Bill Text: PA HB465 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the governing body of the Pennsylvania Higher Education Assistance Agency.

Spectrum: Slight Partisan Bill (Democrat 13-6)

Status: (Introduced - Dead) 2009-02-18 - Referred to FINANCE [HB465 Detail]

Download: Pennsylvania-2009-HB465-Introduced.html

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PRINTER'S NO. 518
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 465 Session of2009
INTRODUCED BY McILVAINE SMITH, BEYER, BRENNAN, CAUSER, CREIGHTON, DePASQUALE, FRANKEL, GRUCELA, HORNAMAN, KORTZ, LEVDANSKY, REED, ROAE, SIPTROTH, K. SMITH, VULAKOVICH AND WALKO, FEBRUARY 18, 2009
REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 18, 2009
AN ACT
Amending the act of August 7, 1963 (P.L.549, No.290), entitled,
as amended, "An act creating the Pennsylvania Higher
Education Assistance Agency; defining its powers and duties;
conferring powers and imposing duties on the Governor,
President Pro Tempore of the Senate, Speaker of the House of
Representatives, Superintendent of Public Instruction and the
Department of Auditor General; and making appropriations,"
further providing for the governing body of the Pennsylvania
Higher Education Assistance Agency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of August 7, 1963 (P.L.549,
No.290), referred to as the Pennsylvania Higher Education
Assistance Agency Act, amended January 18, 1968 (1967 P.L.952,
No.424), is amended to read:
Section 3. Governing Bodies.--(a) Such agency shall be
governed and all of its corporate powers exercised by a board of
directors. [which shall consist of twenty members, nineteen of
whom shall be appointed as hereinafter provided, and the
Superintendent of Public Instruction. Three members shall be
appointed by the Governor, eight shall be appointed by the
President Pro Tempore of the Senate, and eight shall be
appointed by the Speaker of the House of Representatives. All
members shall be of full age, citizens of the United States and
residents of the State, and shall be appointed for terms of six
years each, except that of the members first appointed by the
Governor, one shall be appointed for a term which shall expire
on June 30, 1965, one for a term which shall expire on June 30,
1967, and one for a term which shall expire on June 30, 1969,
and of the members first appointed by the President Pro Tempore
of the Senate, one shall be appointed for a term which shall
expire on June 30, 1965, one for a term which shall expire on
June 30, 1967, and one for a term which shall expire on June 30,
1969, and of the members first appointed by the Speaker of the
House of Representatives, one shall be appointed for a term
which shall expire on June 30, 1965, one for a term which shall
expire on June 30, 1967, and one for a term which shall expire
on June 30, 1969; and of the five additional members to be
appointed by the President Pro Tempore of the Senate under this
amendment, one shall be appointed for a term which shall expire
on June 30, 1969, two for a term which shall expire on June 30,
1971, one for a term which shall expire on June 30, 1973 and one
for a term which shall expire on June 30, 1975, and of the five
additional members to be appointed by the Speaker of the House
of Representatives under this amendment, one shall be appointed
for a term which shall expire on June 30, 1969, two for a term
which shall expire on June 30, 1971, one for a term which shall
expire on June 30, 1973 and one for a term which shall expire on
June 30, 1975. The eight members appointed by the President Pro
Tempore of the Senate shall be members of the Senate, four of
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whom shall be of the majority party and four of the minority
party, and the eight members appointed by the Speaker of the
House of Representatives shall be members of the House of
Representatives, four of whom shall be of the majority party and
four of the minority party, and any]
(a.1) On June 30, 2009, the board of directors as
constituted on that date is dissolved, and thereafter members of
the board of directors shall be as follows:
(1) The Secretary of Education.
(2) The Secretary of Banking.
(3) The State Treasurer.
(4) Three members appointed by the Governor, one of whom
shall have expertise in banking, one of whom shall have
expertise in investments and one of whom shall have expertise in
issuing bonds or underwriting of bonds.
(5) Five members appointed by the Majority Leader of the
Senate, two of whom shall be members of the Senate and of the
majority party, one of whom shall be a representative from a
State-related university, one of whom shall be a representative
from a private college or university located in this
Commonwealth and one of whom shall be a representative from a
community college located in this Commonwealth.
(6) Two members appointed by the Minority Leader of the
Senate, both of whom shall be members of the Senate and of the
minority party.
(7) Five members appointed by the Majority Leader of the
House of Representatives, two of whom shall be members of the
House of Representatives and of the majority party, one of whom
shall be a representative from a State-related university, one
of whom shall be a representative from a private college or
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university located in this Commonwealth and one of whom shall be
a representative from a community college located in this
Commonwealth.
(8) Two members appointed by the Minority Leader of the
House of Representatives, both of whom shall be members of the
House of Representatives and of the minority party.
(9) Two members appointed by the Chancellor of the State
System of Higher Education, both of whom shall be from separate
universities within that system.
(a.2) All members of the board of directors under subsection
(a.1) shall be of full age, citizens of the United States and
residents of this Commonwealth, and shall be appointed for terms
of six years each, not to exceed two terms each, except that the
initial terms of the members of the board of directors listed
shall be as follows:
(1) Members appointed by the Governor shall serve for terms
which shall expire June 30, 2014.
(2) As to members appointed by the Majority Leader of the
Senate who are not members of the Senate, the representative
from the private university or college shall be appointed for a
term which shall expire June 30, 2014, and the representative
from the State-related university and the representative from
the community college shall be appointed for terms which shall
expire June 30, 2016.
(3) Members appointed by the Majority Leader of the Senate
who are members of the Senate shall serve for terms which shall
expire June 30, 2010.
(4) Members appointed by the Minority Leader of the Senate
shall serve for terms which shall expire June 30, 2012.
(5) As to members appointed by the Majority Leader of the
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House of Representatives who are not members of the House of
Representatives, the representative from the State-related
university and the representative from the community college
shall be appointed for terms which shall expire June 30, 2014,
and the representative from the private university or college
shall be appointed for a term which shall expire June 30, 2016.
(6) Members appointed by the Majority Leader of the House of
Representatives who are members of the House of Representatives
shall serve for terms which shall expire June 30, 2010.
(7) Members appointed by the Minority Leader of the House of
Representatives shall serve for terms which shall expire June
30, 2012.
(8) As to members who are appointed by the Chancellor of the
State System of Higher Education, one member shall serve a term
which shall expire June 30, 2010, and the other member shall
serve a term which shall expire June 30, 2012.
(a.3) Any member of the Senate or House of Representatives
hereafter appointed shall serve on the board only so long as he
is a member of the particular body of the General Assembly from
which he was appointed to the board, in which event he shall be
ineligible to continue as a member of the board as a legislative
appointee and a vacancy shall exist. In such a case the
[President Pro Tempore] Majority Leader of the Senate [or], the
Minority Leader of the Senate, the [Speaker] Majority Leader of
the House of Representatives or the Minority Leader of the House
of Representatives shall fill the vacancy for the unexpired term
in the same manner as original appointments. [A member of the
board of directors who becomes ineligible to serve as a
legislative appointee shall be eligible for appointment by the
Governor.] The board of directors shall elect from its own
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members each year a chairman and vice chairman who shall serve
for terms of one year and who shall be eligible for reelection
for successive terms. Vacancies shall be filled for the
unexpired terms in the same manner as original appointments.
Directors shall receive no compensation for their services, but
shall be reimbursed for their expenses actually and necessarily
incurred by them in the performance of their duties under this
act.
(b) The board of directors shall provide for the holding of
regular and special meetings. [Six] One-half plus one of the
total number of directors [attending] serving on the board shall
constitute a quorum for the transaction of any business [and,]
unless a greater number is required by the by-laws of the
agency.[, the act of a majority of the directors present at any
meeting shall be deemed the act of the board.]
(c) The board of directors shall adopt by-laws for the
agency and may appoint such officers and employes as it deems
advisable and may fix their compensation and prescribe their
duties.
(d) The board of directors may elect an executive committee
of not less than five members who, in intervals between meetings
of the board, may transact such business of the agency as the
board may from time to time authorize. Unless otherwise provided
by the by-laws, a majority of the whole of such committee
attending shall constitute a quorum for the transaction of any
business and the act of a majority of the members of the
executive committee present at any meeting thereof shall be the
act of such committee.
Section 2. This act shall take effect immediately.
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