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| PRIOR PRINTER'S NO. 1072 | PRINTER'S NO. 1396 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FONTANA, COSTA, FERLO AND BREWSTER, APRIL 25, 2011 |
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| SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, JUNE 21, 2011 |
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| AN ACT |
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1 | Amending the act of April 6, 1956 (1955 P.L.1414, No.465), |
2 | entitled, as amended, "An act to promote the welfare of the |
3 | people of this Commonwealth; creating Port Authorities to |
4 | function in counties of the second class as bodies corporate |
5 | and politic, with power to plan, acquire, construct, maintain |
6 | and operate facilities and projects for the improvement and |
7 | development of the port district and to borrow money and |
8 | issue bonds therefor; providing for the payment of such bonds |
9 | and prescribing the rights of the holders thereof; conferring |
10 | the right of eminent domain on the authorities; authorizing |
11 | the authorities to enter into contracts with and to accept |
12 | grants from the Federal government or any agency thereof; and |
13 | conferring exclusive jurisdiction on certain courts over |
14 | rates and services; and authorizing the authorities to |
15 | collect tolls, fares, fees, rentals and charges for the use |
16 | of facilities; defining the authorities' powers and duties, |
17 | and defining the port districts; granting Port Authorities |
18 | the exclusive right to engage in the business of owning, |
19 | operating, and maintaining a transportation system for the |
20 | transportation of persons in counties of the second class, |
21 | providing, when necessary, for extension of transportation |
22 | systems into adjoining counties and outside of said counties |
23 | as provided in the act; limiting the jurisdiction of the |
24 | Public Utility Commission over Port Authorities; authorizing |
25 | municipalities to make loans and grants and to transfer |
26 | existing facilities; authorizing Port Authorities to enter |
27 | into contracts with and to accept grants from State and local |
28 | governments or agencies thereof; exempting the property and |
29 | facilities of such Port Authorities from taxation and |
30 | limiting the time to commence civil action against said |
31 | Authorities," further providing for board composition. |
32 | The General Assembly of the Commonwealth of Pennsylvania |
33 | hereby enacts as follows: |
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1 | Section 1. Section 6 of the act of April 6, 1956 (1955 |
2 | P.L.1414, No.465), known as the Second Class County Port |
3 | Authority Act, amended June 18, 1999 (P.L.72, No.11), is amended |
4 | to read: |
5 | Section 6. Subject to the provisions of section 6.1, the |
6 | powers of the authority shall be exercised by a board, composed |
7 | of the number of members, not more than nine[, one of whom shall |
8 | at all times be a member of the county council appointed by the |
9 | county executive, as shall be fixed by the county council of |
10 | each county of the second class]. The county executive of each |
11 | county of the second class shall appoint the members of the |
12 | board[, all of whom shall be residents of such county and |
13 | citizens of the United States, whose terms of office shall |
14 | commence on the date of appointment, one member shall serve for |
15 | one year, one for two years, one for three years, and one for |
16 | four years, and one for five years, from the first day of |
17 | January next succeeding the date of approval of this act, and |
18 | terms of other members shall be staggered in a similar manner |
19 | but in no instance shall exceed five years. Thereafter, whenever |
20 | a vacancy has occurred or is about to occur by reason of the |
21 | expiration of the term of any member, the county executive shall |
22 | appoint a member for a term of five years to succeed the member |
23 | whose term has expired or is about to expire.] as follows: |
24 | (1) One member shall be a member of the county council. |
25 | (2) One member shall represent labor. |
26 | (3) One member shall be a member of the transit council. |
27 | (4) One member shall be a member of the Senate and one shall |
28 | be a member of the House of Representatives. The appointments |
29 | shall be made from recommendations provided to the county |
30 | executive by the President pro tempore of the Senate and the |
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1 | Speaker of the House of Representatives. |
2 | Members shall be residents of the county and citizens of the |
3 | United States and shall possess knowledge, ability and skills |
4 | related to the operation of a transit authority. To the extent |
5 | possible, the members shall reflect the racial, ethnic, gender |
6 | and geographic diversity of the county. The terms of members | <-- |
7 | shall not exceed five years. Whenever a vacancy has occurred or |
8 | is about to occur by reason of the expiration of the term of any |
9 | member, the county executive shall appoint a member for a term |
10 | of five years to succeed the member whose term has expired or is |
11 | about to expire. |
12 | Members shall hold office until their successors have been |
13 | appointed, and may succeed themselves. A member shall receive |
14 | such compensation for his services as the county executive shall |
15 | determine and shall be entitled to the necessary expenses, |
16 | including traveling expenses incurred in the performance of his |
17 | duties. Within ninety days after the creation of the authority, |
18 | the board shall meet and organize by electing from their number |
19 | a chairman, a vice chairman, and such other officers as the |
20 | board may determine. The board may employ a secretary, an |
21 | executive director, its own counsel and legal staff and such |
22 | technical experts and other agents and employes, permanent or |
23 | temporary, as it may require, and may determine the |
24 | qualifications and fix the compensation of such persons. Six |
25 | members of the board shall constitute a quorum for its meetings. |
26 | Members of the board shall not be liable personally on the bonds |
27 | or other obligations of the authority, and the rights of |
28 | creditors shall be solely against such authority. The board may |
29 | delegate to one or more of its agents or employes such of its |
30 | powers as it shall deem necessary to carry out the purposes of |
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1 | this act, subject always to the supervision and control of the |
2 | board. The board shall have full authority to manage and operate |
3 | the business of the authority and to prescribe, amend and repeal |
4 | by-laws, rules and regulations governing the manner in which the |
5 | business of the authority may be conducted and the powers |
6 | granted to it may be exercised and embodied. Copies of such by- |
7 | laws, rules and regulations shall be filed with the county |
8 | council of the county incorporating the authority. A member may |
9 | be removed for cause by the court of common pleas of the county |
10 | in which the authority is located after having been provided |
11 | with a copy of the charges against the member for at least ten |
12 | days and a full hearing by the court. |
13 | If a vacancy occurs by reason of the death, resignation or |
14 | removal of a member, the county executive shall appoint a |
15 | successor to fill the unexpired term. |
16 | Section 2. This act shall take effect in 60 days. |
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