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A00907
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1074
Session of
2019
INTRODUCED BY TURZAI, HENNESSEY, RYAN, BERNSTINE, PICKETT, PYLE,
ROTHMAN, STAATS, MEHAFFIE, BARRAR, MILLARD, B. MILLER,
LAWRENCE, JONES, MOUL, WARNER, SCHMITT, O'NEAL, MIZGORSKI,
PUSKARIC, ORTITAY, DOWLING, REESE, KAIL, WALSH AND MIHALEK,
APRIL 5, 2019
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 29, 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:
ยง 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
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prohibit a current member from being reappointed by an
appointing authority under this chapter.
(c) Membership.--The board shall be composed of the
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
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thereafter by a four-year term:
(i) Four appointees under subsection (c)(3) shall
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 APPOINTED IN ACCORDANCE
WITH SUBSECTION (D) 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) Conflict of interest.--No member of the authority or
officer or employee of the authority may directly or indirectly
be a party to or be interested in any contract or agreement with
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the authority if the contract or agreement establishes liability
against or indebtedness of the authority. Any contract or
agreement made in violation of this subsection is void, and no
action may be maintained on the agreement against the authority.
(i) (j) 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
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 SEVEN 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
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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.
(j) (k) Removal of members.--A member APPOINTED UNDER
SUBSECTION (C)(1) OR (2) MAY BE REMOVED WITH OR WITHOUT CAUSE BY
THE APPOINTING AUTHORITY. A MEMBER APPOINTED UNDER SUBSECTION
(C)(3) 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) (l) 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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