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                                                      PRINTER'S NO. 3436

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2420 Session of 2002


        INTRODUCED BY DeLUCA, SAYLOR, GEORGE, FEESE, BARRAR, BEBKO-
           JONES, BELARDI, BELFANTI, BOYES, BUXTON, CALTAGIRONE,
           CAPPELLI, M. COHEN, COLAFELLA, CORRIGAN, COSTA, COY,
           CREIGHTON, CURRY, DALEY, DALLY, DERMODY, DeWEESE, DIVEN,
           EACHUS, FRANKEL, FREEMAN, GORDNER, GRUCELA, HABAY, HALUSKA,
           HARHAI, HUTCHINSON, KAISER, LAUGHLIN, LAWLESS, LESCOVITZ,
           LEVDANSKY, LUCYK, MAHER, MARKOSEK, MAYERNIK, McCALL,
           McILHATTAN, MELIO, MICHLOVIC, MUNDY, OLIVER, PALLONE,
           PETRARCA, PETRONE, PIPPY, PISTELLA, PRESTON, READSHAW,
           ROBERTS, ROONEY, RUFFING, SAINATO, SCRIMENTI, SHANER,
           SOLOBAY, STEELMAN, STERN, STETLER, R. STEVENSON,
           T. STEVENSON, SURRA, TANGRETTI, THOMAS, TIGUE, TRAVAGLIO,
           TRELLO, TRICH, VEON, WALKO, WANSACZ, J. WILLIAMS, WOJNAROSKI,
           M. WRIGHT, YUDICHAK AND McGEEHAN, MARCH 14, 2002

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 14, 2002

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for surcharge; creating a
     3     Volunteer Fire Company Grant Fund; and providing for the
     4     Volunteer Fire Company Grant Program.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 6505(b) and (c) of Title 75 of the
     8  Pennsylvania Consolidated Statutes are amended and the section
     9  is amended by adding a subsection to read:
    10  § 6506.  Surcharge.
    11     * * *
    12     (b)  Disposition.--Notwithstanding the provisions of 42
    13  Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,

     1  etc.) and 3573 (relating to municipal corporation portion of
     2  fines, etc.), all surcharges levied and collected under
     3  subsection (a) by any division of the unified judicial system
     4  existing under section 1 of Article V of the Constitution of
     5  Pennsylvania and 42 Pa.C.S. § 301 (relating to unified judicial
     6  system) shall be remitted to the Commonwealth for deposit as
     7  follows:
     8         (1)  Beginning January 1, 2003, 50% of the surcharges
     9     levied and collected under subsection (a) shall be deposited
    10     in the Volunteer Fire Company Grant Fund, which is hereby
    11     created as a restricted receipt account in the State
    12     Treasury. All money so deposited shall be used solely for the
    13     purposes of providing grants to eligible volunteer fire
    14     companies in accordance with section 6507 (relating to
    15     volunteer fire company grant program).
    16         (2)  All other surcharges shall be deposited in the
    17     Catastrophic Loss Benefits Continuation Fund for the purpose
    18     of funding catastrophic loss benefits in accordance with
    19     section 1798.2 (relating to transition). If the surcharge is
    20     being paid in installments, the surcharge shall be remitted
    21     on each installment.
    22     (b.1)  Use of surcharges.--The surcharges levied and
    23  collected under subsection (a) shall not be deposited for the
    24  credit or use of, or otherwise allocated, directed or paid to,
    25  counties or municipalities under the provisions of 42 Pa.C.S.
    26  Ch. 35 Subch. E (relating to fines, etc.), or any other statute,
    27  the Crime Victim's Compensation Board under section 477.15(b) of
    28  the act of April 9, 1929 (P.L.177, No.175), known as The
    29  Administrative Code of 1929, the Commission on Crime and
    30  Delinquency for victim-witness services grants under section
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     1  477.15(c) of The Administrative Code of 1929, rape crisis
     2  centers, the Emergency Medical Services Operating Fund, domestic
     3  violence shelters, the Judicial Computer System Augmentation
     4  Account established under 42 Pa.C.S. Ch. 37 Subch. C (relating
     5  to judicial computer system) or under any other statute.
     6     [(c)  Expiration.--This section shall expire upon the
     7  publication in the Pennsylvania Bulletin of the Insurance
     8  Commissioner's certification that the Catastrophic Loss Benefits
     9  Continuation Fund has sufficient money in it to cover unfunded
    10  liability of the Catastrophic Loss Trust Fund existing on
    11  December 31, 1991.]
    12     (c.1)  Exception.--This section shall not authorize the
    13  deposit of any funds into the Volunteer Fire Company Grant Fund
    14  if the deposit of funds for the purpose contained in section
    15  6507 prevents timely processing and payment of catastrophic loss
    16  benefits under section 1798.2 or loan repayments previously
    17  authorized.
    18     Section 2.  Title 75 is amended by adding a section to read:
    19  § 6507.  Volunteer Fire Company Grant Program.
    20     (a)  Program established.--There is hereby established in the
    21  Pennsylvania Emergency Management Agency the Volunteer Fire
    22  Company Grant Program, which shall be administered by the
    23  agency. Grants provided under this program shall be used for the
    24  following purposes:
    25         (1)  Construction and/or renovation of the fire company's
    26     facility and purchase or repair of fixtures and furnishings
    27     necessary to maintain or improve the capability of the
    28     company to provide fire, ambulance and rescue services.
    29         (2)  Repair of firefighting, ambulance or rescue
    30     equipment or purchase thereof.
    20020H2420B3436                  - 3 -

     1         (3)  Debt reduction associated with paragraph (1) or (2).
     2     (b)  Guidelines and procedures.--The agency, in consultation
     3  with the Fire Safety Advisory Committee, as defined under the
     4  act of November 13, 1995 (P.L.604, No.61), known as the State
     5  Fire Commissioner Act, shall develop guidelines and procedures
     6  to implement the grant program.
     7     (c)  Authorization.--The agency is hereby authorized to make
     8  grants to eligible volunteer fire companies, based on
     9  preestablished eligibility criteria developed by the agency and
    10  the Fire Safety Advisory Committee.
    11     (d)  Limits.--Grants shall be limited to no more than $25,000
    12  per volunteer fire company in any one fiscal year.
    13     (e)  Restrictions.--Eligible fire companies shall only spend
    14  grant funds for the purposes requested in their grant
    15  application. Volunteer fire companies must provide proof of
    16  these bona fide expenditures to the agency within 180 days of
    17  receiving funds under this grant program and prior to any
    18  subsequent applications for future grants.
    19     (f)  Definitions.--As used in this section, the following
    20  words and phrases shall have the meanings given to them in this
    21  subsection:
    22     "Agency."  The Pennsylvania Emergency Management Agency.
    23     "Volunteer fire company."  A nonprofit chartered corporation,
    24  association or organization located in this Commonwealth which
    25  provides fire protection services and which may offer other
    26  voluntary emergency services within this Commonwealth. Voluntary
    27  emergency services provided by a volunteer fire company may
    28  include voluntary ambulance and voluntary rescue services.
    29     Section 3.  This act shall take effect in 60 days.

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