of common pleas of the county in which the
20110HB1304PN1955 - 5 -
authority is located after having been provided with a copy of
the charges against the member for at least ten days and a full
hearing by the court.
If a vacancy occurs by reason of the death, resignation or
removal of a member, the [county executive] appointing official
shall appoint a successor to fill the unexpired term.
Section 2. The following apply to members appointed to the
board under section 6 of the act:
(1) The appointments by the Governor and the Majority
Leader of the Senate shall be made within 60 days of the
effective date of this section.
(2) If the board has no more than six members on the
effective date of this section, the appointments by the
Majority Leader of the House of Representatives, the Minority
Leader of the Senate and the Minority Leader of the House of
Representatives shall be made within 60 days of the effective
date of this section.
(3) If the board has more than six members on the
effective date of this section, upon the next vacancies
occurring on the board, appointments to the board shall be
made in the following order:
(i) By the Majority Leader of the House of
Representatives.
(ii) By the Minority Leader of the Senate.
(iii) By the Minority Leader of the House of
Representatives.
Section 3. This act shall take effect in 60 days.
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