PRINTER'S NO. 2414
No. 1931 Session of 1999
INTRODUCED BY RUFFING, WALKO, SOLOBAY, CALTAGIRONE, BROWNE,
COSTA, DALEY, GIGLIOTTI, HARHAI, LEVDANSKY, PESCI, ROBERTS,
RUBLEY, SEYFERT, STEVENSON, TIGUE, TULLI, WOJNAROSKI AND
YOUNGBLOOD, OCTOBER 6, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 6, 1999
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," further providing for the eligibility of board
15 members.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 7A(b) of the act of May 2, 1945 (P.L.382,
19 No.164), known as the Municipality Authorities Act of 1945,
20 amended March 14, 1878 (P.L.12, No.7), is amended to read:
21 Section 7. Governing Body.--A. The powers of each Authority
22 shall be exercised by a governing body (herein called the
23 "Board") composed as follows:
1 * * *
2 (b) If the Authority is incorporated by two or more
3 municipalities, the board shall consist of a number of members
4 at least equal to the number of municipalities incorporating the
5 Authority, but in no event less than five. When one or more
6 additional municipalities join an existing Authority, each of
7 such joining municipalities shall have such membership on the
8 board as the municipalities then members of the Authority and
9 the joining municipalities may determine by appropriate
10 resolutions. The members of the board of a joint Authority shall
11 each be appointed by the governing body of the incorporating or
12 joining municipality he represents and their terms of office
13 shall commence on the date of appointment. One member shall
14 serve for one year, one for two years, one for three years, one
15 for four years and one for five years from the first Monday in
16 January next succeeding the date of incorporation, amendment or
17 joinder, and if there are more than five members of the board,
18 their terms shall be staggered in a similar manner for terms of
19 from one to five years from the first Monday in January next
20 succeeding. Thereafter, whenever a vacancy has occurred by
21 reason of the expiration of the term of any member, the
22 governing body of the municipality which has the power of
23 appointment shall appoint a member of the board for a term of
24 five years from the date of expiration of the prior term.
25 Except as herein provided for transit authorities created for
26 the purpose of eliminating grade crossings the members of the
27 board, each of whom shall be a [taxpayer in, maintain a business
28 in, or be a citizen] resident of the municipality by which he is
29 appointed or be a taxpayer in, maintain a business in, or be a
30 citizen of a municipality into which one or more of the projects
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1 of the Authority extends or is to extend or to which one or more
2 of said projects has been or is to be leased, shall be
3 appointed, their terms fixed and staggered, and vacancies
4 filled, and where two or more municipalities are members of the
5 Authority, shall be apportioned in such manner as the articles
6 of incorporation, the amendments thereof or the application for
7 membership required by section three point one of this act shall
8 provide not more than one non-resident shall be appointed to any
9 board.
10 If the Authority, is created for the purpose of eliminating
11 grade crossings, the members of the board, the majority of whom
12 shall be citizens of the municipality by which they are
13 appointed or of a municipality into which one or more of the
14 projects of the Authority extends or is to extend or to which
15 one or more of said projects has been or is to be leased, shall
16 be appointed, their terms fixed and staggered, and vacancies
17 filled, and where two or more municipalities are members of the
18 Authority, shall be apportioned in such manner as the articles
19 of incorporation, the amendments thereof or the application for
20 membership required by section 3.1 of this act shall provide.
21 * * *
22 Section 2. This act shall apply when constitutionally
23 permitted.
24 Section 3. This act shall take effect immediately.
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