Trial Engrossment of Amendment A01631 to House Bill 1130 P.N. 1741, Regular Session 2023-2024

A01631

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1130

Session of

2023

INTRODUCED BY GREEN, KINSEY, MADDEN, CEPHAS, CIRESI, SANCHEZ,

N. NELSON, PROBST, OTTEN, KINKEAD, D. WILLIAMS, HILL-EVANS,

BULLOCK, KHAN, SCHLOSSBERG, CERRATO, HOHENSTEIN, PARKER,

MADSEN, GUENST, WAXMAN, KENYATTA, DALEY, SALISBURY, BOROWSKI

AND KAZEEM, MAY 5, 2023

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 27, 2023

AN ACT

Amending Titles 18 (Crimes and Offenses) and Title 35 (Health

and Safety) of the Pennsylvania Consolidated Statutes, in

firearms and other dangerous articles, further providing for

licenses and for sale or transfer of firearms; establishing

the Safe Communities Grant Program and the Safe Communities

Grant Program Fund; and imposing duties on the Pennsylvania

Commission on Crime and Delinquency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6109(h)(1) introductory paragraph of

Title 18 of the Pennsylvania Consolidated Statutes is amended

and the subsection is amended by adding a paragraph to read:

§ 6109. Licenses.

* * *

(h) Fee.--

(1) In addition to fees described in paragraphs [(2)(ii)

and] (3) and (3.1), the fee for a license to carry a firearm

is $19. This includes all of the following:

* * *

(3.1) An additional fee of $10 shall be paid by the

applicant for a license to carry a firearm, including a

renewal of a license to carry a firearm, and shall be

remitted by the sheriff to the Safe Communities Grant Program

Fund established under 35 Pa.C.S. § 5903 (relating to Safe

Communities Grant Program Fund).

* * *

Section 2. Section 6111(b) of Title 18 is amended by adding

a paragraph to read:

§ 6111. Sale or transfer of firearms.

* * *

(b) Duty of seller.--No licensed importer, licensed

manufacturer or licensed dealer shall sell or deliver any

firearm to another person, other than a licensed importer,

licensed manufacturer, licensed dealer or licensed collector,

until the conditions of subsection (a) have been satisfied and

until he has:

* * *

(3.1) Charged each buyer or transferee a fee of $1,

which shall be transferred by the seller to the Pennsylvania

State Police to be remitted to the Safe Communities Grant

Program Fund established under 35 Pa.C.S. § 5903 (relating to

Safe Communities Grant Program Fund).

* * *

Section 3. Title 35 is amended by adding a chapter to read:

Section 1. Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 59

SAFE COMMUNITIES GRANT PROGRAM

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Sec.

5901. Definitions.

5902. Grant program.

5903. Safe Communities Grant Program Fund.

5904. Applications.

5905. Award of program grants.

5906. Reports.

§ 5901. 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:

"C ommission." The Pennsylvania Commission on Crime and

Delinquency.

"Eligible applicant." A municipality located within this

Commonwealth that has not received a grant from the program in

the previous five years.

"Fund." The Safe Communities Grant Program Fund established

under section 5903 (relating to Safe Communities Grant Program

Fund).

"Municipality." A county, city, borough, incorporated town,

township, home rule municipality, optional plan municipality,

optional charter municipality or similar general purpose unit of

government that may be created or authorized by statute or

school district.

"Program." The Safe Communities Grant Program established

under section 5902 (relating to grant program).

§ 5902. G rant program.

(a) Establishment.--The Safe Communities Grant Program is

established as a competitive grant program within the

commission.

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(b) Deposits.--Money appropriated to the fund by the General

Assembly shall be deposited into the fund.

(b) (c) Purpose.--The purpose of the program is to award

grants to improve public health and safety around this

Commonwealth through the installation and maintenance of

lighting or security cameras, or both, in and around high crime

areas, as determined by the commission, schools, playgrounds and

recreation centers WITH PRIORITY TO BE GIVEN TO SCHOOLS,

PLAYGROUNDS AND RECREATION AND SENIOR CENTERS .

program.

(d) Public notice.--The commission shall provide information

regarding the availability and award of program grant money on

the commission's publicly accessible Internet website.

§ 5903. Safe Communities Grant Program Fund.

(a) E stablishment.--The Safe Communities Grant Program Fund

is established in the State Treasury.

(b) Appropriation.--All money deposited into the fund and

interest earned on the money in the fund are appropriated to the

commission on a continuing basis to award grants under this

chapter.

§ 5904. Applications.

(a) Forms.-- The commission shall develop annual grant

application forms for any eligible applicants that seek a

program grant. At a minimum, the forms shall contain the

following information:

(1) The name, address and contact information of the

municipality.

(2) The amount of program grant money requested.

(3) The proposed use for the requested program grant

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money.

(4) If applicable, a detailed plan describing the

monitoring of any security cameras installed with money from

the program.

(5) If applicable, a detailed maintenance plan for any

lighting installed with money from the program.

(6) Any other information that the commission deems

necessary and appropriate.

(b) Application period.--Beginning no later than 180 days

after the effective date of this section, the commission shall

begin accepting and processing applications. For all subsequent

years, the commission shall establish an application period

during which applications for grants under this chapter are

accepted.

§ 5905. Award of program grants.

(a) Review.--After review of the information provided under

each applicant's submitted application form, the commission

shall determine whether to award grant program money to the

applicant and, if so, the amount of the program grant money

awarded.

(b) Allocation.--The commission may not award a grant in

excess of $25,000 nor provide grants in excess of the amount in

the fund.

awarded on a competitive basis to eligible applicants. In

awarding program grants, the commission shall:

(1) Give preference to applicants whose grant proposals

demonstrate the greatest likelihood of reducing the number of

persons victimized by gun violence in their community.

(2) Consider the scope of the applicant's proposal and

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the applicant's demonstrated need for additional resources to

effectively reduce gun violence in the affected municipality.

(d) Time periods.--

(1) The commission shall approve or deny an application

no later than 60 days after the receipt of the application.

(2) If the commission fails to approve or deny within 60

days after the receipt of the application, the application

shall be deemed denied.

(e) N otice.--

(1) The commission shall provide written notice to the

applicant of the award or denial of the program grant money.

(2) Notice of the award of program grant money shall

include the amount of the program grant money awarded and any

conditions or restrictions on the use of the program grant

money.

(3) Notice of the denial of all or part of the program

grant money requested shall include the reasons for the full

or partial denial.

§ 5906. Reports.

No less than every three years, the commission shall prepare

and submit a report to the General Assembly regarding the rate

of gun violence in municipalities that received grants from the

program.

Section 4 2. This act shall take effect in 60 days.

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