THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FABRIZIO, J. EVANS, HARKINS, HORNAMAN AND SONNEY, FEBRUARY 9, 2011

AS REPORTED FR0M COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 27, 2011   

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled,

as amended, "An act relating to counties of the first, third,

fourth, fifth, sixth, seventh and eighth classes; amending,

revising, consolidating and changing the laws relating

thereto; relating to imposition of excise taxes by counties,

including authorizing imposition of an excise tax on the

rental of motor vehicles by counties of the first class; and

providing for regional renaissance initiatives," further

providing for the governing board of the convention center

authority.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2399.61 of the act of August 9, 1955

(P.L.323, No.130), known as The County Code, added October 18,

2000 (P.L.541, No.73), is amended to read:

Section 2399.61.  Governing Board.--(a)  The power of the

authority shall be exercised by a governing board composed of

[nine] eleven members appointed as follows:

(1)  The mayor or, if there is no mayor, the [elected chief

executive officer, of the county seat] governing body of the 

municipality in which the convention center facilities are

located shall appoint[, with the advice and consent of the city

council or equivalent body, three] two members. The term of

office of these members shall be four years. The terms of the

first [three] two members appointed shall be allocated [among] 

between them for a two-year[, three-year] and four-year term,

respectively. In all cases, the beginning of the term shall be

deemed January 1 of the year of appointment, subject to

subsection (b).

(2)  The county [executive or other elected chief executive

officer of the county] council or, if there is no county

[executive or elected chief executive officer of the county] 

council, the governing body of the county in which the

convention center facilities are located shall appoint [four] 

seven members. [Appointments by a county executive or other

elected chief executive officer shall be with the advice and

consent of the county council or equivalent body.] The term of

office of these members shall be four years. The terms of the

first [four] seven members appointed shall be allocated among

them [for a] as follows: one one-year term, two two-year terms,

two three-year terms and two four-year [term, respectively] 

terms. In all cases, the beginning of the term shall be deemed

January 1 of the year of appointment, subject to subsection (b).

(3)  Two members shall be appointed by the Governor with the

advice and consent of a majority of the members of the Senate.

[(4)  If the authority created pursuant to section 2399.54 is

created by the county acting alone, seven members shall be

appointed under clause (2). The term of office of these members

shall be four years. The terms of the first members appointed

shall be allocated among them as follows: a one-year term, two

two-year terms, two three-year terms and two four-year terms.]

(b)  Except as otherwise provided, members shall serve a

four-year term from the date of their appointment and until

their successors have been appointed and qualified. If a vacancy

shall occur by means of the death, disqualification, resignation

or removal of a member, subject to the provisions of subsection

(a), the appointing authority shall appoint a successor to fill

the unexpired term.

(c)  The members of the board shall not be compensated for

their service on the board or for any other position in which

they may serve the authority. The authority may reimburse

members for reasonable and necessary out-of-pocket expenses

incurred by members in carrying out the business of the

authority.

(d)  (1)  The members of the board shall select from among

themselves a chairman and such other officers as the board may

determine. Except as otherwise provided, all actions of the

board shall be taken by a vote of at least [five] six members of

the board, which shall constitute a majority of the board,

unless the bylaws of the authority shall provide for a majority

vote by a present quorum of not less than [five] six members in

the absence of a full board. The board shall have full authority

to manage the properties and business of the authority and to

prescribe, amend and repeal bylaws, 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. Notwithstanding any other law, court decision,

precedent or practice to the contrary, no actions by or on

behalf of the board shall be taken by an officer of the board or

the authority except upon the approval or prior authorization of

the board. As used in this subsection, the term "actions by or

on behalf of the board" means any action whatsoever of the

board, including, but not limited to, the hiring, appointment,

removal, transfer, promotion or demotion of any officers and

employes, the retention, use or remuneration of advisors,

counsel, auditors, architects, engineers or consultants, the

initiation of legal action, the making of contracts, leases,

agreements, bonds, notes or covenants, the approval of

requisitions, purchase orders, investments and reinvestments,

and the adoption, amendment, revision or rescission of rules and

regulations, orders or other directives.

(2)  The board shall appoint an executive director, who shall

act as the chief executive officer of the authority. The

executive director shall not be a member of the board.

Notwithstanding the provisions of clause (1), the board may, by

bylaw or by resolution, delegate to the executive director the

authority and power to carry out the day-to-day operations of

the authority and to exercise those powers which are normal,

customary and necessary to perform the duties of a chief

executive officer.

(3)  The board may appoint such assistant and other officers,

including assistant secretaries and assistant treasurers, as the

board determines to be appropriate to carry out the business of

the authority. Assistant secretaries and assistant treasurers

may be members of the board.

(4)  The board may appoint one or more deputy executive

directors who, to the extent authorized by the board, may

exercise the duties and powers of the executive director in the

executive director's absence or incapacity or in the event of a

vacancy in the office of executive director.

(e)  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 the authority. The

authority, itself or by contract, shall defend board members,

and the authority shall indemnify and hold harmless board

members, whether or not currently serving as a member of the

authority, against and from any and all personal liabilities,

actions, causes of action and claims made against them for

whatever actions they perform within the scope of their duties

as board members.

Section 2.  The amendment of section 2399.61(a)(1) of the act

shall apply as follows to a city which, on the effective date of

this section, has established a Third Class County Convention

Center under Article XXIII(o) of the act:

(1)  The amendment shall not affect the term of a member

serving on the effective date of this section.

(2)  The reduction of appointments from three to two

shall apply as follows:

(i)  Except as set otherwise set forth in this

paragraph, to an office which is vacant on the effective

date of this section.

(ii)  If there is no vacancy under subparagraph (i),

to an office of a member who, on the effective date of

this section, is serving past the expiration date of the

member's term until a successor is appointed.

(iii)  If there is no vacancy under subparagraph (i)

and there is no office subject to subparagraph (ii), to

the office of the first member whose term expires after

the effective date of this section.

Section 3.  The amendment of section 2399.61(a)(2) of the act

shall apply as follows to a county which, on the effective date

of this section, has established a Third Class County Convention

Center under Article XXIII(o) of the act:

(1)  The amendment shall not affect the term of a member

serving on the effective date of this section.

(2)  A member serving on the effective date of this

section shall complete the term to which the member is

appointed as follows:

(i)  One term shall expire December 31, 2010 2011.

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(ii)  One term shall expire December 31, 2012 2013.

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(iii)  Two terms shall expire December 31, 2013 2014.

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(3)  If a member serving on the effective date of this

section is unable to complete the term to which the member is

appointed in accordance with paragraph (2):

(i)  a replacement shall be appointed by the

appointing authority that made the original appointment;

and

(ii)  the replacement appointed under subparagraph

(i) shall complete that term.

(4)  The seven appointments made by the county council

under the amendment shall be as follows:

(i)  Three initial appointments shall be made upon

the effective date of this section for the following

terms:

(A)  One term shall expire December 31, 2010 

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2011.

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(B)  Two terms shall expire December 31, 2011 

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2012.

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(ii)  The remaining four initial appointments shall

be made to fill the vacancies resulting from the

expiration of the terms under paragraph (2).

(iii)  Subsequent appointments shall be made under

section 2399.61(a)(2) of the act.

Section 4.  This act shall take effect immediately.