AN ACT

 

1Amending the act of April 6, 1956 (1955 P.L.1414, No.465),
2entitled, as amended, "An act to promote the welfare of the 
3people of this Commonwealth; creating Port Authorities to 
4function in counties of the second class as bodies corporate 
5and politic, with power to plan, acquire, construct, maintain 
6and operate facilities and projects for the improvement and 
7development of the port district and to borrow money and 
8issue bonds therefor; providing for the payment of such bonds 
9and prescribing the rights of the holders thereof; conferring 
10the right of eminent domain on the authorities; authorizing 
11the authorities to enter into contracts with and to accept 
12grants from the Federal government or any agency thereof; and 
13conferring exclusive jurisdiction on certain courts over 
14rates and services; and authorizing the authorities to 
15collect tolls, fares, fees, rentals and charges for the use 
16of facilities; defining the authorities' powers and duties, 
17and defining the port districts; granting Port Authorities 
18the right to engage in the business of owning, operating, and 
19maintaining a transportation system for the transportation of 
20persons in counties of the second class, providing, when 
21necessary, for extension of transportation systems into 
22adjoining counties and outside of said counties as provided 
23in the act; limiting the jurisdiction of the Public Utility 
24Commission over Port Authorities; authorizing municipalities 
25to make loans and grants and to transfer existing facilities; 
26authorizing Port Authorities to enter into contracts with and 
27to accept grants from State and local governments or agencies 
28thereof; exempting the property and facilities of such Port 
29Authorities from taxation and limiting the time to commence 
30civil action against said Authorities," further providing for 
31membership of the authority; and providing for Department of 
32Transportation Regionalization and Privatization Study.

1The General Assembly of the Commonwealth of Pennsylvania
2hereby enacts as follows:

3Section 1. Section 6 of the act of April 6, 1956 (1955
4P.L.1414, No.465), known as the Second Class County Port
5Authority Act, amended June 13, 2012, (P.L.629, No.61), is
6amended to read:

7Section 6. (a)  Subject to the provisions of section 6.1,
8the powers of an authority shall be exercised by a board,
9composed of [the number of members, not more than nine, as shall
10be fixed by the county council of the county where the authority 
11is located. The county executive of that county shall appoint
12the members of the board, one of whom shall at all times be a 
13member of the county council, all of whom shall be residents of
14such county and citizens of the United States, whose terms of
15office shall commence on the date of appointment, one member
16shall serve for one year, one for two years, one for three
17years, and one for four years, and one for five years, from the
18first day of January next succeeding the date of approval of
19this act, and terms of other members shall be staggered in a
20similar manner but in no instance shall exceed five years.
21Thereafter, whenever a vacancy has occurred or is about to occur
22by reason of the expiration of the term of any member, the
23county executive shall appoint a member for a term of five years
24to succeed the member whose term has expired or is about to
25expire. Members shall hold office until their successors have
26been appointed, and may succeed themselves.] eleven members.

27(b) The terms of members serving on the board on the
28effective date of this subsection shall expire in 60 days.
29Nothing in this subsection shall be construed to prohibit a
30current member from being reappointed by an appointing authority

1under this act.

2(c) The board shall be composed of the following members:

3(1) One member appointed by the Governor under subsection
4(d).

5(2) Four members appointed by officers of the General
6Assembly under subsection (e).

<-7(3) One member appointed by the county executive of the
8county where the authority is located under subsection (f).

9(4) Four members appointed by the at-large county council
10members of the county under subsection (g).

11(5) One member appointed by the mayor of a second class city
12located in the county under subsection (h).

<-13(3) Four members appointed by the county executive of the
14county where the authority is located composed of the following:

15(i) Two appointees by the county executive of the county
16where the authority is located.

17(ii) Two appointees who are recommended by the organizations
18in subsection (g) by the county executive of the county where
19the authority is located subject to confirmation by a majority
20vote of the members of the county council.

21(4) Two appointees who are recommended by the organizations 
22in subsection (g) by the caucus of county council members in the 
23county where the authority is located who are not of the same 
24political party affiliation as the county executive.

25(d) A member appointed by the Governor under subsection
26(c)(1) shall serve a four-year term.

27(e) (1) Appointments by officers of the General Assembly
28under subsection (c)(2) shall be made as follows:

29(i) One individual shall be appointed by the President pro
30tempore of the Senate.

1(ii) One individual shall be appointed by the Minority
2Leader of the Senate.

3(iii) One individual shall be appointed by the Speaker of
4the House of Representatives.

5(iv) One individual shall be appointed by the Minority
6Leader of the House of Representatives.

7(2) Members appointed by the President pro tempore of the
8Senate and the Minority Leader of the Senate under subsection
9(c)(2) shall serve a four-year term.

10(3) Members appointed by the Speaker of the House of 
11Representatives and the Minority Leader of the House of 
12Representatives shall serve an initial three-year term 
13immediately following the effective date of this subsection, to 
14be followed thereafter by a four-year term.

<-15(f) A member appointed by the county executive under
16subsection (c)(3) shall serve an initial two-year term
17immediately following the effective date of this subsection, to
18be followed thereafter by a four-year term.

19(g) (1) Two members appointed by the at-large county
20council members of the county under subsection (c)(4) shall
21serve an initial one-year term immediately following the
22effective date of this subsection, to be followed thereafter by
23a four-year term.

24(2) Two members appointed by the at-large county council
25members of the county under subsection (c)(4) shall serve an
26initial two-year term immediately following the effective date
27of this subsection, to be followed thereafter by a four-year
28term.

29(3) One appointment shall be made from recommendations
30provided to the at-large county council members by the Allegheny

1County Council of Governments.

2(4) One appointment shall be made from recommendations
3provided to the at-large county council members by ACHIEVA.

4(5) One appointment shall be made from recommendations
5provided to the at-large county council members by the
6Southwestern Pennsylvania Commission.

7(6) One appointment shall be made from recommendations
8provided to the at-large county council members by the Allegheny
9Conference on Community Development.

10(h) A member appointed by the mayor of a second class city
11located in the county under subsection (c)(5) shall serve an
12initial three-year term immediately following the effective date
13of this subsection, to be followed thereafter by a four-year
14term.

15(i) Appointees must be residents of this Commonwealth(<-f) A
16member appointed by the county executive and county council
17shall serve an initial term as follows to be immediately
18followed thereafter by a four-year term:

19(1) The appointees under subsection (c)(3)(i) shall serve an
20initial term of two or three years as designated by the county
21executive.

22(2) The appointees under subsection (c)(3)(ii) shall serve
23an initial term of two years.

24(3) The appointees under subsection (c)(4) shall serve an
25initial term of one year.

26(g) The appointments made by the county executive under
27subsection (c)(3)(ii) and the appointments made by the caucus of
28county council members under subsection (c)(4) shall be made in
29accordance with the following:

30(1) The county executive and the caucus of county council

1members shall select from a list of recommendations submitted by
2each of the following organizations to the appropriate
3appointing authority:

4(i) The Allegheny Conference.

5(ii) The Southwestern Pennsylvania Commission.

6(iii) The Allegheny Council of Governments.

7(iv) The Committee for Accessible Transportation.

8(2) The caucus of county council members shall be granted
9the first and fourth selections under this subsection.

10(3) The county executive shall be granted the second and
11third selections under this subsection.

12(4) The county executive and the caucus of county council
13members shall coordinate their appointments to ensure that all
14of the organizations listed under paragraph (1) are represented
15simultaneously on the board.

16(h) Except for an appointee under subsection (c)(1) who
17shall be a resident of this Commonwealth, appointees shall be
18residents of the county where the authority is located and have
19expertise or substantial experience in budgeting, finance,
20economic development, transportation or mass transit operations.

<-21(j) (i) Appointing authorities shall appoint initial board
22members within sixty days of the effective date of this
23subsection.

<-24(k) (j) Members' initial terms shall commence sixty days
25following the effective date of this subsection.

<-26(l) (k) No member shall serve more than three consecutive
27terms including initial terms.

<-28(m) (l) (1) A member shall receive such compensation for his
29services as the county executive shall determine and shall be
30entitled to the necessary expenses, including traveling expenses

1incurred in the performance of his duties.

2(2) Within ninety days after the [creation of the authority]
3effective date of this paragraph, the board shall meet and
4organize by electing from their number a chairman, a vice
5chairman, and such other officers as the board may determine.

6(3) The board may employ a secretary, an executive
7director, its own counsel and legal staff and such technical
8experts and other agents and employes, permanent or temporary,
9as it may require, and may determine the qualifications and fix
10the compensation of such persons.

11(4)  Six members of the board shall constitute a quorum for
12its meetings.

13(5) Members of the board shall not be liable personally on
14the bonds or other obligations of the authority, and the rights
15of creditors shall be solely against the authority.

16(6) The board may delegate to one or more of its agents or
17employes such of its powers as it shall deem necessary to carry
18out the purposes of this act, subject always to the supervision
19and control of the board.

20(7) The board shall have full authority to manage and
21operate the business of the authority and to prescribe, amend
22and repeal by-laws, rules and regulations governing the manner
23in which the business of the authority may be conducted and the
24powers granted to it may be exercised and embodied.

25(8) Copies of such by-laws, rules and regulations shall be
26filed with the county council of the county.

27(9) A member may be removed for cause by the court of common
28pleas of the county in which the authority is located after
29having been provided with a copy of the charges against the
30member for at least ten days and a full hearing by the court.

<-1(n) (m) If a vacancy occurs by reason of the death,
2resignation or removal of a member, the [county executive]
3designated appointing authority shall appoint a successor to
4fill the unexpired term within sixty days.

5Section 2. The act is amended by adding a section to read:

6Section 15. (a) The <-department Department of Transportation
7shall study the consolidation of the authority with other local
8transportation organizations within geographical proximity as a
9means of reducing annual expenses or increasing annual revenues.
10The study shall examine the creation of service regions to
11determine whether consolidation would reduce annual expenses or
12increase annual revenues.

13(b) The department shall study the potential privatization
14of authority services as a means of reducing annual expenses or
15increasing annual revenues.

16(c) The department shall submit a report on its findings and
17recommendations to the Governor, the General Assembly and the
18authority within one hundred eighty days of the effective date
19of this section.

20Section 3. This act shall take effect immediately.