PRINTER'S NO. 833
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
709
Session of
2015
INTRODUCED BY STURLA, FLYNN, PASHINSKI, THOMAS, GODSHALL,
SCHLOSSBERG, TRUITT, D. COSTA, GERGELY, KINSEY, McNEILL,
BROWNLEE, GROVE, COHEN AND KORTZ, MARCH 4, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 4, 2015
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, imposing a fee for service on
municipalities for patrol services provided by the
Pennsylvania State Police; providing for allocation of funds,
for fees for intermunicipal police response, for patrol
responsibility and for penalties; establishing the Regional
Police Assistance Fund and the Cadet Training Fund; providing
for powers and duties of the Center for Local Government
Services in the Department of Community and Economic
Development and the Pennsylvania State Police; and making
appropriations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding chapters to read:
Chapter
25. Municipal Patrol Services
41. Miscellaneous Provisions
CHAPTER 25
MUNICIPAL PATROL SERVICES
Sec.
2501. Scope of chapter.
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2502. Definitions.
2503. Pennsylvania State Police full-time patrol services fee.
2504. Pennsylvania State Police part-time patrol services fee.
2505. Reduction or elimination.
2506. Allocation.
2507. Distressed municipalities.
2508. Annual reports by Pennsylvania State Police.
2509. Intermunicipal police response.
2510. Penalties.
2511. Prohibition.
2512. Applicability.
§ 2501. Scope of chapter.
This chapter relates to municipal patrol services.
§ 2502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commissioner." The Commissioner of Pennsylvania State
Police.
"Local full-time patrol services." Patrol services provided
by a municipality for a period of 24 hours a day, seven days a
week.
"Local part-time patrol services." Patrol services provided
by a municipality for a period of less than 24 hours a day and
less than seven days a week.
"Patrol services." Police services provided to protect
public safety by maintaining order, protecting people and
property and enforcing motor vehicle and criminal laws, by
routine visits through a municipality.
"Pennsylvania State Police full-time patrol services."
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Patrol services provided by the Pennsylvania State Police which
are the primary police services for a municipality.
"Pennsylvania State Police part-time patrol services."
Patrol services provided by the Pennsylvania State Police which
supplement the local part-time patrol services provided in the
municipality.
§ 2503. Pennsylvania State Police full-time patrol services
fee.
(a) Requirement.--Each municipality that receives
Pennsylvania State Police full-time patrol services shall pay
the fee for service under subsection (b) for the Pennsylvania
State Police full-time patrol services provided in the previous
calendar year if it meets the following criteria:
(1) Does not provide its own local full-time patrol
services.
(2) Does not participate in a regional police force for
local full-time patrol services.
(3) Does not contract with another municipality for
local full-time patrol services.
(b) Amount.--A fee for service shall be paid by a
municipality under subsection (a) as follows:
(1) For the first year of service, the fee for service
shall be $52 per resident per year.
(2) For the second year of service, the fee for service
shall be $104 per resident per year.
(3) For the third and subsequent years of service, the
fee for service shall be $156 per resident per year.
(c) Elimination.--A municipality that provides local full-
time patrol services and subsequently eliminates the services
shall be assessed at a fee for service of $156 per resident per
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year.
(d) Determination and payment.--
(1) The commissioner shall determine whether a
municipality provides local full-time patrol services and
shall maintain a list of those municipalities, which shall be
made available to municipal officials.
(2) The commissioner shall submit an invoice by February
1 to each municipality determined under paragraph (1) for
Pennsylvania State Police full-time patrol services provided
in the preceding calendar year. The fee for service shall be
paid on a quarterly basis in equal installments to the
Commonwealth. The population figures for each municipality
used by the commissioner shall be based upon the most recent
Federal decennial census but shall not include any individual
who is incarcerated or confined in an institution operated by
the Federal Bureau of Prisons, a State correctional facility,
a county correctional facility or a juvenile detention
center.
(3) If the commissioner determines that the cost for
providing Pennsylvania State Police patrol services is less
than the fees due by a municipality in the next calendar
year, the commissioner may adjust the fees for service
accordingly.
(4) If the commissioner determines that the cost for
providing Pennsylvania State Police patrol services is more
than the fees due by a municipality in a calendar year, the
commissioner may adjust the fees for service for the next
calendar year accordingly, but may not increase the fee more
than 2% for the next calendar year.
§ 2504. Pennsylvania State Police part-time patrol services
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fee.
(a) Requirement.--
(1) Except as set forth in paragraph (2), each
municipality that receives Pennsylvania State Police part-
time patrol services shall pay the fee for service under
subsection (b) for Pennsylvania State Police part-time patrol
services provided in the previous calendar year if the
municipality meets the following criteria:
(i) Provides its own local part-time patrol
services.
(ii) Participates in a regional police force for
local part-time patrol services.
(iii) Contracts with another municipality for local
part-time patrol services.
(2) Exemptions.--
(i) The following municipalities shall be exempt
from paying a fee for service under paragraph (1):
(A) Municipalities with a population of 1,000 or
less that provide or contract for patrol services for
at least 40 hours per week.
(B) Municipalities with a population of more
than 1,000 but less than 3,500 that provide or
contract for patrol services for at least 80 hours
per week.
(C) Municipalities that provide or contract for
patrol services of an additional 40 hours per week
over 80 hours per week for each 2,500 in population
the municipality has a population of equal to or
greater than 3,500.
(ii) A municipality that qualifies for an exemption
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under subparagraph (i)(C) shall not be considered to
provide local full-time patrol services.
(b) Amount.--A fee for service shall be paid by a
municipality under subsection (a) as follows:
(1) For the first year of service, the fee for service
shall be $17 per resident per year.
(2) For the second year of service, the fee for service
shall be $34 per resident per year.
(3) For the third and subsequent years of service, the
fee for service shall be $52 per resident per year.
(c) Elimination.--A municipality that provides local part-
time patrol services and subsequently eliminates the services
shall be assessed a fee for service of $52 per resident per year
for Pennsylvania State Police part-time services.
(d) Determination and payment.--
(1) The commissioner shall determine whether a
municipality meets the necessary criteria to be considered as
having local part-time patrol services and shall maintain a
list of those municipalities, which shall be made available
to municipal officials.
(2) The commissioner shall submit an invoice by February
1 to each municipality determined under paragraph (1) for
Pennsylvania State Police part-time patrol services provided
in the preceding calendar year. The fee for service shall be
paid on a quarterly basis to the Commonwealth. The population
figures for each municipality used by the commissioner shall
be based upon the most recent Federal decennial census, but
shall not include any individual who is incarcerated or
confined in an institution operated by the Federal Bureau of
Prisons, a State correctional facility, a county correctional
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facility or a juvenile detention center.
(3) If the commissioner determines that the cost for
providing Pennsylvania State Police patrol services is less
than the fees due by a municipality in the next calendar
year, the commissioner may adjust the fees for service
accordingly.
(4) If the commissioner determines that the cost for
providing Pennsylvania State Police patrol services is more
than the fees due by a municipality in a calendar year, the
commissioner may adjust the fees for service for the next
calendar year accordingly, but may not increase the fee more
than 2% for the next calendar year.
§ 2505. Reduction or elimination.
If a municipality that is paying a fee for service under
section 2503 (relating to Pennsylvania State Police full-time
patrol services fee) or 2504 (relating to Pennsylvania State
Police part-time patrol services fee) institutes police patrol
services sufficient to cause a reduction or elimination in the
fee for service being paid, the municipality shall not be
required to pay the fee for service for the portion of the year
during which the local patrol service is provided.
§ 2506. Allocation.
Funds collected annually under this chapter shall be
deposited into the General Fund for the cost of Pennsylvania
State Police operations.
§ 2507. Distressed municipalities.
Notwithstanding any other provision of this chapter, 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 required to pay the fee for
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service under this chapter unless the municipality eliminates
local full-time or part-time patrol services after it has been
determined to be distressed under the Municipalities Financial
Recovery Act or within three years prior to its request for
distressed status under the Municipalities Financial Recovery
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 pay the fees for service under this chapter.
§ 2508. Annual reports by Pennsylvania State Police.
The commissioner shall prepare and disseminate an annual
report to each municipality paying a fee for service under this
chapter. The report shall include:
(1) Total hours patrolled.
(2) Dates and times patrolled.
(3) Number of incidents to which the Pennsylvania State
Police responded.
§ 2509. Intermunicipal police response.
A municipality or regional police force providing local full-
time or part-time patrol services may levy a per incident or
hourly fee for service on another municipality which does not
have patrol services if the municipality or regional police
force is requested by the Pennsylvania State Police to respond
to an incident within the municipality which does not have local
patrol services.
§ 2510. Penalties.
The following shall apply:
(1) Any municipality failing to make a payment required
under this chapter shall forfeit all payments to be received
from the Commonwealth until the outstanding balance owed is
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paid in full.
(2) Upon declaration of a local emergency, as defined in
35 Pa.C.S. § 7102 (relating to definitions), a municipality
may request from the commissioner an extension of time for
payment.
§ 2511. Prohibition.
The fee for service shall be calculated on a per capita basis
as a method to determine total municipal fees assessed, except
that no tax, fee or other assessment may be levied by a
municipality on a per capita basis for the purpose of funding
the fees under this chapter.
§ 2512. Applicability.
This chapter shall apply to the Pennsylvania State Police
patrol services provided in the calendar year beginning after
the year in which this section takes effect.
CHAPTER 41
MISCELLANEOUS PROVISIONS
Sec.
4101. Regional police force grants.
4102. Cadet Training Fund.
§ 4101. Regional police force grants.
(a) Grant program.--The Center for Local Government Services
in the Department of Community and Economic Development shall
establish a grant program to assist municipalities in
regionalizing their police operations.
(b) Fund.--The Regional Police Assistance Fund is
established in the State Treasury. All money deposited in the
fund and interest which accrues from those funds are
appropriated on a continuing basis to the Center for Local
Government Services in the Department of Community and Economic
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Development to be used exclusively for the purposes of providing
grants to municipalities under subsection (a).
(c) Regulations.--The Center for Local Government Services
shall adopt rules and regulations necessary to implement and
administer this section.
§ 4102. Cadet Training Fund.
The Cadet Training Fund is established in the State Treasury.
All money deposited in the fund and interest which accrues from
those funds are appropriated on a continuing basis to the
Pennsylvania State Police to be used exclusively for the purpose
of recruiting, hiring, training and equipping Pennsylvania State
Police cadets.
Section 2. Appropriations are as follows:
(1) The sum of $20,000,000, or as much thereof as may be
necessary, is appropriated to the Regional Police Assistance
Fund for the fiscal year July 1, 2015, to June 30, 2016, to
carry out the purposes of 44 Pa.C.S. § 4101.
(2) The sum of $20,000,000, or as much thereof as may be
necessary, is appropriated to the Cadet Training Fund for the
fiscal year July 1, 2015, to June 30, 2016, to carry out the
purposes of 44 Pa.C.S. § 4102.
Section 3. This act shall take effect July 1, 2015, or
immediately, whichever is later.
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