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| PRIOR PRINTER'S NO. 2358 | PRINTER'S NO. 3747 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY TOBASH, DENLINGER, GEIST, ROSS, TOOHIL AND JOSEPHS, SEPTEMBER 14, 2011 |
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| AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 13, 2012 |
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| AN ACT |
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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 | for qualifications, tenure and compensation of members of |
25 | authority, for organization of authority and for powers of |
26 | authority. |
27 | The General Assembly of the Commonwealth of Pennsylvania |
28 | hereby enacts as follows: |
29 | Section 1. Sections 5(b) and 6 of the act of May 28, 1937 | <-- |
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1 | (P.L.955, No.265), known as the Housing Authorities Law, amended |
2 | March 21, 1968 (P.L.69, No.25) and July 15, 1968 (P.L.337, |
3 | No.163), is amended to read: |
4 | Section 5. Appointment of Members of an Authority.--* * * |
5 | (b) The governing body of any city upon issuing a |
6 | certificate declaring the need for an Authority to operate in |
7 | such city or upon receiving notice of the issuance of such |
8 | certificate by the Governor, shall promptly notify the mayor of |
9 | such certification. Upon receiving such notice, the mayor, with |
10 | the approval of the majority of the members of council, shall |
11 | appoint five citizens, residents of the city, to be members of |
12 | the housing authority of such city--(1) that in cities of the |
13 | first class, the mayor shall appoint [two members, the city |
14 | controller shall appoint two members, and the four members, thus |
15 | appointed, shall select a fifth member of such Authority] nine |
16 | persons to be members of the housing authority of such city; (2) |
17 | that in cities of the second class, the mayor shall appoint two |
18 | additional members for a total of seven members of the housing |
19 | authority; (3) that in cities of the third class, the mayor, |
20 | with the approval of the majority of the members of council, |
21 | shall appoint five persons to be members of the housing |
22 | authority of such city, such members shall be citizens residing |
23 | within the city for which the Authority is created. |
24 | Section 6. Qualifications, Tenure and Compensation of |
25 | Members of an Authority.--No more than two persons holding any |
26 | other paid public office shall be members of the same housing |
27 | authority at the same time. The members who are first appointed |
28 | shall serve for terms of one, two, three, four, and five years, |
29 | respectively, from the date of their appointment, as shall be |
30 | specified at the time of their appointment, except that members |
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1 | of the housing authority of a city of the first class shall |
2 | serve for terms concurrent with the term of the appointing |
3 | mayor. Thereafter the term of office shall be five years, except |
4 | as otherwise provided with respect to members of the housing |
5 | authority of a city of the first class. The two additional |
6 | members to be appointed in cities of the second class shall |
7 | serve for terms of five years. A member shall hold office until |
8 | his successor has been appointed. Vacancies for unexpired terms |
9 | shall be promptly filled by the appointing power. A member may |
10 | be removed for cause by the court of quarter sessions of the |
11 | county in which the Authority is located after having been |
12 | provided with a copy of the charges against him for at least ten |
13 | days and full hearing by the court; except that members of the |
14 | housing authority of a city of the first class shall serve at |
15 | the pleasure of the mayor of such city. A member shall receive |
16 | no compensation for his services, but he shall be entitled to |
17 | the necessary expenses, including travelling expenses incurred |
18 | in the discharge of his duties. |
19 | Section 2. Section 7 of the act is amended to read: |
20 | Section 7. Organization of an Authority.--The members of an |
21 | Authority shall select from among themselves a chairman and a |
22 | vice-chairman. The Authority may employ a secretary, such |
23 | technical experts, and such other officers, agents, and |
24 | employes, permanent or temporary, as it may require, and may |
25 | determine the qualifications of such persons. Three members of |
26 | an Authority shall constitute a quorum for its meetings. A |
27 | majority of the members of the Authority in a city of the first |
28 | class shall constitute a quorum of meetings of such Authority. |
29 | Any Authority may employ its own counsel and legal staff. |
30 | Members of an Authority shall not be liable personally on the |
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1 | bonds or other obligations of the Authority, and the rights of |
2 | creditors shall be solely against such Authority. An Authority |
3 | may delegate to one or more of its agents or employes such of |
4 | its powers as it shall deem necessary to carry out the purposes |
5 | of this act, subject always to the supervision and control of |
6 | the Authority. |
7 | Section 3. Section 10(gg) of the act, added November 9, 2006 |
8 | (P.L.1355, No.145), is amended to read: |
9 | Section 1. Section 10(gg) of the act of May 28, 1937 | <-- |
10 | (P.L.955, No.265), known as the Housing Authorities Law, added |
11 | November 9, 2006 (P.L.1355, No.145), is amended to read: |
12 | Section 10. Powers of an Authority.--An Authority shall |
13 | constitute a public body, corporate and politic, exercising |
14 | public powers of the Commonwealth as an agency thereof, which |
15 | powers shall include all powers necessary or appropriate to |
16 | carry out and effectuate the purpose and provisions of this act, |
17 | including the following powers, in addition to others herein |
18 | granted: |
19 | * * * |
20 | (gg) [To] Except for a housing authority that has a contract |
21 | with the State Civil Service Commission to provide for a merit |
22 | service system of employment to make, execute and enter into |
23 | employment agreements, which are necessary or convenient to the |
24 | exercise of the powers of the Authority, with any individual who |
25 | is or will be hired to work in any position that is not |
26 | represented by a bargaining representative under the act of July |
27 | 23, 1970 (P.L.563, No.195), known as the "Public Employe |
28 | Relations Act," or part of a bargaining unit that has been |
29 | created by an order of the Pennsylvania Labor Relations Board |
30 | pursuant to the "Public Employe Relations Act." Such employment |
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1 | agreements must be in writing and must be approved by the |
2 | Authority and may not be renewed except by the affirmative |
3 | approval of the Authority. No such employment agreement nor any |
4 | term thereof shall be enforceable or amended or renewed unless |
5 | such agreement or amendment is in writing and approved by the |
6 | Authority as stated above. Any employment agreement created or |
7 | approved pursuant to this subsection may-- (1) identify the |
8 | specific terms and conditions of the individual's employment; |
9 | (2) confer a specific term of tenure in employment which may be |
10 | for a specific period of time not to exceed five years; (3) |
11 | otherwise limit or state the power of the Authority to summarily |
12 | dismiss such employe and the circumstances under which such |
13 | dismissal shall be exercised; or (4) any combination of |
14 | subclauses (1) through (3) above; however, any employment |
15 | agreement created or approved pursuant to this clause which |
16 | confers a specific term or tenure of employment under subclause |
17 | (2) above must also enumerate the circumstances under which the |
18 | Authority may terminate the employment agreement for cause, |
19 | including the lack of funding, prior to the expiration of the |
20 | expressed term or agreement. If such agreement does not contain |
21 | the items stated in subclause (2) or (3), the employe may be |
22 | summarily dismissed by the Authority, and the agreement |
23 | terminated at any time. Under no circumstances shall the mayor |
24 | or any individual employe, official agent, attorney or member of |
25 | the Authority be personally liable for any provision contained |
26 | in any such employment agreement. Any employment agreement into |
27 | which the Authority enters pursuant to this clause shall not be |
28 | subject to the provisions of section 11 or to the contract |
29 | procurement provisions, rules or regulations to which the |
30 | Authority is otherwise subjected. |
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1 | Section 4 2. This act shall take effect immediately. | <-- |
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