HOUSE AMENDED PRIOR PRINTER'S NOS. 353, 760 PRINTER'S NO. 1094
No. 318 Session of 2007
INTRODUCED BY RAFFERTY, BOSCOLA, FONTANA, TARTAGLIONE, GORDNER, BRUBAKER, COSTA, GREENLEAF, STACK, MELLOW, BAKER, LOGAN, RHOADES AND WASHINGTON, MARCH 9, 2007
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 5, 2007
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," further providing for the 21 Pennsylvania State Police; and making a repeal. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 205 of the act of April 9, 1929 (P.L.177, 25 No.175), known as The Administrative Code of 1929, amended or 26 added July 25, 1963 (P.L.278, No.148), December 5, 1967
1 (P.L.673, No.313) and July 11, 1991 (P.L.73, No.12) and repealed 2 in part December 13, 2001 (P.L.903, No.100), is amended to read: 3 Section 205. Pennsylvania State Police.--(a) The 4 Pennsylvania State Police shall consist of a Commissioner, [a 5 Deputy Commissioner, the State police force, and the State 6 Highway Patrol] Deputy Commissioners and enlisted members, as 7 now authorized by law, which are hereby consolidated into one 8 force, to be known as the [State Police Force] Pennsylvania 9 State Police, and such chiefs, statisticians, clerks, experts 10 and other assistants, as the commissioner, with the approval of 11 the Governor, shall deem necessary for the work of the force. 12 (b) The [State Police Force] Pennsylvania State Police shall 13 consist of such number of officers and [men] enlisted members, 14 and shall be organized in such manner, as the Commissioner of 15 Pennsylvania State Police, with the approval of the Governor, 16 shall from time to time determine: Provided, however, That the 17 number of officers and [men] enlisted members shall not exceed 18 in the aggregate at any time [three thousand nine hundred and 19 forty] four thousand three hundred ten persons. State policemen, 20 both officers and [men] enlisted members, assigned to duty with 21 the Pennsylvania Turnpike Commission [or assigned to duty as 22 resident State troopers], Delaware River Toll Bridge Commission, 23 Gaming Enforcement and Liquor Control Enforcement shall not be 24 counted in determining the total number of officers and [men] 25 enlisted members in the [State Police Force] Pennsylvania State 26 Police. 27 (c) The members of the [State Police Force] Pennsylvania 28 State Police and the chiefs, statisticians, clerks, experts, and 29 other assistants, engaged in the work of the Pennsylvania State 30 Police shall be appointed by the commissioner, and shall receive 20070S0318B1094 - 2 -
1 such compensation as shall be fixed by the commissioner, with 2 the approval of the Governor, which compensation shall, however, 3 conform to the standards established by the Executive Board. 4 (d) Any member of the Pennsylvania State Police, except the 5 Commissioner and Deputy Commissioner, regardless of rank, who 6 has attained or who shall attain the age of sixty years, shall 7 resign from membership in the said police force: Provided, 8 however, That the provision of this paragraph shall not apply to 9 members of the State Police Force who upon attaining the age of 10 sixty years shall have less than twenty years of service. Upon 11 completion of twenty years of service, the provision of this 12 paragraph shall become applicable to such persons. 13 (e) No enlisted member of the Pennsylvania State Police 14 shall be dismissed from service or reduced in rank except by 15 action of a court martial board held upon the recommendation of 16 the Commissioner of the Pennsylvania State Police and the 17 Governor. 18 (f) All new cadets and troopers shall serve a probationary 19 period of eighteen months from date of original enlistment, 20 during which time they may be dismissed by the commissioner for 21 violations of rules and regulations, incompetency, and 22 inefficiency without action of a court-martial board or the 23 right of appeal to a civil court. 24 [(g) The Pennsylvania State Police force shall include, but 25 not be limited to, two underwater search teams, one of which 26 shall be in eastern Pennsylvania and one of which shall be in 27 western Pennsylvania.] 28 (h) A WITH THE EXCEPTION OF BARRACKS ASSIGNED TO THE <-- 29 PENNSYLVANIA TURNPIKE, ALL Pennsylvania State Police barracks 30 shall be open to the public and manned by an officer or civilian 20070S0318B1094 - 3 -
1 personnel twenty-four hours a day, seven days a week, except 2 when prevented by emergency. 3 Section 2. Repeals are as follows: 4 (1) The General Assembly declares that the repeal under 5 paragraph (2) is necessary to effectuate the amendment of 6 section 205 of the act. 7 (2) The act of December 13, 2001 (P.L.903, No.100), 8 entitled "An act repealing in part a limitation on the 9 complement of the Pennsylvania State Police," is repealed. 10 Section 3. This act shall take effect in 60 days. L26L71SFL/20070S0318B1094 - 4 -