PRINTER'S NO. 1146
No. 1000 Session of 2005
INTRODUCED BY LaGROTTA, SAINATO, BELFANTI, CALTAGIRONE, EACHUS,
PALLONE, PETRONE, PRESTON, STABACK, THOMAS, TIGUE, WASHINGTON
AND YOUNGBLOOD, MARCH 16, 2005
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 16, 2005
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 providing for background checks of prospective members; and
24 further providing for qualifications, tenure and compensation
25 of members of an authority.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. The act of May 28, 1937 (P.L.955, No.265), known
29 as the Housing Authorities Law, is amended by adding a section
1 to read:
2 Section 5.1. Background Checks of Prospective Members.--(a)
3 A board of county commissioners or a mayor appointing a
4 prospective member under section 5 shall require the member to
5 submit the following information obtained within the preceding
6 one-year period:
7 (1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
8 history record information), a report of criminal history record
9 information from the Pennsylvania State Police or a statement
10 from the Pennsylvania State Police that their central repository
11 contains no such information relating to that person. The
12 criminal history record information shall be limited to that
13 which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2)
14 (relating to general regulations).
15 (2) Where the prospective member is not and for the two
16 years immediately preceding the date of application has not been
17 a resident of this Commonwealth, the prospective member shall be
18 required to submit a report of Federal criminal history record
19 information pursuant to the Federal Bureau of Investigation's
20 appropriation under the Departments of State, Justice and
21 Commerce, the Judiciary, and Related Agencies Appropriation Act,
22 1973 (Public Law 92-544, 86 Stat. 1109). For the purposes of
23 this clause, the prospective member shall submit a full set of
24 fingerprints to the Pennsylvania State Police, which shall
25 forward them to the Federal Bureau of Investigation for a
26 national criminal history record check. The information obtained
27 from the criminal record check shall be used by the board of
28 county commissioners or the mayor to determine the prospective
29 member's eligibility. The board of county commissioners or the
30 mayor shall insure confidentiality of the information.
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1 (b) The Pennsylvania State Police shall charge the
2 prospective member a fee of not more than ten ($10) dollars to
3 conduct the criminal record check required under clause (1) of
4 subsection (a). The Pennsylvania State Police shall charge the
5 prospective member a fee of not more than the established charge
6 by the Federal Bureau of Investigation for the criminal history
7 record check required under clause (2) of subsection (a).
8 (c) A prospective member shall be disqualified from
9 membership on a housing authority if the prospective member's
10 criminal history record information indicates that the person
11 has been convicted of any Federal, State or out-of-State
12 offense.
13 (d) A board of county commissioners or a mayor shall not be
14 held civilly liable for any action directly related to good
15 faith compliance with this section.
16 Section 2. Section 6 of the act, amended March 21, 1968
17 (P.L.69, No.25) and July 15, 1968 (P.L.337, No.163), is amended
18 to read:
19 Section 6. Qualifications, Tenure and Compensation of
20 Members of an Authority.--No more than two persons holding any
21 other paid public office shall be members of the same housing
22 authority at the same time. The members who are first appointed
23 shall serve for terms of one, two, three, four, and five years,
24 respectively, from the date of their appointment, as shall be
25 specified at the time of their appointment. Thereafter the term
26 of office shall be five years and the time of their appointment
27 may not occur prior to the first Monday in January of the year
28 in which the appointment is to commence. The two additional
29 members to be appointed in cities of the second class shall
30 serve for terms of five years and the time of their appointment
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1 may not occur prior to the first Monday in January of the year
2 in which the appointment is to commence. A member shall hold
3 office until his successor has been appointed. Vacancies for
4 unexpired terms shall be promptly filled by the appointing
5 power. A member may be removed for cause by the court of quarter
6 sessions of the county in which the Authority is located after
7 having been provided with a copy of the charges against him for
8 at least ten days and full hearing by the court. A member shall
9 receive no compensation for his services, but he shall be
10 entitled to the necessary expenses, including traveling expenses
11 incurred in the discharge of his duties.
12 Section 3. The addition of section 5.1 of the act shall
13 apply to members appointed on or after the effective date of
14 this section.
15 Section 4. This act shall take effect in 60 days.
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