HOUSE AMENDED PRIOR PRINTER'S NOS. 1094, 1435, 1505, PRINTER'S NO. 1889 1548, 1703, 1730
No. 871 Session of 2003
INTRODUCED BY WENGER, CORMAN, MADIGAN, THOMPSON, ROBBINS, KASUNIC, M. WHITE, EARLL, WAUGH, LEMMOND, RAFFERTY, TARTAGLIONE, COSTA, HELFRICK AND KITCHEN, JULY 15, 2003
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 19, 2004
AN ACT 1 Amending Title 22 (Detectives and Private Police) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 appointment by nonprofit corporations; providing for humane 4 society police officers' appointment, qualifications, 5 authority and discipline; conferring powers and duties on the 6 Department of Agriculture; establishing the Humane Society 7 Police Officer Advisory Board and the Humane Society Police 8 Officer Account; and making a related repeal. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 501(a) and (c) of Title 22 of the 12 Pennsylvania Consolidated Statutes are amended to read: 13 § 501. Appointment by nonprofit corporations. 14 (a) Appointment authorized.--Any nonprofit corporation, as 15 defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit 16 corporations) maintaining a cemetery or any buildings or grounds 17 open to the public, or organized for the prevention of cruelty 18 to children or aged persons [or animals], or one or more of such 19 purposes, may apply to the court of common pleas of the county
1 of the registered office of the corporation for the appointment 2 of such persons as the corporation may designate to act as 3 policemen for the corporation. The court, upon such application, 4 may by order appoint such persons, or as many of them as it may 5 deem proper and necessary, to be such policemen. 6 * * * 7 (c) Powers.--Such policemen, so appointed, shall severally 8 possess and exercise all the powers of a police officer in this 9 Commonwealth, in and upon, and in the immediate and adjacent 10 vicinity of, the property of the corporation. Policemen so 11 appointed for a corporation organized for the prevention of 12 cruelty to children or aged persons [or animals], or one or more 13 of such purposes, shall severally possess and exercise all the 14 powers of a police officer in any county in which they may be 15 directed by the corporation to act, and are hereby authorized to 16 arrest persons for the commission of any offense of cruelty to 17 children or aged persons [or animals]. The keepers of jails and 18 other places of detention in any county of this Commonwealth 19 shall receive all persons arrested by such policemen for 20 purposes of detention until they are dealt with according to 21 law. Every policeman appointed under this section, when on duty, 22 shall wear a metallic shield with the words "special officer" 23 and the name of the corporation for which appointed inscribed 24 thereon. 25 * * * 26 Section 2. Title 22 is amended by adding a chapter to read: 27 CHAPTER 37 28 HUMANE SOCIETY POLICE OFFICERS 29 Sec. 30 3701. Scope of chapter. 20030S0871B1889 - 2 -
1 3702. Definitions. 2 3703. Appointment required. 3 3704. Appointment by nonprofit corporations. 4 3705. Qualifications for appointment. 5 3706. Temporary appointment. <-- 6 3707. Suspension, revocation, limitation and 7 restriction of appointment; restoration of appointment. 8 3708. Termination of appointment. 9 3709. Powers and authority; jurisdiction. 10 3710. Penalties. 11 3711. Search warrants. 12 3712. Limitation on possession of firearms. 13 3713. Training program. 14 3714. Continuing education program. 15 3715. Statewide registry. 16 3716. Humane Society Police Officer Advisory Board. 17 3717. Humane Society Police Officer Account. 18 3718. Costs. 19 3719. Applicability to currently appointed individuals. 20 3706. SUSPENSION, REVOCATION, LIMITATION AND <-- 21 RESTRICTION OF APPOINTMENT; RESTORATION OF APPOINTMENT. 22 3707. TERMINATION OF APPOINTMENT. 23 3708. POWERS AND AUTHORITY; JURISDICTION. 24 3709. PENALTIES. 25 3710. SEARCH WARRANTS. 26 3711. LIMITATION ON POSSESSION OF FIREARMS. 27 3712. TRAINING PROGRAM. 28 3713. CONTINUING EDUCATION PROGRAM. 29 3714. STATEWIDE REGISTRY. 30 3715. HUMANE SOCIETY POLICE OFFICER ADVISORY BOARD. 20030S0871B1889 - 3 -
1 3716. HUMANE SOCIETY POLICE OFFICER ACCOUNT.
2 3717. COSTS.
3 3718. APPLICABILITY TO CURRENTLY APPOINTED INDIVIDUALS.
4 § 3701. Scope of chapter.
5 This chapter deals with humane society police officers.
6 § 3702. Definitions.
7 The following words and phrases when used in this chapter
8 shall have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Account." The Humane Society Police Officer Account
11 established in section 3717 3716 (relating to Humane Society <--
12 Police Officer Account).
13 "Agricultural animal." Any bovine animal, equine animal,
14 sheep, goat, pig, poultry, bird, fowl, wild or semiwild animal
15 or fish or other aquatic animal that is being raised, kept,
16 transported or utilized for the purpose of or pursuant to
17 agricultural production.
18 "Agricultural production." The production and preparation
19 for market of agricultural animals and their products and of
20 agricultural, agronomic, horticultural, silvicultural and
21 aquacultural crops and commodities.
22 "Board." The Humane Society Police Officer Advisory Board.
23 "Complainant." Any person who has evidence that an
24 individual appointed as a humane society police officer has
25 performed in a manner that is contrary to the standards,
26 requirements and qualifications prescribed in this chapter for
27 appointment of individuals as humane society police officers.
28 The term also includes a district attorney or a municipal
29 solicitor.
30 "Convicted." A finding or verdict of guilt, an admission of
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1 guilt or a plea of nolo contendere or receiving probation
2 without verdict, disposition in lieu of trial or an Accelerated
3 Rehabilitative Disposition in the disposition of felony charges.
4 "Cruelty to animals laws." The provisions of 18 Pa.C.S. §
5 5511 (relating to cruelty to animals).
6 "Department." The Department of Agriculture of the
7 Commonwealth.
8 "Humane society police officer." Any person who holds a
9 current appointment under this chapter to act as a humane
10 society police officer for a society or association for the
11 prevention of cruelty to animals. The term shall include an
12 individual who is an agent of a society or association for the
13 prevention of cruelty to animals as "agent" is used in 18
14 Pa.C.S. § 5511 (relating to cruelty to animals) provided that
15 individual holds a current appointment under this chapter.
16 "Secretary." The Secretary of Agriculture of the
17 Commonwealth.
18 "Serious misdemeanor." A criminal offense for which more
19 than one year in prison can be imposed as a punishment.
20 "Society or association." A nonprofit society or association
21 duly incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A
22 (relating to incorporation generally) for the purpose of the
23 prevention of cruelty to animals.
24 § 3703. Appointment required.
25 It shall be unlawful for any individual to hold himself forth
26 as a humane society police officer unless the individual has
27 obtained an appointment pursuant to this chapter.
28 § 3704. Appointment by nonprofit corporations.
29 (a) Application for appointment.--A society or association
30 may apply to the court of common pleas in a ANY county for the <--
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1 appointment of an individual as a humane society police officer
2 for that county. The court, upon such application WHICH INCLUDES <--
3 PROOF OF QUALIFICATION UNDER SECTION 3705 (RELATING TO
4 QUALIFICATIONS FOR APPOINTMENT), shall by order appoint such
5 person to be a humane society police officer.
6 (b) Oath.--Every individual appointed as a humane society
7 police officer pursuant to this chapter shall, before entering
8 upon the duties of the office, take and subscribe to the oath
9 required by Article VI of the Constitution of Pennsylvania.
10 § 3705. Qualifications for appointment.
11 An individual shall be qualified for an appointment as a
12 humane society police officer provided the society or
13 association submits proof satisfactory to the court of common
14 pleas in each county for which the society or association
15 directs the individual to act as a humane society police officer
16 that the individual meets all of the following requirements:
17 (1) Has been a resident of this Commonwealth for the
18 previous 12 months.
19 (2) Has successfully completed the training program
20 established pursuant to section 3713 3712 (relating to <--
21 training program).
22 (3) Has obtained a criminal history report from the
23 Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91
24 (relating to criminal history record information) or a
25 statement from the Pennsylvania State Police that the
26 Pennsylvania State Police central repository contains no
27 pertinent information relating to the individual who is the
28 subject of the application. The criminal history record
29 information shall be limited to that which may be
30 disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
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1 general regulations). 2 (4) Has not been convicted of an offense graded a felony 3 or a serious misdemeanor. 4 (5) Has not been convicted of any violation, including a 5 summary offense, of 18 Pa.C.S. § 5511 (relating to cruelty to 6 animals). 7 (6) Has not been convicted of an offense in another 8 jurisdiction, state, territory or country in accordance with 9 the laws of that jurisdiction, state, territory or country 10 equivalent to an offense graded a felony or a serious 11 misdemeanor or an offense of cruelty to animals. 12 § 3706. Temporary appointment. <-- 13 (a) Qualifications.--A society or association may petition a 14 court of common pleas in a county for temporary appointment of 15 an individual as a humane society police officer in that county, 16 provided that no other individual is currently appointed to act 17 as a humane society police officer from the society or 18 association and the individual meets all of the following 19 requirements: 20 (1) Has been a resident of this Commonwealth for the 21 previous 12 months. 22 (2) Holds a current appointment granted under this 23 chapter in another county located within this Commonwealth. 24 (3) Has obtained a criminal history report from the 25 Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91 26 (relating to criminal history record information) or a 27 statement from the Pennsylvania State Police that the 28 Pennsylvania State Police central repository contains no 29 pertinent information relating to the individual who is the 30 subject of the application. The criminal history record 20030S0871B1889 - 7 -
1 information shall be limited to that which may be 2 disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to 3 general regulations). 4 (4) Has not been convicted of an offense graded a felony 5 or a serious misdemeanor. 6 (5) Has not been convicted of any violation, including a 7 summary offense, of 18 Pa.C.S. § 5511 (relating to cruelty to 8 animals). 9 (6) Has not been convicted of an offense in another 10 jurisdiction, state, territory or country in accordance with 11 the laws of that jurisdiction, state, territory or country 12 equivalent to an offense graded a felony or a serious 13 misdemeanor or an offense of cruelty to animals. 14 (b) Term.--A temporary appointment under this section shall 15 expire at the end of six months or such time as the temporarily 16 appointed individual or any other individual is permanently 17 appointed by the court of common pleas to act as a humane 18 society police officer in the county, whichever is sooner. No 19 more than one temporary appointment shall be effective for any 20 society or association at any time. 21 § 3707 3706. Suspension, revocation, limitation and restriction <-- 22 of appointment; restoration of appointment. 23 (a) Grounds for suspension, revocation, limitation or 24 restriction.--By its own action or pursuant to a written 25 affidavit filed by a complainant, the court of common pleas may, 26 after conducting a hearing, suspend, revoke, limit or restrict 27 an appointment of an individual to act as a humane society 28 police officer in the county if the court determines any of the 29 following: 30 (1) Being convicted of a felony or a serious misdemeanor 20030S0871B1889 - 8 -
1 in any Federal or State court or being convicted of the 2 equivalent of a felony in any foreign country, territory or 3 possession. 4 (2) Being convicted of an offense of cruelty to animals 5 in any Federal or State court or being convicted of the 6 equivalent of a cruelty to animals offense in any foreign 7 country, territory or possession. 8 (3) Presenting false credentials or documents or making 9 a false or misleading statement in the application for 10 appointment or a certification of completion of additional 11 training or submitting an application for appointment or a 12 certification for completion of additional training 13 containing a false or misleading statement. 14 (4) Carrying or possessing a firearm in the performance 15 of his or her duties without certification pursuant to 16 section 3712 3711 (relating to limitation on possession of <-- 17 firearms). 18 (5) The individual has conducted his or her authority to 19 enforce animal cruelty laws in a manner that is substandard 20 of conduct normally expected of humane society police 21 officers. 22 (b) Notice to department.--Upon action by the court of 23 common pleas to refuse, suspend, revoke, limit or restrict an <-- 24 appointment, the clerk of courts of the county shall forward 25 such information to the department for the purpose of the 26 Statewide registry established pursuant to section 3715 3714 <-- 27 (relating to Statewide registry). 28 (c) Restoration.--The court of common pleas may restore a 29 suspended appointment of an individual if the individual 30 provides to the court evidence sufficient to warrant restoration 20030S0871B1889 - 9 -
1 and the court determines the grounds for suspension have been 2 satisfactorily corrected and the individual otherwise qualifies 3 for appointment. In restoring the appointment, the court may <-- 4 continue to impose limitations and corrective measures the court 5 determines to be necessary to ensure an individual's compliance 6 with the requirements of this chapter. 7 § 3708 3707. Termination of appointment. <-- 8 (a) General rule.--All powers and authority granted to an 9 individual under section 3709 3708 (relating to powers and <-- 10 authority; jurisdiction) shall immediately terminate upon notice 11 to the individual from the society or association for which 12 appointed that services are no longer required of the 13 individual. 14 (b) Notice to court.--The society or association must file 15 notice within ten days of a termination of an individual as a 16 humane society police officer with the clerk of courts in each 17 county in which the individual has been appointed as a humane 18 society police officer. 19 (c) Notice to department.--The society or association must 20 file notice within ten days of a termination of an individual as 21 a humane society police officer with the department for the 22 purpose of providing information relevant to the Statewide 23 registry established pursuant to section 3715 3714 (relating to <-- 24 Statewide registry). 25 § 3709 3708. Powers and authority; jurisdiction. <-- 26 (a) Authority limited to county of appointment.--An 27 individual appointed as a humane society police officer in 28 accordance with this chapter shall have power and authority to 29 exercise the powers conferred under 18 Pa.C.S. § 5511 (relating 30 to cruelty to animals) in enforcement of animal cruelty laws 20030S0871B1889 - 10 -
1 only within the particular county whose court of common pleas 2 issued the appointment. The individual has no power or authority 3 to exercise the powers conferred under 18 Pa.C.S. § 5511 in any 4 other county whose court of common pleas has not issued an 5 appointment. 6 (b) Notice to district attorney.--Prior to exercising the 7 power and authority set forth by this chapter within a county, 8 each appointed humane society police officer shall file notice 9 along with a copy of the appointment granted under this chapter 10 with the district attorney of the county. 11 (c) Shield.--Every individual appointed as a humane society 12 police officer under this chapter shall possess a metallic 13 shield with the words "humane society police officer" and the 14 name of the society or association for which the individual is 15 appointed displayed thereon. 16 (d) Photo identification.--Every individual appointed as a 17 humane society police officer under this chapter shall have a 18 photo identification card issued by the department that contains 19 the following: 20 (1) A photo of the individual taken within the previous 21 24 months. 22 (2) The name of the individual. 23 (3) The signature of the individual. 24 (4) The name of the society or association for which the 25 individual is appointed as a humane society police officer. 26 (5) The address and telephone number of the society or 27 association for which the individual is appointed as a humane 28 society police officer. 29 (6) The date of issuance of the photo identification 30 card. 20030S0871B1889 - 11 -
1 § 3710 3709. Penalties. <-- 2 (a) Criminal penalties.--A person who violates this chapter 3 commits a misdemeanor of the third degree and shall, upon 4 conviction, be sentenced to pay a fine of up to $1,000 or to 5 imprisonment for not more than 90 days, or both. 6 (b) Civil penalties.--In addition to any criminal penalties 7 or other civil remedy, a person, association or society who 8 violates this chapter may be subject to a civil penalty of up to 9 $1,000. 10 (c) Disposition.--All fines and civil penalties imposed in 11 accordance with this section shall be paid into the account. 12 § 3711 3710. Search warrants. <-- 13 Notwithstanding contrary provisions of 18 Pa.C.S. § 5511(1) 14 (relating to cruelty to animals) and in addition to the 15 requirements of existing law, all search warrant applications 16 filed in connection with alleged violations of cruelty to 17 animals laws must have the approval of the district attorney in 18 the county of the alleged offense prior to filing. 19 § 3712 3711. Limitation on possession of firearms. <-- 20 No individual appointed as a humane society police officer 21 shall carry, possess or use a firearm in the performance of that 22 individual's duties unless that individual holds a current and 23 valid certification in the use and handling of firearms pursuant 24 to at least one of the following: 25 (1) 53 Pa.C.S. Ch 21 Subch. D (relating to municipal 26 police education and training). 27 (2) The act of October 10, 1974 (P.L.705, No.235), known 28 as the Lethal Weapons Training Act. 29 (3) The act of February 9, 1984 (P.L.3, No.2), known as 30 the Deputy Sheriffs' Education and Training Act. 20030S0871B1889 - 12 -
1 (4) Any other firearms program that has been determined 2 by the Commissioner of the Pennsylvania State Police to be of 3 sufficient scope and duration as to provide the participant 4 with basic training in the use and handling of firearms. 5 § 3713 3712. Training program. <-- 6 (a) Required training.--Every individual, prior to the 7 society or association making application for appointment as a 8 humane society police officer, shall successfully complete the 9 minimum requirements for initial training prescribed in the 10 program for initial training of humane society police officers 11 established in accordance with subsections (b), (c), (d) and 12 (e). 13 (b) Contracts.--The secretary, with the advice of the board, 14 shall contract with an accredited college or university, 15 including a community college or other public or private entity 16 for the establishment of a program for the training of 17 individuals to act as humane society police officers. The 18 contracted entity shall forward information pertaining to an 19 individual's successful completion of the initial training 20 program to the department for the purpose of maintaining the 21 Statewide registry established pursuant to section 3715 3714 <-- 22 (relating to Statewide registry). 23 (c) Minimum requirements.--The program for the training of 24 humane society police officers shall include, at a minimum, 60 25 hours of instruction in accordance with subsection (d). 26 (d) Curriculum.--The program for the training of humane 27 society police officers shall provide instruction in the 28 following instructional areas: 29 (1) At least 36 hours of instruction shall be provided 30 on the following: 20030S0871B1889 - 13 -
1 (i) Pennsylvania cruelty to animal laws. 2 (ii) Pennsylvania Rules of Criminal Procedure. 3 (iii) Care and treatment of animals. 4 (iv) Proper execution of search warrants. 5 (v) Proper search and seizure practices. 6 (vi) Any other areas relating to law enforcement 7 duties. 8 (2) At least 24 hours of instruction shall be provided 9 on the following: 10 (i) Animal husbandry practices constituting normal 11 agricultural operation. 12 (ii) Practices accepted in the agricultural industry 13 in the raising, keeping and production of agricultural 14 animals. 15 (iii) Characteristics of agricultural animals likely 16 evidencing care that is in violation of the cruelty to 17 animal laws. 18 (iv) Proper care and handling of agricultural 19 animals pursuant to enforcement of the cruelty to animals 20 laws. 21 (v) Treatments administered and research conducted 22 during the normal scope of veterinarian practices. 23 (e) Final examination.--The training program shall require 24 individuals, as a prerequisite to successful completion of the 25 program, to take and pass a final examination that sufficiently 26 measures the individuals's knowledge and understanding of the 27 instructional material. 28 (f) Current officers.--Individuals who have been appointed 29 as humane society police officers prior to the effective date of 30 this chapter are exempt from the initial training requirements 20030S0871B1889 - 14 -
1 pursuant to this section provided that the individual can 2 provide proof to the secretary of successful completion of a 3 similar training program for humane society police officers 4 established under the act of December 12, 1994 (P.L.956, 5 No.135), known as the Humane Society Police Officer Enforcement 6 Act. 7 § 3714 3713. Continuing education program. <-- 8 (a) Required training.--During each two-year period 9 following the date in which an individual has been initially 10 appointed as a humane society police officer, the individual 11 shall successfully complete the minimum requirements for 12 additional training prescribed in the program for continuous 13 education of humane society police officers established in 14 accordance with subsections (b), (c), (d) and (e). 15 (b) Contracts.--The secretary, with the advice of the board, 16 shall contract with an accredited college or university, 17 including a community college, or other public or private entity 18 for the establishment of a continuing education program for the 19 training of individuals to act as humane society police 20 officers. The contracted entity shall forward information 21 pertaining to an individual's successful completion of the 22 continuing education program to the department for the purpose 23 of maintaining the Statewide registry established pursuant to 24 section 3715 3714 (relating to Statewide registry.) <-- 25 (c) Minimum requirements.--The continuing education program 26 for the training of humane society police officers shall 27 include, at a minimum, ten hours of instruction in accordance 28 with subsection (d). 29 (d) Curriculum.--The program for the training of humane 30 society police officers shall provide instruction in the 20030S0871B1889 - 15 -
1 following instructional areas:
2 (1) At least six hours of instruction shall be provided
3 on the following:
4 (i) Pennsylvania cruelty to animals laws.
5 (ii) Pennsylvania Rules of Criminal Procedure.
6 (iii) Care and treatment of animals.
7 (iv) Proper completion of search warrants.
8 (v) Proper search and seizure practices.
9 (vi) Any other areas relating to law enforcement
10 duties.
11 (2) At least four hours of instruction shall be provided
12 on the following:
13 (i) Animal husbandry practices constituting normal
14 agricultural operation.
15 (ii) Practices accepted in the agricultural industry
16 in the raising, keeping and production of agricultural
17 animals.
18 (iii) Characteristics of agricultural animals likely
19 evidencing care that is in violation of the cruelty to
20 animals laws.
21 (iv) Proper care and handling of agricultural
22 animals pursuant to enforcement of the cruelty to animals
23 laws.
24 (v) Treatments administered and research conducted
25 during the normal scope of veterinarian practices.
26 (e) Automatic suspension.--Failure to complete the
27 continuing education program as prescribed in subsection (a)
28 shall result in an individual's automatic suspension of the
29 powers and authority set forth in section 3709 3708 (relating to <--
30 powers and authority; jurisdiction) until such time as the
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1 individual successfully completes the continuing education 2 requirements. 3 § 3715 3714. Statewide registry. <-- 4 (a) Establishment.--There is hereby established a Statewide 5 registry within the department for the purpose of maintaining 6 information relating to individuals appointed as humane society 7 police officers. 8 (b) Access to registry.--The information included within the 9 Statewide registry shall be made accessible to the public 10 through the department's World Wide Web site and shall include 11 the following: 12 (1) The name of each individual appointed as a humane 13 society police officer. 14 (2) The name and address of the society or association 15 for which each individual is appointed as a humane society 16 police officer. 17 (3) The counties in which the individual has been 18 appointed as a humane society police officer and dates of 19 appointment. 20 (4) The counties in which the individual has had an 21 appointment revoked, suspended, limited or restricted, the 22 action taken by the court and dates of action. 23 (5) The dates of successful completion of the training 24 program established in section 3713 3712 (relating to <-- 25 training program) and the continuing education program 26 established in section 3714 3713 (relating to continuing <-- 27 education program). 28 (c) Updates.--The department shall update the registry 29 within ten days of receiving information required for inclusion 30 on the Statewide registry. 20030S0871B1889 - 17 -
1 (d) Confidential information.--At no time shall the home
2 address or any other related personal information of an
3 individual appointed as a humane society police office be made
4 public through the Statewide registry.
5 § 3716 3715. Humane Society Police Officer Advisory Board. <--
6 (a) Advisory board.--The secretary shall appoint a Humane
7 Society Police Officer Advisory Board to advise him in the
8 administration of this chapter.
9 (b) Membership.--The board shall consist of the following:
10 (1) The secretary or his designee, who shall act as a
11 chairman.
12 (2) A representative of a society or association for the
13 prevention of cruelty to animals.
14 (3) A humane society police officer.
15 (4) A representative of a Statewide veterinary medical
16 association.
17 (5) A representative of a farm organization.
18 (6) A district attorney or his designee.
19 (7) A representative of the police.
20 (8) A district justice.
21 (9) A court of common pleas judge or his designee.
22 (10) A clerk of courts.
23 (11) A REPRESENTATIVE OF THE PENNSYLVANIA GAME <--
24 COMMISSION.
25 (c) Terms.--The length of the initial term of each
26 appointment to the board shall be set by the secretary and shall
27 be staggered so that the terms of approximately one-third of the
28 appointments expire every other year.
29 (d) Absences.--Three consecutive unexcused absences from
30 regular board meetings or failure to attend at least 50% of the
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1 regularly scheduled board meetings in any calendar year shall be 2 considered cause for termination of appointment unless the 3 secretary, upon written request of the member, finds that the 4 member should be excused from attending a meeting because of 5 illness or death of a family member or for a similar emergency. 6 (e) Vacancies.--Vacancies in the membership of the board 7 shall be filled for the balance of an unexpired term in the same 8 manner as the original appointment. 9 (f) Recommendations.--The board may make nonbinding 10 recommendations to the secretary on all matters related to the 11 provisions of this chapter. 12 § 3717 3716. Humane Society Police Officer Account. <-- 13 (a) Establishment.--There is hereby established the Humane 14 Society Police Officer Account, a special restricted account 15 within the General Fund. 16 (b) Sources.--All money paid into the State Treasury under 17 the provisions of this chapter, including, but not limited to, 18 fees, fines, penalties and surcharges, shall be paid into the 19 Humane Society Police Officer Account. 20 (c) Purpose.--The department shall use the funds in the 21 account for the following: 22 (1) All expenses of the secretary and the department in 23 administering their duties under this chapter. 24 (2) All payments for promotional and educational 25 activities. 26 (3) All training and continuing education required under 27 sections 3713 (relating to training program) and 3714 3712 <-- 28 (RELATING TO TRAINING PROGRAM) AND 3713 (relating to 29 continuing education program). 30 § 3718 3717. Costs. <-- 20030S0871B1889 - 19 -
1 (a) Levy and imposition.--In addition to any fines, fees or 2 other penalties levied or imposed under this chapter or any 3 other statute, a cost of $50 shall be imposed upon conviction 4 for any violation of 18 Pa.C.S. § 5511 (relating to cruelty to 5 animals) other than a summary offense. Costs collected under 6 this subsection shall be disposed of in accordance with 7 subsection (b). 8 (b) Disposition.--Notwithstanding the provisions of 42 9 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines, 10 etc.) and 3573 (relating to municipal corporation portion of 11 fines, etc.), all costs imposed and collected under subsection 12 (a) by a division of the unified judicial system existing under 13 section 1 of Article V of the Constitution of Pennsylvania and 14 42 Pa.C.S. § 301 (relating to unified judicial system) shall be 15 remitted to the Commonwealth for deposit in the Humane Society 16 Police Officer Account established pursuant to section 3717 3716 <-- 17 (relating to Humane Society Police Officer Account). The costs 18 collected under subsection (a) shall not be used for any other 19 purpose. 20 § 3719 3718. Applicability to currently appointed individuals. <-- 21 Any individual appointed prior to the effective date of this 22 chapter as a humane society police officer in the county of the 23 registered office of the society or association for which the 24 individual was previously appointed shall not be required to 25 apply for appointment by the court of common pleas in that 26 county under this chapter. Such individual shall be required to 27 apply for appointment pursuant to section 3704 (relating to 28 appointment by nonprofit corporations) in each county other than 29 the initial county of appointment if directed by the society or 30 association. 20030S0871B1889 - 20 -
1 Section 3. The act of December 12, 1994 (P.L.956, No.135), 2 known as the Humane Society Police Officer Enforcement Act, is 3 repealed. 4 Section 4. This act shall take effect in 180 days. G8L03DMS/20030S0871B1889 - 21 -