GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - OMNIBUS AMENDMENTS — 2002 Pa. Act 230 (historical enacted text)

Historical Act text part 1

PRIOR PRINTER'S NOS. 1381, 2077, 2139, PRINTER'S NO. 2436
2157
INTRODUCED BY THOMPSON, ROBBINS, M. WHITE, LEMMOND AND GERLACH,
OCTOBER 9, 2001
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 26, 2002
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, providing for acceptance of gifts or
3 donations; and further providing DONATIONS; FURTHER PROVIDING <--
4 FOR POWERS AND DUTIES OF THE MUNICIPAL POLICE OFFICERS'
5 EDUCATION AND TRAINING COMMISSION; PROHIBITING POLITICAL
6 ACTIVITY BY MUNICIPAL POLICE OFFICERS; FURTHER PROVIDING, IN
7 PARKING AUTHORITIES, FOR DEFINITIONS, FOR PURPOSES AND POWERS
8 AND FOR SPECIAL PROVISIONS FOR AUTHORITIES IN FIRST CLASS
9 CITIES; PROVIDING, IN PARKING AUTHORITIES IN FIRST CLASS
10 CITIES, FOR ADDITIONAL SPECIAL PROVISIONS, FOR MANAGEMENT OF
11 AUTHORITY FUNDS, FOR SPECIAL FUNDS, FOR BONDS, FOR CONTRACTS
12 WITH AUTHORITY OBLIGEES, FOR COMMONWEALTH PLEDGES, FOR BOND
13 AND TRUST INDENTURES, FOR FUNDS COLLECTED, FOR BONDS AS LEGAL
14 INVESTMENTS, FOR PLEDGE VALIDITY, FOR SECURITY INTERESTS IN
15 FUNDS AND ACCOUNTS AND FOR BANKRUPTCY LIMITATIONS; FURTHER
16 PROVIDING FOR MUNICIPAL AUTHORITY GOVERNING BODIES AND MONEY;
17 PROVIDING FOR REGULATION OF TAXICABS AND LIMOUSINES IN FIRST
18 CLASS CITIES; FURTHER PROVIDING for governing body of
19 municipal authorities and for certain fiscal reporting; <--
20 CODIFYING THE ACT OF JUNE 27, 1986 (P.L.267, NO.70), KNOWN AS
21 THE PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT; DEFINING
22 "EXPANSION OR SUBSTANTIAL RENOVATION"; FURTHER PROVIDING FOR
23 PURPOSES AND POWERS AND FOR CAPITAL AND OPERATING BUDGETS;
24 PROVIDING FOR EXPANSION FUNDING; FURTHER PROVIDING FOR
25 GOVERNING BOARD, FOR MONEYS OF THE AUTHORITY, FOR AWARD OF
26 CONTRACTS, FOR INTERESTS OF PUBLIC OFFICERS AND FOR RENTAL
27 TAX; MAKING AN APPROPRIATION; AND MAKING REPEALS.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
1 Section 1. Chapter 13 of Title 53 of the Pennsylvania
2 Consolidated Statutes is amended by adding a subchapter to read:
3 SUBCHAPTER G
4 MISCELLANEOUS PROVISIONS
5 Sec.
6 1391. Acceptance of gifts or donations.
7 § 1391. Acceptance of gifts or donations.
8 (a) General rule.--In addition to all other powers conferred
9 by law, a municipality may receive in trust, and its governing
10 body may control for the purposes of the trust, all estate,
11 moneys, assets and property, real and personal, which may have
12 been or shall be bestowed upon it by donation, gift, legacy,
13 endowment, bequest, devise, conveyance or other means, for
14 benevolent, health, civic or other public purposes, for
15 charitable purposes of whatever kind or nature, and for any
16 other purpose beneficial to the municipality and its residents.
17 (b) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Governing body." The council in cities, boroughs and
21 incorporated towns; the board of commissioners in counties and
22 townships of the first class; the board of supervisors in
23 townships of the second class; or the legislative policymaking
24 body in home rule municipalities.
25 "Municipality." A county, city, borough, incorporated town,
26 township or home rule municipality.
27 SECTION 1.1. SECTION 2164(1) OF TITLE 53 IS AMENDED TO READ: <--
28 § 2164. POWERS AND DUTIES OF COMMISSION.
29 THE POWERS AND DUTIES OF THE COMMISSION SHALL BE AS FOLLOWS:
30 (1) TO ESTABLISH AND ADMINISTER THE MINIMUM COURSES OF
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1 STUDY FOR BASIC AND IN-SERVICE TRAINING FOR POLICE OFFICERS
2 AND TO REVOKE AN OFFICER'S CERTIFICATION WHEN AN OFFICER
3 FAILS TO COMPLY WITH THE BASIC AND IN-SERVICE TRAINING
4 REQUIREMENTS OR IS CONVICTED OF A CRIMINAL OFFENSE OR THE
5 COMMISSION DETERMINES THAT THE OFFICER IS PHYSICALLY OR
6 MENTALLY UNFIT TO PERFORM THE DUTIES OF HIS OFFICE OR
7 DETERMINES THAT A POLICE OFFICER SUBJECT TO SECTION 2166.1
8 (RELATING TO PROHIBITION ON POLITICAL ACTIVITY) HAS ENGAGED
9 OR PARTICIPATED IN THE CONDUCTING OF POLITICAL OR ELECTION
10 CAMPAIGN ACTIVITY IN VIOLATION OF THAT SECTION.
11 * * *
12 SECTION 2. TITLE 53 IS AMENDED BY ADDING A SECTION TO READ:
13 § 2166.1. PROHIBITION ON POLITICAL ACTIVITY.
14 A POLICE OFFICER AS DEFINED IN SECTION 2162 (RELATING TO
15 DEFINITIONS) WHO IS SUBJECT TO CIVIL SERVICE UNDER THE
16 PROVISIONS OF A STATUTE LAW OR HOME RULE CHARTER AND WHO IS
17 CERTIFIED UNDER THIS SUBCHAPTER MAY NOT ENGAGE OR PARTICIPATE IN
18 THE CONDUCTING OF ANY POLITICAL OR ELECTION CAMPAIGN OTHERWISE
19 THAN TO EXERCISE THE POLICE OFFICER'S OWN RIGHT OF SUFFRAGE.
20 SECTION 3. SECTION 5503 OF TITLE 53 IS AMENDED BY ADDING
21 DEFINITIONS TO READ:
22 § 5503. DEFINITIONS.
23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
25 CONTEXT CLEARLY INDICATES OTHERWISE:
26 * * *
27 "CASH FLOW DEFICIT." A CASH DEFICIT OCCURRING SOLELY BECAUSE
28 REVENUES AND EXPENDITURES, EVEN WHEN IN BALANCE ON A FISCAL YEAR
29 BASIS OR WITH RESPECT TO ANY OTHER PERIOD OF COMPUTATION, ARE
30 NOT RECEIVED AND DISBURSED AT EQUIVALENT RATES THROUGHOUT THE
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1 FISCAL YEAR OR OTHER PERIOD OF COMPUTATION.
2 * * *
3 "FEDERAL AGENCY." THE FEDERAL GOVERNMENT, THE PRESIDENT OF
4 THE UNITED STATES AND ANY DEPARTMENT OR CORPORATION, AGENCY OR
5 INSTRUMENTALITY HERETOFORE OR HEREAFTER CREATED, DESIGNATED OR
6 ESTABLISHED BY THE FEDERAL GOVERNMENT.
7 "GOVERNMENT AGENCY." THE GOVERNOR, DEPARTMENTS, BOARDS,
8 COMMISSIONS, AUTHORITIES AND OTHER OFFICERS AND AGENCIES OF THIS
9 COMMONWEALTH, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH ARE NOT
10 SUBJECT TO THE POLICY SUPERVISION AND CONTROL OF THE GOVERNOR,
11 ANY POLITICAL SUBDIVISION, MUNICIPALITY, MUNICIPAL OR OTHER
12 LOCAL AUTHORITY AND ANY OFFICER OR AGENCY OF ANY SUCH POLITICAL
13 SUBDIVISION OR LOCAL AUTHORITY. THE TERM DOES NOT INCLUDE ANY
14 COURT OR OTHER OFFICER OR AGENCY OF THE UNIFIED JUDICIAL SYSTEM
15 OR THE GENERAL ASSEMBLY OR ITS OFFICERS AND AGENCIES.
16 "GOVERNMENT OBLIGATIONS."
17 (1) DIRECT OBLIGATIONS OF OR OBLIGATIONS THE PRINCIPAL
18 OF AND INTEREST ON WHICH ARE UNCONDITIONALLY GUARANTEED BY
19 THE FEDERAL GOVERNMENT, INCLUDING, BUT NOT LIMITED TO,
20 EVIDENCES OF A DIRECT OWNERSHIP INTEREST IN FUTURE INTEREST
21 OR PRINCIPAL PAYMENTS ON OBLIGATIONS ISSUED OR GUARANTEED BY
22 THE FEDERAL GOVERNMENT, WHICH OBLIGATIONS ARE HELD IN A
23 CUSTODY ACCOUNT BY A CUSTODIAN UNDER THE TERMS OF A CUSTODY
24 AGREEMENT.
25 (2) THE TERM INCLUDES OBLIGATIONS ISSUED BY ANY STATE OF
26 THE UNITED STATES OR ANY POLITICAL SUBDIVISION, PUBLIC
27 INSTRUMENTALITY OR PUBLIC AUTHORITY OF ANY STATE OF THE
28 UNITED STATES, PROVISION FOR THE FULL AND TIMELY PAYMENT OF
29 THE PRINCIPAL OR PREMIUM OF AND INTEREST ON WHICH SHALL HAVE
30 BEEN MADE BY DEPOSIT WITH A TRUSTEE OR ESCROW AGENT UNDER AN
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1 IRREVOCABLE SECURITY AGREEMENT OF OBLIGATIONS DESCRIBED IN
2 PARAGRAPH (1).
3 * * *
4 "OBLIGEE OF AN AUTHORITY." ANY HOLDER OR OWNER OF ANY BOND
5 OF AN AUTHORITY OR ANY TRUSTEE OR OTHER FIDUCIARY FOR ANY SUCH
6 HOLDER OR ANY PROVIDER OF A LETTER OF CREDIT, POLICY OF
7 MUNICIPAL BOND INSURANCE OR OTHER CREDIT ENHANCEMENT OR
8 LIQUIDITY FACILITY FOR BONDS OF AN AUTHORITY.
9 * * *
10 "QUALIFIED FINANCIAL INSTITUTION." A BANK, BANK AND TRUST
11 COMPANY, TRUST COMPANY, NATIONAL BANKING ASSOCIATION, INSURANCE
12 COMPANY OR OTHER FINANCIAL SERVICES COMPANY WHOSE UNSECURED
13 LONG-TERM DEBT OBLIGATIONS, IN THE CASE OF A BANK, TRUST
14 COMPANY, NATIONAL BANKING ASSOCIATION OR OTHER FINANCIAL
15 SERVICES COMPANY, OR WHOSE CLAIMS PAYING ABILITIES, IN THE CASE
16 OF AN INSURANCE COMPANY, ARE RATED IN ANY OF THE THREE HIGHEST
17 RATING CATEGORIES WITHOUT REFERENCE TO SUBCATEGORIES BY A RATING
18 AGENCY. FOR PURPOSES OF THIS DEFINITION, THE TERM "FINANCIAL
19 SERVICES COMPANY" INCLUDES ANY INVESTMENT BANKING FIRM OR ANY
20 AFFILIATE OR DIVISION THEREOF WHICH MAY BE LEGALLY AUTHORIZED TO
21 ENTER INTO THE TRANSACTIONS DESCRIBED IN THIS CHAPTER
22 PERTAINING, APPLICABLE OR LIMITED TO A QUALIFIED FINANCIAL
23 INSTITUTION.
24 "RATING AGENCY."
25 (1) THE TERM INCLUDES THE FOLLOWING:
26 (I) STANDARD & POOR'S CORPORATION AND ANY SUCCESSOR
27 THERETO.
28 (II) MOODY'S INVESTORS SERVICE AND ANY SUCCESSOR
29 THERETO.
30 (III) FITCH INVESTORS SERVICE, INC., AND ANY
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1 SUCCESSOR THERETO.
2 (2) IF THE RATING AGENCIES CITED IN PARAGRAPH (1) SHALL
3 NO LONGER PERFORM THE FUNCTIONS OF A SECURITIES RATING
4 SERVICE, THE TERM SHALL MEAN ANY OTHER NATIONALLY RECOGNIZED
5 RATING SERVICE OR SERVICES.
6 SECTION 4. SECTION 5505(D)(9) OF TITLE 53 IS AMENDED AND THE
7 SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
8 § 5505. PURPOSES AND POWERS.
9 * * *
10 (D) POWERS.--AN AUTHORITY HAS ALL POWERS NECESSARY OR
11 CONVENIENT FOR THE CARRYING OUT OF THE PURPOSES UNDER THIS
12 SECTION, INCLUDING:
13 * * *
14 (9) TO FIX, ALTER, CHARGE AND COLLECT RATES AND OTHER
15 CHARGES FOR ITS FACILITIES AT REASONABLE RATES TO BE
16 DETERMINED EXCLUSIVELY BY IT, SUBJECT TO APPEAL UNDER THIS
17 PARAGRAPH, FOR THE PURPOSES OF PROVIDING FOR THE PAYMENT OF
18 THE EXPENSES OF THE AUTHORITY; FOR THE CONSTRUCTION,
19 IMPROVEMENT, REPAIR, MAINTENANCE AND OPERATION OF ITS
20 FACILITIES AND PROPERTIES; FOR THE PAYMENT OF THE PRINCIPAL
21 OF AND INTEREST ON ITS OBLIGATIONS; AND FOR FULFILLING THE
22 TERMS AND PROVISIONS OF AGREEMENTS MADE WITH THE PURCHASERS
23 OR HOLDERS OF SUCH OBLIGATIONS OR WITH THE MUNICIPALITY. ANY
24 PERSON QUESTIONING THE REASONABLENESS OF RATES FIXED BY THE
25 AUTHORITY MAY BRING SUIT AGAINST THE AUTHORITY IN THE COURT
26 OF COMMON PLEAS OF THE JUDICIAL DISTRICT WHERE THE PROJECT IS
27 LOCATED. THE COURT OF COMMON PLEAS SHALL HAVE EXCLUSIVE
28 JURISDICTION TO DETERMINE THE REASONABLENESS OF THE RATES AND
29 OTHER CHARGES. THIS PARAGRAPH SUPERSEDES A CONTRARY PROVISION
30 IN ANY HOME RULE CHARTER, ORDINANCE OR RESOLUTION.
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1 * * *
2 (22) IN CITIES OF THE FIRST CLASS, TO SERVE AS THE
3 EXCLUSIVE IMPOUNDMENT OFFICIAL, EXCLUSIVE IMPOUNDING AGENT OR
4 EXCLUSIVE TOWING AGENT FOR THE ENFORCEMENT OF IMPOUNDMENT
5 ORDERS PURSUANT TO 75 PA.C.S. CH. 63 (RELATING TO
6 ENFORCEMENT) AND TO AUTHORIZE TOWING AND STORAGE OF VEHICLES
7 AND COMBINATIONS BY PRIVATE TOWING AGENTS FOR SUCH PURPOSE AS
8 NECESSARY.
9 (23) IN CITIES OF THE FIRST CLASS, TO ACT AS AN
10 INDEPENDENT ADMINISTRATIVE COMMISSION FOR THE REGULATION OF
11 TAXICABS AND LIMOUSINE SERVICE.
12 (24) IN CITIES OF THE FIRST CLASS, TO INVESTIGATE AND
13 EXAMINE THE CONDITION AND MANAGEMENT OF ANY ENTITY PROVIDING
14 TAXICAB AND LIMOUSINE SERVICE.
15 SECTION 5. SECTION 5508.1(K) AND (O) OF TITLE 53 ARE AMENDED
16 TO READ:
17 § 5508.1. SPECIAL PROVISIONS FOR AUTHORITIES IN CITIES OF THE
18 FIRST CLASS.
19 * * *
20 (K) COMPENSATION.--
21 (1) THE CHAIR SELECTED UNDER SUBSECTION (L) SHALL
22 RECEIVE:
23 (I) FOR FISCAL YEAR 2001-2002, A SALARY OF $50,000
24 [PER ANNUM, AND THE OTHER]; AND
25 (II) FOR EACH SUBSEQUENT FISCAL YEAR, A SALARY TO BE
26 DETERMINED BY THE BOARD AT NOT LESS THAN $50,000.
27 (2) EXCEPT FOR THE CHAIR, MEMBERS SHALL RECEIVE $200 PER
28 MEETING FOR THEIR SERVICES.
29 (3) BOARD MEMBERS SHALL BE ENTITLED TO NECESSARY
30 EXPENSES, INCLUDING TRAVEL EXPENSES, INCURRED IN THE
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1 DISCHARGE OF DUTIES.
2 * * *
3 (O) MANAGEMENT.--
4 (1) THE BOARD HAS AUTHORITY TO MANAGE THE PROPERTIES AND
5 BUSINESS OF THE AUTHORITY AND TO PRESCRIBE, AMEND AND REPEAL
6 BYLAWS, RULES AND REGULATIONS GOVERNING THE MANNER IN WHICH
7 THE BUSINESS OF THE AUTHORITY MAY BE CONDUCTED AND IN WHICH
8 THE POWERS GRANTED TO IT MAY BE EXERCISED AND EMBODIED.
9 (2) FOR ALL BUDGETS, CONTRACTS, BONDS OR OBLIGATIONS OF
10 ANY KIND COMMENCED AFTER JANUARY 1, 2003, THE AUTHORITY SHALL
11 NOT BE REQUIRED TO OBTAIN THE APPROVAL OF AN ENTITY OR
12 OFFICER UNDER 351 PA. CODE ART. II (RELATING TO LEGISLATIVE
13 BRANCH) OR III (RELATING TO EXECUTIVE AND ADMINISTRATIVE
14 BRANCH-ORGANIZATION).
15 * * *
16 SECTION 6. TITLE 53 IS AMENDED BY ADDING SECTIONS TO READ:
17 § 5508.2. ADDITIONAL SPECIAL PROVISIONS FOR AUTHORITIES IN
18 CITIES OF THE FIRST CLASS; MIXED USE PROJECTS.
19 (A) SCOPE.--THIS SECTION APPLIES ONLY TO CITIES OF THE FIRST
20 CLASS.
21 (B) LEGISLATIVE FINDING.--IT IS HEREBY DETERMINED AND
22 DECLARED THAT:
23 (1) AS A MATTER OF LEGISLATIVE FINDING, THE HEALTH,
24 SAFETY AND GENERAL WELFARE OF THE PEOPLE OF THIS COMMONWEALTH
25 ARE DIRECTLY DEPENDENT UPON THE CONTINUAL ENCOURAGEMENT,
26 DEVELOPMENT, GROWTH AND EXPANSION OF BUSINESS, INDUSTRY,
27 COMMERCE AND TOURISM.
28 (2) UNEMPLOYMENT, THE SPREAD OF POVERTY AND THE HEAVY
29 BURDEN OF PUBLIC ASSISTANCE AND UNEMPLOYMENT COMPENSATION CAN
30 BE AVOIDED BY THE PROMOTION, ATTRACTION, STIMULATION,
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1 DEVELOPMENT AND EXPANSION OF BUSINESS, INDUSTRY, COMMERCE AND
2 TOURISM IN THIS COMMONWEALTH THROUGH THE DEVELOPMENT OF MIXED
3 USE PROJECTS BY PARKING AUTHORITIES IN CITIES OF THE FIRST
4 CLASS.
5 (3) DUE TO THE SIZE, TOTAL POPULATION AND POPULATION
6 DENSITY OF A CITY OF THE FIRST CLASS, IT MAY BE INEFFICIENT
7 TO DEVOTE PROPERTY WITHIN A CITY OF THE FIRST CLASS SOLELY TO
8 PARKING FACILITIES AND THAT DEVELOPMENT OF MIXED USE PROJECTS
9 THAT INCLUDE A PARKING COMPONENT AND A COMMERCIAL,
10 INDUSTRIAL, RESIDENTIAL OR RETAIL COMPONENT CAN BE AN
11 IMPORTANT FACTOR IN THE CONTINUAL ENCOURAGEMENT, DEVELOPMENT,
12 ATTRACTION, STIMULATION, GROWTH AND EXPANSION OF BUSINESS,
13 INDUSTRY, COMMERCE AND TOURISM WITHIN A CITY OF THE FIRST
14 CLASS, THE SURROUNDING COUNTIES AND THIS COMMONWEALTH AS A
15 WHOLE.
16 (C) MIXED USE PROJECTS.--WITHOUT LIMITING THE POWERS SET
17 FORTH IN SECTION 5505 (RELATING TO PURPOSES AND POWERS), AN
18 AUTHORITY SHALL HAVE THE POWER TO DO ALL ACTS THAT, IN THE
19 JUDGMENT OF THE BOARD, ARE NECESSARY, CONVENIENT OR USEFUL TO
20 THE DEVELOPMENT OR OPERATION OF ONE OR MORE MIXED USE PROJECTS
21 INCLUDING, WITHOUT LIMITATION, THE POWER TO PLAN, DESIGN,
22 LOCATE, ACQUIRE, HOLD, CONSTRUCT, FINANCE, IMPROVE, MAINTAIN,
23 OPERATE, OWN, LEASE, EITHER IN THE CAPACITY OF LESSOR OR LESSEE,
24 LAND, BUILDINGS, OTHER STRUCTURES AND PERSONAL PROPERTY
25 NECESSARY, CONVENIENT OR USEFUL TO THE DEVELOPMENT AND OPERATION
26 OF A MIXED USE PROJECT. AN AUTHORITY SHALL HAVE THE POWER TO
27 FINANCE MIXED USE PROJECTS BY BORROWING MONEY AND MAKING AND
28 ISSUING BONDS AND BY MAKING LOANS, WHICH MAY BE EVIDENCED BY AND
29 SECURED AS MAY BE PROVIDED IN LOAN AGREEMENTS, MORTGAGES,
30 SECURITY AGREEMENTS OR ANY OTHER CONTRACTS, INSTRUMENTS OR
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1 AGREEMENTS WHICH MAY CONTAIN SUCH PROVISIONS AS THE AUTHORITY
2 SHALL DEEM NECESSARY, CONVENIENT OR USEFUL FOR THE SECURITY OR
3 PROTECTION OF THE AUTHORITY OR ITS BONDHOLDERS. AN AUTHORITY MAY
4 PLEDGE, MORTGAGE, HYPOTHECATE OR OTHERWISE ENCUMBER ALL OR ANY
5 PART OF ITS PROPERTY, REAL OR PERSONAL, CONSTITUTING ALL OR PART
6 OF A MIXED USE PROJECT, INCLUDING, BUT NOT LIMITED TO, THE
7 REVENUES OR RECEIPTS OF THE AUTHORITY FROM ONE OR MORE MIXED USE
8 PROJECTS, FOR ALL OR ANY OF THE OBLIGATIONS, INCLUDING BONDS, OF
9 THE AUTHORITY INCURRED IN CONNECTION WITH THE DEVELOPMENT OR
10 OPERATION OF A MIXED USE PROJECT. AN AUTHORITY SHALL NOT HAVE
11 THE POWER TO ENGAGE IN BUSINESS, TRADE OR COMMERCE FOR A PROFIT
12 AS AN OWNER OR LESSEE OF A MIXED USE PROJECT OR OTHERWISE. AN
13 AUTHORITY SHALL HAVE AND MAY EXERCISE THE POWERS SET FORTH IN
14 THIS SECTION NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY
15 PROVISIONS OF ITS ARTICLES OF INCORPORATION.
16 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "MIXED
17 USE PROJECT" MEANS ANY PROJECT THAT INCLUDES A PUBLIC PARKING
18 GARAGE COMPONENT AND A COMMERCIAL, INDUSTRIAL, RESIDENTIAL OR
19 RETAIL COMPONENT. IN ADDITION TO A PUBLIC PARKING GARAGE, WHICH
20 SHALL BE A REQUIRED COMPONENT OF ALL MIXED USE PROJECTS, A MIXED
21 USE PROJECT MAY ALSO INCLUDE PUBLIC PARKING LOTS. THE COMMERCIAL
22 INDUSTRIAL, RESIDENTIAL OR RETAIL COMPONENT OF A MIXED USE
23 PROJECT MUST BE LOCATED WITHIN, ABOVE, BELOW OR CONTIGUOUS TO
24 THE PARKING GARAGE.
25 § 5510.1. MANAGEMENT OF AUTHORITY FUNDS IN CITIES OF THE FIRST
26 CLASS.
27 (A) GENERAL RULE.--
28 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, ALL
29 FUNDS OF AN AUTHORITY RECEIVED FROM ANY SOURCE SHALL BE
30 DELIVERED TO THE TREASURER OF THE AUTHORITY OR TO SUCH OTHER
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1 AGENT OF THE AUTHORITY AS THE BOARD MAY DESIGNATE.
2 (2) THE FUNDS SHALL BE PROMPTLY DEPOSITED IN THE NAME OF
3 THE AUTHORITY IN A BANK OR BANKS, BANK AND TRUST COMPANY OR
4 BANK AND TRUST COMPANIES, TRUST COMPANY OR TRUST COMPANIES IN
5 THIS COMMONWEALTH CHOSEN BY THE AUTHORITY.
6 (3) THE MONEYS IN THE ACCOUNT OR ACCOUNTS MAY BE
7 WITHDRAWN OR PAID OUT ONLY BY CHECK OR DRAFT UPON THE BANK,
8 BANK AND TRUST COMPANY OR TRUST COMPANY, SIGNED BY THE
9 TREASURER OR OTHER DESIGNATED AGENT OF THE AUTHORITY ON
10 WARRANT OF THE TREASURER OF THE AUTHORITY AND COUNTERSIGNED
11 BY THE CHAIRMAN OF THE BOARD OR BY SUCH PERSONS AS THE BOARD
12 MAY AUTHORIZE. MONEYS IN THE ACCOUNT OR ACCOUNTS MAY BE
13 WITHDRAWN OR PAID OUT BY ELECTRONIC FUNDS TRANSFER ON
14 INSTRUCTIONS SIGNED AND COUNTERSIGNED IN THE MANNER PROVIDED
15 FOR CHECKS OR DRAFTS.
16 (4) THE BOARD MAY DESIGNATE ANY OF ITS MEMBERS OR ANY
17 OFFICER OR EMPLOYEE OF THE AUTHORITY TO AFFIX THE SIGNATURE
18 OF THE CHAIRMAN TO ANY CHECK OR DRAFT FOR PAYMENT OF SALARIES
19 OR WAGES AND FOR THE PAYMENT OF ANY OTHER OBLIGATION OF NOT
20 MORE THAN $100,000. THE EXECUTIVE DIRECTOR MAY DESIGNATE ANY
21 OFFICER OR EMPLOYEE OF THE AUTHORITY TO AFFIX THE SIGNATURE
22 OF THE TREASURER TO ANY CHECK OR DRAFT FOR PAYMENT OF
23 SALARIES OR WAGES AND FOR THE PAYMENT OF ANY OTHER OBLIGATION
24 OF NOT MORE THAN $100,000.
25 (B) MANAGEMENT OF FUNDS.--
26 (1) ALL BANK, BANK AND TRUST COMPANY OR TRUST COMPANY
27 BALANCES OF THE AUTHORITY, TO THE EXTENT THE SAME ARE NOT
28 INSURED, SHALL BE CONTINUOUSLY SECURED BY A PLEDGE OF DIRECT
29 OBLIGATIONS OF THE UNITED STATES, OF THE COMMONWEALTH OR OF
30 ANY MUNICIPALITY OR MUNICIPALITIES IN THE METROPOLITAN AREA
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1 HAVING AN AGGREGATE MARKET VALUE EXCLUSIVE OF ACCRUED
2 INTEREST AT ALL TIMES AT LEAST EQUAL TO THE BALANCE ON
3 DEPOSIT IN SUCH BANK, BANK AND TRUST COMPANY OR TRUST
4 COMPANY. THE SECURITIES SHALL EITHER BE DEPOSITED WITH THE
5 TREASURER OF THE AUTHORITY OR BE HELD BY A TRUSTEE OR AGENT
6 SATISFACTORY TO THE AUTHORITY. ALL DEPOSITORY INSTITUTIONS
7 ARE AUTHORIZED TO GIVE SECURITY FOR THE DEPOSITS.
8 (2) IN THE CASE OF MONEY COLLECTED OR RECEIVED BY THE
9 AUTHORITY ON BEHALF OF A MUNICIPALITY UNDER SECTION
10 5505(D)(21) (RELATING TO PURPOSES AND POWERS), THE MONEY
11 SHALL BE PLEDGED TO THE USE OF THE MUNICIPALITY AND DISBURSED
12 TO THE MUNICIPALITY AS PROVIDED BY ORDINANCE OR RESOLUTION.
13 (3) SUBJECT TO THE PROVISIONS OF ANY AGREEMENTS WITH
14 OBLIGEES OF THE AUTHORITY, THE AUTHORITY SHALL HAVE FULL
15 POWER TO INVEST AND REINVEST ITS FUNDS AS PROVIDED IN THIS
16 CHAPTER SUBJECT, HOWEVER, TO THE EXERCISE OF THAT DEGREE OF
17 JUDGMENT AND CARE UNDER THE CIRCUMSTANCES THEN PREVAILING
18 WHICH PERSONS OF PRUDENCE, DISCRETION AND INTELLIGENCE WHO
19 ARE FAMILIAR WITH SUCH MATTERS EXERCISE IN THE MANAGEMENT OF
20 THEIR OWN AFFAIRS, NOT IN REGARD TO SPECULATION, BUT IN
21 REGARD TO THE PERMANENT DISPOSITION OF THE FUNDS, CONSIDERING
22 THE PROBABLE INCOME TO BE DERIVED AND THE PROBABLE SAFETY OF
23 THE CAPITAL.
24 (4) THE BOARD SHALL PROVIDE FOR AN INVESTMENT PROGRAM
25 SUBJECT TO RESTRICTIONS CONTAINED IN THIS CHAPTER AND IN ANY
26 OTHER APPLICABLE STATUTE AND ANY RESOLUTIONS ON THIS SUBJECT
27 ADOPTED BY THE BOARD.
28 (C) AUTHORIZED INVESTMENTS.--THE AUTHORIZED TYPES OF
29 INVESTMENTS FOR AUTHORITY FUNDS SHALL BE ANY OF THE FOLLOWING:
30 (1) GOVERNMENT OBLIGATIONS.
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1 (2) DEBT OBLIGATIONS ISSUED BY ANY OF THE FOLLOWING
2 FEDERAL AGENCIES OR SUCH OTHER LIKE FEDERAL AGENCIES WHICH
3 MAY BE DESIGNATED BY THE BOARD: BANK FOR COOPERATIVES,
4 FEDERAL FARM CREDIT BANKS, FEDERAL FINANCING BANK, FEDERAL
5 HOME LOAN BANK SYSTEM, FEDERAL NATIONAL MORTGAGE ASSOCIATION,
6 EXPORT-IMPORT BANK OF THE UNITED STATES, FARMERS HOME
7 ADMINISTRATION, RESOLUTION FUNDING CORPORATION, SMALL
8 BUSINESS ADMINISTRATION, STUDENT LOAN MARKETING ASSOCIATION,
9 INTER-AMERICAN DEVELOPMENT BANK, INTERNATIONAL BANK FOR
10 RECONSTRUCTION AND DEVELOPMENT, FEDERAL LAND BANKS OR
11 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, AND THEIR
12 PREDECESSOR OR SUCCESSOR AGENCIES.
13 (3) SHORT-TERM OR LONG-TERM DEBT OBLIGATIONS OF ANY
14 STATE OR POLITICAL SUBDIVISION THEREOF OR ANY AGENCY OR
15 INSTRUMENTALITY OF SUCH A STATE OR POLITICAL SUBDIVISION OR
16 OF ANY MUNICIPAL CORPORATION, PROVIDED THAT THE OBLIGATIONS
17 ARE RATED BY A RATING AGENCY IN ANY OF THE THREE HIGHEST
18 RATING CATEGORIES (WITHOUT REFERENCE TO SUBCATEGORIES)
19 ASSIGNED BY THE RATING AGENCY.
20 (4) RIGHTS TO RECEIVE THE PRINCIPAL OF OR THE INTEREST
21 ON OBLIGATIONS OF STATES, POLITICAL SUBDIVISIONS, AGENCIES OR
22 INSTRUMENTALITIES MEETING THE REQUIREMENTS SET FORTH IN
23 PARAGRAPHS (2) AND (3), WHETHER THROUGH DIRECT OWNERSHIP AS
24 EVIDENCED BY PHYSICAL POSSESSION OF THE OBLIGATIONS OR
25 UNMATURED INTEREST COUPONS OR BY REGISTRATION AS TO OWNERSHIP
26 ON THE BOOKS OF THE ISSUER OR ITS DULY AUTHORIZED PAYING
27 AGENT OR TRANSFER AGENT OR THROUGH THE PURCHASE OF
28 CERTIFICATES OR OTHER INSTRUMENTS EVIDENCING AN UNDIVIDED
29 OWNERSHIP INTEREST IN PAYMENTS OF THE PRINCIPAL OF OR
30 INTEREST ON THE OBLIGATIONS.
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1 (5) NEGOTIABLE AND NONNEGOTIABLE CERTIFICATES OF
2 DEPOSIT, TIME DEPOSITS OR OTHER SIMILAR BANKING ARRANGEMENTS
3 WHICH ARE ISSUED BY BANKS, BANK AND TRUST COMPANIES, TRUST
4 COMPANIES OR SAVINGS AND LOAN ASSOCIATIONS, PROVIDED THAT,
5 UNLESS ISSUED BY A QUALIFIED FINANCIAL INSTITUTION, ANY SUCH
6 CERTIFICATE, DEPOSIT OR OTHER ARRANGEMENT SHALL BE
7 CONTINUOUSLY SECURED AS TO PRINCIPAL IN THE MANNER AND TO THE
8 EXTENT PROVIDED IN SUBSECTION (D).
9 (6) REPURCHASE AGREEMENTS FOR INVESTMENT SECURITIES
10 DESCRIBED IN PARAGRAPH (1) OR (2) WITH A QUALIFIED FINANCIAL
11 INSTITUTION OR WITH DEALERS IN GOVERNMENT BONDS WHICH REPORT
12 TO, TRADE WITH AND ARE RECOGNIZED AS PRIMARY DEALERS BY A
13 FEDERAL RESERVE BANK AND ARE MEMBERS OF THE SECURITIES
14 INVESTORS PROTECTION CORPORATION, PROVIDED THAT THE
15 REPURCHASE PRICE PAYABLE UNDER ANY AGREEMENT SHALL BE
16 CONTINUOUSLY SECURED IN THE MANNER AND TO THE EXTENT PROVIDED
17 IN SUBSECTION (D).
18 (7) INVESTMENT AGREEMENTS WITH QUALIFIED FINANCIAL
19 INSTITUTIONS.
20 (8) COMMERCIAL PAPER RATED IN THE HIGHEST RATING
21 CATEGORY, WITHOUT REFERENCE TO SUBCATEGORIES, BY A RATING
22 AGENCY.
23 (9) SHARES OR CERTIFICATES IN ANY SHORT-TERM INVESTMENT
24 FUND RATED IN THE HIGHEST RATING CATEGORY (WITHOUT REFERENCE
25 TO SUBCATEGORIES) BY A RATING AGENCY, WHICH SHORT-TERM
26 INVESTMENT FUND INVESTS SOLELY IN OBLIGATIONS DESCRIBED IN
27 PARAGRAPHS (1) AND (2).
28 (10) DEBT OBLIGATIONS OF ANY FOREIGN GOVERNMENT OR
29 POLITICAL SUBDIVISION THEREOF OR ANY AGENCY OR
30 INSTRUMENTALITY OF FOREIGN GOVERNMENT OR POLITICAL
20010S1100B2436 - 14 -
1 SUBDIVISION, PROVIDED THAT THE OBLIGATIONS ARE RATED BY A
2 RATING AGENCY, WITHOUT REFERENCE TO SUBCATEGORIES, IN THE
3 HIGHEST RATING CATEGORY ASSIGNED BY THE RATING AGENCY.
4 (11) SUCH OTHER INVESTMENTS WHICH AT THE TIME OF THE
5 ACQUISITION THEREOF SHALL BE LISTED AS PERMISSIBLE
6 INVESTMENTS FOR TRUST FUNDS IN AN INDENTURE OR RESOLUTION
7 WITH RESPECT TO INDEBTEDNESS WHICH IS INCURRED UNDER THIS
8 CHAPTER.
9 (D) SECURITY FOR INVESTMENT SECURITIES.--ANY SECURITY
10 REQUIRED TO BE MAINTAINED AS COLLATERAL FOR INVESTMENT
11 SECURITIES IN THE FORM OF CERTIFICATES OF DEPOSIT, TIME
12 DEPOSITS, OTHER SIMILAR BANKING ARRANGEMENTS AND REPURCHASE
13 AGREEMENTS DESCRIBED IN SUBSECTION (C)(5) AND (6) SHALL BE
14 SUBJECT TO THE FOLLOWING REQUIREMENTS:
15 (1) THE COLLATERAL SHALL BE IN THE FORM OF OBLIGATIONS
16 DESCRIBED IN SUBSECTION (C)(1) AND (2), EXCEPT THAT THE
17 SECURITY FOR CERTIFICATES OF DEPOSIT, TIME DEPOSITS OR OTHER
18 SIMILAR BANKING ARRANGEMENTS MAY INCLUDE OTHER MARKETABLE
19 SECURITIES WHICH ARE ELIGIBLE AS SECURITY FOR TRUST FUNDS
20 UNDER APPLICABLE REGULATIONS OF THE COMPTROLLER OF THE
21 CURRENCY OF THE UNITED STATES OF AMERICA OR UNDER APPLICABLE
22 STATE LAWS AND REGULATIONS.
23 (2) THE COLLATERAL SHALL HAVE AN AGGREGATE MARKET VALUE,
24 CALCULATED NOT LESS FREQUENTLY THAN MONTHLY, AT LEAST EQUAL
25 TO THE PRINCIPAL AMOUNT (LESS ANY PORTION INSURED BY THE
26 FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY COMPARABLE
27 INSURANCE CORPORATION CHARTERED BY THE UNITED STATES OF
28 AMERICA) OR THE REPURCHASE PRICE SECURED THEREBY, AS THE CASE
29 MAY BE. THE INSTRUMENTS GOVERNING THE ISSUANCE OF AND
30 SECURITY FOR THE INVESTMENT SECURITIES SHALL DESIGNATE THE
20010S1100B2436 - 15 -
1 PERSON RESPONSIBLE FOR MAKING THE FOREGOING CALCULATIONS.
2 (3) THE AUTHORITY SHALL HAVE A PERFECTED SECURITY
3 INTEREST IN THE COLLATERAL SECURING CERTIFICATES OF DEPOSIT,
4 TIME DEPOSITS OR OTHER SIMILAR BANKING ARRANGEMENTS, AND THE
5 COLLATERAL SHALL BE HELD FREE AND CLEAR OF THE CLAIMS OF
6 THIRD PARTIES. THE COLLATERAL SHALL BE DEPOSITED WITH THE
7 AUTHORITY, WITH A FEDERAL RESERVE BANK FOR THE ACCOUNT OF THE
8 AUTHORITY OR WITH A BANK, BANK AND TRUST COMPANY OR TRUST
9 COMPANY (OTHER THAN THE OBLIGOR) WHICH IS ACTING SOLELY AS
10 AGENT FOR THE AUTHORITY AND HAS A COMBINED NET CAPITAL AND
11 SURPLUS EQUAL TO AT LEAST $100,000,000.
12 (4) COLLATERAL FOR REPURCHASE AGREEMENTS SHALL BE HELD
13 FREE AND CLEAR OF THE CLAIMS OF THIRD PARTIES BY THE
14 AUTHORITY, OR BY A FEDERAL RESERVE BANK FOR THE ACCOUNT OF
15 THE AUTHORITY, OR BY A BANK, BANK AND TRUST COMPANY OR TRUST
16 COMPANY WHICH IS ACTING SOLELY AS AGENT FOR THE AUTHORITY AND
17 HAS A COMBINED NET CAPITAL AND SURPLUS AT LEAST EQUAL TO
18 $100,000,000. A PERFECTED FIRST PRIORITY SECURITY INTEREST
19 FOR THE BENEFIT OF THE AUTHORITY SHALL BE CREATED IN THE
20 COLLATERAL UNDER TITLE 13 (RELATING TO COMMERCIAL CODE) OR
21 BOOK ENTRY PROCEDURES PRESCRIBED BY APPLICABLE FEDERAL
22 REGULATIONS.
23 (E) AUDIT.--AN AUTHORITY SHALL HAVE AT LEAST AN ANNUAL
24 EXAMINATION OF ITS BOOKS, ACCOUNTS AND RECORDS BY A CERTIFIED
25 PUBLIC ACCOUNTANT. A COPY OF THE AUDIT SHALL BE DELIVERED TO THE
26 PARENT MUNICIPALITY, THE GOVERNOR, THE SECRETARY OF THE SENATE
27 AND THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES. IF THE
28 AUTHORITY FAILS TO HAVE AN AUDIT, THEN THE CONTROLLER, AUDITOR
29 OR ACCOUNTANT DESIGNATED BY THE MUNICIPALITY IS AUTHORIZED TO
30 PERFORM AN EXAMINATION AT THE EXPENSE OF THE AUTHORITY. THE
20010S1100B2436 - 16 -
1 EXAMINATION MAY INCLUDE THE RECEIPTS, DISBURSEMENTS, CONTRACTS,
2 LEASES, SINKING FUNDS, INVESTMENTS AND OTHER MATTERS RELATING TO
3 THE FINANCES, OPERATION AND AFFAIRS OF THE AUTHORITY.
4 (F) FINANCIAL STATEMENT.--A CONCISE FINANCIAL STATEMENT
5 SHALL BE PUBLISHED ANNUALLY AT LEAST ONCE IN A NEWSPAPER OF
6 GENERAL CIRCULATION IN THE MUNICIPALITY WHERE THE PRINCIPAL
7 OFFICE OF THE AUTHORITY IS LOCATED. IF PUBLICATION IS NOT MADE
8 BY THE AUTHORITY, THE MUNICIPALITY SHALL PUBLISH SUCH STATEMENT
9 AT THE EXPENSE OF THE AUTHORITY.
10 (G) ATTORNEY GENERAL.--THE ATTORNEY GENERAL SHALL HAVE THE
11 RIGHT TO EXAMINE THE BOOKS, ACCOUNTS AND RECORDS OF AN
12 AUTHORITY.
13 (H) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
14 AUTHORITIES IN CITIES OF THE FIRST CLASS.
15 § 5510.2. SPECIAL FUNDS IN CITIES OF THE FIRST CLASS.
16 (A) GENERAL RULE.--AN AUTHORITY, UNDER RESOLUTIONS ADOPTED
17 FROM TIME TO TIME BY THE BOARD, MAY ESTABLISH AND CREATE SUCH
18 SPECIAL FUNDS AS MAY BE FOUND DESIRABLE BY THE BOARD AND, IN AND
19 BY SUCH RESOLUTIONS, MAY PROVIDE FOR PAYMENTS INTO ALL SPECIAL
20 FUNDS FROM SPECIFIED SOURCES WITH SUCH PREFERENCES AND
21 PRIORITIES AS MAY BE DEEMED ADVISABLE AND MAY PROVIDE FOR THE
22 CUSTODY, DISBURSEMENT AND APPLICATION OF ANY MONEYS IN ANY SUCH
23 SPECIAL FUNDS CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER AND
24 CONSISTENT WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. THE
25 AUTHORITY SHALL MAINTAIN THE FIRST CLASS CITY TAXICAB REGULATORY
26 FUND AS A SEPARATE FUND FROM ALL OTHER FUNDS.
27 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
28 AUTHORITIES IN CITIES OF THE FIRST CLASS.
29 § 5510.3. BONDS IN CITIES OF THE FIRST CLASS.
30 (A) GENERAL RULE.--
20010S1100B2436 - 17 -
1 (1) THE BONDS OF THE AUTHORITY SHALL BE AUTHORIZED BY
2 RESOLUTION OF THE BOARD. THE RESOLUTION SHALL SPECIFY ALL OF
3 THE FOLLOWING:
4 (I) SERIES.
5 (II) DATE OR DATES OF MATURITY.
6 (III) INTEREST AT SUCH RATE OR RATES, FIXED OR
7 VARIABLE, AS SHALL BE DETERMINED BY THE BOARD AS
8 NECESSARY TO ISSUE AND SELL THE AUTHORIZED BONDS.
9 (IV) DENOMINATIONS.
10 (V) FORM, EITHER COUPON OR FULLY REGISTERED WITHOUT
11 COUPONS.
12 (VI) CERTIFICATED OR BOOK-ENTRY-ONLY FORM.
13 (VII) REGISTRATION AND EXCHANGEABILITY AND
14 INTERCHANGEABILITY PRIVILEGES.
15 (VIII) MEDIUM OF PAYMENT AND PLACE OF PAYMENT.
16 (IX) TERMS OF REDEMPTION.
17 (X) PRIORITIES OF PAYMENT IN THE REVENUES OR
18 RECEIPTS OF THE AUTHORITY AS THE RESOLUTION OR TRUST
19 INDENTURE ADOPTED OR APPROVED BY THE AUTHORITY MAY
20 PROVIDE.
21 (2) THE BONDS SHALL BE SIGNED BY OR SHALL BEAR THE
22 FACSIMILE SIGNATURES OF SUCH OFFICERS AS THE BOARD SHALL
23 DETERMINE, AND COUPON BONDS SHALL HAVE ATTACHED THERETO
24 INTEREST COUPONS BEARING THE FACSIMILE SIGNATURE OF THE
25 TREASURER OF THE AUTHORITY, AND ALL BONDS SHALL BE
26 AUTHENTICATED BY AN AUTHENTICATING AGENT, FISCAL AGENT OR
27 TRUSTEE, ALL AS MAY BE PRESCRIBED IN THE RESOLUTION OR TRUST
28 INDENTURE.
29 (3) ANY SUCH BONDS MAY BE ISSUED AND DELIVERED
30 NOTWITHSTANDING THAT ONE OR MORE OF THE OFFICERS SIGNING
20010S1100B2436 - 18 -
1 BONDS OR THE TREASURER WHOSE FACSIMILE SIGNATURE SHALL BE
2 UPON THE COUPON, OR ANY THEREOF, SHALL HAVE CEASED TO BE AN
3 OFFICER OR OFFICERS AT THE TIME WHEN THE BONDS SHALL ACTUALLY
4 BE DELIVERED.
5 (4) THE PROCEEDS OF AN ISSUE OF BONDS MAY BE USED TO PAY
6 THE COSTS OF A PROJECT; SUBJECT TO THE LIMITATIONS OF
7 SUBSECTION (B), TO FINANCE ANY CASH FLOW DEFICIT OF THE
8 AUTHORITY; TO REIMBURSE ANY COSTS OF A PROJECT INITIALLY PAID
9 BY THE AUTHORITY OR ANY PERSON; TO FUND ANY REQUIRED
10 RESERVES; TO CAPITALIZE INTEREST; OR TO PAY COSTS OF
11 ISSUANCE, INCLUDING, BUT NOT LIMITED TO, COSTS OF OBTAINING
12 CREDIT ENHANCEMENT FOR THE BONDS.
13 (B) MATURITY.--BONDS ISSUED TO FINANCE THE COSTS OF A
14 PROJECT SHALL MATURE AT SUCH TIME OR TIMES NOT EXCEEDING 40
15 YEARS FROM THEIR RESPECTIVE DATES OF ORIGINAL ISSUE AS THE
16 AUTHORITY SHALL BY RESOLUTION DETERMINE. BONDS ISSUED IN
17 ANTICIPATION OF INCOME OF THE AUTHORITY SHALL MATURE WITHIN ONE
18 FISCAL YEAR AFTER THE FISCAL YEAR OF THE DATE OF ISSUANCE
19 THEREOF, EXCEPT FOR BONDS ISSUED IN ANTICIPATION OF GRANTS WITH
20 RESPECT TO THE COST OF A PROJECT, WHICH BONDS SHALL MATURE NO
21 LATER THAN SIX MONTHS BEYOND THE TIME OF ANTICIPATED RECEIPT OF
22 THE FINAL PAYMENT OF THE GRANT.
23 (C) SALE.--
24 (1) BONDS MAY BE SOLD AT PUBLIC SALE OR INVITED SALE FOR
25 SUCH PRICE OR PRICES AND AT SUCH RATE OR RATES OF INTEREST AS
26 THE AUTHORITY SHALL DETERMINE. BONDS MAY BE SOLD AT PRIVATE
27 SALE BY NEGOTIATION AT SUCH PRICE OR PRICES AND AT SUCH RATE
28 OR RATES OF INTEREST AS THE AUTHORITY SHALL DETERMINE, BUT
29 ONLY IF THE AUTHORITY MAKES A WRITTEN PUBLIC EXPLANATION OF
30 THE CIRCUMSTANCES AND JUSTIFICATION FOR THE PRIVATE SALE BY
20010S1100B2436 - 19 -
1 NEGOTIATION.
2 (2) PENDING THE PREPARATION OF THE DEFINITIVE BONDS,
3 INTERIM RECEIPTS MAY BE ISSUED TO THE PURCHASER OR PURCHASERS
4 OF SUCH BONDS AND MAY CONTAIN SUCH TERMS AND CONDITIONS AS
5 THE AUTHORITY MAY DETERMINE.
6 (D) NEGOTIABLE INSTRUMENTS.--BONDS OF AN AUTHORITY SHALL
7 HAVE THE QUALITIES OF NEGOTIABLE INSTRUMENTS UNDER TITLE 13
8 (RELATING TO COMMERCIAL CODE).
9 (E) REFUNDING.--
10 (1) SUBJECT TO THE PROVISIONS OF THE OUTSTANDING BONDS,
11 NOTES OR OTHER OBLIGATIONS ISSUED UNDER THIS CHAPTER OR PRIOR
12 ACTS AND SUBJECT TO THE PROVISIONS OF THIS CHAPTER, THE
13 AUTHORITY SHALL HAVE THE RIGHT AND POWER TO REFUND ANY
14 OUTSTANDING DEBT, WHETHER THE DEBT REPRESENTS PRINCIPAL OR
15 INTEREST, IN WHOLE OR IN PART, AT ANY TIME.
16 (2) AS USED IN THIS SUBSECTION, "REFUND" AND ITS
17 VARIATIONS SHALL MEAN THE ISSUANCE AND SALE OF OBLIGATIONS
18 THE PROCEEDS OF WHICH ARE USED OR ARE TO BE USED FOR THE
19 PAYMENT OR REDEMPTION OF OUTSTANDING OBLIGATIONS UPON OR
20 PRIOR TO MATURITY. REFUNDING BONDS SHALL MATURE AT SUCH TIME
21 OR TIMES NOT EXCEEDING 40 YEARS FROM THEIR DATES OF ORIGINAL
22 ISSUANCE AS THE AUTHORITY SHALL DETERMINE BY RESOLUTION.
23 (F) CREDIT OF COMMONWEALTH AND POLITICAL SUBDIVISIONS NOT
24 PLEDGED.--UNDER NO CIRCUMSTANCES SHALL ANY BONDS ISSUED BY THE
25 AUTHORITY OR ANY OTHER OBLIGATION OF THE AUTHORITY BE OR BECOME
26 AN INDEBTEDNESS OR LIABILITY OF THE COMMONWEALTH OR OF ANY
27 GOVERNMENT AGENCY, PROVIDED THAT ANY GOVERNMENT AGENCY MAY
28 GUARANTEE BONDS OF AN AUTHORITY TO THE EXTENT AND FOR THE
29 PURPOSES FOR WHICH THE GOVERNMENT AGENCY MAY MAKE LOANS OR
30 GRANTS TO AN AUTHORITY.
20010S1100B2436 - 20 -
1 (G) NONLIABILITY.--NEITHER THE BOARD MEMBERS, ANY EMPLOYEES
2 OF THE AUTHORITY NOR ANY PERSON EXECUTING THE BONDS SHALL BE
3 LIABLE PERSONALLY ON ANY BONDS BY REASON OF THE ISSUANCE
4 THEREOF. BONDS OF AN AUTHORITY SHALL CONTAIN A STATEMENT OF THE
5 LIMITATION SET FORTH IN THIS SUBSECTION.
6 (H) BONDS DEEMED VALID.--ANY BOND RECITING IN SUBSTANCE THAT
7 IT HAS BEEN ISSUED BY THE AUTHORITY TO ACCOMPLISH THE PUBLIC
8 PURPOSES OF THIS CHAPTER SHALL BE CONCLUSIVELY DEEMED IN ANY
9 SUIT, ACTION OR PROCEEDING INVOLVING THE VALIDITY OR
10 ENFORCEABILITY OF THE BONDS OR SECURITY THEREFOR TO HAVE BEEN
11 ISSUED FOR SUCH PURPOSE.
12 (I) NOTICE AND CHALLENGES.--
13 (1) THE AUTHORITY MAY CAUSE A COPY OF ANY RESOLUTION
14 AUTHORIZING THE ISSUANCE OF BONDS ADOPTED BY IT TO BE FILED
15 FOR PUBLIC INSPECTION IN ITS OFFICE AND IN THE OFFICE OF THE
16 CLERK OF THE GOVERNING BODY OF EACH COUNTY AND THE GOVERNING
17 BODY OF A CITY OF THE FIRST CLASS AND MAY THEREUPON CAUSE TO
18 BE PUBLISHED IN A NEWSPAPER PUBLISHED OR CIRCULATING IN ITS
19 SERVICE AREA A NOTICE STATING THE FACT AND DATE OF THE
20 ADOPTION, THE PLACES WHERE THE RESOLUTION HAS BEEN SO FILED
21 FOR PUBLIC INSPECTION, THE DATE OF PUBLICATION OF THE NOTICE
22 AND THAT ANY ACTION OR PROCEEDING OF ANY KIND OR NATURE IN
23 ANY COURT QUESTIONING THE VALIDITY OR PROPER AUTHORIZATION OF
24 BONDS PROVIDED FOR BY THE RESOLUTION, OR THE VALIDITY OF ANY
25 COVENANTS, AGREEMENTS OR CONTRACT PROVIDED FOR BY SUCH
26 RESOLUTION, SHALL BE COMMENCED WITHIN 20 DAYS AFTER THE
27 PUBLICATION OF THE NOTICE.
28 (2) IF ANY NOTICE SHALL AT ANY TIME BE PUBLISHED AND IF
29 NO ACTION OR PROCEEDING QUESTIONING THE VALIDITY OR PROPER
30 AUTHORIZATION OF BONDS PROVIDED FOR BY THE RESOLUTION OR THE
20010S1100B2436 - 21 -
1 VALIDITY OF ANY COVENANTS, AGREEMENTS OR CONTRACT PROVIDED
2 FOR BY SUCH RESOLUTION SHALL BE COMMENCED WITHIN 20 DAYS
3 AFTER THE PUBLICATION OF THE NOTICE, THEN ALL RESIDENTS,
4 TAXPAYERS AND OWNERS OF PROPERTY IN A CITY OF THE FIRST CLASS
5 AND ALL OTHER PERSONS WHATSOEVER SHALL BE FOREVER BARRED AND
6 FORECLOSED FROM INSTITUTING OR COMMENCING ANY ACTION OR
7 PROCEEDING IN ANY COURT OR PLEADING ANY DEFENSE TO ANY ACTION
8 OR PROCEEDINGS QUESTIONING THE VALIDITY OR PROPER
9 AUTHORIZATION OF SUCH BONDS OR THE VALIDITY OF ANY SUCH
10 COVENANTS, AGREEMENTS OR CONTRACTS, AND SAID BONDS,
11 COVENANTS, AGREEMENTS AND CONTRACTS SHALL BE CONCLUSIVELY
12 DEEMED TO BE VALID AND BINDING OBLIGATIONS IN ACCORDANCE WITH
13 THEIR TERMS AND TENOR.
14 (3) AFTER ISSUANCE OF BONDS, ALL BONDS SHALL BE
15 CONCLUSIVELY PRESUMED TO BE FULLY AUTHORIZED AND ISSUED BY
16 ALL THE LAWS OF THIS COMMONWEALTH, AND ANY PERSON SHALL BE
17 ESTOPPED FROM QUESTIONING THEIR SALE, EXECUTION OR DELIVERY
18 BY THE AUTHORITY.
19 (J) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
20 AUTHORITIES IN CITIES OF THE FIRST CLASS.
21 § 5510.4. CONTRACTS WITH OBLIGEES OF AN AUTHORITY IN CITIES OF
22 THE FIRST CLASS.
23 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN ANY
24 RESOLUTION OF AN AUTHORITY AUTHORIZING OR AWARDING BONDS, THE
25 TERMS THEREOF AND OF THIS CHAPTER AS IN EFFECT WHEN THE BONDS
26 WERE AUTHORIZED SHALL CONSTITUTE A CONTRACT BETWEEN THE
27 AUTHORITY AND OBLIGEES OF THE AUTHORITY, SUBJECT TO MODIFICATION
28 IN SUCH MANNER AS THE RESOLUTION, THE TRUST INDENTURE SECURING
29 SUCH BONDS OR THE BONDS SHALL PROVIDE.
30 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
20010S1100B2436 - 22 -
1 AUTHORITIES IN CITIES OF THE FIRST CLASS.
2 § 5510.5. COMMONWEALTH PLEDGES IN CITIES OF THE FIRST CLASS.
3 (A) GENERAL RULE.--THE COMMONWEALTH DOES HEREBY PLEDGE TO
4 AND AGREE WITH:
5 (1) ANY PERSON, FIRM OR CORPORATION, GOVERNMENT AGENCY,
6 WHETHER IN THIS COMMONWEALTH OR ELSEWHERE, OR FEDERAL AGENCY
7 SUBSCRIBING TO OR ACQUIRING THE BONDS TO BE ISSUED BY THE
8 AUTHORITY THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER THE
9 RIGHTS HEREBY VESTED IN THE AUTHORITY IN ANY MANNER
10 INCONSISTENT WITH THE OBLIGATIONS OF THE AUTHORITY TO THE
11 OBLIGEES OF THE AUTHORITY UNTIL ALL BONDS AT ANY TIME ISSUED,
12 TOGETHER WITH THE INTEREST THEREON, ARE FULLY PAID OR
13 PROVIDED FOR. THE COMMONWEALTH DOES FURTHER PLEDGE TO AND
14 AGREE WITH ANY FEDERAL AGENCY THAT, IN THE EVENT THAT ANY
15 FEDERAL AGENCY SHALL CONTRIBUTE ANY FUNDS FOR THE AUTHORITY
16 OR ANY PROJECT, THE COMMONWEALTH WILL NOT ALTER OR LIMIT THE
17 RIGHTS AND POWERS OF THE AUTHORITY IN ANY MANNER WHICH WOULD
18 BE INCONSISTENT WITH THE DUE PERFORMANCE OF ANY AGREEMENTS
19 BETWEEN THE AUTHORITY AND ANY FEDERAL AGENCY.
20 (2) ANY PERSON WHO, AS OWNER THEREOF, LEASES OR
21 SUBLEASES PROPERTY TO OR FROM AN AUTHORITY THAT THE
22 COMMONWEALTH WILL NOT LIMIT OR ALTER THE RIGHTS AND POWERS
23 HEREBY VESTED IN THE AUTHORITY OR OTHERWISE CREATED BY THIS
24 CHAPTER IN ANY MANNER WHICH IMPAIRS THE OBLIGATIONS OF THE
25 AUTHORITY UNTIL ALL OBLIGATIONS OF THE AUTHORITY UNDER THE
26 LEASE OR SUBLEASE ARE FULLY MET AND DISCHARGED.
27 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
28 AUTHORITIES IN CITIES OF THE FIRST CLASS.
29 § 5510.6. PROVISIONS OF BONDS AND TRUST INDENTURES IN CITIES OF
30 THE FIRST CLASS.
20010S1100B2436 - 23 -
1 (A) GENERAL RULE.--IN CONNECTION WITH THE ISSUANCE OF BONDS
2 OR THE INCURRING OF OBLIGATIONS UNDER LEASES, AND IN ORDER TO
3 SECURE THE PAYMENT OF THE BONDS AND OBLIGATIONS, THE AUTHORITY,
4 IN ADDITION TO ITS OTHER POWERS, SHALL HAVE THE POWER TO:
5 (1) PLEDGE OR GRANT A SECURITY INTEREST, SENIOR, PARITY
6 OR SUBORDINATED, IN ALL OR ANY PART OF ITS REVENUES, TO WHICH
7 ITS RIGHT THEN EXISTS OR MAY THEREAFTER COME INTO EXISTENCE.
8 (2) GRANT A LIEN ON OR A SECURITY INTEREST IN, SENIOR,
9 PARITY OR SUBORDINATED, IN ALL OR ANY PART OF ITS REAL OR
10 PERSONAL PROPERTY THEN OWNED OR THEREAFTER ACQUIRED. THIS
11 PARAGRAPH DOES NOT APPLY TO THE FIRST CLASS CITY TAXICAB
12 REGULATORY FUND.
13 (3) PROVIDE FOR THE ISSUANCE OF UNSECURED BONDS, LIMITED
14 RECOURSE BONDS OR NONRECOURSE BONDS.
15 (4) ENTER INTO TRUST INDENTURES SECURING BONDS,
16 INCLUDING, BUT NOT LIMITED TO, MASTER TRUST INDENTURES.
17 (5) COVENANT AGAINST PLEDGING OR GRANTING A LIEN ON OR
18 SECURITY INTEREST IN ALL OR ANY PART OF ITS REVENUES OR ALL
19 OR ANY PART OF ITS REAL OR PERSONAL PROPERTY TO WHICH ITS
20 RIGHT OR TITLE EXISTS OR MAY THEREAFTER COME INTO EXISTENCE,
21 OR AGAINST PERMITTING OR SUFFERING ANY LIEN ON THE REVENUES
22 OR PROPERTY, COVENANT WITH RESPECT TO LIMITATIONS ON ITS
23 RIGHT TO SELL, LEASE OR OTHERWISE DISPOSE OF ANY OF ITS REAL
24 PROPERTY AND COVENANT AS TO WHICH OTHER OR ADDITIONAL DEBTS
25 OR OBLIGATIONS MAY BE INCURRED BY IT.
26 (6) COVENANT AS TO THE BONDS TO BE ISSUED AND AS TO THE
27 ISSUANCE OF SUCH BONDS, IN ESCROW OR OTHERWISE, AND AS TO THE
28 USE AND DISPOSITION OF THE PROCEEDS THEREOF, PROVIDE FOR THE
29 REPLACEMENT OF LOST, DESTROYED OR MUTILATED BONDS, COVENANT
30 AGAINST EXTENDING THE TIME FOR THE PAYMENT OF ITS BONDS OR
20010S1100B2436 - 24 -
1 INTEREST THEREON AND COVENANT FOR THE REDEMPTION OF BONDS AND
2 PROVIDE THE TERMS AND CONDITIONS THEREOF.
3 (7) COVENANT AS TO THE AMOUNT OF REVENUES TO BE RAISED
4 IN EACH FISCAL YEAR OR OTHER PERIOD OF TIME BY THE AUTHORITY,
5 AS WELL AS TO THE USE AND DISPOSITION TO BE MADE THEREOF,
6 CREATE OR AUTHORIZE THE CREATION OF SPECIAL FUNDS FOR DEBT
7 SERVICE OR OTHER PURPOSES AND COVENANT AS TO THE USE AND
8 DISPOSITION OF THE MONEYS HELD IN SUCH FUNDS.
9 (8) PRESCRIBE THE PROCEDURE, IF ANY, BY WHICH THE TERMS
10 OF ANY CONTRACT WITH OBLIGEES OF THE AUTHORITY MAY BE
11 SUPPLEMENTED, AMENDED OR ABROGATED, PRESCRIBE WHICH
12 SUPPLEMENTS OR AMENDMENTS WILL REQUIRE THE CONSENT OF
13 OBLIGEES OF THE AUTHORITY AND THE AMOUNT OF BONDS TO BE HELD
14 BY OBLIGEES TO EFFECT SUCH CONSENT AND PRESCRIBE THE MANNER
15 IN WHICH SUCH CONSENT MAY BE GIVEN.
16 (9) COVENANT AS TO THE USE OF ANY OR ALL OF ITS REAL OR
17 PERSONAL PROPERTY, WARRANT ITS TITLE AND COVENANT AS TO THE
18 MAINTENANCE OF ITS REAL AND PERSONAL PROPERTY, THE
19 REPLACEMENT THEREOF, THE INSURANCE TO BE CARRIED THEREON AND
20 THE USE AND DISPOSITION OF INSURANCE PROCEEDS.
21 (10) COVENANT AS TO THE RIGHTS, LIABILITIES, POWERS AND
22 DUTIES ARISING UPON THE BREACH BY IT OF ANY COVENANT,
23 CONDITION OR OBLIGATION.
24 (11) VEST IN THE OBLIGEES OF THE AUTHORITY OR ANY
25 PROPORTION OF THEM THE RIGHT TO ENFORCE THE PAYMENT OF THE
26 BONDS OR ANY COVENANTS SECURING OR RELATING TO THE BONDS;
27 VEST IN A TRUSTEE THE RIGHT, IN THE EVENT OF DEFAULT BY THE
28 AUTHORITY, TO TAKE POSSESSION AND USE, OPERATE AND MANAGE ANY
29 REAL OR PERSONAL PROPERTY AND TO COLLECT THE RENTS AND
30 REVENUES ARISING THEREFROM AND TO DISPOSE OF SUCH MONEYS IN
20010S1100B2436 - 25 -
1 ACCORDANCE WITH THE AGREEMENT OF THE AUTHORITY WITH SUCH
2 TRUSTEE; PROVIDE FOR THE POWERS AND DUTIES OF A TRUSTEE AND
3 TO LIMIT LIABILITIES THEREOF; AND PROVIDE THE TERMS AND
4 CONDITIONS UPON WHICH THE TRUSTEE OR THE OBLIGEES OF THE
5 AUTHORITY OR ANY PROPORTION OF THEM MAY ENFORCE ANY COVENANT
6 OR RIGHTS SECURING OR RELATING TO THE BONDS.
7 (12) NEGOTIATE AND ENTER INTO INTEREST RATE EXCHANGE
8 AGREEMENTS, INTEREST RATE CAP, COLLAR, CORRIDOR, CEILING AND
9 FLOOR AGREEMENTS, FORWARD AGREEMENTS, FLOAT AGREEMENTS AND
10 OTHER SIMILAR ARRANGEMENTS WHICH, IN THE JUDGMENT OF THE
11 AUTHORITY, WILL ASSIST THE AUTHORITY IN MANAGING THE INTEREST
12 COSTS OF THE AUTHORITY.
13 (13) OBTAIN LETTERS OF CREDIT, BOND INSURANCE AND OTHER
14 FACILITIES FOR CREDIT ENHANCEMENT AND LIQUIDITY.
15 (14) EXERCISE ALL OR ANY PART OR COMBINATION OF THE
16 POWERS GRANTED IN THIS SECTION TO MAKE COVENANTS OTHER THAN
17 AND IN ADDITION TO THE COVENANTS EXPRESSLY AUTHORIZED IN THIS
18 SECTION, TO MAKE SUCH COVENANTS AND TO DO ANY AND ALL SUCH
19 ACTS AND THINGS AS MAY BE NECESSARY OR CONVENIENT OR
20 DESIRABLE IN ORDER TO SECURE ITS BONDS, OR, IN THE ABSOLUTE
21 DISCRETION OF THE AUTHORITY, AS WILL TEND TO ACCOMPLISH THE
22 PURPOSES OF THIS CHAPTER, BY MAKING THE BONDS MORE MARKETABLE
23 NOTWITHSTANDING THAT SUCH COVENANTS, ACTS OR THINGS MAY NOT
24 BE SPECIFICALLY ENUMERATED IN THIS SECTION.
25 (15) THE REVENUES OF THE AUTHORITY AND THE REAL AND
26 TANGIBLE PERSONAL PROPERTY OF THE AUTHORITY SHALL BE PLEDGED
27 OR OTHERWISE ENCUMBERED ONLY AS EXPRESSLY PROVIDED IN THIS
28 SECTION AND, EXCEPT TO THE EXTENT NECESSARY TO EFFECTUATE
29 SUCH PLEDGE OR ENCUMBRANCE, SHALL NOT BE SUBJECT TO
30 ATTACHMENT NOR LEVIED UPON BY EXECUTION OR OTHERWISE.
20010S1100B2436 - 26 -
1 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
2 AUTHORITIES IN CITIES OF THE FIRST CLASS.
3 § 5510.7. FUNDS COLLECTED ON BEHALF OF A MUNICIPALITY.
4 (A) GENERAL RULE.--FUNDS COLLECTED OR RECEIVED BY THE
5 AUTHORITY ON BEHALF OF A MUNICIPALITY UNDER SECTION 5505(D)(21)
6 (RELATING TO PURPOSES AND POWERS) SHALL NOT BE DEEMED TO
7 CONSTITUTE REVENUES AND RECEIPTS OF THE AUTHORITY UNDER THIS
8 CHAPTER OR BE SUBJECT TO ANY DEBT OR OBLIGATION OF THE
9 AUTHORITY.
10 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
11 AUTHORITIES IN CITIES OF THE FIRST CLASS.
12 § 5510.8. BONDS TO BE LEGAL INVESTMENTS.
13 (A) GENERAL RULE.--BONDS ISSUED UNDER THIS CHAPTER ARE
14 HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND THE
15 INSTRUMENTALITIES AND AGENCIES OF THE COMMONWEALTH AND ITS
16 POLITICAL SUBDIVISIONS, ALL INSURANCE COMPANIES, BANKS, BANK AND
17 TRUST COMPANIES, TRUST COMPANIES, BANKING ASSOCIATIONS, BANKING
18 CORPORATIONS, SAVINGS BANKS, INVESTMENT COMPANIES, EXECUTORS,
19 TRUSTEES, THE TRUSTEES OF ANY RETIREMENT, PENSION OR ANNUITY
20 FUND OR SYSTEM OF THE COMMONWEALTH AND OTHER FIDUCIARIES MAY
21 PROPERLY AND LEGALLY INVEST FUNDS, INCLUDING CAPITAL, DEPOSITS
22 OR OTHER FUNDS IN THEIR CONTROL OR BELONGING TO THEM. THESE
23 BONDS ARE HEREBY MADE SECURITIES WHICH MAY PROPERLY AND LEGALLY
24 BE DEPOSITED WITH AND RECEIVED BY ANY COMMONWEALTH OR MUNICIPAL
25 OFFICER OR ANY AGENCY OR INSTRUMENTALITY OR POLITICAL
26 SUBDIVISION OF THE COMMONWEALTH FOR ANY PURPOSE FOR WHICH THE
27 DEPOSIT OF BONDS OR OTHER OBLIGATIONS OF THE COMMONWEALTH NOW OR
28 MAY HEREAFTER BE AUTHORIZED BY LAW.
29 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
30 AUTHORITIES IN CITIES OF THE FIRST CLASS.
20010S1100B2436 - 27 -
1 § 5510.9. VALIDITY OF PLEDGE.
2 (A) GENERAL RULE.--ANY PLEDGE OF OR GRANT OF A LIEN ON OR
3 SECURITY INTEREST IN REVENUES OF AN AUTHORITY OR REAL OR
4 PERSONAL PROPERTY OF AN AUTHORITY MADE BY AN AUTHORITY SHALL BE
5 VALID AND BINDING FROM THE TIME WHEN THE PLEDGE IS MADE, THE
6 REVENUES OR OTHER PROPERTY SO PLEDGED AND THEREAFTER RECEIVED BY
7 THE AUTHORITY MAKING SUCH PLEDGE SHALL IMMEDIATELY BE SUBJECT TO
8 THE LIEN OF ANY SUCH PLEDGE, LIEN OR SECURITY INTEREST WITHOUT
9 ANY PHYSICAL DELIVERY THEREOF OR FURTHER ACT, AND THE LIEN OF
10 ANY SUCH PLEDGE OR SECURITY INTEREST SHALL BE VALID AND BINDING
11 AS AGAINST ALL PARTIES HAVING CLAIMS OF ANY KIND IN TORT,
12 CONTRACT OR OTHERWISE AGAINST THE AUTHORITY IRRESPECTIVE OF
13 WHETHER THE PARTIES HAVE NOTICE THEREOF. NEITHER THE RESOLUTION
14 NOR ANY OTHER INSTRUMENT OF THE AUTHORITY BY WHICH A PLEDGE,
15 LIEN OR SECURITY INTEREST IS CREATED NEED BE RECORDED OR FILED
16 TO PERFECT SUCH PLEDGE OR SECURITY INTEREST.
17 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
18 AUTHORITIES IN CITIES OF THE FIRST CLASS.
19 § 5510.10. SECURITY INTEREST IN FUNDS AND ACCOUNTS.
20 (A) GENERAL RULE.--ANY MONEYS DEPOSITED IN ANY FUND CREATED
21 BY THE AUTHORITY PLEDGED TO BE USED TO PAY DEBT SERVICE ON BONDS
22 OF THE AUTHORITY, INCLUDING ANY SINKING FUND OR DEBT SERVICE
23 RESERVE FUND, AND ALL INVESTMENTS AND PROCEEDS OF INVESTMENTS
24 THEREOF, SHALL, WITHOUT FURTHER ACTION OR FILING, BE SUBJECTED
25 TO A PERFECTED SECURITY INTEREST FOR THE OBLIGEES OF THE
26 AUTHORITY WITH RESPECT TO THE BONDS UNTIL SUCH MONEYS OR
27 INVESTMENTS SHALL BE PROPERLY DISBURSED IN ACCORDANCE WITH THIS
28 CHAPTER AND SUBJECT TO THE TERMS OF ANY TRUST INDENTURE OR OTHER
29 CONTRACT BETWEEN THE AUTHORITY AND THE OBLIGEES OF THE AUTHORITY
30 WITH RESPECT TO THE BONDS.
20010S1100B2436 - 28 -
1 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
2 AUTHORITIES IN CITIES OF THE FIRST CLASS.
3 § 5510.11. LIMITATION ON AUTHORITY UNDER FEDERAL BANKRUPTCY
4 CODE.
5 (A) GENERAL RULE.--SO LONG AS AN AUTHORITY SHALL HAVE
6 OUTSTANDING ANY BONDS ISSUED UNDER THIS CHAPTER, THE AUTHORITY
7 SHALL NOT BE AUTHORIZED TO FILE A PETITION FOR RELIEF UNDER 11
8 U.S.C. CHAPTER 9 (RELATING TO ADJUSTMENT OF DEBTS OF A
9 MUNICIPALITY), AND NO PUBLIC OFFICER OR AGENCY OR
10 INSTRUMENTALITY OF THE COMMONWEALTH SHALL AUTHORIZE THE
11 AUTHORITY TO BECOME A DEBTOR UNDER 11 U.S.C. CHAPTER 9 SO LONG
12 AS ANY BONDS ISSUED UNDER THIS CHAPTER ARE OUTSTANDING.
13 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
14 AUTHORITIES IN CITIES OF THE FIRST CLASS.
15 Section 2 6.1. Sections 5610(b) and 5612(b) of Title 53 are <--
16 amended to read:
17 § 5610. Governing body.
18 * * *
19 (b) Residency.--
20 (1) Except as provided for in subsection (c), the
21 members of the board, each of whom shall be a taxpayer in,
22 maintain a business in or be a citizen of the municipality by
23 which he is appointed or be a taxpayer in, maintain a
24 business in or be a citizen of a municipality into which one
25 or more of the projects of the authority extends or is to
26 extend or to which one or more projects has been or is to be
27 leased, shall be appointed, their terms fixed and staggered
28 and vacancies filled pursuant to the articles of
29 incorporation or the application of membership under section
30 5604 (relating to municipalities withdrawing from and joining
20010S1100B2436 - 29 -
1 in joint authorities). Where two or more municipalities are
2 members of the authority, they shall be apportioned pursuant
3 to the articles of incorporation or the application for
4 membership under section 5604. Except for special service
5 districts located in whole or in part in cities of the first
6 class or as provided in paragraph (2), a majority of an
7 authority's board members shall be citizens residing in the
8 incorporating municipality or incorporating municipality or
9 incorporating municipalities of the authority. IN THE CASE OF <--
10 A MUNICIPALITY WHICH IS A TOWN, THE REQUIREMENT OF
11 MAINTAINING A BUSINESS IS SATISFIED IF THE INDIVIDUAL AT ANY
12 TIME HAS MAINTAINED A BUSINESS.
13 (2) Each member of the board of a business improvement
14 district authority [that was] established by a [borough]
15 municipality pursuant to the act of May 2, 1945 (P.L.382,
16 No.164), known as the Municipality Authorities Act of 1945,
17 [on or before the effective date of this paragraph] or
18 pursuant to this title, or each member of the board of a
19 neighborhood improvement district management association
20 (NIDMA) authority established by a municipality pursuant to
21 the act of December 20, 2000 (P.L.949, No.130), known as the
22 Neighborhood Improvement District Act, shall be a taxpayer
23 in, maintain a business in or be a citizen of the [borough]
24 municipality by which that member is appointed.
25 * * *
26 § 5612. Money of authority.
27 * * *
28 (b) Report.--Every authority whose fiscal year ends December
29 31 shall file on or before July 1 an annual report of its fiscal
30 affairs covering the preceding calendar year with the Department
20010S1100B2436 - 30 -
1 of Community and Economic Development and with the municipality
2 creating the authority on forms prepared and distributed by the
3 Department of Community and Economic Development. Authorities
4 whose fiscal year does not end on December 31 shall file the
5 report within 90 days after the end of their fiscal year. Every
6 authority shall have its books, accounts and records audited
7 annually by a certified public accountant, and a copy of his
8 audit report shall be filed in [the same manner and within the
9 same time period as the annual report] the authority office for
10 the purpose of public review and in the office of the
11 municipality or municipalities that created the authority. A
12 concise financial statement shall be published annually at least
13 once in a newspaper of general circulation in the municipality
14 where the principal office of the authority is located. If the
15 publication is not made by the authority, the municipality shall
16 publish such statement at the expense of the authority. If the
17 authority fails to make such an audit, then the controller,
18 auditor or accountant designated by the municipality is hereby
19 authorized and empowered from time to time to examine at the
20 expense of the authority the accounts and books of it, including
21 its receipts, disbursements, contracts, leases, sinking funds,
22 investments and any other matters relating to its finances,
23 operation and affairs.
24 * * *
25 Section 3. This act shall take effect immediately. <--
26 SECTION 7. TITLE 53 IS AMENDED BY ADDING CHAPTERS TO READ: <--
27 CHAPTER 57
28 TAXICABS AND LIMOUSINES IN FIRST CLASS CITIES
29 SUBCHAPTER
30 A. GENERAL PROVISIONS
20010S1100B2436 - 31 -
1 B. TAXICABS
2 C. LIMOUSINES
3 SUBCHAPTER A
4 GENERAL PROVISIONS
5 SEC.
6 5701. DEFINITIONS.
7 5702. ADVISORY COMMITTEE.
8 5703. RATES.
9 5704. POWER OF AUTHORITY TO REQUIRE INSURANCE.
10 § 5701. DEFINITIONS.
11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
12 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
13 CONTEXT CLEARLY INDICATES OTHERWISE:
14 "AUTHORITY." A PARKING AUTHORITY IN A CITY OF THE FIRST
15 CLASS.
16 "FIRST CLASS CITY TAXICAB REGULATORY FUND" OR "FUND." A FUND
17 ADMINISTERED BY THE AUTHORITY TO WHICH ALL MONEYS COLLECTED
18 PURSUANT TO THE REQUIREMENTS OF THIS CHAPTER SHALL BE DEPOSITED
19 AND FROM WHICH ALL EXPENSES AND COSTS ASSOCIATED WITH
20 ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER SHALL BE PAID.
21 MONEY DEPOSITED IN THE FUND SHALL NOT BE USED FOR ANY PURPOSE
22 NOT SPECIFIED IN THIS CHAPTER.
23 "LIMOUSINE SERVICE." LOCAL, NONSCHEDULED COMMON CARRIER
24 SERVICE FOR PASSENGERS ON AN EXCLUSIVE BASIS FOR COMPENSATION.
25 THE TERM DOES NOT INCLUDE TAXICAB SERVICE, PARATRANSIT SERVICE
26 OR EMPLOYEE COMMUTER VAN POOLING.
27 "TAXI DRIVER'S CERTIFICATE." A CERTIFICATE OR PERMIT TO
28 DRIVE A TAXICAB ISSUED PURSUANT TO SECTION 5719 (RELATING TO
29 DRIVER CERTIFICATION PROGRAM).
30 "TAXICAB." A MOTOR VEHICLE DESIGNED FOR CARRYING NO MORE
20010S1100B2436 - 32 -
1 THAN EIGHT PASSENGERS, EXCLUSIVE OF THE DRIVER, ON A CALL OR
2 DEMAND BASIS AND USED FOR THE TRANSPORTATION OF PERSONS FOR
3 COMPENSATION.
4 § 5702. ADVISORY COMMITTEE.
5 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED AN ADVISORY
6 COMMITTEE TO BE KNOWN AS THE CITY OF THE FIRST CLASS TAXICAB AND
7 LIMOUSINE ADVISORY COMMITTEE. THE AUTHORITY SHALL SUBMIT TO THE
8 ADVISORY COMMITTEE ISSUES AND QUESTIONS FOR THEIR CONSIDERATION
9 REGARDING THE REGULATION, ENFORCEMENT, COMPLIANCE AND OPERATION
10 OF TAXICABS AND LIMOUSINES IN CITIES OF THE FIRST CLASS. THE
11 ADVISORY COMMITTEE MAY THOROUGHLY CONSIDER THE QUESTIONS AND
12 ISSUES SUBMITTED BY THE AUTHORITY AND MAY PREPARE AND TRANSMIT
13 TO THE AUTHORITY AND THE PUBLIC WRITTEN COMMENTS. THE ADVISORY
14 COMMITTEE MAY SUBMIT SUGGESTIONS AND PROPOSALS TO THE AUTHORITY
15 IN WRITING ON TOPICS CONSIDERED IMPORTANT BY A MAJORITY OF THE
16 MEMBERS. ALL ACTIONS OF THE ADVISORY COMMITTEE SHALL BE
17 CONSIDERED STRICTLY ADVISORY AND THE AUTHORITY SHALL GIVE
18 CAREFUL AND DUE CONSIDERATION TO THE COMMENTS AND PROPOSALS OF
19 THE ADVISORY COMMITTEE.
20 (B) MEMBERSHIP.--
21 (1) THE ADVISORY COMMITTEE SHALL CONSIST OF THE
22 FOLLOWING MEMBERS:
23 (I) TEN MEMBERS APPOINTED BY THE CHAIRMAN OF THE
24 AUTHORITY OR HIS DESIGNEE AS FOLLOWS:
25 (A) ONE TAXI DRIVER.
26 (B) ONE MEDALLION OWNER.
27 (C) ONE DISPATCH OWNER.
28 (D) ONE MEMBER OF THE PUBLIC WHO UTILIZES
29 TAXICABS OR LIMOUSINES.
30 (E) ONE LIMOUSINE OWNER.
20010S1100B2436 - 33 -
1 (F) ONE REPRESENTATIVE OF THE HOSPITALITY
2 INDUSTRY FROM A LIST OF FIVE NOMINEES ASSEMBLED BY
3 THE PHILADELPHIA CONVENTION AND VISITOR'S BUREAU.
4 (G) ONE RESIDENT OF A SECOND CLASS A COUNTY.
5 (H) ONE RESIDENT OF A THIRD CLASS COUNTY.
6 (I) ONE REPRESENTATIVE OF THE PHILADELPHIA
7 INTERNATIONAL AIRPORT.
8 (J) ONE REPRESENTATIVE OF A MAJOR TRAIN STATION
9 IN A CITY OF THE FIRST CLASS.
10 (II) ONE MEMBER APPOINTED BY THE MAYOR OF A CITY OF
11 THE FIRST CLASS OR HIS DESIGNEE.
12 (III) ONE MEMBER APPOINTED BY THE PUBLIC UTILITY
13 COMMISSION.
14 (2) THE ADVISORY COMMITTEE MAY CONSIST OF UP TO TEN
15 ADDITIONAL MEMBERS APPOINTED BY THE CHAIRMAN OF THE AUTHORITY
16 OR HIS DESIGNEE.
17 (C) TERMS.--THE MEMBERS SHALL SERVE TWO-YEAR TERMS, EXCEPT
18 THAT ONE HALF OF THE INITIAL APPOINTEES SHALL BE APPOINTED FOR A
19 ONE-YEAR TERM AND ONE HALF OF THE INITIAL APPOINTEES SHALL BE
20 APPOINTED FOR A TWO-YEAR TERM. NO MEMBER SHALL SERVE MORE THAN
21 THREE CONSECUTIVE TERMS.
22 (D) OFFICERS.--THE AUTHORITY SHALL DESIGNATE A CHAIRMAN,
23 VICE-CHAIRMAN AND SECRETARY OF THE ADVISORY COMMITTEE FROM THE
24 MEMBERS OF THE ADVISORY COMMITTEE.
25 (E) QUORUM.--A MAJORITY OF THE MEMBERS OF THE ADVISORY
26 COMMITTEE PLUS ONE ADDITIONAL MEMBER SHALL CONSTITUTE A QUORUM.
27 (F) COMPENSATION.--MEMBERS OF THE ADVISORY COMMITTEE SHALL
28 NOT RECEIVE ANY COMPENSATION FOR THE PERFORMANCE OF THEIR
29 DUTIES.
30 § 5703. RATES.
20010S1100B2436 - 34 -
1 (A) RATES TO BE JUST AND REASONABLE.--EVERY RATE MADE,
2 DEMANDED OR RECEIVED BY A TAXICAB OR LIMOUSINE SERVICE SHALL BE
3 JUST AND REASONABLE AND IN CONFORMITY WITH REGULATIONS OR ORDERS
4 OF THE AUTHORITY.
5 (B) TARIFFS.--UNDER REGULATIONS AS THE AUTHORITY MAY
6 PRESCRIBE, EVERY TAXICAB OR LIMOUSINE SERVICE SHALL FILE WITH
7 THE AUTHORITY, WITHIN THE TIME AND IN THE FORM AS THE AUTHORITY
8 MAY DESIGNATE, TARIFFS SHOWING ALL RATES ESTABLISHED BY IT AND
9 COLLECTED OR ENFORCED OR TO BE COLLECTED OR ENFORCED WITHIN
10 CITIES OF THE FIRST CLASS. EVERY TAXICAB OR LIMOUSINE SERVICE
11 SHALL KEEP COPIES OF TARIFFS OPEN TO PUBLIC INSPECTION UNDER
12 RULES AND REGULATIONS AS THE AUTHORITY MAY PRESCRIBE. UPON
13 REQUEST, THE TAXICAB OR LIMOUSINE SERVICE SHALL MAKE AVAILABLE
14 AT LEAST ONE COPY OF ANY RATE FILING AT A CONVENIENT LOCATION
15 AND FOR A REASONABLE LENGTH OF TIME WITHIN A CITY OF THE FIRST
16 CLASS, FOR INSPECTION AND STUDY BY CUSTOMERS.
17 (C) ADHERENCE TO TARIFFS.--NO TAXICAB OR LIMOUSINE SERVICE
18 SHALL, DIRECTLY OR INDIRECTLY, BY ANY DEVICE WHATSOEVER OR IN
19 ANY WAY, DEMAND OR RECEIVE FROM ANY PERSON, CORPORATION OR
20 MUNICIPAL CORPORATION A GREATER OR LESSER RATE FOR ANY SERVICE
21 RENDERED OR TO BE RENDERED BY THE TAXICAB OR LIMOUSINE SERVICE
22 THAN THAT SPECIFIED IN THE TARIFFS OF THE TAXICAB OR LIMOUSINE
23 SERVICE.
24 (D) DISCRIMINATION IN RATES.--NO TAXICAB OR LIMOUSINE
25 SERVICE SHALL MAKE OR GRANT ANY UNREASONABLE PREFERENCE OR
26 ADVANTAGE TO ANY PERSON, CORPORATION OR MUNICIPAL CORPORATION,
27 OR SUBJECT ANY PERSON, CORPORATION OR MUNICIPAL CORPORATION TO
28 ANY UNREASONABLE PREJUDICE OR DISADVANTAGE CONCERNING ITS RATE.
29 NO TAXICAB OR LIMOUSINE SERVICE SHALL ESTABLISH OR MAINTAIN ANY
30 UNREASONABLE DIFFERENCE AS TO RATES. THIS SUBSECTION SHALL NOT
20010S1100B2436 - 35 -
1 PROHIBIT THE ESTABLISHMENT OF REASONABLE ZONE OR GROUP SYSTEMS
2 OR CLASSIFICATIONS OF RATES.
3 (E) VOLUNTARY CHANGES IN RATES.--
4 (1) UNLESS THE AUTHORITY OTHERWISE ORDERS, NO TAXICAB OR
5 LIMOUSINE SERVICE SHALL MAKE ANY CHANGE IN ANY EXISTING AND
6 DULY ESTABLISHED RATE, EXCEPT AFTER 60 DAYS' NOTICE TO THE
7 AUTHORITY, WHICH SHALL PLAINLY STATE THE CHANGES PROPOSED TO
8 BE MADE IN THE RATES THEN IN FORCE AND THE TIME WHEN THE
9 CHANGED RATES WILL GO INTO EFFECT. THE TAXICAB OR LIMOUSINE
10 SERVICE SHALL ALSO GIVE NOTICE OF THE PROPOSED CHANGES TO
11 OTHER INTERESTED PERSONS AS THE AUTHORITY, IN ITS DISCRETION,
12 MAY DIRECT. THE NOTICES REGARDING THE PROPOSED CHANGES WHICH
13 ARE PROVIDED SHALL BE IN PLAIN, UNDERSTANDABLE LANGUAGE AS
14 THE AUTHORITY PRESCRIBES. ALL PROPOSED CHANGES SHALL BE SHOWN
15 BY FILING NEW TARIFFS OR SUPPLEMENTS TO EXISTING TARIFFS
16 FILED AND IN FORCE AT THE TIME. THE AUTHORITY, FOR GOOD CAUSE
17 SHOWN, MAY ALLOW CHANGES IN RATES, WITHOUT REQUIRING THE 60
18 DAYS' NOTICE, UNDER CONDITIONS AS IT MAY PRESCRIBE.
19 (2) WHENEVER THERE IS FILED WITH THE AUTHORITY BY ANY
20 TAXICAB OR LIMOUSINE SERVICE ANY TARIFF STATING A NEW RATE,
21 THE AUTHORITY MAY, EITHER UPON COMPLAINT OR UPON ITS OWN
22 MOTION AND UPON REASONABLE NOTICE, CONDUCT A HEARING
23 CONCERNING THE LAWFULNESS OF THE RATE. PENDING THE HEARING
24 AND ITS OUTCOME, THE AUTHORITY, UPON FILING THE TARIFF AND
25 DELIVERING TO THE TAXICAB OR LIMOUSINE SERVICE AFFECTED A
26 STATEMENT IN WRITING OF ITS REASONS MAY, AT ANY TIME BEFORE
27 IT BECOMES EFFECTIVE, SUSPEND THE OPERATION OF THE RATE FOR A
28 PERIOD NOT LONGER THAN NINE MONTHS FROM THE TIME IT WOULD
29 OTHERWISE BECOME EFFECTIVE. THE RATE IN FORCE WHEN THE TARIFF
30 STATING THE NEW RATE WAS FILED SHALL CONTINUE IN FORCE DURING
20010S1100B2436 - 36 -
1 THE PERIOD OF SUSPENSION, UNLESS THE AUTHORITY SHALL
2 ESTABLISH A TEMPORARY RATE. THE AUTHORITY SHALL CONSIDER THE
3 EFFECT OF THE SUSPENSION IN FINALLY DETERMINING AND
4 PRESCRIBING THE RATES TO BE CHARGED AND COLLECTED BY THE
5 TAXICAB OR LIMOUSINE SERVICE.
6 (3) IF, AFTER THE HEARING CONDUCTED PURSUANT TO
7 PARAGRAPH (2), THE AUTHORITY FINDS ANY RATE TO BE UNJUST OR
8 UNREASONABLE OR IN ANY WAY IN VIOLATION OF LAW, IT SHALL
9 DETERMINE THE JUST AND REASONABLE RATE TO BE CHARGED OR
10 APPLIED BY THE TAXICAB OR LIMOUSINE SERVICE FOR THE SERVICE
11 IN QUESTION AND SHALL FIX THE RATE BY ORDER, TO BE SERVED
12 UPON THE TAXICAB OR LIMOUSINE SERVICE. THE RATE SHALL THEN BE
13 OBSERVED UNTIL CHANGED.
14 (F) TEMPORARY RATES.--THE AUTHORITY MAY, IN ANY PROCEEDING
15 INVOLVING THE RATES OF A TAXICAB OR LIMOUSINE SERVICE, AFTER
16 REASONABLE NOTICE AND HEARING AND IF THE PUBLIC INTEREST
17 REQUIRES, IMMEDIATELY FIX, DETERMINE AND PRESCRIBE TEMPORARY
18 RATES TO BE CHARGED BY A TAXICAB OR LIMOUSINE SERVICE, PENDING
19 THE FINAL DETERMINATION OF THE RATE PROCEEDING.
20 (G) FAIR RETURN.--IN FIXING ANY RATE OF A TAXICAB OR
21 LIMOUSINE SERVICE ENGAGED EXCLUSIVELY AS A COMMON CARRIER BY
22 MOTOR VEHICLE, THE AUTHORITY MAY FIX THE FAIR RETURN BY RELATING
23 THE FAIR AND REASONABLE OPERATING EXPENSES, DEPRECIATION, TAXES
24 AND OTHER COSTS OF FURNISHING SERVICE TO OPERATING REVENUES.
25 (H) REFUNDS.--IF, IN ANY PROCEEDING INVOLVING RATES, THE
26 AUTHORITY DETERMINES THAT ANY RATE RECEIVED BY A TAXICAB OR
27 LIMOUSINE SERVICE WAS UNJUST OR UNREASONABLE OR WAS IN VIOLATION
28 OF ANY REGULATION OR ORDER OF THE AUTHORITY OR WAS IN EXCESS OF
29 THE APPLICABLE RATE CONTAINED IN AN EXISTING AND EFFECTIVE
30 TARIFF OF THE TAXICAB OR LIMOUSINE SERVICE, THE AUTHORITY SHALL
20010S1100B2436 - 37 -
1 HAVE THE POWER TO MAKE AN ORDER REQUIRING THE PUBLIC UTILITY TO
2 REFUND THE AMOUNT OF ANY EXCESS PAID BY ANY PATRON.
3 § 5704. POWER OF AUTHORITY TO REQUIRE INSURANCE.
4 THE AUTHORITY MAY, BY REGULATION OR ORDER, PRESCRIBE FOR A
5 TAXICAB OR LIMOUSINE SERVICE REQUIREMENTS AS IT MAY DEEM
6 NECESSARY FOR THE PROTECTION OF PERSONS OR PROPERTY OF THEIR
7 PATRONS AND THE PUBLIC, INCLUDING THE FILING OF SURETY BONDS,
8 THE CARRYING OF INSURANCE OR THE QUALIFICATIONS AND CONDITIONS
9 UNDER WHICH CARRIERS MAY ACT AS SELF-INSURERS WITH RESPECT TO
10 THE REQUIREMENTS.
11 SUBCHAPTER B
12 TAXICABS
13 SEC.
14 5711. POWER OF AUTHORITY TO ISSUE CERTIFICATES OF PUBLIC
15 CONVENIENCE.
16 5712. MEDALLION SYSTEM.
17 5713. PROPERTY AND LICENSING RIGHTS.
18 5714. CERTIFICATE AND MEDALLION REQUIRED.
19 5715. CONTESTED COMPLAINTS.
20 5716. REISSUANCE OF MEDALLION.
21 5717. ADDITIONAL CERTIFICATES AND MEDALLIONS.
22 5718. RESTRICTIONS.
23 5719. DRIVER CERTIFICATION PROGRAM.
24 5720. WAGES.
25 5721. CENTRALIZED DISPATCHER.
26 5722. REGULATIONS.
27 5723. BUDGET AND FEES.
28 5724. CRIMINAL PENALTIES.
29 5725. CIVIL PENALTIES.
30 § 5711. POWER OF AUTHORITY TO ISSUE CERTIFICATES OF PUBLIC
20010S1100B2436 - 38 -
1 CONVENIENCE.
2 (A) GENERAL RULE.--IN ADDITION TO THE POWERS CONFERRED UPON
3 THE AUTHORITY BY OTHER PROVISIONS OF THIS TITLE, THE AUTHORITY
4 IS EMPOWERED TO ISSUE CERTIFICATES OF PUBLIC CONVENIENCE IN
5 ACCORDANCE WITH THIS SUBCHAPTER.
6 (B) APPLICATION.--EVERY APPLICATION FOR A CERTIFICATE OF
7 PUBLIC CONVENIENCE SHALL BE MADE TO THE AUTHORITY IN WRITING, BE
8 VERIFIED BY OATH OR AFFIRMATION AND BE IN SUCH FORM AND CONTAIN
9 SUCH INFORMATION AS THE AUTHORITY MAY REQUIRE.
10 (C) PROCEDURE.--
11 (1) A CERTIFICATE OF PUBLIC CONVENIENCE TO PROVIDE
12 TAXICAB SERVICE WITHIN CITIES OF THE FIRST CLASS SHALL BE
13 GRANTED BY ORDER OF THE AUTHORITY WITHOUT PROOF OF THE NEED
14 FOR THE SERVICE IF THE AUTHORITY FINDS OR DETERMINES THAT THE
15 APPLICANT IS CAPABLE OF PROVIDING DEPENDABLE TAXICAB SERVICE
16 TO THE PUBLIC ACCORDING TO THE RULES AND REGULATIONS OF THE
17 AUTHORITY.
18 (2) THE AUTHORITY IS AUTHORIZED TO ISSUE A MAXIMUM OF
19 1,600 CERTIFICATES OF PUBLIC CONVENIENCE FOR TAXICAB SERVICE
20 IN ANY CITY OF THE FIRST CLASS.
21 (3) IT IS HEREBY DECLARED TO BE THE POLICY OF THE
22 GENERAL ASSEMBLY TO REGULATE THE PROVISION OF TAXICAB SERVICE
23 WITHIN CITIES OF THE FIRST CLASS IN SUCH A MANNER THAT ANY
24 CERTIFICATE OF PUBLIC CONVENIENCE HEREINAFTER GRANTED BY
25 ORDER OF THE AUTHORITY SHALL, IN ADDITION TO ANY OTHER
26 CONDITIONS IMPOSED BY THE AUTHORITY, REQUIRE THAT AT LEAST
27 40% OF SUCH TRIPS OF SUCH TAXICAB SERVICE SHALL BE DERIVED
28 FROM SUCH SERVICE PROVIDED TO AND FROM POINTS WITHIN SPECIFIC
29 GEOGRAPHICAL AREAS TO BE DETERMINED BY THE AUTHORITY AS BEING
30 IN THE PUBLIC INTEREST. THE AUTHORITY SHALL HAVE THE POWER TO
20010S1100B2436 - 39 -
1 RESCIND OR REVOKE ANY CERTIFICATE OF PUBLIC CONVENIENCE
2 GRANTED TO ANY EXISTING HOLDER OR ANY NEW RECIPIENT FOR THE
3 OPERATION OF TAXICABS WITHIN A CITY OF THE FIRST CLASS
4 WHENEVER IT IS SHOWN THAT THE HOLDER OF THE CERTIFICATE IS
5 NOT OPERATING THE TAXICABS ON AN AVERAGE OF 50% OF THE TIME
6 OVER ANY CONSECUTIVE THREE-MONTH PERIOD.
7 (4) THE AUTHORITY SHALL HAVE THE AUTHORITY TO GRANT
8 IMMEDIATE TEMPORARY CERTIFICATES OF PUBLIC CONVENIENCE FOR
9 TAXICAB SERVICE WITHIN CITIES OF THE FIRST CLASS. SUCH
10 TEMPORARY CERTIFICATES ARE SUBJECT TO FURTHER INVESTIGATION
11 BEFORE A PERMANENT CERTIFICATE SHALL BE GRANTED BY THE
12 AUTHORITY.
13 (5) THE TRANSFER OF A CERTIFICATE OF PUBLIC CONVENIENCE,
14 BY ANY MEANS OR DEVICE, SHALL BE SUBJECT TO THE PRIOR
15 APPROVAL OF THE AUTHORITY WHICH MAY, IN ITS SOLE OR PECULIAR
16 DISCRETION AS IT DEEMS APPROPRIATE, ATTACH SUCH CONDITIONS,
17 INCLUDING THE APPROPRIATE ALLOCATION OF PROCEEDS, AS IT MAY
18 FIND TO BE NECESSARY OR PROPER.
19 (6) A CERTIFICATE OF PUBLIC CONVENIENCE TO CONVEY OR
20 TRANSMIT TO AND FROM TAXICABS MESSAGES OR COMMUNICATIONS
21 WITHIN CITIES OF THE FIRST CLASS THROUGH THE USE OF
22 CENTRALIZED DISPATCH SYSTEMS SHALL BE GRANTED BY ORDER OF THE
23 AUTHORITY IF THE AUTHORITY FINDS THAT THE APPLICANT IS
24 CAPABLE OF PROVIDING DEPENDABLE SERVICE ACCORDING TO THE
25 RULES AND REGULATIONS OF THE AUTHORITY.
26 § 5712. MEDALLION SYSTEM.
27 (A) SYSTEM.--THERE IS A MEDALLION SYSTEM WITHIN CITIES OF
28 THE FIRST CLASS IN ORDER TO PROVIDE HOLDERS OF CERTIFICATES OF
29 PUBLIC CONVENIENCE WHICH AUTHORIZE CITYWIDE CALL OR DEMAND
30 SERVICE THE OPPORTUNITY TO UPGRADE AND IMPROVE THE OPERATIONS OF
20010S1100B2436 - 40 -
1 TAXICABS. IN THE CASE OF A CORPORATE CERTIFICATE HOLDER, A
2 MEDALLION SHALL BE ISSUED IN THE NAME OF THE CORPORATION TO ITS
3 CORPORATE PRESIDENT. THE MEDALLION SHALL BE MARKED WITH THE
4 TAXICAB NUMBER ASSIGNED TO THE CORRESPONDING CERTIFICATE OF
5 PUBLIC CONVENIENCE.
6 (B) REQUIREMENT.--NOTWITHSTANDING 75 PA.C.S. § 1305(B)
7 (RELATING TO APPLICATION FOR REGISTRATION), BEFORE REGISTERING
8 ANY TAXI WHICH IS REQUIRED TO OBTAIN A CERTIFICATE OF PUBLIC
9 CONVENIENCE FROM THE AUTHORITY TO OPERATE IN A CITY OF THE FIRST
10 CLASS, THE DEPARTMENT OF TRANSPORTATION SHALL REQUIRE EVIDENCE
11 THAT THE CERTIFICATE HAS BEEN ISSUED AND HAS NOT BEEN REVOKED OR
12 HAS NOT EXPIRED.
13 § 5713. PROPERTY AND LICENSING RIGHTS.
14 (A) PROPERTY RIGHTS.--MEDALLIONS ARE PROPERTY AND MAY NOT BE
15 REVOKED OR CANCELED BY THE AUTHORITY. MEDALLIONS MAY BE PLEDGED
16 TO LENDERS OR CREDITORS AS SECURITY ON DEBT. ALL LENDERS OR
17 CREDITORS WHO, AFTER THE EFFECTIVE DATE OF THIS SECTION, ACCEPT
18 A MEDALLION AS SECURITY SHALL DO SO IN CONFORMANCE WITH 13
19 PA.C.S. (RELATING TO COMMERCIAL CODE). IF A LENDER OR CREDITOR
20 EXECUTES ON OR SEIZES A MEDALLION, IT SHALL IMMEDIATELY NOTIFY
21 THE AUTHORITY IN WRITING. ANY SALE OF THE MEDALLION, UPON
22 SEIZURE OR EXECUTION, SHALL OCCUR AT AUTHORITY OFFICES, PURSUANT
23 TO THE REQUIREMENTS OF SECTION 5718 (RELATING TO RESTRICTIONS),
24 WITHIN ONE YEAR OF THE SEIZURE OR EXECUTION. IF THE MEDALLION IS
25 NOT SOLD WITHIN ONE YEAR, THE MEDALLION WILL BECOME
26 NONTRANSFERABLE, AND POSSESSION MUST BE SURRENDERED TO THE
27 AUTHORITY, UNLESS THE AUTHORITY FINDS EXIGENT CIRCUMSTANCES
28 EXIST WHICH WARRANT EXTENDING THE ONE-YEAR PERIOD.
29 (B) LICENSING RIGHTS.--A CERTIFICATE OF PUBLIC CONVENIENCE
30 IS A LICENSING RIGHT WHICH ACCOMPANIES EACH MEDALLION AND
20010S1100B2436 - 41 -
1 AUTHORIZES THE OPERATION OF ONE TAXICAB WITHIN A CITY OF THE
2 FIRST CLASS. NO PROPERTY INTEREST SHALL EXIST IN THE CERTIFICATE
3 ITSELF. A CERTIFICATE MAY NOT BE PLEDGED TO LENDERS OR CREDITORS
4 AS SECURITY ON DEBT. A CERTIFICATE MAY BE CANCELED BY THE
5 AUTHORITY, UPON DUE CAUSE SHOWN, FOR VIOLATION OF THIS
6 SUBCHAPTER OR AUTHORITY REGULATIONS. IF THE AUTHORITY CANCELS A
7 CERTIFICATE, THE CERTIFICATE HOLDER SHALL HAVE THE RIGHT TO SELL
8 THE ACCOMPANYING MEDALLION WITHIN SIX MONTHS OF THE DATE OF
9 CANCELLATION, AND THE CERTIFICATE HOLDER MUST TURN THE MEDALLION
10 OVER TO THE AUTHORITY OFFICE WITHIN FIVE DAYS OF CANCELLATION OF
11 THE CERTIFICATE FOR SAFEKEEPING UNTIL THE MEDALLION IS SOLD.
12 THIS SIX-MONTH TIME PERIOD SHALL BE EXTENDED DURING THE PENDENCY
13 OF A PETITION FOR REINSTATEMENT OF THE CERTIFICATE OF PUBLIC
14 CONVENIENCE. IF THE MEDALLION IS NOT SOLD WITHIN THE STATUTORY
15 PERIOD, THE MEDALLION WILL BECOME NONTRANSFERABLE, AND
16 POSSESSION MUST BE SURRENDERED TO THE AUTHORITY.
17 § 5714. CERTIFICATE AND MEDALLION REQUIRED.
18 (A) PROCEDURE.--A VEHICLE MAY NOT BE OPERATED AS A TAXICAB
19 IN CITIES OF THE FIRST CLASS UNLESS A CERTIFICATE OF PUBLIC
20 CONVENIENCE IS ISSUED AUTHORIZING THE OPERATION OF THE TAXICAB
21 AND A MEDALLION IS ATTACHED TO THE HOOD OF THE VEHICLE. PRIOR TO
22 THE ISSUANCE OF A MEDALLION, THE CERTIFICATE HOLDER SHALL HAVE
23 ITS VEHICLE INSPECTED BY THE AUTHORITY. THE AUTHORITY SHALL
24 REQUIRE, BY ORDER OR REGULATION, THAT EACH MEDALLION HOLDER
25 SUBMIT TO A PERIODIC VEHICLE INSPECTION OF ITS TAXICAB BY
26 AUTHORITY PERSONNEL TO ENSURE THAT THE VEHICLE MEETS THE
27 REQUIREMENTS OF THIS SUBCHAPTER AND AUTHORITY REGULATIONS.
28 AUTHORITY INSPECTION REQUIREMENTS SHALL BE IN ADDITION TO THE
29 VEHICLE REQUIREMENTS SET FORTH IN TITLE 75 (RELATING TO
30 VEHICLES). AUTHORITY INSPECTION AND RECORDING REQUIREMENTS SHALL
20010S1100B2436 - 42 -
1 BE ESTABLISHED BY REGULATIONS. NO VEHICLE WHICH IS MORE THAN
2 EIGHT YEARS OLD SHALL CONTINUE IN OPERATION AS A TAXICAB.
3 NOTWITHSTANDING THE FOREGOING, THE AUTHORITY MAY AUTHORIZE THE
4 OPERATION OF ANTIQUE VEHICLES IN CALL OR DEMAND SERVICE IN SUCH
5 CIRCUMSTANCES AS THE AUTHORITY MAY DEEM APPROPRIATE. EACH
6 MEDALLION HOLDER'S TARIFF RATES SHALL BE CLEARLY AND VISIBLY
7 DISPLAYED IN EACH TAXICAB. A MEDALLION SHALL NOT BE REMOVED FROM
8 A VEHICLE WITHOUT PRIOR NOTIFICATION TO AND PERMISSION OF THE
9 AUTHORITY. A MEDALLION AUTHORIZES OPERATION OF A VEHICLE AS A
10 TAXICAB ONLY FOR THE FISCAL YEAR FOR WHICH THE MEDALLION IS
11 ISSUED.
12 (B) PROTECTIVE BARRIER.--EACH TAXICAB WITHIN CITIES OF THE
13 FIRST CLASS SHALL BE EQUIPPED WITH A PROTECTIVE BARRIER FOR THE
14 PROTECTION OF THE DRIVER, SEPARATING THE FRONT SEAT FROM THE
15 BACK SEAT. THE AUTHORITY MAY PROVIDE FOR ADDITIONAL DRIVER
16 PROTECTION MEASURES BY ORDER OR REGULATION.
17 (C) SERVICE.--A VEHICLE AUTHORIZED BY A CERTIFICATE TO
18 PROVIDE CALL OR DEMAND SERVICE WITHIN CITIES OF THE FIRST CLASS
19 MAY TRANSPORT PERSONS AND THEIR BAGGAGE UPON CALL OR DEMAND AND
20 PARCELS, PACKAGES AND PROPERTY AT THE SAME BASIC METERED RATES
21 CHARGED TO PASSENGERS:
22 (1) BETWEEN POINTS IN THE CITY OF THE FIRST CLASS FOR
23 WHICH ITS CERTIFICATE IS ISSUED;
24 (2) FROM ANY POINT IN THE CITY OF THE FIRST CLASS FOR
25 WHICH ITS CERTIFICATE IS ISSUED TO ANY POINT IN THIS
26 COMMONWEALTH;
27 (3) FROM ANY POINT IN THIS COMMONWEALTH TO ANY POINT IN
28 THE CITY OF THE FIRST CLASS FOR WHICH ITS CERTIFICATE IS
29 ISSUED, IF THE REQUEST FOR SERVICE FOR SUCH TRANSPORTATION IS
30 RECEIVED BY CALL TO ITS CENTRALIZED DISPATCH SYSTEM; AND
20010S1100B2436 - 43 -
1 (4) FROM ANY POINT IN THE CITY OF THE FIRST CLASS FOR
2 WHICH ITS CERTIFICATE IS ISSUED TO ANY POINT OUTSIDE THIS
3 COMMONWEALTH AS A CONTINUOUS PART OF A TRIP.
4 (D) OTHER VEHICLES.--
5 (1) A VEHICLE WHICH IS NOT AUTHORIZED BY A CERTIFICATE
6 TO PROVIDE CALL OR DEMAND SERVICE WITHIN CITIES OF THE FIRST
7 CLASS, BUT WHICH IS OPERATED BY THE HOLDER OF A CERTIFICATE
8 OF PUBLIC CONVENIENCE FROM THE PENNSYLVANIA PUBLIC UTILITY
9 COMMISSION AUTHORIZING CALL OR DEMAND SERVICE ELSEWHERE IN
10 THIS COMMONWEALTH, MAY TRANSPORT PERSONS AND PROPERTY:
11 (I) TO CITIES OF THE FIRST CLASS IN ACCORDANCE WITH
12 THE SERVICE AUTHORIZED UNDER ITS CERTIFICATE OF PUBLIC
13 CONVENIENCE; AND
14 (II) FROM ANY POINT IN A CITY OF THE FIRST CLASS TO
15 ANY POINT IN THIS COMMONWEALTH BEYOND THAT CITY OF THE
16 FIRST CLASS IF THE REQUEST FOR SERVICE FOR SUCH
17 TRANSPORTATION IS RECEIVED BY CALL TO ITS RADIO DISPATCH
18 SERVICE.
19 (2) CARRIERS CURRENTLY AUTHORIZED TO PROVIDE SERVICE TO
20 DESIGNATED AREAS WITHIN CITIES OF THE FIRST CLASS ON A
21 NONCITY-WIDE BASIS SHALL RETAIN THEIR AUTHORIZATION. THE
22 AUTHORITY SHALL NOT GRANT ADDITIONAL RIGHTS TO NEW OR
23 EXISTING CARRIERS TO SERVE DESIGNATED AREAS WITHIN CITIES OF
24 THE FIRST CLASS ON A NONCITY WIDE BASIS.
25 (E) PENALTIES INVOLVING CERTIFICATED TAXICABS.--OPERATING A
26 CERTIFICATED TAXICAB IN VIOLATION OF SUBSECTIONS (A) AND (B) OR
27 AUTHORIZING OR PERMITTING SUCH OPERATION IS A NONTRAFFIC SUMMARY
28 OFFENSE. OFFENDERS OF SUBSECTIONS (A) AND (B) MAY ALSO BE
29 SUBJECT TO CIVIL PENALTIES PURSUANT TO SECTION 5725 (RELATING TO
30 CIVIL PENALTIES).
20010S1100B2436 - 44 -
1 (F) UNAUTHORIZED VEHICLES.--OPERATING AN UNAUTHORIZED
2 VEHICLE AS A TAXICAB, OR GIVING THE APPEARANCE OF OFFERING CALL
3 OR DEMAND SERVICE WITH AN UNAUTHORIZED VEHICLE, WITHOUT FIRST
4 HAVING RECEIVED A CERTIFICATE OF PUBLIC CONVENIENCE AND A
5 MEDALLION IS A NONTRAFFIC SUMMARY OFFENSE IN THE FIRST INSTANCE
6 AND A MISDEMEANOR OF THE THIRD DEGREE FOR EACH OFFENSE
7 THEREAFTER. THE OWNER AND THE DRIVER OF A VEHICLE BEING OPERATED
8 AS OR APPEARING AS A TAXICAB WITHOUT A CERTIFICATE OF PUBLIC
9 CONVENIENCE AND A MEDALLION ARE ALSO SUBJECT TO CIVIL PENALTIES
10 PURSUANT TO SECTION 5725. CIVIL PENALTIES WHICH HAVE BEEN
11 ASSESSED AND COLLECTED SHALL BE DEPOSITED IN THE FUND.
12 (G) CONFISCATION AND IMPOUNDMENT OF VEHICLES.--IN ADDITION
13 TO PENALTIES PROVIDED FOR IN SUBSECTION (F), POLICE OFFICERS IN
14 CITIES OF THE FIRST CLASS ARE EMPOWERED TO CONFISCATE AND
15 IMPOUND VEHICLES AND EQUIPMENT UTILIZED TO PROVIDE CALL OR
16 DEMAND SERVICE WITHOUT A CERTIFICATE OF PUBLIC CONVENIENCE AND A
17 MEDALLION. UPON SATISFACTION OF ALL PENALTIES IMPOSED AND ALL
18 OUTSTANDING FINES ASSESSED AGAINST THE OWNER OR OPERATOR OF THE
19 UNAUTHORIZED VEHICLE AND PAYMENT OF THE CITY'S COSTS ASSOCIATED
20 WITH CONFISCATION AND IMPOUNDMENT, THE VEHICLE AND EQUIPMENT
21 SHALL BE RETURNED TO ITS OWNER. FAILURE TO TIMELY SATISFY THESE
22 CONDITIONS WITHIN 90 DAYS OF IMPOUNDMENT MAY RESULT IN THE SALE
23 OF CONFISCATED PROPERTY BY A CITY OF THE FIRST CLASS AT AUCTION.
24 PROCEEDS RECEIVED FROM THE SALE OF CONFISCATED PROPERTY, AFTER
25 PAYMENT OF THE CITY'S COSTS ASSOCIATED WITH CONFISCATION, SHALL
26 BE DEPOSITED INTO THE FUND.
27 (H) COUNTERFEIT MEDALLIONS.--THE MANUFACTURE OR POSSESSION
28 OF A COUNTERFEIT MEDALLION IS A MISDEMEANOR OF THE THIRD DEGREE
29 FOR EACH OFFENSE.
30 § 5715. CONTESTED COMPLAINTS.
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1 (A) ADJUDICATION.--CONTESTED COMPLAINTS BROUGHT BEFORE THE
2 AUTHORITY ALLEGING VIOLATIONS OF THIS SUBCHAPTER OR RULES AND
3 REGULATIONS PROMULGATED BY THE AUTHORITY PURSUANT TO THIS
4 SUBCHAPTER SHALL BE ASSIGNED BY THE AUTHORITY TO A HEARING
5 OFFICER FOR ADJUDICATION. HEARING OFFICERS ASSIGNED TO CASES
6 PURSUANT TO THIS SUBCHAPTER MAY BE REMOVED BY THE AUTHORITY ONLY
7 FOR GOOD CAUSE SHOWN. FOLLOWING THE TAKING AND RECEIVING OF
8 EVIDENCE, THE HEARING OFFICER SHALL ISSUE A DECISION WHICH
9 DETERMINES THE MERITS OF THE COMPLAINT AND ASSESSES A PENALTY,
10 IF WARRANTED. IN EXTRAORDINARY CIRCUMSTANCES, THE HEARING
11 OFFICER MAY REQUIRE THE FILING OF BRIEFS PRIOR TO ISSUING A
12 DECISION. THE HEARING OFFICER'S DECISION SHALL NOT BE SUBJECT TO
13 EXCEPTION OR ADMINISTRATIVE APPEAL. IN ITS DISCRETION, THE
14 AUTHORITY MAY EXERCISE REVIEW OF A HEARING OFFICER'S DECISION
15 WITHIN 15 DAYS OF THE DATE OF ISSUANCE. IF THE AUTHORITY DOES
16 NOT EXERCISE ITS AUTHORITY TO REVIEW A HEARING OFFICER'S
17 DECISION, THE DECISION WILL BECOME A FINAL ORDER WITHOUT FURTHER
18 AUTHORITY ACTION. THE AUTHORITY MAY ESTABLISH ORDERS OR
19 REGULATIONS WHICH DESIGNATE RULES AND PROCEDURES FOR THE
20 ADJUDICATION OF COMPLAINTS BROUGHT PURSUANT TO THIS SUBCHAPTER.
21 (B) COMMENCEMENT OF COMPLAINTS.--AUTHORITY ENFORCEMENT
22 OFFICERS, PENNSYLVANIA PUBLIC UTILITY COMMISSION ENFORCEMENT
23 OFFICERS AND POLICE OFFICERS OR LICENSING OFFICIALS WITHIN
24 CITIES OF THE FIRST CLASS MAY COMMENCE AND PROSECUTE COMPLAINTS
25 BROUGHT BEFORE THE AUTHORITY PURSUANT TO THIS SUBCHAPTER AND
26 AUTHORITY REGULATIONS APPLICABLE TO TAXICAB OPERATIONS IN CITIES
27 OF THE FIRST CLASS.
28 (C) OTHER PENALTIES.--NOTHING IN THIS SECTION SHALL BE
29 DEEMED TO LIMIT THE ABILITY OF ANY CITY OF THE FIRST CLASS TO
30 PROSECUTE VIOLATIONS AND SEEK CRIMINAL PENALTIES IN A COURT OF
20010S1100B2436 - 46 -
1 LAW.
2 § 5716. REISSUANCE OF MEDALLION.
3 WITHIN 30 DAYS OF THE CLOSE OF EACH FISCAL YEAR, A MEDALLION
4 HOLDER SHALL APPLY TO OBTAIN FROM THE AUTHORITY A REISSUED
5 MEDALLION FOR A FEE IN AN AMOUNT TO BE DETERMINED PURSUANT TO
6 THE REQUIREMENTS OF SECTION 5723 (RELATING TO BUDGET AND FEES).
7 EACH YEAR'S MEDALLION SHALL DESIGNATE THE YEAR OF ISSUANCE AND
8 SHALL BE IDENTIFIABLE BY A DISTINCTIVE TINT OR COLOR AND SHAPE
9 TO BE DETERMINED BY THE AUTHORITY. A MEDALLION MAY NOT BE ISSUED
10 BY THE AUTHORITY UNLESS ALL OUTSTANDING AUTHORITY FINES,
11 PENALTIES AND FEES HAVE BEEN PAID IN FULL AND UNLESS ALL
12 INSURANCE, TARIFF AND VEHICLE INSPECTION FILINGS ARE CURRENT.
13 IMMEDIATELY PRIOR TO REISSUANCE OF A MEDALLION, A MEDALLION
14 HOLDER SHALL REMOVE THE PRIOR YEAR'S MEDALLION FROM THE HOOD OF
15 ITS TAXICAB AND SURRENDER IT TO THE AUTHORITY. UPON REISSUANCE,
16 THE NEW MEDALLION SHALL BE IMMEDIATELY ATTACHED TO THE VEHICLE.
17 § 5717. ADDITIONAL CERTIFICATES AND MEDALLIONS.
18 SUBJECT TO THE LIMITS ESTABLISHED IN SECTION 5711(C)
19 (RELATING TO POWER OF AUTHORITY TO ISSUE CERTIFICATES OF PUBLIC
20 CONVENIENCE), THE AUTHORITY MAY INCREASE THE NUMBER OF
21 CERTIFICATES AND MEDALLIONS IF IT FINDS A NEED FOR ADDITIONAL
22 TAXICAB SERVICE IN CITIES OF THE FIRST CLASS BY ISSUING
23 CERTIFICATES AND CORRESPONDING MEDALLIONS TO APPLICANTS ON A
24 FIRST-COME-FIRST-SERVED BASIS. EACH APPLICANT SHALL PAY A FEE IN
25 AN AMOUNT EQUAL TO THE REASONABLE MARKET VALUE OF THE MEDALLIONS
26 AT THE TIME OF ISSUANCE AS DETERMINED BY THE AUTHORITY. THE FEE
27 IS PAYABLE PRIOR TO THE TIME OF ISSUANCE. IN DETERMINING THE
28 REASONABLE MARKET VALUE OF A MEDALLION, THE AUTHORITY SHALL
29 CONSIDER THE PURCHASE PRICE IN MEDALLION TRANSACTIONS OVER THE
30 PRIOR YEAR AS REFLECTED IN AUTHORITY RECORDS. THE AUTHORITY IN
20010S1100B2436 - 47 -
1 ITS DISCRETION MAY HOLD HEARINGS TO DETERMINE THE REASONABLE
2 MARKET VALUE OF A MEDALLION. IN NO CASE SHALL THE NUMBER OF
3 CERTIFICATES AND MEDALLIONS ISSUED BY THE AUTHORITY EXCEED 1,600
4 EACH.
5 § 5718. RESTRICTIONS.
6 (A) PLACE OF TRANSACTION.--A MEDALLION MAY NOT BE SOLD OR
7 TRANSFERRED TO ANOTHER PARTY UNLESS THE CLOSING OF THE SALES
8 TRANSACTION OCCURS AT AUTHORITY OFFICES IN THE PRESENCE OF A
9 DESIGNATED AUTHORITY STAFF MEMBER. THE AUTHORITY STAFF MEMBER
10 SHALL WITNESS THE EXECUTION OF EACH CONTRACT OF SALE TO EVIDENCE
11 STAFF PRESENCE AT THE EXECUTION. ALL CONTRACTS FOR THE SALE OF
12 MEDALLIONS WHICH ARE NOT EXECUTED AT AUTHORITY OFFICES AND
13 WITNESSED BY AN AUTHORITY STAFF MEMBER ARE VOID BY OPERATION OF
14 LAW. ALL SALES CONTRACTS SHALL CONFORM TO SUCH RULES AND
15 REGULATIONS AS THE AUTHORITY MAY PRESCRIBE. PRIOR TO EACH
16 CLOSING, THE BUYER OF THE MEDALLION SHALL PAY A FEE IN AN AMOUNT
17 TO BE DETERMINED PURSUANT TO THE REQUIREMENTS OF SECTION 5723
18 (RELATING TO BUDGET AND FEES).
19 (B) ISSUANCE OF CERTIFICATE.--UPON THE WITNESSING OF A SALE
20 OF A MEDALLION AND UPON APPLICATION OF THE PURCHASER AND
21 COMPLIANCE WITH AUTHORITY TARIFF, INSURANCE AND INSPECTION
22 REQUIREMENTS, THE AUTHORITY STAFF SHALL ISSUE AN ACCOMPANYING
23 CERTIFICATE TO THE NEW MEDALLION HOLDER UNLESS THE AUTHORITY
24 DETERMINES THAT THE TRANSFER OF THE CERTIFICATE IS INCONSISTENT
25 WITH THE PUBLIC INTEREST. WHERE THERE IS A DETERMINATION THAT A
26 TRANSFER IS NOT IN THE PUBLIC INTEREST, THE NEW MEDALLION HOLDER
27 SHALL HAVE SIX MONTHS FROM THE DATE THE ADVERSE DETERMINATION IS
28 ENTERED TO SELL THE MEDALLION TO A NEW OWNER. IF A SALE IS NOT
29 CONSUMMATED BEFORE AUTHORITY PERSONNEL WITHIN SIX MONTHS, THE
30 MEDALLION WILL BECOME NONTRANSFERABLE, AND POSSESSION MUST BE
20010S1100B2436 - 48 -
1 SURRENDERED TO THE AUTHORITY.
2 (C) CRIMINAL RECORDS.--NO PERSON OR CORPORATION MAY PURCHASE
3 A MEDALLION OR APPLY FOR A CERTIFICATE IF THE PERSON OR
4 CORPORATION OR AN OFFICER OR DIRECTOR OF THE CORPORATION HAS
5 BEEN CONVICTED OR FOUND GUILTY OF A FELONY WITHIN THE FIVE-YEAR
6 PERIOD IMMEDIATELY PRECEDING THE TRANSFER. ALL APPLICATIONS FOR
7 A CERTIFICATE SHALL CONTAIN A SWORN AFFIDAVIT CERTIFYING THAT
8 THE PURCHASER HAS NOT BEEN CONVICTED OF A FELONY IN THE PREVIOUS
9 FIVE YEARS. IF, AT ANY TIME, THE AUTHORITY FINDS THAT A
10 MEDALLION HOLDER HAS BEEN CONVICTED OF A FELONY WHILE HOLDING
11 THE MEDALLION OR DURING THE FIVE YEARS IMMEDIATELY PRECEDING ITS
12 PURCHASE, THE AUTHORITY SHALL CANCEL THE CORRESPONDING
13 CERTIFICATE.
14 § 5719. DRIVER CERTIFICATION PROGRAM.
15 (A) GENERAL RULE.--THE AUTHORITY SHALL PROVIDE FOR THE
16 ESTABLISHMENT OF A DRIVER CERTIFICATION PROGRAM FOR DRIVERS OF
17 TAXICABS WITHIN CITIES OF THE FIRST CLASS. STANDARDS FOR FITNESS
18 OF TAXI DRIVERS SHALL BE ESTABLISHED UNDER SUCH RULES AND
19 REGULATIONS AS THE AUTHORITY MAY PRESCRIBE. THE AUTHORITY MAY
20 REVOKE OR SUSPEND A TAXI DRIVER'S CERTIFICATE UPON A FINDING
21 THAT THE INDIVIDUAL IS NOT FIT TO OPERATE A TAXICAB. EACH
22 APPLICANT FOR A TAXI DRIVER'S CERTIFICATE SHALL PAY A FEE IN AN
23 AMOUNT TO BE DETERMINED PURSUANT TO THE REQUIREMENTS OF SECTION
24 5723 (RELATING TO BUDGET AND FEES). UPON APPROVAL, A PICTURE
25 TAXI DRIVER'S CERTIFICATE WILL BE ISSUED TO AN APPLICANT. NO
26 INDIVIDUAL SHALL OPERATE A TAXICAB AT ANY TIME UNLESS THE
27 INDIVIDUAL IS CERTIFIED AS A TAXI DRIVER BY THE AUTHORITY. EACH
28 CERTIFIED TAXI DRIVER SHALL CARRY AND DISPLAY IN FULL VIEW A
29 TAXI DRIVER'S CERTIFICATE AT ALL TIMES OF OPERATION OF A
30 TAXICAB. THE AUTHORITY MAY ESTABLISH ORDERS OR REGULATIONS WHICH
20010S1100B2436 - 49 -
1 DESIGNATE ADDITIONAL REQUIREMENTS GOVERNING THE CERTIFICATION OF
2 DRIVERS AND THE OPERATION OF TAXICABS BY DRIVERS, INCLUDING, BUT
3 NOT LIMITED TO, DRESS CODES FOR DRIVERS.
4 (B) VIOLATIONS.--OPERATING A TAXICAB WITHOUT A TAXI DRIVER'S
5 CERTIFICATE OR AUTHORIZING OR PERMITTING THE OPERATION OF A
6 TAXICAB BY A DRIVER WHO IS NOT CERTIFIED AS A TAXI DRIVER WITHIN
7 CITIES OF THE FIRST CLASS IS A NONTRAFFIC SUMMARY OFFENSE IN THE
8 FIRST INSTANCE AND A MISDEMEANOR OF THE THIRD DEGREE FOR EACH
9 OFFENSE THEREAFTER. THE AUTHORITY MAY BY REGULATION PROVIDE FOR
10 SUSPENSION AND REVOCATION OF TAXI DRIVERS' CERTIFICATES FOR
11 VIOLATIONS OF THIS SUBCHAPTER AND AUTHORITY REGULATIONS.
12 (C) AGREEMENTS DELEGATING RESPONSIBILITIES.--THE AUTHORITY
13 IS HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS OR CONTRACTS
14 DELEGATING THE DUTIES AND RESPONSIBILITIES DESIGNATED IN
15 SUBSECTION (A) TO A DIFFERENT GOVERNMENTAL ENTITY OR TO ANOTHER
16 PARTY.
17 § 5720. WAGES.
18 (A) MINIMUM WAGE.--EACH MEDALLION HOLDER SHALL PAY AT LEAST
19 A PREVAILING MINIMUM WAGE RATE OR, IN THE ALTERNATIVE, CHARGE AT
20 MOST A PREVAILING MAXIMUM LEASE AMOUNT TO THE DRIVERS OF ITS
21 TAXICAB, AS DETERMINED BY THE AUTHORITY UPON INVESTIGATION. THE
22 MINIMUM WAGE RATE AND THE MAXIMUM LEASE AMOUNT, AS ESTABLISHED
23 BY THE AUTHORITY, MAY INCLUDE EMPLOYEE BENEFITS.
24 (B) UNIFORM RATES.--ALL TAXICABS WITHIN CITIES OF THE FIRST
25 CLASS SHALL CHARGE A UNIFORM RATE TO PASSENGERS, AS DETERMINED
26 BY THE AUTHORITY UPON INVESTIGATION.
27 (C) REOPEN INVESTIGATIONS.--ANY MEDALLION HOLDER OR LICENSED
28 DRIVER MAY PETITION THE AUTHORITY TO REOPEN THE INVESTIGATIONS
29 ADDRESSED BY SUBSECTIONS (A) AND (B) NO LESS THAN 18 MONTHS
30 AFTER THE CLOSE OF THE PRECEDING INVESTIGATION.
20010S1100B2436 - 50 -
1 § 5721. CENTRALIZED DISPATCHER.
2 IN CITIES OF THE FIRST CLASS, ALL MEDALLION HOLDERS SHALL
3 UTILIZE THE SERVICES OF A CENTRALIZED DISPATCH SYSTEM. ANY OWNER
4 OF A CENTRALIZED DISPATCH SYSTEM SHALL MAKE SUCH SYSTEM
5 AVAILABLE TO ALL MEDALLION HOLDERS FOR A REASONABLE FEE, AS
6 DESCRIBED IN A RATE SCHEDULE TO BE FILED WITH THE AUTHORITY. THE
7 AUTHORITY, IN ITS DISCRETION, MAY REVIEW THE RATE SCHEDULES OF
8 DISPATCH ASSOCIATIONS TO DETERMINE IF RATES CHARGED DISCRIMINATE
9 AGAINST NEW APPLICANTS. MEDALLION HOLDERS SHALL UTILIZE ONLY
10 CENTRALIZED DISPATCH SYSTEMS THAT ARE IN CONFORMANCE WITH
11 AUTHORITY RULES AND REGULATIONS. MEDALLION HOLDERS SHALL HAVE NO
12 OBLIGATION TO USE ANY PARTICULAR CENTRALIZED DISPATCH SYSTEM.
13 § 5722. REGULATIONS.
14 THE AUTHORITY MAY PRESCRIBE SUCH RULES AND REGULATIONS AS IT
15 DEEMS NECESSARY TO GOVERN THE REGULATION OF TAXICABS WITHIN
16 CITIES OF THE FIRST CLASS UNDER THIS SUBCHAPTER.
17 § 5723. BUDGET AND FEES.
18 (A) INITIAL BUDGET AND FEES.--THE AUTHORITY SHALL COMPLETE
19 AN INITIAL BUDGET AND FEE SCHEDULE. THE FEE SCHEDULE SHALL
20 IDENTIFY THE INITIAL FEES FOR INITIAL ISSUANCE OF A MEDALLION,
21 TRANSFER OF A MEDALLION AND ISSUANCE OF A TAXI DRIVER'S LICENSE.
22 THE AUTHORITY'S INITIAL BUDGET AND FEE SCHEDULE SHALL BE
23 SUBMITTED TO THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
24 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. UNLESS
25 EITHER THE SENATE OR THE HOUSE OF REPRESENTATIVES ACTS TO
26 DISAPPROVE THROUGH ADOPTION OF A RESOLUTION WITHIN TEN
27 LEGISLATIVE DAYS FROM THE DATE OF SUBMITTAL, THE AUTHORITY'S FEE
28 SCHEDULE SHALL BECOME EFFECTIVE, AND THE AUTHORITY SHALL NOTIFY
29 EACH MEDALLION HOLDER BY CERTIFIED LETTER OF THE INITIAL FEE
30 SCHEDULE.
20010S1100B2436 - 51 -
1 (B) FISCAL YEAR BUDGET AND FEES.--THE FISCAL YEAR FOR THE
2 FUND SHALL COMMENCE ON JULY 1 OF EACH YEAR. BEFORE MARCH 15 OF
3 EACH YEAR, THE AUTHORITY SHALL SUBMIT A BUDGET AND PROPOSED FEE
4 SCHEDULE FOR THE COMING FISCAL YEAR ALONG WITH COMPREHENSIVE
5 FINANCIAL DATA FROM THE PAST FISCAL YEAR TO THE APPROPRIATIONS
6 COMMITTEE OF THE SENATE AND THE APPROPRIATIONS COMMITTEE OF THE
7 HOUSE OF REPRESENTATIVES. UNLESS EITHER THE SENATE OR THE HOUSE
8 OF REPRESENTATIVES ACTS TO DISAPPROVE THROUGH ADOPTION OF A
9 RESOLUTION BY JUNE 15 OF EACH YEAR, THE AUTHORITY FEE SCHEDULE
10 SHALL BECOME EFFECTIVE. THE AUTHORITY SHALL NOTIFY ALL MEDALLION
11 HOLDERS OF THE FEE SCHEDULE FOR THE COMING FISCAL YEAR BY
12 CERTIFIED LETTER. IF EITHER THE SENATE OR THE HOUSE OF
13 REPRESENTATIVES ACTS TO DISAPPROVE THE AUTHORITY'S FEE SCHEDULE
14 AND BUDGET, THE AUTHORITY SHALL UTILIZE THE FEE SCHEDULE AND
15 BUDGET FOR THE PRIOR YEAR.
16 (C) FIRST CLASS CITY TAXICAB REGULATORY FUND.--MONEY
17 DEPOSITED IN THE FIRST CLASS CITY TAXICAB REGULATORY FUND IS
18 HEREBY SPECIFICALLY APPROPRIATED FOR THE PURPOSES OF THIS
19 CHAPTER AND SHALL NOT BE USED FOR ANY PURPOSE NOT SPECIFIED IN
20 THIS CHAPTER. ALL INTEREST EARNED BY THE FUND AND ALL REFUNDS OR
21 REPAYMENTS SHALL BE CREDITED TO THE FUND.
22 (D) EXAMINATION OF RECORDS.--THE CHAIRPERSON AND THE
23 MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE
24 SENATE AND THE CHAIRPERSON AND THE MINORITY CHAIRPERSON OF THE
25 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES SHALL
26 HAVE THE RIGHT TO EXAMINE THE BOOKS, ACCOUNTS AND RECORDS OF THE
27 AUTHORITY AT ANY TIME.
28 § 5724. CRIMINAL PENALTIES.
29 FOR THE PURPOSE OF THIS SUBCHAPTER, ANY PERSON OR CORPORATION
30 CONVICTED OF:
20010S1100B2436 - 52 -
1 (1) A SUMMARY OFFENSE SHALL BE SENTENCED TO PAY A FINE
2 OF $500 AND MAY BE SENTENCED TO A TERM OF IMPRISONMENT NOT TO
3 EXCEED 90 DAYS, OR BOTH; OR
4 (2) A MISDEMEANOR SHALL BE SENTENCED TO PAY A FINE OF
5 $2,500 AND MAY BE SENTENCED TO A TERM OF IMPRISONMENT NOT TO
6 EXCEED ONE YEAR, OR BOTH.
7 § 5725. CIVIL PENALTIES.
8 (A) GENERAL RULE.--IF ANY PERSON OR CORPORATION SUBJECT TO
9 THIS SUBCHAPTER SHALL VIOLATE ANY OF THE PROVISIONS OF THIS
10 SUBCHAPTER, OR SHALL DO ANY MATTER OR THING PROHIBITED UNDER
11 THIS SUBCHAPTER; OR SHALL FAIL, OMIT, NEGLECT OR REFUSE TO
12 PERFORM ANY DUTY ENJOINED UPON IT BY THIS SUBCHAPTER; OR SHALL
13 FAIL, OMIT, NEGLECT OR REFUSE TO OBEY, OBSERVE AND COMPLY WITH
14 ANY REGULATION OR FINAL DIRECTION, REQUIREMENT, DETERMINATION OR
15 ORDER MADE BY THE AUTHORITY, OR TO COMPLY WITH ANY FINAL
16 JUDGMENT, ORDER OR DECREE MADE BY ANY COURT, THE PERSON OR
17 CORPORATION FOR THE VIOLATION, OMISSION, FAILURE, NEGLECT OR
18 REFUSAL SHALL FORFEIT AND PAY TO THE COMMONWEALTH A SUM NOT
19 EXCEEDING $1,000 TO BE RECOVERED BY AN ACTION OF ASSUMPSIT
20 INSTITUTED IN THE NAME OF THE COMMONWEALTH. IN CONSTRUING AND
21 ENFORCING THE PROVISIONS OF THIS SECTION, THE VIOLATION,
22 OMISSION, FAILURE, NEGLECT OR REFUSAL OF ANY OFFICER, AGENT OR
23 EMPLOYEE ACTING FOR OR EMPLOYED BY THE PERSON OR CORPORATION
24 SHALL IN EVERY CASE BE DEEMED TO BE THE VIOLATION, OMISSION,
25 FAILURE, NEGLECT OR REFUSAL OF THE PERSON OR CORPORATION.
26 (B) CONTINUING OFFENSES.--EACH AND EVERY DAY'S CONTINUANCE
27 IN THE VIOLATION OF ANY REGULATION OR FINAL DIRECTION,
28 REQUIREMENT, DETERMINATION OR ORDER OF THE AUTHORITY, OR OF ANY
29 FINAL JUDGMENT, ORDER OR DECREE MADE BY ANY COURT, SHALL BE A
30 SEPARATE AND DISTINCT OFFENSE. IF ANY INTERLOCUTORY ORDER OF
20010S1100B2436 - 53 -
1 SUPERSEDEAS OR A PRELIMINARY INJUNCTION BE GRANTED, NO PENALTIES
2 SHALL BE INCURRED OR COLLECTED FOR OR ON ACCOUNT OF ANY ACT,
3 MATTER OR THING DONE IN VIOLATION OF SUCH FINAL DIRECTION,
4 REQUIREMENT, DETERMINATION, ORDER OR DECREE SO SUPERSEDED OR
5 ENJOINED FOR THE PERIOD OF TIME SUCH ORDER OF SUPERSEDEAS OR
6 INJUNCTION IS IN FORCE.
7 SUBCHAPTER C
8 LIMOUSINES
9 SEC.
10 5741. CERTIFICATE OF PUBLIC CONVENIENCE REQUIRED.
11 5742. REGULATIONS.
12 5743. BUDGET AND FEES.
13 5744. CRIMINAL PENALTIES.
14 5745. CIVIL PENALTIES.
15 § 5741. CERTIFICATE OF PUBLIC CONVENIENCE REQUIRED.
16 (A) GENERAL RULE.--IN ORDER TO OPERATE A LIMOUSINE SERVICE
17 WITHIN A CITY OF THE FIRST CLASS, A CERTIFICATE OF PUBLIC
18 CONVENIENCE MUST BE ISSUED BY THE AUTHORITY. THE AUTHORITY MAY
19 GRANT A CERTIFICATE OF PUBLIC CONVENIENCE TO PROVIDE LIMOUSINE
20 SERVICE IF THE AUTHORITY DETERMINES THAT THE APPLICANT IS
21 CAPABLE OF PROVIDING SAFE, ADEQUATE, LAWFUL AND DEPENDABLE
22 SERVICE TO THE PUBLIC.
23 (B) ENFORCEMENT.--
24 (1) THE PROVISIONS OF THIS SUBCHAPTER AND THE RULES AND
25 REGULATIONS PROMULGATED BY THE AUTHORITY PURSUANT TO THIS
26 SUBCHAPTER SHALL BE ENFORCED WITHIN CITIES OF THE FIRST CLASS
27 BY AUTHORITY PERSONNEL.
28 (2) THE PENNSYLVANIA PUBLIC UTILITY COMMISSION MAY
29 INITIATE ACTIONS BEFORE THE AUTHORITY.
30 (C) RESTRICTIONS.--CERTIFICATES ISSUED PURSUANT TO THIS
20010S1100B2436 - 54 -
1 SUBCHAPTER SHALL BE NONTRANSFERABLE UNLESS A TRANSFER IS
2 APPROVED BY THE AUTHORITY.
3 § 5742. REGULATIONS.
4 THE AUTHORITY IS AUTHORIZED TO PRESCRIBE SUCH RULES AND
5 REGULATIONS AS IT DEEMS NECESSARY TO ADMINISTER AND ENFORCE THIS
6 CHAPTER.
7 § 5743. BUDGET AND FEES.
8 (A) INITIAL BUDGET AND FEES.--THE AUTHORITY SHALL COMPLETE
9 AN INITIAL BUDGET AND FEE SCHEDULE. THE FEE SCHEDULE SHALL
10 IDENTIFY THE INITIAL FEES FOR THE HOLDER OF A CERTIFICATE OF
11 PUBLIC CONVENIENCE FOR LIMOUSINE SERVICE. THE AUTHORITY'S
12 INITIAL BUDGET AND FEE SCHEDULE SHALL BE SUBMITTED TO THE
13 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE APPROPRIATIONS
14 COMMITTEE OF THE HOUSE OF REPRESENTATIVES. UNLESS EITHER THE
15 SENATE OR THE HOUSE OF REPRESENTATIVES ACTS TO DISAPPROVE
16 THROUGH ADOPTION OF A RESOLUTION WITHIN TEN LEGISLATIVE DAYS
17 FROM THE DATE OF SUBMITTAL, THE AUTHORITY'S FEE SCHEDULE SHALL
18 BECOME EFFECTIVE, AND THE AUTHORITY SHALL NOTIFY EACH
19 CERTIFICATE HOLDER BY CERTIFIED LETTER OF THE INITIAL FEE
20 SCHEDULE.
21 (B) FISCAL YEAR BUDGET AND FEES.--THE FISCAL YEAR FOR THE
22 FUND SHALL COMMENCE ON JULY 1 OF EACH YEAR. BEFORE MARCH 15 OF
23 EACH YEAR, THE AUTHORITY SHALL SUBMIT A BUDGET AND PROPOSED FEE
24 SCHEDULE FOR THE COMING FISCAL YEAR ALONG WITH COMPREHENSIVE
25 FINANCIAL DATA FROM THE PAST FISCAL YEAR TO THE APPROPRIATIONS
26 COMMITTEE OF THE SENATE AND THE APPROPRIATIONS COMMITTEE OF THE
27 HOUSE OF REPRESENTATIVES. UNLESS EITHER THE SENATE OR THE HOUSE
28 OF REPRESENTATIVES ACTS TO DISAPPROVE THROUGH ADOPTION OF A
29 RESOLUTION BY JUNE 15 OF EACH YEAR, THE AUTHORITY FEE SCHEDULE
30 SHALL BECOME EFFECTIVE. THE AUTHORITY SHALL NOTIFY ALL
20010S1100B2436 - 55 -
1 CERTIFICATE HOLDERS OF THE FEE SCHEDULE FOR THE COMING FISCAL
2 YEAR BY CERTIFIED LETTER. IF EITHER THE SENATE OR THE HOUSE OF
3 REPRESENTATIVES ACTS TO DISAPPROVE THE AUTHORITY'S FEE SCHEDULE
4 AND BUDGET, THE AUTHORITY SHALL UTILIZE THE FEE SCHEDULE AND
5 BUDGET FOR THE PRIOR YEAR.
6 (C) FIRST CLASS CITY TAXICAB REGULATORY FUND.--MONEY
7 DEPOSITED IN THE FIRST CLASS CITY TAXICAB REGULATORY FUND IS
8 HEREBY SPECIFICALLY APPROPRIATED FOR THE PURPOSES OF THIS
9 CHAPTER AND SHALL NOT BE USED FOR ANY PURPOSE NOT SPECIFIED IN
10 THIS CHAPTER. ALL INTEREST EARNED BY THE FUND AND ALL REFUNDS OR
11 REPAYMENTS SHALL BE CREDITED TO THE FUND.
12 (D) EXAMINATION OF RECORDS.--THE CHAIRPERSON AND THE
13 MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE
14 SENATE AND THE CHAIRPERSON AND THE MINORITY CHAIRPERSON OF THE
15 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES SHALL
16 HAVE THE RIGHT TO EXAMINE THE BOOKS, ACCOUNTS AND RECORDS OF THE
17 AUTHORITY AT ANY TIME.
18 § 5744. CRIMINAL PENALTIES.
19 FOR THE PURPOSE OF THIS SUBCHAPTER, ANY PERSON OR CORPORATION
20 CONVICTED OF:
21 (1) A SUMMARY OFFENSE SHALL BE SENTENCED TO PAY A FINE
22 OF $500 AND MAY BE SENTENCED TO A TERM OF IMPRISONMENT NOT TO
23 EXCEED 90 DAYS, OR BOTH; OR
24 (2) A MISDEMEANOR SHALL BE SENTENCED TO PAY A FINE OF
25 $2,500 AND MAY BE SENTENCED TO A TERM OF IMPRISONMENT NOT TO
26 EXCEED ONE YEAR, OR BOTH.
27 § 5745. CIVIL PENALTIES.
28 (A) GENERAL RULE.--IF ANY PERSON OR CORPORATION SUBJECT TO
29 THIS SUBCHAPTER SHALL VIOLATE ANY OF THE PROVISIONS OF THIS
30 SUBCHAPTER, OR SHALL DO ANY MATTER OR THING PROHIBITED UNDER
20010S1100B2436 - 56 -
1 THIS SUBCHAPTER; OR SHALL FAIL, OMIT, NEGLECT OR REFUSE TO
2 PERFORM ANY DUTY ENJOINED UPON IT BY THIS SUBCHAPTER; OR SHALL
3 FAIL, OMIT, NEGLECT OR REFUSE TO OBEY, OBSERVE AND COMPLY WITH
4 ANY REGULATION OR FINAL DIRECTION, REQUIREMENT, DETERMINATION OR
5 ORDER MADE BY THE AUTHORITY, OR TO COMPLY WITH ANY FINAL
6 JUDGMENT, ORDER OR DECREE MADE BY ANY COURT, THE PERSON OR
7 CORPORATION FOR THE VIOLATION, OMISSION, FAILURE, NEGLECT OR
8 REFUSAL SHALL FORFEIT AND PAY TO THE COMMONWEALTH A SUM NOT
9 EXCEEDING $1,000 TO BE RECOVERED BY AN ACTION OF ASSUMPSIT
10 INSTITUTED IN THE NAME OF THE COMMONWEALTH. IN CONSTRUING AND
11 ENFORCING THE PROVISIONS OF THIS SECTION, THE VIOLATION,
12 OMISSION, FAILURE, NEGLECT OR REFUSAL OF ANY OFFICER, AGENT OR
13 EMPLOYEE ACTING FOR OR EMPLOYED BY THE PERSON OR CORPORATION
14 SHALL IN EVERY CASE BE DEEMED TO BE THE VIOLATION, OMISSION,
15 FAILURE, NEGLECT OR REFUSAL OF THE PERSON OR CORPORATION.
16 (B) CONTINUING OFFENSES.--EACH AND EVERY DAY'S CONTINUANCE
17 IN THE VIOLATION OF ANY REGULATION OR FINAL DIRECTION,
18 REQUIREMENT, DETERMINATION OR ORDER OF THE AUTHORITY, OR OF ANY
19 FINAL JUDGMENT, ORDER OR DECREE MADE BY ANY COURT, SHALL BE A
20 SEPARATE AND DISTINCT OFFENSE. IF ANY INTERLOCUTORY ORDER OF
21 SUPERSEDEAS OR A PRELIMINARY INJUNCTION BE GRANTED, NO PENALTIES
22 SHALL BE INCURRED OR COLLECTED FOR OR ON ACCOUNT OF ANY ACT,
23 MATTER OR THING DONE IN VIOLATION OF SUCH FINAL DIRECTION,
24 REQUIREMENT, DETERMINATION, ORDER OR DECREE SO SUPERSEDED OR
25 ENJOINED FOR THE PERIOD OF TIME SUCH ORDER OF SUPERSEDEAS OR
26 INJUNCTION IS IN FORCE.
27 CHAPTER 58
28 CONTRACTORS' BONDS AND FINANCIAL
29 SECURITY FOR REDEVELOPMENT CONTRACTS
30 SEC.
20010S1100B2436 - 57 -
1 5801. SCOPE.
2 5802. DEFINITIONS.
3 5803. REDEVELOPMENT CONTRACTS EQUAL TO OR LESS THAN $10,000.
4 5804. REDEVELOPMENT CONTRACTS IN EXCESS OF $10,000.
5 5805. ISSUERS OF BONDS AND FINANCIAL SECURITY.
6 5806. RIGHTS OF ACTION.
7 5807. APPLICATION.
8 5808. CERTIFIED COPIES.
9 5809. PROHIBITED ACTS.
10 5810. EXISTING REDEVELOPMENT CONTRACTS.
11 § 5801. SCOPE.
12 THIS CHAPTER ESTABLISHES BOND AND FINANCIAL SECURITY
13 REQUIREMENTS FOR CERTAIN CONTRACTS INVOLVING REDEVELOPMENT BY
14 MUNICIPALITIES AND MUNICIPAL AUTHORITIES.
15 § 5802. DEFINITIONS.
16 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
17 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
18 CONTEXT CLEARLY INDICATES OTHERWISE:
19 "CLAIMANT." AN INDIVIDUAL, FIRM, PARTNERSHIP, ASSOCIATION OR
20 CORPORATION.
21 "CONTRACTING BODY." A PUBLIC ENTITY ENGAGED IN
22 REDEVELOPMENT. THE TERM INCLUDES THE FOLLOWING:
23 (1) A MUNICIPALITY.
24 (2) AN ENTITY ESTABLISHED UNDER ANY OF THE FOLLOWING:
25 (I) THE ACT OF MAY 28, 1937 (P.L.955, NO.265), KNOWN
26 AS THE HOUSING AUTHORITIES LAW.
27 (II) THE FORMER ACT OF MAY 2, 1945 (P.L.382,
28 NO.164), KNOWN AS THE MUNICIPALITY AUTHORITIES ACT OF
29 1945.
30 (III) THE ACT OF MAY 24, 1945 (P.L.991, NO.385),
20010S1100B2436 - 58 -
1 KNOWN AS THE URBAN REDEVELOPMENT LAW.
2 (IV) THE ACT OF AUGUST 23, 1967 (P.L.251, NO.102),
3 KNOWN AS THE ECONOMIC DEVELOPMENT FINANCING LAW.
4 (V) CHAPTER 56 (RELATING TO MUNICIPAL AUTHORITIES).
5 "LABOR OR MATERIALS." THE TERM INCLUDES PUBLIC UTILITY
6 SERVICES AND REASONABLE RENTALS OF EQUIPMENT, BUT ONLY FOR
7 PERIODS WHEN THE EQUIPMENT RENTED IS ACTUALLY USED AT A SITE.
8 "REDEVELOPMENT." UNDERTAKINGS AND ACTIVITIES FOR THE
9 ELIMINATION OF BLIGHTED AREAS. SUCH UNDERTAKINGS AND ACTIVITIES
10 MAY INCLUDE THE PLANNING, REPLANNING, ACQUISITION,
11 REHABILITATION, CONSERVATION, RENEWAL, IMPROVEMENT, CLEARANCE,
12 SALE, LEASE OR OTHER DISPOSITION OF REAL PROPERTY, BUILDINGS OR
13 OTHER IMPROVEMENTS IN BLIGHTED AREAS, OR PORTIONS THEREOF, THE
14 RELOCATION OF BUSINESSES AND FAMILIES AFFECTED INTO OR OUTSIDE
15 OF A REDEVELOPMENT AREA, OR ANY COMBINATION OF SUCH UNDERTAKINGS
16 AND ACTIVITIES, THE INSTALLATION, CONSTRUCTION OR RECONSTRUCTION
17 OF STREETS, UTILITIES, PARKS, PLAYGROUNDS AND OTHER
18 IMPROVEMENTS.
19 "REDEVELOPMENT CONTRACT." A CONTRACT BY A CONTRACTING BODY
20 FOR REDEVELOPMENT.
21 § 5803. REDEVELOPMENT CONTRACTS EQUAL TO OR LESS THAN $10,000.
22 (A) PERFORMANCE AND PAYMENT BONDS MAY BE REQUIRED.--BEFORE A
23 REDEVELOPMENT CONTRACT EQUAL TO OR LESS THAN $10,000 OF A
24 CONTRACTING BODY IS AWARDED TO A PRIME CONTRACTOR, THE
25 CONTRACTING BODY MAY REQUIRE THE PRIME CONTRACTOR TO FURNISH TO
26 THE CONTRACTING BODY THE FOLLOWING BONDS, WHICH SHALL BECOME
27 BINDING UPON THE AWARDING OF THE REDEVELOPMENT CONTRACT TO THE
28 PRIME CONTRACTOR:
29 (1) A PERFORMANCE BOND AT 100% OF THE CONTRACT AMOUNT,
30 CONDITIONED UPON THE FAITHFUL PERFORMANCE OF THE
20010S1100B2436 - 59 -
1 REDEVELOPMENT CONTRACT IN ACCORDANCE WITH THE PLANS,
2 SPECIFICATIONS AND CONDITIONS OF THE REDEVELOPMENT CONTRACT.
3 THE PERFORMANCE BOND SHALL BE SOLELY FOR THE PROTECTION OF
4 THE CONTRACTING BODY WHICH AWARDED THE REDEVELOPMENT
5 CONTRACT.
6 (2) A PAYMENT BOND AT 100% OF THE REDEVELOPMENT CONTRACT
7 AMOUNT. THE PAYMENT BOND SHALL BE SOLELY FOR THE PROTECTION
8 OF CLAIMANTS SUPPLYING LABOR OR MATERIALS TO THE PRIME

Historical Act text part 2

9 CONTRACTOR TO WHOM THE REDEVELOPMENT CONTRACT WAS AWARDED, OR
10 TO ANY OF THE PRIME CONTRACTOR'S SUBCONTRACTORS, IN THE
11 PROSECUTION OF THE WORK PROVIDED FOR IN THE REDEVELOPMENT
12 CONTRACT, AND SHALL BE CONDITIONED FOR THE PROMPT PAYMENT OF
13 ALL SUCH MATERIAL FURNISHED OR LABOR SUPPLIED OR PERFORMED IN
14 THE PROSECUTION OF THE WORK.
15 (B) FILING.--EACH OF THE BONDS FURNISHED UNDER THIS SECTION
16 SHALL BE FILED IN THE OFFICE OF THE CONTRACTING BODY WHICH
17 AWARDED THE REDEVELOPMENT CONTRACT FOR WHICH THE BONDS WERE
18 GIVEN.
19 § 5804. REDEVELOPMENT CONTRACTS IN EXCESS OF $10,000.
20 (A) FINANCIAL SECURITY REQUIRED.--BEFORE A REDEVELOPMENT
21 CONTRACT IN EXCESS OF $10,000 IS AWARDED TO A PRIME CONTRACTOR,
22 THE PRIME CONTRACTOR SHALL FURNISH TO THE CONTRACTING BODY THE
23 FOLLOWING FINANCIAL SECURITY, WHICH SHALL BECOME BINDING UPON
24 THE AWARDING OF THE REDEVELOPMENT CONTRACT TO THE PRIME
25 CONTRACTOR:
26 (1) FINANCIAL SECURITY, ACCEPTABLE TO AND APPROVED BY
27 THE CONTRACTING BODY, INCLUDING, BUT NOT LIMITED TO, FEDERAL
28 OR COMMONWEALTH CHARTERED LENDING INSTITUTION IRREVOCABLE
29 LETTERS OF CREDIT AND RESTRICTIVE OR ESCROW ACCOUNTS IN SUCH
30 LENDING INSTITUTIONS, EQUAL TO 100% OF THE REDEVELOPMENT
20010S1100B2436 - 60 -
1 CONTRACT AMOUNT, CONDITIONED UPON THE FAITHFUL PERFORMANCE OF
2 THE REDEVELOPMENT CONTRACT IN ACCORDANCE WITH THE PLANS,
3 SPECIFICATIONS AND CONDITIONS OF THE REDEVELOPMENT CONTRACT.
4 THE FINANCIAL SECURITY SHALL BE SOLELY FOR THE PROTECTION OF
5 THE CONTRACTING BODY WHICH AWARDED THE REDEVELOPMENT
6 CONTRACT.
7 (2) FINANCIAL SECURITY, ACCEPTABLE TO AND APPROVED BY
8 THE CONTRACTING BODY, INCLUDING, BUT NOT LIMITED TO, FEDERAL
9 OR COMMONWEALTH CHARTERED LENDING INSTITUTION IRREVOCABLE
10 LETTERS OF CREDIT AND RESTRICTIVE OR ESCROW ACCOUNTS IN SUCH
11 LENDING INSTITUTIONS, EQUAL TO 100% OF THE CONTRACT AMOUNT.
12 THE FINANCIAL SECURITY SHALL BE SOLELY FOR THE PROTECTION OF
13 CLAIMANTS SUPPLYING LABOR OR MATERIALS TO THE PRIME
14 CONTRACTOR TO WHOM THE REDEVELOPMENT CONTRACT WAS AWARDED, OR
15 TO ANY OF THE PRIME CONTRACTOR'S SUBCONTRACTORS, IN THE
16 PROSECUTION OF THE WORK PROVIDED FOR IN THE REDEVELOPMENT
17 CONTRACT, AND SHALL BE CONDITIONED FOR THE PROMPT PAYMENT OF
18 ALL SUCH MATERIAL FURNISHED OR LABOR SUPPLIED OR PERFORMED IN
19 THE PROSECUTION OF THE WORK.
20 (B) FILING.--A DUPLICATE COPY OF EACH FINANCIAL SECURITY
21 FURNISHED UNDER THIS SECTION SHALL BE FILED IN THE OFFICE OF THE
22 CONTRACTING BODY WHICH AWARDED THE CONTRACT FOR WHICH THE
23 FINANCIAL SECURITY WAS GIVEN.
24 § 5805. ISSUERS OF BONDS AND FINANCIAL SECURITY.
25 THE BONDS AND FINANCIAL SECURITY FURNISHED UNDER THE
26 PROVISIONS OF THIS CHAPTER SHALL BE EXECUTED BY ONE OR MORE
27 SURETY COMPANIES OR FEDERAL OR COMMONWEALTH CHARTERED LENDING
28 INSTITUTIONS, CHOSEN BY THE PARTY POSTING THE BONDS OR FINANCIAL
29 SECURITY AND ACCEPTABLE TO THE CONTRACTING BODY, LEGALLY
30 AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH.
20010S1100B2436 - 61 -
1 § 5806. RIGHTS OF ACTION.
2 (A) CLAIMANTS WITHIN THE REDEVELOPMENT CONTRACT.--SUBJECT TO
3 THE PROVISIONS OF SUBSECTION (B), A CLAIMANT WHO HAS PERFORMED
4 LABOR OR FURNISHED MATERIAL IN THE PROSECUTION OF THE WORK
5 PROVIDED FOR IN A REDEVELOPMENT CONTRACT FOR WHICH A PAYMENT
6 BOND HAS BEEN GIVEN UNDER SECTION 5803(A)(2) (RELATING TO
7 REDEVELOPMENT CONTRACTS EQUAL TO OR LESS THAN $10,000) OR FOR
8 WHICH OTHER FINANCIAL SECURITY HAS BEEN GIVEN UNDER SECTION
9 5804(A)(2) (RELATING TO REDEVELOPMENT CONTRACTS IN EXCESS OF
10 $10,000) AND WHO HAS NOT BEEN PAID IN FULL BEFORE THE EXPIRATION
11 OF 90 DAYS AFTER THE DAY ON WHICH THE CLAIMANT PERFORMED THE
12 LAST OF THE LABOR OR FURNISHED THE LAST OF SUCH MATERIALS FOR
13 WHICH THE CLAIMANT CLAIMS PAYMENTS MAY BRING A CIVIL ACTION ON
14 SUCH PAYMENT BOND OR OTHER FINANCIAL SECURITY IN THE CLAIMANT'S
15 OWN NAME TO RECOVER ANY AMOUNT DUE THE CLAIMANT FOR THE LABOR OR
16 MATERIAL, MAY PROSECUTE THE ACTION TO FINAL JUDGMENT AND EXECUTE
17 ON THE JUDGMENT.
18 (B) CLAIMANTS OUTSIDE THE REDEVELOPMENT CONTRACT.--
19 (1) A CLAIMANT WHO HAS A DIRECT CONTRACTUAL RELATIONSHIP
20 WITH A SUBCONTRACTOR OF A PRIME CONTRACTOR WHO GAVE A PAYMENT
21 BOND OR OTHER FINANCIAL SECURITY FOR A REDEVELOPMENT CONTRACT
22 BUT WHICH CLAIMANT HAS NO CONTRACTUAL RELATIONSHIP, EXPRESS
23 OR IMPLIED, WITH THE PRIME CONTRACTOR MAY BRING AN ACTION ON
24 THE PAYMENT BOND OR OTHER FINANCIAL SECURITY ONLY IF THE
25 CLAIMANT HAS GIVEN WRITTEN NOTICE TO SUCH CONTRACTOR WITHIN
26 90 DAYS FROM THE DATE ON WHICH THE CLAIMANT PERFORMED THE
27 LAST OF THE LABOR OR FURNISHED THE LAST OF THE MATERIALS FOR
28 WHICH THE CLAIMANT CLAIMS PAYMENT, STATING WITH SUBSTANTIAL
29 ACCURACY THE AMOUNT CLAIMED AND THE NAME OF THE PERSON FOR
30 WHOM THE WORK WAS PERFORMED OR TO WHOM THE MATERIAL WAS
20010S1100B2436 - 62 -
1 FURNISHED.
2 (2) THE NOTICE UNDER THIS SUBSECTION SHALL BE SERVED BY
3 REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, IN AN ENVELOPE
4 ADDRESSED TO THE PRIME CONTRACTOR AT ANY PLACE WHERE THE
5 PRIME CONTRACTOR'S OFFICE IS REGULARLY MAINTAINED FOR THE
6 TRANSACTION OF BUSINESS OR SERVED IN ANY MANNER IN WHICH
7 LEGAL PROCESS MAY BE SERVED FOR THE SERVICE OF A SUMMONS,
8 EXCEPT THAT SUCH SERVICE NEED NOT BE MADE BY A PUBLIC
9 OFFICER.
10 § 5807. APPLICATION.
11 THIS CHAPTER SHALL APPLY REGARDLESS OF WHETHER THE MATERIAL
12 FURNISHED OR LABOR PERFORMED ENTERS INTO AND BECOMES A COMPONENT
13 PART OF THE PUBLIC OR PRIVATE BUILDING OR OTHER PUBLIC WORK OR
14 PUBLIC IMPROVEMENT.
15 § 5808. CERTIFIED COPIES.
16 (A) CERTIFIED COPIES.--A CONTACTING BODY SHALL PROVIDE A
17 CERTIFIED COPY OF ANY PAYMENT BOND OR FINANCIAL SECURITY AND THE
18 REDEVELOPMENT CONTRACT FOR WHICH THE PAYMENT BOND OR FINANCIAL
19 SECURITY WAS GIVEN TO ANY PERSON WHO MAKES AN APPLICATION FOR
20 SUCH COPY AND SUBMITS AN AFFIDAVIT STATING THAT:
21 (1) THE PERSON FURNISHED MATERIAL OR PERFORMED LABOR FOR
22 THE COMPLETION OF THE WORK PROVIDED FOR IN THE REDEVELOPMENT
23 CONTRACT AND THAT THE PERSON HAS NOT BEEN FULLY PAID FOR SUCH
24 LABOR OR MATERIAL;
25 (2) THE PERSON IS A DEFENDANT IN AN ACTION BROUGHT ON A
26 PAYMENT BOND OR OTHER FINANCIAL SECURITY; OR
27 (3) THE PERSON IS THE SURETY IN A PAYMENT BOND ON WHICH
28 AN ACTION HAS BEEN BROUGHT OR IS THE REPRESENTATIVE OF A
29 LENDING INSTITUTION THAT HAS ISSUED OR IS MAINTAINING
30 FINANCIAL SECURITY ON WHICH AN ACTION HAS BEEN BROUGHT.
20010S1100B2436 - 63 -
1 (B) PAYMENT OF FEE.--THE APPLICANT SHALL PAY FOR EACH
2 CERTIFIED COPY A FEE FIXED BY THE CONTRACTING BODY TO COVER THE
3 ACTUAL COST OF THE PREPARATION OF THE COPY.
4 (C) CERTIFIED COPY AS EVIDENCE.--A CERTIFIED COPY OF A
5 PAYMENT BOND OR FINANCIAL SECURITY AND OF THE REDEVELOPMENT
6 CONTRACT FOR WHICH THE PAYMENT BOND OR FINANCIAL SECURITY WAS
7 GIVEN SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF THE CONTENTS,
8 EXECUTION AND DELIVERY OF THE ORIGINAL OF THE PAYMENT BOND AND
9 THE REDEVELOPMENT CONTRACT.
10 § 5809. PROHIBITED ACTS.
11 (A) GENERAL RULE.--IT IS UNLAWFUL FOR ANY REPRESENTATIVE OF
12 A CONTRACTING BODY, IN ISSUING AN INVITATION FOR BIDS, TO
13 REQUIRE THAT ANY BOND SPECIFIED IN SECTION 5803 (RELATING TO
14 REDEVELOPMENT CONTRACTS EQUAL TO OR LESS THAN $10,000) OR 5804
15 (RELATING TO REDEVELOPMENT CONTRACTS IN EXCESS OF $10,000) BE
16 FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR
17 AGENT OR BROKER.
18 (B) PENALTY.--ANY PERSON WHO VIOLATES SUBSECTION (A) COMMITS
19 A MISDEMEANOR OF THE FIRST DEGREE AND SHALL, UPON CONVICTION, BE
20 SENTENCED TO PAY A FINE NOT EXCEEDING $5,000 OR TO IMPRISONMENT
21 FOR A TERM NOT EXCEEDING FIVE YEARS, OR BOTH.
22 § 5810. EXISTING REDEVELOPMENT CONTRACTS.
23 ALL RIGHTS, DUTIES AND OBLIGATIONS ARISING UNDER ANY
24 REDEVELOPMENT CONTRACT AWARDED PURSUANT TO AN INVITATION FOR
25 BIDS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS CHAPTER, OR ANY
26 BOND GIVEN IN CONNECTION WITH SUCH REDEVELOPMENT CONTRACT, SHALL
27 CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE LAW IN EFFECT
28 AT THE TIME OF THE EXECUTION OF THAT CONTRACT BY ALL OF THE
29 PARTIES.
30 CHAPTER 59
20010S1100B2436 - 64 -
1 PENNSYLVANIA CONVENTION CENTER AUTHORITY
2 SEC.
3 5901. SCOPE.
4 5902. FINDINGS AND DECLARATION OF POLICY.
5 5903. DEFINITIONS.
6 5904. AUTHORITY CREATED.
7 5905. PURPOSES AND POWERS; GENERAL.
8 5906. CAPITAL AND OPERATING BUDGETS.
9 5906.1. EXPANSION FINANCING.
10 5907. PURPOSES AND POWERS; BONDS.
11 5908. PROVISIONS OF BONDS, TRUSTS, INDENTURES AND MORTGAGES.
12 5909. REMEDIES OF OBLIGEE OF AUTHORITY.
13 5910. ADDITIONAL REMEDIES CONFERRABLE BY AUTHORITY.
14 5911. GOVERNING BOARD.
15 5911.1. LABOR RELATIONS ADVISORY COMMITTEE.
16 5912. SOVEREIGN IMMUNITY.
17 5913. MONEYS OF AUTHORITY.
18 5914. TRANSFER OF EXISTING FACILITIES OR FUNDS; MAKING
19 OF ANNUAL GRANTS AND LEASE PAYMENTS TO AUTHORITY;
20 COMMONWEALTH BONDS.
21 5915. AWARD OF CONTRACTS.
22 5916. INTERESTS OF PUBLIC OFFICERS, PUBLIC EMPLOYEES AND
23 PARTY OFFICERS.
24 5917. ACQUISITION OF LANDS.
25 5918. USE AND OPERATION OF CONVENTION CENTER.
26 5919. LIMITATION OF POWERS.
27 5920. EXEMPTION FROM TAXATION.
28 5921. LEASE BY AUTHORITIES.
29 5922. COOPERATION.
30 5923. HOTEL ROOM RENTAL TAX.
20010S1100B2436 - 65 -
1 § 5901. SCOPE.
2 THIS CHAPTER DEALS WITH CONVENTION CENTER AUTHORITIES.
3 § 5902. FINDINGS AND DECLARATION OF POLICY.
4 IT IS HEREBY DETERMINED AND DECLARED AS A MATTER OF
5 LEGISLATIVE FINDING THAT:
6 (1) THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE
7 OF THIS COMMONWEALTH ARE DIRECTLY DEPENDENT UPON THE
8 CONTINUAL ENCOURAGEMENT, DEVELOPMENT, GROWTH AND EXPANSION OF
9 BUSINESS, INDUSTRY, COMMERCE AND TOURISM WITHIN THIS
10 COMMONWEALTH.
11 (2) UNEMPLOYMENT, THE SPREAD OF INDIGENCY AND THE HEAVY
12 BURDEN OF PUBLIC ASSISTANCE AND UNEMPLOYMENT COMPENSATION CAN
13 BE AVOIDED BY THE PROMOTION, ATTRACTION, STIMULATION,
14 DEVELOPMENT AND EXPANSION OF BUSINESS, INDUSTRY, COMMERCE AND
15 TOURISM IN THIS COMMONWEALTH.
16 (3) DEVELOPMENT OF A MAJOR CONVENTION CENTER IS MOST
17 APPROPRIATE IN A CITY OF THE FIRST CLASS WHICH, BECAUSE OF
18 SIZE, IS CAPABLE OF ATTRACTING MAJOR NATIONAL CONVENTIONS,
19 AND THAT THE ATTRACTION OF BUSINESS TO THIS COMMONWEALTH AS A
20 RESULT OF THE DEVELOPMENT IS AN IMPORTANT FACTOR IN THE
21 CONTINUAL ENCOURAGEMENT, PROMOTION, ATTRACTION, STIMULATION,
22 DEVELOPMENT, GROWTH AND EXPANSION OF BUSINESS, INDUSTRY,
23 COMMERCE AND TOURISM WITHIN A CITY, THE SURROUNDING COUNTIES
24 AND THIS COMMONWEALTH AS A WHOLE.
25 (4) THE PURPOSE OF A CONVENTION CENTER SHOULD BE THE
26 PROMOTION, ATTRACTION, STIMULATION, DEVELOPMENT AND EXPANSION
27 OF BUSINESS, INDUSTRY, COMMERCE AND TOURISM IN A CITY, THE
28 SURROUNDING COUNTIES AND THIS COMMONWEALTH AS A WHOLE.
29 (5) THE DEVELOPMENT OF A CONVENTION CENTER WILL PROVIDE
30 BENEFITS TO THE HOTEL INDUSTRY THROUGHOUT THE ENTIRE AREA OF
20010S1100B2436 - 66 -
1 THE CITY WHERE THE CENTER IS DEVELOPED.
2 (6) THE DEVELOPMENT OF A CONVENTION CENTER WILL ALSO
3 PROVIDE BENEFITS TO THE RESTAURANT AND ENTERTAINMENT
4 INDUSTRIES THROUGHOUT THE ENTIRE AREA OF THE CITY WHERE THE
5 CENTER IS LOCATED, TO ALL OTHER BUSINESSES AND INDIVIDUALS
6 BENEFITED BY THE ATTRACTION OF MAJOR CONVENTIONS AND
7 TOURISTS, TO OTHER INDIVIDUAL BUSINESSES WHOSE LIVELIHOOD IS
8 DEPENDENT ON THE ATTRACTION OF MAJOR CONVENTIONS AND TOURISTS
9 AND TO THE GENERAL PUBLIC.
10 (7) THE NEED FOR AND PROMOTION OF THE TYPE OF FACILITY
11 WHICH WILL PROVIDE SIGNIFICANT BENEFITS TO THE GENERAL PUBLIC
12 WILL REQUIRE THE EXPENDITURE OF PUBLIC MONEY AND THAT IT IS
13 APPROPRIATE TO AUTHORIZE A CITY TO IMPOSE AND COLLECT A TAX,
14 APPLICABLE WITHIN THE ENTIRE TERRITORIAL LIMITS OF THE CITY,
15 TO FACILITATE THE DEVELOPMENT OF A CONVENTION FACILITY AND
16 THE PROMOTION OF TOURISM WITHIN THE CITY.
17 (8) TO PROMOTE THE DEVELOPMENT OF A CONVENTION CENTER
18 WITHIN THIS COMMONWEALTH, IT IS NECESSARY TO PROVIDE
19 ADDITIONAL AND FLEXIBLE MEANS OF DEVELOPING, CONSTRUCTING,
20 DESIGNING, MANAGING, FINANCING AND OPERATING SUCH A
21 CONVENTION CENTER.
22 (9) AN IMPORTANT ASPECT OF THE DEVELOPMENT OF A
23 CONVENTION CENTER SHOULD BE THE REMOVAL OF BLIGHTED AREAS AND
24 THE REDEVELOPMENT OF BLIGHTED AREAS.
25 (10) THE POLICY OF THIS COMMONWEALTH IS TO PROMOTE THE
26 HEALTH, SAFETY, EMPLOYMENT, BUSINESS OPPORTUNITIES AND
27 GENERAL WELFARE OF THE PEOPLE OF THIS COMMONWEALTH BY
28 PROVIDING FOR THE CREATION OF A CONVENTION CENTER AUTHORITY,
29 WHICH SHALL EXIST AND OPERATE AS A PUBLIC INSTRUMENTALITY OF
30 THIS COMMONWEALTH FOR THE PUBLIC PURPOSE OF PROMOTING,
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1 ATTRACTING, STIMULATING, DEVELOPING AND EXPANDING BUSINESS,
2 INDUSTRY, COMMERCE AND TOURISM IN THIS COMMONWEALTH. THIS
3 PURPOSE IS DECLARED TO BE A PUBLIC PURPOSE SUPPORTING THE
4 ENACTMENT OF ALL PROVISIONS OF THIS CHAPTER AND FOR WHICH
5 PUBLIC MONEY MAY BE SPENT, TAXES MAY BE IMPOSED AND PRIVATE
6 PROPERTY MAY BE ACQUIRED BY THE EXERCISE OF THE POWER OF
7 EMINENT DOMAIN.
8 § 5903. DEFINITIONS.
9 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
10 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
11 CONTEXT CLEARLY REQUIRES OTHERWISE:
12 "AUTHORITY" OR "PENNSYLVANIA CONVENTION CENTER AUTHORITY."
13 AN AGENCY AND PUBLIC INSTRUMENTALITY OF THIS COMMONWEALTH AND A
14 BODY POLITIC AND CORPORATE CREATED PURSUANT TO THIS CHAPTER.
15 "BOARD." THE GOVERNING BODY OF AN AUTHORITY.
16 "BONDS." NOTES, BONDS, REFUNDING NOTES AND BONDS, INTERIM
17 CERTIFICATES, DEBENTURES AND OTHER EVIDENCE OF INDEBTEDNESS OR
18 OBLIGATIONS WHICH THE AUTHORITY IS AUTHORIZED TO ISSUE PURSUANT
19 TO THIS CHAPTER.
20 "CITY." ANY CITY OR COUNTY OF THE FIRST CLASS.
21 "CONSTRUCTION." THE ACQUISITION, DESIGN, ERECTION,
22 EXTENSION, RENOVATION, REHABILITATION, CONVERSION, FURNISHING,
23 FIXTURING, EQUIPPING, ENLARGEMENT OR SUBSTANTIAL REPAIR OF A
24 CONVENTION CENTER, OR PART OF A CONVENTION CENTER, AND
25 ACTIVITIES SUBSTANTIALLY RELATED TO SUCH ACQUISITION, DESIGN,
26 ERECTION, EXTENSION, RENOVATION, REHABILITATION, CONVERSION,
27 FURNISHING, FIXTURING, EQUIPPING, ENLARGEMENT OR SUBSTANTIAL
28 REPAIR OF A CONVENTION CENTER, OR PART OF A CONVENTION CENTER.
29 "CONVENTION CENTER." ANY LAND, IMPROVEMENT, STRUCTURE,
30 BUILDING OR PART OF A BUILDING, OR A PROPERTY INTEREST IN ANY
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1 LAND, IMPROVEMENT, STRUCTURE, BUILDING OR PART OF A BUILDING,
2 WHETHER OWNED BY OR LEASED BY OR TO OR OTHERWISE ACQUIRED BY THE
3 AUTHORITY, APPROPRIATE FOR LARGE PUBLIC ASSEMBLIES; THE HOLDING
4 OF CONVENTIONS; CONFERENCES; TRADE EXHIBITIONS; AND OTHER
5 BUSINESS, SOCIAL, CULTURAL, SCIENTIFIC AND PUBLIC INTEREST
6 EVENTS. THE TERM INCLUDES THE MAIN CONVENTION AREA AND OTHER
7 BUILDINGS, STRUCTURES OR FACILITIES FOR USE IN CONJUNCTION WITH
8 THE MAIN CONVENTION AREA, INCLUDING PROVISION FOR OFF-STREET
9 PARKING, RETAIL AREAS AND OTHER IMPROVEMENTS RELATED TO THE
10 CONVENTION CENTER OWNED BY OR LEASED BY OR TO THE AUTHORITY FOR
11 THE PURPOSE OF PRODUCING REVENUE TO ASSIST IN DEFRAYING ANY
12 COSTS OR EXPENSES OF THE CONVENTION CENTER.
13 "COST OF A PROJECT." ALL OR ANY PART OF THE COST OF
14 CONSTRUCTION, ACQUISITION, ALTERATION, ENLARGEMENT, FURNISHING,
15 FIXTURING AND EQUIPPING, RECONSTRUCTION AND REHABILITATION OF A
16 CONVENTION CENTER PROJECT. THE TERM INCLUDES ALL OF THE
17 FOLLOWING:
18 (1) COST OF ALL LANDS, STRUCTURES, REAL OR PERSONAL
19 PROPERTY, RIGHTS, RIGHTS-OF-WAY, ROADS, FRANCHISES, EASEMENTS
20 AND INTERESTS ACQUIRED OR USED FOR OR IN CONNECTION WITH A
21 PROJECT.
22 (2) COST OF DEMOLISHING OR REMOVING ANY BUILDINGS OR
23 STRUCTURES ON ACQUIRED LAND, INCLUDING THE COST OF ACQUIRING
24 LANDS TO WHICH BUILDINGS OR STRUCTURES MAY BE MOVED OR
25 LOCATED.
26 (3) COST OF ALL UTILITY LINES, STRUCTURES OR EQUIPMENT.
27 (4) CHARGES, INTEREST PRIOR TO, DURING AND FOR A PERIOD
28 OF SIX MONTHS AFTER COMPLETION OF CONSTRUCTION AND
29 ACQUISITION.
30 (5) PROVISIONS FOR RESERVES FOR PRINCIPAL AND INTEREST
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1 AND FOR EXTENSIONS, ENLARGEMENTS, ADDITIONS AND IMPROVEMENTS.
2 (6) COST OF ARCHITECTURAL, ENGINEERING, FINANCIAL AND
3 LEGAL SERVICES, PLANS, SPECIFICATIONS, STUDIES, SURVEYS,
4 ESTIMATES OF COST AND OF REVENUE.
5 (7) EXPENSES NECESSARY OR INCIDENT TO DETERMINING THE
6 FEASIBILITY OR PRACTICABILITY OF CONSTRUCTING THE PROJECT.
7 (8) OTHER CAPITAL COST OR EXPENSE AS NECESSARY OR
8 INCIDENT TO THE CONSTRUCTION, DEVELOPMENT AND ACQUISITION OF
9 THE PROJECT; TO THE FINANCING OF THE CONSTRUCTION,
10 DEVELOPMENT AND ACQUISITION; AND TO THE PLACING OF THE
11 PROJECT IN OPERATION. THIS PARAGRAPH INCLUDES A PROPER
12 ALLOWANCE FOR CONTINGENCIES AND THE PROVISIONS OF REASONABLE
13 INITIAL WORKING CAPITAL FOR OPERATING THE PROJECT.
14 "EXPANSION OR SUBSTANTIAL RENOVATION." ANY CONSTRUCTION WITH
15 AN ESTIMATED TOTAL COST OF MORE THAN $300,000,000 INITIATED
16 AFTER SUBSTANTIAL COMPLETION.
17 "FEDERAL AGENCY" OR "FEDERAL GOVERNMENT." THE UNITED STATES
18 OF AMERICA, THE PRESIDENT OF THE UNITED STATES OF AMERICA AND
19 ANY DEPARTMENT OR CORPORATION, AGENCY OR INSTRUMENTALITY
20 DESIGNATED OR ESTABLISHED BY THE UNITED STATES OF AMERICA.
21 "MAIN CONVENTION AREA." ALL FACILITIES, FURNITURE, FIXTURES
22 AND EQUIPMENT NECESSARY OR INCIDENT TO THE PURPOSES OF A
23 CONVENTION CENTER. THE TERM INCLUDES:
24 (1) MEETING ROOMS, DINING ROOMS, KITCHENS, BALLROOMS,
25 RECEPTION AREAS, REGISTRATION AND PREFUNCTION AREAS, TRUCK
26 LOADING AREAS AND ACCESS TO TRUCK LOADING AREAS, ACCESS WAYS,
27 COMMON AREAS, LOBBIES AND OFFICES; AND
28 (2) AREAS APPURTENANT TO ANY OF THE AREAS LISTED IN
29 PARAGRAPH (1).
30 "OBLIGEE OF THE AUTHORITY" OR "OBLIGEE." ANY BONDHOLDER,
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1 TRUSTEE OR TRUSTEES FOR ANY BONDHOLDERS WHEN A PARTY TO ANY
2 CONTRACT WITH THE AUTHORITY.
3 "PHILADELPHIA METROPOLITAN STATISTICAL AREA." THE
4 PENNSYLVANIA PART OF THE PHILADELPHIA STANDARD METROPOLITAN
5 STATISTICAL AREA AS DETERMINED BY THE UNITED STATES CENSUS
6 BUREAU, 1980 CENSUS, COMPRISING THE PENNSYLVANIA COUNTIES OF
7 PHILADELPHIA, DELAWARE, BUCKS, MONTGOMERY AND CHESTER.
8 "PROJECT." ANY SITE, BUILDING, STRUCTURE, EQUIPMENT,
9 FURNISHING AND OTHER FACILITIES OR UNDERTAKING IN RESPECT OF A
10 CONVENTION CENTER WHICH THE AUTHORITY IS AUTHORIZED TO ACQUIRE,
11 CONSTRUCT, IMPROVE, INSTALL, MAINTAIN OR OPERATE UNDER THE
12 PROVISIONS OF THIS CHAPTER.
13 "STATE PUBLIC BODY." THE COMMONWEALTH AND ITS EXECUTIVE,
14 ADMINISTRATIVE AND INDEPENDENT AGENCIES, ITS DEPARTMENTS, ITS
15 OFFICERS, ITS BOARDS, ITS AUTHORITIES, ITS COMMISSIONS AND ITS
16 INSTRUMENTALITIES.
17 "SUBSTANTIAL COMPLETION." CONSTRUCTION THAT IS SUFFICIENTLY
18 COMPLETED IN ACCORDANCE WITH CONTRACT DOCUMENTS AND CERTIFIED BY
19 THE CONVENTION CENTER AUTHORITY'S ARCHITECT OR ENGINEER, AS
20 MODIFIED BY CHANGE ORDERS WHICH ARE SUBJECT TO REVIEW AND
21 APPROVAL BY THE SECRETARY OF THE BUDGET AND THE CHIEF FINANCIAL
22 OFFICER OF THE CITY, SO THAT THE MAIN CONVENTION AREA CAN BE
23 USED, OCCUPIED OR OPERATED FOR ITS INTENDED USE. IN NO EVENT
24 SHALL A PROJECT BE CERTIFIED AS SUBSTANTIALLY COMPLETE UNTIL AT
25 LEAST 90% OF THE WORK ON THE MAIN CONVENTION AREA IS COMPLETED.
26 § 5904. AUTHORITY CREATED.
27 A BODY CORPORATE AND POLITIC, NAMED THE PENNSYLVANIA
28 CONVENTION CENTER AUTHORITY, IS CREATED AS A PUBLIC AUTHORITY
29 AND GOVERNMENT INSTRUMENTALITY TO HAVE CONTINUING SUCCESSION
30 UNTIL ITS EXISTENCE SHALL BE TERMINATED BY LAW. THE EXERCISE BY
20010S1100B2436 - 71 -
1 THE AUTHORITY OF THE POWERS CONFERRED BY THIS CHAPTER IS
2 DECLARED TO BE AND SHALL FOR ALL PURPOSES BE DEEMED AND HELD TO
3 BE THE PERFORMANCE OF AN ESSENTIAL PUBLIC FUNCTION.
4 § 5905. PURPOSES AND POWERS; GENERAL.
5 (A) GENERAL POWERS.--EVERY AUTHORITY CREATED BY THIS CHAPTER
6 SHALL BE A PUBLIC BODY, CORPORATE AND POLITIC, EXERCISING PUBLIC
7 POWERS OF THE COMMONWEALTH AS AN AGENCY AND INSTRUMENTALITY
8 THEREOF AND SHALL BE FOR THE PURPOSE, WITHOUT LIMITATION, BY
9 ITSELF OR BY AGREEMENT IN COOPERATION WITH OTHERS, OF ACQUIRING,
10 HOLDING, DEVELOPING, DESIGNING, CONSTRUCTING, IMPROVING,
11 MAINTAINING, MANAGING, OPERATING, FINANCING, FURNISHING,
12 FIXTURING, EQUIPPING, REPAIRING, LEASING OR SUBLEASING, EITHER
13 IN THE CAPACITY OF LESSOR OR LESSEE OR SUBLESSOR OR SUBLESSEE,
14 AND OWNING A CONVENTION CENTER, OR PARTS OF A CONVENTION CENTER.
15 (B) SPECIFIC POWERS.--THE AUTHORITY IS GRANTED ALL POWERS
16 NECESSARY OR CONVENIENT FOR THE CARRYING OUT OF THE PURPOSES IN
17 SUBSECTION (A), INCLUDING THE FOLLOWING RIGHTS AND POWERS:
18 (1) TO HAVE CONTINUING SUCCESSION.
19 (2) TO BE A PARTY IN ALL COURTS.
20 (3) TO ADOPT, USE AND ALTER AT WILL A CORPORATE SEAL.
21 (4) TO ACQUIRE BY GIFT OR OTHERWISE, PURCHASE, HOLD,
22 RECEIVE, LEASE, SUBLEASE AND USE ANY LICENSE, FRANCHISE OR
23 PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, OR
24 ANY INTEREST IN A LICENSE, FRANCHISE OR PROPERTY, INCLUDING A
25 CONVENTION CENTER, OR PARTS OF A CONVENTION CENTER.
26 (5) TO SELL, TRANSFER OR DISPOSE OF ANY PROPERTY OR
27 INTEREST IN PROPERTY WITH ADEQUATE AND FAIR CONSIDERATION.
28 (6) TO ACQUIRE, HOLD, DEVELOP, DESIGN, CONSTRUCT,
29 IMPROVE, MAINTAIN, MANAGE, OPERATE, FURNISH, FIXTURE, EQUIP,
30 REPAIR, OWN, LEASE OR SUBLEASE A CONVENTION CENTER, OR PARTS
20010S1100B2436 - 72 -
1 OF A CONVENTION CENTER, AND TO MAKE, ENTER INTO AND AWARD
2 CONTRACTS WITH ANY PERSON, ASSOCIATION, PARTNERSHIP OR
3 CORPORATION FOR THE DEVELOPMENT, DESIGN, FINANCING,
4 CONSTRUCTION, IMPROVEMENT, MAINTENANCE, OPERATION,
5 MANAGEMENT, FURNISHING, FIXTURING, EQUIPPING AND REPAIR OF A
6 CONVENTION CENTER, OR PARTS OF A CONVENTION CENTER.
7 (7) TO MAKE BYLAWS FOR THE MANAGEMENT AND REGULATION OF
8 ITS AFFAIRS AND ISSUE RULES, REGULATIONS AND POLICIES IN
9 CONNECTION WITH THE PERFORMANCE OF ITS FUNCTIONS AND DUTIES.
10 (8) TO APPOINT OFFICERS, AGENTS, EMPLOYEES AND SERVANTS,
11 TO PRESCRIBE THEIR DUTIES AND TO FIX THEIR COMPENSATION.
12 (9) TO FIX, ALTER, CHARGE AND COLLECT RENTALS,
13 ADMISSIONS, LICENSE FEES AND OTHER CHARGES.
14 (10) TO BORROW MONEY FOR THE PURPOSE OF PAYING THE COSTS
15 OF ANY PROJECT AND TO EVIDENCE THE DEBT; MAKE AND ISSUE
16 NEGOTIABLE BONDS OF THE AUTHORITY; SECURE THE PAYMENT OF THE
17 BONDS, OR ANY PART OF THE BONDS, BY PLEDGE OR DEED OF TRUST
18 OF ITS REVENUE, RENTALS, RECEIPTS AND CONTRACT RIGHTS; MAKE
19 CONTRACTS WITH THE PURCHASERS OR HOLDERS OF BONDS OR WITH
20 OTHER OBLIGEES OF THE AUTHORITY IN CONNECTION WITH ANY BONDS,
21 WHETHER ISSUED OR TO BE ISSUED, AS THE AUTHORITY DEEMS
22 ADVISABLE; OBTAIN CREDIT ENHANCEMENT OR LIQUIDITY FACILITIES
23 IN CONNECTION WITH ANY BONDS AS THE AUTHORITY DETERMINES TO
24 BE ADVANTAGEOUS; AND, IN GENERAL, PROVIDE FOR THE SECURITY
25 FOR BONDS AND THE RIGHTS OF THE HOLDERS OF BONDS.
26 (11) TO MAKE, ENTER INTO AND AWARD CONTRACTS TO EXECUTE
27 ALL INSTRUMENTS NECESSARY OR CONVENIENT FOR THE CARRYING OUT
28 OF ITS BUSINESS.
29 (12) TO BORROW MONEY AND ACCEPT GRANTS AND TO ENTER INTO
30 CONTRACTS, LEASES, SUBLEASES, LICENSES OR OTHER TRANSACTIONS
20010S1100B2436 - 73 -
1 WITH ANY FEDERAL AGENCY, STATE PUBLIC BODY, POLITICAL
2 SUBDIVISION, PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION.
3 (13) TO HAVE THE POWER OF EMINENT DOMAIN WITHIN A CITY
4 OF THE FIRST CLASS. ANY CONDEMNATION BY THE AUTHORITY SHALL
5 BE IN THE MANNER PROVIDED BY THE ACT OF JUNE 22, 1964
6 (SP.SESS., P.L.84, NO.6), KNOWN AS THE EMINENT DOMAIN CODE.
7 (14) TO PLEDGE, HYPOTHECATE OR OTHERWISE ENCUMBER ANY OF
8 ITS PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR
9 INTANGIBLE, AND ITS REVENUE OR RECEIPTS, INCLUDING, BUT NOT
10 LIMITED TO, ANY INTEREST THE AUTHORITY MAY HAVE IN ANY LEASE
11 OR SUBLEASE OF A CONVENTION CENTER, OR PARTS OF A CONVENTION
12 CENTER.
13 (15) TO PROCURE INSURANCE CONTAINING COVERAGES,
14 INCLUDING, WITHOUT LIMITATION, INSURANCE COVERING THE TIMELY
15 PAYMENT IN FULL OF PRINCIPAL OF AND INTEREST ON BONDS OF THE
16 AUTHORITY, IN AMOUNTS AND FROM INSURERS AS THE AUTHORITY MAY
17 DETERMINE TO BE NECESSARY OR DESIRABLE FOR ITS PURPOSES.
18 (16) TO INVEST ITS MONEY.
19 (17) TO COOPERATE WITH ANY FEDERAL AGENCY, STATE PUBLIC
20 BODY OR POLITICAL SUBDIVISION.
21 (18) TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING
22 FUNDS, OR ANY FUNDS NOT REQUIRED FOR IMMEDIATE DISBURSEMENTS,
23 AS AUTHORIZED BY SECTION 5913(D)(RELATING TO MONEYS OF
24 AUTHORITY).
25 (19) TO APPOINT ALL OFFICERS, AGENTS AND EMPLOYEES
26 REQUIRED FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND
27 DETERMINE THEIR QUALIFICATIONS, DUTIES AND COMPENSATION AND
28 RETAIN OR EMPLOY OTHER AGENTS OR CONSULTANTS, INCLUDING, BUT
29 NOT LIMITED TO, ARCHITECTS, AUDITORS, ENGINEERS, PRIVATE
30 COUNSEL AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR
20010S1100B2436 - 74 -
1 OTHERWISE FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES
2 AND ADVICE.
3 (20) TO ENROLL ITS EMPLOYEES IN AN EXISTING RETIREMENT
4 SYSTEM OF THE STATE, CITY OR OTHER GOVERNMENTAL ENTITY.
5 (21) TO APPOINT AND FIX THE COMPENSATION OF CHIEF
6 COUNSEL AND ASSISTANT COUNSEL TO PROVIDE IT WITH LEGAL
7 ASSISTANCE, FOR WHICH PURPOSE THE AUTHORITY SHALL NOT BE
8 CONSIDERED EITHER AN EXECUTIVE AGENCY OR AN INDEPENDENT
9 AGENCY FOR THE PURPOSE OF THE ACT OF OCTOBER 15, 1980
10 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT,
11 BUT SHALL POSSESS THE SAME STATUS FOR SUCH PURPOSE AS THE
12 AUDITOR GENERAL, STATE TREASURER AND THE PENNSYLVANIA PUBLIC
13 UTILITY COMMISSION, EXCEPT THAT THE PROVISIONS OF SECTION
14 204(B) AND (F) OF THE COMMONWEALTH ATTORNEYS ACT SHALL NOT
15 APPLY TO THE AUTHORITY, AND, NOTWITHSTANDING THE PROVISIONS
16 OF 42 PA.C.S. § 8525 (RELATING TO LEGAL ASSISTANCE), THE
17 AUTHORITY THROUGH ITS COUNSEL SHALL DEFEND ACTIONS BROUGHT
18 AGAINST THE AUTHORITY AND ITS OFFICERS AND EMPLOYEES WHEN
19 ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES.
20 (22) TO MAINTAIN AN OFFICE IN THE CITY.
21 (23) TO APPOINT AN EXECUTIVE DIRECTOR, WHO SHALL:
22 (I) BE THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY;
23 (II) DEVOTE FULL TIME DURING BUSINESS HOURS TO THE
24 DUTIES OF OFFICE; AND
25 (III) RECEIVE COMPENSATION AS THE BOARD DETERMINES.
26 (23.1) TO CONTRACT WITH AN ASSOCIATION WITH EXPERIENCE
27 IN MANAGING CONVENTION CENTERS FOR THE MANAGEMENT OF THE
28 CONVENTION CENTER.
29 (24) TO DO ALL ACTS AND THINGS NECESSARY OR CONVENIENT
30 FOR THE PROMOTION OF ITS PURPOSES AND THE GENERAL WELFARE OF
20010S1100B2436 - 75 -
1 THE AUTHORITY AND TO CARRY OUT THE POWERS GRANTED TO IT BY
2 THIS CHAPTER OR ANY OTHER ACTS.
3 (C) LIMITATION.--THE AUTHORITY SHALL HAVE NO POWER TO PLEDGE
4 THE CREDIT OR TAXING POWERS OF ANY STATE PUBLIC BODY, ANY
5 POLITICAL SUBDIVISION OR THE CITY, NOR SHALL ANY OF ITS
6 OBLIGATIONS BE DEEMED OBLIGATIONS OF ANY STATE PUBLIC BODY, ANY
7 POLITICAL SUBDIVISION OR THE CITY, NOR SHALL ANY STATE PUBLIC
8 BODY, ANY POLITICAL SUBDIVISION OR THE CITY BE LIABLE FOR THE
9 PAYMENT OF PRINCIPAL OR INTEREST ON THE OBLIGATIONS.
10 (D) AFFIRMATIVE ACTION.--THE AUTHORITY SHALL DEVELOP AND
11 IMPLEMENT AN AFFIRMATIVE ACTION PLAN TO ASSURE THAT ALL PERSONS
12 ARE ACCORDED EQUALITY OF OPPORTUNITY IN EMPLOYMENT AND
13 CONTRACTING BY THE AUTHORITY, ITS CONTRACTORS, SUBCONTRACTORS,
14 ASSIGNEES, LESSEES, AGENTS, VENDORS AND SUPPLIERS.
15 § 5906. CAPITAL AND OPERATING BUDGETS.
16 (A) CAPITAL BUDGET.--AT LEAST 90 DAYS BEFORE THE COMMENCING
17 OF THE ENSUING FISCAL YEAR OF THE AUTHORITY, THE BOARD SHALL
18 CAUSE TO BE PREPARED AND SUBMITTED TO IT A RECOMMENDED CAPITAL
19 BUDGET. THE CAPITAL BUDGET SHALL SHOW IN DETAIL THE CAPITAL
20 EXPENDITURES TO BE MADE OR INCURRED IN THE NEXT FISCAL YEAR
21 WHICH ARE TO BE FINANCED FROM FUNDS SUBJECT TO CONTROL OR
22 APPROPRIATION BY THE BOARD. THE CAPITAL BUDGET SHALL BE PREPARED
23 WITH THE AID OF THE SECRETARY OF THE BUDGET AND THE CHIEF
24 FINANCIAL OFFICER OF THE CITY AND SHALL BE IN A FORM AND DETAIL
25 SATISFACTORY TO THEM. IN THE EVENT THAT THE CAPITAL BUDGET IS
26 NOT IN A FORM AND DETAIL SATISFACTORY TO EITHER THE SECRETARY OF
27 THE BUDGET OR THE CHIEF FINANCIAL OFFICER OF THE CITY, EITHER
28 OFFICIAL MAY REQUIRE THAT THE CAPITAL BUDGET BE REDRAFTED AND
29 RESUBMITTED. THE OFFICIAL SHALL NOT BE CONSIDERED IN RECEIPT OF
30 THE CAPITAL BUDGET OR ANY AMENDMENTS TO IT UNLESS THE FORM AND
20010S1100B2436 - 76 -
1 DETAIL OF THE CAPITAL BUDGET IS SATISFACTORY. FOR EACH SEPARATE
2 PURPOSE, PROJECT, FACILITY OR OTHER PROPERTY, THE AMOUNT AND THE
3 SOURCE OF THE MONEY THAT HAS BEEN SPENT, ENCUMBERED OR IS
4 INTENDED TO BE SPENT OR ENCUMBERED DURING THE FISCAL YEAR SHALL
5 BE SHOWN. NO LATER THAN THE DATE OF THE ADOPTION OF THE ANNUAL
6 OPERATING BUDGET, THE BOARD SHALL ADOPT A CAPITAL BUDGET BY A
7 MAJORITY VOTE OF ITS MEMBERS.
8 (B) OPERATING BUDGET.--AT LEAST 90 DAYS BEFORE THE
9 COMMENCING OF THE ENSUING FISCAL YEAR OF THE AUTHORITY, THE
10 BOARD SHALL CAUSE TO BE PREPARED AND SUBMITTED TO IT A
11 RECOMMENDED OPERATING BUDGET. THE OPERATING BUDGET SHALL BE
12 PREPARED WITH THE AID OF THE CHIEF FINANCIAL OFFICER OF THE CITY
13 AND SHALL BE IN FORM AND DETAIL SATISFACTORY TO HIM. IN THE
14 EVENT THAT THE OPERATING BUDGET IS NOT IN A FORM AND DETAIL
15 SATISFACTORY TO THE CHIEF FINANCIAL OFFICER OF THE CITY, THE
16 OFFICER MAY REQUIRE THAT THE OPERATING BUDGET BE REDRAFTED AND
17 RESUBMITTED. THE CHIEF FINANCIAL OFFICER SHALL NOT BE CONSIDERED
18 TO BE IN RECEIPT OF THE OPERATING BUDGET OR ANY AMENDMENTS TO
19 THE OPERATING BUDGET UNLESS THE FORM AND DETAIL IS TO THE
20 OFFICER'S SATISFACTION. THE OPERATING BUDGET SHOULD SET FORTH
21 THE ESTIMATED RECEIPTS AND REVENUE OF THE AUTHORITY DURING THE
22 NEXT FISCAL YEAR. THE BOARD SHALL, AT LEAST 30 DAYS BEFORE THE
23 END OF THE FISCAL YEAR, ADOPT, BY A MAJORITY VOTE OF ITS
24 MEMBERS, AN OPERATING BUDGET FOR THE NEXT FISCAL YEAR.
25 (C) ADDITIONAL APPROVALS OR DISAPPROVALS.--IF THE SECRETARY
26 OF THE BUDGET OR THE CHIEF FINANCIAL OFFICER OF THE CITY IN
27 WHICH THE CONVENTION CENTER IS LOCATED ARE AMONG THE MEMBERS
28 APPOINTED TO THE BOARD OF THE AUTHORITY OR IF THEY SIT AS EX
29 OFFICIO MEMBERS OF THE BOARD, EACH SHALL HAVE THE RIGHT TO
30 APPROVE OR DISAPPROVE EACH LINE ITEM OF THE CAPITAL BUDGET OF
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1 THE AUTHORITY AND ANY AMENDMENTS TO IT AS WELL AS ALL CHANGE
2 ORDERS. IN ADDITION, THE CHIEF FINANCIAL OFFICER OF THE CITY
3 SHALL HAVE THE RIGHT TO APPROVE OR DISAPPROVE THE TOTAL AMOUNT
4 OF THE OPERATING BUDGET OF THE AUTHORITY AND ANY AMENDMENTS
5 INCREASING THE AGGREGATE AMOUNT. IN THE CASE OF BOTH THE CAPITAL
6 AND OPERATING BUDGETS AND CHANGE ORDERS OF THE AUTHORITY,
7 APPROVAL SHALL BE PRESUMED UNLESS THE CHIEF FINANCIAL OFFICER OF
8 THE CITY HAS DISAPPROVED THE ENTIRE OPERATING BUDGET OR RELEVANT
9 AMENDMENTS TO IT, OR EITHER THE CHIEF FINANCIAL OFFICER OF THE
10 CITY OR THE SECRETARY OF THE BUDGET HAS DISAPPROVED ALL OR PART
11 OF THE CAPITAL BUDGET OF THE AUTHORITY OR AMENDMENTS TO IT OR
12 CHANGE ORDERS, WITHIN 30 DAYS OF THE RECEIPT OF THE RESPECTIVE
13 BUDGETS, AMENDMENTS TO THE RESPECTIVE BUDGETS OR CHANGE ORDERS.
14 THE SECRETARY OF THE BUDGET OR THE CHIEF FINANCIAL OFFICER OF
15 THE CITY MAY ESTABLISH A THRESHOLD LEVEL BELOW WHICH THE
16 OFFICERS WILL NOT EXERCISE THEIR RIGHT TO DISAPPROVE CHANGE
17 ORDERS AND MAY IDENTIFY CATEGORIES OR TYPES OF CHANGE ORDERS FOR
18 WHICH THEY WILL NOT EXERCISE THAT RIGHT.
19 (D) PROJECT DESIGN.--NOTWITHSTANDING ANY OTHER PROVISIONS OF
20 THIS CHAPTER TO THE CONTRARY, THE DESIGN FOR ANY CAPITAL PROJECT
21 UNDERTAKEN BY THE AUTHORITY SHALL BE SUBMITTED TO THE SECRETARY
22 OF THE BUDGET AND THE CHIEF FINANCIAL OFFICER OF THE CITY FOR
23 APPROVAL. NO SUCH CAPITAL PROJECT UNDER THIS SUBSECTION MAY BE
24 UNDERTAKEN BY THE AUTHORITY UNLESS THE SCHEMATIC DESIGN AND THE
25 PRELIMINARY DESIGN DEVELOPMENT DOCUMENTS HAVE BEEN APPROVED BY
26 THE SECRETARY OF THE BUDGET AND THE CHIEF FINANCIAL OFFICER OF
27 THE CITY. THE DESIGN AND CONSTRUCTION OF ANY CAPITAL PROJECT FOR
28 THE CENTER MAY BE DIVIDED INTO STAGES OR PHASES FOR WHICH
29 SCHEMATIC DESIGN AND PRELIMINARY DESIGN DEVELOPMENT DOCUMENTS
30 MAY BE APPROVED SEPARATELY BY THE SECRETARY OF THE BUDGET AND
20010S1100B2436 - 78 -
1 THE CHIEF FINANCIAL OFFICER OF THE CITY AND WHICH MAY BE
2 UNDERTAKEN BY THE AUTHORITY AS IF EACH STAGE OR PHASE WAS A
3 SEPARATE CAPITAL PROJECT. IN THE CASE OF THE SCHEMATIC DESIGN
4 AND PRELIMINARY DESIGN DEVELOPMENT DOCUMENTS FOR ANY CAPITAL
5 PROJECT OR ANY STAGE OR PHASE OF A CAPITAL PROJECT, APPROVAL
6 SHALL BE PRESUMED UNLESS THE SECRETARY OF THE BUDGET OR THE
7 CHIEF FINANCIAL OFFICER OF THE CITY HAS DISAPPROVED THE DESIGN
8 AND EXPRESSLY SET FORTH HIS OBJECTIONS TO THE DOCUMENTS WITHIN
9 45 DAYS OF THE RECEIPT OF THE DOCUMENTS. FURTHER DESIGN APPROVAL
10 SHALL NOT BE REQUIRED PROVIDED THE CONSTRUCTION DOCUMENTS ARE
11 CONSISTENT WITH THE DESIGN SET FORTH IN THE SCHEMATIC AND
12 PRELIMINARY DESIGN DEVELOPMENT DOCUMENTS.
13 (E) ONSITE INSPECTORS.--THE SECRETARY OF THE BUDGET MAY
14 APPOINT AND DESIGNATE AN INSPECTOR OR INSPECTORS WHO SHALL HAVE
15 COMPLETE AUTHORITY TO INSPECT ANY AND ALL ASPECTS OF THE
16 CONSTRUCTION OF ANY CAPITAL PROJECT UNDERTAKEN BY THE AUTHORITY.
17 ANY INSPECTION SHALL BE MADE DURING NORMAL BUSINESS HOURS AND
18 SHALL BE CONDUCTED IN SUCH A MANNER AS TO NOT DISRUPT THE WORK
19 OF CONSTRUCTING THE CENTER AND SHALL BE MADE SOLELY FOR THE
20 PURPOSE OF OBSERVING THE CONSTRUCTION OF THE PROJECT. THE
21 INSPECTORS SHALL REPORT TO THE SECRETARY OF THE BUDGET FOR THE
22 PURPOSE OF ASSISTING THE SECRETARY IN CARRYING OUT HIS DUTIES
23 AND RESPONSIBILITIES AS PROVIDED BY THIS SECTION.
24 § 5906.1. EXPANSION FINANCING.
25 (A) COMMONWEALTH FUNDS.--ANY GRANTS OF COMMONWEALTH FUNDS TO
26 THE AUTHORITY OR FOR USE BY THE AUTHORITY TO FINANCE ANY
27 EXPANSION OR SUBSTANTIAL RENOVATION OF THE CONVENTION CENTER
28 SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
29 (B) MANAGERIAL AUDIT.--
30 (1) NO LATER THAN APRIL 1, 2003, THE BOARD SHALL
20010S1100B2436 - 79 -
1 INITIATE A MANAGERIAL AUDIT OF THE CONVENTION CENTER TO BE
2 PERFORMED BY AN INDEPENDENT AUDITOR. THE AUDIT SHALL EXAMINE
3 ALL OF THE FOLLOWING:
4 (I) PAYROLL AND PERSONNEL PRACTICES;
5 (II) EQUIPMENT CONTROLS AND SECURITY;
6 (III) MANAGEMENT ACTIVITIES;
7 (IV) MANAGEMENT CONTROL SYSTEMS;
8 (V) COST OVERRUNS FOR CONVENTIONS HELD AT THE
9 CONVENTION CENTER;
10 (VI) LABOR PRODUCTIVITY;
11 (VII) COMPARISON OF COSTS WITH CONVENTION CENTERS IN
12 OTHER STATES;
13 (VIII) WORK RULES;
14 (IX) APPROPRIATE BENCHMARKS FOR EVALUATION OF
15 CONVENTION CENTER PERFORMANCE;
16 (X) REBOOKING RATES; AND
17 (XI) ANY OTHER ITEMS PROPOSED BY THE BOARD.
18 (2) THE BOARD SHALL ORDER SUBSEQUENT INDEPENDENT
19 MANAGERIAL AUDITS TO EVALUATE COMPLIANCE WITH AUDIT
20 RECOMMENDATIONS.
21 (C) CODE OF CONDUCT.--THE BOARD SHALL ESTABLISH A CODE OF
22 CONDUCT AND A SYSTEM TO ENFORCE THE CODE OF CONDUCT.
23 (D) CUSTOMER SERVICE.--THE BOARD SHALL DO ALL OF THE
24 FOLLOWING:
25 (1) ESTABLISH DISPUTE RESOLUTION MECHANISMS FOR THE USE
26 OF CUSTOMERS OF THE CONVENTION CENTER.
27 (2) ADOPT A PLAN FOR DOCUMENTING, INVESTIGATING AND
28 RESOLVING CUSTOMER COMPLAINTS.
29 (3) IMPLEMENT THE SYSTEMATIC COLLECTION OF CUSTOMER
30 FEEDBACK AND MONITOR CUSTOMER SATISFACTION.
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1 (4) ADOPT A SYSTEM OF PROGRAM MEASURES AND BENCHMARKS TO
2 EVALUATE CHANGES IN CUSTOMER SATISFACTION OVER TIME. THE
3 PROGRAM MEASURES SHALL INCLUDE, BUT ARE NOT LIMITED TO,
4 CUSTOMER PERSPECTIVES ON LABOR JURISDICTION DISPUTES, OVERALL
5 LABOR ENVIRONMENT AND LABOR EFFICIENCY.
6 (E) RELEASE.--PRIOR TO THE RELEASE OF ANY COMMONWEALTH FUNDS
7 TO FINANCE ANY EXPANSION OR SUBSTANTIAL RENOVATION, THE
8 SECRETARY OF THE BUDGET IN HIS SOLE DISCRETION SHALL CERTIFY TO
9 THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE
10 HOUSE OF REPRESENTATIVES THAT THE BOARD HAS COMPLIED WITH
11 SUBSECTIONS (B), (C) AND (D).
12 (F) FINANCIAL PLAN.--THE AUTHORITY SHALL SUBMIT A PROPOSED
13 FINANCIAL PLAN FOR AN EXPANSION OR SUBSTANTIAL RENOVATION OF THE
14 CONVENTION CENTER TO THE GOVERNOR, THE PRESIDENT PRO TEMPORE OF
15 THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE
16 PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY. THE
17 FINANCIAL PLAN SHALL BE CONSIDERED A PUBLIC RECORD. THE
18 PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY SHALL
19 PROVIDE A DETAILED ANALYSIS ON THE FISCAL IMPACT AND FINANCIAL
20 RISKS FOR THE EXPANSION OR SUBSTANTIAL RENOVATION TO THE
21 GOVERNOR, THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE
22 SPEAKER OF THE HOUSE OF REPRESENTATIVES. THE ANALYSIS SHALL BE
23 CONSIDERED A PUBLIC RECORD.
24 § 5907. PURPOSES AND POWERS; BONDS.
25 (A) AUTHORIZATION.--
26 (1) A BOND MUST BE AUTHORIZED BY RESOLUTION OF THE
27 BOARD. THE RESOLUTION MAY SPECIFY ALL OF THE FOLLOWING:
28 (I) SERIES.
29 (II) DATE OF MATURITY NOT EXCEEDING 40 YEARS FROM
30 DATE OF ISSUE.
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1 (III) INTEREST.
2 (IV) DENOMINATION.
3 (V) FORM, EITHER COUPON OR FULLY REGISTERED WITHOUT
4 COUPONS.
5 (VI) REGISTRATION, EXCHANGEABILITY AND
6 INTERCHANGEABILITY PRIVILEGES.
7 (VII) MEDIUM OF PAYMENT AND PLACE OF PAYMENT.
8 (VIII) TERMS OF REDEMPTION.
9 (IX) PRIORITIES IN THE REVENUE OR RECEIPTS OF THE
10 AUTHORITY.
11 (2) A BOND MUST BE SIGNED BY OR MUST BEAR THE FACSIMILE
12 SIGNATURE OF SUCH OFFICERS AS THE AUTHORITY DETERMINES.
13 COUPON BONDS MUST HAVE ATTACHED INTEREST COUPONS BEARING THE
14 FACSIMILE SIGNATURE OF THE TREASURER OF THE AUTHORITY AS
15 PRESCRIBED IN THE AUTHORIZING RESOLUTION. A BOND MAY BE
16 ISSUED AND DELIVERED NOTWITHSTANDING THAT ONE OR MORE OF THE
17 SIGNING OFFICERS OR THE TREASURER HAS CEASED TO BE AN OFFICER
18 WHEN THE BOND IS ACTUALLY DELIVERED. A BOND MUST BE
19 AUTHENTICATED BY AN AUTHENTICATING AGENT, A FISCAL AGENT OR A
20 TRUSTEE, IF REQUIRED BY THE AUTHORIZING RESOLUTION.
21 (3) A BOND MAY BE SOLD AT PUBLIC OR PRIVATE SALE FOR A
22 PRICE DETERMINED BY THE AUTHORITY. A BOND MAY BE SOLD AT
23 PRIVATE SALE ONLY IF:
24 (I) THE AUTHORITY MAKES A WRITTEN PUBLIC EXPLANATION
25 OF THE CIRCUMSTANCES AND JUSTIFICATION FOR THE PRIVATE
26 SALE; AND
27 (II) THE BOARD APPROVES THE PRIVATE SALE BY A VOTE
28 OF AT LEAST SEVEN MEMBERS OR A MAJORITY, WHICHEVER IS
29 LARGER.
30 (4) PENDING THE PREPARATION OF A DEFINITIVE BOND,
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1 INTERIM RECEIPTS MAY BE ISSUED TO THE PURCHASER AND MAY
2 CONTAIN TERMS AND CONDITIONS AS THE AUTHORITY DETERMINES.
3 (B) NEGOTIABILITY.--A BOND SHALL HAVE ALL THE QUALITIES OF
4 NEGOTIABLE INSTRUMENTS UNDER 13 PA.C.S. DIV. 3 (RELATING TO
5 NEGOTIABLE INSTRUMENTS).
6 (C) USE OF NET PROCEEDS.--THE NET PROCEEDS OF THE ISSUE OF
7 BONDS OR NOTES MAY BE USED TO PAY THE COSTS OF THE PROJECT OR TO
8 REIMBURSE ANY COSTS INITIALLY PAID BY ANY STATE PUBLIC BODY, THE
9 CITY, OTHER POLITICAL SUBDIVISION, AGENCY, ORGANIZATION OR
10 PERSON.
11 (D) REFUNDING AUTHORIZED.--
12 (1) SUBJECT TO THE PROVISIONS OF THE OUTSTANDING BONDS,
13 NOTES OR OTHER OBLIGATIONS AND SUBJECT TO THE PROVISIONS OF
14 THIS CHAPTER, THE AUTHORITY SHALL HAVE THE RIGHT AND POWER TO
15 REFUND ANY OUTSTANDING DEBT, IN WHOLE OR IN PART, AT ANY TIME
16 AND SHALL HAVE THE RIGHT AND POWER TO REFUND ANY OUTSTANDING
17 NOTES WITH BONDS OR BONDS WITH NOTES.
18 (2) AS USED IN THIS SUBSECTION, THE TERM "REFUND" MEANS
19 THE ISSUANCE AND SALE OF OBLIGATIONS THE PROCEEDS OF WHICH
20 ARE USED OR ARE TO BE USED FOR THE PAYMENT OR REDEMPTION OF
21 OUTSTANDING OBLIGATIONS UPON OR PRIOR TO MATURITY.
22 § 5908. PROVISIONS OF BONDS, TRUSTS, INDENTURES AND MORTGAGES.
23 IN CONNECTION WITH THE ISSUANCE OF BONDS OR THE INCURRING OF
24 OBLIGATIONS UNDER LEASES AND IN ORDER TO SECURE THE PAYMENT OF
25 SUCH BONDS AND OBLIGATIONS, THE AUTHORITY, IN ADDITION TO ITS
26 OTHER POWERS, SHALL HAVE THE POWER TO:
27 (1) PLEDGE ALL OR ANY PART OF ITS GROSS OR NET REVENUE
28 TO WHICH ITS RIGHT THEN EXISTS OR MAY THEREAFTER COME INTO
29 EXISTENCE.
30 (2) MORTGAGE ALL OR ANY PART OF ITS REAL OR PERSONAL
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1 PROPERTY THEN OWNED OR THEREAFTER ACQUIRED.
2 (3) COVENANT AGAINST PLEDGING ALL OR ANY PART OF ITS
3 REVENUE, OR AGAINST MORTGAGING ALL OR ANY PART OF ITS REAL OR
4 PERSONAL PROPERTY TO WHICH ITS RIGHT OR TITLE EXISTS OR MAY
5 COME INTO EXISTENCE, OR AGAINST PERMITTING OR SUFFERING A
6 LIEN ON THE REVENUE OR PROPERTY; TO COVENANT WITH RESPECT TO
7 LIMITATIONS ON ITS RIGHT TO SELL, LEASE OR OTHERWISE DISPOSE
8 OF ANY OF ITS REAL PROPERTY; AND TO COVENANT AS TO WHAT OTHER
9 OR ADDITIONAL DEBTS OR OBLIGATIONS MAY BE INCURRED BY IT.
10 (4) COVENANT AS TO THE BONDS TO BE ISSUED AND AS TO THE
11 ISSUANCE OF THE BONDS, IN ESCROW OR OTHERWISE, AND AS TO THE
12 USE AND DISPOSITION OF THE PROCEEDS OF THE BONDS; TO PROVIDE
13 FOR THE REPLACEMENT OF LOST, DESTROYED OR MUTILATED BONDS, TO
14 COVENANT AGAINST EXTENDING THE TIME FOR THE PAYMENT OF ITS
15 BONDS OR INTEREST ON THE BONDS; TO REDEEM THE BONDS AND TO
16 COVENANT FOR THEIR REDEMPTION; AND TO PROVIDE THE TERMS AND
17 CONDITIONS OF THE BONDS.
18 (5) COVENANT AS TO THE AMOUNT OF REVENUE TO BE RAISED
19 EACH YEAR OR OTHER PERIOD OF TIME BY THE AUTHORITY, AS WELL
20 AS TO THE USE AND DISPOSITION TO BE MADE OF THE REVENUE, TO
21 CREATE OR TO AUTHORIZE THE CREATION OF SPECIAL FUNDS FOR DEBT
22 SERVICE OR OTHER PURPOSES AND TO COVENANT AS TO THE USE AND
23 DISPOSITION OF THE MONEY HELD IN THE SPECIAL FUNDS.
24 (5.1) PRESCRIBE THE AMOUNT OF BONDS.
25 (6) PRESCRIBE THE PROCEDURE, IF ANY, BY WHICH THE TERMS
26 OF A CONTRACT WITH BONDHOLDERS MAY BE AMENDED OR ABROGATED
27 WITH THE CONSENT OF THE HOLDERS AND THE MANNER IN WHICH
28 CONSENT MAY BE GIVEN.
29 (7) COVENANT AS TO THE USE OF ANY OR ALL OF ITS REAL OR
30 PERSONAL PROPERTY, TO WARRANT ITS TITLE AND TO COVENANT AS TO
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1 THE MAINTENANCE OF ITS REAL AND PERSONAL PROPERTY, THE
2 REPLACEMENT OF THE PROPERTY, THE INSURANCE TO BE CARRIED ON
3 THE PROPERTY AND THE USE AND DISPOSITION OF INSURANCE MONEY.
4 (8) COVENANT AS TO THE RIGHTS, LIABILITIES, POWERS AND
5 DUTIES ARISING UPON THE BREACH BY IT OF ANY COVENANT,
6 CONDITION OR OBLIGATION AND COVENANT AND PRESCRIBE, IN THE
7 EVENT OF DEFAULT, AS TO TERMS AND CONDITIONS UPON WHICH ITS
8 BONDS OR OBLIGATIONS SHALL BECOME OR MAY BE DECLARED DUE
9 BEFORE MATURITY AND AS TO THE TERMS AND CONDITIONS UPON WHICH
10 DECLARATION AND ITS CONSEQUENCES MAY BE WAIVED.
11 (9) VEST IN A TRUSTEE OR THE HOLDERS OF BONDS, OR ANY
12 PROPORTION OF THEM, THE RIGHT TO ENFORCE THE PAYMENT OF THE
13 BONDS OR ANY COVENANTS SECURING OR RELATING TO THE BONDS; TO
14 VEST IN A TRUSTEE THE RIGHT, IN THE EVENT OF A DEFAULT BY THE
15 AUTHORITY, TO TAKE POSSESSION AND USE, OPERATE AND MANAGE ANY
16 REAL PROPERTY AND TO COLLECT THE RENT AND REVENUE ARISING
17 FROM THE PROPERTY AND TO DISPOSE OF THE MONEY IN ACCORDANCE
18 WITH THE AGREEMENT OF THE AUTHORITY WITH THE TRUSTEE; TO
19 PROVIDE FOR THE POWERS AND DUTIES OF A TRUSTEE AND TO LIMIT
20 LIABILITIES OF THE TRUSTEE; AND TO PROVIDE THE TERMS AND
21 CONDITIONS UPON WHICH THE TRUSTEE OR THE HOLDERS OF BONDS, OR
22 ANY PROPORTION OF THEM, MAY ENFORCE ANY COVENANT OR RIGHTS
23 SECURING OR RELATING TO THE BONDS.
24 (10) OBTAIN LETTERS OF CREDIT AND BOND INSURANCE.
25 (11) EXERCISE ALL OR ANY PART OR COMBINATION OF THE
26 POWERS GRANTED UNDER THIS CHAPTER, TO MAKE COVENANTS OTHER
27 THAN AND IN ADDITION TO THE COVENANTS EXPRESSLY AUTHORIZED,
28 TO MAKE COVENANTS AND TO DO ACTS AND THINGS NECESSARY OR
29 CONVENIENT OR DESIRABLE TO SECURE ITS BONDS OR, IN THE
30 ABSOLUTE DISCRETION OF THE AUTHORITY, AS WILL TEND TO
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1 ACCOMPLISH THE PURPOSES OF THIS CHAPTER BY MAKING THE BONDS
2 MORE MARKETABLE NOTWITHSTANDING THAT THE COVENANTS, ACTS OR
3 THINGS MAY NOT BE SPECIFICALLY ENUMERATED IN THIS CHAPTER.
4 § 5909. REMEDIES OF OBLIGEE OF AUTHORITY.
5 AN OBLIGEE OF THE AUTHORITY HAS THE RIGHT, IN ADDITION TO ALL
6 OTHER RIGHTS WHICH MAY BE CONFERRED ON THE OBLIGEE, SUBJECT ONLY
7 TO ANY CONTRACTUAL RESTRICTIONS BINDING UPON THE OBLIGEE:
8 (1) BY MANDAMUS, SUIT, ACTION OR PROCEEDING AT LAW OR IN
9 EQUITY, TO COMPEL THE AUTHORITY AND THE MEMBERS, OFFICERS,
10 AGENTS OR EMPLOYEES THEREOF TO PERFORM EACH AND EVERY TERM,
11 PROVISION AND COVENANT CONTAINED IN ANY BOND OR CONTRACT OF
12 THE AUTHORITY WITH OR FOR THE BENEFIT OF THE OBLIGEE AND TO
13 REQUIRE THE CARRYING OUT OF ANY OR ALL COVENANTS AND
14 AGREEMENTS OF THE AUTHORITY AND THE FULFILLMENT OF ALL DUTIES
15 IMPOSED UPON THE AUTHORITY BY THIS CHAPTER.
16 (2) BY PROCEEDING IN EQUITY, TO OBTAIN AN INJUNCTION
17 AGAINST ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL OR THE
18 VIOLATION OF ANY OF THE RIGHTS OF THE OBLIGEE OF THE
19 AUTHORITY.
20 § 5910. ADDITIONAL REMEDIES CONFERRABLE BY AUTHORITY.
21 (A) ADDITIONAL REMEDIES.--THE AUTHORITY HAS POWER, BY ITS
22 RESOLUTION, TRUST, INDENTURE OR MORTGAGE, TO CONFER UPON ANY
23 OBLIGEES HOLDING OR REPRESENTING A SPECIFIED PERCENTAGE OF BONDS
24 THE RIGHT, IN ADDITION TO ALL RIGHTS THAT MAY OTHERWISE BE
25 CONFERRED, UPON THE HAPPENING OF AN EVENT OF DEFAULT AS DEFINED
26 IN THE RESOLUTION OR INSTRUMENT, BY SUIT, ACTION OR PROCEEDING
27 IN ANY COURT OF COMPETENT JURISDICTION:
28 (1) TO OBTAIN THE APPOINTMENT OF A RECEIVER OF REAL
29 PROPERTY OR A LEASEHOLD INTEREST OF THE AUTHORITY AND OF THE
30 RENTS AND PROFITS FROM THE PROPERTY OR INTEREST AND, IF A
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1 RECEIVER IS APPOINTED, TO AUTHORIZE THE RECEIVER TO ENTER AND
2 TAKE POSSESSION OF THE REAL PROPERTY OR LEASEHOLD INTEREST,
3 OPERATE IT, COLLECT AND RECEIVE ALL REVENUE OR OTHER INCOME
4 ARISING FROM IT AND KEEP THE MONEY IN A SEPARATE ACCOUNT AND
5 APPLY IT IN ACCORDANCE WITH THE OBLIGATIONS OF THE AUTHORITY
6 AS THE COURT DIRECTS; OR
7 (2) TO REQUIRE THE AUTHORITY AND ITS MEMBERS TO ACCOUNT
8 AS IF IT AND THEY WERE THE TRUSTEES OF AN EXPRESS TRUST.
9 (B) AUTHORITY OF RECEIVER.--NOTHING IN THIS SECTION OR ANY
10 OTHER SECTION OF THIS CHAPTER SHALL AUTHORIZE ANY RECEIVER
11 APPOINTED PURSUANT TO THIS CHAPTER FOR THE PURPOSE OF OPERATING
12 AND MAINTAINING ANY FACILITIES OF THE AUTHORITY TO SELL, ASSIGN,
13 MORTGAGE OR OTHERWISE DISPOSE OF ANY OF THE ASSETS, OF WHATEVER
14 KIND OR CHARACTER, BELONGING TO THE AUTHORITY. IT IS THE
15 INTENTION OF THIS CHAPTER TO LIMIT THE POWERS OF THE RECEIVER TO
16 THE OPERATION AND MAINTENANCE OF THE FACILITIES OF THE AUTHORITY
17 AS THE COURT SHALL DIRECT, AND NO HOLDER OR HOLDERS OF BONDS OF
18 THE AUTHORITY NOR ANY TRUSTEE OR OTHER OBLIGEE SHALL EVER HAVE
19 THE RIGHT IN ANY SUIT, ACTION OR PROCEEDING, AT LAW OR IN
20 EQUITY, TO COMPEL A RECEIVER, NOR SHALL ANY RECEIVER EVER BE
21 AUTHORIZED, OR ANY COURT BE EMPOWERED TO DIRECT THE RECEIVER, TO
22 SELL, ASSIGN, MORTGAGE OR OTHERWISE DISPOSE OF ANY ASSETS, OF
23 WHATEVER KIND OR CHARACTER, BELONGING TO THE AUTHORITY.
24 § 5911. GOVERNING BOARD.
25 (A) POWER.--THE POWER OF THE AUTHORITY SHALL BE EXERCISED BY
26 A GOVERNING BOARD COMPOSED OF THIRTEEN MEMBERS.
27 (1) EACH BOARD OF COUNTY COMMISSIONERS OR COUNTY
28 COUNCILS WITHIN THE PHILADELPHIA METROPOLITAN STATISTICAL
29 AREA, EXCLUDING COUNTIES WHICH ARE COTERMINOUS WITH CITIES OF
30 THE FIRST CLASS, SHALL APPOINT A RESIDENT OF THE COUNTY BY A
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1 MAJORITY VOTE OF THE MEMBERS OF EACH BOARD OF COUNTY
2 COMMISSIONERS OR COUNTY COUNCIL. THE TERM OF OFFICE OF
3 MEMBERS APPOINTED BY EACH BOARD OF COUNTY COMMISSIONERS OR
4 COUNTY COUNCILS SHALL BE FOUR YEARS. THE INITIAL TERM OF
5 MEMBERS APPOINTED UNDER THIS PARAGRAPH COMMENCES JANUARY 1,
6 2003.
7 (2) THE PRESIDENT PRO TEMPORE OF THE SENATE, THE
8 MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE HOUSE OF
9 REPRESENTATIVES AND THE MINORITY LEADER OF THE HOUSE OF
10 REPRESENTATIVES SHALL EACH APPOINT ONE MEMBER. THE TERM OF
11 OFFICE OF THESE MEMBERS SHALL RUN CONCURRENTLY WITH THE TERM
12 OF OFFICE OF THE APPOINTING AUTHORITY.
13 (3) THE CHIEF EXECUTIVE OFFICER OF THE CITY IN WHICH A
14 CONVENTION CENTER IS LOCATED SHALL APPOINT ONE MEMBER WHO IS
15 A RESIDENT OF THE CITY IN WHICH A CONVENTION CENTER IS
16 LOCATED. THE TERM OF OFFICE OF THE MEMBER SHALL RUN
17 CONCURRENTLY WITH THE TERM OF OFFICE OF THE APPOINTING
18 AUTHORITY.
19 (4) THE CHIEF EXECUTIVE OFFICER OF THE CITY IN WHICH A
20 CONVENTION CENTER IS LOCATED SHALL APPOINT ONE MEMBER FROM A
21 LIST OF FOUR NOMINEES PREPARED BY THE PHILADELPHIA CONVENTION
22 AND VISITOR'S BUREAU. EACH OF THE FOUR NOMINEES OF THE
23 HOSPITALITY INDUSTRY MUST BE A RESIDENT OF THE PHILADELPHIA
24 METROPOLITAN STATISTICAL AREA. THE TERM OF OFFICE OF THE
25 MEMBER SHALL RUN CONCURRENTLY WITH THE TERM OF OFFICE OF THE
26 APPOINTING AUTHORITY.
27 (5) THE COUNCIL OF THE CITY IN WHICH A CONVENTION CENTER
28 IS LOCATED SHALL APPOINT TWO MEMBERS AS PROVIDED FOR IN THIS
29 PARAGRAPH. ONE MEMBER SHALL BE APPOINTED FOR THE COUNCIL BY
30 THE PRESIDENT OF THE COUNCIL AND ONE SHALL BE APPOINTED FOR
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1 THE COUNCIL BY THE MINORITY LEADER OF THE COUNCIL. THE TERMS
2 OF OFFICE OF THE MEMBERS SHALL RUN CONCURRENTLY WITH THE TERM
3 OF OFFICE OF THE CHIEF EXECUTIVE OFFICER OF THE CITY.
4 (6) THE BOARD MEMBERS SHALL BY A VOTE OF AT LEAST SEVEN
5 MEMBERS OR A MAJORITY WHICHEVER IS LARGER SHALL APPOINT AN
6 ADDITIONAL MEMBER, WHO SHALL SERVE AS CHAIRMAN OF THE BOARD.
7 (7) (I) THE MEMBER CHOSEN AS CHAIRMAN SHALL HAVE
8 EXPERIENCE EITHER AS AN EXECUTIVE OFFICER, FINANCIAL
9 OFFICER OR OPERATING OFFICER OF A MAJOR CORPORATION,
10 MAJOR FINANCIAL INSTITUTION, SIGNIFICANT FIRM IN THE
11 HOSPITALITY INDUSTRY OR A CONVENTION CENTER OR HAS SERVED
12 IN A CABINET LEVEL POSITION IN A FEDERAL OR STATE AGENCY
13 OR HAS EXPERIENCE AS AN EXECUTIVE OFFICER OF A HOSPITAL
14 OR AN INSTITUTION OF HIGHER EDUCATION.
15 (II) THE CHAIRMAN SHALL SERVE FOR A TERM COINCIDENT
16 WITH THE TERM OF THE MEMBER APPOINTED PURSUANT TO
17 PARAGRAPH (3).
18 (III) IN THE EVENT THE MEMBERS OF THE BOARD CANNOT
19 AGREE ON A CHAIRMAN WITHIN 60 DAYS OF THE OFFICE OF
20 CHAIRMAN BECOMING VACANT, THE GOVERNOR SHALL APPOINT A
21 MEMBER TO SERVE AS CHAIRMAN SUBJECT TO THE ADVICE AND
22 CONSENT OF 26 MEMBERS OF THE SENATE. THE MEMBER APPOINTED
23 BY EITHER THE MEMBERS OR THE GOVERNOR SHALL SERVE AS
24 CHAIRMAN OF THE BOARD OF THE AUTHORITY UNTIL HIS
25 SUCCESSOR IS DULY APPOINTED. THE CHAIRMAN MAY BE REMOVED
26 AND A NEW CHAIRMAN SELECTED BY A VOTE OF SEVEN MEMBERS OF
27 THE BOARD OR A MAJORITY WHICHEVER IS LARGER.
28 (8) THE SECRETARY OF THE BUDGET SHALL SERVE AS A
29 NONVOTING EX OFFICIO MEMBER OF THE BOARD. IF THE CHIEF
30 FINANCIAL OFFICER OF THE CITY IN WHICH THE CONVENTION CENTER
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1 IS LOCATED IS NOT AN APPOINTED MEMBER OF THE BOARD, HE SHALL
2 SERVE AS A NONVOTING EX OFFICIO MEMBER OF THE BOARD.
3 (B) CERTIFICATION AND OATH OF OFFICE.--THE APPOINTING POWERS
4 SHALL CERTIFY THEIR RESPECTIVE APPOINTMENTS TO THE SECRETARY OF
5 THE COMMONWEALTH. WITHIN 30 DAYS AFTER CERTIFICATION OF HIS
6 APPOINTMENT AND BEFORE ENTERING UPON THE DUTIES OF HIS OFFICE,
7 EACH MEMBER OF THE BOARD SHALL TAKE AND SUBSCRIBE THE
8 CONSTITUTIONAL OATH OF OFFICE AND FILE IT IN THE OFFICE OF THE
9 SECRETARY OF THE COMMONWEALTH.
10 (C) TERMS AND VACANCIES.--IF A VACANCY SHALL OCCUR BY MEANS
11 OF THE DEATH, DISQUALIFICATION, ABANDONMENT, RESIGNATION OR
12 REMOVAL OF A MEMBER OR THE CHAIRMAN, SUBJECT TO THE PROVISIONS
13 OF SUBSECTION (A), THE APPOINTING AUTHORITY SHALL APPOINT A
14 SUCCESSOR TO FILL HIS UNEXPIRED TERM.
15 (D) COMPENSATION.--SUBJECT TO AN AGGREGATE PER ANNUM
16 LIMITATION AND ANY OTHER RULES AND REGULATIONS AS THE BOARD
17 SHALL DETERMINE, A MEMBER SHALL RECEIVE $125 PER DIEM WHEN
18 ENGAGED IN THE EXERCISE OF DUTIES FOR THE AUTHORITY AND SHALL
19 ALSO BE ENTITLED TO NECESSARY EXPENSES, INCLUDING TRAVELING
20 EXPENSES, INCURRED IN THE DISCHARGE OF DUTIES. IN ADDITION TO
21 ANY OTHER COMPENSATION PROVIDED UNDER THIS SUBSECTION, THE
22 CHAIRMAN OF THE BOARD OF THE AUTHORITY SHALL BE ENTITLED TO
23 RECEIVE SUCH ADDITIONAL COMPENSATION AS THE BOARD SHALL
24 DETERMINE. NO OTHER MEMBER OF THE BOARD SHALL BE ENTITLED TO ANY
25 ADDITIONAL COMPENSATION FOR EXTRA SERVICE PROVIDED TO THE
26 AUTHORITY. THE PER DIEM AMOUNT MAY BE INCREASED BY A VOTE OF
27 SEVEN MEMBERS OF THE BOARD OR A MAJORITY, WHICHEVER IS LARGER,
28 BUT ANY INCREASE SHALL NOT APPLY DURING THE TERM OF OFFICE OF
29 BOARD MEMBERS VOTING OR ELIGIBLE TO VOTE ON THE PER DIEM
30 INCREASE.
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1 (E) ORGANIZATION.--THE MEMBERS OF THE BOARD SHALL SELECT A
2 VICE CHAIRMAN AND OTHER OFFICERS AS THE BOARD MAY DETERMINE FROM
3 THE MEMBERS OF THE BOARD. EXCEPT AS OTHERWISE PROVIDED, ALL
4 ACTIONS OF THE BOARD SHALL BE TAKEN BY A VOTE OF AT LEAST SEVEN
5 MEMBERS OF THE BOARD, OR A MAJORITY, WHICHEVER IS LARGER, UNLESS
6 THE BYLAWS OF THE AUTHORITY SHALL PROVIDE FOR A GREATER VOTE.
7 THE BOARD SHALL HAVE FULL AUTHORITY TO MANAGE THE PROPERTIES AND
8 BUSINESS OF THE AUTHORITY AND TO PRESCRIBE, AMEND AND REPEAL
9 BYLAWS, RULES AND REGULATIONS GOVERNING THE MANNER IN WHICH THE
10 BUSINESS OF THE AUTHORITY MAY BE CONDUCTED AND THE POWERS
11 GRANTED TO IT MAY BE EXERCISED AND EMBODIED. NOTWITHSTANDING ANY
12 OTHER LAW, COURT DECISION, PRECEDENT OR PRACTICE TO THE
13 CONTRARY, NO ACTIONS BY OR ON BEHALF OF THE BOARD SHALL BE TAKEN
14 BY ANY OFFICER OF THE BOARD EXCEPT UPON THE APPROVAL OF A
15 MAJORITY OF THE BOARD. THE CHAIRMAN, VICE CHAIRMAN OR ANY OTHER
16 OFFICER, COMMITTEE OR EMPLOYEE OF THE BOARD MAY TAKE ACTIONS BY
17 OR ON BEHALF OF THE BOARD AS AUTHORIZED ON AT LEAST AN ANNUAL
18 BASIS BY A VOTE OF SEVEN MEMBERS OF THE BOARD OR A MAJORITY,
19 WHICHEVER IS LARGER, AND SUBJECT TO THE SUPERVISION AND CONTROL
20 OF THE BOARD.
21 (F) NONLIABILITY OF MEMBERS.--MEMBERS OF THE BOARD SHALL NOT
22 BE LIABLE PERSONALLY ON THE BONDS OR OTHER OBLIGATIONS OF THE
23 AUTHORITY. THE RIGHTS OF CREDITORS SHALL BE SOLELY AGAINST THE
24 AUTHORITY. THE AUTHORITY, ITSELF OR BY CONTRACT, SHALL DEFEND
25 BOARD MEMBERS AND SHALL INDEMNIFY AND HOLD HARMLESS BOARD
26 MEMBERS, WHETHER CURRENTLY EMPLOYED BY THE AUTHORITY OR NOT,
27 AGAINST AND FROM ANY AND ALL PERSONAL LIABILITIES, ACTIONS,
28 CAUSES OF ACTION AND ANY AND ALL CLAIMS MADE AGAINST THEM FOR
29 WHATEVER ACTIONS THEY PERFORM WITHIN THE SCOPE OF THEIR DUTIES
30 AS BOARD MEMBERS.
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1 (G) MEETINGS.--REGULAR MEETINGS OF THE BOARD SHALL BE HELD
2 AT LEAST ONCE IN EACH CALENDAR MONTH EXCEPT JULY OR AUGUST, THE
3 TIME AND PLACE OF THE MEETINGS TO BE FIXED BY THE BOARD. A
4 MAJORITY OF THE BOARD SHALL CONSTITUTE A QUORUM FOR THE
5 TRANSACTION OF BUSINESS. ALL ACTION OF THE BOARD SHALL BE BY
6 RESOLUTION, AND THE AFFIRMATIVE VOTE OF A MAJORITY OF ALL THE
7 MEMBERS SHALL BE NECESSARY FOR THE ADOPTION OF ANY RESOLUTION.
8 (H) ABANDONMENT.--A MEMBER SHALL BE DEEMED TO HAVE ABANDONED
9 HIS OFFICE UPON FAILURE TO ATTEND ANY REGULAR OR SPECIAL MEETING
10 OF THE BOARD, WITHOUT EXCUSE APPROVED BY RESOLUTION OF THE
11 BOARD, FOR A PERIOD OF FOUR MONTHS OR UPON REMOVAL OF HIS
12 RESIDENCE FROM THE METROPOLITAN AREA.
13 (I) DEFINITION.--AS USED IN THIS SECTION, THE TERM "ACTIONS
14 BY OR ON BEHALF OF THE BOARD" MEANS ANY ACTION WHATSOEVER OF THE
15 BOARD, INCLUDING THE HIRING, APPOINTMENT, REMOVAL, TRANSFER,
16 PROMOTION OR DEMOTION OF ANY OFFICERS AND EMPLOYEES, THE
17 RETENTION, USE OR REMUNERATION OF ANY ADVISORS, COUNSEL,
18 AUDITORS, ARCHITECTS, ENGINEERS OR CONSULTANTS, THE INITIATION
19 OF ANY LEGAL ACTION, THE MAKING OF ANY CONTRACTS, LEASES,
20 AGREEMENTS, BONDS, NOTES OR COVENANTS, THE APPROVAL OF
21 REQUISITIONS, PURCHASE ORDERS, INVESTMENTS AND REINVESTMENTS AND
22 THE ADOPTION, AMENDMENT, REVISION OR RESCISSION OF ANY RULES AND
23 REGULATIONS, ORDERS OR OTHER DIRECTIVES.
24 § 5911.1. LABOR RELATIONS ADVISORY COMMITTEE.
25 (A) ESTABLISHMENT AND COMPOSITION.--THERE IS HEREBY
26 ESTABLISHED A LABOR RELATIONS ADVISORY COMMITTEE. THE COMMITTEE
27 SHALL CONSIST OF:
28 (1) 16 MEMBERS APPOINTED BY THE BOARD.
29 (2) SIX MEMBERS FROM LABOR UNIONS.
30 (3) SIX REPRESENTATIVES OF CONTRACTORS. NO MORE THAN ONE
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1 REPRESENTATIVE CAN COME FROM A SPECIFIC CONTRACTOR.
2 (4) FOUR INDIVIDUALS WITH EXPERIENCE IN NEGOTIATING
3 LABOR AGREEMENTS.
4 (B) TERMS.--THE TERMS OF THE MEMBERS SHALL BE TWO YEARS FROM
5 THE DATE OF APPOINTMENT OR UNTIL A SUCCESSOR HAS BEEN APPOINTED,
6 EXCEPT THAT ONE-HALF OF THE MEMBERS FIRST APPOINTED SHALL SERVE
7 FOR TERMS OF ONE YEAR AND THE OTHER ONE-HALF SHALL SERVE FOR
8 TERMS OF TWO YEARS. NO MEMBER SHALL SERVE MORE THAN THREE
9 CONSECUTIVE TERMS. THE COMMITTEE SHALL SELECT FROM AMONG ITS
10 NUMBER A CHAIRMAN, VICE-CHAIRMAN AND A SECRETARY. A MAJORITY OF
11 THE MEMBERS OF THE COMMITTEE PLUS ONE SHALL CONSTITUTE A QUORUM.
12 (C) SUBJECTS TO BE SUBMITTED.--REGARDLESS OF WHETHER PUBLIC
13 HEARINGS ARE REQUIRED ON THE MATTERS DESCRIBED IN THIS
14 SUBSECTION, THE BOARD SHALL SUBMIT TO THE COMMITTEE PROPOSALS
15 REGARDING THE LABOR RELATIONS OF THE CONVENTION CENTER AND
16 CONTRACTORS. THE COMMITTEE MAY THOROUGHLY CONSIDER THE PROPOSALS
17 AND MAY PREPARE AND TRANSMIT TO THE BOARD AND TO ANY INTERESTED
18 MEMBER OF THE PUBLIC WRITTEN COMMENTS CONCERNING THE PROPOSALS
19 PRIOR TO THE DATE WHEN FINAL ACTION IS TO BE TAKEN.
20 (D) NATURE OF COMMITTEE'S COMMENTS.--ALTHOUGH THE BOARD
21 SHALL GIVE CAREFUL AND DUE CONSIDERATION TO THE COMMITTEE'S
22 COMMENTS PRIOR TO THE TAKING OF ANY FINAL ACTION, THE COMMENTS
23 SHALL BE CONSIDERED ONLY ADVISORY IN NATURE.
24 § 5912. SOVEREIGN IMMUNITY.
25 IT IS DECLARED TO BE THE INTENT OF THE GENERAL ASSEMBLY THAT
26 THE AUTHORITY CREATED PURSUANT TO THIS CHAPTER AND ITS OFFICERS,
27 OFFICIALS AND EMPLOYEES SHALL ENJOY SOVEREIGN AND OFFICIAL
28 IMMUNITY AS PROVIDED IN 1 PA.C.S. § 2310 (RELATING TO SOVEREIGN
29 IMMUNITY REAFFIRMED; SPECIFIC WAIVER) AND SHALL REMAIN IMMUNE
30 FROM SUIT EXCEPT AS PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
20010S1100B2436 - 93 -
1 42 PA.C.S. §§ 8501 (RELATING TO DEFINITIONS) THROUGH 8528
2 (RELATING TO LIMITATIONS ON DAMAGES). NOTWITHSTANDING THE
3 PROVISIONS OF 42 PA.C.S. § 8525 (RELATING TO LEGAL ASSISTANCE),
4 THE AUTHORITY THROUGH ITS COUNSEL SHALL DEFEND ACTIONS BROUGHT
5 AGAINST THE AUTHORITY AND ITS OFFICERS AND EMPLOYEES WHEN ACTING
6 WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES.
7 § 5913. MONEYS OF AUTHORITY.
8 (A) PAID TO TREASURER.--ALL MONEY OF THE AUTHORITY, FROM
9 WHATEVER SOURCE DERIVED, SHALL BE PAID TO THE TREASURER OF THE
10 AUTHORITY.
11 (B) FUNDS TO BE INVESTED.--THE BOARD SHALL INVEST AUTHORITY
12 FUNDS CONSISTENT WITH SOUND BUSINESS PRACTICE.
13 (C) INVESTMENT PROGRAM.--THE BOARD SHALL PROVIDE FOR AN
14 INVESTMENT PROGRAM SUBJECT TO RESTRICTIONS CONTAINED IN THIS
15 CHAPTER AND IN ANY OTHER APPLICABLE STATUTE AND ANY RULES AND
16 REGULATIONS ADOPTED BY THE BOARD.
17 (D) AUTHORIZED TYPES OF INVESTMENTS.--AUTHORIZED TYPES OF
18 INVESTMENTS FOR AUTHORITY FUNDS SHALL BE:
19 (1) DIRECT OBLIGATIONS OF OR OBLIGATIONS GUARANTEED BY
20 THE UNITED STATES OF AMERICA.
21 (2) ANY BOND, DEBENTURE, NOTE, PARTICIPATION CERTIFICATE
22 OR OTHER SIMILAR OBLIGATION ISSUED BY ANY ONE OR COMBINATION
23 OF THE FOLLOWING AGENCIES:
24 (I) GOVERNMENT NATIONAL MORTGAGE CORPORATION.
25 (II) FEDERAL LAND BANKS.
26 (III) FEDERAL HOME LOAN BANKS.
27 (IV) FEDERAL INTERMEDIATE CREDIT BANKS.
28 (V) BANKS FOR COOPERATIVES.
29 (VI) THE TENNESSEE VALLEY AUTHORITY.
30 (VII) THE UNITED STATES POSTAL SERVICE.
20010S1100B2436 - 94 -
1 (VIII) THE FARMERS HOME ADMINISTRATION.
2 (IX) THE STUDENT LOAN MARKETING ASSOCIATION.
3 (X) THE EXPORT-IMPORT BANK OF THE UNITED STATES.
4 (3) ANY BOND, DEBENTURE, NOTE, PARTICIPATION CERTIFICATE
5 OR OTHER SIMILAR OBLIGATION ISSUED BY THE FEDERAL NATIONAL
6 MORTGAGE CORPORATION TO THE EXTENT THE OBLIGATIONS ARE
7 GUARANTEED BY THE GOVERNMENT NATIONAL MORTGAGE CORPORATION OR
8 ISSUED BY ANY OTHER FEDERAL AGENCY AND BACKED BY THE FULL
9 FAITH AND CREDIT OF THE UNITED STATES OF AMERICA.
10 (4) DEPOSITS IN INTEREST-BEARING TIME OR DEMAND
11 DEPOSITS, OR CERTIFICATES OF DEPOSIT, FULLY INSURED BY THE
12 FEDERAL DEPOSIT INSURANCE CORPORATION OR ITS SUCCESSOR OR THE
13 FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION OR ITS
14 SUCCESSOR, OR FULLY SECURED BY ANY OF THE OBLIGATIONS
15 DESCRIBED ABOVE TO THE EXTENT NOT SO INSURED.
16 (5) REPURCHASE AGREEMENTS RELATING TO, OR INVESTMENT
17 AGREEMENTS SECURED BY OR PROVIDING FOR THE ACQUISITION AND
18 RESALE OF, OBLIGATIONS DESCRIBED IN PARAGRAPHS (1) THROUGH
19 (4) OR OBLIGATIONS OF FEDERAL HOME LOAN MORTGAGE CORPORATION
20 OR FEDERAL NATIONAL MORTGAGE ASSOCIATION, WITH:
21 (I) BANKS OR TRUST COMPANIES, INCLUDING ANY BANKING
22 ENTITY OR DEPOSITORY;
23 (II) BROKERS OR BROKER-DEALERS REGISTERED UNDER THE
24 SECURITIES EXCHANGE ACT OF 1934 (48 STAT. 881, 15 U.S.C.
25 §§ 78A-78JJ) ACCEPTABLE TO THE AUTHORITY; OR
26 (III) INSURANCE COMPANIES RATED A+ OR BETTER BY
27 BEST'S HAVING A NET CAPITAL AND SURPLUS OF AT LEAST
28 $25,000,000 OR CERTIFICATES OF DEPOSIT WITH BANKS OR
29 TRUST COMPANIES FULLY SECURED AS TO PRINCIPAL AND ACCRUED
30 INTEREST BY OBLIGATIONS DESCRIBED IN PARAGRAPHS (1)
20010S1100B2436 - 95 -
1 THROUGH (4) DEPOSITED WITH OR SUBJECT TO THE CONTROL OF
2 THE AUTHORITY.
3 (6) MONEY MARKET DEPOSIT ACCOUNTS OF BANKS OR TRUST
4 COMPANIES HAVING A NET CAPITAL AND SURPLUS OF AT LEAST
5 $25,000,000, INCLUDING ANY BANKING ENTITY OR DEPOSITORY.
6 (7) THE DESCRIPTION OF AUTHORIZED INVESTMENTS AS SET
7 FORTH IN PARAGRAPHS (5) AND (6) SHALL ONLY BE MET IF THE
8 AGREEMENTS REFERENCED IN PARAGRAPHS (5) AND (6) PROVIDE FOR
9 THE REPAYMENT OF THE PRINCIPAL AMOUNT INVESTED AT AN AMOUNT
10 NOT LESS THAN THAT INVESTED. WHENEVER SECURITY IS REQUIRED AS
11 SET FORTH IN PARAGRAPHS (4) THROUGH (6), SECURITY SHALL BE
12 DEPOSITED WITH THE TREASURER OF THE AUTHORITY OR BE HELD BY A
13 TRUSTEE OR AGENT SATISFACTORY TO THE AUTHORITY. MONEY OF THE
14 AUTHORITY SHALL BE PAID OUT ON THE WARRANT OR OTHER ORDER OF
15 THE CHAIRMAN OF THE AUTHORITY OR OF ANY OTHER PERSON THE
16 AUTHORITY AUTHORIZES TO EXECUTE THE WARRANTS OR ORDERS.
17 (E) ANNUAL REPORT TO BE FILED; ANNUAL AUDITS.--WITHIN 90
18 DAYS FOLLOWING THE END OF THE FISCAL YEAR, AN AUTHORITY SHALL
19 FILE AN ANNUAL REPORT WITH THE DEPARTMENT OF COMMUNITY AND
20 ECONOMIC DEVELOPMENT, THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
21 APPROPRIATION COMMITTEE OF THE SENATE AND THE CHAIRMAN AND
22 MINORITY CHAIRMAN OF THE APPROPRIATION COMMITTEE OF THE HOUSE OF
23 REPRESENTATIVES AND WITH THE CITY WHICH SHALL MAKE PROVISIONS
24 FOR THE ACCOUNTING OF REVENUE AND EXPENSES. THE AUTHORITY SHALL
25 HAVE ITS BOOKS, ACCOUNTS AND RECORDS AUDITED ANNUALLY IN
26 ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS BY AN
27 INDEPENDENT AUDITOR WHO SHALL BE A CERTIFIED PUBLIC ACCOUNTANT
28 OR COMPETENT PUBLIC ACCOUNTANT, AND A COPY OF THE AUDIT REPORT
29 SHALL BE ATTACHED TO AND BE MADE A PART OF THE ANNUAL REPORT. A
30 CONCISE FINANCIAL STATEMENT SHALL BE PUBLISHED ANNUALLY IN THE
20010S1100B2436 - 96 -
1 PENNSYLVANIA BULLETIN. IF THE AUTHORITY FAILS TO MAKE AN AUDIT,
2 THEN THE CONTROLLER, AUDITORS OR ACCOUNTANTS DESIGNATED BY THE
3 CITY ARE AUTHORIZED TO EXAMINE, AT THE EXPENSE OF THE AUTHORITY,
4 THE ACCOUNTS AND BOOKS OF THE AUTHORITY, INCLUDING ITS RECEIPTS,
5 DISBURSEMENTS, CONTRACTS, LEASES, SINKING FUNDS, INVESTMENTS AND
6 ANY OTHER MATTERS RELATING TO ITS FINANCES, OPERATIONS AND
7 AFFAIRS.
8 (F) POWER OF INSPECTION.--THE ATTORNEY GENERAL, AUDITOR
9 GENERAL, SECRETARY OF THE BUDGET AND THE CHAIRMAN AND MINORITY
10 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
11 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
12 OF THE HOUSE OF REPRESENTATIVES SHALL HAVE THE RIGHT TO EXAMINE
13 THE BOOKS, ACCOUNTS AND RECORDS OF THE AUTHORITY.
14 § 5914. TRANSFER OF EXISTING FACILITIES OR FUNDS; MAKING OF
15 ANNUAL GRANTS AND LEASE PAYMENTS TO AUTHORITY;
16 COMMONWEALTH BONDS.
17 (A) AUTHORITY GRANTED.--
18 (1) ANY STATE PUBLIC BODY, POLITICAL SUBDIVISION OR THE
19 CITY MAY SELL, LEASE OR SUBLEASE FROM OR TO, LEND, GRANT,
20 CONVEY OR OTHERWISE TRANSFER OR PAY OVER TO THE AUTHORITY,
21 WITH OR WITHOUT CONSIDERATION, ANY OF THE FOLLOWING:
22 (I) A CONVENTION CENTER OR PARTS OF A CONVENTION
23 CENTER.
24 (II) ANY INTEREST IN PROPERTY, REAL, PERSONAL OR
25 MIXED, TANGIBLE OR INTANGIBLE.
26 (III) ANY FUNDS AVAILABLE, NEEDED OR OBLIGATED FOR
27 DEVELOPMENT, ACQUISITION, DESIGN, MAINTENANCE,
28 MANAGEMENT, OPERATION, FINANCING, LEASING OR SUBLEASING
29 CONSTRUCTION OR IMPROVEMENT PURPOSES. THIS SUBPARAGRAPH
30 INCLUDES THE PROCEEDS OF BONDS PREVIOUSLY OR HEREAFTER
20010S1100B2436 - 97 -
1 ISSUED FOR CONSTRUCTION OR IMPROVEMENT OF A CONVENTION
2 CENTER, OR PARTS OF A CONVENTION CENTER.
3 (2) ANY PROPERTY, FUNDS OR CONVENTION CENTER, OR PARTS
4 OF A CONVENTION CENTER, RECEIVED BY THE AUTHORITY MAY BE USED
5 FOR ANY LAWFUL PURPOSE OF THE AUTHORITY.
6 (3) NOTHING IN THIS CHAPTER NOR IN ANY OTHER LAW SHALL
7 BE DEEMED TO MAKE ANY AUTHORITY OR ANY PERSONS, STATE-
8 SUPPORTED OR STATE-AIDED INSTITUTIONS UNDER ANY LAWS OF THIS
9 COMMONWEALTH.
10 (B) GRANTS AUTHORIZED.--
11 (1) THE CITY MAY DO ANY OF THE FOLLOWING:
12 (I) MAKE GRANTS FROM CURRENT REVENUE TO THE
13 AUTHORITY.
14 (II) ASSIST IN DEFRAYING THE COST OF MANAGEMENT,
15 OPERATION, MAINTENANCE, FINANCING AND DEBT SERVICE OF A
16 CONVENTION CENTER, OR PARTS OF A CONVENTION CENTER.
17 (III) ENTER INTO LONG-TERM AGREEMENTS PROVIDING FOR
18 THE PAYMENT OF GRANTS MADE OR COSTS DEFRAYED UNDER
19 SUBPARAGRAPH (I) OR (II).
20 (IV) ENTER INTO LONG-TERM LEASES OR SUBLEASES AS
21 LESSEE OR SUBLESSEE OF ALL OR PART OF A CONVENTION
22 CENTER.
23 (2) OBLIGATIONS OF THE CITY TO MAKE GRANTS, LEASE OR
24 SUBLEASE PAYMENTS TO AN AUTHORITY SHALL NOT, EVEN IF BASED ON
25 DEBT OBLIGATIONS OF AN AUTHORITY, CONSTITUTE DEBTS OF THE
26 CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
27 PROVISION AND SHALL BE PAYABLE ONLY TO THE EXTENT THAT
28 CURRENT REVENUE OF THE CITY ARE AVAILABLE.
29 (3) THE CITY MAY ISSUE GENERAL OBLIGATION BONDS FOR THE
30 PURPOSE OF OBTAINING FUNDS FOR LOCAL CONTRIBUTIONS PERTAINING
20010S1100B2436 - 98 -
1 TO CONVENTION CENTERS, OR PARTS OF CONVENTION CENTERS.
2 (C) REDEVELOPMENT ASSISTANCE PROJECT.--THE COMMONWEALTH MAY
3 CONTRIBUTE TO THE CAPITAL COSTS OF CONSTRUCTING A CONVENTION
4 CENTER BY THE ISSUANCE OF COMMONWEALTH BONDS AND NOTES PURSUANT
5 TO THE ACT OF FEBRUARY 9, 1999 (P.L.1, NO.1), KNOWN AS THE
6 CAPITAL FACILITIES DEBT ENABLING ACT. A CONVENTION CENTER
7 PROJECT UNDERTAKEN BY THE AUTHORITY IS DEEMED TO BE A
8 REDEVELOPMENT ASSISTANCE PROJECT FOR WHICH CAPITAL FUNDS OF THE
9 COMMONWEALTH MAY BE EXPENDED PURSUANT TO THE PROVISIONS OF THE
10 ACT OF MAY 20, 1949 (P.L.1633, NO.493), KNOWN AS THE HOUSING AND
11 REDEVELOPMENT ASSISTANCE LAW, AND, NOTWITHSTANDING ANY
12 PROVISIONS OF THE HOUSING AND REDEVELOPMENT ASSISTANCE LAW, THE
13 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT IS AUTHORIZED
14 TO MAKE CAPITAL GRANTS DIRECTLY TO THE AUTHORITY IN FURTHERANCE
15 OF THIS CHAPTER.
16 § 5915. AWARD OF CONTRACTS.
17 (A) LOWEST RESPONSIBLE BIDDER.--ALL CONSTRUCTION,
18 RECONSTRUCTION, REPAIRS OR WORK OF ANY NATURE MADE BY THE
19 AUTHORITY, WHERE THE ENTIRE COST, VALUE OR AMOUNT OF
20 CONSTRUCTION, RECONSTRUCTION, REPAIRS OR WORK, INCLUDING LABOR
21 AND MATERIALS, SHALL EXCEED $4,000, EXCEPT CONSTRUCTION,
22 RECONSTRUCTION, REPAIRS OR WORK DONE BY EMPLOYEES OF THE
23 AUTHORITY, OR BY LABOR SUPPLIED UNDER AGREEMENT WITH ANY FEDERAL
24 AGENCY, STATE PUBLIC BODY, POLITICAL SUBDIVISION OR CITY, WITH
25 SUPPLIES AND MATERIALS PURCHASED AS PROVIDED IN THIS CHAPTER,
26 SHALL BE DONE ONLY UNDER CONTRACT OR CONTRACTS TO BE ENTERED
27 INTO BY THE AUTHORITY WITH THE LOWEST RESPONSIBLE BIDDER UPON
28 PROPER TERMS, AFTER DUE PUBLIC NOTICE HAS BEEN GIVEN ASKING FOR
29 COMPETITIVE BIDS AS PROVIDED IN THIS CHAPTER; BUT THE AUTHORITY
30 SHALL HAVE THE RIGHT TO REJECT ANY OR ALL BIDS OR SELECT A
20010S1100B2436 - 99 -
1 SINGLE ITEM FROM ANY BID. NO CONTRACT SHALL BE ENTERED INTO FOR
2 CONSTRUCTION OR IMPROVEMENT OR REPAIR OF ANY PROJECT OR PORTION
3 OF A PROJECT UNLESS THE CONTRACTOR SHALL PROVIDE SUFFICIENT
4 SURETY OR SURETIES APPROVED BY THE AUTHORITY, AND IN AN AMOUNT
5 FIXED BY THE AUTHORITY, FOR THE PERFORMANCE OF THE CONTRACT. ALL
6 CONTRACTS SHALL PROVIDE, AMONG OTHER THINGS, THAT THE PERSON OR
7 CORPORATION ENTERING INTO THE CONTRACT WITH THE AUTHORITY WILL
8 PAY FOR ALL MATERIALS FURNISHED AND SERVICES RENDERED FOR THE
9 PERFORMANCE OF THE CONTRACT AND THAT ANY PERSON OR CORPORATION
10 FURNISHING MATERIALS OR RENDERING SERVICES MAY MAINTAIN AN
11 ACTION TO RECOVER FOR THE SAME AGAINST THE OBLIGOR IN THE
12 UNDERTAKING, AS THOUGH THE PERSON OR CORPORATION WAS NAMED IN
13 THE UNDERTAKING, PROVIDED THE ACTION IS BROUGHT WITHIN ONE YEAR
14 AFTER THE TIME THE CAUSE OF ACTION ACCRUED. NOTHING IN THIS
15 SECTION SHALL BE CONSTRUED TO LIMIT THE POWER OF THE AUTHORITY
16 TO CONSTRUCT, REPAIR OR IMPROVE ANY PROJECT OR PORTION OF A
17 PROJECT OR ANY ADDITION, BETTERMENT OR EXTENSION TO A PROJECT,
18 DIRECTLY BY THE OFFICERS AND EMPLOYEES OF THE AUTHORITY. THE
19 AUTHORITY MAY AWARD THE CONSTRUCTION, EXPANSION OR SUBSTANTIAL
20 RENOVATION OF A CONVENTION CENTER AS A SINGLE BID PROJECT
21 WITHOUT REGARD TO THE PROVISIONS OF THE ACT OF MAY 1, 1913
22 (P.L.155, NO.104), ENTITLED "AN ACT REGULATING THE LETTING OF
23 CERTAIN CONTRACTS FOR THE ERECTION, CONSTRUCTION, AND ALTERATION
24 OF PUBLIC BUILDINGS," AND SHALL NOT BE SUBJECT TO THE FORMER ACT
25 OF NOVEMBER 26, 1978 (P.L.1309, NO.317), ENTITLED "AN ACT
26 REGULATING THE AWARDING AND EXECUTION OF CERTAIN PUBLIC
27 CONTRACTS; PROVIDING FOR CONTRACT PROVISIONS RELATING TO THE
28 RETENTION, INTEREST, AND PAYMENT OF FUNDS PAYABLE UNDER THE
29 CONTRACTS; AND REPEALING INCONSISTENT ACTS," OR 62 PA.C.S.
30 (RELATING TO PROCUREMENT). NOTHING IN THIS SECTION OR ANY OTHER
20010S1100B2436 - 100 -
1 LAW OF THIS COMMONWEALTH SHALL REQUIRE THE AUTHORITY TO
2 COMPETITIVELY BID ARCHITECTURAL DESIGN, ENGINEERING,
3 CONSTRUCTION MANAGEMENT OR OTHER PROFESSIONAL SERVICES REQUIRED
4 BY THE AUTHORITY.
5 (B) SUPPLIES AND MATERIALS.--ALL SUPPLIES AND MATERIALS
6 COSTING $4,000 OR MORE TO BE ACQUIRED DIRECTLY BY THE AUTHORITY
7 SHALL BE PURCHASED ONLY AFTER DUE ADVERTISEMENT AS PROVIDED IN
8 THIS CHAPTER. THE AUTHORITY SHALL ACCEPT THE LOWEST BID OR BIDS
9 FROM A RESPONSIBLE BIDDER, KIND, QUALITY AND MATERIAL BEING
10 EQUAL, BUT THE AUTHORITY SHALL HAVE THE RIGHT TO REJECT ANY OR
11 ALL BIDS OR SELECT A SINGLE ITEM FROM ANY BID. THE PROVISIONS AS
12 TO BIDDING SHALL NOT APPLY TO THE PURCHASE OF UNIQUE SUPPLIES
13 AND MATERIALS OR SUPPLIES AND MATERIALS WHICH CANNOT BE OBTAINED
14 IN THE OPEN MARKET.
15 (C) MANAGEMENT PREROGATIVES.--NOTHING IN THIS SECTION OR IN
16 ANY OTHER LAW OF THE COMMONWEALTH SHALL PRECLUDE THE BOARD, WITH
17 THE APPROVAL OF SEVEN MEMBERS OR A MAJORITY, WHICHEVER IS
18 LARGER, FROM NEGOTIATING CONTRACTS FOR MANAGEMENT, OPERATION,
19 CONCESSION SERVICES, LICENSING OR LEASING OF A CONVENTION
20 CENTER, OR ANY PART OF A CONVENTION CENTER. THE AUTHORITY SHALL
21 NOT AWARD ANY CONTRACT TO ANY MANAGER, OPERATOR, CONCESSIONAIRE,
22 LICENSEE, LESSEE OR LESSOR THAT EXCEEDS THREE YEARS IN DURATION
23 UNLESS SEVEN MEMBERS OF THE BOARD OR A MAJORITY, WHICHEVER IS
24 LARGER, APPROVE THE AWARDING OF A CONTRACT FOR A GREATER PERIOD
25 OF TIME.
26 (D) APPLICATION OF CITY ORDINANCES.--THE AUTHORITY, ITS
27 CONTRACTORS, SUBCONTRACTORS, ASSIGNEES, LESSEES, AGENTS, VENDORS
28 AND SUPPLIERS SHALL NOT BE SUBJECT TO ANY CITY LAWS, ORDINANCES,
29 RULES OR REGULATIONS RELATING TO ANY LIMITS OR PREFERENCES WITH
30 REGARD TO EMPLOYMENT, CONTRACTING OR PROCUREMENT IN THE
20010S1100B2436 - 101 -
1 CONSTRUCTION AND OPERATION OF THE CONVENTION CENTER.
2 (E) STEEL PRODUCTS.--THE AUTHORITY SHALL BE SUBJECT TO THE
3 ACT OF MARCH 3, 1978 (P.L.6, NO.3), KNOWN AS THE STEEL PRODUCTS
4 PROCUREMENT ACT, AND 62 PA.C.S. CH. 37 SUBCH. B (RELATING TO
5 MOTOR VEHICLES).
6 (E.1) WAIVER OF NOTICE.--PUBLIC NOTICE UNDER THIS SECTION
7 MAY BE WAIVED IF THE AUTHORITY DETERMINES AN EMERGENCY EXISTS
8 AND THE SUPPLIES AND MATERIALS MUST BE PURCHASED IMMEDIATELY BY
9 THE AUTHORITY.
10 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM
11 "ADVERTISEMENT" OR "PUBLIC NOTICE" MEANS A NOTICE PUBLISHED AT
12 LEAST TEN DAYS BEFORE THE AWARD OF ANY CONTRACT IN A NEWSPAPER
13 OF GENERAL CIRCULATION PUBLISHED IN THE CITY.
14 § 5916. INTERESTS OF PUBLIC OFFICERS, PUBLIC EMPLOYEES AND
15 PARTY OFFICERS.
16 (A) RESTRICTIONS UPON AUTHORITY MANAGEMENT-LEVEL
17 EMPLOYEES.--
18 (1) NO PARTY OFFICER, PUBLIC OFFICER, PUBLIC OFFICIAL,
19 PUBLIC EMPLOYEE OR A MEMBER OF THE IMMEDIATE FAMILY OF A
20 PARTY OFFICER, PUBLIC OFFICER OR PUBLIC OFFICIAL SHALL BE
21 EMPLOYED AS A MANAGEMENT-LEVEL AUTHORITY EMPLOYEE.
22 NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, ANY MEMBER
23 OF THE GOVERNOR'S CABINET AND THE CHIEF FINANCIAL OFFICER OF
24 THE CITY IN WHICH THE CONVENTION CENTER IS LOCATED AND ANY
25 OTHER MEMBER OF THE MAYOR'S CABINET MAY SERVE ON THE
26 GOVERNING BOARD OF THE AUTHORITY AS PROVIDED BY SECTION 5911
27 (RELATING TO GOVERNING BOARD).
28 (2) NO PERSON CONVICTED OF AN INFAMOUS CRIME SHALL BE A
29 MEMBER OF THE BOARD OR EMPLOYED AS A MANAGEMENT-LEVEL
30 EMPLOYEE BY THE AUTHORITY.
20010S1100B2436 - 102 -
1 (B) RESTRICTED ACTIVITIES; STATEMENT OF FINANCIAL INTERESTS;
2 PUBLIC MEETINGS AND RECORDS.--THE PROVISIONS OF 65 PA.C.S. CH.
3 11 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE) AND
4 SECTION 10 OF THE ACT OF OCTOBER 4, 1978 (P.L.883, NO.170),
5 REFERRED TO AS THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW, AND
6 THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN AS THE STATE
7 ADVERSE INTEREST ACT, ARE SPECIFICALLY APPLICABLE TO BOARD
8 MEMBERS, OFFICERS AND EMPLOYEES OF THE AUTHORITY. FOR THE
9 PURPOSES OF APPLICATION OF THOSE ACTS, EMPLOYEES OF THE
10 AUTHORITY SHALL BE REGARDED AS PUBLIC EMPLOYEES OF THE
11 COMMONWEALTH AND OFFICERS OR BOARD MEMBERS OF THE AUTHORITY
12 SHALL BE REGARDED AS PUBLIC OFFICIALS OF THE COMMONWEALTH,
13 WHETHER OR NOT THEY RECEIVE COMPENSATION. THE AUTHORITY SHALL
14 ALSO BE SUBJECT TO 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS)
15 AND THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS
16 THE RIGHT-TO-KNOW LAW.
17 (C) CONFLICTS OF INTEREST.--NOTWITHSTANDING THE PROVISIONS
18 OF SUBSECTION (B), THE FOLLOWING PROHIBITIONS SHALL APPLY TO THE
19 AUTHORITY CREATED BY THIS CHAPTER:
20 (1) NO MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE OF
21 THE AUTHORITY SHALL USE HIS POSITION WITH THE AUTHORITY, OR
22 ANY CONFIDENTIAL INFORMATION RECEIVED THROUGH HIS POSITION
23 WITH THE AUTHORITY, TO OBTAIN FINANCIAL GAIN OTHER THAN
24 COMPENSATION PROVIDED BY LAW FOR HIMSELF, A MEMBER OF HIS
25 IMMEDIATE FAMILY OR A BUSINESS WITH WHICH HE IS ASSOCIATED.
26 (2) NO PERSON SHALL OFFER OR GIVE TO A BOARD MEMBER, A
27 MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE OF THE BOARD OR A
28 MEMBER OF HIS IMMEDIATE FAMILY OR A BUSINESS WITH WHICH HE IS
29 ASSOCIATED, AND NO BOARD MEMBER, MANAGEMENT-LEVEL EMPLOYEE OR
30 OTHER EMPLOYEE OF THE BOARD SHALL SOLICIT OR ACCEPT, ANYTHING
20010S1100B2436 - 103 -
1 OF VALUE, INCLUDING A GIFT, LOAN, POLITICAL CONTRIBUTION,
2 REWARD OR PROMISE OF FUTURE EMPLOYMENT, BASED ON ANY
3 UNDERSTANDING THAT THE VOTE, OFFICIAL ACTION OR JUDGMENT OF
4 THE BOARD MEMBER, MANAGEMENT-LEVEL EMPLOYEE OR OTHER EMPLOYEE
5 OF THE BOARD WOULD BE INFLUENCED THEREBY.
6 (3) NO BOARD MEMBER, MANAGEMENT-LEVEL EMPLOYEE OR OTHER
7 EMPLOYEE OF THE BOARD OR A MEMBER OF HIS IMMEDIATE FAMILY OR
8 ANY BUSINESS IN WHICH THE PERSON OR A MEMBER OF THE PERSON'S
9 IMMEDIATE FAMILY IS A DIRECTOR, OFFICER, OWNER OR HOLDER OF
10 STOCK EXCEEDING 5% OF THE EQUITY AT FAIR MARKET VALUE OF THE
11 BUSINESS SHALL ENTER INTO ANY CONTRACT VALUED AT $500 OR MORE
12 TO PROVIDE GOODS OR SERVICES TO THE AUTHORITY UNLESS THE
13 CONTRACT HAS BEEN AWARDED TO THE LOWEST RESPONSIBLE BIDDER
14 THROUGH AN OPEN AND PUBLIC PROCESS, INCLUDING PRIOR PUBLIC
15 NOTICE AND SUBSEQUENT PUBLIC DISCLOSURE OF ALL PROPOSALS
16 CONSIDERED AND CONTRACTS AWARDED.
17 (4) NO FORMER BOARD MEMBER, MANAGEMENT-LEVEL EMPLOYEE OR
18 OTHER EMPLOYEE OF THE BOARD SHALL REPRESENT A PERSON, WITH OR
19 WITHOUT COMPENSATION, ON ANY MATTER BEFORE THE AUTHORITY WITH
20 WHICH HE HAS BEEN ASSOCIATED FOR ONE YEAR AFTER HE LEAVES THE
21 AUTHORITY.
22 (5) NEITHER AN INDIVIDUAL WHO IS A STATE, CITY OR COUNTY
23 PUBLIC OFFICER OR PUBLIC OFFICIAL OR ANY PARTY OFFICER OR
24 MEMBER OF THE IMMEDIATE FAMILY OF SUCH INDIVIDUAL NOR A
25 BUSINESS WITH WHICH SUCH INDIVIDUAL OR MEMBER OF THE
26 INDIVIDUAL'S IMMEDIATE FAMILY IS ASSOCIATED SHALL HAVE A
27 FINANCIAL INTEREST IN ANY CONTRACT VALUED AT $500 OR MORE TO
28 PROVIDE GOODS OR SERVICES TO THE AUTHORITY EITHER DURING THE
29 TIME THE PERSON HOLDS OFFICE, OR FOR TWO YEARS AFTER THE
30 PERSON TERMINATES OFFICE, UNLESS THE CONTRACT IS EXECUTED
20010S1100B2436 - 104 -
1 PURSUANT TO THE PROVISIONS OF PARAGRAPH (3). FOR PURPOSES OF
2 THIS PARAGRAPH, THE TERM "FINANCIAL INTEREST" DOES NOT
3 INCLUDE EMPLOYMENT BY, ASSOCIATION WITH OR OWNERSHIP OF A
4 BUSINESS ASSOCIATION UNLESS THE PUBLIC OFFICER, PUBLIC
5 OFFICIAL, PARTY OFFICER OR MEMBER OF THE IMMEDIATE FAMILY OF
6 THE INDIVIDUAL OWNS SHARES OF STOCK IN A CORPORATION IN AN
7 AMOUNT IN EXCESS OF 5% OF THE TOTAL ISSUE FOR THE STOCK OF
8 THE CORPORATION, OR HAS AN OWNERSHIP INTEREST IN ANY
9 NONCORPORATE BUSINESS ASSOCIATION IN AN AMOUNT IN EXCESS OF
10 5% OF THE TOTAL OWNERSHIP OF A NONCORPORATE BUSINESS
11 ASSOCIATION.
12 (6) NO BOARD MEMBER, MANAGEMENT-LEVEL EMPLOYEE OR OTHER
13 EMPLOYEE OF THE BOARD OR AN ADVISOR OR CONSULTANT TO THE
14 STATE, CITY OR THE COUNTY HAVING RECOMMENDED TO THE AUTHORITY
15 WHICH HE SERVES EITHER THE MAKING OF A CONTRACT RELATING TO A
16 CONVENTION CENTER AUTHORITY OR A COURSE OF ACTION OF WHICH
17 THE MAKING OF SUCH A CONTRACT IS AN EXPRESS OR IMPLIED PART
18 SHALL, AT ANY TIME THEREAFTER, HAVE AN ADVERSE INTEREST IN
19 THE CONTRACT.
20 (7) NO BOARD MEMBER, MANAGEMENT-LEVEL EMPLOYEE OR OTHER
21 EMPLOYEE OF THE AUTHORITY, THE STATE, THE CITY OR THE COUNTY
22 SHALL INFLUENCE OR ATTEMPT TO INFLUENCE THE MAKING OF OR
23 SUPERVISE OR IN ANY MANNER DEAL WITH ANY CONTRACT WITH THE
24 AUTHORITY IN WHICH THE EMPLOYEE HAS AN ADVERSE INTEREST.
25 (8) NO BOARD MEMBER, MANAGEMENT-LEVEL EMPLOYEE OR OTHER
26 EMPLOYEE SHALL HAVE AN ADVERSE INTEREST IN ANY CONTRACT WITH
27 THE AUTHORITY.
28 (9) NO PERSON HAVING AN ADVERSE INTEREST IN A CONTRACT
29 WITH THE AUTHORITY SHALL BECOME A BOARD MEMBER, MANAGEMENT-
30 LEVEL EMPLOYEE OR OTHER EMPLOYEE OF THE AUTHORITY UNTIL THE
20010S1100B2436 - 105 -
1 ADVERSE INTEREST HAS BEEN WHOLLY DIVESTED.
2 (10) NO BOARD MEMBER, MANAGEMENT-LEVEL EMPLOYEE OR OTHER
3 EMPLOYEE OF THE AUTHORITY, THE STATE, THE CITY OR THE COUNTY,
4 EXCEPT IN THE PERFORMANCE OF HIS DUTIES AS SUCH EMPLOYEE,
5 SHALL, FOR REMUNERATION, DIRECTLY OR INDIRECTLY, REPRESENT
6 ANY OTHER PERSON UPON ANY MATTER PENDING BEFORE THE
7 AUTHORITY.
8 (D) ENFORCEMENT; PENALTIES.--
9 (1) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
10 SECTION SHALL HAVE EMPLOYMENT BY THE AUTHORITY OR MEMBERSHIP
11 ON THE BOARD TERMINATED IMMEDIATELY BY THE APPROPRIATE PERSON
12 HAVING THE POWER TO TERMINATE AND SHALL BE LIABLE TO THE
13 AUTHORITY TO REIMBURSE THE AUTHORITY FOR ALL COMPENSATION
14 RECEIVED FROM THE AUTHORITY WHILE EMPLOYED IN VIOLATION OF
15 SUBSECTION (A).
16 (2) ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBSECTION
17 (C)(1) OR (2) IS GUILTY OF A FELONY AND SHALL BE FINED NOT
18 MORE THAN $10,000 OR IMPRISONED FOR NOT MORE THAN FIVE YEARS,
19 OR BE BOTH FINED AND IMPRISONED.
20 (3) ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBSECTION
21 (C)(3) THROUGH (10) IS GUILTY OF A MISDEMEANOR AND SHALL BE
22 FINED NOT MORE THAN $1,000 OR IMPRISONED FOR NOT MORE THAN
23 ONE YEAR, OR BE BOTH FINED AND IMPRISONED.
24 (4) ANY PERSON WHO OBTAINS FINANCIAL GAIN FROM VIOLATING
25 ANY PROVISIONS OF SUBSECTION (C), IN ADDITION TO ANY OTHER
26 PENALTY PROVIDED BY LAW, SHALL PAY INTO THE ACCOUNTS OF THE
27 AUTHORITY A SUM OF MONEY EQUAL TO THREE TIMES THE FINANCIAL
28 GAIN RESULTING FROM THE VIOLATION.
29 (5) ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBSECTION
30 (C) SHALL BE BARRED FOR A PERIOD OF FIVE YEARS FROM ENGAGING
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1 IN ANY BUSINESS OR CONTRACT WITH THE AUTHORITY, THE STATE,
2 THE CITY AND ANY POLITICAL SUBDIVISION.
3 (6) ANY EMPLOYEE OF THE STATE, CITY OR ANY POLITICAL
4 SUBDIVISION OR ANY PUBLIC OFFICER OR PUBLIC OFFICIAL WHO
5 VIOLATES SUBSECTION (C) SHALL AUTOMATICALLY FORFEIT ANY
6 OFFICE OR EMPLOYMENT THE EMPLOYEE HOLDS.
7 (7) THE PENALTIES AND SANCTIONS PROVIDED BY THIS SECTION
8 SHALL SUPERSEDE ANY SIMILAR PENALTIES AND SANCTIONS PROVIDED
9 BY THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW AND STATE
10 ADVERSE INTEREST ACT.
11 (E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
12 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
13 SUBSECTION:
14 "BUSINESS." ANY CORPORATION, PARTNERSHIP, SOLE
15 PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION,
16 ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT-
17 STOCK COMPANY, RECEIVERSHIP, TRUST OR ANY LEGAL ENTITY ORGANIZED
18 FOR PROFIT OR AS A NOT-FOR-PROFIT CORPORATION OR ORGANIZATION.
19 "BUSINESS WITH WHICH HE IS ASSOCIATED." ANY BUSINESS IN
20 WHICH THE PERSON OR A MEMBER OF THE PERSON'S IMMEDIATE FAMILY IS
21 A DIRECTOR, OFFICER, OWNER, EMPLOYEE OR HOLDER OF STOCK.
22 "COUNTY." A COUNTY WITHIN THE PHILADELPHIA METROPOLITAN
23 STATISTICAL AREA AS DEFINED IN THIS CHAPTER.
24 "IMMEDIATE FAMILY." A PARENT, SPOUSE, CHILD, BROTHER, SISTER
25 OR LIKE RELATIVE-IN-LAW.
26 "INFAMOUS CRIME." ANY VIOLATION AND CONVICTION FOR AN
27 OFFENSE WHICH WOULD DISQUALIFY AN INDIVIDUAL FROM HOLDING PUBLIC
28 OFFICE PURSUANT TO SECTION 6 OF ARTICLE II OF THE CONSTITUTION
29 OF PENNSYLVANIA, OR ANY CONVICTION FOR A VIOLATION OF THIS
30 SECTION, 18 PA.C.S. § 4113 (RELATING TO MISAPPLICATION OF
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1 ENTRUSTED PROPERTY AND PROPERTY OF GOVERNMENT OR FINANCIAL
2 INSTITUTIONS) OR 18 PA.C.S. CH. 47 (RELATING TO BRIBERY AND
3 CORRUPT INFLUENCE), 49 (RELATING TO FALSIFICATION AND
4 INTIMIDATION), 51 (RELATING TO OBSTRUCTING GOVERNMENTAL
5 OPERATIONS) OR 53 (RELATING TO ABUSE OF OFFICE), OR ANY OTHER
6 VIOLATION OF THE LAWS OF THIS COMMONWEALTH FOR WHICH AN
7 INDIVIDUAL HAS BEEN CONVICTED WITHIN THE PRECEDING TEN YEARS AND
8 WHICH IS CLASSIFIED AS A FELONY, OR A SIMILAR VIOLATION OF THE
9 LAW OF ANY OTHER STATE OR THE FEDERAL GOVERNMENT.
10 "MANAGEMENT-LEVEL AUTHORITY EMPLOYEE." THE COUNSEL EMPLOYED
11 BY THE AUTHORITY, THE EXECUTIVE DIRECTOR OF THE AUTHORITY AND
12 ANY AUTHORITY EMPLOYEE WITH DISCRETIONARY POWERS WHICH MAY
13 AFFECT THE OUTCOME OF THE AUTHORITY'S DECISION IN RELATION TO A
14 PRIVATE CORPORATION OR BUSINESS OR ANY EMPLOYEE WHO BY VIRTUE OF
15 HIS JOB FUNCTION COULD INFLUENCE THE OUTCOME OF SUCH A DECISION.
16 "PARTY OFFICER." THE FOLLOWING MEMBERS OR OFFICERS OF ANY
17 POLITICAL PARTY:
18 (1) A MEMBER OF A NATIONAL COMMITTEE;
19 (2) A CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER OR
20 COUNSEL OF A STATE COMMITTEE OR MEMBER OF THE EXECUTIVE
21 COMMITTEE OF A STATE COMMITTEE;
22 (3) A COUNTY CHAIRMAN, VICE CHAIRMAN, COUNSEL, SECRETARY
23 OR TREASURER OF A COUNTY COMMITTEE; OR
24 (4) A CITY CHAIRMAN, VICE CHAIRMAN, COUNSEL, SECRETARY
25 OR TREASURER OF A CITY COMMITTEE.
26 "PERSON." A BUSINESS, INDIVIDUAL, CORPORATION, UNION,
27 ASSOCIATION, FIRM, PARTNERSHIP, COMMITTEE, CLUB OR OTHER
28 ORGANIZATION OR GROUP OF PERSONS.
29 "PUBLIC EMPLOYEE." ANY INDIVIDUAL EMPLOYED BY THE
30 COMMONWEALTH OR A POLITICAL SUBDIVISION WHO IS RESPONSIBLE FOR
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1 TAKING OR RECOMMENDING OFFICIAL ACTION OF A NONMINISTERIAL
2 NATURE WITH REGARD TO:
3 (1) CONTRACTING OR PROCUREMENT;
4 (2) ADMINISTERING OR MONITORING GRANTS OR SUBSIDIES;
5 (3) PLANNING OR ZONING;
6 (4) INSPECTING, LICENSING, REGULATING OR AUDITING ANY
7 PERSON; OR
8 (5) ANY OTHER ACTIVITY WHERE THE OFFICIAL ACTION HAS AN
9 ECONOMIC IMPACT OF GREATER THAN A DE MINIMIS NATURE ON THE
10 INTEREST OF ANY PERSON. A PUBLIC EMPLOYEE SHALL NOT INCLUDE
11 INDIVIDUALS WHO ARE EMPLOYED BY THE STATE OR ANY POLITICAL
12 SUBDIVISION IN TEACHING AS DISTINGUISHED FROM ADMINISTRATIVE
13 DUTIES.
14 "PUBLIC OFFICER." EVERY PERSON ELECTED TO ANY PUBLIC OFFICE
15 OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION.
16 "PUBLIC OFFICIAL." ANY ELECTED OR APPOINTED OFFICIAL IN THE
17 EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OF THE STATE OR ANY
18 POLITICAL SUBDIVISION. THE TERM DOES NOT INCLUDE MEMBERS OF
19 ADVISORY BOARDS WHO HAVE NO AUTHORITY TO EXPEND PUBLIC FUNDS
20 OTHER THAN REIMBURSEMENT FOR PERSONAL EXPENSE OR TO OTHERWISE
21 EXERCISE THE POWER OF THE STATE OR ANY POLITICAL SUBDIVISION.
22 THE TERM DOES NOT INCLUDE ANY APPOINTED OFFICIAL WHO RECEIVES NO
23 COMPENSATION OTHER THAN REIMBURSEMENT FOR ACTUAL EXPENSES.
24 § 5917. ACQUISITION OF LANDS.
25 (A) POWER.--IF THE AUTHORITY DEEMS IT NECESSARY FOR A
26 PURPOSE UNDER THIS CHAPTER, THE AUTHORITY HAS THE POWER TO
27 ACQUIRE ANY OF THE FOLLOWING WITH RESPECT TO LAND WITHIN THE
28 CITY BY PURCHASE OR EMINENT DOMAIN PROCEEDINGS:
29 (1) A FEE.
30 (2) ANY RIGHT, TITLE, INTEREST OR EASEMENT.
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1 (B) PROCEDURE.--THE RIGHT OF EMINENT DOMAIN SHALL BE
2 EXERCISED BY THE AUTHORITY IN THE MANNER PROVIDED BY THE ACT OF
3 JUNE 22, 1964 (SP.SESS., P.L.84, NO.6), KNOWN AS THE EMINENT
4 DOMAIN CODE.
5 § 5918. USE AND OPERATION OF CONVENTION CENTER.
6 THE USE AND OPERATION OF THE CONVENTION CENTER, AND ANY PARTS
7 OF A CONVENTION CENTER, AND THE OPERATION OF THE BUSINESS OF THE
8 AUTHORITY SHALL BE SUBJECT TO THE RULES AND REGULATIONS ADOPTED
9 BY THE AUTHORITY. THE AUTHORITY SHALL NOT BE AUTHORIZED TO DO
10 ANYTHING WHICH WILL IMPAIR THE SECURITY OF THE OBLIGEES OF THE
11 AUTHORITY OR VIOLATE ANY AGREEMENTS WITH THEM OR FOR THEIR
12 BENEFIT OR VIOLATE ANY CONTRACTS, LEASES OR OTHER AGREEMENTS
13 AWARDED, MADE OR ENTERED INTO BY THE AUTHORITY.
14 § 5919. LIMITATION OF POWERS.
15 (A) COMMONWEALTH PLEDGE.--THE COMMONWEALTH PLEDGES TO AND
16 AGREES WITH ANY PERSON, THE CITY, POLITICAL SUBDIVISION OR
17 FEDERAL AGENCY, SUBSCRIBING TO OR ACQUIRING THE BONDS TO BE
18 ISSUED BY THE AUTHORITY FOR THE CONSTRUCTION OR IMPROVEMENT OF A
19 CONVENTION CENTER, OR PARTS OF A CONVENTION CENTER, THAT THE
20 COMMONWEALTH WILL NOT LIMIT OR ALTER THE RIGHTS VESTED IN THE
21 AUTHORITY IN ANY MANNER INCONSISTENT WITH THE OBLIGATIONS TO THE
22 BONDHOLDERS UNTIL ALL BONDS, TOGETHER WITH THE INTEREST ON THE
23 BONDS, ARE FULLY PAID AND DISCHARGED. THE COMMONWEALTH FURTHER
24 PLEDGES TO AND AGREES WITH ANY FEDERAL AGENCY THAT, IN THE EVENT
25 ANY FEDERAL AGENCY SHALL CONSTRUCT OR CONTRIBUTE ANY FUNDS FOR
26 THE CONSTRUCTION OR IMPROVEMENT OF A CONVENTION CENTER, OR PARTS
27 OF A CONVENTION CENTER, THE COMMONWEALTH WILL NOT ALTER OR LIMIT
28 THE RIGHTS AND POWERS OF THE AUTHORITY IN ANY MANNER WHICH WOULD
29 BE INCONSISTENT WITH THE DUE PERFORMANCE OF ANY AGREEMENTS
30 BETWEEN THE AUTHORITY AND THE FEDERAL AGENCY.
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1 (B) ADDITIONAL COMMONWEALTH PLEDGE.--THE COMMONWEALTH
2 PLEDGES TO AND AGREES WITH ANY PERSON THAT, AS OWNER OF A
3 CONVENTION CENTER, LEASES OR SUBLEASES A CONVENTION CENTER, OR
4 PARTS OF A CONVENTION CENTER, TO OR FROM AN AUTHORITY CREATED
5 PURSUANT TO THIS CHAPTER, THAT THE COMMONWEALTH WILL NOT LIMIT
6 OR ALTER THE RIGHTS AND POWERS VESTED BY THIS CHAPTER IN THE
7 AUTHORITY OR OTHERWISE CREATED BY THIS CHAPTER IN ANY MANNER
8 WHICH IMPAIRS THE OBLIGATIONS OF THE AUTHORITY UNTIL ALL
9 OBLIGATIONS OF THE AUTHORITY UNDER THE LEASE OR SUBLEASE ARE
10 FULLY MET AND DISCHARGED.
11 § 5920. EXEMPTION FROM TAXATION.
12 THE EFFECTUATION OF THE AUTHORIZED PURPOSES OF AUTHORITIES
13 CREATED UNDER THIS CHAPTER SHALL BE IN ALL RESPECTS FOR THE
14 BENEFIT OF THE PEOPLE OF THIS COMMONWEALTH, FOR THE INCREASE OF
15 THEIR COMMERCE AND PROSPERITY AND FOR THE IMPROVEMENT OF THEIR
16 HEALTH AND LIVING CONDITIONS. SINCE AUTHORITIES WILL, AS PUBLIC
17 INSTRUMENTALITIES OF THE COMMONWEALTH, BE PERFORMING ESSENTIAL
18 GOVERNMENTAL FUNCTIONS, IN EFFECTUATING SUCH PURPOSES,
19 AUTHORITIES SHALL NOT BE REQUIRED TO PAY ANY TAXES OR
20 ASSESSMENTS UPON A CONVENTION CENTER OR PART OF A CONVENTION
21 CENTER OR UPON PROPERTY ACQUIRED OR USED OR PERMITTED TO BE USED
22 BY AUTHORITIES FOR SUCH PURPOSES. BONDS ISSUED BY AN AUTHORITY
23 AND THE TRANSFER OF AND INCOME FROM BONDS, INCLUDING PROFIT MADE
24 ON THE SALE OF BONDS, SHALL BE FREE FROM STATE AND LOCAL
25 TAXATION WITHIN THIS COMMONWEALTH. THIS EXEMPTION SHALL NOT
26 EXTEND TO GIFT, ESTATE, SUCCESSION OR INHERITANCE TAXES OR ANY
27 OTHER TAXES NOT LEVIED DIRECTLY ON THE BONDS, THE TRANSFER OF
28 BONDS, THE INCOME FROM BONDS OR THE REALIZATION OF PROFITS ON
29 THE SALE OF BONDS.
30 § 5921. LEASE BY AUTHORITIES.
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1 A CONVENTION CENTER, OR PART OF A CONVENTION CENTER,
2 ESTABLISHED UNDER THIS CHAPTER MAY BE LEASED OR SUBLEASED BY THE
3 AUTHORITY TO AND FROM THE CITY. THE CITY IS EMPOWERED TO ENTER
4 INTO LEASES, SUBLEASES OR BOTH. A LEASE OR SUBLEASE MAY BE MADE
5 FOR A SPECIFIED OR UNLIMITED TIME AND ON ANY TERMS AND
6 CONDITIONS APPROVED BY THE CITY AND AGREED TO BY THE AUTHORITY
7 IN CONFORMITY WITH ITS CONTRACTS WITH THE HOLDERS OF ANY BONDS.
8 § 5922. COOPERATION.
9 (A) STATE PUBLIC BODIES AND POLITICAL SUBDIVISIONS MAY
10 COOPERATE.--FOR THE PURPOSE OF AIDING AND COOPERATING WITH THE
11 AUTHORITY AND IN THE PLANNING, ACQUISITION, CLEARANCE,
12 RELOCATION, DEVELOPMENT, DESIGN, CONSTRUCTION, REHABILITATION,
13 LEASING, SUBLEASING, ALTERATION, EXPANSION, FINANCING,
14 IMPROVEMENT, MANAGEMENT OR OPERATION OF A CONVENTION CENTER, OR
15 PARTS OF A CONVENTION CENTER, ANY STATE PUBLIC BODY, POLITICAL
16 SUBDIVISION OR THE CITY MAY, UPON TERMS, WITH OR WITHOUT
17 CONSIDERATION, AS IT DETERMINES, DO ANY OF THE FOLLOWING:
18 (1) DEDICATE, SELL, CONVEY, LEASE OR OTHERWISE TRANSFER
19 ANY OF ITS PROPERTY OR ANY INTEREST IN ITS PROPERTY, REAL,
20 PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, TO THE AUTHORITY.
21 (2) CAUSE PARKING, RECREATIONAL OR COMMUNITY FACILITIES
22 OR ANY OTHER WORKS, WHICH IT IS OTHERWISE EMPOWERED TO
23 UNDERTAKE, TO BE FURNISHED IN OR ADJACENT TO ANY AREA
24 SELECTED FOR A CONVENTION CENTER, OR PARTS OF A CONVENTION
25 CENTER.
26 (3) FURNISH, DEDICATE, CLOSE, PAVE, INSTALL, GRADE,
27 REGRADE, PLAN OR REPLAN STREETS, ROADS, ROADWAYS, ALLEYS,
28 SIDEWALKS OR OTHER PLACES WHICH IT IS OTHERWISE EMPOWERED SO
29 TO DO.
30 (4) ENTER INTO AGREEMENTS, EXTENDING OVER ANY PERIOD,
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1 WITH THE AUTHORITY OR WITH THE FEDERAL GOVERNMENT RESPECTING
2 ACTION TO BE TAKEN BY ANY STATE PUBLIC BODY PURSUANT TO ANY
3 OF THE POWERS GRANTED BY THIS SECTION.
4 (5) DO ALL THINGS NECESSARY OR CONVENIENT TO AID AND
5 COOPERATE IN THE DEVELOPMENT, ACQUISITION, DESIGN,
6 CONSTRUCTION, IMPROVEMENT, MAINTENANCE, MANAGEMENT,
7 OPERATION, FURNISHING, FIXTURING, EQUIPPING, REPAIRING,
8 FINANCING, OWNING, LEASING AND SUBLEASING OF A CONVENTION
9 CENTER, OR PARTS OF CONVENTION CENTER.
10 (6) IN CONNECTION WITH ANY PUBLIC IMPROVEMENTS MADE BY
11 ANY STATE PUBLIC BODY, POLITICAL SUBDIVISION OR THE CITY, IN
12 EXERCISING THE POWERS GRANTED IN THIS SUBSECTION, TO INCUR
13 THE ENTIRE EXPENSE OF THE IMPROVEMENT.
14 (A.1) DOCUMENTS.--THE SECRETARY OF GENERAL SERVICES IS
15 AUTHORIZED, WITH THE APPROVAL OF THE GOVERNOR AND ATTORNEY
16 GENERAL, TO EXECUTE AND DELIVER ON BEHALF OF THE COMMONWEALTH
17 CONVEYANCES, DEEDS AND LEASES AUTHORIZED UNDER THIS CHAPTER.
18 (B) CITY MAY CONTRACT WITH AUTHORITY.--IN CONNECTION WITH A
19 CONVENTION CENTER, OR PARTS OF A CONVENTION CENTER, THE CITY MAY
20 CONTRACT WITH THE AUTHORITY OR THE FEDERAL GOVERNMENT WITH
21 RESPECT TO ANY SUMS WHICH THE AUTHORITY OR THE FEDERAL
22 GOVERNMENT MAY AGREE TO PAY DURING ANY YEAR OR PERIOD OF YEARS
23 TO THE CITY FOR THE IMPROVEMENTS, SERVICES AND FACILITIES TO BE
24 PROVIDED BY IT FOR THE BENEFIT OF THE AUTHORITY, CONVENTION
25 CENTER, OR PARTS OF A CONVENTION CENTER, OR THE PERSONS
26 OCCUPYING SUCH AREA. THE ABSENCE OF A CONTRACT FOR SUCH PAYMENTS
27 SHALL NOT RELIEVE THE CITY FROM THE DUTY TO FURNISH FOR THE
28 BENEFIT OF THE AUTHORITY, CONVENTION CENTER, OR PARTS OF A
29 CONVENTION CENTER, OR THE PERSONS OCCUPYING THE AREA, CUSTOMARY
30 IMPROVEMENTS AND SERVICES AND FACILITIES AS THE CITY USUALLY
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1 FURNISHES WITHOUT A SERVICE FEE.
2 (C) STATE AND CITY MAY DESIGNATE AUTHORITY AS ITS AGENT.--
3 THE STATE OR THE CITY MAY, BY WRITTEN AGREEMENT, DESIGNATE THE
4 AUTHORITY AS ITS AGENT WITHIN THE AUTHORITY'S FIELD OF OPERATION
5 TO PERFORM ANY SPECIFIED ACTIVITY OR TO ADMINISTER ANY SPECIFIED
6 PROGRAM WHICH THE STATE OR THE CITY IS AUTHORIZED BY LAW TO DO.
7 ANY SUCH ACTIVITIES OR PROGRAMS MUST BE IN FURTHERANCE OF THE
8 PUBLIC PURPOSES SPECIFIED IN THIS CHAPTER. SUCH ACTIVITIES
9 INCLUDE DEVELOPMENT, ACQUISITION, DESIGN, CONSTRUCTION,
10 IMPROVEMENT, MAINTENANCE, LEASING, MANAGEMENT OR OPERATION OF A
11 CONVENTION CENTER, OR PARTS OF A CONVENTION CENTER.
12 (D) POWERS IN ADDITION TO OTHER POWERS.--THE POWERS
13 CONFERRED BY THIS SECTION SHALL BE IN ADDITION AND SUPPLEMENTAL
14 TO THE POWERS CONFERRED BY ANY OTHER LAW.
15 § 5923. HOTEL ROOM RENTAL TAX.
16 (A) IMPOSITION OF TAX.--THE COUNCIL OF THE CITY IN WHICH THE
17 CONVENTION CENTER IS LOCATED IS AUTHORIZED TO IMPOSE AN EXCISE
18 TAX ON THE CONSIDERATION RECEIVED BY EACH OPERATOR OF A HOTEL
19 WITHIN THE CITY FROM EACH TRANSACTION OF RENTING A ROOM OR ROOMS
20 TO ACCOMMODATE TRANSIENTS. THE TAX SHALL BE COLLECTED BY THE
21 OPERATOR FROM THE PATRON OF THE ROOM AND PAID OVER TO THE CITY
22 PURSUANT TO SUBSECTION (E) AND SHALL BE KNOWN AS THE HOTEL ROOM
23 RENTAL TAX.
24 (B) RATE OF TAX.--
25 (1) THE RATE OF TAX IMPOSED UNDER THIS SECTION BY THE
26 COUNCIL OF THE CITY IN WHICH THE CONVENTION CENTER IS LOCATED
27 SHALL NOT EXCEED SIX PERCENT.
28 (2) THE TOTAL RATE OF TAX IMPOSED PURSUANT TO THIS
29 SECTION AND SECTION 202 OF THE ACT OF MARCH 4, 1971 (P.L.6,
30 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, SHALL NOT EXCEED
20010S1100B2436 - 114 -
1 12%. IN THE EVENT THE RATE OF TAX IMPOSED PURSUANT TO SECTION
2 202 OF THE TAX REFORM CODE OF 1971 EXCEEDS 6% AND THE RATE OF
3 TAX IMPOSED PURSUANT TO THIS SECTION HAS REACHED 6%, THE RATE
4 OF TAX IMPOSED PURSUANT TO THIS SECTION SHALL BE REDUCED IN
5 ORDER THAT THE AGGREGATE TAX RATE NOT EXCEED 12%.
6 (C) DISTRIBUTION OF TAX REVENUE.--THERE SHALL BE ANNUALLY
7 DEPOSITED IN THE SPECIAL FUND, ESTABLISHED PURSUANT TO
8 SUBSECTION (D), FOR THE USE OF TOURIST PROMOTION AGENCIES FOR
9 TOURIST PROMOTION AGENCY ACTIVITIES:
10 (1) THIRTY-THREE AND ONE-THIRD PERCENT OF ALL REVENUE
11 RECEIVED PURSUANT TO THIS SECTION FOR THE FISCAL YEAR OF THE
12 CITY COMMENCING ON OR AFTER JULY 1, 1999, AND EACH FISCAL
13 YEAR THEREAFTER ENDING PRIOR TO JULY 1, 2010.
14 (2) TWENTY-NINE AND ONE HUNDRED AND SIXTY-SIX ONE
15 THOUSANDTHS PERCENT OF ALL REVENUE RECEIVED PURSUANT TO THIS
16 SECTION FOR THE FISCAL YEAR OF THE CITY COMMENCING ON OR
17 AFTER JULY 1, 2010, AND EACH FISCAL YEAR THEREAFTER ENDING
18 PRIOR TO JULY 1, 2015.
19 (3) TWENTY-FIVE PERCENT OF ALL REVENUE RECEIVED PURSUANT
20 TO THIS SECTION FOR THE FISCAL YEAR OF THE CITY COMMENCING
21 JULY 1, 2015, AND THEREAFTER. THE BALANCE OF REVENUE TO BE
22 RECEIVED FROM TAXES IMPOSED PURSUANT TO THIS SECTION SHALL BE
23 DEPOSITED ANNUALLY IN THE SPECIAL FUND, ESTABLISHED PURSUANT
24 TO SUBSECTION (D) FOR THE USE OF THE AUTHORITY FOR CONVENTION
25 CENTER PURPOSES.
26 (D) DEPOSIT.--THE TAX COLLECTOR OF EACH CITY ELECTING TO
27 IMPOSE THE TAX AUTHORIZED UNDER THIS SECTION IS DIRECTED TO
28 COLLECT THE TAX AND TO DEPOSIT THE REVENUE RECEIVED FROM THE TAX
29 IN SPECIAL FUNDS ESTABLISHED FOR PURPOSES SET FORTH IN THIS
30 SECTION. INTEREST ON MONEY DEPOSITED IN THE FUNDS SHALL ACCRUE
20010S1100B2436 - 115 -
1 PROPORTIONATELY TO THE RESPECTIVE FUNDS AS PROVIDED IN THIS
2 SECTION. THE TAX COLLECTOR IS AUTHORIZED TO ESTABLISH RULES AND
3 REGULATIONS CONCERNING THE COLLECTION OF THE TAX.
4 (E) EXPENDITURES.--EXPENDITURES FROM THE FUNDS ESTABLISHED
5 PURSUANT TO SUBSECTION (D) FOR THE TOURIST PROMOTION AGENCY
6 SHALL BE USED BY THE DESIGNATED TOURIST PROMOTION AGENCY FOR:
7 (1) ADVERTISING AND PUBLICIZING TOURIST ATTRACTIONS IN
8 THE AREA SERVED BY THE AGENCY;
9 (2) PROMOTING AND ATTRACTING CONVENTIONS, EXHIBITIONS
10 AND OTHER FUNCTIONS TO UTILIZE FACILITIES IN THE AREA SERVED
11 BY THE AGENCY;
12 (3) PROMOTING AND OTHERWISE ENCOURAGING THE USE OF THE
13 FACILITIES IN THE AREA SERVED BY THE AGENCY BY THE PUBLIC AS
14 A WHOLE; AND
15 (4) COSTS ASSOCIATED WITH THE DEVELOPMENT AND OPERATION
16 OF THE CONVENTION CENTER.
17 (F) EXPENDITURES FOR CONVENTION CENTER PURPOSES.--
18 EXPENDITURES FROM THE FUND ESTABLISHED PURSUANT TO SUBSECTION
19 (D) FOR THE AUTHORITY SHALL BE USED BY THE AUTHORITY FOR THE
20 FOLLOWING USES:
21 (1) PROJECTED ANNUAL DEBT SERVICE OR LEASE PAYMENTS OF
22 THE CONVENTION CENTER AUTHORITY.
23 (2) COSTS ASSOCIATED WITH FINANCING, CONSTRUCTING,
24 IMPROVING, MAINTAINING, FURNISHING, FIXTURING AND EQUIPPING
25 THE CONVENTION CENTER.
26 (3) COSTS ASSOCIATED WITH THE DEVELOPMENT OF THE
27 CONVENTION CENTER, INCLUDING DESIGN, ENGINEERING AND
28 FEASIBILITY COSTS.
29 (4) COSTS ASSOCIATED WITH THE OPERATION AND MANAGEMENT
30 OF THE CONVENTION CENTER.
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1 (5) COSTS ASSOCIATED WITH PROMOTING, MARKETING AND
2 OTHERWISE ENCOURAGING USE OF THE CONVENTION CENTER.
3 (6) GENERAL PURPOSES OF THE CONVENTION CENTER.
4 (G) PLEDGE TO BONDHOLDERS.--IF AND TO THE EXTENT THAT THE
5 AUTHORITY PLEDGES ITS SHARE OF THE PROCEEDS OF THE TAX
6 AUTHORIZED BY THIS SECTION AS SECURITY FOR THE PAYMENT OF BONDS
7 ISSUED BY THE AUTHORITY FOR CONVENTION CENTER PURPOSES, THE
8 COMMONWEALTH PLEDGES TO AND AGREES WITH ANY PERSON, FIRM OR
9 CORPORATION SUBSCRIBING TO OR ACQUIRING BONDS TO BE ISSUED BY
10 THE AUTHORITY FOR CONVENTION CENTER PURPOSES THAT THE
11 COMMONWEALTH ITSELF WILL NOT, EXCEPT TO THE EXTENT PROVIDED IN
12 SUBSECTION (B), NOR WILL IT AUTHORIZE ANY CITY TO, REDUCE THE
13 RATE OF TAX IMPOSED FOR CONVENTION CENTER PURPOSES UNTIL ALL
14 BONDS SECURED BY THE PLEDGE OF THE AUTHORITY, TOGETHER WITH THE
15 INTEREST ON THE BONDS, ARE FULLY MET AND DISCHARGED.
16 (H) TAX YEAR.--EACH TAX YEAR FOR ANY TAX IMPOSED HEREUNDER
17 SHALL RUN CONCURRENTLY WITH THE CITY'S FISCAL YEAR.
18 (I) DEFINITIONS.--IN ADDITION TO THE DEFINITIONS PROVIDED BY
19 SECTION 5903 (RELATING TO DEFINITIONS), THE FOLLOWING WORDS AND
20 PHRASES WHEN USED IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN
21 TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES
22 OTHERWISE:
23 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES,
24 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE, OR OTHER PAYMENT,
25 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE
26 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL
27 FOR ANY TEMPORARY PERIOD.
28 "HOTEL." AS FOLLOWS:
29 (1) ANY HOTEL, MOTEL, INN, GUESTHOUSE OR OTHER BUILDING,
30 LOCATED WITHIN THE CITY WHICH HOLDS ITSELF OUT BY ANY MEANS,
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1 INCLUDING ADVERTISING, LICENSE, REGISTRATION WITH ANY
2 INNKEEPER'S GROUP, CONVENTION LISTING ASSOCIATION, TRAVEL
3 PUBLICATION OR SIMILAR ASSOCIATION OR WITH ANY GOVERNMENT
4 AGENCY, AS BEING AVAILABLE TO PROVIDE OVERNIGHT LODGING OR
5 USE OF FACILITY SPACE FOR CONSIDERATION TO INDIVIDUALS
6 SEEKING TEMPORARY ACCOMMODATION.
7 (2) ANY PLACE WHICH ADVERTISES TO THE PUBLIC AT LARGE OR
8 ANY SEGMENT OF THE PUBLIC THAT IT WILL PROVIDE BEDS, SANITARY
9 FACILITIES OR OTHER SPACE FOR A TEMPORARY PERIOD TO MEMBERS
10 OF THE PUBLIC AT LARGE.
11 (3) ANY PLACE RECOGNIZED AS A HOSTELRY.
12 THE TERM DOES NOT INCLUDE A PORTION OF A FACILITY WHICH IS
13 DEVOTED TO INDIVIDUALS WHO HAVE ESTABLISHED PERMANENT RESIDENCE.
14 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE
15 OR POSSESSION BY ANY PERSON OTHER THAN A PERMANENT RESIDENT OF
16 ANY ROOM IN A HOTEL FOR ANY PURPOSE OR THE RIGHT TO THE USE OR
17 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING
18 THE USE AND POSSESSION OF THE ROOM.

Historical Act text part 3

19 "OPERATOR." ANY INDIVIDUAL, PARTNERSHIP, NONPROFIT OR
20 PROFIT-MAKING ASSOCIATION OR CORPORATION OR OTHER PERSON OR
21 GROUP OF PERSONS THAT MAINTAINS, OPERATES, MANAGES, OWNS, HAS
22 CUSTODY OF OR OTHERWISE POSSESSES THE RIGHT TO RENT OR LEASE
23 OVERNIGHT ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR
24 CONSIDERATION.
25 "PATRON." A PERSON THAT PAYS THE CONSIDERATION FOR THE
26 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL.
27 "PERMANENT RESIDENT." ANY PERSON WHO HAS OCCUPIED OR HAS THE
28 RIGHT TO OCCUPY ANY ROOM OR ROOMS IN A HOTEL AS A PATRON OR
29 OTHERWISE FOR A PERIOD EXCEEDING 30 CONSECUTIVE DAYS.
30 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY
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1 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE
2 BED OR OTHER SLEEPING ACCOMMODATIONS PROVIDED IN THE SPACE.
3 "TEMPORARY." A PERIOD OF TIME NOT EXCEEDING 30 CONSECUTIVE
4 DAYS.
5 "TOURIST PROMOTION AGENCY." THE AGENCY DESIGNATED BY THE
6 COUNCIL OF THE CITY IN WHICH THE CONVENTION CENTER IS LOCATED TO
7 BE ELIGIBLE FOR GRANTS FROM THE DEPARTMENT OF COMMUNITY AND
8 ECONOMIC DEVELOPMENT PURSUANT TO THE ACT OF APRIL 28, 1961
9 (P.L.111, NO.50), KNOWN AS THE TOURIST PROMOTION LAW.
10 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A
11 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM
12 WHICH CONSIDERATION EMANATES TO THE OPERATOR UNDER AN EXPRESS OR
13 AN IMPLIED CONTRACT.
14 "TRANSIENT." AN INDIVIDUAL WHO OBTAINS AN ACCOMMODATION IN A
15 HOTEL FOR THE INDIVIDUAL BY MEANS OF REGISTERING AT THE FACILITY
16 FOR THE TEMPORARY OCCUPANCY OF ANY ROOM FOR THE PERSONAL USE OF
17 THAT INDIVIDUAL BY PAYING TO THE OPERATOR OF THE FACILITY A FEE
18 IN CONSIDERATION FOR THE USE.
19 SECTION 8. REPEALS ARE AS FOLLOWS:
20 (1) THE ACT OF DECEMBER 20, 1967 (P.L.869, NO.385),
21 KNOWN AS THE PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967, IS
22 REPEALED INSOFAR AS IT IS INCONSISTENT WITH THE ADDITION OF
23 53 PA.C.S. CH. 58.
24 (2) THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED
25 ABSOLUTELY:
26 (I) THE ACT OF JUNE 27, 1986 (P.L.267, NO.70), KNOWN
27 AS THE PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT.
28 (II) SECTION 209(K) OF THE ACT OF JUNE 5, 1991
29 (P.L.9, NO.6), KNOWN AS THE PENNSYLVANIA
30 INTERGOVERNMENTAL COOPERATION AUTHORITY ACT FOR CITIES OF
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1 THE FIRST CLASS.
2 (III) 66 PA.C.S. § 510(B)(5).
3 (IV) 66 PA.C.S. § 1103(C).
4 (V) 66 PA.C.S. CH. 24.
5 SECTION 9. THE ADDITION OF 53 PA.C.S. CH. 59 IS A
6 CONTINUATION OF THE ACT OF JUNE 27, 1986 (P.L.267, NO.70), KNOWN
7 AS THE PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT. THE
8 FOLLOWING APPLY:
9 (1) EXCEPT AS OTHERWISE PROVIDED IN 53 PA.C.S. CH. 59,
10 ALL ACTIVITIES INITIATED UNDER THE PENNSYLVANIA CONVENTION
11 CENTER AUTHORITY ACT SHALL CONTINUE AND REMAIN IN FULL FORCE
12 AND EFFECT AND MAY BE COMPLETED UNDER 53 PA.C.S. CH. 59.
13 ORDERS, REGULATIONS, RULES AND DECISIONS WHICH WERE MADE
14 UNDER THE PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT AND
15 WHICH ARE IN EFFECT ON THE EFFECTIVE DATE OF SECTION 8(2)(I)
16 OF THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL
17 REVOKED, VACATED OR MODIFIED UNDER 53 PA.C.S. CH. 59.
18 CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS
19 ENTERED INTO UNDER THE PENNSYLVANIA CONVENTION CENTER
20 AUTHORITY ACT ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF
21 THE PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT.
22 (2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE
23 IN LANGUAGE BETWEEN 53 PA.C.S. CH. 59 AND THE PENNSYLVANIA
24 CONVENTION CENTER AUTHORITY ACT IS INTENDED ONLY TO CONFORM
25 TO THE STYLE OF THE PENNSYLVANIA CONSOLIDATED STATUTES AND IS
26 NOT INTENDED TO CHANGE OR AFFECT THE LEGISLATIVE INTENT,
27 JUDICIAL CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF
28 THE PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT.
29 (3) PARAGRAPH (2) DOES NOT APPLY TO ANY OF THE FOLLOWING
30 PROVISIONS OF 53 PA.C.S.:
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1 (I) THE ADDITION OF:
2 (A) THE DEFINITION OF "EXPANSION OR SUBSTANTIAL
3 RENOVATION" IN § 5903.
4 (B) § 5905(23.1).
5 (C) § 5906.1.
6 (D) § 5911.1.
7 (II) THE AMENDMENT OF:
8 (A) § 5906(D) AND (E).
9 (B) § 5907(A)(3)(II).
10 (C) § 5911.
11 (D) § 5913(E).
12 (E) § 5915(A) AND (C).
13 (F) § 5916(A)(1) AND (2), (C)(2), (3), (4), (6),
14 (7), (8), (9) AND (10), (D)(1) AND THE DEFINITION OF
15 "MANAGEMENT-LEVEL AUTHORITY EMPLOYEE" IN SUBSECTION
16 (E).
17 (G) § 5923(B)(1) AND (C).
18 SECTION 10. EXISTING AND NEW MEMBERS OF THE GOVERNING BOARD
19 SHALL CONTINUE TO SERVE AND BE APPOINTED AS FOLLOWS:
20 (1) THE TWO MEMBERS APPOINTED BY THE BOARDS OF COUNTY
21 COMMISSIONERS OR COUNTY COUNCILS PURSUANT TO SECTION 11(A)(1)
22 OF THE ACT OF JUNE 27, 1986 (P.L.267, NO.70), KNOWN AS THE
23 PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT, OR MEMBERS
24 APPOINTED BY THE BOARDS OF COUNTY COMMISSIONERS OR COUNTY
25 COUNCILS AS REPLACEMENTS PURSUANT TO SECTION 11(B) OF THE
26 PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT, SHALL CONTINUE
27 TO SERVE AS BOARD MEMBERS UNTIL THEIR TERMS ARE COMPLETE.
28 UPON THE EFFECTIVE DATE OF 53 PA.C.S. § 5911(A)(1), THE
29 BOARDS OF COUNTY COMMISSIONERS OR COUNTY COUNCILS SHALL
30 APPOINT TWO MEMBERS PURSUANT TO 53 PA.C.S. § 5911(A)(1).
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1 (2) THE TWO MEMBERS APPOINTED BY THE GOVERNOR PURSUANT
2 TO SECTION 11(A)(2) OF THE PENNSYLVANIA CONVENTION CENTER
3 AUTHORITY ACT, OR MEMBERS APPOINTED BY THE GOVERNOR AS
4 REPLACEMENTS PURSUANT TO SECTION 11(B) OF THE PENNSYLVANIA
5 CONVENTION CENTER AUTHORITY ACT, SHALL CONTINUE TO SERVE AS
6 BOARD MEMBERS UNTIL THEIR TERMS ARE COMPLETE. UPON THE
7 EFFECTIVE DATE OF 53 PA.C.S. § 5911(A)(2), THE PRESIDENT PRO
8 TEMPORE OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE
9 SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MINORITY
10 LEADER OF THE HOUSE OF REPRESENTATIVES SHALL EACH APPOINT ONE
11 MEMBER PURSUANT TO 53 PA.C.S. § 5911(A)(2).
12 (3) THE TWO MEMBERS APPOINTED BY THE CHIEF EXECUTIVE
13 OFFICER OF THE CITY IN WHICH THE CONVENTION CENTER IS LOCATED
14 PURSUANT TO SECTION 11(A)(3) OF THE PENNSYLVANIA CONVENTION
15 CENTER AUTHORITY ACT, OR MEMBERS APPOINTED BY THE CHIEF
16 EXECUTIVE OFFICER OF THE CITY IN WHICH THE CONVENTION CENTER
17 IS LOCATED AS REPLACEMENTS PURSUANT TO SECTION 11(B) OF THE
18 PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT, SHALL CONTINUE
19 TO SERVE AS BOARD MEMBERS UNTIL THEIR TERMS ARE COMPLETE. THE
20 CHIEF EXECUTIVE OFFICER OF THE CITY IN WHICH THE CONVENTION
21 CENTER IS LOCATED SHALL APPOINT ONE MEMBER PURSUANT TO 53
22 PA.C.S. § 5911(A)(3) AND ONE MEMBER PURSUANT TO § 5911(A)(4)
23 UPON THE COMPLETION OF THE TERMS OF THE MEMBERS APPOINTED
24 PURSUANT TO SECTION 11(A)(3) OF THE PENNSYLVANIA CONVENTION
25 CENTER AUTHORITY ACT OR REPLACEMENTS APPOINTED PURSUANT TO
26 SECTION 11(B) OF THE PENNSYLVANIA CONVENTION CENTER AUTHORITY
27 ACT.
28 (4) THE TWO MEMBERS APPOINTED BY THE COUNCIL OF THE CITY
29 IN WHICH THE CONVENTION CENTER IS LOCATED PURSUANT TO SECTION
30 11(A)(4) OF THE PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT,
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1 OR MEMBERS APPOINTED BY THE COUNCIL OF THE CITY IN WHICH THE
2 CONVENTION CENTER IS LOCATED AS REPLACEMENTS PURSUANT TO
3 SECTION 11(B) OF THE PENNSYLVANIA CONVENTION CENTER AUTHORITY
4 ACT, SHALL CONTINUE TO SERVE AS BOARD MEMBERS UNTIL THEIR
5 TERMS ARE COMPLETE. THE COUNCIL OF THE CITY IN WHICH THE
6 CONVENTION CENTER IS LOCATED SHALL APPOINT TWO MEMBERS
7 PURSUANT TO 53 PA.C.S. § 5911(A)(5) UPON THE COMPLETION OF
8 THE TERMS OF THE MEMBERS APPOINTED PURSUANT TO SECTION
9 11(A)(4) OF THE PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT
10 OR REPLACEMENTS APPOINTED PURSUANT TO SECTION 11(B) OF THE
11 PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT.
12 SECTION 11. THE FOLLOWING PROVISIONS SHALL NOT APPLY TO OR
13 AFFECT THE VALIDITY OF ANY CONTRACT OTHERWISE WITHIN THE PURVIEW
14 OF SUCH PROVISIONS ENTERED INTO BY THE PENNSYLVANIA PUBLIC
15 UTILITY COMMISSION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION:
16 (1) THE ADDITION OF 53 PA.C.S. § 5505(D)(23).
17 (2) THE AMENDMENT OF 53 PA.C.S. § 5508.1(O).
18 (2.1) THE ADDITION OF 53 PA.C.S. § 5508.2.
19 (3) THE ADDITION OF 53 PA.C.S. §§ 5510.1 THROUGH
20 5510.11.
21 (4) THE ADDITION OF 53 PA.C.S. CH. 57.
22 (5) SECTION 8(2)(III), (IV) AND (V).
23 (6) SECTION 12 OF THIS ACT.
24 (7) SECTION 13 OF THIS ACT.
25 (8) SECTION 15 OF THIS ACT.
26 SECTION 12. THE FOLLOWING PROVISIONS DO NOT AFFECT ANY ACT
27 DONE, LIABILITY INCURRED OR RIGHT ACCRUED OR VESTED OR AFFECT
28 ANY CIVIL OR CRIMINAL PROCEEDING PENDING OR TO BE COMMENCED TO
29 ENFORCE ANY RIGHT OR PENALTY OR PUNISH ANY OFFENSE UNDER ANY
30 PROVISION OF LAW REPEALED BY SECTION 8(2) OF THIS ACT:
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1 (1) THE AMENDMENT OF 53 PA.C.S. § 5508.1(O).
2 (1.1) THE ADDITION OF 53 PA.C.S. § 5508.2.
3 (2) THE ADDITION OF 53 PA.C.S. §§ 5510.1 THROUGH
4 5510.11.
5 (3) THE ADDITION OF 53 PA.C.S. CH. 57.
6 (4) THE PROVISIONS OF 66 PA.C.S. §§ 510(B)(5) AND
7 1103(C) AND CH.24.
8 (5) SECTION 11 OF THIS ACT.
9 (6) SECTION 13 OF THIS ACT.
10 (7) SECTION 15 OF THIS ACT.
11 SECTION 13. THE FOLLOWING SHALL APPLY:
12 (1) THE PENNSYLVANIA PUBLIC UTILITY COMMISSION'S
13 APPROPRIATIONS, ALLOCATIONS, DOCUMENTS, RECORDS, EQUIPMENT,
14 MATERIALS, POWERS, DUTIES, CONTRACTS, RIGHTS AND OBLIGATIONS,
15 WHICH ARE UTILIZED OR ACCRUE IN CONNECTION WITH THE FUNCTIONS
16 UNDER 66 PA.C.S. CH. 24 AND IN CONNECTION WITH LIMOUSINE
17 REGULATION IN CITIES OF THE FIRST CLASS SHALL BE TRANSFERRED
18 TO THE PHILADELPHIA PARKING AUTHORITY IN ACCORDANCE WITH AN
19 AGREEMENT BETWEEN THE COMMISSION AND THE AUTHORITY.
20 (2) REGULATIONS, ORDERS, PROGRAMS AND POLICIES OF THE
21 COMMISSION UNDER 66 PA.C.S. CH. 24 AND CONCERNING LIMOUSINE
22 SERVICE REGULATION WITHIN CITIES OF THE FIRST CLASS SHALL
23 REMAIN IN EFFECT UNTIL SPECIFICALLY AMENDED, RESCINDED OR
24 ALTERED BY THE AUTHORITY.
25 (3) THE STATE TREASURER SHALL COORDINATE WITH THE
26 AUTHORITY AND TRANSFER THE FIRST CLASS CITY TAXICAB
27 REGULATORY FUND TO THE AUTHORITY. UPON TRANSFER, FIDUCIARY
28 RESPONSIBILITY OVER THE FUND SHALL PASS FROM THE STATE
29 TREASURER TO THE AUTHORITY.
30 (4) THE COMMISSION SHALL ASSIST THE AUTHORITY TO PREPARE
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1 FOR THE TRANSFER AND TO ENSURE A SMOOTH TRANSITION WITH AS
2 LITTLE DISRUPTION AS POSSIBLE TO PUBLIC SAFETY, CONSUMER
3 CONVENIENCE AND THE IMPACTED INDUSTRIES.
4 (5) AS SOON AS IS PRACTICAL BUT NO LATER THAN 45 DAYS
5 AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AND
6 NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE AUTHORITY
7 SHALL APPOINT A CURRENT AGENT OR EMPLOYEE ON ITS PAYROLL OR
8 HIRE OR CONTRACT OUT FOR ONE, TO COORDINATE AND SPEARHEAD THE
9 EFFORT OF THE AUTHORITY TO PREPARE FOR THE TRANSFER.
10 (6) ON JANUARY 1, 2004, SUBJECT TO NEGOTIATIONS BETWEEN
11 THE COMMISSION AND THE AUTHORITY, THE AUTHORITY SHALL NOTIFY
12 ALL CURRENT EMPLOYEES OF THE COMMISSION WHOSE JOBS WOULD BE
13 IMPACTED BY THE TRANSFER OF ITS INTENTION TO HIRE. ALL
14 EMPLOYEES WHO RECEIVE AND ACCEPT OFFERS TO BE TRANSFERRED
15 SHALL BE EMPLOYEES OF THE AUTHORITY AND THE AUTHORITY SHALL
16 MAKE PROVISIONS TO TRANSFER LONGEVITY CREDITS, PAYROLL
17 CREDITS AND OTHER PERSONNEL BENEFITS, EXCEPT FOR RETIREMENT
18 ACCOUNTS, IN A FAIR AND REASONABLE MANNER. NOTWITHSTANDING
19 THE PROVISIONS OF 53 PA.C.S. §§ 5505(D)(8) AND (20) AND
20 5508.1(1), ANY ORDINANCE OF ANY CITY OF THE FIRST CLASS, OR
21 ANY AGREEMENT OR CONTRACT BETWEEN A CITY OF THE FIRST CLASS
22 AND THE AUTHORITY, THE PENSION AND RETIREMENT RIGHTS OF
23 EMPLOYEES OF THE COMMISSION AT THE TIME OF THE TRANSFER WHOSE
24 JOBS ARE IMPACTED BY THE TRANSFER AND WHO RECEIVE AND ACCEPT
25 OFFERS TO BE TRANSFERRED AND BE EMPLOYEES OF THE AUTHORITY
26 UPON THE TRANSFER OF THE FUNDS AND PROGRAMS PURSUANT TO THIS
27 SECTION SHALL BE DETERMINED BY THE PROVISIONS OF 71 PA.C.S.
28 PT. XXV KNOWN AS THE STATE EMPLOYEES' RETIREMENT CODE AND FOR
29 SUCH EMPLOYEES THE AUTHORITY SHALL HAVE THE OBLIGATIONS AND
30 DUTIES OF EMPLOYERS UNDER THE STATE EMPLOYEES' RETIREMENT
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1 CODE. THE AUTHORITY SHALL MAKE EVERY REASONABLE EFFORT TO
2 PROVIDE A POSITION SIMILAR TO THAT HELD WITH THE COMMISSION.
3 (7) REASONABLE COSTS OF TRANSFER SHALL BE PAID BY THE
4 FUND.
5 (8) UPON ASSUMPTION OF THE POWERS TRANSFERRED TO THE
6 AUTHORITY UNDER THE ADDITION OF 53 PA.C.S. CH. 57, THE
7 AUTHORITY SHALL CONTINUE AS MUCH OF THE INITIATIVE OF THE
8 COMMISSION UNDER SECTION 14 OF THIS ACT AS HAS NOT BEEN
9 COMPLETED BY THE COMMISSION.
10 (9) EMPLOYEES OF THE PHILADELPHIA PARKING AUTHORITY WHO
11 WERE EMPLOYEES OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
12 IMMEDIATELY PRIOR TO BECOMING EMPLOYEES OF THE PHILADELPHIA
13 PARKING AUTHORITY AND WHO HAVE BEEN CONTINUOUSLY EMPLOYED BY
14 THE PHILADELPHIA PARKING AUTHORITY SINCE THE TIME OF BECOMING
15 AN EMPLOYEE OF THE PHILADELPHIA PARKING AUTHORITY SHALL NOT,
16 AFTER TERMINATION OF SERVICE FROM THE PHILADELPHIA PARKING
17 AUTHORITY, BE CONSIDERED TO BE STATE EMPLOYEES OR PERFORMING
18 STATE SERVICE IF SUBSEQUENTLY REEMPLOYED AS AN OFFICER OR
19 EMPLOYEE OF THE PHILADELPHIA PARKING AUTHORITY.
20 SECTION 14. A SUM OF NOT MORE THAN $2,000,000 IS HEREBY
21 APPROPRIATED TO THE PENNSYLVANIA PUBLIC UTILITY COMMISSION FROM
22 THE FIRST CLASS CITY TAXICAB REGULATORY FUND UNDER THE FORMER 66
23 PA.C.S. CH. 24 FOR A HOSPITALITY INITIATIVE MAKING TAXICAB
24 SERVICE WITHIN CITIES OF THE FIRST CLASS MORE CONSUMER FRIENDLY.
25 ON JUNE 30, 2004, MONEY NOT ENCUMBERED UNDER THIS APPROPRIATION
26 SHALL LAPSE INTO THE FIRST CLASS CITY TAXICAB REGULATORY FUND
27 ESTABLISHED BY THE ADDITION OF 53 PA.C.S. CH. 57.
28 SECTION 15. THE PENNSYLVANIA PUBLIC UTILITY COMMISSION SHALL
29 TRANSMIT NOTICE OF THE ENTRY INTO THE AGREEMENT UNDER SECTION
30 13(1) OF THIS ACT TO THE LEGISLATIVE REFERENCE BUREAU FOR
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1 PUBLICATION IN THE PENNSYLVANIA BULLETIN.
2 SECTION 16. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
3 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT ON THE
4 EARLIER OF JULY 1, 2004, OR THE DATE OF PUBLICATION OF THE
5 NOTICE UNDER SECTION 15 OF THIS ACT:
6 (I) THE ADDITION OF 53 PA.C.S. CH. 57.
7 (II) SECTION 8(2)(V) OF THIS ACT.
8 (III) SECTION 13(1), (2) AND (3) OF THIS ACT.
9 (2) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 60
10 DAYS.
11 (I) THE AMENDMENT OF 53 PA.C.S. § 5508.1(K) AND (O).
12 (II) THE AMENDMENT OF 53 PA.C.S. §§ 5510.1 THROUGH
13 5510.11.
14 (III) SECTION 8(2)(III) AND (IV) OF THIS ACT.
15 (IV) SECTION 11 OF THIS ACT.
16 (V) SECTION 12 OF THIS ACT.
17 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
18 IMMEDIATELY.
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