HOUSE AMENDED PRIOR PRINTER'S NOS. 1023, 1787 PRINTER'S NO. 2220
No. 812 Session of 2005
INTRODUCED BY THOMPSON, ROBBINS, STOUT AND WOZNIAK, JUNE 28, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 24, 2006
AN ACT 1 Amending the act of April 9, 1929 (P.L.343, No.176), entitled, 2 as amended, "An act relating to the finances of the State 3 government; providing for the settlement, assessment, 4 collection, and lien of taxes, bonus, and all other accounts 5 due the Commonwealth, the collection and recovery of fees and 6 other money or property due or belonging to the Commonwealth, 7 or any agency thereof, including escheated property and the 8 proceeds of its sale, the custody and disbursement or other 9 disposition of funds and securities belonging to or in the 10 possession of the Commonwealth, and the settlement of claims 11 against the Commonwealth, the resettlement of accounts and 12 appeals to the courts, refunds of moneys erroneously paid to 13 the Commonwealth, auditing the accounts of the Commonwealth 14 and all agencies thereof, of all public officers collecting 15 moneys payable to the Commonwealth, or any agency thereof, 16 and all receipts of appropriations from the Commonwealth, 17 authorizing the Commonwealth to issue tax anticipation notes 18 to defray current expenses, implementing the provisions of 19 section 7(a) of Article VIII of the Constitution of 20 Pennsylvania authorizing and restricting the incurring of 21 certain debt and imposing penalties; affecting every 22 department, board, commission, and officer of the State 23 government, every political subdivision of the State, and 24 certain officers of such subdivisions, every person, 25 association, and corporation required to pay, assess, or 26 collect taxes, or to make returns or reports under the laws 27 imposing taxes for State purposes, or to pay license fees or 28 other moneys to the Commonwealth, or any agency thereof, 29 every State depository and every debtor or creditor of the 30 Commonwealth," further providing for property held by courts 31 and public officers and agencies; PROVIDING FOR COMMONWEALTH <--
1 SUPPORT FOR HIRING MUNICIPAL POLICE OFFICERS; AND MAKING AN 2 APPROPRIATION. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Section 1301.9 of the act of April 9, 1929 6 (P.L.343, No.176), known as The Fiscal Code, amended December 7 23, 2003 (P.L.243, No.45), is amended to read: 8 Section 1301.9. Property Held by Courts and Public Officers 9 and Agencies.--The following property is presumed abandoned and 10 unclaimed: 11 1. Except as provided in [clause 2 or 6] clauses 2 and 2.1 12 or clause 6, all property held for the owner by any court, 13 public corporation, public authority or instrumentality of the 14 United States, the Commonwealth, or any other state, or by a 15 public officer or political subdivision thereof, unclaimed by 16 the owner for more than five (5) years from the date it first 17 became demandable or distributable. 18 2. Bicycles held for the owner by a municipality unclaimed 19 by the owner for more than ninety (90) days from the date it 20 first became demandable or distributable. 21 2.1. All tangible property, other than bicycles, held for 22 the owner by a municipality unclaimed by the owner for more than 23 three (3) years from the date it first became demandable or 24 distributable. 25 3. The bicycles held pursuant to clause 2 and tangible 26 property held pursuant to clause 2.1 and which the State 27 Treasurer refuses in writing to accept may be disposed of by the 28 municipality to the highest bidder after due notice by 29 advertisement for bids or at public auction at such time and 30 place as may be designated by the municipality or the governing 20050S0812B2220 - 2 -
1 body may, by resolution, donate the bicycles or such tangible 2 property to a charitable organization. Any proceeds from the 3 sale of the bicycles or such tangible property shall be retained 4 by the municipality and used for municipal purposes. 5 4. Bicycles held by or acquired by the Commonwealth for 6 ninety (90) days may be disposed of at public auction at such 7 time and place as may be designated by the State Treasurer. 8 Proceeds of such sale or sales shall be deposited in the General 9 Fund. 10 5. All property held by or subject to the control of any 11 court, public corporation, public authority or instrumentality 12 of the Commonwealth or by a public officer or political 13 subdivision thereof, which is without a rightful or lawful 14 owner, to the extent not otherwise provided for by law, held for 15 more than one year. 16 6. Restitution held for the owner by any court, public 17 corporation, public authority or instrumentality of the 18 Commonwealth, or by a public officer or political subdivision 19 thereof, unclaimed by the owner for more than five (5) years 20 from the date it first became demandable or distributable. 21 Section 2. This act shall take effect in 60 days. <-- 22 SECTION 2. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: <-- 23 ARTICLE XVI-E 24 COMMONWEALTH SUPPORT FOR HIRING 25 MUNICIPAL POLICE OFFICERS 26 SECTION 1601-E. SCOPE. 27 THIS ARTICLE SHALL RELATE TO COMMONWEALTH SUPPORT FOR HIRING 28 MUNICIPAL POLICE OFFICERS. 29 SECTION 1602-E. DEFINITIONS. 30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 20050S0812B2220 - 3 -
1 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 2 CONTEXT CLEARLY INDICATES OTHERWISE: 3 "FUND." THE COMMONWEALTH OFFICER FUND ESTABLISHED IN SECTION 4 1604-E. 5 "POLICE DEPARTMENT." A PUBLIC AGENCY OF A MUNICIPALITY 6 HAVING GENERAL POLICE POWERS AND CHARGED WITH MAKING ARRESTS IN 7 CONNECTION WITH THE ENFORCEMENT OF CRIMINAL OR TRAFFIC LAWS. THE 8 TERM INCLUDES A REGIONAL POLICE DEPARTMENT ORGANIZED UNDER 53 9 PA.C.S. CH. 23 SUBCH. A (RELATING TO INTERGOVERNMENTAL 10 COOPERATION). 11 "POLICE OFFICER." A FULL-TIME ACTIVE SWORN OFFICER EMPLOYED 12 BY A MUNICIPALITY AND ASSIGNED TO CRIMINAL LAW ENFORCEMENT OR 13 TRAFFIC DUTIES IN A SPECIFIC UNIFORMED POLICE DISTRICT WITHIN A 14 MUNICIPALITY. THE TERM DOES NOT INCLUDE: 15 (1) AUXILIARY AND FIRE POLICE. 16 (2) PERSONS ASSIGNED TO TRANSPORTATION CENTERS. 17 (3) PERSONS EMPLOYED TO CHECK PARKING METERS OR TO 18 PERFORM ONLY ADMINISTRATIVE DUTIES. 19 (4) PERSONS ON SPECIAL DETAIL OR ON RESTRICTED OR 20 LIMITED DUTY. 21 "PROGRAM." THE COMMONWEALTH OFFICER PROGRAM ESTABLISHED 22 UNDER SECTION 1603-E. 23 "SALARY." INCLUDES BASE PAY AND HEALTH BENEFITS. THE TERM 24 DOES NOT INCLUDE OVERTIME, LONGEVITY OR PENSION COMPENSATION. 25 SECTION 1603-E. PROGRAM. 26 THE COMMONWEALTH OFFICER PROGRAM IS HEREBY ESTABLISHED IN THE 27 OFFICE OF ATTORNEY GENERAL. THE GOAL OF THE PROGRAM IS TO 28 PROVIDE COMMONWEALTH SUPPORT TO COMMUNITIES THROUGHOUT THIS 29 COMMONWEALTH TO HIRE 10,000 NEW POLICE OFFICERS BY THE YEAR 30 2011. THE OFFICE OF ATTORNEY GENERAL SHALL DO THE FOLLOWING: 20050S0812B2220 - 4 -
1 (1) ADMINISTER THE PROGRAM. 2 (2) REVIEW, APPROVE AND AWARD GRANTS TO APPLICANTS UNDER 3 THE PROGRAM. 4 SECTION 1604-E. FUND. 5 THERE IS ESTABLISHED IN THE STATE TREASURY A SPECIAL FUND TO 6 BE KNOWN AS THE COMMONWEALTH OFFICER FUND. DEPOSITS IN THE FUND 7 SHALL INCLUDE APPROPRIATIONS. MONEY DEPOSITED IN THE FUND AND 8 INTEREST WHICH ACCRUES FROM THOSE FUNDS ARE APPROPRIATED ON A 9 CONTINUING BASIS FOR THE PURPOSES OF THIS ARTICLE. 10 SECTION 1605-E. DEDICATION OF FUNDING. 11 (A) PRIORITY.--THE OFFICE OF ATTORNEY GENERAL SHALL ALLOCATE 12 THE MONEY AVAILABLE IN THE FUND IN THE FOLLOWING ORDER OF 13 PRIORITY: 14 (1) RURAL MUNICIPALITIES EMPLOYING FEWER THAN TEN POLICE 15 OFFICERS. 16 (2) MUNICIPALITIES IN COUNTIES WITH THE HIGHEST 17 PERCENTAGE OF TOTAL CRIMES REPORTED STATEWIDE AS RECORDED IN 18 THE PENNSYLVANIA UNIFORM CRIME REPORTING SYSTEM. 19 (3) MUNICIPALITIES IN COUNTIES HAVING THE LARGEST 20 POPULATION. 21 (B) FORMULA.--THE OFFICE OF ATTORNEY GENERAL SHALL DEVELOP A 22 FORMULA FOR AWARD OF PROGRAM GRANTS WHICH USES A COUNTY'S 23 EXISTING NUMBER OF POLICE OFFICERS, CRIME RATE AND POPULATION TO 24 ACHIEVE THE FUNDING PRIORITY UNDER SUBSECTION (A). 25 SECTION 1606-E. APPLICATIONS. 26 (A) SUBMISSION.--A COUNTY MAY SUBMIT AN APPLICATION TO THE 27 OFFICE OF ATTORNEY GENERAL FOR A PROGRAM GRANT. AN APPLICATION 28 SHALL: 29 (1) INCLUDE A COMMITMENT FROM THE COUNTY TO INVEST 30 MATCHING FUNDS IN THE PROGRAM. 20050S0812B2220 - 5 -
1 (2) INCLUDE A COMMITMENT FROM A MUNICIPALITY SELECTED BY 2 THE COUNTY TO RECEIVE A PROGRAM GRANT TO INVEST MATCHING 3 FUNDS IN THE PROGRAM. 4 (B) MINIMUM MATCHING FUNDS REQUIRED.--A COUNTY RECEIVING A 5 PROGRAM GRANT SHALL COMMIT MATCHING FUNDS IN AN AMOUNT 6 EQUIVALENT TO NO LESS THAN 30% OF THE TOTAL GRANT TO THE COUNTY. 7 A MUNICIPALITY SELECTED BY THE COUNTY TO RECEIVE GRANT FUNDS 8 SHALL COMMIT MATCHING FUNDS IN AN AMOUNT EQUIVALENT TO NO LESS 9 THAN 20% OF THE MUNICIPALITY'S GRANT. 10 (C) EXEMPTION.--THE OFFICE OF ATTORNEY GENERAL SHALL WAIVE 11 THE MATCHING FUNDS REQUIREMENT AT THE REQUEST OF A COUNTY OR 12 MUNICIPALITY DURING THE FIRST YEAR OF PROGRAM IMPLEMENTATION. 13 SECTION 1607-E. USE OF FUNDS. 14 A MUNICIPALITY SELECTED BY THE COUNTY TO RECEIVE GRANT FUNDS 15 SHALL USE THE FUNDS TO DO ANY OF THE FOLLOWING: 16 (1) HIRE NEW POLICE OFFICERS. ANY NEW POSITION 17 ESTABLISHED MUST BE FUNDED FOR A MINIMUM OF 20 YEARS. DURING 18 THE FIRST FOUR YEARS FOLLOWING IMPLEMENTATION OF THE PROGRAM, 19 FUNDS MUST BE USED TO HIRE NEW POLICE OFFICERS. FOLLOWING THE 20 FOURTH YEAR OF IMPLEMENTATION, FUNDS SHALL BE USED TO PAY 21 OFFICERS' SALARIES AT THE RATE OF $25,000 PER YEAR PER 22 OFFICER. 23 (2) USE UP TO 50% OF THE COMMONWEALTH FUNDS RECEIVED FOR 24 RECRUITING, TRAINING, EQUIPMENT OR OTHER COSTS ASSOCIATED 25 WITH MAINTAINING A FULL-TIME COMPLEMENT OF POLICE OFFICERS. 26 SECTION 1608-E. LAPSE. 27 FUNDS FROM THE FOLLOWING APPROPRIATIONS SHALL LAPSE TO THE 28 GENERAL FUND: 29 (1) $10,000,000 FROM THE APPROPRIATION FOR THE 30 COMMONWEALTH TECHNOLOGY SERVICES UNDER SECTION 202 OF THE ACT 20050S0812B2220 - 6 -
1 OF JULY 2, 2006 (P.L. , NO.2A), KNOWN AS THE GENERAL 2 APPROPRIATION ACT OF 2006. 3 (2) $11,500,000 FROM THE APPROPRIATION FOR THE SENATE 4 CAUCUS OPERATIONS ACCOUNT (R) UNDER SECTION 251 OF THE 5 GENERAL APPROPRIATION ACT OF 2006. 6 (3) $11,500,000 FROM THE APPROPRIATION FOR THE SENATE 7 CAUCUS OPERATION ACCOUNT (D) UNDER SECTION 251 OF THE GENERAL 8 APPROPRIATION ACT OF 2006. 9 (4) $11,500,000 FROM THE APPROPRIATION FOR THE HOUSE OF 10 REPRESENTATIVES LEGISLATIVE MANAGEMENT ACCOUNT (R) UNDER 11 SECTION 252 OF THE GENERAL APPROPRIATION ACT OF 2006. 12 (5) $11,500,000 FROM THE HOUSE OF REPRESENTATIVES 13 LEGISLATIVE MANAGEMENT ACCOUNT (D) UNDER SECTION 252 OF THE 14 GENERAL APPROPRIATION ACT OF 2006. 15 SECTION 3. THE SUM OF $56,000,000, OR AS MUCH THEREOF AS MAY 16 BE NECESSARY, IS HEREBY APPROPRIATED TO THE COMMONWEALTH OFFICER 17 FUND FOR THE FISCAL YEAR JULY 1, 2006, TO JUNE 30, 2007, TO 18 CARRY OUT THE PROVISIONS OF ARTICLE XVI-E OF THE ACT. 19 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 20 (1) THE AMENDMENT OF SECTION 1301.9 OF THE ACT SHALL 21 TAKE EFFECT IN 60 DAYS. 22 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 23 IMMEDIATELY. F9L72RLE/20050S0812B2220 - 7 -