PRINTER'S NO.  1480

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1304

Session of

2011

  

  

INTRODUCED BY READSHAW, KORTZ, HESS, DeWEESE, W. KELLER, CALTAGIRONE, CARROLL, D. COSTA, EVERETT, KULA, MARSHALL, MILLER AND WHEATLEY, APRIL 7, 2011

  

  

REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 7, 2011  

  

  

  

AN ACT

  

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Amending the act of April 6, 1956 (1955 P.L.1414, No.465),

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entitled, as amended, "An act to promote the welfare of the

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people of this Commonwealth; creating Port Authorities to

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function in counties of the second class as bodies corporate

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and politic, with power to plan, acquire, construct, maintain

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and operate facilities and projects for the improvement and

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development of the port district and to borrow money and

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issue bonds therefor; providing for the payment of such bonds

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and prescribing the rights of the holders thereof; conferring

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the right of eminent domain on the authorities; authorizing

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the authorities to enter into contracts with and to accept

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grants from the Federal government or any agency thereof; and

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conferring exclusive jurisdiction on certain courts over

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rates and services; and authorizing the authorities to

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collect tolls, fares, fees, rentals and charges for the use

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of facilities; defining the authorities' powers and duties,

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and defining the port districts; granting Port Authorities

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the exclusive right to engage in the business of owning,

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operating, and maintaining a transportation system for the

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transportation of persons in counties of the second class,

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providing, when necessary, for extension of transportation

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systems into adjoining counties and outside of said counties

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as provided in the act; limiting the jurisdiction of the

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Public Utility Commission over Port Authorities; authorizing

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municipalities to make loans and grants and to transfer

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existing facilities; authorizing Port Authorities to enter

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into contracts with and to accept grants from State and local

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governments or agencies thereof; exempting the property and

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facilities of such Port Authorities from taxation and

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limiting the time to commence civil action against said

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Authorities," further providing for powers of the authority.

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The General Assembly of the Commonwealth of Pennsylvania

 


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hereby enacts as follows:

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Section 1.  Section 6 of the act of April 6, 1956 (1955

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P.L.1414, No.465), known as the Second Class County Port

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Authority Act, amended June 18, 1999 (P.L.72, No.11), is amended

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to read:

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Section 6.  Subject to the provisions of section 6.1, [the

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powers of the authority shall be exercised by a board, composed

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of the number of members, not more than nine, one of whom shall

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at all times be a member of the county council appointed by the

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county executive, as shall be fixed by the county council of

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each county of the second class. The county executive of each

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county of the second class shall appoint the members of the

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board, all of whom shall be residents of such county] the powers

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of the authority shall be exercised by a board, composed of the

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number of members, not more than nine. The Governor may appoint

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as a member of the board one person. The Majority Leader and the

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Minority Leader of the Senate and the Majority Leader and the

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Minority Leader of the House of Representatives shall each

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appoint two persons to serve as a board member. The county

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executive shall appoint four persons who shall be residents of

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such county and citizens of the United States, whose terms of

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office shall commence on the date of appointment, one member

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shall serve for one year, one for two years, one for three

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years, and one for four years, and one for five years, from the

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first day of January next succeeding the date of approval of

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this act, and terms of other members shall be staggered in a

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similar manner but in no instance shall exceed five years.

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Thereafter, whenever a vacancy has occurred or is about to occur

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by reason of death of or the expiration of the term of any

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member, the [county executive] appointing authority of the

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member shall appoint a member for a term of five years to

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succeed the member whose term has expired or is about to expire.

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Members shall hold office until their successors have been

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appointed, and may succeed themselves. A member shall receive

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such compensation for his services as the county executive shall

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determine and shall be entitled to the necessary expenses,

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including traveling expenses incurred in the performance of his

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duties. Within ninety days after the creation of the authority,

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the board shall meet and organize by electing from their number

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a chairman, a vice chairman, and such other officers as the

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board may determine. The board may employ a secretary, an

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executive director, its own counsel and legal staff and such

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technical experts and other agents and employes, permanent or

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temporary, as it may require, and may determine the

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qualifications and fix the compensation of such persons. Six

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members of the board shall constitute a quorum for its meetings.

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Members of the board shall not be liable personally on the bonds

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or other obligations of the authority, and the rights of

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creditors shall be solely against such authority. The board may

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delegate to one or more of its agents or employes such of its

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powers as it shall deem necessary to carry out the purposes of

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this act, subject always to the supervision and control of the

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board. The board shall have full authority to manage and operate

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the business of the authority and to prescribe, amend and repeal

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by-laws, rules and regulations governing the manner in which the

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business of the authority may be conducted and the powers

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granted to it may be exercised and embodied. Copies of such by-

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laws, rules and regulations shall be filed with the county

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council of the county incorporating the authority. A member may

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be removed for cause by the court of common pleas of the county

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in which the authority is located after having been provided

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with a copy of the charges against the member for at least ten

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days and a full hearing by the court.

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If a vacancy occurs by reason of the death, resignation or

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removal of a member, the county executive shall appoint a

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successor to fill the unexpired term.

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Section 2.  This act shall take effect in 60 days.

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