PRINTER'S NO. 2079
No. 1652 Session of 2005
INTRODUCED BY RAYMOND, ALLEN, BALDWIN, BUNT, CIVERA, GEIST,
HENNESSEY, KILLION, KOTIK AND YOUNGBLOOD, JUNE 7, 2005
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 7, 2005
AN ACT
1 Amending Title 64 (Public Authorities and Quasi-Public
2 Corporations) of the Pennsylvania Consolidated Statutes,
3 further providing for governing board; and providing for
4 regional transportation authorities.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6005(a), (d), (e), (g), (i) and (k) of
8 Title 64 of the Pennsylvania Consolidated Statutes are amended
9 to read:
10 § 6005. Governing board.
11 (a) Appointment.--Power of the authority shall be exercised
12 by a governing board composed of [15] 17 members. Except as
13 provided in section 4 of the act of February 5, 2004 (P.L.7,
14 No.3), members of the board shall be appointed as follows:
15 (1) Each board of county commissioners or each county
16 council for each county within the Philadelphia Metropolitan
17 Statistical Area, excluding counties which are coterminous
18 with cities of the first class, shall appoint a resident of
19 its county as a member of the board by a majority vote of the
1 members of each board of county commissioners or each county
2 council. The term of office of a member of the board
3 appointed under this paragraph shall run concurrently with
4 the term of office of the chief executive officer of a city.
5 (2) The President pro tempore of the Senate, the
6 Minority Leader of the Senate, the Speaker of the House of
7 Representatives and the Minority Leader of the House of
8 Representatives shall each appoint one member of the board.
9 Each member shall serve at the pleasure of the member's
10 appointing authority. The term of office of a member of the
11 board appointed under this paragraph shall be for a period of
12 two years beginning on the third Tuesday of each January in
13 an odd-numbered year.
14 (3) The chief executive officer of the city in which a
15 convention center is located shall appoint one member of the
16 board who is a resident of the city in which the convention
17 center is located. The term of office of a member of the
18 board appointed under this paragraph shall run concurrently
19 with the term of office of the appointing authority.
20 (4) The chief executive officer of the city in which a
21 convention center is located shall appoint one member of the
22 board from five lists of four nominees prepared by each of
23 the following organizations:
24 (i) The Philadelphia Convention and Visitors Bureau.
25 (ii) The Multicultural Affairs Congress.
26 (iii) The Greater Philadelphia Tourism and Marketing
27 Corporation.
28 (iv) The Greater Philadelphia Hotel Association.
29 (v) The Independence Visitors Center Corporation.
30 Each of the four nominees of each of the five lists must be a
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1 resident of the city in which a convention center is located
2 and must have significant experience in the hospitality
3 industry. The term of office of a member of the board
4 appointed under this paragraph shall run concurrently with
5 the term of office of the appointing authority.
6 (5) The president of the council of the city in which a
7 convention center is located shall appoint as a member of the
8 board the member of the council of the city in whose council
9 district the majority of the convention center is located.
10 The term of office of a member of the board appointed under
11 this paragraph shall run concurrently with the term of office
12 of the appointing authority.
13 (6) The minority leader of the council of the city in
14 which a convention center is located shall appoint as a
15 member of the board a resident of the city in which a
16 convention center is located unless the minority leader is
17 enrolled in the same political party as the member of the
18 board appointed under paragraph (5) was enrolled on the date
19 of the member's most recent election to council. If the
20 minority leader of the council of the city in which a
21 convention center is located is enrolled in the same
22 political party as the member of the board appointed under
23 paragraph (5) was enrolled on the date of the member's most
24 recent election to council, the president of the council of
25 the city in which a convention center is located shall
26 appoint as a member of the board a resident of the city in
27 which the convention center is located. The term of office of
28 a member of the board appointed under this paragraph shall
29 run concurrently with the term of office of the appointing
30 authority.
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1 (7) The Governor shall appoint as a member of the board
2 a resident of the city in which the convention center is
3 located and shall appoint as a member of the board a resident
4 of the Philadelphia Metropolitan Statistical Area excluding
5 counties which are coterminous with cities of the first
6 class. The members of the board appointed under this
7 paragraph shall not be of the same political party. The
8 members of the board appointed under this paragraph shall be
9 appointed subject to the advice and consent of a majority of
10 the members elected to the Senate. The term of office of a
11 member of the board appointed under this paragraph shall run
12 concurrently with the term of office of the appointing
13 authority.
14 (7.1) The Governor shall appoint as a member of the
15 board a resident of the Philadelphia Metropolitan Statistical
16 Area who is the owner or an executive officer or manager of a
17 hotel located in the Philadelphia Metropolitan Statistical
18 Area. The member of the board appointed under this paragraph
19 shall not be of the same political party as the member of the
20 board appointed under paragraph (7.2). The member of the
21 board appointed under this paragraph shall be appointed
22 subject to the advice and consent of a majority of the
23 members elected to the Senate. The term of office of a member
24 of the board appointed under this paragraph shall run
25 concurrently with the term of office of the appointing
26 authority.
27 (7.2) The Governor shall appoint as a member of the
28 board a resident of the Commonwealth who is in an executive
29 management position of the largest airport located in the
30 Philadelphia Metropolitan Statistical Area. The member of the
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1 board appointed under this paragraph shall not be of the same
2 political party as the member of the board appointed under
3 paragraph (7.1). The member of the board appointed under this
4 paragraph shall be appointed subject to the advice and
5 consent of a majority of the members elected to the Senate.
6 The term of office of a member of the board appointed under
7 this paragraph shall run concurrently with the term of office
8 of the appointing authority.
9 (8) The members of the board who are appointed under
10 paragraphs (1) [through (7)], (2), (3), (4), (5), (6), (7),
11 (7.1) and (7.2) shall, by a vote of [eight] nine members of
12 the board, appoint an additional member to the board who
13 shall serve as a chairman of the board. The member appointed
14 under this paragraph shall serve for a term coincident with
15 the term of the members of the board appointed under
16 paragraph (2). In the event the members of the board who are
17 appointed under paragraphs (1) [through (7)], (2), (3), (4),
18 (5), (6), (7), (7.1) and (7.2) cannot agree on an additional
19 member within 60 days of the office becoming vacant, the
20 Governor shall appoint an additional member of the board who
21 shall serve as chairman subject to the advice and consent of
22 a majority of the members elected to the Senate. The member
23 of the board appointed under this paragraph by either the
24 members of the board or the Governor shall serve as a member
25 of and chairman of the board until his successor is duly
26 appointed.
27 (9) The Secretary of the Budget shall serve as a
28 nonvoting ex officio member of the board. If the chief
29 financial officer of the city in which the convention center
30 is located is not an appointed member of the board, he shall
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1 serve as a nonvoting ex officio member of the board.
2 * * *
3 (d) Compensation.--Subject to an aggregate per annum
4 limitation and any other rules and regulations as the board
5 shall determine, a member shall receive $125 per diem when
6 engaged in the exercise of duties for the authority and shall
7 also be entitled to necessary expenses, including travel
8 expenses, incurred in the discharge of duties. In addition to
9 any other compensation provided under this subsection, the
10 chairman of the board of the authority shall be entitled to
11 receive such additional compensation as the board shall
12 determine. No other member of the board shall be entitled to any
13 additional compensation for extra service provided to the
14 authority. The per diem amount may be increased by a vote of
15 [eight] nine members of the board, but any increase shall not
16 apply during the term of office of board members voting or
17 eligible to vote on the per diem increase.
18 (e) Organization.--The members of the board shall select a
19 vice chairman and other officers as the board may determine from
20 the members of the board. Except as otherwise provided in this
21 chapter, all actions of the board shall be taken by a vote of
22 [eight] nine members of the board. The board shall have full
23 authority to manage the properties and business of the authority
24 and to prescribe, amend and repeal bylaws, rules and regulations
25 governing the manner in which the business of the authority may
26 be conducted and the powers granted to it may be exercised and
27 embodied. Notwithstanding any other law, court decision,
28 precedent or practice to the contrary, no actions by or on
29 behalf of the board shall be taken by any officer of the board
30 except upon the approval of a majority of the board. The
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1 chairman, vice chairman or any other officer, committee or
2 employee of the board may take actions by or on behalf of the
3 board as authorized on at least an annual basis by a vote of
4 [eight] nine members of the board and subject to the supervision
5 and control of the board.
6 * * *
7 (g) Meetings.--Regular meetings of the board shall be held
8 at least once in each calendar month except July or August, the
9 time and place of the meetings to be fixed by the board. A
10 majority of the board shall constitute a quorum for the
11 transaction of business. All actions of the board shall be by
12 resolutions, and the affirmative vote of [eight] nine members of
13 the board shall be necessary for the adoption of any resolution.
14 * * *
15 (i) Chairman removal.--The member of the board appointed
16 under subsection (a)(8) may be removed from the board only for
17 misfeasance or malfeasance by a vote of [eight] nine members of
18 the board. Prior to the member being removed, the member of the
19 board appointed under subsection (a)(8) must be given a copy of
20 the charges and an opportunity to be heard. Notice of the
21 charges must be provided at least ten days prior to the
22 opportunity to be heard. A hearing conducted in accordance with
23 this subsection must be held at a public meeting of the board.
24 The vice chairman of the board shall file a copy of the charges,
25 a copy of the record of the proceedings and a copy of the
26 findings of the board with the Department of State. If the
27 member of the board appointed under subsection (a)(8) is removed
28 by the board, the members of the board appointed under
29 subsection (a)(1) [through (7)], (2), (3), (4), (5), (6), (7),
30 (7.1) and (7.2) shall appoint an additional member to the board
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1 in accordance with the provisions of subsection (a)(8).
2 * * *
3 (k) Removal of chairman.--The member of the board appointed
4 under subsection (a)(8) may be removed from the board by a vote
5 of [eight] nine members of the board.
6 Section 2. Title 64 is amended by adding a part to read:
7 PART IV
8 REGIONAL TRANSPORTATION AUTHORITIES
9 Subpart
10 A. Mass Transit Authorities
11 B. Airports
12 SUBPART A
13 MASS TRANSIT AUTHORITIES
14 Chapter
15 89. Southeastern Transportation Authority
16 CHAPTER 89
17 SOUTHEASTERN TRANSPORTATION AUTHORITY
18 (RESERVED)
19 SUBPART B
20 AIRPORTS
21 (RESERVED)
22 Section 3. This act shall take effect immediately.
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