Regular Session 2015-2016 House Bill 0176 P.N. 3088

PRIOR PRINTER'S NO. 170

PRINTER'S NO. 3088

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

176

Session of

2015

INTRODUCED BY GROVE, PASHINSKI, COHEN, SAYLOR, HAHN, JAMES,

SCHLOSSBERG, MURT, BARRAR, A. HARRIS, MAHER, MENTZER,

O'NEILL, D. COSTA, GIBBONS, COX, ZIMMERMAN, PHILLIPS-HILL,

MICCARELLI AND KORTZ, JANUARY 23, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

APRIL 5, 2016

AN ACT

Providing for grants to regional police departments;

ESTABLISHING THE LAW ENFORCEMENT GRANT PROGRAM FUND; imposing

powers and duties on the Center for Local Government Services

and, the Department of Community and Economic Development AND

THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY;

providing for transfers from the State Gaming Fund; and

repealing provisions in Title 4 relating to transfers from

State Gaming Fund; AND ESTABLISHING THE LAW ENFORCEMENT AND

TREATMENT GRANT PROGRAM.

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 Law

Enforcement Grant Program PROGRAMS Act.

Section 2. Declaration of policy.

The General Assembly finds and declares as follows:

(1) Regional police are the future of local law

enforcement.

(2) Regional police provide professional, efficient and

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local police service to multiple municipalities across this

Commonwealth.

(3) An increased number of regional police departments

would ease the strain on the Pennsylvania State Police, which

is overtaxed by the growing number of municipalities it

serves.

(4) The Commonwealth has chosen to support regional

police departments by investing in start-up grants for

regional police departments.

(5) The Commonwealth has a vested interest in providing

grants to existing regional police departments to increase

their financial strength and sustain them after their initial

start-up period.

(6) By strengthening regional police departments, the

Commonwealth improves the safety and security of our

communities.

(7) OVERDOSE DEATHS AND WIDESPREAD ADDICTION TO OPIOIDS,

LEGAL OR ILLEGAL, HAS BECOME ONE OF THE MOST SERIOUS THREATS

TO PUBLIC HEALTH AND SAFETY IN THIS COMMONWEALTH.

(8) LAW ENFORCEMENT AGENCIES NEED ADDITIONAL TOOLS AND

RESOURCES TO STOP OVERDOSE DEATHS AND MORE EFFECTIVE

MECHANISMS TO HELP GUIDE PEOPLE INTO DRUG TREATMENT PROGRAMS.

Section 3. 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:

"Center." The Center for Local Government Services within

the Department of Community and Economic Development of the

Commonwealth.

"COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND

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DELINQUENCY.

"Department." The Department of Community and Economic

Development of the Commonwealth.

"FUND." THE LAW ENFORCEMENT GRANT PROGRAM FUND ESTABLISHED

UNDER SECTION 5.

"Grant." A grant awarded to a law enforcement agency in

accordance with this act.

"Law enforcement agency." A regional police department.

"Law enforcement officer." A police officer employed on a

full-time or part-time basis by a law enforcement agency.

"LAW ENFORCEMENT ORGANIZATIONS." THE POLICE DEPARTMENT OF

EACH MUNICIPAL CORPORATION, A REGIONAL POLICE DEPARTMENT, THE

PENNSYLVANIA STATE POLICE AND POLICE DEPARTMENTS AS DEFINED BY

53 PA.C.S. § 2162 (RELATING TO DEFINITIONS).

"Program." The Law Enforcement Grant Program established

under section 4.

"Regional police department." A regional police force

created by two or more municipal corporations under 53 Pa.C.S.

Ch. 23 Subch. A (relating to intergovernmental cooperation).

Section 4. Law Enforcement Grant Program.

(a) Establishment.--The Law Enforcement Grant Program is

established and shall be administered by the center.

(b) Purpose of grants.--The center shall award grants to

eligible law enforcement agencies. Grant funds may be used for

the following:

(1) Vehicle acquisition.

(2) Cameras, including cameras to be placed in vehicles.

(3) Speed timing devices.

(4) Uniforms.

(5) Police and emergency equipment.

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(6) Training.

(7) Personnel costs.

(8) Community law enforcement efforts.

(9) START-UP COSTS.

(10) DOMESTIC VIOLENCE THREAT ASSESSMENT TRAINING.

SECTION 5. THE LAW ENFORCEMENT GRANT PROGRAM FUND.

(A) ESTABLISHMENT.--A SPECIAL FUND IS ESTABLISHED WITHIN THE

STATE TREASURY TO BE KNOWN AS THE LAW ENFORCEMENT GRANT PROGRAM

FUND.

(B) PURPOSE.--MONEY IN THE FUND SHALL NOT LAPSE AND SHALL BE

USED FOR GRANTS AWARDED UNDER THIS ACT.

Section 5 6. Application and review.

(a) Notice.--The center shall notify law enforcement

agencies of the availability of the program by July 1 for fiscal

years beginning after June 30, 2015 15, 2016, AND EACH JULY 15

THEREAFTER.

(b) Application form.--The center shall develop and

distribute a uniform application for applicants to submit for

grants under the program. The center shall provide the

application form and accompanying instructions to law

enforcement agencies annually by September 1.

application must be submitted to the center no later than

November 30 of each fiscal year. The center shall approve or

disapprove an application within 60 days of the application

being filed.

(d) Review.--The center shall review applications submitted

for grants under the program and shall approve them if they meet

the requirements of subsection (e) and the applicant agrees to

the terms and conditions for the grant as determined by the

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center. A law enforcement agency must submit a signed agreement

to the center prior to the release of grant funds to the law

enforcement agency.

(e) Basis of award.--

(1) Grants shall be awarded based upon the demonstrated

need of the law enforcement agency requesting the grant.

(2) Need shall be calculated based on the total number

of law enforcement officers employed by the law enforcement

agency as of July 1 of each fiscal year.

Section 6 7. Conditions.

(a) Claim.--An applicant for a grant that fails to return a

signed agreement for the preceding fiscal year is ineligible for

grant funding in the current fiscal year unless the applicant

provides to the center a reasonable written explanation as to

why the applicant failed to claim its grant.

(b) Compliance.--An applicant for a grant that fails to

demonstrate that it complied with all the terms of its agreement

for the preceding fiscal year is ineligible for grant funding in

the current fiscal year.

SECTION 8. LAW ENFORCEMENT AND TREATMENT GRANT PROGRAM.

(A) ESTABLISHMENT.--THE LAW ENFORCEMENT AND TREATMENT GRANT

PROGRAM SHALL BE ADMINISTERED BY THE COMMISSION IN COOPERATION

WITH THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS.

(B) PURPOSE OF GRANTS.--THE COMMISSION, IN COOPERATION WITH

THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS, SHALL AWARD GRANTS

UNDER THIS SECTION TO ELIGIBLE LAW ENFORCEMENT ORGANIZATIONS.

GRANT FUNDS MAY BE USED FOR THE FOLLOWING:

(1) TO PROVIDE PERSONNEL, TRAINING AND EQUIPMENT TO

COORDINATE LAW ENFORCEMENT WITH TREATMENT TO ENABLE LAW

ENFORCEMENT ORGANIZATIONS AND OFFICERS TO PROVIDE MORE

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EFFECTIVE MECHANISMS TO REFER AND ASSIST OVERDOSE VICTIMS AND

FAMILIES, ALONG WITH ANY OTHER INDIVIDUALS INTERACTING WITH

THEM, TO OBTAIN THE APPROPRIATE TREATMENT.

(2) FOR TRAINING AND EQUIPMENT AUTHORIZED UNDER SECTIONS

13.7 AND 13.8 OF THE ACT OF APRIL 14, 1972 (P.L.233, NO.64),

KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC

ACT, FOR LAW ENFORCEMENT ORGANIZATIONS.

ORGANIZATIONS OF THE AVAILABILITY OF GRANTS UNDER THIS SECTION

BY JULY 1 FOR FISCAL YEARS BEGINNING AFTER JUNE 30, 2015.

(D) APPLICATION FORM.--THE COMMISSION, IN COOPERATION WITH

THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS, SHALL DEVELOP AND

DISTRIBUTE A UNIFORM APPLICATION FOR APPLICANTS TO SUBMIT FOR

GRANTS UNDER THIS SECTION. THE COMMISSION SHALL PROVIDE THE

APPLICATION FORM AND ACCOMPANYING INSTRUCTIONS TO LAW

ENFORCEMENT ORGANIZATIONS ANNUALLY BY SEPTEMBER 1.

(E) SUBMISSION OF APPLICATION.--TO BE CONSIDERED, AN

APPLICATION MUST BE SUBMITTED TO THE COMMISSION NO LATER THAN

NOVEMBER 30 OF EACH FISCAL YEAR. THE COMMISSION SHALL APPROVE OR

DISAPPROVE AN APPLICATION WITHIN 60 DAYS OF THE APPLICATION

BEING FILED.

(F) REVIEW.--THE COMMISSION, IN COOPERATION WITH THE

DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS, SHALL REVIEW

APPLICATIONS SUBMITTED FOR GRANTS UNDER THIS SECTION. THE

APPLICANT MUST AGREE TO THE TERMS AND CONDITIONS FOR THE GRANT

AS DETERMINED BY THE COMMISSION. A LAW ENFORCEMENT ORGANIZATION

MUST SUBMIT A SIGNED AGREEMENT TO THE COMMISSION PRIOR TO THE

RELEASE OF GRANT FUNDS TO THE LAW ENFORCEMENT ORGANIZATION.

(G) BASIS OF AWARD.--THE FOLLOWING APPLY TO GRANTS UNDER

THIS SECTION:

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(1) GRANTS FOR COORDINATION SHALL BE AWARDED TO LAW

ENFORCEMENT ORGANIZATIONS WHO DEMONSTRATE BY THEIR

APPLICATION AND BY THEIR EXISTING EFFORTS MORE EFFECTIVE

MECHANISMS TO COORDINATE WITH THEIR RESPECTIVE SINGLE COUNTY

AUTHORITIES UNDER THE ACT OF APRIL 14, 1972 (P.L.221, NO.63),

KNOWN AS THE PENNSYLVANIA DRUG AND ALCOHOL ABUSE CONTROL ACT,

THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS AND OTHER

APPROPRIATE FEDERAL, STATE AND LOCAL PROGRAMS THAT PAY FOR OR

PROVIDE DRUG TREATMENT.

(2) GRANTS FOR TRAINING OR EQUIPMENT PURSUANT TO

SECTIONS 13.7 AND 13.8 OF THE CONTROLLED SUBSTANCE, DRUG,

DEVICE AND COSMETIC ACT SHALL BE AWARDED TO LAW ENFORCEMENT

ORGANIZATIONS USING CRITERIA THAT INCLUDE THE FOLLOWING:

(I) OVERDOSE RATES;

(II) HOW LAW ENFORCEMENT ORGANIZATIONS WILL PROVIDE

OVERDOSE VICTIMS AND FAMILIES WITH INFORMATION ABOUT

TREATMENT SERVICES; AND

(III) THE TRAINING AND UTILIZATION PROPOSED BY THE

LAW ENFORCEMENT ORGANIZATION.

(3) THE COMMISSION SHALL GIVE PRIORITY FOR COORDINATING

GRANTS UNDER THIS SUBSECTION TO LAW ENFORCEMENT ORGANIZATIONS

THAT HAVE ALREADY TRAINED, EQUIPPED AND AUTHORIZED THEIR

OFFICERS PURSUANT TO SECTIONS 13.7 AND 13.8 OF THE CONTROLLED

SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT OR ARE SEEKING GRANT

FUNDING UNDER THIS SECTION TO TRAIN, EQUIP AND AUTHORIZE

THEIR OFFICERS PURSUANT TO SECTIONS 13.7 AND 13.8 OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

(4) NOTHING IN THIS SECTION SHALL PREVENT A LAW

ENFORCEMENT ORGANIZATION WHO HAS ALREADY TRAINED, EQUIPPED

AND AUTHORIZED THEIR OFFICERS PURSUANT TO SECTIONS 13.7 AND

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13.8 OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC

ACT TO FILE A GRANT APPLICATION TO PAY FOR FUTURE TRAINING

AND AUTHORIZED EQUIPMENT NECESSARY UNDER SECTIONS 13.7 AND

13.8 OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC

ACT THAT WOULD OCCUR DURING THE FISCAL YEAR OF THE GRANT.

(5) NO LAW ENFORCEMENT ORGANIZATION MAY RECEIVE MORE

THAN 5% OF THE TOTAL GRANTS AUTHORIZED ON AN ANNUAL BASIS BY

THIS SUBSECTION.

SECTION 9. CONDITIONS.

(A) CLAIM.--AN APPLICANT FOR A GRANT UNDER SECTION 8 THAT

FAILS TO RETURN A SIGNED AGREEMENT FOR THE PRECEDING FISCAL YEAR

IS INELIGIBLE FOR GRANT FUNDING IN THE CURRENT FISCAL YEAR

UNLESS THE APPLICANT PROVIDES TO THE COMMISSION A REASONABLE

WRITTEN EXPLANATION AS TO WHY THE APPLICANT FAILED TO CLAIM ITS

GRANT.

(B) COMPLIANCE.--AN APPLICANT FOR A GRANT UNDER SECTION 8

THAT FAILS TO DEMONSTRATE THAT IT COMPLIED WITH ALL THE TERMS OF

ITS AGREEMENT FOR THE PRECEDING FISCAL YEAR IS INELIGIBLE FOR

GRANT FUNDING IN THE CURRENT FISCAL YEAR.

Section 7 10. Funding.

(a) Funding.--Annually, the sum of $2,000,000 shall be

transferred from the State Gaming Fund to the department for the

purpose of issuing grants. BEGINNING JULY 1, 2016, AND EACH JULY

1 THEREAFTER, AN AMOUNT EQUAL TO THE AMOUNT OF MONEY NOT AWARDED

FOR GRANTS UNDER 4 PA.C.S. § 1408(C) DURING THE PRIOR FISCAL

YEAR SHALL BE TRANSFERRED FROM THE STATE GAMING FUND TO THE LAW

ENFORCEMENT GRANT PROGRAM FUND AND EQUALLY DIVIDED BETWEEN THE

LAW ENFORCEMENT GRANT PROGRAM UNDER SECTION 4 AND THE LAW

ENFORCEMENT AND TREATMENT GRANT PROGRAM UNDER SECTION 8.

(b) Administration.--No money from the transfer under

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subsection (a) may be used for expenses or costs incurred by the

department for the administration of the program. LAW

ENFORCEMENT GRANT PROGRAM AND THE LAW ENFORCEMENT AND TREATMENT

GRANT PROGRAM.

Section 8 11. Report.

Within six months of receiving a grant, a law enforcement

agency shall submit a report to the center. The report shall

document the use of the grant funds by the law enforcement

agency.

Section 9 12. Guidelines.

The department shall adopt guidelines necessary to implement

and administer the provisions of this act.

Section 10. Repeal.

(a) Intent.--The General Assembly declares that the repeal

under subsection (b) is necessary to effectuate this act.

(b) Repeal.--The provisions of 4 Pa.C.S. § 1408(c) are

repealed.

Section 11. Applicability.

This act shall apply to fiscal years beginning on or after

July 1, 2015.

Section 12 13. Effective date.

This act shall take effect immediately.

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