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PRINTER'S NO. 1528
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
959
Session of
2017
INTRODUCED BY STURLA, TAYLOR, W. KELLER, SCHLOSSBERG, READSHAW,
KINSEY, McNEILL, D. COSTA, BULLOCK, THOMAS, SOLOMON,
DONATUCCI, NEILSON, DeLUCA, PASHINSKI, RABB, GALLOWAY,
V. BROWN, FRANKEL, KIM, McCARTER, FLYNN, DALEY, WHEATLEY,
KULIK, DAVIDSON, GERGELY, SIMS, KORTZ, O'BRIEN, J. HARRIS,
DeLISSIO, GAINEY, D. MILLER, FITZGERALD, BOYLE, ROEBUCK,
RAVENSTAHL, DRISCOLL, CEPHAS, HAGGERTY AND MARKOSEK,
APRIL 24, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 24, 2017
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, imposing a fee for service on
municipalities for municipal patrol services provided by the
Pennsylvania State Police and providing for State Police
patrol services agreements, for allocation of funds, for fees
for intermunicipal police response and for penalties.
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 a chapter to read:
CHAPTER 25
MUNICIPAL PATROL SERVICES
Sec.
2501. Scope of chapter.
2502. Definitions.
2503. State Police patrol services fee.
2504. Reduction or elimination of fee.
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2505. State Police patrol services agreements.
2506. Allocation of money.
2507. Annual reports by State Police.
2508. Intermunicipal police response.
2509. Penalties.
2510. 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.
"Institutionalized population." Persons who are primarily
ineligible, unable or unlikely to participate in the labor force
while residents of institutional group quarters, including adult
correctional facilities, juvenile facilities, skilled nursing
facilities and other institutional facilities such as mental
hospitals and in-patient hospice facilities.
"Local full-time patrol services." Patrol services provided
by a municipality for a period of 24 hours a day and seven days
a week through the municipality's local police department,
through participation in a regional police department or through
a contract with other municipal or regional police departments.
"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 by a municipality through the
municipality's local police department, through participation in
a regional police department or through a contract with other
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municipal or regional police departments.
"Patrol services." Police services provided to protect
public safety by maintaining order, protecting people and
property and enforcing motor vehicle and criminal laws through
routine visits through a municipality.
"State Police." The Pennsylvania State Police.
"State Police full-time patrol services." Patrol services
provided by the Pennsylvania State Police to a municipality for
a period of 24 hours a day and seven days a week in a
municipality that does not have local full-time patrol services.
"State Police part-time patrol services." Patrol services
provided by the Pennsylvania State Police that supplement the
local part-time patrol services provided in a municipality.
§ 2503. State Police patrol services fee.
(a) State Police full-time patrol services.--Except for a
municipality that is subject to section 2505 (relating to State
Police patrol services agreements), each municipality that
receives State Police full-time patrol services shall pay the
fee under subsection (c) for the State Police full-time patrol
services provided in the previous calendar year.
(b) State Police part-time patrol services.--
(1) Except as provided under paragraph (2), each
municipality that receives State Police part-time patrol
services shall pay the fee under subsection (c) for State
Police part-time patrol services provided in the previous
calendar year.
(2) The following apply:
(i) The following municipalities shall be exempt
from paying the fee for service under paragraph (1):
(A) A municipality that is subject to section
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2505.
(B) A municipality with a population of 1,000 or
less that provides local part-time patrol services
for at least 40 hours per week.
(C) A municipality with a population of more
than 1,000 but less than 3,500 that provides local
part-time patrol services for at least 80 hours per
week.
(D) A municipality with a population equal to or
greater than 3,500 that meets the requirement under
clause (C) and provides local part-time patrol
services for an additional 40 hours per week for each
2,500 in population greater than 3,500.
(ii) A municipality that qualifies for an exemption
under subparagraph (i)(D) shall not be considered to
provide local full-time patrol services.
(c) Fees.--
(1) The total annual fee assessed by the commissioner
for all municipalities subject to subsections (a) and (b)
shall be equal to the appropriation to the State Police from
the Motor License Fund during fiscal year 2016-2017 less the
appropriation to the State Police from the Motor License Fund
beginning during the calendar year during which the services
are provided.
(2) Each municipality subject to subsection (a) or (b)
shall be assessed a portion of the total annual fee under
paragraph (1) on a per capita basis, except that a
municipality that receives State Police part-time patrol
services shall pay a fee of one-third per capita of the rate
assessed to municipalities that receive State Police full-
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time patrol services. The population figures for each
municipality shall be based upon the most recent Federal
decennial census but shall not include the institutionalized
population.
(d) Determination and payment.--
(1) The commissioner shall determine whether a
municipality receives State Police full-time patrol services
or State Police part-time patrol services and shall maintain
a list of those municipalities. The commissioner shall make
the list available to municipal officials.
(2) The commissioner shall submit an invoice by February
1 each year for State Police full-time patrol services or
State Police part-time patrol services provided in the
preceding calendar year to each municipality determined under
paragraph (1). The fee for services shall be paid on a
quarterly basis in equal installments to the Commonwealth
beginning July 1.
(e) Applicability.--A municipality that is classified as
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 under this section.
§ 2504. Reduction or elimination of fee.
If a municipality that is paying a fee under section 2503
(relating to State Police patrol services fee) institutes local
full-time patrol services or local part-time patrol services
during the calendar year sufficient to cause a reduction or
elimination in the fee owed by the municipality, the
commissioner shall adjust the fee to reflect the municipality's
local full-time patrol services or local part-time patrol
services during that portion of the year.
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§ 2505. State Police patrol services agreements.
(a) Contract requirement.--A municipality that eliminates
local full-time patrol services or local part-time patrol
services after the effective date of this chapter shall enter
into an agreement with the State Police for State Police full-
time patrol services or State Police part-time patrol services
on terms established by the commissioner.
(b) Fees.--The commissioner shall establish a reasonable fee
and payment schedule for State Police full-time patrol services
or State Police part-time patrol services provided under
subsection (a). In setting the fee, the commissioner may
consider all of the following regarding a municipality:
(1) Population.
(2) Square mileage.
(3) Crime rates.
(4) Other factors deemed relevant by the commissioner.
(c) Term and renewal.--An agreement under this section shall
have a term of one year and may be renewed for additional terms
in accordance with the provisions of this section.
(d) Local patrol services.--Upon the expiration of an
agreement under this section, a municipality may provide for
local full-time patrol services or local part-time patrol
services. The municipality shall provide to the commissioner
documentation of local full-time patrol services or local part-
time patrol services.
§ 2506. Allocation of money.
Money collected under sections 2503 (relating to State Police
patrol services fee) and 2505 (relating to State Police patrol
services agreements) shall be deposited into the General Fund
for the cost of State Police operations.
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§ 2507. Annual reports by State Police.
The commissioner shall prepare and disseminate an annual
report to each municipality paying a fee under section 2503
(relating to State Police patrol services fee) or 2505 (relating
to State Police patrol services agreements). The report shall
include:
(1) Total hours patrolled.
(2) Dates and times patrolled.
(3) Number of incidents to which the State Police
responded.
(4) Number of agreements and amount of fees paid under
section 2505.
§ 2508. Intermunicipal police response.
If a municipality or regional police force providing local
full-time patrol services or local part-time patrol services is
requested by the State Police to respond to an incident within
another municipality that receives State Police full-time patrol
services or State Police part-time patrol services, the
municipality or regional police force may levy a per-incident
fee or hourly fee on the other municipality.
§ 2509. Penalties.
The following shall apply:
(1) A municipality failing to enter into an agreement
under section 2505 (relating to State Police patrol services
agreements) or make a payment under section 2503 (relating to
State Police patrol services fee) or 2505 shall be ineligible
for funding under 75 Pa.C.S. § 9010 (relating to disposition
and use of tax) until the outstanding balance owed is paid in
full.
(2) Upon declaration of a local emergency, as defined in
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35 Pa.C.S. § 7102 (relating to definitions), a municipality
may request from the commissioner an extension of time for
payment.
§ 2510. Applicability.
This chapter shall apply to the State Police full-time patrol
services or State Police part-time patrol services provided in
the calendar year beginning after the year in which this section
takes effect.
Section 2. This act shall take effect July 1, 2017, or
immediately, whichever is later.
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