PRINTER'S NO. 1710
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1163
Session of
2020
INTRODUCED BY BROOKS, MENSCH, ARGALL, ARNOLD, BAKER, HUTCHINSON,
PHILLIPS-HILL, REGAN, STEFANO AND YAW, MAY 25, 2020
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MAY 25, 2020
AN ACT
Authorizing counties and municipalities to distribute emergency
funds to fire companies during the COVID-19 pandemic; and
providing for distribution and receipt of funds.
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
Emergency Relief for Fire Companies Act.
Section 2. Legislative findings.
The General Assembly finds and declares as follows:
(1) A novel coronavirus, known as COVID-19, entered the
United States in late January 2020 and has spread throughout
the states, including this Commonwealth.
(2) On March 6, 2020, the Governor declared a disaster
emergency, citing a threat of imminent disaster that is of
such a magnitude and severity as to necessitate extraordinary
measures to protect the health, safety and life of this
Commonwealth's citizens.
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(3) On March 11, 2020, the World Health Organization
(WHO) declared COVID-19 a pandemic.
(4) In order to mitigate the spread of COVID-19, the
Governor and the Secretary of Health urged the residents of
this Commonwealth to adhere to the practice of "social
distancing" and to self-quarantine if feeling ill or
exhibiting symptoms of COVID-19.
(5) Consequently, fire companies in this Commonwealth
have been unable to conduct fundraising activities as a
result of the COVID-19 pandemic.
(6) The impact of the COVID-19 pandemic, including all
the necessary measures taken to mitigate the spread of the
disease, has severely disrupted the financial standing for
fire companies in this Commonwealth.
(7) Due to the unprecedented economic hardships faced by
fire companies in this Commonwealth during the COVID-19
pandemic, it is imperative that counties are allowed to
utilize different fund mechanisms to maintain the operations
of fire companies and preserve the health and safety of
residents of this Commonwealth.
Section 3. 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:
"County." A county or home rule charter county of any
classification.
"COVID-19 pandemic." The disease that is causing the 2019
novel coronavirus outbreak and global pandemic. The term
includes the novel coronavirus, coronavirus disease 2019 or
2019-nCoV.
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"Declared disaster emergency." 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.
"Fire company." A volunteer fire company or municipal fire
company in this Commonwealth.
"Municipality." Any of the following:
(1) As defined in any of the following:
(i) Section 702 of the act of December 18, 1984
(P.L.1005, No.205), known as the Municipal Pension Plan
Funding Standard and Recovery Act.
(ii) Section 1(1) of the act of May 12, 1943
(P.L.259, No.120), entitled "An act providing for the
payment by the State Treasurer, of the amount of the tax
on premiums paid by foreign casualty insurance companies,
to the treasurers of the several cities, boroughs, towns,
townships, and certain counties, and for the payment
thereof into police pension funds, and in certain cases
into the Municipal Employes' Retirement System, and for
Pension Annuity Contracts, and in certain other cases
into the State Employes' Retirement Fund, for certain
purposes."
(2) A borough, city, town or township.
"Volunteer fire company." A nonprofit chartered corporation,
association or organization located in this Commonwealth which
provides fire protection services and other voluntary emergency
services within this Commonwealth, including voluntary ambulance
and voluntary rescue services.
Section 4. Emergency distribution of funds to fire companies.
(a) Authorization.--Notwithstanding any other provision of
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law, in order to mitigate the negative economic consequences of
the COVID-19 pandemic on fire companies, all of the following
may be distributed by a county or municipality to fire companies
within their respective jurisdiction:
(1) Grants distributed by the Office of the State Fire
Commissioner for emergency medical services and fire
services.
(2) Grants distributed by the Office of the State Fire
Commissioner for fire relief associations.
(3) Notwithstanding Article IX of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of 1971,
Chapter 7 of the act of December 18, 1984 (P.L.1005, No.205),
known as the Municipal Pension Plan Funding Standard and
Recovery Act, and the act of May 12, 1943 (P.L.259, No.120),
entitled "An act providing for the payment by the State
Treasurer, of the amount of the tax on premiums paid by
foreign casualty insurance companies, to the treasurers of
the several cities, boroughs, towns, townships, and certain
counties, and for the payment thereof into police pension
funds, and in certain cases into the Municipal Employes'
Retirement System, and for Pension Annuity Contracts, and in
certain other cases into the State Employes' Retirement Fund,
for certain purposes," revenue generated from the tax imposed
on foreign fire insurance companies and foreign casualty
insurance companies under Article IX of the Tax Reform Code
of 1971.
(4) Notwithstanding 4 Pa.C.S. Ch. 14 (relating to
revenues), revenue distributed to the county or municipality
from the State Gaming Fund.
(5) Notwithstanding 58 Pa.C.S. Ch. 23 (relating to
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unconventional gas well fee), revenue distributed to the
county or municipality from the unconventional gas well fee.
(6) Any other funding sources to fire companies within
the county or municipality.
(b) Prohibition.--A county may not utilize any of the
following under subsection (a):
(1) Federal funds appropriated to the Commonwealth for a
specific purpose.
(2) Funds designated for a specific purpose in a
contract or agreement executed by the county before the
effective date of this act.
(3) Funds designated for a specific purpose in a
contract or agreement between a Commonwealth entity and a
fire company.
Section 5. Distribution and receipt of funds.
(a) Authorization.--A county or municipality may distribute
the funds under section 4(a) to fire companies within the county
or municipality for any of the following:
(1) The payment of utility bills.
(2) The payment of mortgage or rent expenses.
(3) Any other bill or expenses necessary to maintain the
fire service of fire companies.
(b) Receipt.--A county or municipality that utilizes the
funds under section 4(a) shall distribute the funds to fire
companies within the county or municipality on a first-come,
first-served basis.
Section 6. Expiration.
This act shall expire on the same date as the termination or
expiration of the declared disaster emergency.
Section 7. Effective date.
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This act shall take effect immediately.
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