PRIOR PRINTER'S NOS. 1135, 1244, 1260
PRINTER'S NO. 1320
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SCARNATI, VULAKOVICH, RAFFERTY, WARD, WHITE, HUTCHINSON, ALLOWAY, VANCE AND BROWNE, JUNE 3, 2013
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 29, 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
1Transportation Regionalization and Privatization Study.
8Section 6. (a) Subject to the provisions of section 6.1,
9the powers of an authority shall be exercised by a board,
10composed of [the number of members, not more than nine, as shall
11be fixed by the county council of the county where the authority
12is located. The county executive of that county shall appoint
13the members of the board, one of whom shall at all times be a
14member of the county council, all of whom shall be residents of
15such county and citizens of the United States, whose terms of
16office shall commence on the date of appointment, one member
17shall serve for one year, one for two years, one for three
18years, and one for four years, and one for five years, from the
19first day of January next succeeding the date of approval of
20this act, and terms of other members shall be staggered in a
21similar manner but in no instance shall exceed five years.
22Thereafter, whenever a vacancy has occurred or is about to occur
23by reason of the expiration of the term of any member, the
24county executive shall appoint a member for a term of five years
25to succeed the member whose term has expired or is about to
26expire. Members shall hold office until their successors have
27been appointed, and may succeed themselves.] eleven members.
3(c) The board shall be composed of the following members:
13(ii) Two appointees who are recommended by the organizations
14in subsection (g) by the county executive of the county where
15the authority is located subject to confirmation by a majority
16vote of the members of the county council.
<-17(4) Two appointees who are recommended by the organizations
18in subsection (g) by the caucus of county council members in the
19county where the authority is located who are not of the same
20political party affiliation as the county executive.
6(3) Members appointed by the Speaker of the House of
7Representatives and the Minority Leader of the House of
8Representatives shall serve an initial three-year term
9immediately following the effective date of this subsection, to
10be followed thereafter by a four-year term.
14(1) <-The <-Two appointees under subsection (c)(3)(i) shall
15serve an initial term of two <-or three years <-years and two
16appointees under subsection (c)(3)(i) shall serve an initial
17term of three years, as designated by the county executive.
22(g) The appointments made by the county executive under
23subsection (c)(3)(ii) <-and the appointments made by the caucus of
24county council members under subsection (c)(4) shall be made in
25accordance with the following:
26(1) The county executive <-and the caucus of county council
27members shall select from a list of recommendations submitted by
28each of the following organizations to the appropriate
30(i) The Allegheny Conference.
1(ii) The Southwestern Pennsylvania Commission.
4(iv) The Committee for Accessible Transportation.
9(4) The county executive and the caucus of county council
10members shall coordinate their appointments to ensure that all
11of the organizations listed under paragraph (1) are represented
12simultaneously on the board.
14(h) Except for an appointee under subsection (c)(1) who
15shall be a resident of this Commonwealth, appointees shall be
16residents of the county where the authority is located and have
17expertise or substantial experience in budgeting, finance,
18economic development, transportation or mass transit operations.
26(l) (1) A member shall <-not receive <-[such<-] compensation for
27his services <-[as the county executive shall determine and<-] but
28shall be entitled to the necessary expenses, including traveling
29expenses incurred in the performance of his duties.
30(2) Within ninety days after the [creation of the authority]
4(3) The board may employ a secretary, an executive director,
5its own counsel and legal staff and such technical experts and
6other agents and employes, permanent or temporary, as it may
7require, and may determine the qualifications and fix the
8compensation of such persons.
13(4.2) Board action on the following matters will be tabled
14upon motion and secondED by the two board members appointed
15pursuant to subsection (c)(2) by officers of the General
16Assembly who are not of the same political party affiliation as
17the county executive:
18(i) Adopting bylaws.
19(ii) Appointing a chief executive officer.
20(iii) Authorizing bonds, other borrowing and leases.
26(6) The board may delegate to one or more of its agents or
27employes such of its powers as it shall deem necessary to carry
28out the purposes of this act, subject always to the supervision
29and control of the board.
30(7) The board shall have full authority to manage and
1operate the business of the authority and to prescribe, amend
2and repeal by-laws, rules and regulations governing the manner
3in which the business of the authority may be conducted and the
4powers granted to it may be exercised and embodied.
7(9) A member may be removed for cause by the court of common
8pleas of the county in which the authority is located after
9having been provided with a copy of the charges against the
10member for at least ten days and a full hearing by the court.
11(m) If a vacancy occurs by reason of the death, resignation
12or removal of a member, the [county executive] designated
13appointing authority shall appoint a successor to fill the
14unexpired term within sixty days.
15Section 2. The act is amended by adding a section to read:
16Section 15. (a) The Department of Transportation shall
17study the consolidation of the authority with other local
18transportation organizations within geographical proximity as a
19means of reducing annual expenses or increasing annual revenues.
20The study shall examine the creation of service regions to
21determine whether consolidation would reduce annual expenses or
22increase annual revenues.
26(c) The department shall submit a report on its findings and
27recommendations to the Governor, the General Assembly and the
28authority within <-one hundred eighty <-two hundred seventy days of
29the effective date of this section.
30Section 3. This act shall take effect immediately.