PRINTER'S NO. 1156
No. 1046 Session of 1987
INTRODUCED BY J. L. WRIGHT, JOHNSON, COWELL, VROON, COLAFELLA,
CLYMER, TRELLO, HECKLER, CORRIGAN, HAGARTY, BATTISTO, FOX,
WILSON, STEVENS, REINARD, NAHILL, KENNEY, BELFANTI, HALUSKA,
E. Z. TAYLOR, STAIRS, SAURMAN, R. C. WRIGHT, FISCHER,
PETRONE, FARMER, SEMMEL, SALOOM, J. TAYLOR, PETRARCA AND
PERZEL, APRIL 8, 1987
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 8, 1987
AN ACT
1 Creating a uniform photo identification card system for all
2 municipal police officers and municipal authority security
3 officers employed in this Commonwealth; requiring all
4 municipal police and municipal authority security officers to
5 carry uniform photo identification cards for public
6 identification purposes; creating a central computerized
7 registry of all municipal police officers employed in this
8 Commonwealth; creating educational programs to promote public
9 awareness of the municipal police identification card system
10 and municipal police registry; imposing additional
11 responsibilities on the Municipal Police Officers' Education
12 and Training Commission and the Department of Education and
13 the Department of Transportation; providing penalties; and
14 making an appropriation.
15 TABLE OF CONTENTS
16 Section 1. Short title.
17 Section 2. Legislative findings and purpose.
18 Section 3. Definitions.
19 Section 4. Uniform municipal police photo identification card
20 system.
21 Section 5. Centralized official municipal police registry.
22 Section 6. Information from registry.
1 Section 7. Administration of photo identification card system.
2 Section 8. Centralized official municipal police registry.
3 Section 9. Department of Transportation.
4 Section 10. Responsibilities of municipal police and security
5 officers and municipal police departments.
6 Section 11. Establishment of educational programs to promote
7 public awareness.
8 Section 12. Reports.
9 Section 13. Appropriation.
10 Section 14. Effective date.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title.
14 This act shall be known and may be cited as the Uniform
15 Municipal Police Identification Act.
16 Section 2. Legislative findings and purpose.
17 (a) Findings.--The General Assembly finds and declares as
18 follows:
19 (1) While the exact number is not known, it is estimated
20 that there are presently over 22,000 municipal police
21 officers employed in this Commonwealth by over 1,000
22 political subdivisions.
23 (2) Each employing municipality or municipal authority
24 presently establishes its own form of identification for its
25 municipal police officers.
26 (3) While uniforms and badges or shields are the normal
27 form of identification for municipal police officers, other
28 than detectives and municipal police officers working
29 undercover, the type of uniform and metal badge or shield
30 worn by municipal police officers presently employed by these
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1 over 1,000 political subdivisions varies considerably.
2 (4) Due to the public's ability to easily obtain metal
3 police badges from mail order catalogs and uniform and pawn
4 shops, as well as from other sources, there has been over the
5 years a considerable number of cases in Pennsylvania in which
6 individuals with criminal intent have, by displaying a metal
7 badge, misrepresented themselves as municipal police officers
8 in Pennsylvania.
9 (5) With increasing frequency, this misrepresentation
10 has resulted in violent acts being taken against unsuspecting
11 members of the general public, resulting in bodily harm and
12 even death.
13 (b) Purpose.--In order to provide the public in this
14 Commonwealth greater protection from individuals intent on
15 misrepresenting themselves as municipal police officers for
16 whatever purpose, it is the intent of this act to:
17 (1) Establish and have maintained by the Commonwealth a
18 centralized municipal police registry listing the names of
19 all municipal police officers currently employed at any given
20 time, and the name and address of the municipality or
21 municipal authority employing them.
22 (2) Create a uniform photo identification card for all
23 municipal police officers employed in this Commonwealth which
24 would include a recent photograph of the municipal police
25 officer, would have to be carried by the municipal police
26 officer at all times while on duty and would have to be
27 updated biennially.
28 (3) Establish educational programs to alert children in
29 this Commonwealth, as well as members of the general public,
30 to this new municipal police identification card system and
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1 of their right to request to see proper photo identification
2 prior to accompanying anyone identifying himself as a
3 municipal police officer or providing him access to their
4 residence, vehicle or place of business.
5 Section 3. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Commission." The Municipal Police Officers' Education and
10 Training Commission established pursuant to the act of June 18,
11 1974 (P.L.359, No.120), referred to as the Municipal Police
12 Education and Training Law.
13 "Municipal authority security officer." Any full-time or
14 part-time private police officer or security officer, as
15 authorized and described in section 10(ee) and (ff) of act of
16 May 28, 1937 (P.L.955, No.265), known as the Housing Authorities
17 Law, having the same powers and duties as a municipal police
18 officer employed in this Commonwealth and required to be trained
19 under the provisions of the Municipal Police Education and
20 Training Law.
21 "Municipal police department." Any bureau or department of a
22 political subdivision or municipal authority having general
23 police powers and charged with enforcing municipal ordinances
24 and with making arrests in connection with the enforcement of
25 criminal or traffic laws. The term shall include a political
26 subdivision or a municipal authority without a formal bureau or
27 department of police employing at least one police officer full
28 time or part time.
29 "Municipal police officer." Any full-time or part-time
30 employee of a city, borough, town, incorporated town, township
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1 or county police department required to be trained under the
2 provisions of the act of June 18, 1974 (P.L.359, No.120),
3 referred to as the Municipal Police Education and Training Law,
4 as well as all municipal authority security officers employed in
5 this Commonwealth and required to be trained under the
6 provisions of the Municipal Police Education and Training Act.
7 "Official State Seal." A State Seal identical to that
8 embossed on photo drivers' licenses currently issued by the
9 Department of Transportation.
10 "PennDOT." The Department of Transportation of the
11 Commonwealth.
12 "PennDOT photo license center." Any of the photo license
13 centers designated and authorized by the Department of
14 Transportation to prepare and issue photo drivers' licenses in
15 this Commonwealth.
16 "Photo identification card order form." A standard official
17 order form, to be prepared and initially supplied by the
18 commission and subsequently ordered by a municipal police
19 department, to be used in the procurement of a uniform photo
20 identification card for a municipal police officer employed
21 therein.
22 "Termination form." A standard official form prepared by the
23 commission which is to be submitted to the commission by a
24 municipal police department at the time of the termination of
25 employment of a municipal police officer employed therein.
26 "Termination of employment." The discontinuance of
27 employment as a municipal police officer due to death, health
28 problems, mandatory or voluntary retirement, forced removal or
29 voluntary self-removal.
30 Section 4. Uniform municipal police photo identification card
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1 system.
2 (a) Establishment.--There is hereby established in this
3 Commonwealth a uniform municipal police photo identification
4 card system to be administered by the commission. Photo
5 identification cards developed shall be issued biennially.
6 (b) Administration.--The program shall be developed and
7 administered by the commission pursuant to the requirements of
8 section 7.
9 (c) Cooperation.--The Department of Transportation and the
10 Department of Education shall cooperate with the commission in
11 the establishment and maintenance of the photo identification
12 card system established by this act, as required by sections 9
13 and 11 respectively.
14 (d) Utilization of uniform card.--All municipal police
15 officers employed in this Commonwealth after the effective date
16 of this act shall, with the exception of plainclothes municipal
17 police officers involved in undercover investigations, be
18 required to carry while on duty and present upon request, when
19 offering assistance to the public or when making an arrest, the
20 uniform photo identification card developed by the commission.
21 (e) Biennial renewal.--Municipal police officers shall
22 obtain a new photo identification card biennially pursuant to
23 the requirements of section 10.
24 Section 5. Centralized official municipal police registry.
25 (a) Establishment.--There is hereby established in this
26 Commonwealth a centralized official municipal police registry to
27 be administered by the commission.
28 (b) Administration.--The registry shall be developed and
29 maintained by the commission pursuant to the requirements of
30 section 8.
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1 (c) Cooperation.--All municipal police officers and
2 municipal police departments, as well as PennDOT, shall
3 cooperate with the commission in the establishment and
4 maintenance of the official municipal police registry as
5 required by sections 8 and 9 respectively.
6 Section 6. Information from registry.
7 The computerized registry established and maintained by the
8 commission pursuant to this act shall provide immediate and
9 accurate information relative to the current employment status
10 of all municipal police officers employed in this Commonwealth
11 at any given time, when the need for such verification shall
12 arise. The commission shall develop a policy with respect to
13 access to the registry by the media, other law enforcement
14 agencies and the general public.
15 Section 7. Administration of photo identification card system.
16 (a) Notification.--
17 (1) Within 90 days following the effective date of this
18 act, the commission shall be required to notify all municipal
19 police departments within this Commonwealth, in writing, of
20 the provisions of this act, the responsibilities of the
21 municipal police department and the responsibilities of all
22 municipal police officers employed by such department.
23 (2) Within 60 days of receipt of the written
24 notification from the commission, each municipal police
25 department shall notify the commission, in writing, of the
26 names of all full-time and part-time municipal police
27 officers employed by such department at that time, pursuant
28 to the requirements of section 10.
29 (b) Establishment of format.--
30 (1) The commission shall have six months from the
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1 effective date of this act to establish a standard format for
2 the photo identification card and to develop and have printed
3 a standard photo identification card order form.
4 (2) Prior to the termination of this initial six-month
5 period, the commission shall send the necessary number of
6 photo identification card order forms to each municipal
7 police department within this Commonwealth, based on the
8 information submitted by the municipal police departments to
9 the commission as required by subsection (a)(2).
10 (3) The photo identification card order form shall
11 consist of four color-coded single-page detachable copies.
12 Printed clearly on each detachable page of the four-page
13 order form shall be an indication as to who is to retain that
14 particular copy, and, in the case of the commission's copy,
15 the commission's current mailing address and who is
16 responsible for forwarding it to the commission.
17 (c) Municipal duty.--Upon receipt by the municipal police
18 department of the order forms from the commission, the police
19 chief or individual responsible for the direct supervision of
20 municipal police officers shall insure that the requested
21 information is typed on page one of the order form for each
22 municipal police officer employed by the municipality or
23 municipal authority and that the appropriate form is then
24 provided to each municipal police officer to have notarized and
25 to take to a PennDOT photo license center for processing
26 pursuant to section 9.
27 (d) Division of order form.--Upon surrender of the photo
28 identification card order form at the PennDOT photo license
29 center by the municipal police officer, and the taking of the
30 photograph, the order form is to be divided as follows:
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1 (1) One copy is to be sent by PennDOT to the commission.
2 (2) One copy is to be kept by PennDOT.
3 (3) One copy is to be kept by the employing municipal
4 police department.
5 (4) One copy is to be kept by the municipal police
6 officer for the personal record of the officer.
7 (e) Information on order form.--The information to be
8 provided on the photo identification card order form shall be as
9 follows:
10 (1) The municipal police officer's full name, Social
11 Security number, weight, height, race, date of birth, sex,
12 eye color and employment status, whether full time or part
13 time.
14 (2) A serial number issued by the commission identical
15 to the photo identification card order form number.
16 (3) Name, address and telephone number of the municipal
17 police department where the municipal police officer is
18 currently employed.
19 (4) Signature space for the municipal police officer.
20 (5) Signature space for the individual taking the
21 photograph at the PennDOT photo license center and the date
22 taken.
23 (6) Such other information as the commission may
24 require.
25 (f) Information on photo card.--The information under
26 subsection (e) shall also appear on the uniform photo
27 identification card developed by the commission. In addition,
28 the following information shall be present:
29 (1) The official State Seal of the Commonwealth.
30 (2) A standard color field, to be determined by the
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1 commission and changed biennially.
2 (3) The municipal police officer's official photo.
3 (4) The expiration date, which shall correspond to two
4 years from the date the information was entered onto page one
5 of the photo identification card order form.
6 (g) Biennial update.--The commission shall require that the
7 municipal police officer's photo and the information appearing
8 on the photo identification card be updated biennially and shall
9 notify all municipal police departments at the appropriate
10 times.
11 (h) Termination forms.--
12 (1) The commission, during the initial six months
13 following the effective date of this act, shall also develop
14 and have printed for distribution to all municipal police
15 departments, standard termination forms to be used at the
16 time of a municipal police officer's termination of
17 employment.
18 (2) At the time any employed municipal police officer
19 terminates employment for any reason, the municipal police
20 department employing that officer shall obtain from the
21 officer the photo identification card, which shall be
22 submitted by the municipal police department to the
23 commission, along with the termination form, pursuant to the
24 requirements of section 10(c).
25 (3) The commission, upon receipt of the termination form
26 and accompanying photo identification card from a municipal
27 police department, shall destroy the issued card and correct
28 its records and police registry accordingly.
29 (4) Municipal police officers who terminate employment
30 with one municipal police department and who are subsequently
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1 rehired by another municipal police department in this
2 Commonwealth shall surrender their current photo
3 identification cards required by this act at the time their
4 employment with the first police department is terminated.
5 Upon their employment by another municipal police department,
6 they shall follow the procedures provided under section 10(b)
7 to obtain a new photo identification card.
8 (i) Lost or stolen cards.--The commission shall be
9 responsible for the development of a policy for cases in which
10 municipal police photo identification cards are lost or stolen.
11 (j) Temporary surrender of card.--The commission shall be
12 responsible for the development of rules and regulations
13 governing the temporary surrender of a photo identification card
14 by a municipal police officer charged with a criminal offense or
15 in any other case which the commission may deem appropriate.
16 Section 8. Centralized official municipal police registry.
17 (a) Establishment.--The commission, through its own staff or
18 by contract, shall, within 12 months following the effective
19 date of this act, develop and implement a central computerized
20 data base for all municipal police officers employed in this
21 Commonwealth. This data base shall be referred to as the
22 Official Municipal Police Registry.
23 (b) Comprehensive record capability.--This centralized data
24 base is to provide a comprehensive record of all municipal
25 police officers employed in this Commonwealth and shall include,
26 but not be limited to, information delineated on the photo
27 identification card order form described in section 7(e).
28 (c) Information input.--
29 (1) The commission, upon receipt of its copy of the
30 photo identification
19870H1046B1156 - 11 -
1 card order form, as provided by section 9(b), shall cause
2 this information to be immediately entered into the computerized
3 municipal police registry maintained by the commission.
4 (2) All information obtained from the photo
5 identification cards system established by this act shall be
6 entered by the commission into the computerized central data
7 base no later than 12 months following the effective date of
8 this act.
9 (d) Record updates.--It shall be the responsibility of the
10 commission to update the employment record of all municipal
11 police officers employed in this Commonwealth biennially as new
12 photo identification cards are issued. Changes relative to
13 employment status resulting from the termination of employment
14 shall be entered into the computerized registry immediately upon
15 the commission's receipt of the termination form from the
16 municipal police department employing the affected municipal
17 police officer.
18 Section 9. Department of Transportation.
19 (a) Card preparation.--PennDOT shall authorize its existing
20 photo license centers to prepare and issue, biennially, a photo
21 identification card to each municipal police officer employed in
22 this Commonwealth upon the presentation by the municipal police
23 officer, at a PennDOT photo license center, of a notarized photo
24 identification card order form described in section 7(e),
25 pursuant to the procedures provided for in section 10(b).
26 (b) Signature and transmission of copies.--Upon the issuance
27 of the photo identification card to the municipal police
28 officer, the individual issuing the card for PennDOT shall sign
29 and date the appropriate copy of the order form acknowledging
30 the issuance of the card. This copy shall be sent by PennDOT to
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1 the commission for its records in order to insure that all
2 municipal police officers employed in this Commonwealth have
3 complied with the provisions of this act. One copy of the order
4 form so indicated shall be retained by PennDOT for its records.
5 The remaining two copies of the order form shall be given back
6 to the municipal police officer upon the issuance of the photo
7 identification card. One of these two copies so indicated is to
8 be retained by the municipal police officer for his personal
9 records, and one copy is to be returned to the municipal police
10 department where he is employed for its permanent record.
11 (c) Reimbursement.--The commission shall reimburse PennDOT
12 for all administrative and preparation costs incurred in
13 carrying out its responsibilities under this act, initially, and
14 in subsequent years, as updated photo identification cards are
15 issued.
16 Section 10. Responsibilities of municipal police and security
17 officers and municipal police departments.
18 (a) Listing of municipal police officers employed.--All
19 municipal police departments in this Commonwealth shall, within
20 60 days of receipt from the commission of a written description
21 of their duties and responsibilities and the responsibilities of
22 the municipal police officers employed by them, as required by
23 section 7(a)(1), prepare and submit in writing to the
24 commission, a list of names of all full-time and part-time
25 municipal police officers currently employed. Following the
26 receipt of this list, the commission shall mail to each
27 municipal police department submitting names the appropriate
28 number of photo identification card order forms. Additional
29 forms may be ordered from the commission by any municipal
30 department at the time any new municipal police officer is
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1 employed.
2 (b) Responsibilities of municipal police officers.--Upon
3 receipt by a municipal police officer of a photo identification
4 card order form pursuant to the procedures described in section
5 7(c), the municipal police officer shall have 15 days in which
6 to have the photo identification cards order form notarized and
7 to present the order form at a PennDOT photo license center for
8 processing and the issuance of a photo identification card as
9 provided for by this act.
10 (c) Termination of employment.--Upon the termination of
11 employment with a municipal police department, for any reason,
12 by a municipal police officer in possession of a photo
13 identification card issued pursuant to the requirements of this
14 act, the photo identification card shall be immediately
15 surrendered, by the municipal police officer or the estate, to
16 the municipal police department to be forwarded by the municipal
17 police department to the commission, along with the termination
18 form described in section 7(h)(1).
19 (d) Penalties.--
20 (1) Any municipal police officer who fails to obtain a
21 uniform photo identification card pursuant to the
22 requirements and time limitations established by this act, or
23 who upon termination of employment fails to immediately
24 surrender the photo identification card to the municipal
25 police department where he was last employed commits a
26 summary offense and shall be personally liable for the cost
27 of any subsequent photo identification cards which may be
28 issued to that municipal police officer.
29 (2) The failure of any municipal police department to
30 meet the requirements of this act shall result in that
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1 municipal police department being responsible for all costs
2 associated with the issuance of the initial photo
3 identification card for municipal police officers currently
4 employed, or for the cost of the issuance of all photo
5 identification cards issued in the future to municipal police
6 officers employed by the municipal police department, which
7 costs would normally be paid by the commission.
8 (3) Any person who forges or alters a uniform police
9 identification card as described in this act, or who is in
10 possession of a forged or altered card, commits a felony of
11 the second degree.
12 (e) Withholding of moneys for noncompliance.--In addition to
13 any other penalties, the Governor shall have the discretion to
14 withhold any and all moneys due the municipality served by the
15 municipal police department failing to meet the requirements of
16 this act, until the provisions of the act are fully complied
17 with to the satisfaction of the commission.
18 (f) Municipal costs.--The municipal police photo
19 identification card issued under provisions of this act shall be
20 provided at no cost to all municipal police officers employed in
21 this Commonwealth and shall be paid for by the commission except
22 as provided under section 10(d). All administrative costs
23 incurred by a municipal police department in complying with the
24 requirements of this act, including notarization costs
25 associated with the photo identification card order form, shall
26 be paid for by the respective municipal police departments.
27 Section 11. Establishment of educational programs to promote
28 public awareness.
29 (a) Cooperation.--The Department of Education and the
30 commission shall cooperate in the creation of educational
19870H1046B1156 - 15 -
1 programs to promote greater public awareness of:
2 (1) The new uniform municipal police photo
3 identification card system.
4 (2) The official municipal police registry.
5 (3) The public's right to request to see proper photo
6 identification prior to accompanying anyone identifying
7 himself as a municipal police officer or providing the
8 individual access to a residence, vehicle or place of
9 business.
10 (b) Commission education program.--The commission shall,
11 during the first 12 months immediately following the passage of
12 this act, prepare or have prepared, by contract, public
13 awareness educational programs to accomplish the objectives of
14 this section. These educational public awareness programs are to
15 begin 12 months following the effective date of this act and
16 shall continue as long as the commission deems necessary,
17 provided that funds are available.
18 (c) Assistance in development.--The Department of Education
19 shall assist the commission in the development of educational
20 programs to be implemented within the public and private
21 elementary and secondary schools of this Commonwealth. These
22 programs shall include, but not be limited to, written
23 literature, school assembly programs, films, etc. The commission
24 shall reimburse the Department of Education for any costs
25 incurred by the department in assisting the commission in the
26 preparation and implementation of the programs.
27 (d) Statewide disbursement.--In order to promote awareness
28 on the part of the general public of the objectives of this
29 section, the commission shall solicit the Statewide involvement
30 of appropriate community service groups and organizations, as
19870H1046B1156 - 16 -
1 well as statewide representatives of the media, in the
2 development of public service announcements for radio,
3 television and the print media, as well as advertising campaigns
4 and other public relations programs. The commission may
5 reimburse participants for any direct expenses incurred which
6 the commission deems appropriate.
7 Section 12. Reports.
8 The commission shall, at the end of 24 months following the
9 effective date of this act, provide a written report to the
10 General Assembly, which report shall:
11 (1) Itemize all expenses incurred to date and moneys
12 remaining from the initial appropriation, if any.
13 (2) Describe any problems associated with implementing
14 the provisions of this act and make recommendations for
15 resolving any problems.
16 (3) Estimate annual appropriations which will be needed
17 by the commission in the future to properly maintain and
18 update the municipal police photo identification card system
19 and registry established by this act.
20 Section 13. Appropriation.
21 The sum of $2,000,000, or as much thereof as may be
22 necessary, is hereby appropriated from the General Fund to the
23 Municipal Police Officers' Education and Training Commission for
24 the fiscal year July 1, 1987, to June 30, 1988, to pay for all
25 costs associated with meeting the requirements of this act.
26 Section 14. Effective date.
27 This act shall take effect immediately.
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