Regular Session 2021-2022 Senate Bill 1199 P.N. 1764

PRIOR PRINTER'S NO. 1606

PRINTER'S NO. 1764

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1199

Session of

2022

INTRODUCED BY ROBINSON, MENSCH, VOGEL, BREWSTER, STEFANO,

BARTOLOTTA, HUTCHINSON AND PITTMAN, APRIL 21, 2022

AS AMENDED ON THIRD CONSIDERATION, JUNE 14, 2022

AN ACT

Amending the act of December 14, 1992 (P.L.818, No.133),

entitled "An act establishing the Port of Pittsburgh

Commission; providing for its powers and duties; and making a

repeal," further providing for DEFINITIONS AND FOR commission

and governing body; AND MAKING EDITORIAL CHANGES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3(b)(2) of the act of December 14, 1992

(P.L.818, No.133), known as the Port of Pittsburgh Commission

Act, is amended and the subsection is amended by adding

paragraphs to read:

SECTION 1. THE DEFINITION OF "PORT DISTRICT" IN SECTION 2 OF

THE ACT OF DECEMBER 14, 1992 (P.L.818, NO.133), KNOWN AS THE

PORT OF PITTSBURGH COMMISSION ACT, IS AMENDED TO READ:

SECTION 2. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL

HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

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"PORT DISTRICT." THE COMBINED GEOGRAPHICAL TERRITORY OF THE

COUNTIES OF ALLEGHENY, ARMSTRONG, BEAVER, BLAIR, BUTLER, CAMBRIA

CLARION, FAYETTE, GREENE, INDIANA, LAWRENCE, WASHINGTON AND

WESTMORELAND.

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SECTION 2. SECTION 3(B)(2) AND (D) OF THE ACT ARE AMENDED

AND SUBSECTION (B) IS AMENDED BY ADDING PARAGRAPHS TO READ:

Section 3. Commission and governing body.

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(b) Governing body.--

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[(2) The governing body shall be composed of 15 members

who shall be appointed in the following manner and who shall

be residents of this Commonwealth and serve at the pleasure

of their respective appointing authority:

(i) One member shall be appointed by the President

pro tempore of the Senate for a term concurrent with the

term of such appointing authority.

(ii) One member shall be appointed by the Minority

Leader of the Senate for a term concurrent with the term

of such appointing authority.

(iii) One member shall be appointed by the Speaker

of the House of Representatives for a term concurrent

with the term of such appointing authority.

(iv) One member shall be appointed by the Minority

Leader of the House of Representatives for a term

concurrent with the term of such appointing authority.

(v) Four members initially appointed by the Governor

for terms of one, two, three and four years,

respectively, provided that their respective successors

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shall each be appointed for a term of four years. The

initial term of each member shall be designated by the

Governor at the time of appointment.

(vi) Seven members appointed by the Governor for a

term of four years, provided that one member shall be

appointed from each list of at least three nominees

submitted to the Governor respectively by the Waterways

Association of Pittsburgh, the River Terminal Operator's

Association, the Association for the Development of

Inland Navigation in America's Ohio Valley and the county

commissioners jointly of those counties within the port

district which are not members of the Southwestern

Pennsylvania Regional Planning Commission; and three

members shall be appointed from a list of at least five

nominees submitted to the Governor by the Southwestern

Pennsylvania Regional Planning Commission. Each list

shall be submitted to the Governor within 30 days of the

effective date of this act, and the Governor shall select

a member from each list within 30 days of receipt of each

list or else may request one substitute list of nominees

from any entity who prepares a list. If each entity

permitted to submit a list fails to submit a list of

nominees within 30 days of the effective date of this act

or fails to submit a substitute list within 30 days of

receipt of a request to do so, the Governor may appoint

at his discretion such member or members for which a list

of nominees was not submitted. Whenever a vacancy occurs

prior to the completion of the term of office of a member

appointed pursuant to this paragraph, the entity which

prepared the list for the board member whose seat has

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become vacant shall submit a list of nominees to replace

that member to the Governor who shall select a person to

fill the vacancy in the manner provided for in this

paragraph for the selection of original appointments.]

(2.1) The governing body shall be composed of the

following members, who must be individuals 18 years of age or

older and residents of this Commonwealth, who shall serve at

the pleasure of the respective appointing authority, and who

shall be appointed in the following manner:

(i) Four members appointed by the Governor for a

term of four years.

(ii) Three members appointed by the Governor from a

list of at least five nominees submitted to the Governor

by the Southwestern Pennsylvania Regional Planning

Commission for a term of two years and until reappointed

or a successor is appointed.

(iii) One member appointed by the Governor from a

list of at least three nominees submitted to the Governor

by the Port of Pittsburgh Commission board for a term of

two years and until reappointed or a successor is

appointed.

(iv) One member appointed by the President pro

tempore of the Senate for a term concurrent with the term

of the appointing authority.

(v) One member appointed by the Speaker of the House

of Representatives for a term concurrent with the term of

the appointing authority.

(vi) One member appointed by the Minority Leader of

the Senate for a term concurrent with the term of the

appointing authority.

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(vii) One member appointed by the Minority Leader of

the House of Representatives for a term concurrent with

the term of the appointing authority.

(viii) One member nominated by the Port of

Pittsburgh Executive Committee and appointed by the Port

of Pittsburgh Commission board for a term of two years

and until reappointed or a successor is appointed.

(2.2) If each entity permitted to submit a list under

paragraph (2.1) fails to submit a list of nominees within 30

days of the effective date of this paragraph or fails to

submit a substitute list within 30 days of receipt of a

request to do so, the Governor may appoint the member or

members for which a list of nominees was not submitted.

Whenever a vacancy occurs prior to the completion of the term

of office of a member appointed under this paragraph, the

entity which prepared the list for the board member whose

seat has become vacant shall submit a list of nominees to

replace that member to the Governor, and the Governor shall

select a person to fill the vacancy in the manner provided

for in this paragraph for the selection of original

appointments.

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(D) PUBLIC MEETINGS AND RECORDS.--THE COMMISSION SHALL BE

SUBJECT TO THE ACT OF [JUNE 21, 1957 (P.L.390, NO.212), REFERRED

TO] FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW

LAW, AND [THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE

SUNSHINE ACT] 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).

SECTION 3. SECTION 13(B) OF THE ACT IS AMENDED TO READ:

SECTION 13. INTEREST OF OFFICERS AND EMPLOYEES.

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(B) RESTRICTED ACTIVITIES AND FINANCIAL INTERESTS.--THE

PROVISIONS OF THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN

AS THE STATE ADVERSE INTEREST ACT, AND [THE ACT OF OCTOBER 4,

1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL AND

EMPLOYEE ETHICS LAW] 65 PA.C.S. CH. 11 (RELATING TO ETHICS

STANDARDS AND FINANCIAL DISCLOSURE), ARE HEREBY MADE

SPECIFICALLY APPLICABLE TO MEMBERS AND OFFICERS AND EMPLOYEES OF

THE COMMISSION. FOR THE PURPOSES OF APPLICATION OF SUCH ACTS,

EMPLOYEES OF THE COMMISSION SHALL BE REGARDED AS PUBLIC

EMPLOYEES OF THE COMMONWEALTH, AND MEMBERS AND OFFICERS OF THE

COMMISSION SHALL BE REGARDED AS PUBLIC OFFICIALS OF THE

COMMONWEALTH, WHETHER OR NOT THEY RECEIVE COMPENSATION.

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Section 2 4. This act shall take effect in 60 days.

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