PRINTER'S NO. 4200
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2744
Session of
2020
INTRODUCED BY ORTITAY, KULIK, OWLETT, DONATUCCI, STEPHENS,
BOBACK, KAUFFMAN, HILL-EVANS, POLINCHOCK, McNEILL, DRISCOLL,
KORTZ, WARNER, CIRESI, SCHLEGEL CULVER AND MASSER,
AUGUST 6, 2020
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, AUGUST 6, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled
"An act relating to the finances of the State government;
providing for cancer control, prevention and research, for
ambulatory surgical center data collection, for the Joint
Underwriting Association, for entertainment business
financial management firms, for private dam financial
assurance and for reinstatement of item vetoes; providing for
the settlement, assessment, collection, and lien of taxes,
bonus, and all other accounts due the Commonwealth, the
collection and recovery of fees and other money or property
due or belonging to the Commonwealth, or any agency thereof,
including escheated property and the proceeds of its sale,
the custody and disbursement or other disposition of funds
and securities belonging to or in the possession of the
Commonwealth, and the settlement of claims against the
Commonwealth, the resettlement of accounts and appeals to the
courts, refunds of moneys erroneously paid to the
Commonwealth, auditing the accounts of the Commonwealth and
all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
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imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
Commonwealth," providing for coronavirus aid, relief and
emergency response.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, is amended to read:
ARTICLE I-D
CORONAVIRUS AID, RELIEF AND EMERGENCY RESPONSE
Section 101-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19 pandemic." The novel coronavirus as identified in
the proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency.
"Department." The Treasury Department of the Commonwealth.
"Eligible entity." A volunteer ambulance service, volunteer
fire company or volunteer rescue service.
"Eligible expense." A nonbudgeted cost incurred as a result
of the COVID-19 pandemic.
"Eligible period." The period beginning March 6, 2020, and
ending December 31, 2020.
"Fund." The COVID-19 Response Restricted Account established
under section 110-C.
"Volunteer ambulance service." A nonprofit chartered
corporation, association or organization that is located in this
Commonwealth and that is regularly engaged in the service of
providing emergency medical care and transportation of patients.
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"Volunteer fire company." A nonprofit chartered corporation,
association or organization that is located in this Commonwealth
and that provides fire protection services and other voluntary
emergency services in this Commonwealth. Voluntary emergency
services provided by a volunteer fire company may include
voluntary ambulance services and voluntary rescue services.
"Volunteer rescue service." A nonprofit chartered
corporation, association or organization that is located in this
Commonwealth and that provides rescues services in this
Commonwealth.
Section 102 -D . Appropriation.
(a) Allocation.--The following shall be appropriated from
the fund:
(1) An amount of $250,000,000 for the eligible expenses
for the following organizations:
(i) A volunteer ambulance service.
(ii) A volunteer rescue service.
(iii) A volunteer fire company serving a township,
borough or city for eligible expenses.
(2) An amount of $500,000 to the department for the
implementation and costs of this article.
(b) Documentation.--
(1) In order to receive a reimbursement from the fund
under subsection (a), an eligible entity shall submit all of
the following to the department:
(i) A list of the eligible expenses for the current
calendar year of the eligible entity. The following shall
apply:
(A) For the purposes of this article, eligible
expenses shall include any private event meant to
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raise money to cover the cost of operations as an
incurred expense.
(B) Each entity under subsection (a) shall
submit documentation showing the average amount
raised by an event over the last three which raises
money for the organization and was canceled due to
the COVID-19 pandemic over past three years.
(ii) The original projected budget for the current
calendar or fiscal year.
(iii) The eligible entity's eligible expenses
incurred during the preceding month.
(iv) Any other document required by the department
needed to ensure compliance with Federal law or guidance.
(2) Upon the review and approval of the documentation
submitted by an eligible entity under paragraph (1), the
State Treasurer shall allocate money from the fund in
accordance with subsection (a) to the eligible entity for
eligible expenses incurred during the preceding month.
(c) Remaining money.--Any money not allocated under
subsection (a) shall remain in the fund for the contingency
costs of eligible entities until the eligible period has
expired.
Section 103 -D . Transparency.
(a) Transparency portal.--The department shall create a
portal on its publicly accessible Internet website which shall
provide information from the close of the prior business day
pertaining to the fund.
(b) Contents.--The portal under subsection (a) shall include
all of the following information:
(1) Each entity that received money from the fund or
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received a portion of the appropriation received by the
Commonwealth from the Federal Government for addressing the
COVID-19 pandemic .
(2) The amount of money each entity received from the
fund.
(3) The total amount of money disbursed from the fund.
(4) The available remaining balance in the fund.
(c) Contracts.--All paperwork submitted by eligible entities
shall be placed on the department's website established under
section 1702 of the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
(d) Report.--The department shall submit a report to the
General Assembly and the Inspector General on the following:
(1) The final disposition of money.
(2) Any use of the Do Not Pay Pilot Program under
section 104-D, including:
(i) The number of entities that were ineligible to
receive Federal money.
(ii) Savings to the fund as a result of identifying
entities ineligible for payment.
(3) Results of any Federal or State audit of money
received by the Commonwealth from the Federal Government to
address the COVID-19 pandemic.
Section 104 -D . Do Not Pay Pilot Program.
(a) Establishment.--The department shall enter into a
memorandum of understanding with the United States Treasury to
establish the Do Not Pay Pilot Program.
(b) Use.--Prior to issuing a reimbursement to an eligible
entity for eligible expenses incurred, the department shall
utilize the pilot program prior established under subsection (a)
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to ensure the entity is eligible to receive payment from the
fund.
Section 105-D. Improper payments and misuse of money.
(a) Improper payments.--An eligible entity that receives
money from the fund and makes an improper payment shall be held
liable by the Commonwealth under the Improper Payments
Elimination and Recovery Act of 2010 (Public Law 111-204, 124
Stat. 2224) for the total amount of any disallowance of Federal
money as result of the improper payment.
(b) Misuse of money.--An eligible entity that misuses
Federal money shall be subject to civil action under the False
Claims Act (Public Law 97-258, 31 U.S.C. ยง 3729-3733).
(c) Notice.--The department shall provide notice of the
penalties specified under subsections (a) and (b) to each
eligible entity that receives money from the fund.
Section 2. This act shall take effect immediately.
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