PRIOR PRINTER'S NO. 131 PRINTER'S NO. 1412
No. 96 Session of 2007
INTRODUCED BY D. WHITE, WAUGH, KITCHEN, CORMAN, BOSCOLA, KASUNIC, FONTANA, EARLL, VANCE, RHOADES, MADIGAN, COSTA, PUNT, WONDERLING, MUSTO, ERICKSON, BRUBAKER, C. WILLIAMS, WOZNIAK, TOMLINSON, ORIE, LOGAN, GORDNER, FERLO, PIPPY, BROWNE AND WASHINGTON, FEBRUARY 15, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 24, 2007
AN ACT 1 Establishing a grant program for volunteer emergency service 2 organizations to provide incentives for establishing 3 partnerships; conferring powers and duties on the Governor's 4 Center for Local Government Services within the Department of 5 Community and Economic Development; and providing for 6 funding. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short title. 10 This act shall be known and may be cited as the Volunteer 11 Emergency Service Partnership Grant Program Act. 12 Section 2. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Applicant." A volunteer emergency service organization. 17 "Application." A Single Application for Assistance provided 18 by the Department of Community and Economic Development.
1 "Assets." Anything owned that has exchange value, including, 2 but not limited to, cash, investments, vehicles, equipment, real 3 property and manpower. 4 "Association." An agreement of two or more companies to 5 combine and administer similar activities through an umbrella 6 organization. The term does not normally involve transfers or 7 combination of assets, as most costs of operations or programs 8 are shared. 9 "Center." The Governor's Center for Local Government 10 Services. 11 "Combination department." Any volunteer emergency service <-- 12 organization with a paid staff complement comprising less than 13 20% of total active manpower complement. 14 "Company." Any volunteer emergency service organization. 15 "Consolidation." The combination of two or more companies 16 which results in the termination of all companies and the 17 creation of a new company with a new name. All assets and 18 liabilities of the former companies are transferred to the new 19 company. 20 "Department." The Department of Community and Economic 21 Development of the Commonwealth. 22 "Eligible activities." A formally executed association, 23 merger, consolidation, regional entity or other partnership not 24 defined by this act but approved by the Governor's Center for 25 Local Government Services and the Department of Community and 26 Economic Development. 27 "Eligible expenses." The legal expense of grant funds for 28 activities, products or services enumerated by this act or by 29 guidelines. 30 "Formal agreement." An agreement in writing between two or 20070S0096B1412 - 2 -
1 more volunteer emergency service organizations. This term does 2 not include mutual aid agreements. 3 "Ineligible applicants or programs." Relief associations, <-- 4 social clubs, retirement programs or Length of Service Award 5 Programs (LOSAP). 6 "Merger." The combination of two or more companies which 7 results in all but one of the companies relinquishing its name. 8 All assets and liabilities of joining companies are transferred 9 to the surviving company. 10 "Partnership." "PARTNERSHIP" OR "FORMAL PARTNERSHIP." Two or <-- 11 more volunteer emergency service organizations entering into a 12 formal agreement to share or combine assets, and possibly 13 liabilities, to achieve a common goal. 14 "Program." The Volunteer Emergency Services Partnership 15 Grant Program established in section 3. 16 "Regionalization." The combination of some assets of two or <-- 17 more companies in order to accomplish specific objectives and 18 tasks. Each participating company may retain its identity. 19 "Volunteer emergency service organization." Any nonprofit 20 chartered corporation, association or organization located in 21 this Commonwealth which provides fire protection services, 22 emergency medical services or rescue services and other 23 voluntary emergency services within this Commonwealth. 24 Section 3. Volunteer Emergency Services Partnership Grant 25 Program. 26 (a) Authorization.--The Volunteer Emergency Services 27 Partnership Grant Program is established and shall be authorized 28 for a period of five years. The program shall be funded by <-- 29 proceeds from the sale of bonds approved by Commonwealth voters 30 in the November 2002 general election. Total sale of bonds shall 20070S0096B1412 - 3 -
1 initially be $25,000,000 for the five-year period. FOR THE <--
2 PURPOSE OF PROVIDING INCENTIVES TO ENCOURAGE VOLUNTEER EMERGENCY
3 SERVICE ORGANIZATIONS TO CONSOLIDATE, MERGE OR FORM
4 PARTNERSHIPS, WHERE APPROPRIATE, FOR THE PURPOSE OF PROVIDING
5 EMERGENCY SERVICES IN A MORE EFFECTIVE AND EFFICIENT MANNER.
6 This program may be reauthorized and funded by vote of the
7 General Assembly at any time during or after the initial five-
8 year period.
9 (b) Eligibility.--All volunteer emergency service
10 organizations located within this Commonwealth are eligible
11 applicants. Local governments may apply on behalf of volunteer
12 emergency service organizations, but grant funds shall not be
13 paid to local governments. RELIEF ASSOCIATIONS, SOCIAL CLUBS, <--
14 RETIREMENT PROGRAMS OR LENGTH OF SERVICE AWARD PROGRAMS (LOSAP)
15 SHALL NOT BE ELIGIBLE TO RECEIVE GRANTS UNDER THIS ACT.
16 (c) Use of grant funds.--
17 (1) Grant funds may be used for:
18 (i) Emergency response vehicles, excluding command,
19 officer or chief vehicles.
20 (ii) Building expansion, renovation or new buildings
21 but shall not be used for social hall renovations,
22 expansions or additions.
23 (iii) Reduction or elimination of debt.
24 (iv) Legal and administrative costs associated with
25 creating a formal partnership.
26 (v) Costs associated with development of a long-
27 range, ten years or more, capital budget or capital
28 expenditure plan.
29 (vi) Costs associated with and costs to maintain a
30 recruitment and/or retention plan.
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1 (vii) Costs associated with the establishment of 2 live-in quarters. 3 Funds for eligible expenses may be used in more than one 4 location. Any use of funds not listed must be approved in 5 writing from the department prior to any of those funds being 6 expended. 7 (2) Grant funds shall not be used for: 8 (i) Salaries. 9 (ii) Fundraising supplies or equipment. 10 (iii) Personal benefit programs for members. 11 Section 4. Limitation on grants. 12 (a) Limits.-- 13 (1) $100,000 for the creation of a formal partnership as 14 defined by this act. 15 (2) $50,000 for each company involved in a formal 16 partnership. 17 (3) $50,000 for each new company absorbed into or added 18 to an existing formal partnership. 19 (4) $20,000 for creation of each new association of 20 volunteer emergency service organizations. 21 (5) $20,000 maximum for design, creation and delivery of 22 education or communication programs designed to recruit and 23 retain members. Funds awarded under this activity are 24 restricted to partnerships as defined by this act and this 25 activity and may not be used for other purposes. 26 (b) Conditions.-- 27 (1) Applicants shall provide proof of formal 28 partnerships by presenting verification of majority vote by 29 the membership of a company or companies to enter into a 30 formal partnership. Official meeting minutes shall qualify as 20070S0096B1412 - 5 -
1 proof of a majority vote. Additionally, proof of creation of 2 a consolidated or merged company shall be supported by 3 Department of State registration. Any other form of 4 partnership not defined by this act shall be evaluated on an 5 individual basis by the board of review. 6 (2) All grant funds received by an entity eligible under 7 this act shall be placed in a separate fund of the 8 organization and shall not be commingled with any other 9 funds. All vouchers for payments from the fund shall be 10 presented to the department staff upon demand for purposes of 11 monitoring compliance with this act. 12 (c) Retroactivity.--Any volunteer emergency service 13 organization that entered into and executed a formal partnership 14 on or after January 1, 1995, shall be eligible for funding under 15 conditions of this act. 16 Section 5. Applications and review of applications. 17 (a) Submittal.--Grant applications shall be submitted on the 18 department's Single Application for Assistance form. This form 19 is available electronically or by hard copy and may be acquired 20 by contacting the department. An application may be submitted 21 electronically or in hard copy form and shall be directed to the 22 center following submission. 23 (b) Factors.--In determining whether or not an applicant is 24 eligible for a grant, the center shall evaluate the application 25 on the basis of all of the following factors: 26 (1) Eligibility of the organization or organizations. 27 (2) Completeness of application. 28 (3) Submission of proper documentation as required by 29 this act. 30 (4) In the instance of an application for formal 20070S0096B1412 - 6 -
1 recruitment or retention programs, a plan shall be submitted 2 with the application indicating how funds will be spent and a 3 schedule for the expense of those funds shall be provided. 4 (5) An applicant shall state that grant funds will be 5 maintained in a separate fund of the organization and shall 6 not be commingled with other funds. 7 (6) The overall benefit to the region. 8 Section 6. Verification of use of grant funds. 9 (1) Volunteer emergency service organizations receiving 10 funding under this act shall establish and maintain a 11 separate fund for any grant. 12 (2) Department staff shall be responsible for ensuring 13 that all funds are spent in accordance with this act and any 14 ensuing guidelines. 15 (3) Volunteer emergency service organizations shall, on 16 demand, provide the department with any requested information 17 regarding the placement, accounting and disbursement of any 18 grant funds awarded under this act. 19 Section 7. Funding. 20 (a) Sale of bonds.--Funding for this act shall be provided 21 by the sale of bonds approved and authorized by the voters of 22 this Commonwealth in the November 2002 general election. 23 (b) Time period.--The program shall be authorized for a 24 period of five years AND SHALL BE financed by an initial <-- 25 $25,000,000 from the sale of bonds approved by the voters of 26 this Commonwealth in the November 2002 election. 27 (c) Amount authorized.--This act authorizes $5,000,000 per 28 fiscal year for each of the five years provided for by this act. 29 (d) Rollover.--Any funds not used during a fiscal year shall 30 roll over to the successive fiscal year for purposes enumerated 20070S0096B1412 - 7 -
1 under this act. 2 (e) Additional funds.--If additional funds are necessary 3 after five years, this act may be reauthorized and additional 4 bonds may be sold to finance the program. 5 Section 8. Administration. 6 (a) Administration.--Provisions of this act shall be 7 administered by the center. 8 (b) Guidelines.--The center, through the department, shall 9 promulgate guidelines in order to carry out the provisions of 10 this act. 11 (c) Board of review.--In the event that an undefined A <-- 12 COMPANY PROPOSES A partnership is proposed by a company that is <-- 13 not clearly THAT IS NOT SPECIFICALLY defined by this act, the <-- 14 center shall create and appoint a board of review comprised of 15 the center policy manager in charge of the program, the State 16 Fire Commissioner, a representative from the Department of 17 Health and the deputy secretary for programs of the department. 18 Any decision of the board of review with regard to any 19 application for funding is final. 20 (d) Information.--The center shall provide, as necessary, 21 any information to applicants regarding eligibility, 22 applications and enforcement of grant provisions in the form of 23 informational and/or training sessions in no less than ten 24 locations throughout this Commonwealth in each of the five years 25 or each of the ensuing years of the program. 26 (e) Guidelines shall provide, at a minimum, the following 27 elements: 28 (1) An explanation of purpose. 29 (2) Applicant eligibility. 30 (3) Program objectives. 20070S0096B1412 - 8 -
1 (4) Program requirements. 2 (5) Eligible activities. 3 (6) Grant allocation and limitations. 4 (7) The application process. 5 (8) Evaluation criteria. 6 (9) Application review procedure. 7 (10) Award selection. 8 (11) Program administration. 9 (12) Any other requirement deemed necessary to enforce 10 the provisions of this act. 11 Section 9. Effective date. 12 This act shall take effect in 60 days. L19L35JLW/20070S0096B1412 - 9 -