Pennsylvania State FOP - Legislative Report

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Fraternal Order of Police Pennsylvania State Lodge

Legislative Report

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Legislative Update

Legislative Update!

CISM bill signed by Governor Rendell.

The State FOP is proud to announce that its Critical Incident Stress Management (CISM) legislation has passed both the State House and Senate, and has been signed by the Governor. This legislation will significantly enhance the operation of CISM teams for law enforcement and other first responders by providing confidential status to intervention communications. Trained team members can intervene to assist law enforcement with CISM services without apprehension of receiving information in confidence that may be compromised at a later date.

Fact Sheet in Support of House Bill 2416 - Amending the Municipal Financial Recovery Act (Act 47 of 1987)

Senate Bill 369, Printer’s No. 1478, which extends the 100 percent service benefit to the families of ALL law enforcement officers killed in the line of duty, passed the House unanimously. Act No. 51 - Click here for text

President Neri, the FOP State Lodge, and our FOP Brothers and Sisters worked non-stop to protect the collective bargaining rights of our current and future members by fixing the devastating language added to House Bill 1828. Act No. 44 - Click here for text

Thank you to all the labor organizations involved in this fight, and to all FOP members and their families that called legislators. Together we can and did make a difference!

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.

Bills We Support:

senate bills:

SB 78 (Sen. Greenleaf): Amends the Police Officer, Firefighter, Correction Employee & National Guard Member Child Beneficiary Act, extending education benefits to surviving spouses. Senate Education Committee.

SB 218 (Sen. Greenleaf): Amends the Disease Prevention and Control Law of 1955, further providing for HIV testing of certain convicted offenders. Senate Judiciary Committee.

SB 225 (Sen. Tartaglione): Amends Title 42 (Judiciary & Judicial Procedure) to permit only municipalities with police departments to receive one-half of the fines from all tickets issued by PA State Police in that municipality. Senate Appropriations Committee.

SB 243 (Sen. Tomlinson): Amends Title 18 providing for the offense of aggravated assault by a person in custody. Senate Judiciary Committee.

SB 274 (Sen. Costa): Amends Second Class County Code, further defining "compensation"; and further providing for retirement board and for amount of retirement allowances. Senate Finance Committee.

SB 343 (Sen. Greenleaf): Act providing for prevention, detection, treatment & follow-up of Hepatitis B cases among state & local law enforcement officers, firefighters, emergency medical techs, ambulance attendants, & health professionals. Senate Public Health & Welfare Committee.

SB 384 (Sen. Folmer): Amends Title 51 (Military Affairs) providing for the offense of violation of Fort Indiantown Gap regulations and providing for the powers and duties of police officers employed at State military installations. Senate Veterans Affairs and Emergency Preparedness Committee.

SB 498 (Sen. Stack): Amends the Emergency and Law Enforcement Personnel Death Benefits Act, further providing for death benefit eligibility. Senate Labor & Industry Committee.

SB 499 (Sen. Stack): Provides for group life insurance to law enforcement officers and for the powers and duties of the Commissioner of the Pennsylvania State Police. Senate Banking & Insurance Committee.

SB 572 (Sen. Rafferty): Amends The Administrative Code of 1929, further providing for the Pennsylvania State Police; and repealing an act relating to limitation on complement of the Pennsylvania State police. Senate State Government Committee.

SB 573 (Sen. Corman): An Act amending Title 18 providing for the offense of failure to provide identification to law enforcement authorities. Last Action: Laid on the table, June 10, 2009 [Senate]

SB 572 (Sen. Rafferty): Amends The Administrative Code of 1929, further providing for the Pennsylvania State Police; and repealing an act relating to limitation on complement of the Pennsylvania State police. Senate State Government Committee.

SB 634 (Sen. Kasunic): Amends Title 71 (State Government) providing for permanent biannual cost-of-living increases for retirees. Senate Finance Committee.

SB 636 (Sen. Kasunic): Act requiring municipal retirement systems to pay for annual cost of living adjustments. Senate Finance Committee.

SB 751 (Sen. Rafferty): An Act amending The Administrative Code of 1929, further providing for the Pennsylvania State Police; and repealing an act relating to limitation on complement of the Pennsylvania State Police. Senate Law and Justice Committee.

SB 883 (Sen. Waugh): Establishes the Pennsylvania Law Enforcement Officer Alert System to use the electronic message boards of the department to request assistance of the motoring public in the provision of information which will assist law enforcement authorities in the apprehension of any perpetrator who assaults, wounds or kills a law enforcement officer, when that perpetrator is fleeing the crime scene in a vehicle. Senate Appropriations Committee.

SB 998 (Sen. Orie): Provides for the removal of the language from current law that requires police officers of a second class city to remain a resident of that city. Senate Law & Justice Committee.

SB 999 (Sen. Orie): The "Law Enforcement Officer Residency Act"; Eliminates residency requirements imposed by municipalities in order to serve in the capacity of a law enforcement officer in that municipality. Senate Law & Justice Committee.

SB 1172 (Sen. Stack): Provides for campus polices officers to bargain collectively under the act of July 23, 1970 (P.L.563, No.195). Senate Labor & Industry Committee.

House bills:

HB 181 (Rep. Cutler): Amends Title 34 (Game) further providing for powers and duties of enforcement officers and for resisting or interfering with an officer. Passed House, First Consideration in Senate and re-referred to Senate Appropriations Committee.

HB 306 (Rep. W. Keller): Amends the Pennsylvania Board of Probation and Parole Law, further providing for supervision by probation and parole officers. Last Action: Re-committed to House Appropriations Committee.

HB 331 (Rep. Readshaw): Amends an act extending benefits to police chiefs or head of police depts. of political subdivisions of PA who have been removed from bargaining units by the PA Labor Relations Board, further providing for salary of nonunion police officers. Passed House, in Senate Labor & Industry Committee.

HB 422 (Rep. Freeman): Amends the Housing Authorities Law, further providing for powers of authority. Passed House, First Consideration in Senate 03/24/10.

HB 466 (Rep. Conklin): Amends Title 42 (Judiciary and Judicial Procedure), imposing a surcharge in cases involving local police action. House Judiciary Committee.

HB 472 (Rep. Hanna): Amends Title 75 (Vehicles), providing for DCNR Officers authority to arrest or cite outside of State park or forest lands. House Transportation Committee.

HB 562 (Rep. Beyer): Amends Title 18 (Crimes & Offenses), further providing for grading the offense of impersonating a public servant. House Judiciary Committee.

HB 580 (Rep. Pallone): Amends Title 53 in municipal police education and training, further defining "police department" and "police officer"; and further providing for reimbursement of expenses and for payment of certain county costs. Passed the House, now in Senate Law & Justice Committee.

HB 610 (Rep. Kauffman): Amends Title 71 (State Government) defining "campus police officer"; and further defining "superannuation age". House State Government Committee.

HB 679 (Rep. Reed): Amends state statute to change campus police officers' superannuation age from 60 to 50. House State Government Committee.

HB 684 (Rep. Payne): Amends Title 18 (Crimes & Offenses) further providing for sentences for murder of a law enforcement officer. House Judiciary Committee.

HB 747 (Rep. Pallone): Imposes a fee on local governments without police departments for law enforcement services provided by the PA State Police. House Local Government Committee (discussed in House Appropriations & Local Government Committees).

HB 902 (Rep. Denlinger): Amends Title 71 (State Government) further providing for definitions and for creditable nonstate service. House Finance Committee.

HB 933 (Rep. Swanger): Amends Title 51 (Military Affairs) providing for the offense of violation of Fort Indiantown Gap regulations and providing for the powers and duties of police officers employed at State military installations. Passed House, First consideration in Senate 02/02/10, laid on table 03/17/10.

HB 981 (Rep. Hutchinson): Amends the Enforcement Officer Disability Benefits Law, extending Heart & Lung Act to cover Department of Conservation and Natural Resources law enforcement officers. House Environmental Resources and Energy Committee.

HB 1037 (Rep. Casorio): Amends law to make residency expectations voluntary for an officer working in Pittsburgh, which would be consistent with other municipal police officers obligations in the rest of the Commonwealth. House Urban Affairs Committee.

HB 1039 (Rep. Moul): Amends PA Municipal Retirement Law further providing for disability retirement of police officers. House Finance Committee.

HB 1179 (Rep. Casorio): Amends the act of May 29, 1956 (1955 P.L.1804, No.600), referred to as the Municipal Police Pension Law, further providing for length of service for pension eligibility at minimum 20 years with no age requirements. House Finance Committee.

HB 1180 (Rep. Casorio): Amends the Municipal Police Pension Law further regulating pension calculations. House Finance Committee.

HB 1181 (Rep. Casorio): Amends the Workers' Compensation Act further defining "occupational disease", to extend Hepatitis C coverage to waterway officers, wildlife conservation officers, port authority officers, and DCNR officers. House Labor Relations Committee.

HB 1244 (Rep. Belfanti): Amends Title 42 (Judiciary) providing for law enforcement officers of limited jurisdiction. House Appropriations Committee.

HB 1246 (Rep. Harper): Amends Emergency & Law Enforcement Personnel Death Benefits Act further providing for death benefit eligibility; & repealing certain provisions of the Municipal Police Pension Law & the Municipal Pension Plan Funding Standard & Recovery Act. House Finance Committee.

HB 1267 (Rep. Dally): Amends Hepatitis C law to include Capitol Police, Liquor Control Enforcement Officers with the PA State Police, Bureau of Narcotics Investigators with the Office of the Attorney General, Deputy Sheriffs and Sheriffs. House Labor Relations Committee.

HB 1269 (Rep. Dally): Amends Act 600 Municipal Police Pension Law, providing for part-time service credit. House Finance Committee.

HB 1271 (Rep. Dally): Amends Act 195, providing binding arbitration rights to officers of limited jurisdiction. House Labor Relations Committee.

HB 1287 (Rep. Casorio): An Act amending the act of June 5, 1941 (P.L.84, No.45), entitled "An act providing for and regulating the appointment, promotion and reduction in rank, suspension and removal of paid members of the police force in boroughs, incorporated towns and townships of the first class maintaining a police force of not less than three members - political activity bill. Passed House, referred to Senate Local Government Committee.

HB 1288 (Rep. Casorio):An Act amending the act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, further providing for removals from the police or fire force; and providing for certain incompatible offices - political activity bill. Passed House, referred to Senate Local Government Committee.

HB 1289 (Rep. Casorio):An Act amending the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, further providing for removals, suspensions or reductions in rank of persons employed in police or fire force; and providing for certain incompatible offices - political activity bill. Passed House, referred to Senate Local Government Committee.

HB 1332 (Rep. Gergely): Amends Title 42 (Judiciary and Judicial Procedure) providing for confidential communications to a critical incident stress management team member by law enforcement officers, firefighters, first responders and corrections officers. Passed House, in Senate Appropriations Committee.

HB 1379 (Rep. Yudichak): An Act providing for State assistance grants to municipalities for regionalizing police operations; imposing powers and duties on the Center for Local Government Services; and making an appropriation. House Local Government Committee.

HB 1398 (Rep. Gergely): Amends Title 30 (Fish) further providing for Act 111 for waterways patrolmen. House Game & Fisheries Committee.

HB 1500 (Rep. Sturla): Imposes a fee for municipalities for patrol services provided by the PA State Police. House Appropriations Committee.

HB 1513 (Rep. Harkins): Amends the Enforcement Officer Disability Benefits Law, extending benefits to certain employees of the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission. House Game & Fisheries Committee.

HB 1534 (Rep. Perzel): An Act establishing and providing for the administration of the Commonwealth Officer Program and the Commonwealth Officer Fund; (Hire 10,000 Officers). House Judiciary Committee.

HB 1976 (Rep. Williams): Provides for campus polices officers to bargain collectively under the act of July 23, 1970 (P.L.563, No.195). House Labor Relations Committee.

HB 2316 (Rep. Staback): Amends Titles 18, 30 and 34 making it an offense to assault a wildlife conservation officer or deputy and a waterways conservation officer or deputy   House Appropriations Committee.

HB 2324 (Rep. Murphy): Allows for the buyback of military service for police officers in Scranton. House Finance Committee.

HB 2416 (Rep. Gergely): Amends Act 47 to protect collective bargaining in distressed municipalities and cities. House Labor Relations Committee.

Fact Sheet in Support of House Bill 2416 - Amending the Municipal Financial Recovery Act (Act 47 of 1987)

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.

Any legislation that would be a shift from defined benefit to a defined contribution for benefits.

Letter to all PA FOP Members urging immediate action to stop passage of amended HB 1828

Letter by President Neri to State Senators opposing amended HB 1828

Letter by President Neri to State Representatives on pension bills - HB 1874 and HB 1884

Letter to Governor Rendell regarding FOP State Employees Pay

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

ACT 37 of 2007 - This bill, among other things, removed the statute of limitations on prosecution for aggravated assault on police officers.

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: Chairman Mark Koch, Joseph Regan, John Fiorill, Gene Blagmond, Chuck Hanlon, and Jim Walsh.

If you have any questions, please contact a member of the committee via mkoch@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 111th Congress

I. Social Security Issues

A. Support H.R. 235/S. 484, 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. 424/S. 3194, 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. 1972, the "Law Enforcement Officers' Procedural Bill of Rights 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.
IV. Support H.R. 673, the "Law Enforcement Officer's Equity Act"
The FOP strongly supports legislation expanding the definition of "law enforcement officer" for salary and retirement benefits to include all Federal law enforcement officers.

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.