PRINTER'S NO. 441
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
456
Session of
2019
INTRODUCED BY SCHEMEL, PICKETT, ZIMMERMAN, READSHAW, IRVIN,
F. KELLER AND NEILSON, FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 44 (Law and
Justice) of the Pennsylvania Consolidated Statutes, in
firearms and other dangerous articles, further providing for
licenses and for licensing of dealers; providing for sheriffs
and deputy sheriffs; establishing the Firearms License
Validation System Account; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6109(h) and 6113(b) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 6109. Licenses.
* * *
(h) [Fee] Fees.--
[(1) In addition to fees described in paragraphs (2)(ii)
and (3), the fee for a license to carry a firearm is $19.
This includes all of the following:
(i) A renewal notice processing fee of $1.50.
(ii) An administrative fee of $5 under section 14(2)
of the act of July 6, 1984 (P.L.614, No.127), known as
the Sheriff Fee Act.
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(3) An additional fee of $1 shall be paid by the
applicant for a license to carry a firearm and shall be
remitted by the sheriff to the Firearms License Validation
System Account, which is hereby established as a special
restricted receipt account within the General Fund of the
State Treasury. The account shall be used for purposes under
subsection (l). Moneys credited to the account and any
investment income accrued are hereby appropriated on a
continuing basis to the Pennsylvania State Police.]
(4) No fee other than that provided by [this subsection
or the Sheriff Fee Act] 44 Pa.C.S. § 7324 (relating to
licenses) may be assessed by the sheriff for the performance
of any background check made pursuant to this act.
(5) The [fee is] fees specified under 44 Pa.C.S. §
7324(a) are payable to the sheriff to whom the application is
submitted and [is] are payable at the time of application for
the license.
(6) Except for the administrative fee of $5 under
[section 14(2) of the Sheriff Fee Act] 44 Pa.C.S. § 7324(a)
(2), all other fees shall be refunded if the application is
denied but shall not be refunded if a license is issued and
subsequently revoked.
(7) A person who sells or attempts to sell a license to
carry a firearm for a fee in excess of the amounts fixed
under [this subsection] 44 Pa.C.S. § 7324 commits a summary
offense.
* * *
§ 6113. Licensing of dealers.
* * *
(b) Fee.--The fee for issuing said license shall be [$30] as
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specified under 44 Pa.C.S. § 7324(a)(1) (relating to licenses) ,
which fee shall be paid into the county treasury.
* * *
Section 2. Title 44 is amended by adding a chapter to read:
CHAPTER 73
SHERIFFS AND DEPUTY SHERIFFS
Subchapter
A. (Reserved)
B. Sheriff Fees
SUBCHAPTER A
(Reserved)
SUBCHAPTER B
SHERIFF FEES
Sec.
7311. Scope of subchapter.
7312. Counties included.
7313. Civil and criminal actions.
7314. Real estate executions.
7315. Executing writs, orders and decrees.
7316. Executing writs.
7317. Settlement or staying of writs.
7318. Property claims.
7319. Venire facias.
7320. Writs of ejectment or possession.
7321. Warrants and attachments.
7322. Sheriff in charge of prison.
7323. Attending court.
7324. Licenses.
7325. Conservator of the peace.
7326. Mileage.
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7327. Appraisals.
7328. Other matters.
7329. Counties of the second class.
7330. Additional fee for computerizing sheriff's office.
7331. Costs to be additional.
7332 . Surcharge.
§ 7311. Scope of subchapter.
This subchapter relates to the imposition and collection of
sheriff fees.
§ 7312. Counties included.
In counties of the second class, second class A, third class,
fourth class, fifth class, sixth class, seventh class and eighth
class and home rule counties except a county of the first class,
the fees, including commissions and mileage, to be received by
the sheriff from persons or counties requiring services of the
sheriff shall be as specified in this subchapter.
§ 7313. Civil and criminal actions.
(a) General rule.--Fees for the services of the sheriff
involved with civil actions, criminal proceedings or public
matters required by a court, statute or regulation, including,
but not limited to, writs, complaints, orders, equity matters,
subpoenas, interrogatories and official notices, are as follows:
(1) Receiving, docketing and making
return............................................ $15.00
(2) Service, either personally by the sheriff
or by copy served or posted:
(i) First serving........................ 15.00
(ii) Each additional defendant or person
served or copy posted......................... 10.00
(3) Making each copy served or posted........ 10.00
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(4) Deputizing the sheriff of another county
to enable the other sheriff to make service or
accomplish an act................................. 15.00
(5) Making a return of an item delivered to
the sheriff too late to serve before expiration.. 10.00
(6) Return of non est inventus (person to be
served cannot be found within the jurisdiction of
sheriff).......................................... 10.00
(7) Attesting each copy of a document which
is to be served................................... 10.00
(8) Service by publication in newspapers, in
addition to the actual cost of publication and
printing.......................................... 25.00
(9) Taking an affidavit of one person........ 5.00
(10) Taking an affidavit of each additional
person............................................ 2.00
(b) Additional fees.--For service of an item or copy not
specifically provided for in subsection (a), the sheriff shall
charge and receive the same fee as allowed for a writ served in
a similar way otherwise provided for in subsection (a), in
addition to a fee of the prothonotary chargeable against the
sheriff in relation to the service of the item or copy not
specifically provided for in subsection (a). No charge shall be
made for an affidavit of service except the fee of the notary or
other official administering the oath of affirmation.
(c) Alias or pluries writ.--No charge for service shall be
made upon an alias or pluries writ if a charge has been made
upon the original with respect to a defendant already served.
§ 7314. Real estate executions.
(a) General rule.--For executing court-issued writs or
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orders requiring the levy, seizure or sale of lands and
tenements, the following fees apply and, unless otherwise stated
in this section, shall be paid by the plaintiff, petitioner or
other moving party:
(1) Receiving, docketing and making return.... $25.00
(2) Serving or posting a notice or copy....... 25.00
(3) Levying on each separate piece or parcel
of land............................................ 25.00
(4) Service of a writ against real estate of
defendant requiring service on third party for each
party.............................................. 25.00
(5) Making immediate return of service on a
garnishee when writ or other item is retained for
further action..................................... 10.00
(6) Advertising public sale in newspaper, for
each parcel of land, in addition to cost of
publication and printer's bill..................... 25.00
(7) Advertising public sale by handbills, for
each parcel of land separately described by metes
and bounds or otherwise, in addition to publication
and printer's bills................................ 25.00
(8) Each sale held subsequent to the first
sale............................................... 25.00
(9) Crying the sale of each separate parcel of
land separately sold............................... 20.00
(10) Distribution of proceeds................. 50.00
(11) Executing and acknowledging a deed to
real property, payment to be made by grantee....... 50.00
(b) Additional fees.--Except under subsection (a)(8), the
sheriff shall receive as an official fee a commission, based
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upon the total amount bid for the property, whether paid to the
sheriff or credited to the purchaser, of 2% of the first
$250,000 and of 0.5% of the remaining amount.
(c) Fees chargeable to sheriff.--The purchaser shall pay to
the sheriff fees of the prothonotary and fees of the recorder
chargeable by the prothonotary or the recorder to the sheriff
relating to consummation of real estate executions, including,
but not limited to, the recording of the deed.
§ 7315. Executing writs, orders and decrees.
For executing a writ of inquiry, partition, condemnation,
appraisement or inquisition or a similar writ, order or decree
issued by a court, district justice or commissioner under a
statute, the party procuring execution shall pay the following
fees:
(1) Receiving, docketing and making return...... $15.00
(2) Summoning parties or persons in possession
personally or by copy served or posted:
(i) First service........................... 15.00
(ii) Each additional service................ 10.00
(3) Making and certifying each copy served or
posted............................................... 10.00
(4) Summoning and swearing special jurors....... 25.00
(5) Holding inquisition or appraisal of real
estate............................................... 25.00
(6) Otherwise executing......................... 15.00
(7) Serving by publication as required by law or
order of court....................................... 25.00
(8) Delivering lands to plaintiff in inquisition
or similar proceedings............................... 50.00
§ 7316. Executing writs.
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(a) General rule.--For executing execution writs, fraudulent
debtors attachment, retorno habendo, replevin or order issued by
a court requiring the levy, seizure or sale of personal
property, unless otherwise provided in this section, the party
procuring execution shall pay the following fees:
(1) Receiving, docketing and making return...... $15.00
(2) Serving or posting a copy or notice......... 15.00
(3) Each levy on personal property.............. 30.00
(4) Seizing personal property levied upon....... 25.00
(5) Making return of nulla bona (unable to find
goods to levy upon).................................. 15.00
(6) Advertising personal property for public
sale by handbills.................................... 20.00
(7) Each adjourned sale......................... 30.00
(8) Service upon a garnishee.................... 15.00
(9) Receiving a claim of exemption or immunity
and notifying parties in interest to the filing of
the claim............................................ 20.00
(10) Receiving and docketing each claim to
property or to proceeds produced by sale of the
claim, to be paid by claimant upon the filing of the
claim................................................ 20.00
(11) Notifying an agency as required by law of
the proposed sale of the property or franchise of a
corporation or joint stock association, liquid fuels
producer or distributor.............................. 20.00
(12) Appraising personal property under a
statute or at the request of a party or arranging an
appraisal by another................................. 30.00
(13) Making arrangements to preserve property
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taken into legal custody, including, but not limited
to, obtaining a watchman, together with the cost of
compensation for the watchman by the party benefited
by the watchman or person requiring service.......... 50.00
(14) Securing insurance; arranging goods for
sale; furnishing heat, light, power, storage, rent,
transportation and supplies; feeding livestock; and
meeting similar expenses incurred in caring for and
keeping the goods and chattels levied upon or
attached when necessary or advantageous or requested
by a party interested to incur the expense, the
actual costs of the expense to be paid by the
plaintiff, petitioner or party requiring the expense
to be incurred, providing a surplus of advances for
the expense to be refunded.
(b) Additional fees.--The sheriff shall receive as an
official fee a commission, based upon the total amount bid for
the property, whether paid to the sheriff or credited to the
purchaser, of 2% of the first $100,000 and of 0.5% of the
remaining amount.
§ 7317. Settlement or staying of writs.
For the settlement or staying by the plaintiff of a writ
relating to property, execution not being concluded, the sheriff
shall receive the same fees for receiving, docketing and
returning, levying, advertising and performing other functions
enumerated in this subchapter, including commission as would be
chargeable if the sale had been made upon the writ, on the
amount paid to settle or stay the writ, whether the sum is paid
to the sheriff or to the plaintiff or a compromise is made
between plaintiff and defendant for the future payment to
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satisfy the writ.
§ 7318. Property claims.
For processing of property claims filed under statute or
rules of civil procedure, the claimant shall pay the following
fees:
(1) Receiving and filing of property claim.... $20.00
(2) Staying the execution and providing notice 15.00
(3) Making determination as to the owner of
the property without hearing and filing in the
prothonotary's office the determination and
valuation.......................................... 15.00
(4) Determining ownership of property with a
formal hearing and filing in the prothonotary's
office the determination and valuation............. 50.00
(5) Appraising property by the sheriff and
giving notice...................................... 30.00
§ 7319. Venire facias.
For executing venire facias or venire facias juratores issued
by a court, the following fees shall be paid by the county:
(1) Receiving, docketing and making return on
each writ........................................... $30.00
(2) Drawing names of jurors from the jury wheel
and summoning the jurors or summoning jurors drawn
by a jury board or commissioner, for each juror
drawn............................................... 5.00
§ 7320. Writs of ejectment or possession.
For executing writs of ejectment or possession,
dower or similar writs requiring the delivery of
possession of real property or ejecting or
dispossessing a person of personal property, the $50.00
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claimant shall pay.....................................
§ 7321. Warrants and attachments.
For executing a process, warrant, attachment, decree,
sentence or order of the court, issued in court on a person or
taking the defendant's body into custody, the party procuring
the process, writ, order or decree or, if the Commonwealth is
interested, the county, shall pay the following fees:
(1) Receiving, docketing and making return.... $15.00
(2) Each arrest............................... 50.00
(3) Each commitment to jail, correctional
institution, asylum or place of detention pursuant
to lawful order.................................... 30.00
(4) Removing a person from a place of
confinement pursuant to lawful order............... 30.00
§ 7322. Sheriff in charge of prison.
If the sheriff is in charge of a jail, prison or place of
detention, the sheriff shall receive allowances for the custody,
care and maintenance of prisoners and inmates as may be fixed by
the courts or official boards of the respective counties having
supervision of the institutions, or as the courts or boards may
approve, upon submitted bills to be paid by the county in
addition to compensation for services fixed by statute, by a
court or by official board authorized to fix the compensation.
§ 7323. Attending court.
For attending court, when required to do so by law or by a
judge or district attorney, or bringing into or removing
prisoners for arraignment, trial or sentence or witnesses held
in custody, an hourly rate equivalent to the prevailing wage
scale of the performing sheriff's office shall be paid by the
county for each deputy or special deputy actually present.
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§ 7324. Licenses.
(a) Fees.--For issuing and recording of a license, the
licensee shall pay, in addition to a fee payable to the county
or Commonwealth, the following fees:
(1) Issuing a license to sell firearms directly
to a consumer........................................ $27.00
(2) Issuing or reissuing a license to carry a
firearm on or about one's person..................... 5.00
(3) Issuing a license to carry a firearm. This
fee includes a renewal processing fee of $1.50 and an
administrative fee of $5............................. 22.00
(b) Additional fee.--An additional fee of $3 shall be paid
by the applicant for a license to carry a firearm and shall be
remitted by the sheriff to the Firearms License Validation
System Account, which is established as a special restricted
receipt account within the General Fund. Money remitted to the
Firearms License Validation System Account and an investment
income accrued are appropriated on a continuing basis to the
Pennsylvania State Police.
(c) Exemption.--A person who is the holder of a United
States Uniformed Services identification card specifying that
the person is retired shall be exempt from a fee to renew a
license to carry a firearm.
§ 7325. Conservator of the peace.
(a) Sheriff.--For the services performed in the capacity as
a conservator of the peace or police officer in suppressing
riots, mobs or insurrections, and when discharging a duty
requiring the summoning of a posse, comitatus or special deputy
sheriffs, the sheriff shall receive per diem compensation at the
rate of $50 in a county for eight hours' service, together with
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the mileage and necessary expenses, including subsistence for
the sheriff and those employees supervised by the sheriff, all
to be paid by the county.
(b) Deputies.--For each special deputy appointed by the
sheriff in the case of an emergency, to assist in executing
civil or criminal process or court order or preserving the
peace, the sheriff shall receive from the county, for
compensation of the deputy, an hourly rate equal to the
prevailing wage scale of the sheriff's office, together with the
expenses incurred for transportation and subsistence of the
deputy.
§ 7326. Mileage.
For mileage in serving and executing writs, official notices,
rules, decrees, orders or processes, or copies thereof, or
performing the duties or services specified in this subchapter
or authorized by law, the sheriff shall receive and may tax as
official costs the mileage fee as established by section 1 of
the act of July 20, 1979 (P.L.156, No.51), referred to as the
Uniform Mileage Fee Law, for each mile necessary to be traveled
by the sheriff, deputies or employees. The mileage fee shall be
received on each separate writ, rule, order, decree, process or
notice served or service performed. The sheriff shall not
receive more than one mileage fee where the plaintiff and the
defendant and two or more contemporaneous writs are the same or
when two or more persons or prisoners are being conducted at one
time to or from a place of detention or correction. The sheriff
shall receive the mileage fee for transporting the prisoners and
the deputies guarding them and meals and lodging during the
journey and the return of the deputies.
§ 7327. Appraisals.
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For appraisal in a proceeding, the sheriff or an interested
party may petition the court having jurisdiction over the matter
for an order fixing the sum to be paid to the sheriff for
services, for compensation of services of expert appraisers or
for other property costs of making the appraisal, which sum
shall be a legal cost of proceedings. The court in its order
shall determine who shall pay for the costs unless otherwise
provided by law.
§ 7328. Other matters.
For the executing of a matter directed to the sheriff or
required by law or rule of court, the performance of which is
not mentioned in this subchapter, the sheriff shall receive the
same official fees, commissions and legal costs, including
mileage, as for similar services specifically provided for by
law.
§ 7329. Counties of the second class.
In counties of the second class on or after the effective
date of this section, the sheriff may establish, increase,
decrease, modify or eliminate fees and charges used exclusively
to offset existing costs with the approval of the president
judge of the court of common pleas.
§ 7330. Additional fee for computerizing sheriff's office.
An additional fee of $5 may be charged and collected by the
sheriff of a county for the initiation of an action or legal
proceeding. The additional fee shall be deposited into a special
sheriff computer fund established in each county. Money in the
special fund shall be used solely for the purpose of
computerizing the office of the sheriff.
§ 7331. Costs to be additional.
In addition to fees provided for in this subchapter, the
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sheriff shall be paid costs, charges and expenses incident to
the performance of an act required by court, order, statute,
rule or regulation, including, but not limited to, printing
costs, publication costs, services of experts, watchmen, postage
and mileage, which shall be costs to be paid by the plaintiff,
petitioner or person requiring them to be incurred.
§ 7332 . Surcharge.
(a) Amount.--
(1) There shall be assessed a surcharge on each fee
collected by the sheriff of every county upon acceptance for
each service required for each complaint, summons, writ or
other legal paper required to be served or posted by the
sheriff of $20, which shall be collected by the sheriff of
every county.
(2) The money collected under this subsection shall be
forwarded semiannually by the sheriff to the State Treasurer
for deposit into the Sheriff and Deputy Sheriff Education and
Training Account and used exclusively to cover the costs and
expenses of the Sheriff and Deputy Sheriff Education and
Training Program.
(b) Counties of the first and second class.--
(1) In counties of the first and second class, an
additional surcharge of $1 shall be collected by the
prothonotary of that county for each defendant named in a
document filed to commence an action pursuant to Pa.R.C.P.
No.1007 (relating to commencement of action), except when
service is made by a competent adult in the actions listed in
Pa.R.C.P. No.400(b) (relating to person to make service).
(2) The additional surcharge shall be retained by the
prothonotary to cover administrative costs incurred by
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collecting the surcharge and to support technology and
automation improvements or upgrades for the prothonotary.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraphs (2) and (3) are necessary to effectuate the
addition of 44 Pa.C.S. Ch. 73 Subch. B.
(2) The act of July 6, 1984 (P.L.614, No.127), known as
the Sheriff Fee Act, is repealed.
(3) Section 8(b), (b.1) and (c) of the act of February
9, 1984 (P.L.3, No.2), known as the Sheriff and Deputy
Sheriff Education and Training Act, are repealed.
Section 4. The addition of 44 Pa.C.S. Ch. 73 Subch. B is a
continuation of the act of July 6, 1984 (P.L.614, No.127), known
as the Sheriff Fee Act. Except as otherwise provided in 44
Pa.C.S. Ch. 73 Subch. B, all activities initiated under the
Sheriff Fee Act shall continue and remain in full force and
effect and may be completed under 44 Pa.C.S. Ch. 73 Subch. B.
Orders, regulations, rules and decisions which were made under
the Sheriff Fee Act and which are in effect on the effective
date of 44 Pa.C.S. Ch. 73 Subch. B shall remain in full force
and effect until revoked, vacated or modified under 44 Pa.C.S.
Ch. 73 Subch. B. Contracts, obligations and collective
bargaining agreements entered into under the Sheriff Fee Act
are not affected nor impaired by the repeal of the Sheriff Fee
Act.
Section 5. This act shall take effect in 60 days.
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