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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY READSHAW, KORTZ, HESS, DeWEESE, W. KELLER, CALTAGIRONE, CARROLL, D. COSTA, EVERETT, KULA, MARSHALL, MILLER AND WHEATLEY, APRIL 7, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 7, 2011 |
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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 powers of the authority. |
32 | The General Assembly of the Commonwealth of Pennsylvania |
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1 | hereby enacts as follows: |
2 | Section 1. Section 6 of the act of April 6, 1956 (1955 |
3 | P.L.1414, No.465), known as the Second Class County Port |
4 | Authority Act, amended June 18, 1999 (P.L.72, No.11), is amended |
5 | to read: |
6 | Section 6. Subject to the provisions of section 6.1, [the |
7 | powers of the authority shall be exercised by a board, composed |
8 | of the number of members, not more than nine, one of whom shall |
9 | at all times be a member of the county council appointed by the |
10 | county executive, as shall be fixed by the county council of |
11 | each county of the second class. The county executive of each |
12 | county of the second class shall appoint the members of the |
13 | board, all of whom shall be residents of such county] the powers |
14 | of the authority shall be exercised by a board, composed of the |
15 | number of members, not more than nine. The Governor may appoint |
16 | as a member of the board one person. The Majority Leader and the |
17 | Minority Leader of the Senate and the Majority Leader and the |
18 | Minority Leader of the House of Representatives shall each |
19 | appoint two persons to serve as a board member. The county |
20 | executive shall appoint four persons who shall be residents of |
21 | such county and citizens of the United States, whose terms of |
22 | office shall commence on the date of appointment, one member |
23 | shall serve for one year, one for two years, one for three |
24 | years, and one for four years, and one for five years, from the |
25 | first day of January next succeeding the date of approval of |
26 | this act, and terms of other members shall be staggered in a |
27 | similar manner but in no instance shall exceed five years. |
28 | Thereafter, whenever a vacancy has occurred or is about to occur |
29 | by reason of death of or the expiration of the term of any |
30 | member, the [county executive] appointing authority of the |
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1 | member shall appoint a member for a term of five years to |
2 | succeed the member whose term has expired or is about to expire. |
3 | Members shall hold office until their successors have been |
4 | appointed, and may succeed themselves. A member shall receive |
5 | such compensation for his services as the county executive shall |
6 | determine and shall be entitled to the necessary expenses, |
7 | including traveling expenses incurred in the performance of his |
8 | duties. Within ninety days after the creation of the authority, |
9 | the board shall meet and organize by electing from their number |
10 | a chairman, a vice chairman, and such other officers as the |
11 | board may determine. The board may employ a secretary, an |
12 | executive director, its own counsel and legal staff and such |
13 | technical experts and other agents and employes, permanent or |
14 | temporary, as it may require, and may determine the |
15 | qualifications and fix the compensation of such persons. Six |
16 | members of the board shall constitute a quorum for its meetings. |
17 | Members of the board shall not be liable personally on the bonds |
18 | or other obligations of the authority, and the rights of |
19 | creditors shall be solely against such authority. The board may |
20 | delegate to one or more of its agents or employes such of its |
21 | powers as it shall deem necessary to carry out the purposes of |
22 | this act, subject always to the supervision and control of the |
23 | board. The board shall have full authority to manage and operate |
24 | the business of the authority and to prescribe, amend and repeal |
25 | by-laws, rules and regulations governing the manner in which the |
26 | business of the authority may be conducted and the powers |
27 | granted to it may be exercised and embodied. Copies of such by- |
28 | laws, rules and regulations shall be filed with the county |
29 | council of the county incorporating the authority. A member may |
30 | be removed for cause by the court of common pleas of the county |
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1 | in which the authority is located after having been provided |
2 | with a copy of the charges against the member for at least ten |
3 | days and a full hearing by the court. |
4 | If a vacancy occurs by reason of the death, resignation or |
5 | removal of a member, the county executive shall appoint a |
6 | successor to fill the unexpired term. |
7 | Section 2. This act shall take effect in 60 days. |
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