PRINTER'S NO. 2630
No. 1926 Session of 2005
INTRODUCED BY CRUZ, YOUNGBLOOD, CALTAGIRONE, THOMAS, MYERS, PHILLIPS, PERZEL AND KIRKLAND, AUGUST 18, 2005
REFERRED TO COMMITTEE ON URBAN AFFAIRS, AUGUST 18, 2005
AN ACT
1 Amending the act of April 21, 1949 (P.L.665, No.155), entitled
2 "An act to carry into effect section one of article fifteen
3 of the Constitution, giving cities of the first class the
4 right and power to frame, adopt and amend their own charters
5 and to exercise the powers and authority of local self-
6 government, and providing the procedure therefor; imposing
7 certain restrictions, limitations and regulations; imposing
8 duties upon city councils, city officers, county boards of
9 elections, courts and the Secretary of the Commonwealth; and
10 providing for the payment of certain expenses by such cities;
11 and imposing penalties," further providing for the general
12 grant of power and authority; and providing for specific
13 powers.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 17 of the act of April 21, 1949 (P.L.665,
17 No.155), known as the First Class City Home Rule Act, amended
18 November 30, 2004 (P.L.1523, No.193), is amended to read:
19 Section 17. General Grant of Power and Authority.--
20 (a) Subject to the limitations hereinafter prescribed, the
21 city taking advantage of this act and framing and adopting or
22 amending its charter thereunder shall have and may exercise all
23 powers and authority of local self-government and shall have
1 complete powers of legislation and administration in relation to 2 its municipal functions, including the power and authority to 3 prescribe the elective city officers, who shall be nominated and 4 elected only in the manner provided by, and in accordance with, 5 the provisions of the Pennsylvania Election Code and its 6 amendments, for the nomination and election of municipal 7 officers. The charter of any city adopted or amended in 8 accordance with this act may provide for a form or system of 9 municipal government and for the exercise of any and all powers 10 relating to its municipal functions, not inconsistent with the 11 Constitution of the United States or of this Commonwealth, to 12 the full extent that the General Assembly may legislate in 13 reference thereto as to cities of the first class, and with like 14 effect, and the city may enact ordinances, rules and regulations 15 necessary and proper for carrying into execution the foregoing 16 powers and all other powers vested in the city by the charter it 17 adopts or by this or any other law. Ordinances, rules and 18 regulations adopted under the authority of this act or under the 19 provisions of any charter adopted or amended hereunder shall be 20 enforceable by the imposition of fines, forfeitures and 21 penalties, not exceeding [two thousand three hundred dollars 22 ($2,300)] five hundred dollars ($500), and by imprisonment for a 23 period not exceeding ninety days[.], subject to increase of the 24 fine, forfeiture or penalty as provided under subsection (b) of 25 this section. 26 (b) Notwithstanding the other provisions of this section, a 27 city of the first class [may increase] shall adjust any fine, 28 forfeiture or penalty authorized under this section[, provided 29 that the increase does not exceed four hundred dollars ($400) in 30 any calendar year and the total amount of the fine, forfeiture 20050H1926B2630 - 2 -
1 or penalty does not exceed two thousand dollars ($2,000).] every 2 ten years to account for inflation by taking the average of the 3 ten prior years' increase, if any, in the Consumer Price Index 4 for All Urban Consumers (CPI-U) categorized further as 5 Philadelphia All Items as officially reported by the Department 6 of Labor, Bureau of Labor Statistics. 7 Section 2. This act shall take effect immediately. F7L11JLW/20050H1926B2630 - 3 -