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                                                      PRINTER'S NO. 4876

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 3068 Session of 2006


        INTRODUCED BY PERZEL, SCAVELLO, ADOLPH, ALLEN, BALDWIN, BEYER,
           BLAUM, BOYD, BUNT, CALTAGIRONE, CAPPELLI, CIVERA, COSTA,
           DENLINGER, DeWEESE, DiGIROLAMO, DIVEN, FICHTER, GANNON,
           GEIST, GILLESPIE, GOODMAN, HESS, JAMES, W. KELLER, KENNEY,
           KILLION, MAJOR, MARSICO, McILHINNEY, S. MILLER, O'BRIEN,
           O'NEILL, PICKETT, PISTELLA, PYLE, QUIGLEY, RAMALEY, RAYMOND,
           READSHAW, REED, REICHLEY, SABATINA, SANTONI, SOLOBAY, SONNEY,
           T. STEVENSON, E. Z. TAYLOR, J. TAYLOR, TIGUE, TRUE, WALKO,
           WATSON, ZUG AND PHILLIPS, OCTOBER 23, 2006

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 2006

                                     AN ACT

     1  Establishing and providing for the administration of the
     2     Commonwealth Officer Program and the Commonwealth Officer
     3     Fund; providing for duties of the Office of Attorney General;
     4     lapsing certain funds; and making an appropriation.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Commonwealth
     9  Officer Act.
    10  Section 2.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Fund."  The Commonwealth Officer Fund established in section
    15  4.


     1     "Police department."  A public agency of a municipality
     2  having general police powers and charged with making arrests in
     3  connection with the enforcement of criminal or traffic laws. The
     4  term includes a regional police department organized under 53
     5  Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
     6  cooperation).
     7     "Police officer."  A full-time active sworn officer employed
     8  by a municipality and assigned to criminal law enforcement or
     9  traffic duties in a specific uniformed police district within a
    10  municipality. The term does not include:
    11         (1)  Auxiliary and fire police.
    12         (2)  Persons assigned to transportation centers.
    13         (3)  Persons employed to check parking meters or to
    14     perform only administrative duties.
    15         (4)  Persons on special detail or on restricted or
    16     limited duty.
    17     "Program."  The Commonwealth Officer Program established
    18  under section 3.
    19     "Salary."  Includes base pay and health benefits. The term
    20  does not include overtime, longevity or pension compensation.
    21  Section 3.  Program.
    22     The Commonwealth Officer Program is hereby established in the
    23  Office of Attorney General. The goal of the program is to
    24  provide State support to communities throughout this
    25  Commonwealth to hire 10,000 new police officers by the year
    26  2011. The Office of Attorney General shall do the following:
    27         (1)  Administer the program.
    28         (2)  Review, approve and award grants to applicants under
    29     the program.
    30  Section 4.  Fund.
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     1     There is hereby established in the State Treasury a special
     2  fund to be known as the Commonwealth Officer Fund. Deposits in
     3  the fund shall include moneys appropriated pursuant to section 9
     4  and other moneys appropriated to the fund. All moneys deposited
     5  in the fund and interest which accrues from those funds are
     6  appropriated on a continuing basis for the purposes of this act.
     7  Section 5.  Dedication of funding.
     8     (a)  Priority.--The Office of Attorney General shall allocate
     9  the moneys available in the fund in the following order of
    10  priority:
    11         (1)  Rural municipalities employing fewer than ten police
    12     officers.
    13         (2)  Municipalities in counties with the highest
    14     percentage of total crimes reported Statewide as recorded in
    15     the Pennsylvania Uniform Crime Reporting System.
    16         (3)  Municipalities in counties having the largest
    17     population.
    18     (b)  Formula.--The Office of Attorney General shall develop a
    19  formula for award of program grants which uses a county's
    20  existing number of police officers, crime rate and population to
    21  achieve the funding priority under subsection (a).
    22  Section 6.  Applications.
    23     (a)  Submission.--A county may submit an application to the
    24  Office of Attorney General for a program grant. An application
    25  shall:
    26         (1)  Include a commitment from the county to invest
    27     matching funds in the program.
    28         (2)  Include a commitment from a municipality selected by
    29     the county to receive a program grant to invest matching
    30     funds in the program.
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     1     (b)  Minimum matching funds required.--A county receiving a
     2  program grant shall commit matching funds in an amount
     3  equivalent to no less than 30% of the total grant to the county.
     4  A municipality selected by the county to receive grant funds
     5  shall commit matching funds in an amount equivalent to no less
     6  than 20% of the municipality's grant.
     7     (c)  Exemption.--The Office of Attorney General shall waive
     8  the matching funds requirement at the request of a county or
     9  municipality during the first year of program implementation.
    10  Section 7.  Use of funds.
    11     A municipality selected by the county to receive grant funds
    12  shall use the funds to do any of the following:
    13         (1)  Hire new police officers. Any new position
    14     established must be funded for a minimum of 20 years. During
    15     the first four years following implementation of the program,
    16     funds must be used to hire new police officers. Following the
    17     fourth year of implementation, funds shall be used to pay
    18     officers' salaries at the rate of $25,000 per year per
    19     officer.
    20         (2)  Use up to 50% of the State funds received for
    21     recruiting, training, equipment or other costs associated
    22     with maintaining a full-time complement of police officers.
    23  Section 8.  Lapse.
    24     Funds from the following appropriations shall lapse to the
    25  General Fund:
    26         (1)  $10,000,000 from the appropriation for the
    27     Commonwealth Technology Services under section 202 of the act
    28     of July 2, 2006 (P.L.    , No.2A), known as the General
    29     Appropriation Act of 2006.
    30         (2)  $11,500,000 from the appropriation for the Senate
    20060H3068B4876                  - 4 -     

     1     Caucus Operations Account (R) under section 251 of the
     2     General Appropriation Act of 2006.
     3         (3)  $11,500,000 from the appropriation for the Senate
     4     Caucus Operation Account (D) under section 251 of the General
     5     Appropriation Act of 2006.
     6         (4)  $11,500,000 from the appropriation for the House of
     7     Representatives Legislative Management Account (R) under
     8     section 252 of the General Appropriation Act of 2006.
     9         (5)  $11,500,000 from the  House of Representatives
    10     Legislative Management Account (D) under section 252 of the
    11     General Appropriation Act of 2006.
    12  Section 9.  Appropriation.
    13     The sum of $56,000,000, or as much thereof as may be
    14  necessary, is hereby appropriated to the Commonwealth Officer
    15  Fund for the fiscal year July 1, 2006, to June 30, 2007, to
    16  carry out the provisions of this act.
    17  Section 10.  Effective date.
    18     This act shall take effect immediately.








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