PRINTER'S NO. 872
No. 780 Session of 2001
INTRODUCED BY ROBBINS, PUNT, EARLL, THOMPSON, WOZNIAK, WENGER,
LEMMOND, CORMAN, M. WHITE, RHOADES, WAUGH AND MOWERY,
APRIL 4, 2001
REFERRED TO LOCAL GOVERNMENT, APRIL 4, 2001
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 purposes and powers of an
15 authority and for governing body residency requirements.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 7A of the act of May 2, 1945 (P.L.382,
19 No.164), known as the Municipality Authorities Act of 1945,
20 amended December 20, 2000 (P.L.792, No.112), 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:
24 (a) If the Authority is incorporated by one municipality the
1 board shall consist of such number of members not less than five
2 as shall be set forth in the articles of incorporation or
3 amendment thereto. The governing body of such municipality shall
4 appoint the members of the board, whose terms of office shall
5 commence on the date of appointment. One member shall serve for
6 one year, one for two years, one for three years, one for four
7 years and one for five years from the first Monday in January
8 next succeeding the date of incorporation or amendment, and if
9 there are more than five members of the board, their terms shall
10 be staggered in a similar manner for terms of from one to five
11 years from the first Monday in January next succeeding.
12 Thereafter whenever a vacancy has occurred by reason of the
13 expiration of the term of any member, the said governing body
14 shall appoint a member of the board for a term of five years
15 from the date of expiration of the prior term to succeed the
16 member whose term has expired.
17 (b) If the Authority is incorporated by two or more
18 municipalities, the board shall consist of a number of members
19 at least equal to the number of municipalities incorporating the
20 Authority, but in no event less than five. When one or more
21 additional municipalities join an existing Authority, each of
22 such joining municipalities shall have such membership on the
23 board as the municipalities then members of the Authority and
24 the joining municipalities may determine by appropriate
25 resolutions. The members of the board of a joint Authority shall
26 each be appointed by the governing body of the incorporating or
27 joining municipality he represents and their terms of office
28 shall commence on the date of appointment. One member shall
29 serve for one year, one for two years, one for three years, one
30 for four years and one for five years from the first Monday in
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1 January next succeeding the date of incorporation, amendment or
2 joinder, and if there are more than five members of the board,
3 their terms shall be staggered in a similar manner for terms of
4 from one to five years from the first Monday in January next
5 succeeding. Thereafter, whenever a vacancy has occurred by
6 reason of the expiration of the term of any member, the
7 governing body of the municipality which has the power of
8 appointment shall appoint a member of the board for a term of
9 five years from the date of expiration of the prior term.
10 Except as herein provided for transit authorities created for
11 the purpose of eliminating grade crossings the members of the
12 board, each of whom shall be a [resident] taxpayer in, maintain
13 a business in, or be a citizen of the municipality by which he
14 is appointed or be a taxpayer in, maintain a business in, or be
15 a citizen of a municipality into which one or more of the
16 projects of the Authority extends or is to extend or to which
17 one or more of said projects has been or is to be leased, shall
18 be appointed, their terms fixed and staggered, and vacancies
19 filled, and where two or more municipalities are members of the
20 Authority, shall be apportioned in such manner as the articles
21 of incorporation, the amendments thereof or the application for
22 membership required by section three point one of this act[.]
23 shall provide. A majority of an Authority's board members shall
24 be citizens residing in the incorporating municipality or
25 incorporating municipalities of the Authority.
26 If the Authority, is created for the purpose of eliminating
27 grade crossings, the members of the board, the majority of whom
28 shall be citizens of the municipality by which they are
29 appointed or of a municipality into which one or more of the
30 projects of the Authority extends or is to extend or to which
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1 one or more of said projects has been or is to be leased, shall
2 be appointed, their terms fixed and staggered, and vacancies
3 filled, and where two or more municipalities are members of the
4 Authority, shall be apportioned in such manner as the articles
5 of incorporation, the amendments thereof or the application for
6 membership required by section 3.1 of this act shall provide.
7 Unless excused by the board, a member of a board who fails to
8 attend three consecutive meetings of the board may be removed by
9 the appointing municipality up to sixty days after the date of
10 the third meeting of the board which the member failed to
11 attend.
12 * * *
13 Section 2. Notwithstanding any provision of section 2 of the
14 act of December 20, 2000 (P.L.792, No.112) entitled "An act
15 amending the act of May 2, 1945 (P.L.382, No.164), entitled ' an
16 act providing for the incorporation as bodies corporate and
17 politic of "Authorities" for municipalities, counties and
18 townships; prescribing the rights, powers and duties of such
19 Authorities heretofore or hereafter incorporated; authorizing
20 such Authorities to acquire, construct, improve, maintain and
21 operate projects, and to borrow money and issue bonds therefor;
22 providing for the payment of such bonds, and prescribing the
23 rights of the holders thereof; conferring the right of eminent
24 domain on such Authorities; authorizing such Authorities to
25 enter into contracts with and to accept grants from the Federal
26 Government or any agency thereof; and conferring exclusive
27 jurisdiction on certain courts over rates,'" to the contrary,
28 any member of a board of an Authority who was appointed prior to
29 the effective date of the act of December 20, 2000 (P.L.792,
30 No.112) and who was qualified to be a member of a board under
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1 section 7A of the act immediately prior to enactment of the act
2 of December 20, 2000 (P.L.792, No.112) shall remain and be
3 deemed to have remained at all times qualified to be a member of
4 such board until the regular expiration of such member's term.
5 Section 3. This act shall take effect in 30 days.
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