Amendment 6268 to House Bill 176 P.N. 170, Regular Session 2015-2016

H0176B0170A06268 BIL:EJH 04/05/16 #90 A06268

AMENDMENTS TO HOUSE BILL NO. 176 (As amended by A06317)

Sponsor: REPRESENTATIVE FRANKEL

Printer's No. 170

Amend Bill, page 1, line 2 (A06317), by inserting after

"Enforcement"

Grant

Amend Bill, page 1, lines 3 and 4 (A06317), by striking out

all of said lines and inserting

Amend Bill, page 1, line 3, by striking out "and" where it

occurs the first time and inserting a comma

Amend Bill, page 1, line 3, by inserting after "Development"

and the Pennsylvania Commission on Crime and Delinquency

Amend Bill, page 1, line 6 (A06317), by inserting after "6"

; and establishing the Law Enforcement and Treatment Grant

Program

Amend Bill, page 1, line 11, by striking out "Program" and

inserting

Programs

Amend Bill, page 2, by inserting between lines 13 and 14

(7) Overdose deaths and widespread addiction to opioids,

legal or illegal, has become one of the most serious threats

to public health and safety in this Commonwealth.

(8) Law enforcement agencies need additional tools and

resources to stop overdose deaths and more effective

mechanisms to help guide people into drug treatment programs.

Amend Bill, page 2, by inserting between lines 20 and 21

"Commission." The Pennsylvania Commission on Crime and

Delinquency.

Amend Bill, page 1, by inserting between lines 9 and 10

(A06317)

Amend Bill, page 2, by inserting between lines 27 and 28

"Law enforcement organizations." The police department of

each municipal corporation, a regional police department, the

Pennsylvania State Police and police departments as defined by

53 Pa.C.S. § 2162 (relating to definitions).

2016/90BIL/HB0176A06268 - 1 -

Amend Bill, page 1, by inserting after line 26 (A06317)

Amend Bill, page 4, by inserting between lines 23 and 24

Section 8. Law Enforcement and Treatment Grant Program.

(a) Establishment.--The Law Enforcement and Treatment Grant

Program shall be administered by the commission in cooperation

with the Department of Drug and Alcohol Programs.

(b) Purpose of grants.--The commission, in cooperation with

the Department of Drug and Alcohol Programs, shall award grants

under this section to eligible law enforcement organizations.

Grant funds may be used for the following:

(1) To provide personnel, training and equipment to

coordinate law enforcement with treatment to enable law

enforcement organizations and officers to provide more

effective mechanisms to refer and assist overdose victims and

families, along with any other individuals interacting with

them, to obtain the appropriate treatment.

(2) For training and equipment authorized under sections

13.7 and 13.8 of the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and Cosmetic

Act, for law enforcement organizations.

organizations of the availability of grants under this section

by July 1 for fiscal years beginning after June 30, 2015.

(d) Application form.--The commission, in cooperation with

the Department of Drug and Alcohol Programs, shall develop and

distribute a uniform application for applicants to submit for

grants under this section. The commission shall provide the

application form and accompanying instructions to law

enforcement organizations annually by September 1.

(e) Submission of application.--To be considered, an

application must be submitted to the commission no later than

November 30 of each fiscal year. The commission shall approve or

disapprove an application within 60 days of the application

being filed.

(f) Review.--The commission, in cooperation with the

Department of Drug and Alcohol Programs, shall review

applications submitted for grants under this section. The

applicant must agree to the terms and conditions for the grant

as determined by the commission. A law enforcement organization

must submit a signed agreement to the commission prior to the

release of grant funds to the law enforcement organization.

(g) Basis of award.--The following apply to grants under

this section:

(1) Grants for coordination shall be awarded to law

enforcement organizations who demonstrate by their

application and by their existing efforts more effective

mechanisms to coordinate with their respective single county

authorities under the act of April 14, 1972 (P.L.221, No.63),

known as the Pennsylvania Drug and Alcohol Abuse Control Act,

2016/90BIL/HB0176A06268 - 2 -

the Department of Drug and Alcohol Programs and other

appropriate Federal, State and local programs that pay for or

provide drug treatment.

(2) Grants for training or equipment pursuant to

sections 13.7 and 13.8 of The Controlled Substance, Drug,

Device and Cosmetic Act shall be awarded to law enforcement

organizations using criteria that include the following:

(i) overdose rates;

(ii) how law enforcement organizations will provide

overdose victims and families with information about

treatment services; and

(iii) the training and utilization proposed by the

law enforcement organization.

(3) The commission shall give priority for coordinating

grants under this subsection to law enforcement organizations

that have already trained, equipped and authorized their

officers pursuant to sections 13.7 and 13.8 of The Controlled

Substance, Drug, Device and Cosmetic Act or are seeking grant

funding under this section to train, equip and authorize

their officers pursuant to sections 13.7 and 13.8 of The

Controlled Substance, Drug, Device and Cosmetic Act.

(4) Nothing in this section shall prevent a law

enforcement organization who has already trained, equipped

and authorized their officers pursuant to sections 13.7 and

13.8 of The Controlled Substance, Drug, Device and Cosmetic

Act to file a grant application to pay for future training

and authorized equipment necessary under sections 13.7 and

13.8 of The Controlled Substance, Drug, Device and Cosmetic

Act that would occur during the fiscal year of the grant.

(5) No law enforcement organization may receive more

than 5% of the total grants authorized on an annual basis by

this subsection.

Section 9. Conditions.

(a) Claim.--An applicant for a grant under section 8 that

fails to return a signed agreement for the preceding fiscal year

is ineligible for grant funding in the current fiscal year

unless the applicant provides to the commission a reasonable

written explanation as to why the applicant failed to claim its

grant.

(b) Compliance.--An applicant for a grant under section 8

that fails to demonstrate that it complied with all the terms of

its agreement for the preceding fiscal year is ineligible for

grant funding in the current fiscal year.

Amend Bill, page 2, line 3 (A06317), by striking out "8" and

inserting

Amend Bill, page 2, line 11 (A06317), by striking out the

2016/90BIL/HB0176A06268 - 3 -

period after "Fund" and inserting

and equally divided between the Law Enforcement Grant Program

under section 4 and the Law Enforcement and Treatment Grant

Program under section 8.

Amend Bill, page 2, by inserting between lines 11 and 12

(A06317)

Amend Bill, page 4, line 30, by striking out "program." and

inserting

Law Enforcement Grant Program and the Law Enforcement and

Treatment Grant Program.

Amend Bill, page 2, line 13 (A06317), by striking out "9" and

inserting

Amend Bill, page 2, line 15 (A06317), by striking out "10"

and inserting

Amend Bill, page 2, line 20 (A06317), by striking out "11"

and inserting

2016/90BIL/HB0176A06268 - 4 -