Pennsylvania State FOP - Legislative Report

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Fraternal Order of Police Pennsylvania State Lodge

Legislative Report

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Legislative Update

INFORMATION ON STATE BILLS SUPPORTED BY THE FOP:

To look up bills, go to: http://www.legis.state.pa.us and click on "Session Information" then type in the bill number or description.
NOTE: There will be additional legislation added during the session, and this is not meant to be a complete listing of all bills we support or oppose, but a highlight of some of the more important ones introduced so far.

Testimony before the Senate Finance Committee on SB 596, Statewide Municipal Police Pension - click here to read

Legislation passed:

Governor Rendell signed Act 37 of 2007 on July 17th that, among other things, removed the statute of limitations on prosecution for aggravated assault on police officers. The whole bill can be viewed at: Act 37 of 2007

Bills We Support:

SB 133 (Sen. Greenleaf): Provides for surviving spouses to receive education benefits. Senate Education Committee.

SB 318 (Sen. Rafferty): Amends the Administrative Code to increase the enlisted number of PA State Police officers to 4,310 (from 3,940), and requires PSP barracks to be open to the public and manned 24/7. Third consideration and final passage in Senate, May 1, 2007 (48-1). In the House: 2nd consideration, June 13, 2007; Re-committed to Appropriations Committee, June 13, 2007

SB 319 (Sen. Rafferty): Amends the Administrative Code by removing language limiting the size of the PA State Police to 3,940 officers and making a repeal (Companion Bill – HB 346 by Rep. Siptroth). Senate Law & Justice Committee.

SB 363 (Sen. Greenleaf): Establishes the Law Enforcement Officers' Bill of Rights Act. Senate Law & Justice Committee.

SB 450 (Sen. Rafferty): Amends Titles 18 and 42 providing for the offenses of assault and criminal homicide of a law enforcement officer and imposes penalties and prescribes sentences for the offenses. Third consideration and final passage in Senate, May 1, 2007 (47-2). Now in House Judiciary Committee.

SB 500 (Sen. Stack): Amends Title 18 allowing officers working narcotics cases in exigent circumstances to wear a body wire without court approval. Senate Judiciary Committee.

SB 527 (Sen. Orie): Law Enforcement Officer Residency Act. Prohibits municipal residency requirements. Senate Law & Justice Committee.

SB 556 (Sen. Kasunic): Amends Titles 24 and 71 providing for permanent cost-of-living (COLA) increases for retirees in SERS and PSERS. Senate Finance Committee.

SB 596 (Sen. Orie): Statewide pension system for municipal police officers Senate Finance Committee. (Rep. Grell will be offering a similar bill in the House).

SB 622 (Sen. Greenleaf): Establishes the Emergency and Law Enforcement Officer Hepatitis B Inoculation Act. Senate Public Health & Welfare Committee.

SB 647 (Sen. Logan): Amends 2nd Class County Code pension benefits for County Detectives by changing the current stipulation of age 60 with 20 or more years of service to age 50 with 20 years of service. First consideration, Oct. 24, 2007, Re-referred to Appropriations Oct. 29, 2007.

SB 766 (Sen. Rhoades): Amends Act 47 to have the plan coordinator set an expenditure goal for the bargaining unit. Local Government Committee.

HB 200 (Rep. Eachus): Provides an ad hoc COLA for all police officers retired for five years or more. House Finance Committee.

HB 350 (Rep. Reed): Amends Titles 24 and 71 provide for special supplemental annuities for certain annuitants. House Finance Committee.

HB 364 (Rep. Casorio): Amends Act 600 to allow for pension after 20 years of service and at age 50. House Local Govt. Committee.

HB 425 (Rep. Wojnaroski): Amends 3rd Class City Code further providing for retirement after 20 years of continuous service. Eliminating any age requirement. House Urban Affairs Committee.

HB 459 (Rep. Kauffman): Campus police officers may retire at age 50. House State Govt. Committee.

HB 465 (Rep. Dally): Amends Workers Compensation Act to cover Capitol Police, Liquor Enforcement, State Narcotic, Deputy Sheriffs and Sheriffs under Hepatitis “C”. Re-committed to House Appropriations, Oct. 15, 2007.

HB 554 (Rep. Dally): Amends the Municipal Police Pension Law providing for part-time service credit, which includes boroughs, towns, regional or townships. House Finance Committee.

HB 637 (Rep. Surra): Amends SERS to include Game and Waterway Conservation & Fisheries Officers. House Game Committee.

HB 639 (Rep. Cappelli): Requires municipal retirement systems to pay annual postretirement adjustments. House Finance Committee.

HB 694 (Rep. Vereb): Eliminates statute of limitations for aggravated assault of a law enforcement officer. House Judiciary Committee.
(Companion Bill – SB 451 by Sen. Rafferty).

HB 731 (Rep. Casorio): Repeals state statutory requirements for residency in a 2nd Class City (Pittsburgh). Re-committed to House Appropriations Committee 06/12/07.

HB 740 (Rep. DeLuca): Provides for the offense of homicide by vehicle while fleeing or attempting to elude a police officer. House Judiciary Committee.

HB 786 (Rep. Hutchinson): Extends the Heart and Lung Disability Benefits Act to include DCNR law enforcement officers. Re-referred to Appropriations Committee 05/21/07.

HB 888 (Rep. Casorio): Amends Act 600 to bring Police Officer pensions in line with that of State workers by providing 60% of the last 24 months of employment. House Finance Committee.

HB 971 (Rep. M. Smith): Amends the 3rd Class City Code to include overtime pay in pension calculation. House Labor Relations Committee.

HB 1025 (Rep. Casorio): Extends Hepatitis C as an occupational disease to cover Game and Fish, DCNR and Port Authority Officers.
Third consideration and final passage in the House, Nov. 14, 2007 (195-0).

HB 1044 (Rep. Cohen): Amends Title 53 to grant waivers of in-service training required to police officers due to service in the military or National Guard or as a result of injury sustained in service. Third consideration and final passage in the House, Jan. 14, 2008 (193-0).

HB 1075 (Rep. Dally): Amends Act 195, providing arbitration rights to officers of limited jurisdiction. House Labor Relations Committee.June 25, 2007.

HB 1166 (Rep. Shapiro): Designates a portion of Dreshertown Road in Montgomery County, as the Sergeant James R. Miller Memorial Highway. Second consideration, June 4, 2007. Re-committed to Appropriations, June 4, 2007. Re-reported as committed, June 11, 2007.

HB 1479 (Rep. Harper): Amends the Emergency and Law Enforcement Personnel Death Benefits Act, further providing for death benefit eligibility to state law enforcement officers. Referred to Finance, June 5, 2007

HB 1724 (Rep. M. Smith): Amends the Third Class City Code, further providing, in provisions relating to pensions, for definitions changing compensation for pension purposes to actual (W-2) pay amount. Referred to Finance, June 13, 2007

INFORMATION ON STATE BILLS OPPOSED BY THE FOP:

• Any legislation amending Act 111 of 1968, which governs the bargaining rights for many law enforcement officers.

Statewide update:

2006 Session testimony of State President Mark Koch on certain important issues:
Click on the links to read his testimony.
Urban Violence Testimony Violent Video Games Statewide Pension SB606/HB 1599
Heart & Lung Benefits for Sheriffs & Deputy Sheriffs SB 243 HB 1735 affecting PA State Police

PREVIOUS IMPORTANT STATE LEGISLATION THAT IS NOW LAW: (Click on Act to see complete bill)

ACT 107 of 2006 (SB 1169) - An Act designating a portion of State Route 279 in Allegheny County as the Pennsylvania State Police Cpl. Joseph R. Pokorny, Jr., Memorial Highway.

ACT 130 of 2006 (SB 1148) – REMOVE REMARRIAGE PENALTY – 2ND CLASS CITY An Act amending the act of May 22, 1935 (P.L.233, No.99), referred to as the Second Class City Policemen Relief Law, further providing for benefits for pensioners, surviving spouses, children and parents of police officers. This bill removed the remarriage penalty on surviving spouses in the City of Pittsburgh.

Act 162 of 2006 (HB 2563) - Amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, providing for possession of firearm for protection of self or others - The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Title 34 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:
Section 2525. Possession of firearm for protection of self or others.
(a) General rule.--It is lawful for a law enforcement officer or any person who possesses a valid license to carry a firearm issued under 18 Pa C.S. Section 6109 (relating to licenses) to be in possession of a loaded or unloaded firearm while engaged in any activity regulated by this title.
(b) Construction.--(1) This section shall supersede any prohibition on the possession of firearms or ammunition contained in any other provision of this title.
(2) This subsection shall not be construed to permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise permitted by this title.
(c) Definitions.--As used in this section, the followingwords and phrases shall have the meanings given to them in this subsection:
"Firearm." As defined in 18 Pa C.S. § 6102 (relating to definitions).
"Law enforcement officer." As defined in 18 Pa C.S. § 6102 (relating to definitions).

ACT 95 of 2006 (SB 243) - HEART & LUNG FOR SHERIFF/DEPUTY SHERIFFS - An Act amending the act of June 28, 1935 (P.L.477, No.193), referred

to as the Enforcement Officer Disability Benefits Law, extending the payment of the salary, medical and hospital expenses to sheriffs and deputy sheriffs

under certain circumstances.


ACT 113 of 2006 (HB 804) - AMENDING TITLE 75 (VEHICLE CODE) further providing for an electronic titling program, for suspension of registration 
upon sixth unpaid parking violation in cities of the first class, for unattended children in motor vehicles, for fleeing or attempting to elude police officer and

for exemption from additional requirements for highway occupancy permits for agricultural purposes; and providing for levy and imposition of surcharge in

cities of the first class.


Also: U.S. Congress:  H.R. 6407 Section 1001 now gives the U.S. Postal Police their powers under Title 18 instead of an appropriation act every year.

ACT 89 of 2005 (SB 394) MUNICIPAL POLICE PENSION SERVICE INCREMENTS:  
This bill increases the monthly benefit from $ 100 to $ 500 for any borough, town, township or regional police department. Signed into

Law Dec 22nd, 2005

ACT 79 of 2005  (HB 1057):OFF-DUTY AND RETIRED RIGHT TO CARRY ID AND QUALIFICATION: On July 22, 2004, United States President 
George W. Bush signed “The Law Enforcement Officers Safety Act” into law, which has become Federal Public Law 108-277.  To enable 
Pennsylvania Police Officers to comply with the required annual qualification and identification cards, this legislation provides a
statewide systematic standard of identification cards for purposes of complying with the Federal Law. Signed into Law Dec 13th, 2005.

ACT 59 of 2005 (HB875) 24 HOUR DEATH BENEFIT AND RAISES SURVIVING SPOUSE: Provides for a law enforcement officer who suffers a fatal heart attack or stroke while on duty, or not later than 24 hours after, participating in a physical training exercise or responding to an emergency, shall be presumed to have died as a result of the performance of his/her duties. Raises spouse benefit from 50K to 100K.
Signed into Law Oct 6th, 2005

ACT 30 of 2005 (SB 584) Disarming a Police Officer: This legislation now adds the penalty of disarming or attempting to disarm a police officer, as a crime in and of itself, with the grading of a Felony 3rd Degree. Signed into Law July 5th, 2005.

ACT 184 of 2004 (HB 798) Prohibiting Survivor Remarriage Penalty: Eliminating remarriage penalty for surviving spouses in 1st
Class Cities. Signed into Law Nov 30th 2004.

ACT 210 of 2004 (SB 931) Police Officer, Firefighter, Correction Employee and National Guard
Member Child Beneficiary Education Act - extends the Postsecondary Educational
Gratuity Program to certain children of sheriffs and deputy sheriffs. Signed into Law Nov 30th 2004.

ACT 65 of 2003 (SB 145) Provides for training for Law Enforcement Officers of limited jurisdiction (Act 195 departments)
Amended on third consideration, 10/28/03 to add the repeal of Title 53 Section 2166.1 (certain political activity). Signed into law Dec 30th 2003

2002-SPECIAL AD HOC MUNICIPAL POLICE AND FIREFIGHTER POSTRETIREMENT ADJUSTMENT: HB 1360 (Smith)
NOTE: Signed into law on 06/19/02. Read the final language: HB 1360      Click here to see the COLA Calculation Worksheet

2002-THIRD CLASS CITY SERVICE INCREMENTS: HB 1363 (Smith)
NOTE: Signed into law on 06/19/02. Read the final language: HB 1363

2002- ACT 600 AMENDMENTS: SB 16 was signed into law on 04/17/02, effective immediately. This bill establishes a minimum disability benefit of 50% of pay, 100% of pay for families of members killed in service, and eliminates the remarriage penalty for surviving spouses. Read the final language: SB 16

2001-HEPATITIS C added as an occupational disease under Worker's Compensation (amended Pennsylvania Occupational Disease Act of 1939). HOUSE BILL 1633 (Perzel) Final Passage in both Senate & House, and signed into law on 12/20/01. Effective immediately. Read the final language: HB 1633

2001-POLICE MEMORIAL: HB 829 had final passage and was signed into law on 12/10/01. The bill designates an area at the Capitol as "Emergency Responder Plaza." in honor of the Commonwealth's past and present police officers, law enforcement officials, firefighters and emergency medical services personnel- the public area between the Keystone Building and the State Museum on the grounds of the State Capitol in Harrisburg. A bronze plaque designating it as such will be erected by the Dept. of General Services.

2001-STATE POLICE INCREASE IN COMPLEMENT: SB 372 had final passage in the Senate, which concurred with the House amendments, was signed into law on 12/13/01. It reads: Section 205(B) of the ACT of APRIL 9, 1929 (P.L.177, NO.175), known as the adm number of Pennsylvania State Police members to les with the Pennsylvania Turnpike Commission or as Resident State Troopers Shall be EXCLUDED in determining such number. THIS ACT SHALL TAKE EFFECT IMMEDIATELY

Legislative Committee Representatives: President Mark Koch, John Ward, Leroy Anthony, John Fiorill, Sheryl Pierce, Joe Regan, Mike Lutz, Barry Rambo, Chuck Hanlon.

If you have any questions, please contact a member of the committee via spierce@pafop.com or through the FOP State Office. You can also find updates on the latest status of bills at: www.legis.state.pa.us
Please contact your legislators as soon as possible to express your support or opposition for these important bills: www.legis.state.pa.us.

SUPPORT YOUR POLITICAL ACTION COMMITTEE!
Send your individual voluntary contributions to:
PA Fraternal Order of Police Political Action Committee (PA FOP PAC)
2949 North Front Street
Harrisburg, PA 17110-1250

INFORMATION ON NATIONAL BILLS SUPPORTED BY THE FOP:
The Grand Lodge has identified four issues of critical importance to rank-and-file law enforcement. For more information on legislative issues from the Grand Lodge, go their website at: www.fop.net/legislative/priorities

Top Legislative Priorities for the 110th Congress

I. Social Security Issues

A. Support H.R. 82/S. 206, the "Social Security Fairness Act"

The FOP strongly supports legislation to restore full Social Security benefits for law enforcement officers by repealing both the "Windfall Elimination Provision" (WEP) and the "Government Pension Offset" (GPO).

B. Opposing any legislation that would require the participation of public employees in Social Security

The FOP also vehemently opposes legislation which would mandate participation in Social Security for current or newly hired public employees who participate in their own retirement systems and do not pay into Social Security.

II. Support H.R. 980, the "Public Safety Employer-Employee Cooperation Act"

The FOP strongly supports this legislation, which would guarantee the right of public employees to bargain collectively with their employers over hours, wages and conditions of employment. The bill mandates that each State pass laws providing minimum collective bargaining rights to their public safety employees and outlines certain provisions to be included in those laws. Strikes and lockouts are prohibited by the bill and States with collective bargaining laws already on the books will be exempt from the Federal statute.

III. Support H.R. 688/S. 449, the "State and Local Law Enforcement Officers' Discipline, Accountability and Due Process Act"

The FOP strongly supports a "bill of rights" for law enforcement officers who are, in a number of jurisdictions, denied their due process rights by police administrators and management in noncriminal proceedings. There is a need for a minimum level of procedural protections for law enforcement officers accused of administrative wrongdoing because of the gravity of potential harm to officers created by this lack of uniform safeguards.

For more information, please feel free to contact the National Legislative Office at (202) 547-8189 or via e-mail.

Important National Legislation now Law

H.R. 218, the “Law Enforcement Officers’ Safety Act,” was signed by President Bush. The bill exempts qualified active and retired law enforcement officers from State and local prohibitions with respect to the carrying of concealed firearms. For questions about the implementation of HR 218, click here SIGNED INTO LAW JUNE 22nd 2004.

Recording Secretary Phone: 1-800-706-9959
Recording Secretary Fax: 814-254-1727
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State Office Phone: 1-888-551-8125
or 717-236-6981
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