Bill Text: PA SB1174 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Further providing for appointment of members of authority, for qualifications, tenure and compensation of members of authority and for organization of authority; and providing for whistleblower hotline, for requirements regarding tenants and landlords in cities of the first class and for reporting by authorities in cities of the first class.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-07-05 - Act No. 130 [SB1174 Detail]

Download: Pennsylvania-2011-SB1174-Introduced.html

  

 

    

PRINTER'S NO.  1631

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1174

Session of

2011

  

  

INTRODUCED BY YAW, KITCHEN, FONTANA, M. WHITE, BRUBAKER, D. WHITE, FERLO AND BREWSTER, SEPTEMBER 29, 2011

  

  

REFERRED TO URBAN AFFAIRS AND HOUSING, SEPTEMBER 29, 2011  

  

  

  

AN ACT

  

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Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as

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amended, "An act to promote public health, safety, morals,

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and welfare by declaring the necessity of creating public

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bodies, corporate and politic, to be known as housing

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authorities to engage in slum clearance, and to undertake

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projects, to provide dwelling accommodations for persons of

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low income; providing for the organization of such housing

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authorities; defining their powers and duties; providing for

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the exercise of such powers, including the acquisition of

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property by purchase, gift or eminent domain, the renting and

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selling of property, and including borrowing money, issuing

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bonds, and other obligations, and giving security therefor;

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prescribing the remedies of obligees of housing authorities;

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authorizing housing authorities to enter into agreements,

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including agreements with the United States, the

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Commonwealth, and political subdivisions and municipalities

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thereof; defining the application of zoning, sanitary, and

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building laws and regulations to projects built or maintained

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by such housing authorities; exempting the property and

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securities of such housing authorities from taxation; and

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imposing duties and conferring powers upon the State Planning

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Board, and certain other State officers and departments,"

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further providing for appointment of members of authority,

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for qualifications, tenure and compensation of members of

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authority and for organization of authority.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 5(b) and 6 of the act of May 28, 1937

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(P.L.955, No.265), known as the Housing Authorities Law, amended

 


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March 21, 1968 (P.L.69, No.25) and July 15, 1968 (P.L.337,

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No.163), are amended to read:

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Section 5.  Appointment of Members of an Authority.--* * *

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(b)  The governing body of any city upon issuing a

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certificate declaring the need for an Authority to operate in

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such city or upon receiving notice of the issuance of such

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certificate by the Governor, shall promptly notify the mayor of

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such certification. Upon receiving such notice, the mayor, with

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the approval of the majority of the members of council, shall

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appoint five citizens, residents of the city, to be members of

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the housing authority of such city--(1) that in cities of the

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first class, the mayor shall appoint [two members, the city

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controller shall appoint two members, and the four members, thus

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appointed, shall select a fifth member of such Authority] nine

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persons to be members of the housing authority of such city; (2)

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that in cities of the second class, the mayor shall appoint two

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additional members for a total of seven members of the housing

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authority; (3) that in cities of the third class, the mayor,

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with the approval of the majority of the members of council,

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shall appoint five persons to be members of the housing

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authority of such city, such members shall be citizens residing

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within the city for which the Authority is created.

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Section 6.  Qualifications, Tenure and Compensation of

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Members of an Authority.--No more than two persons holding any

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other paid public office shall be members of the same housing

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authority at the same time. The members who are first appointed

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shall serve for terms of one, two, three, four, and five years,

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respectively, from the date of their appointment, as shall be

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specified at the time of their appointment, except that members

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of the housing authority of a city of the first class shall

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serve for terms concurrent with the term of the appointing

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mayor. Thereafter the term of office shall be five years, except

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as otherwise provided with respect to members of the housing

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authority of a city of the first class. The two additional

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members to be appointed in cities of the second class shall

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serve for terms of five years. A member shall hold office until

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his successor has been appointed. Vacancies for unexpired terms

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shall be promptly filled by the appointing power. A member may

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be removed for cause by the court of quarter sessions of the

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county in which the Authority is located after having been

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provided with a copy of the charges against him for at least ten

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days and full hearing by the court, except that members of the

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housing authority of a city of the first class shall serve at

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the pleasure of the mayor of such city. A member shall receive

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no compensation for his services, but he shall be entitled to

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the necessary expenses, including travelling expenses incurred

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in the discharge of his duties.

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Section 2.  Section 7 of the act is amended to read:

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Section 7.  Organization of an Authority.--The members of an

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Authority shall select from among themselves a chairman and a

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vice-chairman. The Authority may employ a secretary, such

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technical experts, and such other officers, agents, and

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employes, permanent or temporary, as it may require, and may

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determine the qualifications of such persons. Three members of

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an Authority shall constitute a quorum for its meetings, except

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that a majority of the members of the Authority in a city of the

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first class shall constitute a quorum for meetings of such an

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Authority. Any Authority may employ its own counsel and legal

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staff. Members of an Authority shall not be liable personally on

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the bonds or other obligations of the Authority, and the rights

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of creditors shall be solely against such Authority. An

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Authority may delegate to one or more of its agents or employes

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such of its powers as it shall deem necessary to carry out the

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purposes of this act, subject always to the supervision and

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control of the Authority.

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Section 3.  This act shall take effect immediately.

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