PRINTER'S NO. 1056
No. 963 Session of 1979
INTRODUCED BY S. E. HAYES, JR. AND IRVIS, APRIL 5, 1979
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 5, 1979
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for the
21 protection and maintenance of State grounds and buildings and
22 changing provisions relating to automobiles.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Subsections (a), (b) and (c) of section 2402, act
26 of April 9, 1929 (P.L.177, No.175), known as "The Administrative
27 Code of 1929," subsection (a) amended June 17, 1971 (P.L.163,
28 No.11) and subsections (b) and (c) amended March 28, 1961
1 (P.L.66, No.25), are amended to read:
2 Section 2402. Grounds, Buildings and Monuments in General.--
3 The Department of General Services shall have the power, and its
4 duty shall be:
5 (a) Subject to the powers by this act vested in the Board of
6 Commissioners of Public Grounds and Buildings, to control and
7 supervise the State Capitol Building, and the public grounds and
8 buildings connected with the State Capitol, including the State
9 Arsenal, [any building or buildings that may have been devised
10 or may hereafter be devised to the Commonwealth within the City
11 of Harrisburg, the Northwest Office Building now occupied by the
12 Pennsylvania Liquor Control Board, the Pittsburgh State Office
13 Building, the Philadelphia State Office Building, the Executive
14 Mansion and the Mansion of the Lieutenant Governor,] State
15 buildings, facilities and grounds owned or otherwise obtained
16 for the conduct of Commonwealth business when considered
17 necessary and upon approval of the Governor, and to make, or
18 supervise the making, of all repairs, alterations, and
19 improvements, in and about such grounds and buildings, including
20 the furnishing and refurnishing of the same, and also to have
21 general supervision over repairs, alterations, and improvements
22 [to all other buildings, lands, and property of the State]
23 thereto, except as in this act otherwise provided.
24 (b) To employ such captains, lieutenants, sergeants of
25 police, and police officers, as may be necessary to preserve
26 good order in [the Capitol grounds and buildings, Pittsburgh
27 State Office Building and grounds, Philadelphia State Office
28 Building and grounds,] State buildings, facilities and grounds
29 owned or otherwise obtained for the conduct of Commonwealth
30 business when considered necessary and upon approval of the
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1 Governor, and fix their compensation and their hours of
2 employment, which shall not be spread over more than five days
3 in any one week except in emergency: Provided, however, That the
4 number and compensation of such captains, lieutenants,
5 sergeants, and officers shall be subject to the approval of the
6 Governor. Such captains, lieutenants, sergeants and officers
7 shall be known as the Capitol Police and Commonwealth Property
8 Police.
9 (c) To employ such help as may be reasonably necessary for
10 the cleaning, care, and preservation of [the Capitol grounds and
11 buildings, Pittsburgh State Office Building and grounds,
12 Philadelphia State Office Building and grounds, and] State
13 buildings, facilities and grounds owned or otherwise obtained
14 for the conduct of Commonwealth business when considered
15 necessary and upon approval of the Governor, the furnishings
16 therein, and for operating the mechanical plants [in the Capitol
17 buildings, Pittsburgh State Office Building, Philadelphia State
18 Office Building and the Executive Mansion, and for service at
19 the Executive Mansion].
20 * * *
21 Section 2. Section 2407 of the act, amended June 3, 1943
22 (P.L.833, No.352), February 23, 1956 (P.L.1080, No.350) and
23 December 18, 1968 (P.L.1232, No.390), is amended to read:
24 Section 2407. Automobiles.--The Department of Property and
25 Supplies shall, upon the effective date of this act, take over,
26 and thereafter assume responsibility for, the maintenance and
27 operation of all automobiles owned by the Commonwealth, or any
28 legislative and administrative department, board, or commission
29 thereof, except the Department of Highways.
30 After the effective date of this act, all automobiles
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1 required for use by the legislative and administrative
2 departments, boards, commissions, and officers of the State
3 Government, shall be purchased by the Department of Property and
4 Supplies, but, in purchasing automobiles required for the use of
5 the Legislature or any department, board, or commission, having
6 authority to purchase automobiles out of money appropriated to
7 it, the Department of Property and Supplies shall act as
8 purchasing agency.
9 The Department of Property and Supplies shall make or
10 contract for the making of all repairs to automobiles owned by
11 the Commonwealth, except those operated by the Department of
12 Highways, unless in any case it shall specifically authorize the
13 Legislature or any department, board, commission, or officer, to
14 make or order the making of repairs to any specified
15 automobiles, and, except emergency repairs necessarily made
16 while any automobile is away from its garage.
17 The Department of Property and Supplies may assign to the
18 Legislature or any department, board, or commission, such
19 automobiles as may be required by it for full-time daily use,
20 and such automobiles shall be operated by employes of the
21 Legislature or such departments, boards, or commissions. The
22 department shall maintain a sufficient number of automobiles,
23 not assigned to the Legislature, departments, boards, or
24 commissions, to meet the requirements of departments, boards,
25 and commissions which do not require the full-time daily use of
26 automobiles, and to meet extraordinary and occasional demands of
27 the Legislature and all departments, boards, and commissions,
28 other than the Department of Highways. Such automobiles with or
29 without chauffeurs, shall be furnished to the Legislature,
30 departments, boards, or commissions, upon requisition of the
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1 Chief Clerks of the Senate and House of Representatives, the
2 heads of the respective departments, or of the executive
3 officers of the respective boards or commissions. This paragraph
4 shall not be construed to prohibit a State officer or employe
5 from being reimbursed for the use of his own automobile on State
6 business, but all such reimbursements shall be made under and
7 subject to the rules of the Executive Board regulating the
8 payment of expenses to State officers and employes.
9 The cost of oil, gasoline, tires, repair parts for and
10 repairs to automobiles permanently assigned to the Legislature
11 and departments, boards, and commissions, shall be paid out of
12 the appropriations to the Legislature and such departments,
13 boards, and commissions, but the Department of Property and
14 Supplies shall contract for all such oil, gasoline, tires,
15 repair parts, and repairs, except that repairs may be made by
16 the Department of Highways, and, if authorized as hereinbefore
17 provided, by other departments and by boards and commissions.
18 For the use of other automobiles, the Legislature, departments,
19 boards, and commissions shall be billed by the Department of
20 Property and Supplies upon a mileage basis, at such amount per
21 mile as the Department of Property and Supplies, with the
22 approval of the Governor, shall determine. Amounts payable for
23 the use of such automobiles shall be paid out of the
24 appropriations to the Legislature or such departments, boards,
25 or commissions to the Department of Property and Supplies, and
26 shall be, by it, paid into the General Fund of the State
27 Treasury, through the Department of Revenue.
28 The Department of Property and Supplies shall require every
29 administrative department, including the Department of Highways,
30 and every independent administrative and departmental
19790H0963B1056 - 5 -
1 administrative board or commission, to report to it monthly,
2 upon forms supplied by it, and with such detail as it shall
3 require, the places to and from which each automobile was
4 operated, the mileage traveled, the amount of oil and gasoline
5 purchased, the names of employes of the department, board, or
6 commission operating each automobile, the names of the employes
7 of the department, board, or commission for whom the automobiles
8 were operated, and such other information as may be necessary to
9 enable the Department of Property and Supplies to make and keep
10 complete records of the use and cost of operation of all State
11 automobiles, except that it shall not be necessary for the
12 Legislature, the Department of the Auditor General, the Treasury
13 Department, or the Pennsylvania State Police, to report the
14 places to and from which, or the names of the persons by or for
15 whom automobiles were operated.
16 The types and number of automobiles to be purchased by the
17 Department of Property and Supplies hereunder shall be subject
18 to approval by the Executive Board, and the use of automobiles
19 by State officers and employes shall be subject to the rules and
20 regulations of the Executive Board.
21 Subject to the approval of the Board of Commissioners of
22 Public Grounds and Buildings, the Department of Property and
23 Supplies may sell automobiles, owned by the Commonwealth, when
24 it deems it is in the public interest to do so. The proceeds of
25 such sales shall be paid into the State Treasury, shall be
26 credited to the appropriation to the department for the purchase
27 of automobiles, or to the Legislature or any department, board
28 or commission having authority to purchase automobiles with
29 money appropriated to it, and are hereby appropriated to the
30 respective department, board or commission for the purchase of
19790H0963B1056 - 6 -
1 automobiles.
2 Section 3. Subsections (a), (b), (c), (e), (g) and (h) of
3 section 2416 of the act, amended September 28, 1965 (P.L.553,
4 No.287), subsections (a), (b), (c), (e) and (h), amended
5 September 27, 1978 (P.L.775, No.149), are amended to read:
6 Section 2416. Capitol Police, Commonwealth Property Police
7 and Campus Police.--The Capitol Police, Commonwealth Property
8 Police and the Security or Campus Police of all State colleges
9 and universities, State aided or related colleges and
10 universities and community colleges shall have the power, and
11 their duty shall be:
12 (a) To enforce good order in State buildings, [and on State]
13 grounds [in Dauphin County, in the Pittsburgh State Office
14 Building and the grounds, in the Philadelphia State Office
15 Building and the grounds] and facilities owned or otherwise
16 obtained for the conduct of Commonwealth business when
17 considered necessary and upon approval of the Governor and in
18 the grounds and buildings of all State colleges and
19 universities, State aided or related colleges and universities
20 and community colleges;
21 (b) To protect the property of the Commonwealth in State
22 grounds, [and] buildings [in Dauphin County, in the Pittsburgh
23 State Office Building and grounds, in the Philadelphia State
24 Office Building and grounds] and facilities and in the grounds
25 and buildings of all State colleges and universities, State
26 aided or related colleges and universities and community
27 colleges;
28 (c) To exclude all disorderly persons from the premises of
29 [the] State Capitol [, State] grounds, buildings [in Dauphin
30 County, the Pittsburgh State Office Building and the
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1 Philadelphia State Office Building] and facilities and from the
2 grounds and buildings of all State colleges and universities,
3 State aided or related colleges and universities and community
4 colleges;
5 * * *
6 (e) To exercise the same powers as are now or may hereafter
7 be exercised under authority of law or ordinance by the police
8 departments of the cities [of Harrisburg, Pittsburgh and
9 Philadelphia,] and municipalities [in Dauphin County] wherein
10 State [buildings are] property is located and in municipalities
11 wherein said colleges, universities and community colleges are
12 located;
13 * * *
14 (g) To order off said grounds [and], out of said buildings
15 and facilities all vagrants, loafers, trespassers, and persons
16 under the influence of liquor, and, if necessary, remove them by
17 force, and, in case of resistance, carry such offenders before
18 an alderman, justice of the peace or magistrate; and
19 (h) To arrest any person who shall damage, mutilate or
20 destroy the trees, plants, shrubbery, turf, grass-plots,
21 benches, buildings or structures, or commit any other offense
22 within State buildings and facilities on State grounds [in
23 Dauphin County, the Pittsburgh State Office Building and
24 grounds, and the Philadelphia State Office Building and grounds,
25 the Executive Mansion,] and the grounds and buildings of all
26 State colleges and universities, State aided or related colleges
27 and universities and community colleges, and carry the offender
28 before the proper alderman, justice of the peace or magistrate
29 and prefer charges against him under the laws of the
30 Commonwealth.
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1 * * *
2 Section 4. This act shall take effect immediately.
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