Bill Text: PA HB2477 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for applicability, for enumeration of elected officers and for official records of coroner; adding provisions for required fiscal security through bonding, blanket bonding and insuring of elected and appointed county officers and employees; providing for determining the form, amount and payment of premiums for and the filing and recording of the required security, for the subsequent issuance of official commissions; further providing for the governing board of the convention center authority; and making related repeals.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2010-11-17 - Presented to the Governor [HB2477 Detail]

Download: Pennsylvania-2009-HB2477-Amended.html

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PRIOR PRINTER'S NOS. 3677, 3882 PRINTER'S NO. 3956
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2477 Session of2010
INTRODUCED BY FABRIZIO, J. EVANS, HARKINS, HORNAMAN AND SONNEY, APRIL 29, 2010
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 2010
AN ACT
Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
as amended, "An act relating to counties of the first, third,
fourth, fifth, sixth, seventh and eighth classes; amending,
revising, consolidating and changing the laws relating
thereto; relating to imposition of excise taxes by counties,
including authorizing imposition of an excise tax on the
rental of motor vehicles by counties of the first class; and
providing for regional renaissance initiatives," further
providing for the governing board of the convention center
authority.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2399.61 of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, added October 18,
2000 (P.L.541, No.73), is amended to read:
Section 2399.61. Governing Board.--(a) The power of the
authority shall be exercised by a governing board composed of
[nine] eleven members appointed as follows:
(1) [The mayor or, if there is no mayor, the elected chief <--
executive officer, of the county seat] Seven members shall be
appointed by the county council or the equivalent governing body
of the county in which the convention center facilities are
located [shall appoint, with the advice and consent of the city
council or equivalent body, three members. The term of office of
these members shall be four years. The terms of the first three
members appointed shall be allocated among them for a two-year,
three-year and four-year term, respectively. In all cases, the
beginning of the term shall be deemed January 1 of the year of
appointment, subject to subsection (b)].
(2) [The county executive or other elected chief executive
officer of the county or, if there is no county executive or
elected chief executive officer of the county, the governing
body of the county in which the convention center facilities are
located shall appoint four members. Appointments by a county
executive or other elected chief executive officer shall be with
the advice and consent of the county council or equivalent body.
The term of office of these members shall be four years. The
terms of the first four members appointed shall be allocated
among them for a one-year, two-year, three-year and four-year
term, respectively. In all cases, the beginning of the term
shall be deemed January 1 of the year of appointment, subject to
subsection (b).] Two members shall be appointed by the mayor of
the city in which the convention center is located, or, if in a
township, by the township supervisors.
(1) The mayor or, if there is no mayor, the [elected chief <--
executive officer, of the county seat] governing body of the
municipality in which the convention center facilities are
located shall appoint[, with the advice and consent of the city
council or equivalent body, three] two members. The term of
office of these members shall be four years. The terms of the
first [three] two members appointed shall be allocated [among]
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between them for a two-year[, three-year] and four-year term,
respectively. In all cases, the beginning of the term shall be
deemed January 1 of the year of appointment, subject to
subsection (b).
(2) The county [executive or other elected chief executive
officer of the county] council or, if there is no county
[executive or elected chief executive officer of the county]
council, the governing body of the county in which the
convention center facilities are located shall appoint [four]
seven members. [Appointments by a county executive or other
elected chief executive officer shall be with the advice and
consent of the county council or equivalent body.] The term of
office of these members shall be four years. The terms of the
first [four] seven members appointed shall be allocated among
them [for a] as follows: one one-year term, two two-year terms,
two three-year terms and two four-year [term, respectively]
terms. In all cases, the beginning of the term shall be deemed
January 1 of the year of appointment, subject to subsection (b).
(3) Two members shall be appointed by the Governor with the
advice and consent of a majority of the members of the Senate.
[(4) If the authority created pursuant to section 2399.54 is
created by the county acting alone, seven members shall be
appointed under clause (2). The term of office of these members
shall be four years. The terms of the first members appointed
shall be allocated among them as follows: a one-year term, two
two-year terms, two three-year terms and two four-year terms.]
(b) Except as otherwise provided, members shall serve a
four-year term from the date of their appointment and until
their successors have been appointed and qualified. If a vacancy
shall occur by means of the death, disqualification, resignation
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or removal of a member, subject to the provisions of subsection
(a), the appointing authority shall appoint a successor to fill
the unexpired term.
(c) The members of the board shall not be compensated for
their service on the board or for any other position in which
they may serve the authority. The authority may reimburse
members for reasonable and necessary out-of-pocket expenses
incurred by members in carrying out the business of the
authority.
(d) (1) The members of the board shall select from among
themselves a chairman and such other officers as the board may
determine. Except as otherwise provided, all actions of the
board shall be taken by a vote of at least [five] six members of <--
the board, which shall constitute a majority of the board,
unless the bylaws of the authority shall provide for a majority
vote by a present quorum of not less than [five] six members in <--
the absence of a full board. The board shall have full authority
to manage the properties and business of the authority and to
prescribe, amend and repeal bylaws, rules and regulations
governing the manner in which the business of the authority may
be conducted and the powers granted to it may be exercised and
embodied. Notwithstanding any other law, court decision,
precedent or practice to the contrary, no actions by or on
behalf of the board shall be taken by an officer of the board or
the authority except upon the approval or prior authorization of
the board. As used in this subsection, the term "actions by or
on behalf of the board" means any action whatsoever of the
board, including, but not limited to, the hiring, appointment,
removal, transfer, promotion or demotion of any officers and
employes, the retention, use or remuneration of advisors,
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counsel, auditors, architects, engineers or consultants, the
initiation of legal action, the making of contracts, leases,
agreements, bonds, notes or covenants, the approval of
requisitions, purchase orders, investments and reinvestments,
and the adoption, amendment, revision or rescission of rules and
regulations, orders or other directives.
(2) The board shall appoint an executive director, who shall
act as the chief executive officer of the authority. The
executive director shall not be a member of the board.
Notwithstanding the provisions of clause (1), the board may, by
bylaw or by resolution, delegate to the executive director the
authority and power to carry out the day-to-day operations of
the authority and to exercise those powers which are normal,
customary and necessary to perform the duties of a chief
executive officer.
(3) The board may appoint such assistant and other officers,
including assistant secretaries and assistant treasurers, as the
board determines to be appropriate to carry out the business of
the authority. Assistant secretaries and assistant treasurers
may be members of the board.
(4) The board may appoint one or more deputy executive
directors who, to the extent authorized by the board, may
exercise the duties and powers of the executive director in the
executive director's absence or incapacity or in the event of a
vacancy in the office of executive director.
(e) Members of the board shall not be liable personally on
the bonds or other obligations of the authority, and the rights
of creditors shall be solely against the authority. The
authority, itself or by contract, shall defend board members,
and the authority shall indemnify and hold harmless board
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members, whether or not currently serving as a member of the
authority, against and from any and all personal liabilities,
actions, causes of action and claims made against them for
whatever actions they perform within the scope of their duties
as board members.
Section 2. This act shall take effect in 60 days. <--
Section 2. The amendment of section 2399.61(a)(1) of the act <--
shall apply as follows to a city which, on the effective date of
this section, has established a Third Class County Convention
Center under Article XXIII(o) of the act:
(1) The amendment shall not affect the term of a member
serving on the effective date of this section.
(2) The reduction of appointments from three to two
shall apply as follows:
(i) Except as set otherwise set forth in this
paragraph, to an office which is vacant on the effective
date of this section.
(ii) If there is no vacancy under subparagraph (i),
to an office of a member who, on the effective date of
this section, is serving past the expiration date of the
member's term until a successor is appointed.
(iii) If there is no vacancy under subparagraph (i)
and there is no office subject to subparagraph (ii), to
the office of the first member whose term expires after
the effective date of this section.
Section 3. The amendment of section 2399.61(a)(2) of the act
shall apply as follows to a county which, on the effective date
of this section, has established a Third Class County Convention
Center under Article XXIII(o) of the act:
(1) The amendment shall not affect the term of a member
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serving on the effective date of this section.
(2) A member serving on the effective date of this
section shall complete the term to which the member is
appointed as follows:
(i) One term shall expire December 31, 2010.
(ii) One term shall expire December 31, 2012.
(iii) Two terms shall expire December 31, 2013.
(3) If a member serving on the effective date of this
section is unable to complete the term to which the member is
appointed in accordance with paragraph (2):
(i) a replacement shall be appointed by the
appointing authority that made the original appointment;
and
(ii) the replacement appointed under subparagraph
(i) shall complete that term.
(4) The seven appointments made by the county council
under the amendment shall be as follows:
(i) Three initial appointments shall be made upon
the effective date of this section for the following
terms:
(A) One term shall expire December 31, 2010.
(B) Two terms shall expire December 31, 2011.
(ii) The remaining four initial appointments shall
be made to fill the vacancies resulting from the
expiration of the terms under paragraph (2).
(iii) Subsequent appointments shall be made under
section 2399.61(a)(2) of the act.
Section 4. This act shall take effect immediately.
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