PRINTER'S NO. 1135
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SCARNATI, VULAKOVICH, RAFFERTY, FERLO, WARD, WHITE, HUTCHINSON, ALLOWAY, VANCE AND BROWNE, JUNE 3, 2013
REFERRED TO TRANSPORTATION, JUNE 3, 2013
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
32Transportation Regionalization and Privatization Study.
7Section 6. (a) Subject to the provisions of section 6.1,
8the powers of an authority shall be exercised by a board,
9composed of [the number of members, not more than nine, as shall
10be fixed by the county council of the county where the authority
11is located. The county executive of that county shall appoint
12the members of the board, one of whom shall at all times be a
13member of the county council, all of whom shall be residents of
14such county and citizens of the United States, whose terms of
15office shall commence on the date of appointment, one member
16shall serve for one year, one for two years, one for three
17years, and one for four years, and one for five years, from the
18first day of January next succeeding the date of approval of
19this act, and terms of other members shall be staggered in a
20similar manner but in no instance shall exceed five years.
21Thereafter, whenever a vacancy has occurred or is about to occur
22by reason of the expiration of the term of any member, the
23county executive shall appoint a member for a term of five years
24to succeed the member whose term has expired or is about to
25expire. Members shall hold office until their successors have
26been appointed, and may succeed themselves.] eleven members.
27(b) The terms of members serving on the board on the
28effective date of this subsection shall expire in 60 days.
29Nothing in this subsection shall be construed to prohibit a
30current member from being reappointed by an appointing authority
1under this act.
2(c) The board shall be composed of the following members:
3(f) A member appointed by the county executive under
4subsection (c)(3) shall serve an initial two-year term
5immediately following the effective date of this subsection, to
6be followed thereafter by a four-year term.
7(g) (1) Two members appointed by the at-large county
8council members of the county under subsection (c)(4) shall
9serve an initial one-year term immediately following the
10effective date of this subsection, to be followed thereafter by
11a four-year term.
12(2) Two members appointed by the at-large county council
13members of the county under subsection (c)(4) shall serve an
14initial two-year term immediately following the effective date
15of this subsection, to be followed thereafter by a four-year
13(m) (1) A member shall receive such compensation for his
14services as the county executive shall determine and shall be
15entitled to the necessary expenses, including traveling expenses
16incurred in the performance of his duties.
17(2) Within ninety days after the [creation of the authority]
18effective date of this paragraph, the board shall meet and
19organize by electing from their number a chairman, a vice
20chairman, and such other officers as the board may determine.
21(3) The board may employ a secretary, an executive
22director, its own counsel and legal staff and such technical
23experts and other agents and employes, permanent or temporary,
24as it may require, and may determine the qualifications and fix
25the compensation of such persons.
1(6) The board may delegate to one or more of its agents or
2employes such of its powers as it shall deem necessary to carry
3out the purposes of this act, subject always to the supervision
4and control of the board.
5(7) The board shall have full authority to manage and
6operate the business of the authority and to prescribe, amend
7and repeal by-laws, rules and regulations governing the manner
8in which the business of the authority may be conducted and the
9powers granted to it may be exercised and embodied.
12(9) 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.
16(n) If a vacancy occurs by reason of the death, resignation
17or removal of a member, the [county executive] designated
18appointing authority shall appoint a successor to fill the
19unexpired term within sixty days.
20Section 2. The act is amended by adding a section to read:
21Section 15. (a) The department shall study the
22consolidation of the authority with other local transportation
23organizations within geographical proximity as a means of
24reducing annual expenses or increasing annual revenues. The
25study shall examine the creation of service regions to determine
26whether consolidation would reduce annual expenses or increase
1(c) The department shall submit a report on its findings and
2recommendations to the Governor, the General Assembly and the
3authority within one hundred eighty days of the effective date
4of this section.
5Section 3. This act shall take effect immediately.