PRINTER'S NO. 2199
No. 1793 Session of 1999
INTRODUCED BY WOGAN, KENNEY, O'BRIEN, J. TAYLOR, ADOLPH,
ARMSTRONG, CIVERA, L. I. COHEN, CORRIGAN, FICHTER, GEIST,
HARHAI, HERSHEY, LAUGHLIN, McNAUGHTON, MELIO, READSHAW,
RUBLEY, SAYLOR, SEYFERT, STEELMAN AND WOJNAROSKI,
JULY 27, 1999
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JULY 27, 1999
AN ACT
1 Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as
2 amended, "An act to promote public health, safety, morals,
3 and welfare by declaring the necessity of creating public
4 bodies, corporate and politic, to be known as housing
5 authorities to engage in slum clearance, and to undertake
6 projects, to provide dwelling accommodations for persons of
7 low income; providing for the organization of such housing
8 authorities; defining their powers and duties; providing for
9 the exercise of such powers, including the acquisition of
10 property by purchase, gift or eminent domain, the renting and
11 selling of property, and including borrowing money, issuing
12 bonds, and other obligations, and giving security therefor;
13 prescribing the remedies of obligees of housing authorities;
14 authorizing housing authorities to enter into agreements,
15 including agreements with the United States, the
16 Commonwealth, and political subdivisions and municipalities
17 thereof; defining the application of zoning, sanitary, and
18 building laws and regulations to projects built or maintained
19 by such housing authorities; exempting the property and
20 securities of such housing authorities from taxation; and
21 imposing duties and conferring powers upon the State Planning
22 Board, and certain other State officers and departments,"
23 further providing for appointment of members of an authority
24 and for powers of the authority.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 5 of the act of May 28, 1937 (P.L.955,
1 No.265), known as the Housing Authorities Law, amended July 15,
2 1968 (P.L.337, No.163), is amended to read:
3 Section 5. Appointment of Members of an Authority.--(a) The
4 board of county commissioners for any county upon issuing a
5 certificate declaring the need for an Authority to operate in
6 such county or upon receiving notice of the issuance of such
7 certificate by the Governor, shall appoint five citizens,
8 residents of the county, to be members of the housing authority
9 which is to operate within such county. Such members shall be
10 citizens residing within the county for which the Authority is
11 created.
12 (b) The governing body of any city upon issuing a
13 certificate declaring the need for an Authority to operate in
14 such city or upon receiving notice of the issuance of such
15 certificate by the Governor, shall promptly notify the mayor of
16 such certification. Upon receiving such notice, the mayor, with
17 the approval of the majority of the members of council, shall
18 appoint five citizens, residents of the city, to be members of
19 the housing authority of such city--(1) [that in cities of the
20 first class, the mayor shall appoint two members, the city
21 controller shall appoint two members, and the four members, thus
22 appointed, shall select a fifth member of such Authority;] that
23 in cities of the first class, the mayor shall appoint one member
24 who shall be chairman, the president of city council shall
25 appoint one member, the minority leader of city council shall
26 appoint two members and the city controller shall appoint one
27 member; a qualified majority of four members shall be required
28 to approve the budget for the fiscal year, the hiring of the
29 authority executive director and any other decisions which the
30 qualified majority shall decide by resolution; (2) that in
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1 cities of the second class, the mayor shall appoint two
2 additional members for a total of seven members of the housing
3 authority; (3) that in cities of the third class, the mayor,
4 with the approval of the majority of the members of council,
5 shall appoint five persons to be members of the housing
6 authority of such city, such members shall be citizens residing
7 within the city for which the Authority is created.
8 Section 2. Section 10(ff) of the act, added October 5, 1980
9 (P.L.690, No.140), is amended to read:
10 Section 10. Powers of an Authority.--An Authority shall
11 constitute a public body, corporate and politic, exercising
12 public powers of the Commonwealth as an agency thereof, which
13 powers shall include all powers necessary or appropriate to
14 carry out and effectuate the purpose and provisions of this act,
15 including the following powers, in addition to others herein
16 granted:
17 * * *
18 (ff) In the city of the first class, to appoint security
19 officers who shall have the same rights, powers and duties as
20 police officers in the Commonwealth in and upon the grounds and
21 buildings of the Authority and in instances of hot pursuit
22 within the boundaries of the city of the first class and who
23 shall be authorized to arrest persons for the commission of any
24 offense and the keepers of the jails and other places of
25 detention in the city of the first class shall receive all
26 persons arrested by such security officers for purposes of
27 detention until they are dealt with according to law: Provided,
28 however, That such security officers successfully complete the
29 course of instruction provided under the act of June 18, 1974
30 (P.L.359, No.120), referred to as the Municipal Police Education
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1 and Training Law. The Authority shall[, to the maximum extent
2 practicable, give preference in hiring security officers first
3 to any person living in public housing and receiving any form of
4 State or Federal public assistance, and second, to any other
5 person living in public housing] not require that such security
6 officers be residents of a county of the first class that is
7 coterminous with a city of the first class.
8 Section 3. This act shall take effect in 60 days.
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