PRINTER'S NO. 2170
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1619
Session of
2017
INTRODUCED BY MICCARELLI, SCHLOSSBERG, SANTORA, ROZZI, CHARLTON,
DERMODY, READSHAW, DeLUCA, O'NEILL, D. COSTA, WHEELAND AND
ROEBUCK, JUNE 28, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 28, 2017
AN ACT
Imposing a fee on municipalities for services provided by the
Pennsylvania State Police; and providing for allocation of
funds and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
State Police Municipal Police Services Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commissioner." The Commissioner of Pennsylvania State
Police.
"Local police services." The provision of not less than 40
hours per week of police services through a municipal police
department, participation in a regional police department or a
contract for other municipal or regional police services.
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"State Police." The Pennsylvania State Police.
Section 3. State Police services fee.
(a) General rule.--A municipality that does not provide
local police services shall pay the fee under subsection (b) for
State Police services received by the municipality.
(b) Amount.--A municipality under subsection (a) shall
annually pay a per capita fee for the provision of State Police
services. The fee shall be in the amount of $25 for each person
residing in the municipality. The fee shall be increased
annually, beginning one year after the effective date of this
subsection, by the percentage growth in the Consumer Price Index
for All Urban Consumers. If the Department of Revenue determines
that there is no positive percentage change, the fee may not be
adjusted for that year.
(c) Determination and payment.--
(1) In order to aid the commissioner in making a
determination regarding the provision of local police
services, each municipality shall submit a certification to
the commissioner by July 31, 2017, for fiscal year 2017-2018
and by April 1 of each year thereafter. The certification
shall include the following information:
(i) The average number of hours per week the
municipality provides police services through its
municipal police department.
(ii) The average number of hours per week a regional
police force or another municipality provides police
services to the municipality.
(2) The commissioner shall submit annually to each
municipality under subsection (a) an invoice stating the
amount of payment due. The payment shall be due by April 1,
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2018, and each April 1 thereafter. Subject to paragraph (3),
the population of each municipality shall be based upon the
most recent decennial census.
(3) For purposes of determining the population of a
municipality under paragraph (2), the number of individuals
residing in a State correctional facility situated in the
municipality shall be excluded.
(d) Guidelines.--The State Police may adopt and use
guidelines to implement the provisions of this act. The
guidelines shall be published in the Pennsylvania Bulletin but
shall not be subject to review under section 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law, sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys
Act, or the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act.
Section 4. Municipality fees.
Notwithstanding any other provision of law, a municipality
may impose and collect a fee at a rate not to exceed a rate
sufficient to meet the requirements under section 3(b).
Section 5. Allocation of fees.
Money collected under this act shall be deposited into the
General Fund as an augmentation to the State Police general
government operations appropriation and shall be used to support
State Police cadet classes and State Police services.
Section 6. Distressed municipalities.
Notwithstanding any other provision of this act, a
municipality that is determined to be distressed under the act
of July 10, 1987 (P.L.246, No.47), known as the Municipalities
Financial Recovery Act, shall not be subject to the requirements
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of this act. A municipality that was once classified as
distressed under the Municipalities Financial Recovery Act, but
is not currently deemed distressed by the Department of
Community and Economic Development, shall be subject to the
requirements of this act.
Section 7. Penalties.
The Commonwealth reserves the right to offset other payments
to a municipality, including liquid fuel tax payments, if a
municipality fails to comply with the requirements of this act.
Section 8. Effective date.
This act shall take effect immediately.
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