PRINTER'S NO. 1381
No. 1100 Session of 2001
INTRODUCED BY THOMPSON, ROBBINS, O'PAKE, MUSTO, M. WHITE,
LEMMOND, GERLACH AND WOZNIAK, OCTOBER 9, 2001
REFERRED TO LOCAL GOVERNMENT, OCTOBER 9, 2001
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, further providing for governing body
3 of municipal authorities.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5610 of Title 53 of the Pennsylvania
7 Consolidated Statutes, added June 19, 2001 (P.L.287, No.22), is
8 amended to read:
9 § 5610. Governing body.
10 (a) Board.--The powers of each authority shall be exercised
11 by a board composed as follows:
12 (1) If the authority is incorporated by one
13 municipality, the board shall consist of a number of members,
14 not less than five, as enumerated in the articles of
15 incorporation. The governing body of the municipality shall
16 appoint the members of the board, whose terms of office shall
17 commence on the date of appointment. One member shall serve
18 for one year, one for two years, one for three years, one for
1 four years and one for five years commencing with the first
2 Monday in January next succeeding the date of incorporation
3 or amendment. If there are more than five members of the
4 board, their terms shall be staggered in a similar manner for
5 terms of one to five years from the first Monday in January
6 next succeeding. Thereafter, whenever a vacancy has occurred
7 by reason of the expiration of the term of any member, the
8 governing body shall appoint a member of the board for a term
9 of five years from the date of expiration of the prior term
10 to succeed the member whose term has expired.
11 (2) If the authority is incorporated by two or more
12 municipalities, the board shall consist of a number of
13 members at least equal to the number of municipalities
14 incorporating the authority, but in no event less than five.
15 When one or more additional municipalities join an existing
16 authority, each of the joining municipalities shall have
17 similar membership on the board as the municipalities then
18 members of the authority and the joining municipalities may
19 determine by appropriate resolutions. The members of the
20 board of a joint authority shall each be appointed by the
21 governing body of the incorporating or joining municipality
22 he represents, and their terms of office shall commence on
23 the date of appointment. One member shall serve for one year,
24 one for two years, one for three years, one for four years
25 and one for five years from the first Monday in January next
26 succeeding the date of incorporation, amendment or joinder,
27 and if there are more than five members of the board, their
28 terms shall be staggered in a similar manner for terms of
29 from one to five years commencing with the first Monday in
30 January next succeeding. Thereafter, whenever a vacancy has
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1 occurred by reason of the expiration of the term of any
2 member, the governing body of the municipality which has the
3 power of appointment shall appoint a member of the board for
4 a term of five years from the date of expiration of the prior
5 term.
6 (b) Residency.--
7 (1) Except as provided for in paragraph (2) and
8 subsection (c), the members of the board, each of whom shall
9 be a resident of the municipality by which he is appointed,
10 shall be appointed, their terms fixed and staggered and
11 vacancies filled pursuant to the articles of incorporation or
12 the application of membership under section 5604 (relating to
13 municipalities withdrawing from and joining in joint
14 authorities). Where two or more municipalities are members of
15 the authority, they shall be apportioned pursuant to the
16 articles of incorporation or the application for membership
17 under section 5604. Except for special service districts
18 located in whole or in part in cities of the first class, a
19 majority of an authority's board members shall be citizens
20 residing in the incorporating municipality or incorporating
21 municipalities of the authority.
22 (2) Each member of the board of a business improvement
23 district authority that was established by a borough pursuant
24 to the act of May 2, 1945 (P.L.382, No.164), known as the
25 Municipality Authorities Act of 1945, on or before the
26 effective date of this paragraph shall be a taxpayer in,
27 maintain a business in or be a citizen of the borough by
28 which that member is appointed.
29 (c) Grade crossings.--If the authority is created for the
30 purpose of eliminating grade crossings, the members of the
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1 board, the majority of whom shall be citizens of the
2 municipality by which they are appointed or of a municipality
3 into which one or more of the projects of the authority extends
4 or is to extend or to which one or more of the projects has been
5 or is to be leased, shall be appointed, their terms fixed and
6 staggered and vacancies filled pursuant to the articles of
7 incorporation or the application of membership under section
8 5604. Where two or more municipalities are members of the
9 authority, they shall be apportioned pursuant to the articles of
10 incorporation or the application for membership under section
11 5604.
12 (d) Successor.--Members shall hold office until their
13 successors have been appointed and may succeed themselves and,
14 except members of the boards of authorities organized or created
15 by a school district, shall receive such salaries as may be
16 determined by the governing body of the municipality, but no
17 salaries shall be increased or diminished by a governing body
18 during the term for which the member shall have been appointed.
19 Members of the board of any authority organized or created by a
20 school district shall receive no compensation for their
21 services. A member may be removed for cause by the court of
22 common pleas of the county in which the authority is located
23 after having been provided with a copy of the charges against
24 him for at least ten days and after having been provided a full
25 hearing by the court. If a vacancy shall occur by reason of the
26 death, disqualification, resignation or removal of a member, the
27 municipal authorities shall appoint a successor to fill his
28 unexpired term. In joint authorities such vacancies shall be
29 filled by the municipal authorities of the municipality in the
30 representation of which the vacancy occurs. If any municipality
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1 withdraws from a joint authority, the term of any member
2 appointed from the municipality shall immediately terminate.
3 (e) Quorum.--A majority of the members shall constitute a
4 quorum of the board for the purpose of organizing and conducting
5 the business of the authority and for all other purposes, and
6 all action may be taken by vote of a majority of the members
7 present unless the bylaws shall require a larger number. The
8 board shall have full authority to manage the properties and
9 business of the authority and to prescribe, amend and repeal
10 bylaws, rules and regulations governing the manner in which the
11 business of the authority may be conducted and the powers
12 granted to it may be exercised and embodied. The board shall fix
13 and determine the number of officers, agents and employees of
14 the authority and their respective powers, duties and
15 compensation and may appoint to such office or offices any
16 member of the board with such powers, duties and compensation as
17 the board may deem proper. The treasurer of the board of any
18 authority organized or created by a school district shall give
19 bond in such sums as may be fixed by the bylaws, which bond
20 shall be subject to the approval of the board and the premiums
21 for which shall be paid by the authority.
22 (f) Removal.--Unless excused by the board, a member of a
23 board who fails to attend three consecutive meetings of the
24 board may be removed by the appointing municipality up to 60
25 days after the date of the third meeting of the board which the
26 member failed to attend.
27 Section 2. This act shall apply retroactively to June 19,
28 2001.
29 Section 3. This act shall take effect immediately.
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