PRIOR PRINTER'S NO. 1135
PRINTER'S NO. 1244
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SCARNATI, VULAKOVICH, RAFFERTY, WARD, WHITE, HUTCHINSON, ALLOWAY, VANCE AND BROWNE, JUNE 3, 2013
AS AMENDED ON THIRD CONSIDERATION, JUNE 17, 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:
17(ii) Two appointees who are recommended by the organizations
18in subsection (g) by the county executive of the county where
19the authority is located subject to confirmation by a majority
20vote of the members of the county council.
21(4) Two appointees who are recommended by the organizations
22in subsection (g) by the caucus of county council members in the
23county where the authority is located who are not of the same
24political party affiliation as the county executive.
10(3) Members appointed by the Speaker of the House of
11Representatives and the Minority Leader of the House of
12Representatives shall serve an initial three-year term
13immediately following the effective date of this subsection, to
14be followed thereafter by a four-year term.
<-15(f) A member appointed by the county executive under
16subsection (c)(3) shall serve an initial two-year term
17immediately following the effective date of this subsection, to
18be followed thereafter by a four-year term.
19(g) (1) Two members appointed by the at-large county
20council members of the county under subsection (c)(4) shall
21serve an initial one-year term immediately following the
22effective date of this subsection, to be followed thereafter by
23a four-year term.
24(2) Two members appointed by the at-large county council
25members of the county under subsection (c)(4) shall serve an
26initial two-year term immediately following the effective date
27of this subsection, to be followed thereafter by a four-year
1County Council of Governments.
10(h) A member appointed by the mayor of a second class city
11located in the county under subsection (c)(5) shall serve an
12initial three-year term immediately following the effective date
13of this subsection, to be followed thereafter by a four-year
15(i) Appointees must be residents of this Commonwealth(<-f) A
16member appointed by the county executive and county council
17shall serve an initial term as follows to be immediately
18followed thereafter by a four-year term:
26(g) The appointments made by the county executive under
27subsection (c)(3)(ii) and the appointments made by the caucus of
28county council members under subsection (c)(4) shall be made in
29accordance with the following:
30(1) The county executive and the caucus of county council
4(i) The Allegheny Conference.
5(ii) The Southwest Planning Commission.
6(iii) The Allegheny Council of Governments.
7(iv) The Committee for Accessible Transportation.
12(4) The county executive and the caucus of county council
13members shall coordinate their appointments to ensure that all
14of the organizations listed under paragraph (1) are represented
15simultaneously on the board.
16(h) Except for an appointee under subsection (c)(1) who
17shall be a resident of this Commonwealth, appointees shall be
18residents of the county where the authority is located and have
19expertise or substantial experience in budgeting, finance,
20economic development, transportation or mass transit operations.
1incurred in the performance of his duties.
2(2) Within ninety days after the [creation of the authority]
3effective date of this paragraph, the board shall meet and
4organize by electing from their number a chairman, a vice
5chairman, and such other officers as the board may determine.
6(3) The board may employ a secretary, an executive
7director, its own counsel and legal staff and such technical
8experts and other agents and employes, permanent or temporary,
9as it may require, and may determine the qualifications and fix
10the compensation of such persons.
16(6) The board may delegate to one or more of its agents or
17employes such of its powers as it shall deem necessary to carry
18out the purposes of this act, subject always to the supervision
19and control of the board.
20(7) The board shall have full authority to manage and
21operate the business of the authority and to prescribe, amend
22and repeal by-laws, rules and regulations governing the manner
23in which the business of the authority may be conducted and the
24powers granted to it may be exercised and embodied.
27(9) A member may be removed for cause by the court of common
28pleas of the county in which the authority is located after
29having been provided with a copy of the charges against the
30member for at least ten days and a full hearing by the court.
<-1(n) (m) If a vacancy occurs by reason of the death,
2resignation or removal of a member, the [county executive]
3designated appointing authority shall appoint a successor to
4fill the unexpired term within sixty days.
5Section 2. The act is amended by adding a section to read:
6Section 15. (a) The <-department Department of Transportation
7shall study the consolidation of the authority with other local
8transportation organizations within geographical proximity as a
9means of reducing annual expenses or increasing annual revenues.
10The study shall examine the creation of service regions to
11determine whether consolidation would reduce annual expenses or
12increase annual revenues.
16(c) The department shall submit a report on its findings and
17recommendations to the Governor, the General Assembly and the
18authority within one hundred eighty days of the effective date
19of this section.
20Section 3. This act shall take effect immediately.