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§ 698.23. Commission and governing body

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 55 P.S. NavigationEffective: January 3, 2023

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 55 P.S. Navigation (Refs & Annos)
Chapter 26. Port of Pittsburgh Commission Act
Effective: January 3, 2023
55 P.S. § 698.23
§ 698.23. Commission and governing body
Currentness
(a) Creation of commission.--A body corporate and politic, to be known as the Port of Pittsburgh Commission, is hereby created as a public entity and instrumentality of the Commonwealth. This commission shall exercise the powers of the Commonwealth as an agency of the Commonwealth.
(b) Governing body.--
(1) The powers of the commission shall be exercised by a governing body having full authority to manage the properties and business of the commission and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the commission may be conducted and the powers granted to it may be exercised. All bylaws, rules and regulations and amendments thereto shall be filed with the secretary of the commission.
(2) Deleted by 2022, Nov. 3, P.L. 2169, No. 161, § 2, effective in 60 days [Jan. 3, 2023].
(2.1) The governing body shall be composed of the following members, who must be individuals 18 years of age or older and residents of this Commonwealth, who shall serve at the pleasure of the respective appointing authority, and who shall be appointed in the following manner:
(i) Four members appointed by the Governor for a term of four years.
(ii) Three members appointed by the Governor from a list of at least five nominees submitted to the Governor by the Southwestern Pennsylvania Regional Planning Commission for a term of two years and until reappointed or a successor is appointed.
(iii) One member appointed by the Governor from a list of at least three nominees submitted to the Governor by the Port of Pittsburgh Commission board for a term of two years and until reappointed or a successor is appointed.
(iv) One member appointed by the President pro tempore of the Senate for a term concurrent with the term of the appointing authority.
(v) One member appointed by the Speaker of the House of Representatives for a term concurrent with the term of the appointing authority.
(vi) One member appointed by the Minority Leader of the Senate for a term concurrent with the term of the appointing authority.
(vii) One member appointed by the Minority Leader of the House of Representatives for a term concurrent with the term of the appointing authority.
(viii) One member nominated by the Port of Pittsburgh Executive Committee and appointed by the Port of Pittsburgh Commission board for a term of two years and until reappointed or a successor is appointed.
(2.2) If each entity permitted to submit a list under paragraph (2.1) fails to submit a list of nominees within 30 days of the effective date of this paragraph or fails to submit a substitute list within 30 days of receipt of a request to do so, the Governor may appoint the member or members for which a list of nominees was not submitted. Whenever a vacancy occurs prior to the completion of the term of office of a member appointed under this paragraph, the entity which prepared the list for the board member whose seat has become vacant shall submit a list of nominees to replace that member to the Governor, and the Governor shall select a person to fill the vacancy in the manner provided for in this paragraph for the selection of original appointments.
(3) The terms of members shall begin on the date of appointment. Members may hold office until their successors have been appointed and may succeed themselves.
(4) Vacancies shall be filled by the original appointing authority for the remainder of an unexpired term. All vacancies shall be filled within 30 days of occurrence. A vacancy shall occur upon the death, resignation, disqualification or removal of a member.
(5) Prior to July 1, 1993, the chairman of the board shall be the person who on the day immediately preceding the effective date of this act was serving as chairman of the Port of Pittsburgh Commission pursuant to the act of December 19, 1990 (P.L. 827, No. 197),1 known as the Port of Pittsburgh Commission Act. On and after July 1, 1993, one of the members of the board shall be designated by the Governor as chairman of the board for a term concurrent with such member's appointment as a board member. The members of the board shall elect from among themselves a vice chair, secretary, treasurer and such other officers as they may determine.
(6) A majority of the board shall constitute a quorum for the purpose of conducting business of the board and for all other purposes. All actions of the board shall be taken by a majority of the board.
(7) Members of the board shall receive no compensation or remuneration, but shall be entitled to reimbursement for all reasonable and necessary expenses.
(8) No member of the board shall be liable personally on the bonds or other obligations of the commission, and the rights of creditors shall be solely against the commission.
(9) The board may appoint an executive director and delegate to such appointee such powers of the board as the board shall deem necessary to carry out the purposes of the commission, subject in every case to the supervision and control of the board.
(c) Sovereign immunity.--It is hereby declared to be the intent of the General Assembly that the commission created by this act and its members, officers and employees shall enjoy sovereign and official immunity, as provided in 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) and shall remain immune from suit except as provided by and subject to the provisions of 42 Pa.C.S. Ch. 85 Subchs. A (relating to general provisions) and B2 (relating to actions against Commonwealth parties). Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the commission, through its legal counsel, shall defend actions brought against the commission or its members, officers, officials and employees when acting within the scope of their official duties.
(d) Public meetings and records.--The commission shall be subject to the act of February 14, 2008 (P.L. 6, No. 3),3 known as the Right-to-Know Law, and 65 Pa.C.S. Ch. 7 (relating to open meetings).

Credits

1992, Dec. 14, P.L. 818, No. 133, § 3, imd. effective. Amended 2022, Nov. 3, P.L. 2169, No. 161, § 2, effective in 60 days [Jan. 3, 2023].

Footnotes

1
55 P.S. § 698.1 et seq. (repealed).
2
42 Pa.C.S.A. § 8521 et seq.
3
65 P.S. § 67.101 et seq.
55 P.S. § 698.23, PA ST 55 P.S. § 698.23
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document