Regular Session 2019-2020 House Bill 0859 P.N. 2766

SENATE AMENDED

PRIOR PRINTER'S NOS. 973, 2086

PRINTER'S NO. 2766

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

859

Session of

2019

INTRODUCED BY BARRAR, SAINATO, DeLUCA, FARRY, GILLEN, HILL-

EVANS, JAMES, MILLARD, NEILSON, PICKETT, QUINN, READSHAW,

RYAN, SAYLOR, WHEELAND, ZIMMERMAN, KORTZ AND DELLOSO,

MARCH 18, 2019

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 22, 2019

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in 911 emergency communication

services, further providing for counties DEFINITIONS, FOR

TELECOMMUNICATIONS MANAGEMENT, FOR COUNTIES, FOR FUND, FOR

TELEPHONE RECORDS, for inventory and for termination OF

CHAPTER.; AND PROVIDING FOR NONPROFIT SECURITY GRANT FUND.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 5304(c), 5314(a) and (c) and 5398 of

Title 35 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 5304. Counties.

* * *

SECTION 1. THE DEFINITIONS OF "911 SYSTEM" AND "PUBLIC

SAFETY ANSWERING POINT" OR "PSAP" IN SECTION 5302 OF TITLE 35 OF

THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

§ 5302. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"911 SYSTEM." A SYSTEM CAPABLE OF RECEIVING AND PROCESSING A

911 COMMUNICATION THROUGHOUT A DEFINED GEOGRAPHIC AREA. THE TERM

SHALL INCLUDE A [CITY,] COUNTY[,] OR COUNTY-BASED REGIONAL 911

SYSTEM OR A PSAP.

* * *

"PUBLIC SAFETY ANSWERING POINT" OR "PSAP." THE AGENCY-

APPROVED ENTITY THAT RECEIVES 911 COMMUNICATIONS FROM A DEFINED

GEOGRAPHIC AREA AND PROCESSES THOSE CALLS ACCORDING TO A

SPECIFIC OPERATIONAL POLICY. THE TERM SHALL REFER TO A COUNTY OR

COUNTY-BASED REGIONAL 911 SYSTEM.

* * *

SECTION 2. SECTION 5303(A)(15) AND (B)(1), (3) AND (4) OF

TITLE 35 ARE AMENDED TO READ:

§ 5303. TELECOMMUNICATIONS MANAGEMENT.

(A) POWERS AND DUTIES OF AGENCY.--THE AGENCY SHALL HAVE THE

FOLLOWING POWERS AND DUTIES:

* * *

(15) TO ADOPT, IN CONSULTATION WITH THE BOARD, MINIMUM

TRAINING [AND], CERTIFICATION AND QUALITY ASSURANCE STANDARDS

FOR EMERGENCY DISPATCHERS, CALL TAKERS AND SUPERVISORS.

* * *

(B) ESTABLISHMENT OF 911 BOARD.--THERE IS ESTABLISHED A

BOARD WITHIN THE AGENCY TO BE KNOWN AS THE 911 BOARD. THE BOARD

SHALL BE COMPRISED OF THE FOLLOWING:

(1) THE FOLLOWING STATE OFFICIALS, WHO SHALL SERVE AS

VOTING MEMBERS:

(I) THE DIRECTOR OF THE AGENCY, WHO SHALL ACT AS

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CHAIRPERSON.

(II) THE STATE 911 COORDINATOR.

(III) THE COMMISSIONER OF THE PENNSYLVANIA STATE

POLICE.

(IV) THE CHAIRMAN OF THE VETERANS AFFAIRS AND

EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.

(V) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS

AND EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.

(VI) THE CHAIRMAN OF THE VETERANS AFFAIRS AND

EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF

REPRESENTATIVES.

(VII) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS

AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF

REPRESENTATIVES.

(VIII) THE STATE FIRE COMMISSIONER.

(IX) THE CHAIRPERSON OF THE STATE GEOSPATIAL

COORDINATING BOARD.

* * *

(3) A REPRESENTATIVE FROM THE FOLLOWING STATE AGENCIES,

WHO SHALL SERVE AS NONVOTING MEMBERS, TO BE APPOINTED BY THE

CHIEF EXECUTIVE OR ADMINISTRATIVE OFFICER OF EACH AGENCY:

(I) THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.

[(II) THE OFFICE OF THE STATE FIRE COMMISSIONER.]

(III) THE GOVERNOR'S OFFICE OF ADMINISTRATION.

(4) A REPRESENTATIVE FROM THE FOLLOWING STATEWIDE

ASSOCIATIONS, WHO SHALL SERVE AS NONVOTING MEMBERS:

(I) THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION.

(II) THE FRATERNAL ORDER OF POLICE.

(III) THE PENNSYLVANIA EMERGENCY HEALTH SERVICES

COUNCIL.

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(IV) THE PENNSYLVANIA FIRE AND EMERGENCY SERVICES

INSTITUTE.

(V) THE ASSOCIATION OF PUBLIC-SAFETY COMMUNICATIONS

OFFICIALS.

(VI) THE PENNSYLVANIA CHAPTER OF THE NATIONAL

EMERGENCY NUMBER ASSOCIATION.

(VII) THE KEYSTONE EMERGENCY MANAGEMENT ASSOCIATION.

(VIII) THE PENNSYLVANIA PROFESSIONAL FIRE FIGHTERS

ASSOCIATION.

(IX) THE FIREMEN'S ASSOCIATION OF THE STATE OF

PENNSYLVANIA.

(X) THE PENNSYLVANIA WIRELESS ASSOCIATION.

(XI) THE PENNSYLVANIA TELEPHONE ASSOCIATION.

(XII) THE BROADBAND CABLE ASSOCIATION OF

PENNSYLVANIA.

(XIII) THE PENNSYLVANIA MUNICIPAL LEAGUE.

(XIV) THE PENNSYLVANIA STATE ASSOCIATION OF

BOROUGHS.

(XV) THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP

SUPERVISORS.

(XVI) THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP

COMMISSIONERS.

(XVII) THE AMBULANCE ASSOCIATION OF PENNSYLVANIA.

(XVIII) THE PENNSYLVANIA ASSOCIATION OF COUNCILS OF

GOVERNMENTS.

* * *

SECTION 3. SECTION 5304(C) OF TITLE 35 IS AMENDED AND

SUBSECTION (A) IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 5304. COUNTIES.

(A) POWERS AND DUTIES.--EACH COUNTY SHALL HAVE THE FOLLOWING

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POWERS AND DUTIES IN RELATION TO A 911 SYSTEM:

* * *

(10) TO MAKE REASONABLE EFFORTS TO ENSURE REQUIRED

GEOGRAPHIC INFORMATION SYSTEM (GIS) INFORMATION IS AVAILABLE

AND MAINTAINED TO SUPPORT NEXT GENERATION 911 CALL DELIVERY.

THE FOLLOWING APPLY:

(I) COUNTIES MUST COOPERATE WITH EACH OTHER TO

DEVELOP THE PSAP BOUNDARY, EMERGENCY SERVICE BOUNDARY,

PROVISIONING BOUNDARY AND ROAD CENTERLINE DATA SETS.

(II) COUNTIES SHALL SHARE GIS DATA NEEDED TO SUPPORT

GEOSPATIAL CALL ROUTING.

[(c) Cities of second class, second class A and third

class.--A city of the second class, second class A or third

class that has established a 911 system prior to September 4,

1990, may exercise the powers and duties of counties under this

chapter or may join a county or regional PSAP.]

SECTION 4. SECTIONS 5306.1(D)(2), 5309(A), 5314(A) AND (C)

AND 5398 OF TITLE 35 ARE AMENDED TO READ:

§ 5306.1. FUND.

* * *

(D) DISTRIBUTION.--WITHIN 30 DAYS AFTER THE END OF EACH

QUARTER, THE AGENCY SHALL DETERMINE THE AMOUNT AVAILABLE FROM

THE FUND FOR DISTRIBUTION AND MAKE DISBURSEMENTS IN ACCORDANCE

WITH THE STATEWIDE 911 PLAN AND THIS CHAPTER AND IN ACCORDANCE

WITH THE FOLLOWING:

* * *

(2) UP TO 15% OF THE AMOUNT IN THE FUND SHALL BE USED BY

THE AGENCY TO ESTABLISH, ENHANCE, OPERATE OR MAINTAIN

STATEWIDE INTERCONNECTIVITY OF 911 SYSTEMS, INCLUDING, BUT

NOT LIMITED TO, THE USE OR OBLIGATIONS OF MONEY FOR DEBT

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SERVICE RELATED TO REGIONAL OR STATEWIDE INTERCONNECTIVITY.

MONEY UNDER THIS PARAGRAPH MAY ALSO BE USED TO PURCHASE A

STATEWIDE SYSTEM DESIGNED TO ALLOW INDIVIDUALS TO IDENTIFY

THEIR PHONE NUMBERS AS ASSOCIATED WITH A PERSON WITH A

PHYSICAL DISABILITY, SO THAT WHEN AN INDIVIDUAL MAKES A 911

CALL, THE PSAP HAS THIS INFORMATION.

* * *

§ 5309. TELEPHONE RECORDS.

(A) ACCESS.--A TELEPHONE SERVICE SUPPLIER SHALL PROVIDE

CUSTOMER TELEPHONE NUMBERS, NAMES AND SERVICE ADDRESSES TO PSAPS

WHEN REQUESTED BY THEM FOR USE IN RESPONDING TO 911 CALLS AND

FOR THE SYNCHRONIZATION OF REQUIRED GEOGRAPHIC INFORMATION

SYSTEM (GIS) DATABASE LAYERS FOR GEOSPATIAL CALL ROUTING WITH

THE MASTER STREET ADDRESS GUIDE, THE ALI DATA AND SITE AND

STRUCTURE LOCATIONS AND, WHEN REQUIRED, TO PROVIDERS OF

EMERGENCY NOTIFICATION SERVICES AND EMERGENCY SUPPORT SERVICES,

SOLELY FOR THE PURPOSES OF DELIVERING OR ASSISTING IN THE

DELIVERY OF EMERGENCY NOTIFICATION SERVICES AND EMERGENCY

SUPPORT SERVICES. A WIRELESS PROVIDER SHALL PROVIDE THE

TELEPHONE NUMBER AND GEOGRAPHICAL LOCATION OF THE WIRELESS

DEVICE, AS REQUIRED UNDER THE FCC E-911 ORDER, TO PSAPS WHEN

REQUESTED BY THEM FOR USE IN RESPONDING TO 911 CALLS. CUSTOMER

TELEPHONE NUMBERS, NAMES AND SERVICE ADDRESSES, AND TELEPHONE

NUMBERS AND GEOGRAPHICAL LOCATIONS OF WIRELESS DEVICES, SHALL

REMAIN THE PROPERTY OF THE DISCLOSING SERVICE SUPPLIER. THE

TOTAL COST OF THE 911 SYSTEM SHALL INCLUDE EXPENSES TO REIMBURSE

TELEPHONE SERVICE SUPPLIERS FOR PROVIDING AND MAINTAINING 911

INFORMATION. A TELEPHONE SERVICE SUPPLIER SHALL NOT BE

REIMBURSED DIRECTLY FROM THE FUND FOR PROVIDING AND MAINTAINING

911 INFORMATION. THIS INFORMATION SHALL BE USED ONLY IN

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PROVIDING EMERGENCY RESPONSE SERVICES TO A 911 CALL,

SYNCHRONIZING MASTER STREET ADDRESS GUIDE, ALI AND GIS DATA SETS

OR FOR PURPOSES OF DELIVERING OR ASSISTING IN THE DELIVERY OF

EMERGENCY NOTIFICATION SERVICES OR EMERGENCY SUPPORT SERVICES. A

PERSON WHO USES OR DISCLOSES ANI/ALI DATABASE INFORMATION FOR

PURPOSES OTHER THAN PROVIDING EMERGENCY RESPONSE SERVICES TO A

911 CALL, DELIVERING OR ASSISTING IN THE DELIVERY OF EMERGENCY

NOTIFICATION SERVICES COMMITS A MISDEMEANOR OF THE THIRD DEGREE.

* * *

§ 5314. Inventory.

(a) Comprehensive inventory required.--The agency, in

consultation with the board, shall [conduct] maintain and update

on a biennial basis a comprehensive inventory of each county

PSAP's facilities, hardware, software, communications

infrastructure, network capabilities and related equipment and

services procured to determine the status of each PSAP's 911

system's stage of advancement to NG911.

* * *

the agency by providing the information identified in this

section and other information deemed necessary by the agency to

complete an inventory as required under subsection (a). Counties

that do not provide the information requested by the agency

within 45 days of the request shall be suspended from any grant

or funding program or be required to forfeit fund disbursements.

[The agency, in consultation with the board and the Governor's

Interoperability Council, shall complete the inventory and issue

a report detailing its findings and recommendations to the

General Assembly by March 31, 2016. The agency shall be

responsible for maintaining and updating the inventory on a

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biannual basis.]

§ 5398. Termination.

This chapter shall expire [June 30, [2019] 2023 JANUARY 31,

2024.

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.

(5) TO DESIGNATE A STATE 911 COORDINATOR WHO SHALL BE AN

EMPLOYEE OF THE AGENCY.

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(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.

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(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.

* * *

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

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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

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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.

(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.

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

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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

THE FUND, NO LATER THAN OCTOBER 1, 2020, AND EACH OCTOBER 1

THEREAFTER, THE COMMISSION SHALL ACCEPT APPLICATIONS FROM

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ELIGIBLE APPLICANTS DURING THE FISCAL YEAR. THE COMMISSION SHALL

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.

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(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.

Section 2 5 3. This act shall take effect immediately.

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