H0859B2086A03330 NAD:JMT 10/22/19 #90 A03330
AMENDMENTS TO HOUSE BILL NO. 859
Sponsor: SENATOR DiSANTO
Printer's No. 2086
Amend Bill, page 1, line 3, by striking out "counties
DEFINITIONS, FOR"
Amend Bill, page 1, lines 4 through 6, by striking out ", FOR
COUNTIES, FOR FUND, FOR" in line 4 and all of lines 5 and 6 and
inserting
and providing for Nonprofit Security Grant Fund.
Amend Bill, page 1, lines 9 through 18; pages 2 through 7,
lines 1 through 30; page 8, lines 1 through 4; by striking out
all of said lines on said pages and inserting
Section 1. Section 5303(a) of Title 35 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5303. Telecommunications management.
(a) Powers and duties of agency.--The agency shall have the
following powers and duties:
(1) To adopt rules and regulations as necessary to
enforce this chapter. Rules and regulations proposed under
the authority of this section shall be subject to review by
the General Counsel and the Attorney General in the manner
provided for the review of proposed rules and regulations
pursuant to the act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act, and the act of June
25, 1982 (P.L.633, No.181), known as the Regulatory Review
Act.
(2) To publish guidelines and application procedures for
the collection and distribution of fees collected under this
chapter.
(3) To receive, review and approve or disapprove all 911
system plans in accordance with standards developed in
consultation with the board.
(4) To establish, in consultation with the board, a
Statewide 911 plan that sets forth priorities for 911 systems
in this Commonwealth and plans for next generation 911
technology.
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(5) To designate a State 911 coordinator who shall be an
employee of the agency.
(6) To provide administrative and support staff to the
board as necessary.
(7) To establish formulas and methods to distribute
money in accordance with section 5306.1 (relating to fund) in
consultation with the board.
(8) To establish and publish annually uniform standards
relating to technology, next generation 911 technology,
administration and operation of 911 systems in consultation
with the board.
(9) To cooperate with county and regional 911 systems to
develop interconnectivity of 911 systems through the
establishment, enhancement, operation and maintenance of an
Internet protocol network.
(10) To establish and publish annually, in consultation
with the board, eligible uses for money received under this
chapter, including next generation 911 technology.
(11) To request information and require audits or
reports relating to program compliance from any entity
remitting the surcharge to or receiving disbursements from
the fund.
(11.1) To subpoena witnesses, administer oaths, examine
witnesses, take such testimony and compel the production of
such books, records, papers and documents as it may deem
necessary or proper in and pertinent to any proceeding,
investigation or hearing.
(12) To require a biennial performance audit of each 911
system's use of money from the fund, including allocations to
capital or operating reserves.
(13) To prescribe the applications and forms necessary
to enforce this chapter.
(14) [To] No later than December 1 of each year, to
report to the General Assembly [annually] on the revenue and
distributions from the fund for the previous fiscal year and
the compliance with the Commonwealth's 911 priorities. In
addition the report shall include a listing of any 911
systems that have merged or consolidated during the previous
year.
(15) To adopt, in consultation with the board, minimum
training, certification and quality assurance standards for
emergency dispatchers, call takers and supervisors.
(16) To develop, in consultation with the board, a
comprehensive plan for the implementation of a Statewide
interoperable Internet protocol network using next generation
911 technology that coordinates the delivery of Federal,
State, regional and local emergency services.
(17) To enforce this chapter through injunction,
mandamus or other appropriate proceeding.
(18) To take other actions necessary to implement and
enforce this chapter.
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* * *
Section 2. Title 35 is amended by adding a chapter to read:
CHAPTER 56
NONPROFIT SECURITY GRANT FUND
Sec.
5601. Definitions.
5602. Nonprofit Security Grant Fund.
5603. Administration.
5604. Expiration.
§ 5601. 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:
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Eligible applicant." A nonprofit organization.
"Eligible project." Security enhancements designed to
protect the safety and security of the users of a facility
located in this Commonwealth that is owned or operated by a
nonprofit organization.
"Facility." A building or portion of a building owned or
operated by a nonprofit organization and used to carry out the
organization's mission, including community space, community
centers, day care or adult care facilities.
"Fund." The Nonprofit Security Grant Fund established under
section 5602 (relating to Nonprofit Security Grant Fund).
"Nonprofit organization." A corporation or other entity
based in this Commonwealth which:
(1) is an exempt organization as defined under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law
99-514, 26 U.S.C. § 501(c)(3)); and
(2) principally serves individuals, groups or
institutions that are included within a bias motivation
category for single bias hate crime incidents identified by
the Federal Bureau of Investigation in its 2017 Hate Crime
Statistics publication under the Uniform Crime Reporting
Program.
"Security enhancements." The term includes:
(1) Safety and security planning.
(2) Purchase of safety and security equipment.
(3) Purchase of security-related technology, which may
include, but is not limited to:
(i) Metal detectors.
(ii) Protective lighting.
(iii) Surveillance equipment.
(iv) Special emergency communications equipment.
(v) Electronic locksets.
(vi) Deadbolts.
(vii) Trauma kits.
(viii) Theft control devices.
(4) Safety and security training.
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(5) Threat awareness and response training.
(6) Upgrades to existing structures that enhance safety
and security.
(7) Vulnerability and threat assessments.
(8) Specialty-trained canines.
(9) Any other safety or security-related project that
enhances safety or security of the nonprofit organization.
§ 5602. Nonprofit Security Grant Fund.
(a) Establishment.--The Nonprofit Security Grant Fund is
established as a special fund in the State Treasury.
(b) Appropriation.--All money deposited in the fund under
subsection (d) and the interest the money accrues shall be
appropriated to the commission on a continuing basis to award
grants under this chapter.
(c) Transfers from General Fund.--Money available to the
fund shall include transfers from the General Fund as provided
under subsection (d).
(d) Transfer by Secretary of the Budget.--No later than 30
days after the effective date of this section, the Secretary of
the Budget shall transfer to the fund $5,000,000 of the
unexpended, unencumbered prior year funds that were originally
appropriated from the General Fund to any executive branch
agency which is subject to the policy, supervision and control
of the Governor. The Secretary of the Budget may only make the
transfer of funds if the transfer will not result in a deficit
in any appropriation from which the funds are transferred. No
less than 10 days prior to the transfer, the Secretary of the
Budget shall send notification of the transfer in writing to the
chairperson and the minority chairperson of the Appropriation
committee of the Senate and the chairperson and the minority
chairperson of the Appropriations Committee of the House of
Representatives.
(e) Appropriation by General Assembly.--Beginning with the
2020-2021 fiscal year, the General Assembly may appropriate
money to the fund.
(f) Lapse of funds.--All unexpended and unencumbered funds
remaining in the fund as of July 1, 2024, shall lapse and be
transferred to the General Fund.
§ 5603. Administration.
(a) Applications.--An application for a grant under this
chapter shall be submitted by an eligible applicant in the form
and manner prescribed by the commission.
(b) Initial application period.--No later than March 1,
2020, the commission shall begin to accept applications from
eligible applicants for grant money available during the fiscal
year. The commission shall provide notice of the application
period on the commission's publicly accessible Internet website
(c) Additional application period.--If money is available in
the fund, no later than October 1, 2020, and each October 1
thereafter, the commission shall accept applications from
eligible applicants during the fiscal year. The commission shall
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provide notice of a new application period on the commission's
publicly accessible Internet website.
(d) Review process.--The commission shall review
applications and make awards subject to subsection (e) on a
rolling basis. No later than 90 days after a completed
application is received from an eligible applicant, the
commission, in consultation with the Governor's Office of
Homeland Security and the Pennsylvania State Police, shall
review and approve or deny the application. An eligible
applicant may revise and resubmit a denied application to the
commission.
(e) Allocation.--An eligible applicant may not receive more
than the following amounts in any fiscal year:
(1) Subject to paragraphs (2), (3) and (4):
(i) The minimum grant amount awarded shall be no
less than $5,000.
(ii) The maximum grant amount awarded may not be
more than $150,000.
(2) The commission may not require non-State financial
participation from an eligible applicant for a grant request
that is $25,000 or less.
(3) The commission may award a grant between $25,001 and
$75,000 if the eligible applicant provides non-State
financial participation equal to 33% of the requested grant
amount.
(4) The commission may award a grant between $75,001 and
$150,000 if the eligible applicant provides non-State
financial participation equal to 50% of the requested grant
amount.
(f) Limitations.--The following shall apply to grant
applications:
(1) The commission may not provide grants in excess of
the amount in the fund.
(2) The commission may prorate the grant amount to an
eligible applicant.
(g) Eligible projects.--The commission may only award grants
through the fund for eligible projects. Eligible applicants may
only expend grant money received through the fund on eligible
projects.
(h) Eligibility for redevelopment assistance capital
project.--An eligible project which receives a grant under this
chapter may be the subject of an award for a redevelopment
assistance capital project under Chapter 3 of the act of
February 9, 1999 (P.L.1, No.1), known as the Capital Facilities
Debt Enabling Act. Nothing in this subsection shall be construed
to modify the eligibility requirements for redevelopment
assistance capital projects under the Capital Facilities Debt
Enabling Act.
§ 5604. Expiration.
This chapter shall expire July 1, 2024.
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Amend Bill, page 8, line 5, by striking out "5" and inserting
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