Pennsylvania Act 1999-49 — GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - AMEND

Act text

GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - AMEND
                  Act of Nov. 24, 1999, P.L. 539, No. 49              Cl. 53
                             Session of 1999
                               No. 1999-49

     HB 115

                                  AN ACT

     Amending Title 53 (Municipalities Generally) of the Pennsylvania
        Consolidated Statutes, further providing for municipal police
        education and training; and limiting the application of
        certain municipal ordinances.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definitions of "police department" and
     "police officer" in section 2162 of Title 53 of the Pennsylvania
     Consolidated Statutes are amended to read:
      § 2162.  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:
        * * *
        "Police department."  Any of the following:
            (1)  A public agency of a political subdivision having
        general police powers and charged with making arrests in
        connection with the enforcement of the criminal or traffic
        laws. This paragraph includes the sheriff's office in a
        county of the second class.
            (2)  A campus police or university police department, as
        used in section 2416 of the act of April 9, 1929 (P.L.177,
        No.175), known as The Administrative Code of 1929, certified
        by the Office of Attorney General as a criminal justice
        agency under the definition of "criminal justice agency" in
        18 Pa.C.S. § 9102 (relating to definitions). This paragraph
        does not include a campus police or university police
        department of the State System of Higher Education and its
        member institutions.
            (3)  A railroad or street railway police department
        formed with officers commissioned under 22 Pa.C.S. Ch. 33
        (relating to railroad and street railway police) or any prior
        statute providing for such commissioning.
        "Police officer."  Any full-time or part-time employee of a
     city, borough, town, township, railroad or street railway
     police, campus police or university police or county police
     department assigned to criminal or traffic law enforcement
     duties; any deputy sheriff of a county of the second class; and,
     for the purpose of training only, security officers of a first
     class city housing authority. The term excludes persons employed
     to check parking meters or to perform only administrative duties
     and auxiliary and fire police.
        * * *
        Section 2.  Section 2168 of Title 53 is amended by adding a
     subsection to read:
      § 2168.  Automatic certification.
        * * *
        (d)  Railroad and street railway police.--Any railroad or
     street railway police officer who, as of the effective date of
     this subsection, has successfully completed a basic training
     course similar to that required under this chapter shall, after
     review by the commission, be certified as having met the basic
     requirements of this chapter. Any railroad or street railway
     police officer who, as of the effective date of this subsection,
     has not successfully completed a basic training course similar
     to that required under this chapter which qualifies the police
     officer for certification shall be able to perform the duties of
     a railroad or street railway police officer until certified by
     the commission, but no longer than one year from the effective
     date of this subsection.
        Section 3.  Section 2170(e) of Title 53 is amended to read:
      § 2170.  Reimbursement of expenses.
        * * *
        (e)  Payment of mandatory in-service training.--The
     commission may pay for the cost of mandatory in-service training
     for all police officers to the extent determined by the
     commission. However, [a] college [or], university, railroad and
     street railway police shall not be eligible for reimbursement of
     any expense under this section [incurred during campus or
     university police officer training].
        Section 4.  Chapter 21 of Title 53 is amended by adding a
     subchapter to read:
                               SUBCHAPTER E
                            EMPLOYEE BENEFITS
     Sec.
     2181.  Health insurance ordinances.
      § 2181.  Health insurance ordinances.
        An ordinance adopted by a municipality which requires or the
     effect of which is to require the provision of health insurance
     or other employee health care benefits shall not apply to a
     State-owned or State-related college or university.
        Section 5.  Any municipal ordinance in effect on the
     effective date of the addition of 53 Pa.C.S. § 2181 that is
     inconsistent with that section shall be void as it relates to a
     State-owned or State-related college or university.
        Section 6.  This act shall take effect as follows:
            (1)  The addition of 53 Pa.C.S. Ch. 21 Subch. E shall
        take effect immediately.
            (2)  This section shall take effect immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 24th day of November, A. D. 1999.

     THOMAS J. RIDGE