PRINTER'S NO.  2277

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1500

Session of

2009

  

  

INTRODUCED BY STURLA, D. EVANS, GEIST, BEAR, BISHOP, BOYLE, BRENNAN, BRIGGS, BROWN, CALTAGIRONE, CARROLL, CASORIO, COHEN, D. COSTA, P. COSTA, CURRY, DePASQUALE, DONATUCCI, FABRIZIO, FRANKEL, GALLOWAY, GERBER, GERGELY, GODSHALL, GRUCELA, JOHNSON, JOSEPHS, KIRKLAND, KORTZ, MANDERINO, MANN, MELIO, MUNDY, MURPHY, O'NEILL, OLIVER, PARKER, PASHINSKI, PAYTON, PRESTON, READSHAW, ROEBUCK, SABATINA, SANTARSIERO, SANTONI, M. SMITH, THOMAS, WALKO, WATERS, WILLIAMS, YOUNGBLOOD AND M. O'BRIEN, JUNE 24, 2009

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 24, 2009  

  

  

  

AN ACT

  

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Imposing a fee on municipalities for patrol services provided by

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the Pennsylvania State Police; and providing for allocation

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of funds and for penalties.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Pennsylvania

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State Police Municipal Patrol Services Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Commissioner."  The Commissioner of Pennsylvania State

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Police.

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"Local full-time patrol services."  Patrol services provided

 


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by a municipality for a period of 24 hours a day and seven days

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per week.

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"Local part-time patrol services."  Patrol services provided

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by a municipality for a period of less than 24 hours a day and

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seven days per week.

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"Patrol services."  Police services provided to protect

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public safety by maintaining order, protecting people and

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property and enforcing motor vehicle and criminal laws, by

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routine visits through a municipality.

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"Pennsylvania State Police full-time patrol services."

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Patrol services provided by the Pennsylvania State Police which 

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are the primary police services for a municipality.

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"Pennsylvania State Police part-time patrol services."

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Patrol services provided by the Pennsylvania State Police which

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supplement the local part-time patrol services provided in the

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municipality.

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Section 3.  Pennsylvania State Police full-time patrol services

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fee.

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(a)  Requirement.--Each municipality which receives

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Pennsylvania State Police full-time patrol services and which

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meets any of the following shall pay the fee under subsection

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(b) for Pennsylvania State Police full-time patrol services

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provided in the previous calendar year:

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(1)  Does not provide its own local full-time patrol

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services.

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(2)  Does not participate in a regional police force for

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local full-time patrol services.

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(3)  Does not contract with another municipality for

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local full-time patrol services.

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(b)  Amount.--A per capita fee shall be paid by a

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municipality under subsection (a) as follows:

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(1)  For the first year of service, the fee shall be $52

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per year.

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(2)  For the second year of service, the fee shall be

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$104 per year.

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(3)  For the third and subsequent years of service, the

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fee shall be $156 per year for Pennsylvania State Police

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full-time patrol services.

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(c)  Elimination.--If a municipality currently provides or

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institutes local full-time patrol services and subsequently

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eliminates the services, the municipality shall be assessed at

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the annual per capita rate of $156.

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(d)  Determination and payment.--

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(1)  The commissioner shall determine if a municipality

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meets the necessary criteria to be considered as having local

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full-time patrol services and shall maintain a list of those

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municipalities, which shall be made available to municipal

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officials.

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(2)  The commissioner shall submit an invoice by February

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1 to each municipality determined under paragraph (1) for

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Pennsylvania State Police full-time patrol services provided

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in the preceding calendar year. The fee shall be paid on a

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quarterly basis to the Commonwealth. The population figures

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for each municipality used by the commissioner shall be based

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upon the most recent decennial census.

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Section 4.  Pennsylvania State Police part-time patrol services

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fee.

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(a)  Requirement.--

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(1)  Each municipality which receives Pennsylvania State

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Police part-time patrol services and which meets any of the

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following shall, if the municipality is not exempt under

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paragraph (2) or opts out of the fee under paragraph (3), pay

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the fee under subsection (b) for Pennsylvania State Police

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part-time patrol services provided in the previous calendar

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year:

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(i)  Provides its own local part-time patrol

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services.

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(ii)  Participates in a regional police force for

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local part-time patrol services.

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(iii)  Contracts with another municipality for local

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part-time patrol services.

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(2)  (i)  The following municipalities shall be exempt

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from paying a fee under paragraph (1):

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(A)  Municipalities with a population of 1,000

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people or less that provide or contract for patrol

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services for at least 40 hours per week.

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(B)  Municipalities with a population of over

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1,000 people but less than 3,500 people that provide

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or contract for patrol services for at least 80 hours

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per week.

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(C)  Municipalities that, for each 2,500 persons

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the municipality has over a population of 3,500

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persons, provide or contract for patrol services of

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an additional 40 hours per week over 80 hours per

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week.

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(ii)  A municipality that qualifies for an exemption

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under subparagraph (i)(C) shall not be considered to

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provide local full-time patrol services.

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(3)  The governing body of a municipality which receives

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Pennsylvania State Police part-time patrol services outlined

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may choose to opt out of paying a fee under this section by

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submitting a letter to the commissioner giving notice of its

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decision. Upon receipt of the letter, the commissioner shall

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direct appropriate Pennsylvania State Police barracks

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commanders that patrol services shall no longer be provided

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to the municipality and that the Pennsylvania State Police

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shall only be responsible for responding to emergencies or

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calls to respond to specific incidents. The commissioner

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shall provide the municipality with a fee schedule for

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responses to incidents or emergencies within the

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municipality. On February 1 of the following calendar year,

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the commissioner shall submit an invoice to the municipality

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for the cost of the services provided in the previous

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calendar year, which shall be paid on a quarterly basis to

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the Commonwealth.

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(b)  Amount.--A per capita fee shall be paid by a

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municipality under subsection (a) as follows:

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(1)  For the first year of service, the fee shall be $17

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per year.

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(2)  For the second year of service, the fee shall be $34

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per year.

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(3)  For the third and subsequent years of service, the

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fee shall be $52 per year.

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(c)  Elimination.--If a municipality currently provides or

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institutes local part-time patrol services and subsequently

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eliminates the services, the municipality shall be assessed at

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the annual per capita rate of $52 for Pennsylvania State Police

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part-time services.

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(d)  Determination and payment.--

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(1)  The commissioner shall determine if a municipality

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meets the necessary criteria to be considered as having local

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part-time patrol services and shall maintain a list of those

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municipalities, which shall be made available to municipal

4

officials.

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(2)  The commissioner shall submit an invoice by February

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1 to each municipality determined under paragraph (1) for

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Pennsylvania State Police part-time patrol services provided

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in the preceding calendar year. The fee shall be paid on a

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quarterly basis to the Commonwealth. The population figures

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for each municipality used by the commissioner shall be based

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upon the most recent decennial census.

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Section 5.  Reduction or elimination of fee.

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If a municipality that is paying a fee under section 3 or 4

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institutes police patrol services sufficient to cause a

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reduction or elimination in the fee being paid, the municipality

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shall not be required to pay the fee for the portion of the year

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during which the local patrol service is provided.

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Section 6.  Allocation of fees.

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Of the funds collected annually under this act, $20,000,000

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shall be deposited into a restricted account established in the

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State Treasury for use by the commissioner for the purpose of

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funding additional Pennsylvania State Police cadet classes. The

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remainder of the funds collected annually shall be allocated as

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follows:

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(1)  Ninety percent shall be paid annually to the Motor

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License Fund by the commissioner.

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(2)  Ten percent shall be distributed to the Department

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of Community and Economic Development. The funds shall be

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used for the purposes of assisting and encouraging

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municipalities to enter into cooperative arrangements to

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provide police services in two or more municipalities and by

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participating municipalities for grants for equipment and

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studies for implementing cooperative policing arrangements.

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The Department of Community and Economic Development shall

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develop all eligibility requirements for the use of these

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funds.

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Section 7.  Distressed municipalities.

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Notwithstanding any other provision of this act, a

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municipality that is determined to be distressed under the act

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of July 10, 1987 (P.L.246, No.47), known as the Municipalities

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Financial Recovery Act, shall not be required to pay the fees

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under this act. A municipality that was once classified as

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distressed under the Municipalities Financial Recovery Act but

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is not currently deemed distressed by the Department of

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Community and Economic Development shall be required to pay the

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fees under this act. 

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Section 8.  Penalties.

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The following shall apply:

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(1)  Any municipality failing to make a payment required

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under this act shall forfeit all payments to be received from

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the Commonwealth until the outstanding balance owed is paid

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in full.

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(2)  Any municipality which fails to make the full

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quarterly payment within one year of the date the payment is

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due shall forfeit all Pennsylvania State Police patrol

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services until the outstanding payment is paid in full.

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Section 20.  Applicability.

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This act shall apply to Pennsylvania State Police patrol

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services provided in the calendar year beginning after the year

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in which this section takes effect.

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Section 21.  Effective date.

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This act shall take effect immediately.

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