THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FONTANA, COSTA, SOLOBAY, ALLOWAY, TARTAGLIONE, WARD AND FERLO, JUNE 22, 2012

REFERRED TO TRANSPORTATION, JUNE 22, 2012  

AN ACT

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

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

people of this Commonwealth; creating Port Authorities to

function in counties of the second class as bodies corporate

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

and operate facilities and projects for the improvement and

development of the port district and to borrow money and

issue bonds therefor; providing for the payment of such bonds

and prescribing the rights of the holders thereof; conferring

the right of eminent domain on the authorities; authorizing

the authorities to enter into contracts with and to accept

grants from the Federal government or any agency thereof; and

conferring exclusive jurisdiction on certain courts over

rates and services; and authorizing the authorities to

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

of facilities; defining the authorities' powers and duties,

and defining the port districts; granting Port Authorities

the exclusive right to engage in the business of owning,

operating, and maintaining a transportation system for the

transportation of persons in counties of the second class,

providing, when necessary, for extension of transportation

systems into adjoining counties and outside of said counties

as provided in the act; limiting the jurisdiction of the

Public Utility Commission over Port Authorities; authorizing

municipalities to make loans and grants and to transfer

existing facilities; authorizing Port Authorities to enter

into contracts with and to accept grants from State and local

governments or agencies thereof; exempting the property and

facilities of such Port Authorities from taxation and

limiting the time to commence civil action against said

Authorities," further providing for board composition.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

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

to read:

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

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

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

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

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

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

county of the second class shall appoint the members of the

board[, all of whom shall be residents of such county and

citizens of the United States, whose terms of office shall

commence on the date of appointment, one member shall serve for

one year, one for two years, one for three years, and one for

four years, and one for five years, from the first day of

January next succeeding the date of approval of this act, and

terms of other members shall be staggered in a similar manner

but in no instance shall exceed five years. Thereafter, whenever

a vacancy has occurred or is about to occur by reason of the

expiration of the term of any member, the county executive shall

appoint a member for a term of five years to succeed the member

whose term has expired or is about to expire.], four of whom

shall be:

(1)  Two members shall be members of the county council, each

of whom shall be a member of a different political party.

(2)  Two members, one of whom shall be a member of the Senate

and one of whom shall be a member of the House of

Representatives, each of whom shall be a member of a different

political party. The appointments shall be made from

recommendations provided to the county executive by the

President pro tempore of the Senate and the Speaker of the House

of Representatives.

Members shall be residents of the county and citizens of the

United States and shall possess knowledge, ability and skills

related to the operation of a transit authority. To the extent

possible, the members shall reflect the racial, ethnic, gender

and geographic diversity of the county. The terms of members

shall not exceed five years. Whenever a vacancy has occurred or

is about to occur by reason of the expiration of the term of any

member, the county executive shall appoint a member for a term

of five years to succeed the member whose term has expired or is

about to expire.

Members shall hold office until their successors have been

appointed, and may succeed themselves. A member shall receive

such compensation for his services as the county executive shall

determine and shall be entitled to the necessary expenses,

including traveling expenses incurred in the performance of his

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

the board shall meet and organize by electing from their number

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

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

executive director, its own counsel and legal staff and such

technical experts and other agents and employes, permanent or

temporary, as it may require, and may determine the

qualifications and fix the compensation of such persons. Six

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

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 such authority. The board may

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

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

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

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

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

by-laws, 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. Copies of such by-

laws, rules and regulations shall be filed with the county

council of the county incorporating the authority. A member may

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

in which the authority is located after having been provided

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

days and a full hearing by the court.

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

removal of a member, the county executive shall appoint a

successor to fill the unexpired term.

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