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        PRIOR PRINTER'S NO. 1144                      PRINTER'S NO. 2131

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 984 Session of 2007


        INTRODUCED BY PETRONE, BENNINGTON, BOYD, CALTAGIRONE, CASORIO,
           COSTA, DALEY, DeLUCA, FRANKEL, GIBBONS, GRUCELA, HENNESSEY,
           KENNEY, KOTIK, KULA, MICOZZIE, PALLONE, RAMALEY, READSHAW,
           SIPTROTH, SOLOBAY, STABACK, SURRA, J. TAYLOR, WALKO,
           WHEATLEY, J. WHITE, YOUNGBLOOD AND MURT, MARCH 29, 2007

        AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 27, 2007

                                     AN ACT

     1  Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
     2     as amended, "An act relating to counties of the second class
     3     and second class A; amending, revising, consolidating and
     4     changing the laws relating thereto," further providing, in
     5     Allegheny Regional Asset District, for governing board and
     6     for capital budget.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 3111-B(a) of the act of July 28, 1953      <--
    10  (P.L.723, No.230), known as the Second Class County Code, added
    11  December 22, 1993 (P.L.529, No.77), is amended to read:
    12     SECTION 1.  SECTION 3111-B(A), (B) AND (D) OF THE ACT OF JULY  <--
    13  28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS COUNTY
    14  CODE, ADDED DECEMBER 22, 1993 (P.L.529, NO.77), ARE AMENDED TO
    15  READ:
    16     Section 3111-B.  Governing Board.--(a)  The powers and duties
    17  of the district shall be exercised by a board that reflects the
    18  racial and ethnic diversity of the county and composed of the

     1  following members:
     2     (1)  Four members nominated by the county executive and        <--
     3  appointed by the [governing body of the county] COUNTY EXECUTIVE  <--
     4  who shall serve at the pleasure of the governing body of the      <--
     5  county. [and who AT THE PLEASURE OF THE [GOVERNING BODY OF THE    <--
     6  COUNTY AND WHO shall be selected in the following manner:
     7     (i)  Two members who shall be selected from nominations made
     8  by the chairman of the board of county commissioners.
     9     (ii)  Two members who shall be selected from lists of
    10  nominees submitted by the members of the board of county
    11  commissioners other than the chairman. A separate list
    12  containing at least three nominees shall be submitted by each of
    13  the members of the board of county commissioners other than the
    14  chairman. One member of the board of the district shall be
    15  selected from each list of nominees.] COUNTY EXECUTIVE.           <--
    16     (2)  Two members appointed by the mayor of the city who shall
    17  serve at the pleasure of the mayor.
    18     (3)  One member appointed by the vote of at least five of the
    19  members appointed pursuant to paragraphs (1) and (2) from a list
    20  of nominees provided by regional economic and community
    21  development organizations.
    22     (4)  One [nonvoting] member appointed by the Governor who
    23  shall serve at the pleasure of the Governor.
    24     (5)  One member appointed by each of the following
    25  legislative caucus leaders who shall serve at the pleasure of
    26  the respective appointing authority with each such member being
    27  referred to as a "legislative appointee":
    28     (i)  The President pro tempore of the Senate.
    29     (ii)  The Minority Leader of the Senate.
    30     (iii)  The Speaker of the House of Representatives.
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     1     (iv)  The Minority Leader of the House of Representatives.
     2  The term of a legislative appointee shall coincide with the term
     3  of the appointing authority.
     4     * * *                                                          <--
     5     (6)  ONE MEMBER APPOINTED BY A MAJORITY OF THE OTHER MEMBERS   <--
     6  APPOINTED UNDER PARAGRAPHS (1), (2), (3), (4) AND (5) WHO IS AN
     7  ELECTED OFFICIAL OF A MUNICIPALITY WITHIN THE COUNTY, OTHER THAN
     8  THE COUNTY OR CITY.
     9     (B)  THE TERM OF OFFICE OF MEMBERS OF THE BOARD APPOINTED
    10  UNDER SUBSECTION (A)(1) [AND (2)], (2) AND (5) SHALL BE
    11  COINCIDENT WITH THE TERM OF OFFICE OF THE APPOINTING AUTHORITY
    12  OF THE MEMBERS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND
    13  QUALIFIED. THE TERM OF OFFICE OF MEMBERS OF THE BOARD APPOINTED
    14  UNDER SUBSECTION (A)(3) AND (6) SHALL BE FOR A TERM OF TWO YEARS
    15  AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED. A PERSON
    16  APPOINTED TO THE BOARD WHEN A VACANCY OCCURS DURING THE TERM OF
    17  OFFICE OF A MEMBER OF THE BOARD SHALL SERVE FOR THE REMAINDER OF
    18  THE TERM.
    19     * * *
    20     (D)  THE BOARD SHALL MEET AS FREQUENTLY AS IT DEEMS
    21  APPROPRIATE BUT AT LEAST ONCE DURING EACH QUARTER OF THE FISCAL
    22  YEAR. IN ADDITION, A MEETING OF THE BOARD SHALL BE CALLED BY THE
    23  CHAIRMAN IF A REQUEST FOR A MEETING IS SUBMITTED TO THE CHAIRMAN
    24  BY AT LEAST TWO MEMBERS OF THE BOARD. A MAJORITY OF THE MEMBERS
    25  APPOINTED TO THE BOARD SHALL CONSTITUTE A QUORUM FOR THE PURPOSE
    26  OF CONDUCTING THE BUSINESS OF THE BOARD AND FOR ALL OTHER
    27  PURPOSES, EXCEPT THAT, FOR THE PURPOSES OF MAKING DECISIONS
    28  REGARDING PERSONNEL MATTERS, CONTRACTS AND CAPITAL AND OPERATING
    29  BUDGETS AND DECIDING WHETHER TO ENTER INTO COOPERATION AND
    30  SUPPORT AGREEMENTS WITH REGIONAL ASSETS NOT INCLUDED WITHIN THE
    20070H0984B2131                  - 3 -     

     1  DISTRICT'S INITIAL FINANCIAL PLAN, AN AFFIRMATIVE VOTE OF AT
     2  LEAST [SIX] EIGHT MEMBERS OF THE BOARD SHALL BE REQUIRED. THE
     3  ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE
     4  ACT," SHALL APPLY TO THE BOARD.
     5     Section 2.  Section 3115-B of the act is amended by adding a
     6  subsection to read:
     7     Section 3115-B.  Capital Budget.--* * *
     8     (b.1)  An annual appropriation of two per centum (2%) of the
     9  funds made available to the district from sales and use taxes
    10  levied within the county shall be provided to the official
    11  tourist promotion agency of the county for the purpose of
    12  carrying out the functions of the agency.
    13     * * *
    14     Section 3.  This act shall take effect in 60 days.











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