1Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2as amended, "An act relating to counties of the first, third,
3fourth, fifth, sixth, seventh and eighth classes; amending,
4revising, consolidating and changing the laws relating
5thereto; relating to imposition of excise taxes by counties,
6including authorizing imposition of an excise tax on the
7rental of motor vehicles by counties of the first class; and
8providing for regional renaissance initiatives," further
9providing for the governing board of the convention center
10authority.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 2399.61 of the act of August 9, 1955
14(P.L.323, No.130), known as The County Code, added October 18,
152000 (P.L.541, No.73), is amended to read:

16Section 2399.61. Governing Board.--(a) The power of the
17authority shall be exercised by a governing board composed of
18[nine] eleven members appointed as follows:

19(1) The mayor or, if there is no mayor, the [elected chief
20executive officer, of the county seat] governing body of the
21municipality in which the convention center facilities are

1located shall appoint[, with the advice and consent of the city
2council or equivalent body, three] two members. The term of
3office of these members shall be four years. The terms of the
4first [three] two members appointed shall be allocated [among]
5between them for a two-year[, three-year] and four-year term,
6respectively. In all cases, the beginning of the term shall be
7deemed January 1 of the year of appointment, subject to
8subsection (b).

9(2) The county [executive or other elected chief executive 
10officer of the county] council or, if there is no county 
11[executive or elected chief executive officer of the county] 
12council, the governing body of the county in which the 
13convention center facilities are located shall appoint [four] 
14seven members. [Appointments by a county executive or other 
15elected chief executive officer shall be with the advice and 
16consent of the county council or equivalent body.] The term of 
17office of these members shall be four years. The terms of the 
18first [four] seven members appointed shall be allocated among 
19them [for a] as follows: one one-year term, two two-year terms, 
20two three-year terms and two four-year [term, respectively] 
21terms. In all cases, the beginning of the term shall be deemed 
22January 1 of the year of appointment, subject to subsection (b).

23(3) Two members shall be appointed by the Governor with the
24advice and consent of a majority of the members of the Senate.

25[(4) If the authority created pursuant to section 2399.54 is
26created by the county acting alone, seven members shall be
27appointed under clause (2). The term of office of these members
28shall be four years. The terms of the first members appointed
29shall be allocated among them as follows: a one-year term, two
30two-year terms, two three-year terms and two four-year terms.]

1(b) Except as otherwise provided, members shall serve a
2four-year term from the date of their appointment and until
3their successors have been appointed and qualified. If a vacancy
4shall occur by means of the death, disqualification, resignation
5or removal of a member, subject to the provisions of subsection
6(a), the appointing authority shall appoint a successor to fill
7the unexpired term.

8(c) The members of the board shall not be compensated for
9their service on the board or for any other position in which
10they may serve the authority. The authority may reimburse
11members for reasonable and necessary out-of-pocket expenses
12incurred by members in carrying out the business of the
13authority.

14(d) (1) The members of the board shall select from among
15themselves a chairman and such other officers as the board may
16determine. Except as otherwise provided, all actions of the
17board shall be taken by a vote of at least [five] six members of
18the board, which shall constitute a majority of the board,
19unless the bylaws of the authority shall provide for a majority
20vote by a present quorum of not less than [five] six members in
21the absence of a full board. The board shall have full authority
22to manage the properties and business of the authority and to
23prescribe, amend and repeal bylaws, rules and regulations
24governing the manner in which the business of the authority may
25be conducted and the powers granted to it may be exercised and
26embodied. Notwithstanding any other law, court decision,
27precedent or practice to the contrary, no actions by or on
28behalf of the board shall be taken by an officer of the board or
29the authority except upon the approval or prior authorization of
30the board. As used in this subsection, the term "actions by or

1on behalf of the board" means any action whatsoever of the
2board, including, but not limited to, the hiring, appointment,
3removal, transfer, promotion or demotion of any officers and
4employes, the retention, use or remuneration of advisors,
5counsel, auditors, architects, engineers or consultants, the
6initiation of legal action, the making of contracts, leases,
7agreements, bonds, notes or covenants, the approval of
8requisitions, purchase orders, investments and reinvestments,
9and the adoption, amendment, revision or rescission of rules and
10regulations, orders or other directives.

11(2) The board shall appoint an executive director, who shall
12act as the chief executive officer of the authority. The
13executive director shall not be a member of the board.
14Notwithstanding the provisions of clause (1), the board may, by
15bylaw or by resolution, delegate to the executive director the
16authority and power to carry out the day-to-day operations of
17the authority and to exercise those powers which are normal,
18customary and necessary to perform the duties of a chief
19executive officer.

20(3) The board may appoint such assistant and other officers,
21including assistant secretaries and assistant treasurers, as the
22board determines to be appropriate to carry out the business of
23the authority. Assistant secretaries and assistant treasurers
24may be members of the board.

25(4) The board may appoint one or more deputy executive
26directors who, to the extent authorized by the board, may
27exercise the duties and powers of the executive director in the
28executive director's absence or incapacity or in the event of a
29vacancy in the office of executive director.

30(e) Members of the board shall not be liable personally on

1the bonds or other obligations of the authority, and the rights
2of creditors shall be solely against the authority. The
3authority, itself or by contract, shall defend board members,
4and the authority shall indemnify and hold harmless board
5members, whether or not currently serving as a member of the
6authority, against and from any and all personal liabilities,
7actions, causes of action and claims made against them for
8whatever actions they perform within the scope of their duties
9as board members.

10Section 2. The amendment of section 2399.61(a)(1) of the act
11shall apply as follows to members appointed under that section
12of the act on the effective date of this section:

13(1) The amendment shall not shorten the term of a member
14serving on the effective date of this section.

15(2) A member serving on the effective date of this
16section shall complete the term which the member is currently
17serving as follows:

18(i) The term of the member whose term expired on or
19about December 31, 2009, shall expire on December 31,
202013.

21(ii) The term of the member whose term expired on or
22about December 31, 2010, shall expire on December 31,
232014.

24(iii) The term of the member whose term expired on
25or about December 31, 2011, shall expire on December 31,
262016.

27(3) The reduction of appointments from three to two
28shall apply as follows:

29(i) Except as otherwise set forth in this paragraph,
30to an office which is vacant on the effective date of

1this section.

2(ii) If there is no vacancy under subparagraph (i),
3to the office of the first member whose term expires
4after the effective date of this section.

5Section 3. The amendment of section 2399.61(a)(2) of the act
6shall apply as follows to members appointed under that section
7of the act on the effective date of this section:

8(1) The amendment shall not reduce the term of a member
9serving on the effective date of this section.

10(2) A member serving on the effective date of this
11section shall complete the term to which the member is
12currently serving as follows:

13(i) The term of the member whose term expired on or
14about December 31, 2010, shall expire December 31, 2014.

15(ii) The terms of the two members whose terms expire
16on or about December 31, 2013, shall expire December <-31,
172013.

18(iii) The term of the member whose term expired on
19or about December 31, 2012, shall expire December 31,
202016.

21(3) The seven appointments made by the county council
22under the amendment shall be as follows:

23(i) Two initial appointments to fill two of the
24vacancies created by the amendment of section
252399.61(a)(2) of the act shall be made after the
26effective date of this section for the following terms:

27(A) One term shall expire December 31, 2014.

28(B) One term shall expire December 31, 2015.

29(ii) One initial appointment to fill the vacancy
30created by the reduction of appointments from three to

1two from the amendment of section 2399.61(a)(1) of the
2act and by the increase in appointments from four to
3seven from the amendment of section 2399.61(a)(2) of the
4act shall be made promptly after the reduction occurs
5under the transitional provisions of section 2 of this
6act <-for a term that shall expire December 31, 2015.

7(iii) The remaining four initial appointments shall
8be made to fill the vacancies resulting from the
9expiration of the terms under paragraph (2).

<-10(iii) (iv) Subsequent appointments shall be made
11under section 2399.61(a)(2) of the act.

12Section 4. This act shall take effect immediately.