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PRINTER'S NO. 966
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
860
Session of
2017
INTRODUCED BY GROVE, O'NEILL, READSHAW, SCHLOSSBERG, COX, FLYNN,
SAYLOR AND PHILLIPS-HILL, MARCH 16, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 16, 2017
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," in powers and duties of the
Governor and other constitutional officers and of the
Executive Board and of the Pennsylvania State Police,
providing for State trooper services contractual program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding a
section to read:
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Section 714. State Trooper Services Contractual Program.--
(a) This section shall apply to a municipality and adjacent
municipalities that:
(1) currently have or, prior to January 1, 2013, had an
organized police force or contracted police coverage through a
regional or municipal police department; and
(2) disband their organized police force or eliminate their
contracted police services.
(b) If subsection (a) applies, the municipality or adjacent
municipalities shall:
(1) enter into an agreement with the Pennsylvania State
Police for State trooper services; and
(2) agree to pay for the State trooper services.
(c) In order to implement this section, the Commissioner of
the Pennsylvania State Police shall enter into agreements with
boroughs and townships for the furnishing of police protection
by one or more State troopers on a contractual basis at agreed-
upon hours and locations.
(d) Moneys paid for the services under this section shall be
credited to a restricted account and used for the express
purpose of financing the services for which the contract price
was paid.
(e) For every two thousand hours annually contracted under
this section, one full-time State trooper shall not be counted
in determining the total number of officers and enlisted members
in the Pennsylvania State Police.
(f) A municipality with an agreement with the Pennsylvania
State Police for State trooper services before the effective
date of this section shall not be required to enter into a new
agreement in accordance with this section until one year after
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the effective date of this section.
(g) An agreement entered into prior to the effective date of
this section shall expire within one year of the effective date
of this section. Upon the expiration of an agreement under this
section, the following shall apply:
(1) The Pennsylvania State Police shall maintain its level
of State trooper services under the expired agreement if the
municipality fails to enter into a new agreement under this
section with the Pennsylvania State Police for State trooper
services or a regional or municipal police department for police
services.
(2) If the Pennsylvania State Police provides State trooper
services under paragraph (1), the municipality shall finance the
State trooper services by the highest amount as specified in an
agreement with a municipality of similar population size as
determined by the Commissioner of the Pennsylvania State Police.
If the Pennsylvania State Police has not entered into a contract
with a municipality of similar population size, the municipality
shall finance the State trooper services by the highest amount
as specified in an agreement between a municipality of similar
population size and a regional or municipal police department
for police services in the same county.
(h) If the municipality fails to enter into a new agreement
under this section with the Pennsylvania State Police for State
trooper services or a regional or municipal police department
for police services after three months from the date of the
expiration of an agreement under this section, the Commissioner
of the Pennsylvania State Police may assess additional fees on
the municipality as necessary to maintain current State trooper
services until the municipality enters into a new agreement
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under this section with the Pennsylvania State Police for State
trooper services or a regional or municipal police department
for police services.
(i) The Pennsylvania State Police shall promulgate rules and
regulations as may be necessary to implement this section and
the contractual agreements authorized by this section. The rules
and regulations shall:
(1) Require that, as a prerequisite to contracting for the
services of a State trooper, a municipality or adjacent
municipalities shall adopt a resolution or ordinance authorizing
the contractual arrangement with the Pennsylvania State Police
for the payment by the municipality or adjacent municipalities
of the costs incurred in connection with the provision of the
services under this section.
(2) Require State troopers to remain under the direct
control of the Pennsylvania State Police with supervision to be
provided by the commanding officer of the field installation
having jurisdiction over the municipality or adjacent
municipalities contracting for the State trooper services.
(3) Require that all organizational orders, regulations and
directives by the Pennsylvania State Police apply with full
force to the assigned State troopers.
(4) Prohibit the commanding officer of the field
installation from removing a State trooper assigned under this
section from the officer's area of jurisdiction during assigned
hours except in cases of emergency, in which case the governing
body of the contracting municipality or adjacent municipalities
shall be notified.
(5) Require State troopers to enforce 75 Pa.C.S. (relating
to vehicles), criminal laws of this Commonwealth and local
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ordinances regarding public safety pursuant to the agreement
with the municipality or adjacent municipalities.
Section 2. This act shall take effect immediately.
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