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PRINTER'S NO. 895
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
676
Session of
2019
INTRODUCED BY DINNIMAN, SCHWANK, COSTA, FONTANA, LEACH,
A. WILLIAMS, MUTH, BLAKE, HUGHES, SANTARSIERO, BREWSTER,
HAYWOOD, STREET, KILLION, BOSCOLA, FARNESE, TARTAGLIONE,
IOVINO, KEARNEY, SABATINA AND COLLETT, JUNE 6, 2019
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
JUNE 6, 2019
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for Pennsylvania Nonprofit
Security Grant Program; and establishing the Pennsylvania
Nonprofit Security Grant Committee within the Pennsylvania
Commission on Crime and Delinquency and the Pennsylvania
Nonprofit Security Grant Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 78A
PENNSYLVANIA NONPROFIT SECURITY GRANT PROGRAM
Sec.
78A01. Scope of chapter.
78A02. Definitions.
78A03. Pennsylvania Nonprofit Security Grant Committee.
78A04. Criteria.
78A05. Assessment providers.
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78A06. Safety and security assessments.
78A07. Pennsylvania Nonprofit Security Grant Program.
78A08. Pennsylvania Nonprofit Security Grant Fund.
§ 78A01. Scope of chapter.
This chapter relates to the Pennsylvania Nonprofit Security
Grant Program.
§ 78A02. 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:
"Agency." The Pennsylvania Emergency Management Agency.
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Committee." The Pennsylvania Nonprofit Security Grant
Committee established under section 78A03 (relating to
Pennsylvania Nonprofit Security Grant Committee).
"Eligible uses." Any of the following:
(1) Security enhancements that may include, but are not
limited to:
(i) Safety and security planning.
(ii) Safety and security equipment and purchase of
security-related technology, which may include, but is
not limited to:
(A) Metal detectors.
(B) Protective lighting.
(C) Specialty-trained canines.
(D) Surveillance equipment.
(E) Special emergency communications equipment.
(F) Electronic locksets.
(G) Deadbolts.
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(H) Trauma kits.
(I) Theft control devices.
(iii) Safety and security training.
(iv) Threat awareness and response training.
(v) Upgrades to existing structures that enhance
safety and security.
(vi) Vulnerability and threat assessments.
(vii) Any other safety or security-related use that
enhances safety or security of a nonprofit organization.
(2) Public outreach programs designed to reduce violence
in the community by encouraging increased communication,
tolerance, respect and understanding that are approved by the
committee.
"Fund." The Pennsylvania Nonprofit Security Grant Fund
established under section 78A08(a) (relating to Pennsylvania
Nonprofit Security Grant Fund).
"Grant program." The Pennsylvania Nonprofit Security Grant
Program established under section 78A07(a) (relating to
Pennsylvania Nonprofit Security Grant Program).
"Nonprofit organization." A corporation or other entity that
is an exempt organization as provided for under section 501(c)
(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 501(c)(3)).
"Safety and security assessment" or "assessment." A
strategic evaluation of the facilities of a nonprofit
organization that is used to identify potential safety and
security threats.
§ 78A03. Pennsylvania Nonprofit Security Grant Committee.
(a) Establishment.--The Pennsylvania Nonprofit Security
Grant Committee is established within the commission.
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(b) Composition.--The committee shall consist of a
chairperson and the following members:
(1) The Attorney General or a designee.
(2) The Commissioner of Pennsylvania State Police or a
designee.
(3) The director of the agency or a designee.
(4) The chairperson of the commission or a designee.
(5) The chairperson of the Pennsylvania Human Relations
Commission or a designee.
(6) An individual with experience in the subject matter
appointed by the President pro tempore of the Senate.
(7) An individual with experience in the subject matter
appointed by the Minority Leader of the Senate.
(8) An individual with experience in the subject matter
appointed by the Speaker of the House of Representatives.
(9) An individual with experience in the subject matter
appointed by the Minority Leader of the House of
Representatives.
(10) A recognized subject matter expert appointed by the
Governor.
(c) Chairperson.--The chairperson of the committee shall be
selected by the Governor from among the members of the
committee.
(d) Vice chairperson.--A vice chairperson shall be
designated by the chairperson of the committee from among the
members of the committee to preside at meetings in the absence
of the chairperson.
(e) Term.--Members of the committee shall serve a four-year
term.
(f) Quorum.--A majority of the members of the committee
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shall constitute a quorum, and a quorum shall be required for
all actions.
(g) Actions.--A vote of the majority of the members of the
committee present shall be sufficient for all actions taken by
the committee.
(h) Initial meeting.--The committee shall hold its first
meeting no later than 30 days from the effective date of this
subsection.
(i) Compensation.--Members of the committee shall serve
without compensation for their services. Members of the
committee under subsection (b)(6), (7), (8), (9) and (10) shall
be reimbursed for their actual and necessary expenses incurred
in the performance of their duties.
(j) Cooperation.--The commission shall cooperate with the
committee to select staff to be employed by the commission and
assigned to assist the committee in carrying out its duties .
§ 78A04. Criteria.
(a) Duty to establish.--No later than October 31, 2020, the
committee shall establish criteria to be used when evaluating
the following:
(1) Applications submitted under this chapter for
proposed security enhancements to the facility or facilities
of a nonprofit organization including:
(i) A review of the safety and security assessment
form submitted with an application for a grant under this
chapter.
(ii) A review of the nonprofit organization's safety
and security plan.
(iii) A review of the nonprofit organization's
existing plans for crisis response and mitigation.
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(iv) An analysis of the design and the safety and
security vulnerabilities of the facility or facilities of
the nonprofit organization.
(v) An evaluation of the nonprofit organization's
policies relating to safety and security issues.
(vi) An analysis of how the proposed security
enhancements will address the indicated security
vulnerabilities.
(2) Applications submitted under this chapter that
include proposed public outreach programs designed to reduce
violence in the community by encouraging increased
communication, tolerance, respect and understanding.
(b) Periodic review of criteria.--The committee shall review
the criteria established under subsection (a) at a minimum every
three years and may make revisions as needed.
§ 78A05. Assessment providers.
(a) Duty to establish criteria.--No later than October 31,
2020, the committee shall establish criteria for registration of
a person with knowledge and experience in matters of safety and
security that qualifies the person to conduct safety and
security assessments based upon the criteria established by the
committee under section 78A04 (relating to criteria) beginning
October 31, 2020.
( b) Qualified persons.--Persons registered to conduct school
safety and security assessments under section 1304-B of the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, shall be qualified to conduct safety and security
assessments under this chapter.
(c) Periodic review of criteria.--The committee shall review
the criteria established in subsection (a) at a minimum every
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three years and may make revisions as needed.
(d) Registration.--A person shall apply for registration as
an assessment provider to the committee in a manner prescribed
by the committee.
§ 78A06. Safety and security assessments.
(a) Development.--No later than October 31, 2019, the
committee shall develop a safety and security assessment form to
distribute to nonprofit organizations for submission with an
application for a grant under this chapter.
(b) Confidentiality.--Any data collected through the safety
and security assessment form by the committee and the findings
of the committee shall remain confidential and shall not be
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
§ 78A07. Pennsylvania Nonprofit Security Grant Program.
(a) Establishment.--The Pennsylvania Nonprofit Security
Grant Program is established to provide grants to nonprofit
organizations throughout this Commonwealth to fund eligible
uses.
(b) Functions generally.--The committee shall perform all
functions related to the direct approval, disbursement and
administration of grants under the program.
(c) Applications.--No later than September 1, 2020, and by
September 1 of each year thereafter, the committee shall accept
applications from nonprofit organizations for a grant during a
fiscal year. The applications must be submitted in the form and
manner prescribed by the committee.
(d) Review process.--
(1) No later than 90 days after a completed application
is received from a nonprofit organization, the committee
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shall review and approve or deny the application.
(2) A nonprofit organization may revise and resubmit a
denied application to the committee. The committee shall make
a reasonable effort to assist the nonprofit organization in
the revision and resubmission of the denied application.
(3) The committee may engage registered assessment
providers to complete the review required under this
subsection.
(e) Time frame.--The committee shall review applications on
a rolling basis and shall accept applications until all grant
program money for the fiscal year is exhausted.
(f) Eligible uses.--The committee may only award grants
through the grant program for eligible uses. Nonprofit
organizations may only expend grant money received through the
grant program on eligible uses.
(g) Diversity.--The committee shall ensure that funding
under the grant program is geographically dispersed throughout
this Commonwealth.
(h) Limitation.--Each nonprofit organization may submit one
application annually. No nonprofit organization may receive an
annual grant allocation that exceeds 10% of the money available
under the grant program.
(i) Coordination.--The committee shall coordinate with the
commission and the agency on the interaction of the grant
program with the Federal Nonprofit Security Grant Program
administered by the United States Department of Homeland
Security to ensure the most effective use of resources.
(j) Audits.--The commission may randomly audit grant
recipients to ensure the appropriate use of grant money and
compliance with the provisions of this chapter.
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§ 78A08. Pennsylvania Nonprofit Security Grant Fund.
(a) Establishment.--The Pennsylvania Nonprofit Security
Grant Fund is established as a special nonlapsing fund in the
State Treasury.
(b) Appropriation.--All money deposited in the fund and the
interest it accrues are appropriated to the commission on a
continuing basis to award grants under this chapter.
(c) Use.--The fund may only be used for the grant program
authorized under this chapter, and no money in the fund may be
transferred or diverted to any other purpose by administrative
action.
(d) Funding.--Money available to the fund shall include
appropriations and transfers from Federal funds and other
sources of revenue made available to it.
(e) Allocations.--No more than 12.5% of the fund may be
allocated annually for grants for public outreach programs
designed to reduce violence in the community.
(f) Administrative costs.--No more than 1% of the fund may
be used for reasonable administrative costs.
Section 2. This act shall take effect in 60 days.
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