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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY THOMAS, CALTAGIRONE, W. KELLER, V. BROWN, MIRABITO, PAYTON AND QUINN, NOVEMBER 15, 2011 |
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| REFERRED TO COMMITTEE ON URBAN AFFAIRS, NOVEMBER 15, 2011 |
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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 | providing for members of an authority in cities of the first |
25 | class; further providing for qualifications, tenure and |
26 | compensation of members of an authority; providing for ethics |
27 | standards; and further providing for organization of an |
28 | authority. |
29 | The General Assembly of the Commonwealth of Pennsylvania |
30 | hereby enacts as follows: |
31 | Section 1. Section 5(b) of the act of May 28, 1937 (P.L.955, |
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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.--* * * |
4 | (b) [The] Except as otherwise provided in section 5.1, the |
5 | governing body of any city upon issuing a certificate declaring |
6 | the need for an Authority to operate in such city or upon |
7 | receiving notice of the issuance of such certificate by the |
8 | Governor, shall promptly notify the mayor of such certification. |
9 | Upon receiving such notice, the mayor, with the approval of the |
10 | majority of the members of council, shall appoint five citizens, |
11 | residents of the city, to be members of the housing authority of |
12 | such city--[(1) that in cities of the first class, the mayor |
13 | shall appoint two members, the city controller shall appoint two |
14 | members, and the four members, thus appointed, shall select a |
15 | fifth member of such Authority;] (2) that in cities of the |
16 | second class, the mayor shall appoint two additional members for |
17 | a total of seven members of the housing authority; (3) that in |
18 | cities of the third class, the mayor, with the approval of the |
19 | majority of the members of council, shall appoint five persons |
20 | to be members of the housing authority of such city, such |
21 | members shall be citizens residing within the city for which the |
22 | Authority is created. |
23 | Section 2. The act is amended by adding a section to read: |
24 | Section 5.1. Members of an Authority in Cities of the First |
25 | Class.--(a) (1) The governing body of any city of the first |
26 | class upon issuing a certificate declaring the need for an |
27 | Authority to operate in the city or upon receiving notice of the |
28 | issuance of such certificate by the Governor shall promptly |
29 | notify the mayor of such certification. |
30 | (2) Upon issuance of such notice by the governing body of a |
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1 | city of the first class and the notification of the mayor of |
2 | such certification, the Authority shall be composed of the |
3 | following members: |
4 | (i) Five members appointed by the mayor of the city. |
5 | (ii) Two members appointed by the governing body of the |
6 | city. |
7 | (iii) Two members who shall be public housing residents, |
8 | nominated by a public housing resident advocacy organization |
9 | within the city and selected by a majority vote by the other |
10 | members of the Authority. |
11 | (3) All members of the Authority must be citizens residing |
12 | within the city for which a particular housing authority has |
13 | been created. |
14 | (4) The initial members of the Authority shall be appointed |
15 | or approved within ten days of the effective date of this |
16 | section. A member's term shall begin on the date of appointment. |
17 | The term of members appointed by the mayor and governing body of |
18 | the city shall be coterminous with that of the appointing power |
19 | and shall serve at the pleasure of the appointing power. Members |
20 | who are approved under paragraph (2)(iii) shall serve terms of |
21 | two years, shall be eligible for reappoint and may be removed |
22 | for cause by a unanimous vote of the appointed members of the |
23 | Authority. However, every member shall hold office until his |
24 | successor has been appointed. Vacancies among the members of the |
25 | Authority shall be filled promptly by the appointing or |
26 | selecting power. |
27 | (b) Members of the Authority shall not receive compensation |
28 | for their services as members, but shall receive all necessary |
29 | expenses incurred in connection with the performance of his |
30 | duties as members. |
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1 | Section 3. Section 6 of the act, amended July 15, 1968 |
2 | (P.L.337, No.163), is amended to read: |
3 | Section 6. Qualifications, Tenure and Compensation of |
4 | Members of an Authority.--(a) No more than two persons holding |
5 | any other paid public office shall be members of the same |
6 | housing authority at the same time. The members who are first |
7 | appointed shall serve for terms of one, two, three, four, and |
8 | five years, respectively, from the date of their appointment, as |
9 | shall be specified at the time of their appointment. Thereafter |
10 | the term of office shall be five years. The two additional |
11 | members to be appointed in cities of the second class shall |
12 | serve for terms of five years. A member shall hold office until |
13 | his successor has been appointed. Vacancies for unexpired terms |
14 | shall be promptly filled by the appointing power. A member may |
15 | be removed for cause by the court of quarter sessions of the |
16 | county in which the Authority is located after having been |
17 | provided with a copy of the charges against him for at least ten |
18 | days and full hearing by the court. A member shall receive no |
19 | compensation for his services, but he shall be entitled to the |
20 | necessary expenses, including travelling expenses incurred in |
21 | the discharge of his duties. |
22 | (b) The provisions of subsection (a) shall not apply to an |
23 | Authority in a city of the first class. |
24 | Section 4. The act is amended by adding a section to read: |
25 | Section 6.1. Ethics Standards.--(a) The members of an |
26 | Authority shall be deemed public officials under 65 Pa.C.S. Ch. |
27 | 11 (relating to ethics standards and financial disclosure). |
28 | (b) A person serving in a position with an Authority who |
29 | meets the definition of the term "public official" as set forth |
30 | in 65 Pa.C.S. § 1102 (relating to definitions) shall be deemed a |
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1 | public official under 65 Pa.C.S. Ch. 11. |
2 | (c) An employe of an Authority who meets the definition of |
3 | the term "public employee" as set forth in 65 Pa.C.S. § 1102 |
4 | shall be deemed a public employe under 65 Pa.C.S. Ch. 11. |
5 | Section 5. Section 7 of the act is amended to read: |
6 | Section 7. Organization of an Authority.--The members of an |
7 | Authority shall select from among themselves a chairman and a |
8 | vice-chairman. The Authority may employ a secretary, such |
9 | technical experts, and such other officers, agents, and |
10 | employes, permanent or temporary, as it may require, and may |
11 | determine the qualifications of such persons. Three members of |
12 | an Authority shall constitute a quorum for its meetings, except |
13 | that a majority of the members of the Authority in a city of the |
14 | first class shall constitute a quorum for meetings of such an |
15 | Authority. Any Authority may employ its own counsel and legal |
16 | staff. Members of an Authority shall not be liable personally on |
17 | the bonds or other obligations of the Authority, and the rights |
18 | of creditors shall be solely against such Authority. An |
19 | Authority may delegate to one or more of its agents or employes |
20 | such of its powers as it shall deem necessary to carry out the |
21 | purposes of this act, subject always to the supervision and |
22 | control of the Authority. |
23 | Section 6. This act shall take effect in 60 days. |
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