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
31powers of the authority.

32The General Assembly of the Commonwealth of Pennsylvania

1hereby enacts as follows:

2Section 1. Section 6 of the act of April 6, 1956 (1955
3P.L.1414, No.465), known as the Second Class County Port
4Authority Act, amended June 13, 2012 (P.L.619, No.61), is
5amended to read:

6[Section 6. Subject to the provisions of section 6.1, the
7powers of an authority shall be exercised by a board, composed
8of the number of members, not more than nine, as shall be fixed
9by the county council of the county where the authority is 
10located. The county executive of that county shall appoint the 
11members of the board, one of whom shall at all times be a member 
12of the county council, all of whom shall be residents of such
13county and citizens of the United States, whose terms of office
14shall commence on the date of appointment, one member shall
15serve for one year, one for two years, one for three years, and
16one for four years, and one for five years, from the first day
17of January next succeeding the date of approval of this act, and
18terms of other members shall be staggered in a similar manner
19but in no instance shall exceed five years. Thereafter, whenever
20a vacancy has occurred or is about to occur by reason of the
21expiration of the term of any member, the county executive shall
22appoint a member for a term of five years to succeed the member
23whose term has expired or is about to expire. Members shall hold
24office until their successors have been appointed, and may
25succeed themselves. A member shall receive such compensation for
26his services as the county executive shall determine and shall
27be entitled to the necessary expenses, including traveling
28expenses incurred in the performance of his duties. Within
29ninety days after the creation of the authority, the board shall
30meet and organize by electing from their number a chairman, a

1vice chairman, and such other officers as the board may
2determine. The board may employ a secretary, an executive
3director, its own counsel and legal staff and such technical
4experts and other agents and employes, permanent or temporary,
5as it may require, and may determine the qualifications and fix
6the compensation of such persons. Six members of the board shall
7constitute a quorum for its meetings. Members of the board shall
8not be liable personally on the bonds or other obligations of
9the authority, and the rights of creditors shall be solely
10against the authority. The board may delegate to one or more of
11its agents or employes such of its powers as it shall deem
12necessary to carry out the purposes of this act, subject always
13to the supervision and control of the board. The board shall
14have full authority to manage and operate the business of the
15authority and to prescribe, amend and repeal by-laws, rules and
16regulations governing the manner in which the business of the
17authority may be conducted and the powers granted to it may be
18exercised and embodied. Copies of such by-laws, rules and
19regulations shall be filed with the county council of the
20county. A member may be removed for cause by the court of common
21pleas of the county in which the authority is located after
22having been provided with a copy of the charges against the
23member for at least ten days and a full hearing by the court.

24If a vacancy occurs by reason of the death, resignation or
25removal of a member, the county executive shall appoint a
26successor to fill the unexpired term.]

27Section 6. Subject to the provisions of section 6.1, the
28powers of an authority shall be exercised by a board, composed
29of eleven members. The county executive of that county shall
30appoint six members of the board, one of whom shall at all times

1be a member of the county council. The Governor and the Majority
2Leader and Minority Leader of Senate and the Majority Leader and
3Minority Leader of the House of Representatives shall each
4appoint one member of the board, all of whom shall be residents
5of such county and citizens of the United States, whose terms of
6office shall commence on the date of appointment. One member
7shall serve for one year, one for two years, one for three
8years, one for four years and one for five years, from the first
9day of January next succeeding the date of approval of this act,
10and terms of other members shall be staggered in a similar
11manner but in no instance shall exceed five years. Thereafter,
12whenever a vacancy has occurred or is about to occur by reason
13of the expiration of the term of any member, the appointing
14official shall appoint a member for a term of five years to
15succeed the member whose term has expired or is about to expire.
16Members shall hold office until their successors have been
17appointed, and may succeed themselves. A member shall receive
18such compensation for his services as the county executive shall
19determine and shall be entitled to the necessary expenses,
20including traveling expenses incurred in the performance of his
21duties. Within ninety days after the creation of the authority,
22the board shall meet and organize by electing from their number
23a chairman, a vice chairman and such other officers as the board
24may determine. The board may employ a secretary, an executive
25director, its own counsel and legal staff and such technical
26experts and other agents and employes, permanent or temporary,
27as it may require, and may determine the qualifications and fix
28the compensation of such persons. Six members of the board shall
29constitute a quorum for its meetings. Members of the board shall
30not be liable personally on the bonds or other obligations of

1the authority, and the rights of creditors shall be solely
2against the authority. The board may delegate to one or more of
3its agents or employes such of its powers as it shall deem
4necessary to carry out the purposes of this act, subject always
5to the supervision and control of the board. The board shall
6have full authority to manage and operate the business of the
7authority and to prescribe, amend and repeal by-laws, rules and
8regulations governing the manner in which the business of the
9authority may be conducted and the powers granted to it may be
10exercised and embodied. Copies of such by-laws, rules and
11regulations shall be filed with the county council of the
12county. A member may be removed for cause by the court of common
13pleas of the county in which the authority is located after
14having been provided with a copy of the charges against the
15member for at least ten days and a full hearing by the court.

16If a vacancy occurs by reason of the death, resignation or
17removal of a member, the appointing official shall appoint a
18successor to fill the unexpired term.

19Section 2. The following apply to members appointed to the
20board under section 6 of the act:

21(1) The appointments by the Governor and the Majority
22Leader of the Senate shall be made within 60 days of the
23effective date of this section.

24(2) If the board has no more than six members on the
25effective date of this section, the appointments by the
26Majority Leader of the House of Representatives, the Minority
27Leader of the Senate and the Minority Leader of the House of
28Representatives shall be made within 60 days of the effective
29date of this section.

30(3) If the board has more than six members on the

1effective date of this section, upon the next vacancies
2occurring on the board, appointments to the board shall be
3made in the following order:

4(i) By the Majority Leader of the House of
5Representatives.

6(ii) By the Minority Leader of the Senate.

7(iii) By the Minority Leader of the House of
8Representatives.

9Section 3. This act shall take effect in 60 days.