HOUSE AMENDED PRIOR PRINTER'S NO. 872 PRINTER'S NO. 1100
No. 780 Session of 2001
INTRODUCED BY ROBBINS, PUNT, EARLL, THOMPSON, WOZNIAK, WENGER, LEMMOND, CORMAN, M. WHITE, RHOADES, WAUGH, MOWERY AND CONTI, APRIL 4, 2001
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 5, 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:
1 (a) If the Authority is incorporated by one municipality the 2 board shall consist of such number of members not less than five 3 as shall be set forth in the articles of incorporation or 4 amendment thereto. The governing body of such municipality shall 5 appoint the members of the board, whose terms of office shall 6 commence on the date of appointment. One member shall serve for 7 one year, one for two years, one for three years, one for four 8 years and one for five years from the first Monday in January 9 next succeeding the date of incorporation or amendment, and if 10 there are more than five members of the board, their terms shall 11 be staggered in a similar manner for terms of from one to five 12 years from the first Monday in January next succeeding. 13 Thereafter whenever a vacancy has occurred by reason of the 14 expiration of the term of any member, the said governing body 15 shall appoint a member of the board for a term of five years 16 from the date of expiration of the prior term to succeed the 17 member whose term has expired. 18 (b) If the Authority is incorporated by two or more 19 municipalities, the board shall consist of a number of members 20 at least equal to the number of municipalities incorporating the 21 Authority, but in no event less than five. When one or more 22 additional municipalities join an existing Authority, each of 23 such joining municipalities shall have such membership on the 24 board as the municipalities then members of the Authority and 25 the joining municipalities may determine by appropriate 26 resolutions. The members of the board of a joint Authority shall 27 each be appointed by the governing body of the incorporating or 28 joining municipality he represents and their terms of office 29 shall commence on the date of appointment. One member shall 30 serve for one year, one for two years, one for three years, one 20010S0780B1100 - 2 -
1 for four years and one for five years from the first Monday in 2 January next succeeding the date of incorporation, amendment or 3 joinder, and if there are more than five members of the board, 4 their terms shall be staggered in a similar manner for terms of 5 from one to five years from the first Monday in January next 6 succeeding. Thereafter, whenever a vacancy has occurred by 7 reason of the expiration of the term of any member, the 8 governing body of the municipality which has the power of 9 appointment shall appoint a member of the board for a term of 10 five years from the date of expiration of the prior term. 11 Except as herein provided for transit authorities created for 12 the purpose of eliminating grade crossings the members of the 13 board, each of whom shall be a [resident] taxpayer in, maintain 14 a business in, or be a citizen of the municipality by which he 15 is appointed or be a taxpayer in, maintain a business in, or be 16 a citizen of a municipality into which one or more of the 17 projects of the Authority extends or is to extend or to which 18 one or more of said projects has been or is to be leased, shall 19 be appointed, their terms fixed and staggered, and vacancies 20 filled, and where two or more municipalities are members of the 21 Authority, shall be apportioned in such manner as the articles 22 of incorporation, the amendments thereof or the application for 23 membership required by section three point one of this act[.] 24 shall provide. A EXCEPT FOR SPECIAL SERVICE DISTRICTS LOCATED IN <-- 25 WHOLE OR IN PART IN CITIES OF THE FIRST CLASS, A majority of an 26 Authority's board members shall be citizens residing in the 27 incorporating municipality or incorporating municipalities of 28 the Authority. 29 If the Authority, is created for the purpose of eliminating 30 grade crossings, the members of the board, the majority of whom 20010S0780B1100 - 3 -
1 shall be citizens of the municipality by which they are 2 appointed or of a municipality into which one or more of the 3 projects of the Authority extends or is to extend or to which 4 one or more of said projects has been or is to be leased, shall 5 be appointed, their terms fixed and staggered, and vacancies 6 filled, and where two or more municipalities are members of the 7 Authority, shall be apportioned in such manner as the articles 8 of incorporation, the amendments thereof or the application for 9 membership required by section 3.1 of this act shall provide. 10 Unless excused by the board, a member of a board who fails to 11 attend three consecutive meetings of the board may be removed by 12 the appointing municipality up to sixty days after the date of 13 the third meeting of the board which the member failed to 14 attend. 15 * * * 16 Section 2. Notwithstanding any provision of section 2 of the 17 act of December 20, 2000 (P.L.792, No.112) entitled "An act 18 amending the act of May 2, 1945 (P.L.382, No.164), entitled 'An 19 act providing for the incorporation as bodies corporate and 20 politic of "Authorities" for municipalities, counties and 21 townships; prescribing the rights, powers and duties of such 22 Authorities heretofore or hereafter incorporated; authorizing 23 such Authorities to acquire, construct, improve, maintain and 24 operate projects, and to borrow money and issue bonds therefor; 25 providing for the payment of such bonds, and prescribing the 26 rights of the holders thereof; conferring the right of eminent 27 domain on such Authorities; authorizing such Authorities to 28 enter into contracts with and to accept grants from the Federal 29 Government or any agency thereof; and conferring exclusive 30 jurisdiction on certain courts over rates,'" to the contrary, 20010S0780B1100 - 4 -
1 any member of a board of an Authority who was appointed prior to 2 the effective date of the act of December 20, 2000 (P.L.792, 3 No.112) and who was qualified to be a member of a board under 4 section 7A of the act immediately prior to enactment of the act 5 of December 20, 2000 (P.L.792, No.112) shall remain and be 6 deemed to have remained at all times qualified to be a member of 7 such board until the regular expiration of such member's term. 8 Section 3. This act shall take effect in 30 days. D2L64JS/20010S0780B1100 - 5 -