PRINTER'S NO. 19
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
29
Session of
2023
INTRODUCED BY STRUZZI, GILLEN, HAMM, JAMES, JOZWIAK, KUTZ,
MENTZER, ORTITAY, ROWE AND ZIMMERMAN, MARCH 7, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 7, 2023
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, in powers, duties and
rights of appointed officers and employees, further providing
for definitions and for appointments of police and fire
apparatus operators.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1170 of Title 8 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 1170. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." A civil service commission established under
section 1172(a) (relating to civil service commission).
* * *
Section 2. Section 1171(a) of Title 8 is amended and the
section is amended by adding a subsection to read:
§ 1171. Appointments of police and fire apparatus operators.
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(a) Nonapplicability of subchapter.--[This] Except as
provided for under subsection (a.1), this subchapter shall not
apply to:
(1) a borough that has a police force of less than
[three] 10 members;
(2) a borough that has a police force of [three] 10 or
more members if those members in excess of [two] nine are
appointed on a temporary basis through a federally funded
program;
(3) a volunteer fire department or company that employs
its own operators; or
(4) a borough that has less than three salaried fire
apparatus operators.
(a.1) Exception for police forces with fewer than 10
members.--If a borough's police force has fewer than 10 members
after the effective date of this subsection:
(1) The borough may not use a commission to hire a new
member of the police force.
(2) The provisions of this subchapter shall apply to a
member of the police force who was hired by a commission
prior to the effective date of this subsection.
(3) The borough may discharge the commission under this
subchapter when the borough's police force has no members
hired by the commission unless sooner provided for in a
collective bargaining agreement.
(4) The act of June 15, 1951 (P.L.586, No.144), entitled
"An act regulating the suspension, removal, furloughing and
reinstatement of police officers in boroughs and townships of
the first class having police forces of less than three
members, and in townships of the second class," shall apply
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to a suspension, removal, furloughing or reinstatement of a
member of the police force not hired by a commission.
* * *
Section 3. This act shall take effect in 60 days.
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