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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WAGNER, CALTAGIRONE, CARROLL, D. COSTA, GEORGE, GERGELY, GIBBONS, HORNAMAN, W. KELLER, KULA, LONGIETTI, MAHER, MAHONEY, PARKER, SANTONI, SEIP, K. SMITH, TURZAI, VULAKOVICH, WHEATLEY AND WHITE, JUNE 30, 2010 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 30, 2010 |
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| AN ACT |
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1 | Amending the act of April 6, 1956 (1955 P.L.1414, No.465), |
2 | entitled, as amended, "An act to promote the welfare of the |
3 | people of this Commonwealth; creating Port Authorities to |
4 | function in counties of the second class as bodies corporate |
5 | and politic, with power to plan, acquire, construct, maintain |
6 | and operate facilities and projects for the improvement and |
7 | development of the port district and to borrow money and |
8 | issue bonds therefor; providing for the payment of such bonds |
9 | and prescribing the rights of the holders thereof; conferring |
10 | the right of eminent domain on the authorities; authorizing |
11 | the authorities to enter into contracts with and to accept |
12 | grants from the Federal government or any agency thereof; and |
13 | conferring exclusive jurisdiction on certain courts over |
14 | rates and services; and authorizing the authorities to |
15 | collect tolls, fares, fees, rentals and charges for the use |
16 | of facilities; defining the authorities' powers and duties, |
17 | and defining the port districts; granting Port Authorities |
18 | the exclusive right to engage in the business of owning, |
19 | operating, and maintaining a transportation system for the |
20 | transportation of persons in counties of the second class, |
21 | providing, when necessary, for extension of transportation |
22 | systems into adjoining counties and outside of said counties |
23 | as provided in the act; limiting the jurisdiction of the |
24 | Public Utility Commission over Port Authorities; authorizing |
25 | municipalities to make loans and grants and to transfer |
26 | existing facilities; authorizing Port Authorities to enter |
27 | into contracts with and to accept grants from State and local |
28 | governments or agencies thereof; exempting the property and |
29 | facilities of such Port Authorities from taxation and |
30 | limiting the time to commence civil action against said |
31 | Authorities," further providing for board members. |
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1 | The General Assembly of the Commonwealth of Pennsylvania |
2 | hereby enacts as follows: |
3 | Section 1. Section 6 of the act of April 6, 1956 (1955 |
4 | P.L.1414, No.465), known as the Second Class County Port |
5 | Authority Act, amended June 18, 1999 (P.L.72, No.11), is amended |
6 | to read: |
7 | Section 6. (a) Subject to the provisions of section 6.1, |
8 | the powers of the authority shall be exercised by a board, |
9 | composed of the number of members, not more than nine, one of |
10 | whom shall at all times be a member of the county council |
11 | appointed by the county executive, as shall be fixed by the |
12 | county council of each county of the second class. The county |
13 | executive of each county of the second class shall also appoint |
14 | [the] three other members of the board, all of whom shall be |
15 | residents of such county and citizens of the United States, |
16 | whose terms of office shall commence on the date of appointment, |
17 | one member shall serve for one year, one for two years, one for |
18 | three years, and one for four years, and one for five years, |
19 | from the first day of January next succeeding the date of |
20 | approval of this act, and terms of other members shall be |
21 | staggered in a similar manner but in no instance shall exceed |
22 | five years. Thereafter, except as provided in subsection (b), |
23 | whenever a vacancy has occurred or is about to occur by reason |
24 | of the expiration of the term of any member, the county |
25 | executive shall appoint a member for a term of five years to |
26 | succeed the member whose term has expired or is about to expire. |
27 | (b) The Governor, the President pro tempore of the Senate, |
28 | the Minority Leader of the Senate, the Speaker of the House of |
29 | Representatives and the Minority Leader of the House of |
30 | Representatives shall each appoint one member to the nine-member |
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1 | board. Within forty-five days after the effective date of this |
2 | subsection, the county executive shall designate five current |
3 | members of the board, excepting the member representing county |
4 | council, to be replaced by the gubernatorial and legislative |
5 | appointees. On or after forty-five days after the effective date |
6 | of this subsection, whenever a vacancy occurs or is about to |
7 | occur by reason of the expiration of the term of a member, the |
8 | relevant appointing authority shall make an appointment for a |
9 | term of three years for a gubernatorial appointee and two years |
10 | for a legislative appointee to succeed the member whose term has |
11 | expired or is about to expire. All members appointed to the |
12 | board shall possess qualifications and skills related to the |
13 | operation of a transit authority. |
14 | (c) Members shall hold office until their successors have |
15 | been appointed, and may succeed themselves. A legislative member |
16 | shall not serve more than two consecutive full terms. A member |
17 | shall receive such compensation for his services as the county |
18 | executive shall determine and shall be entitled to the necessary |
19 | expenses, including traveling expenses incurred in the |
20 | performance of his duties. |
21 | (d) Within ninety days after the creation of the authority, |
22 | the board shall meet and organize by electing from their number |
23 | a chairman, a vice chairman, and such other officers as the |
24 | board may determine. The board may employ a secretary, an |
25 | executive director, its own counsel and legal staff and such |
26 | technical experts and other agents and employes, permanent or |
27 | temporary, as it may require, and may determine the |
28 | qualifications and fix the compensation of such persons. Six |
29 | members of the board shall constitute a quorum for its meetings. |
30 | Members of the board shall not be liable personally on the bonds |
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1 | or other obligations of the authority, and the rights of |
2 | creditors shall be solely against such authority. The board may |
3 | delegate to one or more of its agents or employes such of its |
4 | powers as it shall deem necessary to carry out the purposes of |
5 | this act, subject always to the supervision and control of the |
6 | board. The board shall have full authority to manage and operate |
7 | the business of the authority and to prescribe, amend and repeal |
8 | by-laws, rules and regulations governing the manner in which the |
9 | business of the authority may be conducted and the powers |
10 | granted to it may be exercised and embodied. Copies of such by- |
11 | laws, rules and regulations shall be filed with the county |
12 | council of the county incorporating the authority. A member may |
13 | be removed for cause by the court of common pleas of the county |
14 | in which the authority is located after having been provided |
15 | with a copy of the charges against the member for at least ten |
16 | days and a full hearing by the court. |
17 | If a vacancy occurs by reason of the death, resignation or |
18 | removal of a member, the [county executive] relevant appointing |
19 | authority shall appoint a successor to fill the unexpired term. |
20 | Section 2. This act shall take effect immediately. |
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