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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FABRIZIO, J. EVANS, HARKINS, HORNAMAN AND SONNEY, APRIL 29, 2010 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 29, 2010 |
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| AN ACT |
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1 | Amending the act of August 9, 1955 (P.L.323, No.130), entitled, |
2 | as amended, "An act relating to counties of the first, third, |
3 | fourth, fifth, sixth, seventh and eighth classes; amending, |
4 | revising, consolidating and changing the laws relating |
5 | thereto; relating to imposition of excise taxes by counties, |
6 | including authorizing imposition of an excise tax on the |
7 | rental of motor vehicles by counties of the first class; and |
8 | providing for regional renaissance initiatives," further |
9 | providing for the governing board of the convention center |
10 | authority. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 2399.61 of the act of August 9, 1955 |
14 | (P.L.323, No.130), known as The County Code, added October 18, |
15 | 2000 (P.L.541, No.73), is amended to read: |
16 | Section 2399.61. Governing Board.--(a) The power of the |
17 | authority shall be exercised by a governing board composed of |
18 | [nine] eleven members appointed as follows: |
19 | (1) [The mayor or, if there is no mayor, the elected chief |
20 | executive officer, of the county seat] Seven members shall be |
21 | appointed by the county council or the equivalent governing body |
22 | of the county in which the convention center facilities are |
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1 | located [shall appoint, with the advice and consent of the city |
2 | council or equivalent body, three members. The term of office of |
3 | these members shall be four years. The terms of the first three |
4 | members appointed shall be allocated among them for a two-year, |
5 | three-year and four-year term, respectively. In all cases, the |
6 | beginning of the term shall be deemed January 1 of the year of |
7 | appointment, subject to subsection (b)]. |
8 | (2) [The county executive or other elected chief executive |
9 | officer of the county or, if there is no county executive or |
10 | elected chief executive officer of the county, the governing |
11 | body of the county in which the convention center facilities are |
12 | located shall appoint four members. Appointments by a county |
13 | executive or other elected chief executive officer shall be with |
14 | the advice and consent of the county council or equivalent body. |
15 | The term of office of these members shall be four years. The |
16 | terms of the first four members appointed shall be allocated |
17 | among them for a one-year, two-year, three-year and four-year |
18 | term, respectively. In all cases, the beginning of the term |
19 | shall be deemed January 1 of the year of appointment, subject to |
20 | subsection (b).] Two members shall be appointed by the mayor of |
21 | the city in which the convention center is located, or, if in a |
22 | township, by the township supervisors. |
23 | (3) Two members shall be appointed by the Governor with the |
24 | advice and consent of a majority of the members of the Senate. |
25 | [(4) If the authority created pursuant to section 2399.54 is |
26 | created by the county acting alone, seven members shall be |
27 | appointed under clause (2). The term of office of these members |
28 | shall be four years. The terms of the first members appointed |
29 | shall be allocated among them as follows: a one-year term, two |
30 | two-year terms, two three-year terms and two four-year terms.] |
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1 | (b) Except as otherwise provided, members shall serve a |
2 | four-year term from the date of their appointment and until |
3 | their successors have been appointed and qualified. If a vacancy |
4 | shall occur by means of the death, disqualification, resignation |
5 | or removal of a member, subject to the provisions of subsection |
6 | (a), the appointing authority shall appoint a successor to fill |
7 | the unexpired term. |
8 | (c) The members of the board shall not be compensated for |
9 | their service on the board or for any other position in which |
10 | they may serve the authority. The authority may reimburse |
11 | members for reasonable and necessary out-of-pocket expenses |
12 | incurred by members in carrying out the business of the |
13 | authority. |
14 | (d) (1) The members of the board shall select from among |
15 | themselves a chairman and such other officers as the board may |
16 | determine. Except as otherwise provided, all actions of the |
17 | board shall be taken by a vote of at least five members of the |
18 | board, which shall constitute a majority of the board, unless |
19 | the bylaws of the authority shall provide for a majority vote by |
20 | a present quorum of not less than five members in the absence of |
21 | a full board. The board shall have full authority to manage the |
22 | properties and business of the authority and to prescribe, amend |
23 | and repeal bylaws, rules and regulations governing the manner in |
24 | which the business of the authority may be conducted and the |
25 | powers granted to it may be exercised and embodied. |
26 | Notwithstanding any other law, court decision, precedent or |
27 | practice to the contrary, no actions by or on behalf of the |
28 | board shall be taken by an officer of the board or the authority |
29 | except upon the approval or prior authorization of the board. As |
30 | used in this subsection, the term "actions by or on behalf of |
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1 | the board" means any action whatsoever of the board, including, |
2 | but not limited to, the hiring, appointment, removal, transfer, |
3 | promotion or demotion of any officers and employes, the |
4 | retention, use or remuneration of advisors, counsel, auditors, |
5 | architects, engineers or consultants, the initiation of legal |
6 | action, the making of contracts, leases, agreements, bonds, |
7 | notes or covenants, the approval of requisitions, purchase |
8 | orders, investments and reinvestments, and the adoption, |
9 | amendment, revision or rescission of rules and regulations, |
10 | orders or other directives. |
11 | (2) The board shall appoint an executive director, who shall |
12 | act as the chief executive officer of the authority. The |
13 | executive director shall not be a member of the board. |
14 | Notwithstanding the provisions of clause (1), the board may, by |
15 | bylaw or by resolution, delegate to the executive director the |
16 | authority and power to carry out the day-to-day operations of |
17 | the authority and to exercise those powers which are normal, |
18 | customary and necessary to perform the duties of a chief |
19 | executive officer. |
20 | (3) The board may appoint such assistant and other officers, |
21 | including assistant secretaries and assistant treasurers, as the |
22 | board determines to be appropriate to carry out the business of |
23 | the authority. Assistant secretaries and assistant treasurers |
24 | may be members of the board. |
25 | (4) The board may appoint one or more deputy executive |
26 | directors who, to the extent authorized by the board, may |
27 | exercise the duties and powers of the executive director in the |
28 | executive director's absence or incapacity or in the event of a |
29 | vacancy in the office of executive director. |
30 | (e) Members of the board shall not be liable personally on |
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1 | the bonds or other obligations of the authority, and the rights |
2 | of creditors shall be solely against the authority. The |
3 | authority, itself or by contract, shall defend board members, |
4 | and the authority shall indemnify and hold harmless board |
5 | members, whether or not currently serving as a member of the |
6 | authority, against and from any and all personal liabilities, |
7 | actions, causes of action and claims made against them for |
8 | whatever actions they perform within the scope of their duties |
9 | as board members. |
10 | Section 2. This act shall take effect in 60 days. |
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