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
22located shall appoint[, with the advice and consent of the city

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

8(2)  The county [executive or other elected chief executive 
9officer of the county] council or, if there is no county 
10[executive or elected chief executive officer of the county] 
11council, the governing body of the county in which the 
12convention center facilities are located shall appoint [four] 
13seven members. [Appointments by a county executive or other 
14elected chief executive officer shall be with the advice and 
15consent of the county council or equivalent body.] The term of 
16office of these members shall be four years. The terms of the 
17first [four] seven members appointed shall be allocated among 
18them [for a] as follows: one one-year term, two two-year terms, 
19two three-year terms and two four-year [term, respectively] 
20terms. In all cases, the beginning of the term shall be deemed 
21January 1 of the year of appointment, subject to subsection (b).

22(3)  Two members shall be appointed by the Governor with the
23advice and consent of a majority of the members of the Senate.

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

30(b)  Except as otherwise provided, members shall serve a

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

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

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

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

10(2)  The board shall appoint an executive director, who shall
11act as the chief executive officer of the authority. The
12executive director shall not be a member of the board.
13Notwithstanding the provisions of clause (1), the board may, by
14bylaw or by resolution, delegate to the executive director the
15authority and power to carry out the day-to-day operations of
16the authority and to exercise those powers which are normal,
17customary and necessary to perform the duties of a chief
18executive officer.

19(3)  The board may appoint such assistant and other officers,
20including assistant secretaries and assistant treasurers, as the
21board determines to be appropriate to carry out the business of
22the authority. Assistant secretaries and assistant treasurers
23may be members of the board.

24(4)  The board may appoint one or more deputy executive
25directors who, to the extent authorized by the board, may
26exercise the duties and powers of the executive director in the
27executive director's absence or incapacity or in the event of a
28vacancy in the office of executive director.

29(e)  Members of the board shall not be liable personally on
30the bonds or other obligations of the authority, and the rights

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

9Section 2.  The amendment of section 2399.61(a)(1) of the act
10shall apply as follows to members appointed under that section
11of the act on the effective date of this section:

12(1)  The amendment shall not shorten the term of a member
13serving on the effective date of this section.

14(2)  A member serving on the effective date of this
15section shall complete the term which the member is currently
16serving as follows:

17(i)  The term of the member whose term expired on or
18about December 31, 2009, shall expire on December 31,
192013.

20(ii)  The term of the member whose term expired on or
21about December 31, 2010, shall expire on December 31,
222014.

23(iii)  The term of the member whose term expired on
24or about December 31, 2011, shall expire on December 31,
252016.

26(3)  The reduction of appointments from three to two
27shall apply as follows:

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

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

4Section 3.  The amendment of section 2399.61(a)(2) of the act
5shall apply as follows to members appointed under that section
6of the act on the effective date of this section:

7(1)  The amendment shall not reduce the term of a member
8serving on the effective date of this section.

9(2)  A member serving on the effective date of this
10section shall complete the term to which the member is
11currently serving as follows:

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

14(ii)  The terms of the two members whose terms expire
15on or about December 31, 2013, shall expire December
162013.

17(iii)  The term of the member whose term expired on
18or about December 31, 2012, shall expire December 31,
192016.

20(3)  The seven appointments made by the county council
21under the amendment shall be as follows:

22(i)  Two initial appointments to fill two of the
23vacancies created by the amendment of section
242399.61(a)(2) of the act shall be made after the
25effective date of this section for the following terms:

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

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

28(ii)  One initial appointment to fill the vacancy
29created by the reduction of appointments from three to
30two from the amendment of section 2399.61(a)(1) of the

1act and by the increase in appointments from four to
2seven from the amendment of section 2399.61(a)(2) of the
3act shall be made promptly after the reduction occurs
4under the transitional provisions of section 2 of this
5act.

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

9(iii)  Subsequent appointments shall be made under
10section 2399.61(a)(2) of the act.

11Section 4.  This act shall take effect immediately.