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PRINTER'S NO. 1553
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1438
Session of
2021
INTRODUCED BY MERSKI, SANCHEZ, MARKOSEK, KULIK, FREEMAN,
HARKINS, LONGIETTI, SCHLOSSBERG, GALLOWAY, CIRESI, DRISCOLL,
ROWE AND O'MARA, MAY 17, 2021
REFERRED TO COMMITTEE ON COMMERCE, MAY 17, 2021
AN ACT
Establishing the COVID-19 Community Fitness-related Business
Grant Program and the COVID-19 Community Fitness-related
Business Grant Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the COVID-19
Community Fitness-related Business Grant Program Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The novel coronavirus 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 Department of Community and Economic
Development of the Commonwealth.
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"Fitness-related business." A non-franchise employer in this
Commonwealth that satisfies all of the following criteria:
(1) is a gym, fitness center, cheerleader gym, dance
studio, gymnastic center, sports-related facility, yoga
studio or other business where fitness activities are
performed; and
(2) the employer's gross annual receipts for the prior
fiscal year did not exceed $1,000,000.
"Fund." The COVID-19 Community Fitness-related Business
Grant Fund established under section 4.
"Program." The COVID-19 Community Fitness-related Business
Grant Program established under section 3.
Section 3. The COVID-19 Community Fitness-related Business
Grant Program.
(a) Establishment.--The COVID-19 Community Fitness-related
Business Grant Program is established within the department.
(b) Duties of department.--The department shall provide
grants under the program in accordance with this act to fitness-
related businesses that are adversely affected financially due
to COVID-19.
Section 4. The COVID-19 Community Fitness-related Business
Grant Fund.
The COVID-19 Community Fitness-related Business Grant Fund is
established as a special fund in the State Treasury. Money
transferred under section 11 shall be deposited into the fund to
be used exclusively by the department to award grants to
fitness-related businesses under the program.
Section 5. Grant application forms.
(a) Development.--The department shall develop a grant
application form for fitness-related businesses to apply for a
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grant under the program. At a minimum, the grant application
form shall contain the following information:
(1) The name, address and contact information of the
fitness-related business.
(2) The amount of grant money requested under the
program.
(3) The proposed use for the grant money requested under
the program.
(4) The financial impact on the fitness-related business
due to COVID-19.
(5) Any other information that the department deems
necessary and appropriate.
(b) Submission.--A fitness-related business must submit the
grant application form under subsection (a) to the department in
a manner prescribed by the department to be eligible for a grant
under the program.
Section 6. Award of grants.
(a) Review.--No later than 20 days after receipt of a grant
application form, the department shall:
(1) review the grant application form;
(2) determine whether to award a grant to the fitness-
related business under the program; and
(3) determine the amount of the grant money to be
awarded to the fitness-related business, if applicable.
(b) Considerations.--In determining the amount of the grant
to be awarded to a fitness-related business, the following shall
apply:
(1) The department shall consider all of the following:
(i) The geographic and demographic diversity of the
fitness-related business.
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(ii) How the fitness-related business and the
surrounding community of the fitness-related business
would be served through the award of the grant money to
the fitness-related business.
(2) The department may require documentation and
information regarding the gross annual receipts of the
fitness-related business.
(c) Notice.--After conducting a review and making a
determination on a grant application under subsection (a), the
department shall provide written notice to the fitness-related
business of the award or denial of a grant under the program.
The following shall apply:
(1) Notice of the award of a grant under the program
shall include the amount of the grant money awarded and any
conditions or restrictions on the use of the grant money.
(2) Notice of the denial of all or part of the grant
money requested under the program in the grant application
shall include the reasons for the full or partial denial.
Section 7. Public notice.
The department shall provide information regarding the
availability and award of grants under the program on the
department's publicly accessible Internet website.
Section 8. Limitation on award of grants.
Subject to the availability of funding, a grant to a fitness-
related business under the program shall not exceed $20,000.
Section 9. Reports.
(a) Preparation.--No later than 60 days after the authority
of the department to award grants under the program expires
under section 12, the department shall prepare a report that
lists each fitness-related business that received grant money
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under the program and a summary of the information specified in
each grant application under section 5(a).
(b) Publication.--The department shall post the report under
subsection (a) on the department's publicly accessible Internet
website.
Section 10. Guidelines.
The department may promulgate guidelines for the
implementation and administration of this act.
Section 11. Transfer of funds.
In addition to any other money made available to the
Commonwealth for COVID-19 relief, the sum of $25,000,000 is
transferred from the Budget Stabilization Reserve Fund under
section 1701-A of the act of April 9, 1929 (P.L.343, No.176),
known as The Fiscal Code, to the fund for the purpose of
awarding grants under the program.
Section 12. Expiration.
The authority of the department to award grants under the
program shall expire 30 days after the expiration or termination
of the proclamation of disaster emergency.
Section 13. Effective date.
This act shall take effect in 30 days.
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