Constitutional Law

July 23rd, 2019 by Rieders Travis in Constitutional Law

CONSTITUTIONAL LAW-PENNSYLVANIA CONSTITUTION-ARTICLE IX-MUNICIPAL HOME RULE-PAID SICK DAYS ACT-SAFE AND SECURE BUILDINGS ACT Pennsylvania Rastaurant and Lodging Association v. City of Pittsburgh, 63 WAP 2017 (Pa. July 17, 2019) Wecht, J.  The Paid Sick Days Act (“PSDA”), 1 as its name suggests, entitles employees to accrue paid sick leave. The Safe and Secure Buildings Act (“SSBA”)2 imposes education and training obligations upon building owners and their employees in furtherance of disaster preparedness, counterterrorism, and related concerns. We are asked to consider whether these ordinances run afoul of the qualified statutory preclusion of local regulations that burden business. We hold that the PSDA does not exceed those limitations, and that the SSBA does exceed them.   In 1996, the General Assembly enacted the Home Rule Charter and Optional Plans Law, 53 Pa.C.S. §§ 2901-3171 (hereinafter, “the HRC”). Echoing Article IX, Section 2, of our Constitution, the HRC extends home-rule authority only to “function[s] not denied by the Constitution of Pennsylvania, by statute or by [the municipality’s] home rule charter.” Thus, no home rule charter may confer upon a home-rule municipality “power or authority” that is “contrary to or in limitation or enlargement of…