PRINTER'S NO. 2739
No. 2152 Session of 1980
INTRODUCED BY PITTS, RAPPAPORT, ROCKS, HOEFFEL, MICOZZIE,
NAHILL AND WHITE, JANUARY 22, 1980
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 22, 1980
AN ACT
1 Amending the act of August 14, 1963 (P.L.984, No.450), entitled
2 "An act to increase the commerce and prosperity of the people
3 of the Commonwealth, to improve their health and living
4 conditions, and to alleviate the problems created by traffic
5 congestion and the existence of inadequate mass
6 transportation facilities, by authorizing the creation of a
7 transportation authority to function in each metropolitan
8 area consisting of any county of the first class and all
9 nearby counties within a radius of twenty (20) miles of any
10 such first class county, as a body corporate and politic for
11 the purpose of establishing an integrated mass transportation
12 system with all pertinent powers including, but not limited
13 to, leasing, acquiring, owning, operating and maintaining a
14 system for, or otherwise providing for, the transportation of
15 persons, authorizing the borrowing of money and issuance of
16 bonds therefor, conferring the right of eminent domain on the
17 authority; altering the jurisdiction of the Public Utility
18 Commission, authorizing the acceptance of grants from
19 Federal, State and local governments, limiting actions
20 against the authority and exempting it from taxation,
21 authorizing counties and municipalities to enter into
22 compacts for the financing of each authority and to make
23 appropriations in accordance with such compacts, conferring
24 exclusive jurisdiction upon certain courts with respect to
25 matters relating to such authority, and empowering each
26 authority to function outside of the metropolitan area under
27 certain terms and conditions," further providing for and
28 adding definitions, further providing for the rights and
29 powers of authorities and public hearings, establishing a
30 citizen advisory committee, further providing for the
31 transportation board and its powers and duties, further
32 providing for the duties and powers of certain officers and
33 employees and the classification of certain officers and
1 employees, further providing for contracts, sales, purchases
2 and concessions, further providing for compacts, imposing a
3 requirement to submit a reorganization plan and providing
4 sanctions for failure to submit a reorganization plan.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Clause (2) of subsection (a) of section 3, act of
8 August 14, 1963 (P.L.984, No.450), known as the "Metropolitan
9 Transportation Authorities Act of 1963," is amended and the
10 subsection is amended by adding a clause to read:
11 Section 3. Definitions.--
12 (a) The following terms, whenever used or referred to in
13 this act, shall have the following meanings, except in those
14 instances where the context clearly indicates otherwise:
15 * * *
16 (2) "Board" shall mean the governing [and administrative]
17 and policymaking body of an authority.
18 * * *
19 (16) "Comprehensive transit plan" shall mean a comprehensive
20 statement, consisting of maps, charts and textual matter, of the
21 authority's policies, strategies and objectives for the
22 development of the transit system consistent with the
23 legislative findings and declared policy of this act and the
24 rights, powers and duties of the authority.
25 * * *
26 Section 2. Clause (9) of subsection (d) of section 4 of the
27 act, repealed in part April 28, 1978 (P.L.202, No.53), is
28 amended and the subsection is amended by adding a clause to
29 read:
30 Section 4. Creation of Transportation Authorities; Rights
31 and Powers.--
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1 * * *
2 (d) A duly certified authority shall have and may exercise
3 all powers necessary or convenient for the carrying out of the
4 aforesaid purposes, including but without limiting the
5 generality of the foregoing, the following rights or powers:
6 * * *
7 (9) To fix, alter, charge and collect fares, rates, rentals
8 and other charges for its facilities by zones or otherwise at
9 reasonable rates to be determined exclusively by it, subject to
10 appeal, as hereinafter provided, for the purpose of providing
11 for the payment of all expenses and obligations of the
12 authority, including the acquisition, construction, improvement,
13 repair, maintenance and operation of its facilities and
14 properties, the payment of the principal and interest on its
15 obligations, and to comply fully with the terms and provisions
16 of any agreements made with the purchasers or holders of any
17 such obligations. The authority shall determine by itself
18 exclusively, after [appropriate] a public hearing, notice of
19 which shall be published in two newspapers of general
20 circulation and a publication specifically designed to reach
21 minorities not fewer than thirty (30) calendar days prior to
22 such hearing, the facilities to be operated by it, the services
23 to be available to the public, and the rates to be charged
24 therefor. Any person aggrieved by any rate or service or change
25 of service fixed by the authority may bring an appeal against
26 the authority in the court of common pleas of any county in the
27 metropolitan area in which the charge, service or change of
28 service shall be applicable, for the purpose of protesting
29 against any such charge, service or change of service: Provided,
30 however, That the grounds for such suits shall be restricted to
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1 a manifest and flagrant abuse of discretion or an error of law;
2 otherwise, all such actions by the authority shall be final.
3 Upon the finding of an error of law or a manifest and flagrant
4 abuse of discretion, the court shall issue an order setting
5 forth the abuse or error and returning the matter to the
6 authority for such further action as shall be not inconsistent
7 with the findings of the court. No appeal from the action of the
8 authority or from the decision of the court of common pleas
9 shall act as a supersedeas, except when taken by the authority
10 or any county or municipality, or, in other cases, when
11 specially granted after a finding that irreparable and
12 extraordinary harm will result. The courts shall give priority
13 to all such appeals and no bond shall be required of any party
14 instituting such an appeal under the provisions of this section.
15 * * *
16 (30) To adopt consistent with the policies of this act and
17 from time to time amend a comprehensive transit plan: Provided,
18 however, That a public hearing shall be conducted prior to
19 adoption or amendment. Notice of such public hearing shall be
20 published in two newspapers of general circulation and a
21 publication specifically designed to reach minorities not fewer
22 than thirty (30) days prior to such hearing.
23 Section 3. The act is amended by adding sections to read:
24 Section 4.1. Public Hearings.--
25 All public hearings required by this act shall be conducted
26 so as to insure that:
27 (1) members of the public are afforded a reasonable
28 opportunity to comment orally or in writing or both orally and
29 in writing concerning actions the authority proposes to take;
30 (2) the site of the hearing is a convenient, accessible
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1 location;
2 (3) members of the public are adequately informed at the
3 outset regarding the purposes of the hearing and the matters on
4 the agenda; and
5 (4) reasonable and legitimate questions from members of the
6 public are answered.
7 Section 4.2. Citizen Advisory Committee.--
8 (a) There is hereby established a Citizen Advisory
9 Committee. The committee shall consist of:
10 (1) An even number of members of the general public not
11 fewer than fourteen (14) and not greater than twenty-four (24)
12 (the exact number to be determined by the chief operations
13 officer) who shall be appointed by the county commissioners of
14 Bucks, Chester and Delaware Counties, the County Council of
15 Montgomery County and the Mayor of the City of Philadelphia from
16 residents of their respective municipalities who are regular
17 users of mass transportation service; and
18 (2) Five (5) members of the general public, one resident
19 from each of the counties of Bucks, Chester, Delaware and
20 Montgomery and one resident from the City of Philadelphia who
21 are regular users of mass transportation service who shall be
22 appointed by the chief operations officer.
23 (b) The composition of the committee shall reflect the
24 proportionate distribution of total ridership among the City of
25 Philadelphia and the counties of Bucks, Chester, Delaware and
26 Montgomery. The terms of the members shall be two years from the
27 date of appointment or until a successor has been appointed
28 except that one-half of the members first appointed shall serve
29 for terms of one (1) year and the other one-half shall serve for
30 terms of two (2) years. No member shall serve more than three
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1 consecutive terms. The committee shall select from among their
2 number a chairman, vice-chairman and a secretary. A majority of
3 the members of the committee plus one shall constitute a quorum.
4 (c) The chief operations officer shall submit to the
5 committee proposals regarding the adoption or amendment of a
6 comprehensive transit plan, the annual operating budget, any
7 capital budget, any changes in the level of service or fares or
8 other matters of a similar nature prior to any final action
9 relating to any of the foregoing. The committee may thoroughly
10 consider such proposals and may prepare and transmit to the
11 chief operations officer and to any interested member of the
12 public written comments concerning the proposals prior to the
13 date when final action is to be taken.
14 (d) Although the chief operations officer shall give careful
15 and due consideration to the committee's comments prior to the
16 taking of any final action, such comments shall be considered
17 only advisory in nature.
18 Section 4. Sections 15 and 19 of the act are amended to
19 read:
20 Section 15. [Administrative Board] Governing and
21 Policymaking Body; Policy Matters.--
22 (a) The governing and [administrative] policymaking body of
23 the authority shall be a board, to be known as the
24 transportation board of the metropolitan area, consisting of
25 members to be appointed as hereinafter provided, who, except for
26 the appointee of the Governor, must be residents of the
27 metropolitan area. No board member shall be allowed any fees,
28 perquisites or emoluments, reward or compensation for his
29 services as a member or officer of the authority, but he shall
30 be reimbursed for actual expenses incurred by him in the
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1 performance of his duties.
2 (b) The board shall not involve itself in the day-to-day
3 administration of the authority's business. It shall limit its
4 exercise of powers to such areas of discretion or policy as the
5 functions and programs of the authority, the authority's
6 operating and capital budgets, the authority's standard of
7 services, utilization of technology, the organizational
8 structure and subject to the provisions of this act the
9 selection of personnel and the establishment of salaries for
10 such personnel.
11 Section 19. Secretary, [Treasurer,] Oath, Bond.--
12 The board shall appoint a secretary [and a treasurer, neither
13 of whom shall] who shall not be a member of the board, to hold
14 office during the pleasure of the board, and shall fix [their]
15 such person's duties and compensation. The secretary shall not
16 be engaged in any other business or employment during his or her
17 tenure of office as secretary of the board. Before entering upon
18 the duties of [their respective offices, they] his or her office
19 he or she shall take and subscribe the constitutional oath of
20 office. [The treasurer and such other officers] Officers and
21 employees of the authority, and such members of the board as the
22 board may determine, shall execute corporate surety bonds,
23 conditioned upon the faithful performance of their respective
24 duties. A blanket form of surety bond may be used for this
25 purpose if the board deems such procedure to be practical and
26 prudent. The obligation of the sureties shall not extend to any
27 loss sustained by the insolvency, failure or closing of any
28 national or state bank wherein [the treasurer has deposited]
29 funds of the authority have been deposited if the bank has been
30 approved by the board as a depository for these funds. The oaths
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1 of office and the surety bond or bonds shall be filed in the
2 principal office of the authority.
3 Section 5. The act is amended by adding sections to read:
4 Section 19.1. Controller.--
5 The board shall appoint a controller, who shall not be a
6 member of the board, to hold office during the pleasure of the
7 board and shall fix his or her compensation. The controller
8 shall conduct a monthly examination of the books, accounts,
9 documents and papers of the authority and report the results of
10 his or her investigation to the board and the chief operations
11 officer. The controller shall submit an annual report of the
12 authority's financial condition which shall be in addition to
13 any other financial report required by this act to the board and
14 the chief operations officer. The controller shall execute a
15 corporate surety bond and shall take and subscribe the oath of
16 office provided in section 19.
17 Section 19.2. Treasurer.--
18 The chief operations officer shall appoint a treasurer to
19 hold office at his or her pleasure. In addition to the duties
20 imposed on the treasurer by this act, the treasurer shall
21 perform such other duties as the chief operations officer shall
22 prescribe. The treasurer shall execute a corporate surety bond
23 and shall take and subscribe the oath of office prescribed in
24 section 19.
25 Section 6. Subsections (a) of section 20 and sections 22 and
26 23 of the act are amended to read:
27 Section 20. Deposit of Funds, Checks and Drafts; Security
28 Collateral.--
29 (a) All funds deposited by the treasurer in any bank shall
30 be placed in the name of the authority and shall be withdrawn or
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1 paid out only by check or draft upon the bank signed by the
2 treasurer and countersigned by the chairman of the board. The
3 board may designate any of its members of any officer or
4 employee of the authority to affix the signature of the chairman
5 [and another to affix the signature of the treasurer] to any
6 check or draft for payment of salaries or wages and for the
7 payment of any other obligation of not more than [$2,500.00]
8 $100,000.00
9 * * *
10 Section 22. [General Manager] Chief Operations Officer.--
11 The board, before engaging in transportation operations,
12 shall appoint a [general manager] chief operations officer, who
13 shall have demonstrated that he or she is competent and
14 experienced in the area of transit management, and shall fix his
15 or her compensation. The [general manager shall have management
16 of the properties and business of the authority and the
17 employees thereof, subject to the general control of the board;
18 shall direct the enforcement of all resolutions, rules and
19 regulations of the board and shall perform such other duties as
20 may be prescribed from time to time by the board. With the
21 approval of the board, he shall appoint such officers and
22 employees to be under the general manager as the board shall
23 determine] chief operations officer shall have the power and it
24 shall be his or her duty to:
25 (1) Manage the properties of the authority.
26 (2) Attend to the day-to-day administration, fiscal
27 management and operation of the authority's business.
28 (3) Appoint such employees as he or she deems necessary to
29 conduct the affairs of his or her office, subject to the
30 provisions of this act.
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1 (4) Implement and enforce all resolutions, rules and
2 regulations of the board.
3 (5) Submit to the board according to a schedule established
4 by it periodic reports showing the overall state or condition of
5 the transit system according to established industry performance
6 standards. Such reports shall be considered public records.
7 (6) Implement policies established by the board.
8 Section 23. [Legal Division:] Counsel to the Board.--
9 [(a)] The board, [before engaging in transporation
10 operations, shall establish a legal division which shall be
11 administered by] shall appoint a [chief] counsel to the board,
12 who shall be an attorney-at-law admitted to practice before the
13 Supreme Court of the Commonwealth, and who shall be appointed by
14 the board to serve at its discretion. The board shall pay to the
15 counsel to the board reasonable compensation for service
16 actually performed. [The legal division, in addition to the
17 chief counsel, shall consist of such attorneys and other
18 employees as the board from time to time shall determine to be
19 necessary, and who shall be appointed by the chief counsel, with
20 the approval of the board. The legal division shall administer
21 the legal affairs of the board, shall prosecute and defend,
22 settle or compromise all suits or claims for and on behalf of
23 the authority, and] The counsel to the board shall advise the
24 board [and its officers] in all matters relating to [their] its
25 official duties and shall notwithstanding any other provision of
26 this act approve all matters relating to bonds and indentures.
27 [(b) The chief counsel may, from time to time, with the
28 approval of the board, retain such other legal counsel on such
29 terms and for such purposes as shall be deemed by the board to
30 be necessary or desirable. Nothing in this section or in the
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1 preceding section shall be construed so as to limit the power of
2 the legal or other officers of the counties and municipalities
3 comprising the metropolitan area to act in behalf of the board
4 in their official capacities when requested so to do by
5 resolution of the board.]
6 Section 7. The act is amended by adding a section to read:
7 Section 23.1. Legal Division: General Counsel.--
8 (a) The chief operations officer shall establish a legal
9 division which shall be administered by a full time general
10 counsel who shall be an attorney-at-law admitted to practice
11 before the Supreme Court of Pennsylvania and who shall be
12 appointed by the chief operations officer to serve at his
13 pleasure. The legal division, in addition to the general
14 counsel, shall consist of such attorneys and other employees as
15 the general counsel from time to time shall determine to be
16 necessary, and who shall be appointed by the chief operations
17 officer. Except as provided in section 23 the legal division
18 shall administer the legal affairs of the authority, shall
19 prosecute and defend, settle or compromise all suits or claims
20 for and on behalf of the authority, and shall advise the chief
21 operations officer in all matters relating to his or her
22 official duties.
23 (b) The general counsel may, from time to time, with the
24 approval of the chief operations officer, retain such other
25 legal counsel on such terms and for such purposes as shall be
26 deemed by the chief operations officer to be necessary or in
27 cases where the needs of the authority would be better served.
28 Nothing in this section or in the preceding section shall be
29 construed so as to limit the power of the legal or other
30 officers of the counties and municipalities comprising the
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1 metropolitan area to act in behalf of the chief operations
2 officer in their official capacities when requested so to do by
3 the chief operations officer.
4 Section 8. Section 24, subsections (a) and (b) of section
5 25, subsection (a) of section 27 and sections 28 and 30 of the
6 act, section 24 amended July 27, 1973 (P.L.240, No.66) and
7 subsection (f) of section 28 amended February 2, 1966 (1965
8 P.L.1862, No.587) are amended to read:
9 Section 24. Other Employees.--
10 [The board shall provide for the employment of such other
11 officers, agents, consultants, engineers and employees as may be
12 necessary for the performance of the work of the authority.] The
13 board acting through the chief operations officer shall have the
14 right to bargain collectively and enter into agreements with
15 labor organizations. The board acting through the chief
16 operations officer shall recognize and be bound by existing
17 labor union agreements where they exist between labor unions and
18 transportation companies that are acquired, purchased, condemned
19 or leased by the board. It shall designate their duties and
20 require bonds of such of them as the board may designate. The
21 compensation of the [general manager, chief counsel] chief
22 operations officer, counsel to the board, secretary and
23 [comptroller chief engineer and all other officers, attorneys,
24 consultants, agents and employees] controller shall be fixed by
25 the board. For all other officers, employees, attorneys,
26 engineers, consultants and agents the board shall establish
27 salary scales. The chief operations officer shall establish
28 within such salary scales compensation levels based upon written
29 appraisals of performance for all employees under his control.
30 The secretary and the controller shall establish within such
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1 salary scales compensation levels based upon written appraisals
2 of performance for all employees in their respective offices.
3 With the exception of the secretary, any of the foregoing may be
4 appointed, retained, hired or employed on a part-time basis and
5 maybe engaged in other business or professional activities.
6 Provided, That no salaried executive officer of the authority
7 shall hold any other office in or be an employee of the Federal,
8 State or any county or municipal government except an office or
9 employment without compensation or an office in the Military
10 Reserve or National Guard.
11 Section 25. Classification of Positions and Employments;
12 Discharge or Demotion of Officers or Employees; Hearings;
13 Seniority; Pensions and Retirement.--
14 (a) The [board] chief operations officer shall classify all
15 the offices, positions and grades of regular employment
16 required, excepting that of the chairman of the board, [the
17 general manager,] secretary, [treasurer, chief counsel] counsel
18 to the board and [other attorneys in the legal division]
19 controller, with reference to the duties thereof and the
20 compensation fixed therefor and adopt rules governing
21 appointments to any of such offices or positions on the basis of
22 merit and efficiency. No discrimination shall be made in any
23 appointment or promotion because of race, creed, color or
24 political or religious affiliations. No officer or employee
25 shall be discharged or demoted except for just cause.
26 (b) The [board] chief operations officer may abolish any
27 office or reduce the force of employees for lack of work or lack
28 of funds, but in so doing, the officer or employee with the
29 shortest service record in the class and grade to which he
30 belongs shall be first released from service and shall be
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1 reinstated in order of seniority, when additional force of
2 employees is required. Seniority shall be considered a working
3 condition. No qualified person shall be laid off if a transfer
4 to another job, division or department within the transportation
5 system can be arranged.
6 * * *
7 Section 27. Compacts to Finance Operations and Particular
8 Projects.--
9 (a) The counties and municipalities in any metropolitan area
10 shall [be and they are hereby authorized to] enter into a
11 compact or compacts among themselves and/or with the authority
12 to provide for meeting the authority's capital or operating
13 budget by appropriations, annual or otherwise, of such sums and
14 in such proportions as may be agreed upon in such compact to be
15 paid by each signatory party thereto. The obligation incurred
16 thereby shall be for the term as set forth in the compact
17 without regard to the provisions of any law, ordinance or
18 regulation to the contrary, and shall constitute a commitment
19 and obligation, binding and absolute, on the part of each such
20 signatory party, to appropriate and pay over the necessary funds
21 in accordance therewith. The said operating budget shall include
22 all sums of money necessary for the formation and organization
23 of any authority and all items of operating expenses in
24 connection with said authority, as well as necessary funds for
25 planning and research appropriate and consistent with the
26 purport of this act and any compact entered into pursuant to
27 this act.
28 * * *
29 Section 28. Contracts, Procurement and Sale of Property;
30 Concessions; Advertisement; Bidding.--
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1 (a) Except in the purchase of unique articles or articles
2 which, for any other reason, cannot be obtained in the open
3 market and except as hereinafter provided, competitive bids
4 shall be secured before any purchase or sale, by contract or
5 otherwise is made or before any contract is awarded for
6 construction, alterations, supplies, equipment, repairs or
7 maintenance or for rendering any services to the authority other
8 than professional services; and the purchase shall be made from
9 or the contract shall be awarded to the lowest responsible
10 bidder; or a sale to the highest responsible bidder. No purchase
11 of any unique article or other articles which cannot be obtained
12 in the open market shall be made without express approval of the
13 board where the amount involved is in excess of [$5,000.00]
14 $10,000.00.
15 (b) Purchases and Sales Over [$5,000.00] $10,000.00.
16 All purchases and sales in excess of [$5,000.00] $10,000.00
17 shall be awarded after advertising in a local newspaper of
18 general circulation in the metropolitan area at least two weeks
19 prior to the bid opening. Bids shall be publicly opened and read
20 aloud at a date, time, and place designated in the invitation to
21 bid. Invitations to bid shall be sent at least one week prior to
22 the bid opening to at least three potential bidders who are
23 qualified technically and financially to submit bids, or in lieu
24 thereof a memorandum shall be kept on file showing that less
25 than three potential bidders so qualified exist in the market
26 area within which it is practicable to obtain bids.
27 (c) Purchases and Sales Under [$5,000.00] $10,000.00 and
28 Over [$1,000.00] $2,500.00.
29 Written price quotations from at least three qualified and
30 responsible vendors shall be obtained for all purchases and
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1 sales under [$5,000.00] $10,000.00 and over [$1,000.00]
2 $2,500.00, or in lieu thereof, a memorandum, approved by the
3 [board] chief operations officer, shall be kept on file showing
4 that less than three vendors so qualified exist in the market
5 area within which it is practicable to obtain quotations; except
6 as hereinafter provided.
7 (d) Purchases and Sales Under [$1,000.00] $2,500.00.
8 Purchases or sales under [$1,000.00] $2,500.00 may be
9 negotiated with or without competitive bidding under sound
10 procurement procedures as promulgated and established by the
11 [board] chief operations officer.
12 (e) Emergency Purchase.
13 Competitive bidding requirements may be waivered if it is
14 determined by the [general manager] chief operations officer, or
15 in such other manner as the board may, by regulation, provide,
16 that an emergency directly and immediately affecting customer
17 service, or public health, safety or welfare requires immediate
18 delivery of supplies, materials, equipment or services:
19 Provided, however, That a record of circumstances explaining the
20 emergency shall be submitted to the board at its next regular
21 meeting and thereafter kept on file.
22 (f) Concessions.
23 All concessions granted by the authority for the sale of
24 products or the rendition of services for a consideration on
25 authority property shall be awarded only pursuant to written
26 specifications after competitive bidding and to the highest
27 responsible bidder in a manner similar to that required by the
28 preceding paragraph relating to contracts for procurement
29 involving an expenditure of more than [$5,000.00] $10,000.00:
30 Provided, That the foregoing requirement for competitive bidding
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1 shall not apply to any concession which has been granted by a
2 transportation system acquired by the authority and which by the
3 terms of the agreement granting it will terminate within one
4 year from date of the acquisition of the transportation system
5 by the authority, nor to any concession involving the estimated
6 receipt by the authority of less than [$1,000.00] $2,500.00 over
7 the period for which the concession is granted.
8 (g) Sale or Lease of Authority-Owned Property.
9 Contracts for the sale or lease of real property owned by the
10 authority shall be awarded after competitive bidding as shown in
11 paragraph (b) "Purchases and Sales Over [$5,000.00] $10,000.00,"
12 except where contract is entered into with the Commonwealth or
13 any political subdivision or agency or instrumentality thereof
14 or with the United States government or any agency or
15 instrumentality thereof.
16 (h) Negotiated Contracts.
17 Contracts for the management of authority-owned property,
18 such as bus routes or subway systems may be negotiated and
19 awarded by an affirmative vote of one more than a majority of
20 all members of the board.
21 (j) Fragmentation of Requirements to Avoid Public Bidding.
22 Requirements shall not be split into parts for the purpose of
23 avoiding the provisions of this section.
24 (k) Rejection of Bids.
25 The authority shall have the right to reject any or all bids
26 or parts of any or all bids, whenever, in the opinion of the
27 board, such rejection is necessary for the protection of the
28 interests of the authority. In every such case, a record shall
29 be made, setting forth the reason for such rejection, which
30 record shall thereafter be kept on file.
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1 (l) Board Rules.
2 The board shall adopt rules and regulations to effectuate the
3 provisions of this section.
4 Section 30. Fiscal Operating Year; Budget; Capital
5 Program.--
6 (a) The board shall establish a fiscal operating year. At
7 least ninety days prior to the beginning of the first full
8 fiscal year after the creation of the authority and, annually
9 thereafter, the board shall cause to be prepared and submitted
10 to it a tentative operating budget and a tentative capital
11 budget for the ensuing fiscal year. The tentative budgets shall
12 be considered by the board and, subject to any revision and
13 amendments as may be determined, shall be adopted at least
14 thirty days prior to the first day of the ensuing fiscal year as
15 the budgets for that year. The board shall establish such rules
16 as are necessary for proper observance of the budgets.
17 Simultaneously with the adoption of the budget, the board shall
18 adopt a tentative capital program covering the ensuing six
19 years.
20 (b) A public hearing shall be conducted prior to the
21 adoption of the final operating budget and tentative capital
22 program. Notice of such public hearing shall be published in two
23 newspapers of general circulation and a publication specifically
24 designed to reach minorities not fewer than thirty (30) days
25 prior to such hearing.
26 Section 9. (a) The governing bodies of all counties of the
27 third class and second class A which are involved with any city
28 of the first class in the operation of a mass transportation
29 system together with the mayor of any city of the first class in
30 consultation with the Governor shall submit to the Governor and
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1 the General Assembly a plan for the reorganization of any
2 transportation authority created pursuant to the act of August
3 14, 1963 (P.L.984, No.450), known as the "Metropolitan
4 Transportation Authorities Act of 1963," prior to June 30, 1980.
5 The reorganization plan shall contain a discussion of and
6 recommendations concerning the following:
7 (1) the veto power invested in the transportation board;
8 (2) the difficulties occasioned by dual ownership of real
9 and personal property by such authority and any city of the
10 first class.
11 (3) the problems precipitated by the composition and
12 structure of the transportation board; and
13 (4) any other issue reasonably related to the foregoing.
14 (b) If the reorganization plan is not submitted in
15 accordance with subsection (a) no authority created pursuant to
16 the "Metropolitan Transportation Authorities Act of 1963" shall
17 be eligible to receive any State funds for fiscal year 1980-
18 1981.
19 Section 10. The transportation board of any authority
20 created pursuant to the "Metropolitan Transportation Authorities
21 Act of 1963," shall appoint a new counsel to the board and
22 controller prior to June 30, 1980.
23 Section 11. This act shall take effect immediately.
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