Bill Text: PA HB1153 | 2011-2012 | Regular Session | Introduced

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Bill Title: In firearms and other dangerous articles, further providing for license fees.

Spectrum: Slight Partisan Bill (Republican 11-6)

Status: (Introduced - Dead) 2011-05-09 - Laid on the table [HB1153 Detail]

Download: Pennsylvania-2011-HB1153-Introduced.html

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PRINTER'S NO. 1255
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1153 Session of2011
INTRODUCED BY DAY, PICKETT, BOYD, CLYMER, D. COSTA, DEASY, GROVE, HORNAMAN, KNOWLES, KORTZ, MILLER, MURT, READSHAW, REICHLEY, SONNEY AND SWANGER, MARCH 21, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 21, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for license fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6109(h) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6109. Licenses.
* * *
(h) Fee.--
(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] Except as otherwise provided in subsection
(m.1), the total fee for a license to carry a firearm shall
be $25. This fee shall include all of the following:
(i) A renewal notice processing fee of $1.50.
(ii) [An administrative fee of $5 under section
14(2) of] Any fee under the act of July 6, 1984 (P.L.614,
No.127), known as the Sheriff Fee Act.
(iii) The fees described in paragraphs (2)(ii),
(2.1) and (3).
(2) (i) The Pennsylvania Commission on Crime and
Delinquency shall implement, within five years of the
effective date of this paragraph, a system in conjunction
with the Pennsylvania State Police and the Pennsylvania
Sheriffs' Association to standardize and modernize the
process of issuing licenses to carry firearms. Upon
implementation of the system under this paragraph, the
Pennsylvania Commission on Crime and Delinquency shall
publish notice thereof in the Pennsylvania Bulletin.
(ii) An additional temporary fee of $5 shall be
remitted by the sheriff to the Firearms License to Carry
Modernization Account, which is hereby established as a
special restricted receipt account within the General
Fund of the State Treasury. Moneys and investment income
in the account shall be awarded as grants to sheriffs to
implement the system, including grants to reimburse
sheriffs for expenses incurred prior to the effective
date of this paragraph.
(iii) Moneys credited to the account and any
investment income accrued are hereby appropriated on a
continuing basis to the Pennsylvania Commission on Crime
and Delinquency. The commission shall establish
procedures related to the application process for and
distribution of funds to sheriffs under this paragraph.
Notwithstanding the provisions of subparagraph (ii), the
commission may withhold annually an amount not exceeding
5% of the funds credited to the account in that fiscal
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year for the cost to implement the system under
subparagraph (i) and for administrative costs directly
related to the responsibilities of the commission under
this paragraph.
(iv) This paragraph shall expire [five years after
its effective date] May 8, 2011. Any surplus funds
remaining in the account established in subparagraph (ii)
[at such time] on that date shall [lapse into the
General] be transferred to the Sheriffs' Equipment and
Training Fund established in paragraph (2.1).
(2.1) (i) The Pennsylvania Commission on Crime and
Delinquency shall create a program, in conjunction with
the Pennsylvania Sheriffs' Association, to provide for
grants to sheriffs for law enforcement equipment and
training.
(ii) On or after May 8, 2011, an additional fee of
$5 shall be remitted by the sheriff to the Sheriffs'
Equipment and Training Fund, which is hereby established
as a special restricted receipt account within the State
Treasury. Moneys and investment income in the account
shall be awarded as grants to sheriffs for law
enforcement equipment and training.
(iii) Moneys credited to the account and any
investment income accrued are hereby appropriated on a
continuing basis to the Pennsylvania Commission on Crime
and Delinquency. The commission shall establish
procedures related to the application process for and
distribution of funds to sheriffs under this paragraph.
Notwithstanding the provisions of subparagraph (ii), the
commission may withhold annually an amount not exceeding
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5% of the funds credited to the account in that fiscal
year for administrative costs directly related to the
responsibilities of the commission under this paragraph.
(iv) No grant shall be awarded under this paragraph
to a sheriff who:
(A) except as otherwise provided in subsection
(m.1), sells or attempts to sell a license to carry a
firearm for a fee in excess of, or lower than, $25;
(B) fails to send applications for renewal as
provided in subsection (f)(2); or
(C) uses an application form other than the
uniform application prescribed by the Pennsylvania
State Police pursuant to subsection (c).
(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] Except as otherwise provided under subsection
(m.1), no fee [other than that provided by this subsection or
the Sheriff Fee Act] in excess of, or lower than, $25 may be
assessed by the sheriff for the performance of any background
check made pursuant to this [act] section or the issuance of
a license to carry a firearm.
(5) The fee is payable to the sheriff to whom the
application is submitted and is payable at the time of
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application for the license.
(6) Except for the administrative fee of $5 under
section 14(2) of the Sheriff Fee Act, 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] Except as otherwise provided under subsection
(m.1), any 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], or lower than, $25 commits a summary
offense.
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Section 2. This act shall take effect immediately.
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