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

1Transportation Regionalization and Privatization Study.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Section 6 of the act of April 6, 1956 (1955
5P.L.1414, No.465), known as the Second Class County Port
6Authority Act, amended June 13, 2012, (P.L.629, No.61), is
7amended to read:

8Section 6. (a)  Subject to the provisions of section 6.1,
9the powers of an authority shall be exercised by a board,
10composed of [the number of members, not more than nine, as shall
11be fixed by the county council of the county where the authority 
12is located. The county executive of that county shall appoint
13the members of the board, one of whom shall at all times be a 
14member of the county council, all of whom shall be residents of
15such county and citizens of the United States, whose terms of
16office shall commence on the date of appointment, one member
17shall serve for one year, one for two years, one for three
18years, and one for four years, and one for five years, from the
19first day of January next succeeding the date of approval of
20this act, and terms of other members shall be staggered in a
21similar manner but in no instance shall exceed five years.
22Thereafter, whenever a vacancy has occurred or is about to occur
23by reason of the expiration of the term of any member, the
24county executive shall appoint a member for a term of five years
25to succeed the member whose term has expired or is about to
26expire. Members shall hold office until their successors have
27been appointed, and may succeed themselves.] eleven members.

28(b) The terms of members serving on the board on the
29effective date of this subsection shall expire in 60 days.
30Nothing in this subsection shall be construed to prohibit a

1current member from being reappointed by an appointing authority
2under this act.

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

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

6(2) Four members appointed by officers of the General
7Assembly under subsection (e).

8(3) <-Four <-Six members appointed by the county executive of
9the county where the authority is located composed of the
10following:

11(i) <-Two <-Four appointees by the county executive of the
12county where the authority is located.

13(ii) Two appointees who are recommended by the organizations
14in subsection (g) by the county executive of the county where
15the authority is located subject to confirmation by a majority
16vote of the members of the county council.

<-17(4) Two appointees who are recommended by the organizations 
18in subsection (g) by the caucus of county council members in the 
19county where the authority is located who are not of the same 
20political party affiliation as the county executive.

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

23(e) (1) Appointments by officers of the General Assembly
24under subsection (c)(2) shall be made as follows:

25(i) One individual shall be appointed by the President pro
26tempore of the Senate.

27(ii) One individual shall be appointed by the Minority
28Leader of the Senate.

29(iii) One individual shall be appointed by the Speaker of
30the House of Representatives.

1(iv) One individual shall be appointed by the Minority
2Leader of the House of Representatives.

3(2) Members appointed by the President pro tempore of the
4Senate and the Minority Leader of the Senate under subsection
5(c)(2) shall serve a four-year term.

6(3) Members appointed by the Speaker of the House of 
7Representatives and the Minority Leader of the House of 
8Representatives shall serve an initial three-year term 
9immediately following the effective date of this subsection, to 
10be followed thereafter by a four-year term.

11(f) A member appointed by the county executive <-and county
12council shall serve an initial term as follows to be immediately
13followed thereafter by a four-year term:

14(1) <-The <-Two appointees under subsection (c)(3)(i) shall
15serve an initial term of two <-or three years <-years and two
16appointees under subsection (c)(3)(i) shall serve an initial
17term of three years, as designated by the county executive.

18(2) The appointees under subsection (c)(3)(ii) shall serve
19an initial term of two years.

<-20(3) The appointees under subsection (c)(4) shall serve an
21initial term of one year.

22(g) The appointments made by the county executive under
23subsection (c)(3)(ii) <-and the appointments made by the caucus of
24county council members under subsection (c)(4) shall be made in
25accordance with the following:

26(1) The county executive <-and the caucus of county council
27members shall select from a list of recommendations submitted by
28each of the following organizations to the appropriate
29appointing authority:

30(i) The Allegheny Conference.

1(ii) The Southwestern Pennsylvania Commission.

2(iii) <-The Allegheny Council of Governments <-Councils of
3Government with constituent members in the county.

4(iv) The Committee for Accessible Transportation.

<-5(2) The caucus of county council members shall be granted
6the first and fourth selections under this subsection.

7(3) The county executive shall be granted the second and
8third selections under this subsection.

9(4) The county executive and the caucus of county council
10members shall coordinate their appointments to ensure that all
11of the organizations listed under paragraph (1) are represented
12simultaneously on the board.

<-13(2) (Reserved).

14(h) Except for an appointee under subsection (c)(1) who
15shall be a resident of this Commonwealth, appointees shall be
16residents of the county where the authority is located and have
17expertise or substantial experience in budgeting, finance,
18economic development, transportation or mass transit operations.

19(i) Appointing authorities shall appoint initial board
20members within sixty days of the effective date of this
21subsection.

22(j) Members' initial terms shall commence sixty days
23following the effective date of this subsection.

24(k) No member shall serve more than three consecutive terms
25including initial terms.

26(l) (1) A member shall <-not receive <-[such<-] compensation for
27his services <-[as the county executive shall determine and<-] but
28shall be entitled to the necessary expenses, including traveling
29expenses incurred in the performance of his duties.

30(2) Within ninety days after the [creation of the authority]

1effective date of this paragraph, the board shall meet and
2organize by electing from their number a chairman, a vice
3chairman, and such other officers as the board may determine.

4(3) The board may employ a secretary, an executive director,
5its own counsel and legal staff and such technical experts and
6other agents and employes, permanent or temporary, as it may
7require, and may determine the qualifications and fix the
8compensation of such persons.

9(4)  Six members of the board shall constitute a quorum for
10its meetings.

<-11(4.1) The consent of at least seven members of the board
12shall be necessary to take action on behalf of the authority.

13(4.2) Board action on the following matters will be tabled
14upon motion and secondED by the two board members appointed
15pursuant to subsection (c)(2) by officers of the General
16Assembly who are not of the same political party affiliation as
17the county executive:

18(i) Adopting bylaws.

19(ii) Appointing a chief executive officer.

20(iii) Authorizing bonds, other borrowing and leases.

21(iv) Approving contracts which will entail expenditures in
22excess of five million dollars.

23(5) Members of the board shall not be liable personally on
24the bonds or other obligations of the authority, and the rights
25of creditors shall be solely against the authority.

26(6) The board may delegate to one or more of its agents or
27employes such of its powers as it shall deem necessary to carry
28out the purposes of this act, subject always to the supervision
29and control of the board.

30(7) The board shall have full authority to manage and

1operate the business of the authority and to prescribe, amend
2and repeal by-laws, rules and regulations governing the manner
3in which the business of the authority may be conducted and the
4powers granted to it may be exercised and embodied.

5(8) Copies of such by-laws, rules and regulations shall be
6filed with the county council of the county.

7(9) A member may be removed for cause by the court of common
8pleas of the county in which the authority is located after
9having been provided with a copy of the charges against the
10member for at least ten days and a full hearing by the court.

11(m) If a vacancy occurs by reason of the death, resignation
12or removal of a member, the [county executive] designated 
13appointing authority shall appoint a successor to fill the
14unexpired term within sixty days.

15Section 2. The act is amended by adding a section to read:

16Section 15. (a) The Department of Transportation shall
17study the consolidation of the authority with other local
18transportation organizations within geographical proximity as a
19means of reducing annual expenses or increasing annual revenues.
20The study shall examine the creation of service regions to
21determine whether consolidation would reduce annual expenses or
22increase annual revenues.

23(b) The department shall study the potential privatization
24of authority services as a means of reducing annual expenses or
25increasing annual revenues.

26(c) The department shall submit a report on its findings and
27recommendations to the Governor, the General Assembly and the
28authority within <-one hundred eighty <-two hundred seventy days of
29the effective date of this section.

30Section 3. This act shall take effect immediately.