SENATE AMENDED PRIOR PRINTER'S NOS. 686, 2295, 4097 PRINTER'S NO. 4322
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. A20L71JLW/19890H0618B4322 - 6 -