THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, KOTIK, MANN, PYLE, READSHAW AND STURLA, AUGUST 24, 2010

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AUGUST 24, 2010  

AN ACT

Amending the act of July 31, 2003 (P.L.73, No.17), entitled "An

act establishing a grant program for volunteer fire companies

and volunteer ambulance services; and providing for grant

funding," providing for the definitions of "consumer

fireworks," "display fireworks" and "municipal fire

organization"; establishing a grant program for municipal

fire organizations; and imposing a tax.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of the act of July 31, 2003 (P.L.73,

No.17), known as the Volunteer Fire Company and Volunteer

Ambulance Service Grant Act, is amended by adding definitions to

read:

Section 102. 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:

* * *

"Consumer fireworks."

(1)  Any combustible or explosive composition or any

substance or combination of substances intended to produce

visible and audible effects by combustion and which is

suitable for use by the public that complies with the

construction, performance, composition and labeling

requirements promulgated by the Consumer Products Safety

Commission under 16 CFR (relating to commercial practices),

or any successor regulation, and which complies with the

provisions for "consumer fireworks" as defined in the

American Pyrotechnics Association (APA) Standard 87-1, or any

successor standard.

(2)  The term does not include devices as "ground and

handheld sparkling devices," "novelties" and "toy caps" in

APA Standard 87-1, the sale, possession and use of which

shall be permitted at all times throughout this Commonwealth.

"Display fireworks."  Large fireworks designed primarily to

produce visible or audible effects by combustion, deflagration

or detonation. The term includes, but is not limited to, salutes

containing more than two grains (130 mg) of explosive materials,

aerial shells containing more than 40 grams of pyrotechnic

compositions and other display pieces which exceed the limits of

explosive materials for classification as consumer fireworks.

Display fireworks are classified as fireworks UN0333, UN0334 or

UN0335 by the United States Department of Transportation at 49

CFR 172.101 (relating to purpose and use of hazardous materials

table).

* * *

"Municipal fire organization."  A fire department

established, operated and funded by a municipality within this

Commonwealth that provides fire protection.

* * *

Section 2.  The act is amended by adding a chapter to read:

CHAPTER 6

MUNICIPAL FIRE GRANT PROGRAM

Section 601.  Establishment of program.

The Municipal Fire Grant Program is established and shall be

administered by the commissioner. Grants provided under the

grant program shall be used to improve and enhance the

capabilities of municipal fire organizations to provide

firefighting services.

Section 602.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Revenue of the Commonwealth.

"Facility."  A structure or portion thereof intended for the

purpose of storage or protection of firefighting apparatus and

related equipment and gear. The term does not include meeting

halls, social halls, social rooms, lounges or any other facility

not directly related to firefighting services.

"Fund."  The Municipal Fire Grant Program Fund established in

this chapter.

"Grant program."  The Municipal Fire Grant Program

established in this chapter.

Section 603.  Establishment of fund.

There is hereby established in the State Treasury a

nonlapsing, restricted, interest-bearing account to be known as

the Municipal Fire Grant Program Fund. The fund shall consist of

the taxes remitted to the Commonwealth pursuant to section 606.

Section 604.  Allocation of appropriated funds.

The commissioner shall provide administrative services and

staff for the purpose of administering the grant program

established in this chapter. The cost of providing the

administrative services and staff shall be reimbursed to the

commissioner from the Municipal Fire Grant Program Fund

established in section 603.

Section 605.  Guidelines and procedures.

The commissioner shall develop guidelines, procedures and all

applications necessary to implement the grant program. The

commissioner shall submit the guidelines, procedures and

applications to the Legislative Reference Bureau for publication

in the Pennsylvania Bulletin within 30 days of the effective

date of this section.

Section 606.  Imposition of fireworks tax.

There is hereby imposed upon each separate sale at wholesale

or retail of consumer fireworks or display fireworks within this

Commonwealth a tax of 6%, which tax shall be collected by the

vendor from the purchaser, and shall be paid over to the

Commonwealth as provided in this chapter and as provided in the

act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code

of 1971, for deposit into the fund established in section 603.

Section 607.  Seasonal tax returns.

Notwithstanding any other provisions in this chapter, the

department may, by regulation, waive the requirement for the

filing of quarterly returns in the case of any vendor whose

business is operated only during certain seasons of the year,

and may provide for the filing of returns by such persons at

times other than those provided by the act of March 4, 1971

(P.L.6, No.2), known as the Tax Reform Code of 1971.

Section 608.  Allocation of tax.

The tax collected under this chapter shall be exclusively

allocated for expenditure in the grant program established in

this chapter.

Section 609.  Award of grants.

(a)  Authorization.--The commissioner is hereby authorized to

make a grant award to each eligible municipal fire organization

for the following:

(1)  Construction or renovation of the municipal fire

organization's facility and purchase or repair of fixtures

and furnishings necessary to maintain or improve the

capability of the municipal fire organization to provide fire

services.

(2)  Repair or purchase of firefighting equipment.

(3)  Retirement or reduction of debt associated with

paragraph (1) or (2).

(4)  Training and certification of members.

(b)  Limits.--

(1)  Grants shall be not less than $2,500 and not more

than $15,000 per municipal fire organization.

(2)  Grants may be awarded on a pro rata basis if the

total dollar amount of approved applications exceeds the

amount of funds appropriated by the General Assembly for this

purpose.

(c)  Time for filing application and department action.--

(1)  The commissioner shall provide written instructions

and guidelines for grants under this chapter to the fire

chief of each municipal fire organization in this

Commonwealth within 60 days of the effective date of this

section.

(2)  Municipal fire organizations seeking grants under

this chapter shall submit completed applications to the

commissioner on or before December 31, 2013. The commissioner

shall act to approve or disapprove the application by May 1,

2014. Applications that have not been approved or disapproved

by the commissioner by May 1, 2014, shall be deemed approved.

(d)  Eligibility.--To receive grant funds under this chapter,

a municipal fire organization shall have actively responded to

one or more fire emergencies since July 1, 2007, and must sign

an agreement to actively participate in the Pennsylvania Fire

Information Reporting System.

Section 610.  Applicability.

This chapter shall apply to tax years beginning after July 1,

2011.

Section 3.  This act shall take effect in 60 days.