Trial Engrossment of Amendment A00793 to House Bill 1074 P.N. 1234, Regular Session 2019-2020

A00793

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1074

Session of

2019

INTRODUCED BY TURZAI, HENNESSEY, RYAN, BERNSTINE, PICKETT, PYLE,

ROTHMAN, STAATS AND MEHAFFIE, APRIL 5, 2019

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 5, 2019

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in municipal authorities, providing

for governing bodies of airport authorities located in

counties of the second class.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 5610.1. Governing bodies of airport authorities located in

counties of the second class.

(a) General rule.--An airport authority established under

this chapter that operates in a county of the second class shall

have a board composed of 13 members.

(b) Terms of existing members.--

(1) The terms of members serving on the board on the

effective date of this subsection shall expire in 60 days.

(2) Nothing in this subsection shall be construed to

prohibit a current member from being reappointed by an

appointing authority under this chapter.

following members:

(1) One member appointed by the Governor.

(2) Four members appointed by officers of the General

Assembly as follows:

(i) One individual shall be appointed by the

President pro tempore of the Senate.

(ii) One individual shall be appointed by the

Minority Leader of the Senate.

(iii) One individual shall be appointed by the

Speaker of the House of Representatives.

(iv) One individual shall be appointed by the

Minority Leader of the House of Representatives.

(3) Eight members appointed by the county executive of

the county where the authority is located.

(d) Terms of members.--

(1) The member appointed by the Governor under

subsection (c)(1) shall serve a four-year term.

(2) The members appointed by the President pro tempore

of the Senate and the Minority Leader of the Senate under

subsection (c)(2) shall serve a four-year term.

(3) The members appointed by the Speaker of the House of

Representatives and the Minority Leader of the House of

Representatives shall serve an initial three-year term

immediately following the effective date of this section, to

be followed thereafter by a four-year term.

(4) The members appointed by the county executive shall

serve an initial term as follows to be immediately followed

thereafter by a four-year term:

(i) Four appointees under subsection (c)(3) shall

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serve an initial term of two years, as designated by the

county executive.

(ii) Four appointees under subsection (c)(3) shall

serve an initial term of three years, as designated by

the county executive.

(e) Residency requirements.--Except for an appointee under

subsection (c)(1) who must be a resident of this Commonwealth,

appointees must be residents of the county where the authority

is located and have expertise or substantial experience in

budgeting, finance, economic development, aviation or airport

operations.

(f) Time for initial appointments.--

(1) Appointing authorities shall appoint initial members

within 60 days of the effective date of this section.

(2) The terms of initial members shall commence 60 days

following the effective date of this subsection.

(g) Term limitations.--No member shall serve more than three

consecutive terms, including initial terms.

(h) Compensation and expenses.--A member shall be entitled

to compensation consistent with the provisions of section

5607(d)(8) (relating to purposes and powers) for the member's

services and shall be entitled to the necessary expenses,

including traveling expenses incurred in the performance of the

member's duties.

(i) Organizational structure and meetings.--

(1) Within 90 days after the effective date of this

section, the board shall meet and organize by electing from

their number a chairman, a vice chairman and other officers

as the board may determine.

(2) The board may employ a secretary, an executive

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director, counsel and legal staff, technical experts and

other agents and employees, permanent or temporary, as the

board may require, and may determine the qualifications and

fix the compensation of those persons.

(3) Seven members of the board shall constitute a quorum

for the board's meetings.

(4) The consent of at least eight members of the board

shall be necessary to take action on behalf of the authority.

(5) Board action on the following matters shall be

tabled upon motion and seconded by the two board members

appointed under subsection (c)(2) by officers of the General

Assembly who are not of the same political party affiliation

as the county executive:

(i) Adopting bylaws.

(ii) Appointing a chief executive officer.

(iii) Authorizing bonds, other borrowing and leases.

(iv) Approving contracts that entail expenditures in

excess of $5,000,000.

(6) (5) Members of the board shall not be liable

personally on the bonds or other obligations of the

authority, and the rights of creditors shall be solely

against the authority.

(7) (6) The board may delegate to one or more of its

agents or employees powers as the board deems necessary to

carry out the purposes of this chapter, subject to the

supervision and control of the board.

(8) (7) The board shall have the authority to make

bylaws as provided under section 5607(d)(7).

(9) (8) Copies of bylaws, rules and regulations shall be

filed with the county council of the county.

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(j) Removal of members.--A member may be removed for cause

by the court of common pleas of the county in which the

authority is located after having been provided with a copy of

the charges against the member for at least 10 days and a full

hearing by the court.

(k) Vacancy of members.--If a vacancy occurs by reason of

the death, resignation or removal of a member, the designated

appointing authority shall appoint a successor to fill the

unexpired term within 60 days.

Section 2. This act shall take effect in 60 days.

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