THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STURLA, BELFANTI, BRIGGS, CALTAGIRONE, CASORIO, GRUCELA AND JOSEPHS, AUGUST 19, 2010

REFERRED TO COMMITTEE ON TRANSPORTATION, AUGUST 19, 2010  

AN ACT

Amending Titles 44 (Law and Justice) and 74 (Transportation) of

the Pennsylvania Consolidated Statutes, imposing a fee for

service on municipalities for patrol services provided by the

Pennsylvania State Police; and providing for allocation of

funds, for fees for intermunicipal police response, for

patrol responsibility, for penalties and for annual

limitation on expenditure from Motor License Fund.

The General Assembly declares that the fees for service

established under 44 Pa.C.S. Ch. 25 reflect the existing cost of

providing Pennsylvania State Police patrol services in this

Commonwealth. It is not the intent of 44 Pa.C.S. Ch. 25 to

generate additional revenue for the General Fund, and all fees

for service collected under 44 Pa.C.S. Ch. 25 shall be used

solely for Pennsylvania State Police operations.

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.  Pennsylvania State Police full-time patrol services fee.

2504.  Pennsylvania State Police part-time patrol services fee.

2505.  Reduction or elimination.

2506.  Allocation.

2507.  Distressed municipalities.

2508.  Annual reports by the Pennsylvania State Police.

2509.  Intermunicipal police response.

2510.  Patrol responsibility.

2511.  Penalties.

2512.  Prohibition.

2513.  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.

"Local full-time patrol services."  Patrol services provided

by a municipality for a period of 24 hours a day and seven days

per week.

"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 per week.

"Patrol services."  Police services provided to protect

public safety by maintaining order, protecting people and

property and enforcing motor vehicle and criminal laws, by

routine visits through a municipality.

"Pennsylvania State Police full-time patrol services."

Patrol services provided by the Pennsylvania State Police which 

are the primary police services for a municipality.

"Pennsylvania State Police part-time patrol services."

Patrol services provided by the Pennsylvania State Police which

supplement the local part-time patrol services provided in the

municipality.

§ 2503.  Pennsylvania State Police full-time patrol services

fee.

(a)  Requirement.--

(1)  Each municipality which receives the  Pennsylvania

State Police full-time patrol services and which meets the

criteria under paragraph (2) shall pay the fee for service

under subsection (b) for the Pennsylvania State Police full-

time patrol services provided in the previous calendar year.

(2)  (i)  Does not provide its own local full-time patrol

services.

(ii)  Does not participate in a regional police force

for local full-time patrol services.

(iii)  Does not contract with another municipality

for local full-time patrol services.

(b)  Amount.--A fee for service shall be paid by a

municipality under subsection (a) as follows:

(1)  For the first year of service, the fee for service

shall be $52 per person per year.

(2)  For the second year of service, the fee for service

shall be $104 per person per year.

(3)  For the third and subsequent years of service, the

fee for service shall be $156 per person per year for the

Pennsylvania State Police full-time patrol services.

(c)  Elimination.--If a municipality currently provides or

institutes local full-time patrol services and subsequently

eliminates the services, the municipality shall be assessed at a

fee for service of $156 per person per year.

(d)  Determination and payment.--

(1)  The commissioner shall determine if a municipality

meets the necessary criteria to be considered as having local

full-time patrol services and shall maintain a list of those

municipalities, which shall be made available to municipal

officials.

(2)  The commissioner shall submit an invoice by February

1 to each municipality determined under paragraph (1) for the

Pennsylvania State Police full-time patrol services provided

in the preceding calendar year. The fee for service shall be

paid on a quarterly basis in equal installments to the

Commonwealth. The population figures for each municipality

used by the commissioner shall be based upon the most recent

Federal decennial census but shall not include any individual

who is incarcerated or confined in an institution operated by

the Federal Bureau of Prisons, a State correctional facility,

a county correctional facility or a juvenile detention

center.

(3)  If the commissioner determines that the cost for

providing the Pennsylvania State Police patrol services is

less than the fees due by a municipality in a calendar year,

the commissioner may adjust the fees for service accordingly.

§ 2504.  Pennsylvania State Police part-time patrol services

fee.

(a)  Requirement.--

(1)  Each municipality which receives the Pennsylvania

State Police part-time patrol services and which meets any of

the criteria under paragraph (2) shall, if the municipality

is not exempt under paragraph (3) or opts out of the fee for

service under paragraph (4), pay the fee for service under

subsection (b) for the Pennsylvania State Police part-time

patrol services provided in the previous calendar year.

(2)  (i)  Provides its own local part-time patrol

services.

(ii)  Participates in a regional police force for

local part-time patrol services.

(iii)  Contracts with another municipality for local

part-time patrol services.

(3)  (i)  The following municipalities shall be exempt

from paying a fee for service under paragraph (1):

(A)  Municipalities with a population of 1,000

people or less that provide or contract for patrol

services for at least 40 hours per week.

(B)  Municipalities with a population of over

1,000 people but less than 3,500 people that provide

or contract for patrol services for at least 80 hours

per week.

(C)  Municipalities that, for each 2,500 persons

the municipality has over a population of 3,500

persons, provide or contract for patrol services of

an additional 40 hours per week over 80 hours per

week.

(ii)  A municipality that qualifies for an exemption

under subparagraph (i)(C) shall not be considered to

provide local full-time patrol services.

(4)  The governing body of a municipality which receives

the Pennsylvania State Police part-time patrol services

outlined may choose to opt out of paying a fee for service

under this section by submitting a letter to the commissioner

giving notice of its decision. Upon receipt of the letter,

the commissioner shall direct that the appropriate

Pennsylvania State Police barracks commanders that patrol

services no longer be provided to the municipality and that

the Pennsylvania State Police be responsible only for

responding to emergencies or calls to respond to specific

incidents. The commissioner shall provide the municipality

with a fee-for-service schedule for responses to incidents or

emergencies within the municipality. On February 1 of the

following calendar year, the commissioner shall submit an

invoice to the municipality for the cost of the services

provided in the previous calendar year, which shall be paid

on a quarterly basis in equal installments to the

Commonwealth.

(b)  Amount.--A fee for service shall be paid by a

municipality under subsection (a) as follows:

(1)  For the first year of service, the fee for service

shall be $17 per person per year.

(2)  For the second year of service, the fee for service

shall be $34 per person per year.

(3)  For the third and subsequent years of service, the

fee for service shall be $52 per person per year.

(c)  Elimination.--If a municipality currently provides or

institutes local part-time patrol services and subsequently

eliminates the services, the municipality shall be assessed a

fee for service of $52 per person per year for the Pennsylvania

State Police part-time services.

(d)  Determination and payment.--

(1)  The commissioner shall determine if a municipality

meets the necessary criteria to be considered as having local

part-time patrol services and shall maintain a list of those

municipalities, which shall be made available to municipal

officials.

(2)  The commissioner shall submit an invoice by February

1 to each municipality determined under paragraph (1) for the

Pennsylvania State Police part-time patrol services provided

in the preceding calendar year. The fee for service shall be

paid on a quarterly basis to the Commonwealth. The population

figures for each municipality used by the commissioner shall

be based upon the most recent Federal decennial census, but

shall not include any individual who is incarcerated or

confined in an institution operated by the Federal Bureau of

Prisons, a State correctional facility, a county correctional

facility or a juvenile detention center.

(3)  If the commissioner determines that the cost for

providing the Pennsylvania State Police patrol services is

less than the fees due by a municipality in a calendar year,

the commissioner may adjust the fees for service accordingly.

§ 2505.  Reduction or elimination.

If a municipality that is paying a fee for service under

section 2503 (relating to Pennsylvania State Police full-time

patrol services fee) or 2504 (relating to Pennsylvania State

Police part-time patrol services fee) institutes police patrol

services sufficient to cause a reduction or elimination in the

fee for service being paid, the municipality shall not be

required to pay the fee for service for the portion of the year

during which the local patrol service is provided.

§ 2506.  Allocation.

The funds collected annually under this chapter shall be

deposited into the General Fund for the cost of the

Pennsylvania State Police operations.

§ 2507.  Distressed municipalities.

Notwithstanding any other provision of this chapter, a

municipality that is determined to be 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 for

service under this chapter unless the municipality eliminates

local full-time or part-time patrol services after it has been

determined to be distressed under the Municipalities Financial

Recovery Act or within three years prior to its request for

distressed status under the Municipalities Financial Recovery

Act. A municipality that was once classified as distressed under

the Municipalities Financial Recovery Act, but is not currently

deemed distressed by the Department of Community and Economic

Development, shall be required to pay the fees for service under

this chapter.

§ 2508.  Annual reports by the Pennsylvania State Police.

The commissioner shall prepare and disseminate annual reports

to any municipality paying a fee for service under this chapter.

The report shall include:

(1)  Total hours patrolled.

(2)  Dates and times patrolled.

(3)  Number of incidents responded to.

§ 2509.  Intermunicipal police response.

A municipality or regional police force providing local full-

time or part-time patrol services may levy a per-incident or

hourly fee for service on another municipality which does not

have patrol services if the municipality or regional police

force is requested by the Pennsylvania State Police to respond

to an incident within the municipality which does not have local

patrol services.

§ 2510.  Patrol responsibility.

Notwithstanding any other provision of law, the Pennsylvania

State Police shall be responsible for patrolling all interstate

highways in this Commonwealth, unless an agreement has been

reached between the commissioner and a local or regional police

department for patrolling on a specified portion of an

interstate highway.

§ 2511.  Penalties.

The following shall apply:

(1)  Any municipality failing to make a payment required

under this chapter shall forfeit all payments to be received

from the Commonwealth until the outstanding balance owed is

paid in full.

(2)  Any municipality which fails to make the full

quarterly payment within one year of the date the payment is

due shall forfeit all of the Pennsylvania State Police patrol

services until the outstanding payment is paid in full.

(3)  Upon declaration of a local emergency, as defined in

35 Pa.C.S. § 7102 (relating to definitions), a municipality

may request an extension of time for payment from the

commissioner.

§ 2512.  Prohibition.

The fee for service shall be calculated on a per-capita basis

by the Commonwealth as a method to determine total municipal

fees assessed, except that no tax, fee or other assessment may

be levied by a municipality on a per-capita basis for the

purpose of funding the fees under this chapter.

§ 2513.  Applicability.

This chapter shall apply to the Pennsylvania State Police

patrol services provided in the calendar year beginning after

the year in which this section takes effect.

Section 2.  Title 74 is amended by adding a section to read:

§ 304.  Annual limitation on expenditure from Motor License

Fund.

Notwithstanding any other law, no more than the following

amounts for the fiscal years specified may be expended or

transferred from the Motor License Fund for the purpose of the

operations of the Pennsylvania State Police:

(1)  For the fiscal year beginning July 1, 2011, not more

than $500,000,000.

(2)  For the fiscal year beginning July 1, 2012, not more

than $450,000,000.

(3)  For the fiscal year beginning July 1, 2013, not more

than $400,000,000.

(4)  For the fiscal year beginning July 1, 2014, not more

than $350,000,000.

(5)  For the fiscal year beginning July 1, 2015, not more

than $300,000,000.

(6)  For the fiscal year beginning July 1, 2016, not more

than $250,000,000.

(7)  For the fiscal year beginning July 1, 2017, not more

than $200,000,000.

(8)  For the fiscal year beginning July 1, 2018, not more

than $150,000,000.

(9)  For the fiscal year beginning July 1, 2019, not more

than $100,000,000.

(10)  For the fiscal year beginning July 1, 2020, not

more than $50,000,000.

(11)  For the fiscal year beginning July 1, 2021, and

each fiscal year thereafter, no money may be expended or

transferred from the Motor License Fund for that purpose.

Section 3.  This act shall take effect as follows:

(1)  The addition of 74 Pa.C.S. § 304 shall take effect

in 60 days.

(2)  The remainder of this act shall take effect

immediately.