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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1221, 1642, 2477,        PRINTER'S NO. 3639
        2918, 3511

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1044 Session of 2007


        INTRODUCED BY COHEN, PETRONE, DALEY, FREEMAN, CALTAGIRONE,
           CASORIO, CLYMER, CURRY, DePASQUALE, FABRIZIO, FRANKEL,
           GEORGE, GIBBONS, GOODMAN, GRUCELA, HERSHEY, HORNAMAN, JAMES,
           KORTZ, KULA, MAHONEY, MANN, MARKOSEK, McGEEHAN, McILHATTAN,
           M. O'BRIEN, PALLONE, PARKER, PETRARCA, READSHAW, SABATINA,
           SCAVELLO, SIPTROTH, SOLOBAY, STABACK, YOUNGBLOOD and LENTZ,
           APRIL 10, 2007

        AS AMENDED ON SECOND CONSIDERATION, IN SENATE, APRIL 29, 2008

                                     AN ACT

     1  Amending Title 53 (Municipalities Generally) of the Pennsylvania
     2     Consolidated Statutes, further providing for powers and
     3     duties of the Municipal Police Officers' Education and
     4     Training Commission, for police training and for powers of     <--
     5     home rule charter counties.; and making an inconsistent        <--
     6     repeal of the Sheriff Fee Act. AND FOR POLICE TRAINING.        <--

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 2164(1) of Title 53 of the Pennsylvania
    10  Consolidated Statutes is amended to read:
    11  § 2164.  Powers and duties of commission.
    12     The powers and duties of the commission shall be as follows:
    13         (1)  To establish and administer the minimum courses of
    14     study for basic and in-service training for police officers
    15     and to revoke an officer's certification when an officer
    16     fails to comply with the basic and in-service training


     1     requirements or is convicted of a criminal offense or the
     2     commission determines that the officer is physically or
     3     mentally unfit to perform the duties of his office. [or
     4     determines that a police officer subject to section 2166.1
     5     (relating to prohibition on political activity) has engaged
     6     or participated in the conducting of political or election
     7     campaign activity in violation of that section.]
     8     * * *
     9     Section 2.  Sections 2167 and 2962 of Title 53 are amended by  <--
    10  adding subsections to read:
    11     SECTION 2.  SECTION 2167 OF TITLE 53 IS AMENDED BY ADDING A    <--
    12  SUBSECTION TO READ:
    13  § 2167.  Police training.
    14     * * *
    15     (d)  Mandatory waiver request.--If a police officer is unable
    16  to attend in-service training due to service in the military or
    17  National Guard or as a result of injury sustained in service as
    18  a police officer, the officer's employer shall request a waiver
    19  under section 2164(6) (relating to powers and duties of
    20  commission). A police officer whose employer fails to request a
    21  waiver as required under this subsection shall not be
    22  decertified unless, upon return to service, the officer fails to
    23  participate in such in-service training as the commission deems
    24  appropriate in accordance with this chapter and 51 Pa.C.S. Ch.
    25  75 (relating to professional and occupational licenses).
    26  § 2962.  Limitation on municipal powers.                          <--
    27     * * *
    28     (k)  Sheriff fees.--A county which adopts a home rule charter
    29  may establish by ordinance the fees, including commissions and
    30  mileage, to be received by the sheriff of the county from a
    20070H1044B3639                  - 2 -     

     1  person or the county requiring services of the sheriff.
     2     Section 3.  Section 2 of the act of July 6, 1984 (P.L.614,
     3  No.127), known as the Sheriff Fee Act, is repealed insofar as it
     4  is inconsistent with the addition of 53 Pa.C.S. § 2962(k).
     5     Section 4 3.  This act shall take effect in 60 days.           <--

















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