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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 686, 2295, 4097          PRINTER'S NO. 4322

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 618 Session of 1989


        INTRODUCED BY PITTS, NAILOR, VROON, DEMPSEY, D. W. SNYDER,
           REBER, JACKSON, FARGO, SCHEETZ, FLEAGLE, LEVDANSKY, HESS,
           WOGAN, FOX, HECKLER, CARLSON, TRELLO, MICOZZIE, BELARDI,
           ROBBINS, VEON, CIVERA, PHILLIPS, ITKIN, HALUSKA, MARKOSEK,
           NOYE, CAWLEY, JOHNSON, J. L. WRIGHT, GIGLIOTTI, DISTLER,
           LAUGHLIN, STUBAN, GRUPPO, OLASZ, CLYMER, BUNT, SERAFINI,
           SAURMAN, FLICK, MORRIS, E. Z. TAYLOR, MELIO, McVERRY, DeLUCA,
           GEIST, BARLEY, STAIRS, SEMMEL, MERRY, J. H. CLARK, BUSH AND
           HERSHEY, MARCH 6, 1989

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, NOVEMBER 14, 1990

                                     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," providing for resident
    21     State troopers.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:

     1     Section 1.  Section 205(b) of the act of April 9, 1929
     2  (P.L.177, No.175), known as The Administrative Code of 1929,
     3  amended December 28, 1972 (P.L.1649, No.349), is amended and the
     4  section is amended by adding a subsection to read:
     5     Section 205.  Pennsylvania State Police.--* * *
     6     (b)  The State Police Force shall consist of such number of
     7  officers and men, and shall be organized in such manner, as the
     8  Commissioner of Pennsylvania State Police, with the approval of
     9  the Governor, shall from time to time determine: Provided,
    10  however, That [during the fiscal year 1971-1972, the number of
    11  officers and men shall not exceed in the aggregate at any time,
    12  three thousand seven hundred ninety persons, and during the
    13  fiscal year 1972-1973 and thereafter,] the number of officers
    14  and men shall not exceed in the aggregate at any time three
    15  thousand nine hundred and forty persons. State policemen, both
    16  officers and men, assigned to duty with the Pennsylvania
    17  Turnpike Commission or assigned to duty as resident State
    18  troopers, shall not be counted in determining the total number
    19  of officers and men in the State Police Force.
    20     * * *
    21     (g)  The Pennsylvania State Police force shall include, but
    22  not be limited to, two underwater search teams, one of which
    23  shall be in eastern Pennsylvania and one of which shall be in
    24  western Pennsylvania.
    25     Section 2.  Section 712 of the act is amended by adding a
    26  subsection to read:
    27     Section 712.  The Pennsylvania State Police Force.--The
    28  various members of the Pennsylvania State Police are hereby
    29  authorized and empowered:
    30     * * *
    19890H0618B4322                  - 2 -

     1     (c)  To enforce municipal ordinances as well as all other
     2  laws, civil and criminal, in municipalities which have
     3  contracted for the services of a resident State trooper under
     4  section 713. Only the resident State trooper assigned to the
     5  municipality shall be empowered as provided in this section.
     6     Section 3.  The act is amended by adding a section to read:
     7     Section 713.  Resident State Trooper Program.--(a)  The
     8  Commissioner of the Pennsylvania State Police may appoint
     9  members of the regular Pennsylvania State Police Force to be
    10  resident State troopers, assigned on a regular basis to a
    11  municipality or adjacent municipalities which do not have an
    12  organized police force, if the municipality or municipalities
    13  agree to pay the entire cost of providing the resident State
    14  trooper service. Each resident State trooper shall have the same
    15  powers and be entitled to the same rights and subject to the
    16  same rules and regulations as other members of the State Police
    17  Force.
    18     (b)  In order to implement the resident State trooper
    19  program, the Commissioner of the Pennsylvania State Police is
    20  authorized to enter into agreements with boroughs and first and
    21  second class townships for the furnishing of police protection
    22  by one or more resident State troopers on a contractual basis.
    23  The contract price for such services shall be the full direct
    24  and indirect costs of providing the police protection as
    25  determined by the Commissioner of the Pennsylvania State Police,
    26  and moneys paid for the police services shall be credited to the
    27  General Fund and used for the express purpose of financing the
    28  services for which the contract price was paid. Fifty additional
    29  personnel are hereby authorized to meet the initial staffing
    30  requirements of the Pennsylvania State Police resulting from any
    19890H0618B4322                  - 3 -

     1  agreements executed pursuant to this subsection.
     2     (c)  The Commissioner of the Pennsylvania State Police shall
     3  promulgate such rules and regulations as may be necessary to
     4  implement the resident State trooper program and the contractual
     5  agreements authorized by this section. The rules and regulations
     6  shall:
     7     (1)  Allow adjacent municipalities to join together to
     8  request the services of and share in the costs of a resident
     9  State trooper. If more than one adjacent municipality shall
    10  request the services of a single resident State trooper, the
    11  Commissioner of the Pennsylvania State Police may determine that
    12  the geographic area is too large to be covered by one resident
    13  State trooper, and that one or more additional resident State
    14  troopers must be assigned in order to provide the geographic
    15  area with adequate police protection.
    16     (2)  Require that, as a prerequisite to applying for the
    17  services of a resident State trooper, a municipality or
    18  municipalities shall adopt a resolution or ordinance authorizing
    19  a contractual arrangement with the Pennsylvania State Police for
    20  the payment by the municipality or municipalities of the entire
    21  costs incurred in connection with the provision of the services,  <--
    22  with the Commonwealth being responsible for ten per centum of
    23  the costs.
    24     (3)  Require resident State troopers to remain under the
    25  direct control of the Pennsylvania State Police with supervision
    26  to be provided by the commanding officer of the field
    27  installation having jurisdiction over the municipality or
    28  municipalities contracting for the services of the resident
    29  State trooper. The commanding officer shall determine the number
    30  of supervisors for the resident State troopers assigned to his
    19890H0618B4322                  - 4 -

     1  field installation. Each resident State trooper shall operate
     2  out of his assigned field installation, which shall be his
     3  official duty station.
     4     (4)  Require all resident State troopers to reside within the
     5  geographic area served by the field installation having
     6  jurisdiction over the municipality or municipalities to which
     7  the resident State trooper is assigned.
     8     (5)  Require that all organizational orders, regulations and
     9  directives issued by the Pennsylvania State Police apply with
    10  full force to resident State troopers.
    11     (6)  Require such matters as the geographic area served,
    12  hours of duty and type of duties to be arranged by the commander
    13  of the field installation in cooperation with the governing body
    14  of the municipality or municipalities.
    15     (7)  Require that an on-duty resident State trooper not leave
    16  his assigned municipality or municipalities without the
    17  authorization of the commander of the field installation, and
    18  require that the commander not remove a resident State trooper
    19  from his area of jurisdiction during assigned hours except in
    20  cases of extreme emergency, in which case the governing body of
    21  the contracting municipality or municipalities shall be
    22  notified.
    23     (8)  Require resident State troopers to be in uniform at all
    24  times during assigned working hours, unless authorized by the
    25  commander of the field installation to work in civilian attire.
    26     (9)  Require resident State troopers to enforce all municipal
    27  ordinances of the contracting municipality or municipalities, as
    28  well as the Vehicle Code and criminal laws of this Commonwealth.
    29     (10)  Require that all supplies and equipment including
    30  vehicles, radios, etc., be obtained by the resident trooper from
    19890H0618B4322                  - 5 -

     1  the supervising field installation.
     2     (D)  THE PROVISIONS OF THIS SECTION SHALL EXPIRE DECEMBER 31,  <--
     3  1991.
     4     Section 4.  This act shall take effect in 60 days.


















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