PRIOR PRINTER'S NOS. 2574, 2790, 2870
PRINTER'S NO. 3107
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY STEPHENS, VEREB, SCHLOSSBERG, ROZZI, COHEN, SWANGER, GODSHALL, WATSON, MURT, REED, DELOZIER, HARPER, SAYLOR, PARKER, DiGIROLAMO, QUINN, FRANKEL, SANTARSIERO, DAVIS, BRADFORD, BROWNLEE, SCHREIBER, MUNDY, DERMODY, GAINEY, M. DALEY, DONATUCCI, KIM, SIMS, D. MILLER, HACKETT, READSHAW, STURLA AND RAVENSTAHL, OCTOBER 22, 2013
SENATOR EICHELBERGER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, MARCH 11, 2014
1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, in preemptions, providing for
3protection for victims of abuse or crime; <-and prohibiting
4certain leave of compensation mandates by municipalities.
9§ 303. Protection for victims of abuse or crime.
16(2) This section is intended to shield residents,
1tenants and landlords from penalties that may be levied
2pursuant to enforcement of an ordinance or regulation if
3police or emergency services respond to a residence or
4tenancy to assist a victim of abuse or crime or individuals
5in an emergency.
6(3) This section is not intended to prohibit
7municipalities from enforcing an ordinance or regulation
8against a resident, tenant or landlord where police or
9emergency services respond to a residence or tenancy that
10does not involve assistance to a victim of abuse or crime or
11individuals in an emergency.
12(b) Protection.--No ordinance enacted by a municipality
13shall penalize a resident, tenant or landlord for a contact made
14for police or emergency assistance by or on behalf of a victim
15of abuse as defined in 23 Pa.C.S. § 6102 (relating to
16definitions), a victim of a crime pursuant to 18 Pa.C.S.
17(relating to crimes and offenses) or an individual in an
18emergency pursuant to 35 Pa.C.S. § 8103 (relating to
19definitions), if the contact was made based upon the reasonable
20belief of the person making the contact that intervention or
21emergency assistance was necessary to prevent the perpetration
22or escalation of the abuse, crime or emergency or if the
23intervention or emergency assistance was actually needed in
24response to the abuse, crime or emergency.
25(c) Remedies.--If a municipality enforces or attempts to
26enforce an ordinance against a resident, tenant or landlord in
27violation of subsection (b), the resident, tenant or landlord
28may bring a civil action for a violation of this section and
29seek an order from a court of competent jurisdiction for any of
30the following remedies:
6(3) Payment of reasonable attorney fees.
7(4) Payment of court costs.
11(d) Preemption.--This section preempts any local ordinance
12or regulation insofar as it is inconsistent with this section,
13irrespective of the effective date of the ordinance or
14regulation. This section shall not affect or apply to
15enforcement of the act of October 11, 1995 (1st Sp.Sess.,
16P.L.1066, No.23), known as the Expedited Eviction of Drug
17Traffickers Act, or to the enforcement of 18 Pa.C.S. § 7511
18(relating to control of alarm devices and automatic dialing
20(e) Definition.--As used in this section, the term
21"penalize" includes the actual or threatened revocation,
22suspension or nonrenewal of a rental license, the actual or
23threatened assessment of fines or the actual or threatened
24eviction, or causing the actual or threatened eviction, from
<-26Section 2. This act shall take effect in 90 days.
<-27§ 304. Leave and compensation mandates.
28(a) General rule.--A municipality may not:
6(b) Inconsistent mandate.--This section may not be construed
7to invalidate a mandate enacted by a municipality prior to the
8effective date of this section. A mandate enacted by a
9municipality that is inconsistent with this section and enacted
10after the effective date of this section is void.
26"Municipality." A county, city, borough, incorporated town,
27township, home rule charter, optional charter or optional plan
28municipality, school district or a similar general purpose unit
29of government that may be created by the General Assembly.
30Section 2. This act shall take effect as follows: