Bill Text: DE HB316 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 9 Of The Delaware Code Relating To The Responsibilities And General Powers Of The County Governments.
Spectrum: Slight Partisan Bill (Democrat 14-5)
Status: (Introduced - Dead) 2014-04-30 - Introduced and Assigned to Public Safety & Homeland Security Committee in House [HB316 Detail]
Download: Delaware-2013-HB316-Draft.html
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SPONSOR: |
Rep. Carson & Rep. M. Smith & Sen. Ennis & Sen. Townsend |
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Reps. Atkins, Baumbach, Gray, Heffernan, Hudson, Jaques, J. Johnson, Longhurst, Paradee, B. Short, D. Short, D.E. Williams, Wilson; Sens. Bushweller, Poore |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 316 |
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AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE RESPONSIBILITIES AND GENERAL POWERS OF THE COUNTY GOVERNMENTS. |
Section 1. Amend Chapter 3, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§309. Ambulance, fire protection and
police services; appropriations.
(a) The county governments of Kent County,
of New Castle County and of Sussex County may appropriate annually the sum of
$750 to each fire company in their respective counties outside the limits of
the City of Wilmington furnishing an ambulance for the benefit of the residents
thereof. The sum appropriated shall be used for the maintenance of ambulance
service.
(b) Where an area of real property owned
by a county is bounded by a wall, fence or other structure which has gates or
other lockable entrances, the county shall notify those public agencies within
the county which provide ambulance, fire and police services of the location of
such gates and entrances. A key to each such enclosed area shall be provided by
the county to the ambulance service, fire company and police department which
are closest to the enclosed area. For purposes of this subsection, the words
"real property" shall include all unimproved land only and shall not
include buildings.
§309. Ambulance, fire protection, and police services; generally.
Where an area of real property owned by a
county is bounded by a wall, fence or other structure which has gates or other
lockable entrances, the county shall notify those public agencies within the
county which provide ambulance, fire and police services of the location of
such gates and entrances. A key to each such enclosed area shall be provided by
the county to the ambulance service, fire company and police department which
are closest to the enclosed area. For purposes of this subsection, the words
"real property" shall include all unimproved land only and shall not include
buildings.
§309A. Volunteer ambulance companies; appropriations.
(a) For the purpose of this section:
(1) "Ambulance runs" means volunteer ambulance company responses to dispatched calls for service.
(2) "Basic life support (BLS)" shall have the same meaning as set forth in §9702 of Title 16.
(3) "Volunteer ambulance company" shall mean a non-profit ambulance company that is certified by the State Fire Prevention Commission and is providing basic life support (BLS) services.
(b) The county governments of Kent County, of New Castle County, and of Sussex County shall fund no less than 15% of the cost of basic life support (BLS) service provided within each county by annual appropriations to each volunteer ambulance company providing services within their respective counties.
(1) Appropriations to each volunteer ambulance company shall be made in proportion to the number of ambulance runs by each volunteer ambulance company out of the total number of ambulance runs by all volunteer ambulance companies in the county.The number of ambulance runs by each volunteer ambulance company and the total number of ambulance by all volunteer ambulance companies in each county shall be determined by the State Fire Prevention Commission.The Commission shall certify this information and provide it to each county government no later than January 15 of each year.
(2) The total cost of basic life support (BLS) service provided within in each county shall be determined by the State Fire Prevention Commission.The Commission shall certify the total cost to each county government no later than January 15 of each year.
(c) The funds required to be appropriated pursuant to subsection (a) of this section may be appropriated from any one or more of the following sources:
(1) The general revenues of each county;
(2) The funds raised pursuant to the revenue raising power authorized by §330(a)(5) of this title;
(3) The funds raised pursuant to the user fee authorized by §330(a)(6) of this title.
§330. General powers and duties.
(a) The county government of each county shall:
(1) Except as otherwise provided by law, have the direction, management and control of the business and finances of the respective counties; and
(2) Have full and complete jurisdiction over all matters and things now or hereafter vested by law in the county governments of the respective counties, or in, or appertaining to, the office of the county governing officials of each county; and
(3) Have and exercise every power, privilege, right and duty which belongs and appertains to the county governments of the respective counties, or to the office of the county governing officials of the county; and
(4) Have the
power and authority to impose and collect by ordinance a tax upon the transfer
of real property situate within unincorporated areas of the county, subject to
the conditions and limitations provided in §8102 of this title. ;
and
(5) Have the power and authority to impose and collect by ordinance an additional tax, an assessment, or a fee upon the assessed valuation of real property in each county subject to assessment by each county government for the limited purpose of providing to each county's volunteer ambulance companies the funding required pursuant to §309A of this title; and
(6) Have the power and authority to impose and collect by ordinance a user fee to be assessed on and collected from users of the basic life support (BLS) services provided by a volunteer ambulance company, as those terms are defined by §309A of this title, for the limited purpose of providing to each county's volunteer ambulance companies the funding required by §309A of this title.
a. Any user fee established pursuant to paragraph (6) of this section may not exceed 150% of the Medicare reimbursable rate for services and supplies provided for basic life support (BLS) services.
b. Any user fee assessed to a user may be offset to the extent of any benefit paid to the volunteer ambulance company by any health insurer, health service corporation, health maintenance organization, managed care organization, health benefit plan, government health plan, government program, or other health insurance, as defined by §903 of Title 18.
Section 2. Amend §4133, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4133. Ambulance service.
(a) So long as any of the organizations
listed in this subsection shall have an ambulance and provide ambulance service
for the benefit of the residents of Kent County, the county government shall
appropriate annually and on July 1 in each year shall pay the sum of $750 to
such organization for the maintenance of its ambulance:
(1)
Robbins Hose Company, No. 1, at Dover;
(2) David
C. Harrison Post, No. 14, Inc., American Legion, at Smyrna;
(3)
Camden-Wyoming Fire Company.
(b) So long as Carlisle Fire Company, of
Milford, shall have an ambulance and provide ambulance service for the benefit
of the residents of Kent and Sussex Counties, the county government may
annually appropriate for and pay to such Company the sum of $250 for the
maintenance of its ambulance.
Section 3. Amend §6106, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§6106. Ambulance service.
(a) So long as any of the organizations
listed in this subsection shall have an ambulance and provide ambulance service
for the benefit of the residents of Sussex County, the county government shall
appropriate annually, and on May 1 of each year shall pay, the sum of $500 to
such organization for the maintenance of its ambulance.
Bridgeville
Fire Company, at Bridgeville.
Delmar
Fire Department, Inc., at Delmar.
Frankford
Volunteer Fire Company, at Frankford.
Gumboro
Volunteer Fire Company.
Laurel
Fire Department, at Laurel.
The Rehoboth
Beach Volunteer Fire Company, Inc., at Rehoboth Beach.
Seaford
Volunteer Fire Company, at Seaford.
Selbyville
American Legion Post 9, Inc.
Sussex
Memorial Post, No. 7422, V.F.W. at Millsboro.
Sussex
Post No. 8, Incorporated, American Legion.
(b) So long as Sussex Post, No. 9,
American Legion, at Georgetown, shall have an ambulance and provide ambulance
service for the benefit of the residents of Sussex County, the county
government shall appropriate annually and on May 1 in each year shall pay the
sum of $250 to it for the maintenance of its ambulance.
(c) So long as Carlisle Fire Company, of
Milford, shall have an ambulance and provide ambulance service for the benefit
of the residents of Kent and Sussex Counties, the county government may
appropriate and pay to it annually the sum of $250 for the maintenance of its
ambulance.
(d) So long as Lewes Fire Department of
Lewes, Delaware, shall have an ambulance and provide ambulance service for the
benefit of the residents of Sussex County, the county government shall
appropriate annually and on May 1 of each year shall pay the sum of $500 to it
for the maintenance of its ambulance.
SYNOPSIS
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In 1999, House Bill 332 established new response time goals and certification standards for the delivery of basic life support and emergency medical services.In order to meet the new standards, volunteer ambulance companies needed to hire paid EMTs and ambulance attendants to ensure the availability of sufficient numbers of trained, certified staff on a 24 hour, 7 days a week basis to meet the new response time goals.The authors of House Bill 332 recognized that compliance with the new goals and standards would impose additional expense on the volunteer ambulance companies; however, neither House Bill 332 nor any subsequent legislation has addressed the funding sources for basic life support ambulance service in Delaware.Increased costs, without corresponding increases in revenue, have eroded the financial stability of volunteer ambulance companies.In 2012, 40 of Delaware's 55 volunteer ambulance companies reported they are now conducting ambulance/EMS operations at a loss. In 2013, House Bill 215 established the Ambulance and EMS Task Force ("Task Force").In February 2014, the Task Force issued its report on the state of funding of ambulance and EMS services in Delaware and noted, "By some accounts, the public may begin to see diminished ambulance service in as little as 8 to 12 months, if steps are not taken promptly to meet the funding need."The Task Force made 9 findings and 13 recommendations aimed at addressing this issue. This bill would implement one of the Task Force's recommendations to improve the funding of basic life support ambulance services in Delaware by requiring each county to contribute a minimum of 15% of the total countywide cost of basic life support services provided by volunteer ambulance companies within each county.The bill allows the counties the leeway to determine the best way to provide these funds; however the bill grants a county the power to support its volunteer ambulance companies through additional funding mechanisms designed solely for the support of volunteer ambulance companies, should it choose to do so.These additional powers are (1) to assess an additional tax rate, assessment, or fee on real property or (2) to adopt a user fee. |
