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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY D. WHITE, YAW, KASUNIC, M. WHITE, ORIE, BROWNE, TOMLINSON, GORDNER, RAFFERTY, ERICKSON, KITCHEN, SMUCKER, ALLOWAY, BREWSTER, COSTA, BOSCOLA, PIPPY, YUDICHAK, BAKER AND FERLO, MARCH 25, 2011 |
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| REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 25, 2011 |
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| AN ACT |
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1 | Establishing a grant program for volunteer emergency service |
2 | organizations to provide incentives for establishing |
3 | partnerships; conferring powers and duties on the Center for |
4 | Local Government Services within the Department of Community |
5 | and Economic Development; establishing the Volunteer |
6 | Emergency Services Partnership Bond Fund and the Volunteer |
7 | Emergency Services Partnership Bond Sinking Fund; and |
8 | providing for funding. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Short title. |
12 | This act shall be known and may be cited as the Volunteer |
13 | Emergency Service Partnership Grant Program Act. |
14 | Section 2. Definitions. |
15 | The following words and phrases when used in this act shall |
16 | have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | "Applicant." A volunteer emergency service organization. |
19 | "Application." A Single Application for Assistance provided |
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1 | by the Department of Community and Economic Development. |
2 | "Assets." Owned things that have exchange value, including |
3 | cash, investments, vehicles, equipment, real property and |
4 | manpower. |
5 | "Association." An agreement of two or more companies to |
6 | combine and administer similar activities through an umbrella |
7 | organization. The term does not include transfer or combination |
8 | of assets, as most costs of operations or programs are shared. |
9 | "Center." The Center for Local Government Services. |
10 | "Company." A volunteer emergency service organization. |
11 | "Consolidation." The combination of two or more companies |
12 | which results in the termination of all companies and the |
13 | creation of a new company with a new name and the transfer of |
14 | all assets and liabilities of the former companies to the new |
15 | company. |
16 | "Department." The Department of Community and Economic |
17 | Development of the Commonwealth. |
18 | "Eligible activities." A formally executed association, |
19 | merger, consolidation, regional entity or other partnership not |
20 | defined by this act but approved by the center and the |
21 | Department of Community and Economic Development. |
22 | "Eligible expenses." The legal expenditure of grant funds |
23 | for activities, products or services enumerated by this act or |
24 | by guidelines under section 10. |
25 | "Formal agreement." An agreement in writing between two or |
26 | more volunteer emergency service organizations. The term does |
27 | not include a mutual aid agreement. |
28 | "Formal partnership." Two or more volunteer emergency |
29 | service organizations entering into a formal agreement to share |
30 | or combine assets, and possibly liabilities, to achieve a common |
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1 | goal. |
2 | "Fund." The Volunteer Emergency Services Partnership Bond |
3 | Fund. |
4 | "Issuing officials." The Governor, the Auditor General and |
5 | the State Treasurer. |
6 | "Merger." The combination of two or more companies which |
7 | results in all but one of the companies relinquishing its name |
8 | and which transfers all assets and liabilities of joining |
9 | companies to the surviving company. |
10 | "Program." The Volunteer Emergency Services Partnership |
11 | Grant Program established in section 6. |
12 | "Volunteer emergency service organization." Any nonprofit |
13 | chartered corporation, association or organization which is |
14 | located in this Commonwealth and which provides fire protection |
15 | services, emergency medical services or rescue services and |
16 | other voluntary emergency services within this Commonwealth. |
17 | Section 3. Funding of grant program. |
18 | (a) Sale of bonds.--Funding for this act shall be provided |
19 | by the sale of bonds approved and authorized in the referendum |
20 | under section 31.3 of the act of June 29, 2002 (P.L.559, No.89) |
21 | entitled "An act amending the act of March 4, 1971 (P.L.6, |
22 | No.2), entitled 'An act relating to tax reform and State |
23 | taxation by codifying and enumerating certain subjects of |
24 | taxation and imposing taxes thereon; providing procedures for |
25 | the payment, collection, administration and enforcement thereof; |
26 | providing for tax credits in certain cases; conferring powers |
27 | and imposing duties upon the Department of Revenue, certain |
28 | employers, fiduciaries, individuals, persons, corporations and |
29 | other entities; prescribing crimes, offenses and penalties,' |
30 | further providing, in sales and use tax, for definitions, for |
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1 | imposition, for exclusions, for licenses, for collection, for |
2 | bulk and auction sales and for crimes; providing, in local tax |
3 | situs, for situs of mobile telecommunications services; further |
4 | providing, in personal income tax, for definitions, for classes |
5 | of income, for special tax provisions for poverty, for |
6 | contributions, for bulk and auction sales and transfers; in |
7 | corporate net income tax, for definitions, for imposition and |
8 | for interest in unincorporated entities; and in capital stock |
9 | and franchise tax, for definitions, for imposition, for deposit |
10 | of proceeds, for interest in unincorporated entities and for |
11 | applicability and expiration; establishing revenue-neutral |
12 | reconciliation in utilities gross receipts tax; providing, in |
13 | public utility realty tax and for surcharge; further providing, |
14 | in realty transfer tax, for furnishing stamps; in cigarette tax, |
15 | for incidence and rate, for floor tax, for commissions on sales |
16 | and for disposition of certain funds; in research and |
17 | development tax credit, for time limitations and for |
18 | termination; in inheritance tax, for definitions, for transfers |
19 | not subject to tax and for estate tax and for estate tax |
20 | returns; providing for immediate assessment, settlement or |
21 | collection and for depreciation of certain property in cities of |
22 | the first class; and making repeals." |
23 | (b) Initial sale.--The program shall be authorized for a |
24 | period of five years and shall be financed in the aggregate |
25 | amount of $25,000,000 from the sale of bonds approved by the |
26 | voters in the November 2002 election. Funds shall be distributed |
27 | in an amount equal to $5,000,000 for each successive fiscal |
28 | year. |
29 | (c) Rollover.--Any funds not used during a fiscal year shall |
30 | roll over to the successive fiscal year for purposes enumerated |
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1 | under this act. |
2 | Section 4. Volunteer Emergency Services Partnership Bond Fund. |
3 | (a) Establishment.--The Volunteer Emergency Services |
4 | Partnership Bond Fund is hereby created in the State Treasury |
5 | and shall be the source from which all payments are authorized, |
6 | with the approval of the Governor, to carry out the purposes of |
7 | this act. |
8 | (b) Deposit.--Proceeds of borrowing under section 5 shall be |
9 | deposited in the fund. |
10 | (c) Purpose of fund.--The moneys in the fund shall only be |
11 | utilized for the purpose of grants to volunteer emergency |
12 | services organizations under this act. |
13 | Section 5. Commonwealth indebtedness. |
14 | (a) Borrowing authorized.-- |
15 | (1) Following approval by the electorate of the |
16 | referendum under section 31.3 of the act of June 29, 2002 |
17 | (P.L.559, No.89), entitled "An act amending the act of March |
18 | 4, 1971 (P.L.6, No.2), entitled 'An act relating to tax |
19 | reform and State taxation by codifying and enumerating |
20 | certain subjects of taxation and imposing taxes thereon; |
21 | providing procedures for the payment, collection, |
22 | administration and enforcement thereof; providing for tax |
23 | credits in certain cases; conferring powers and imposing |
24 | duties upon the Department of Revenue, certain employers, |
25 | fiduciaries, individuals, persons, corporations and other |
26 | entities; prescribing crimes, offenses and penalties,' |
27 | further providing, in sales and use tax, for definitions, for |
28 | imposition, for exclusions, for licenses, for collection, for |
29 | bulk and auction sales and for crimes; providing, in local |
30 | tax situs, for situs of mobile telecommunications services; |
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1 | further providing, in personal income tax, for definitions, |
2 | for classes of income, for special tax provisions for |
3 | poverty, for contributions, for bulk and auction sales and |
4 | transfers; in corporate net income tax, for definitions, for |
5 | imposition and for interest in unincorporated entities; and |
6 | in capital stock and franchise tax, for definitions, for |
7 | imposition, for deposit of proceeds, for interest in |
8 | unincorporated entities and for applicability and expiration; |
9 | establishing revenue-neutral reconciliation in utilities |
10 | gross receipts tax; providing, in public utility realty tax |
11 | and for surcharge; further providing, in realty transfer tax, |
12 | for furnishing stamps; in cigarette tax, for incidence and |
13 | rate, for floor tax, for commissions on sales and for |
14 | disposition of certain funds; in research and development tax |
15 | credit, for time limitations and for termination; in |
16 | inheritance tax, for definitions, for transfers not subject |
17 | to tax and for estate tax and for estate tax returns; |
18 | providing for immediate assessment, settlement or collection |
19 | and for depreciation of certain property in cities of the |
20 | first class; and making repeals," authorizing the incurring |
21 | of indebtedness in the amount of $100,000,000, for the |
22 | purposes prescribed in this act, the issuing officials, |
23 | pursuant to the provisions of section 7(a)(3) of Article VIII |
24 | of the Constitution of Pennsylvania, are authorized and |
25 | directed to borrow, on the credit of the Commonwealth, money |
26 | not exceeding in the aggregate the sum of $25,000,000, not |
27 | including money borrowed to refund outstanding bonds, notes |
28 | or replacement notes, as may be found necessary to carry out |
29 | the purposes of this act. |
30 | (2) As evidence of the indebtedness, general obligation |
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1 | bonds of the Commonwealth shall be issued from time to time |
2 | to provide moneys necessary to carry out the purposes of this |
3 | act as the issuing officials direct, including: |
4 | (i) total amounts; |
5 | (ii) form; |
6 | (iii) denominations; |
7 | (iv) terms and conditions of issue, redemption and |
8 | maturity; |
9 | (v) rate of interest; and |
10 | (vi) time of payment of interest. |
11 | The latest stated maturity date shall not exceed 20 years |
12 | from the date of the first obligation issued to evidence the |
13 | debt. |
14 | (3) All bonds and notes issued under this act shall bear |
15 | facsimile signatures of the issuing officials and a facsimile |
16 | of the Great Seal of the Commonwealth and shall be |
17 | countersigned by a duly authorized officer of a duly |
18 | authorized loan and transfer agent of the Commonwealth. |
19 | (4) All bonds and notes issued in accordance with this |
20 | section shall be direct obligations of the Commonwealth, and |
21 | the full faith and credit of the Commonwealth is hereby |
22 | pledged for the payment of the interest thereon, as it |
23 | becomes due, and the payment of the principal at maturity. |
24 | The principal of and interest on the bonds and notes shall be |
25 | payable in lawful money of the United States. |
26 | (5) All bonds and notes issued under this section shall |
27 | be exempt from taxation for State and local purposes. |
28 | (6) The bonds may be issued as coupon bonds or |
29 | registered as to both principal and interest as the issuing |
30 | officials may determine. If interest coupons are attached |
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1 | they shall contain the facsimile signature of the State |
2 | Treasurer. |
3 | (7) The issuing officials shall provide for amortization |
4 | of the bonds in substantial and regular amounts over the term |
5 | of the debt so that the bonds of each issue allocated to the |
6 | programs to be funded from the bond issue shall mature within |
7 | a period not to exceed the appropriate amortization period |
8 | for each program as specified by the issuing officials, but |
9 | in no case in excess of 20 years. The first retirement of |
10 | principal shall be stated to mature prior to the expiration |
11 | of a period of time equal to one-tenth of the time from the |
12 | date of the first obligation issued to evidence the debt to |
13 | the date of the expiration of the term of the debt. |
14 | Retirements of principal shall be regular and substantial if |
15 | made in annual or semiannual amounts whether by stated serial |
16 | maturities or by mandatory sinking fund retirements. |
17 | (8) The issuing officials are authorized to provide by |
18 | resolution for the issuance of refunding bonds for the |
19 | purpose of refunding any debt issued under the provisions of |
20 | this act and then outstanding, either by voluntary exchange |
21 | with the holders of the outstanding debt or providing funds |
22 | to redeem and retire the outstanding debt with accrued |
23 | interest, any premium payable thereon and the costs of |
24 | issuance and retirement of the debt, at maturity or at any |
25 | call date. The issuance of the refunding bonds, the |
26 | maturities and other details thereof, the rights of the |
27 | holders thereof and the duties of the issuing official in |
28 | respect thereto shall be governed by the provisions of this |
29 | section, insofar as they may be applicable. Refunding bonds |
30 | may be issued by the issuing officials to refund debt |
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1 | originally issued or to refund bonds previously issued for |
2 | refunding purposes. |
3 | (9) Whenever any action is to be taken or decision made |
4 | by the Governor, the Auditor General and the State Treasurer |
5 | acting as issuing officials and the three officers are not |
6 | able unanimously to agree, the action or decision of the |
7 | Governor and either the Auditor General or the State |
8 | Treasurer shall be binding and final. |
9 | (b) Sale of bonds.-- |
10 | (1) Whenever bonds are issued, they shall be offered for |
11 | sale at not less than 98% of the principal amount and accrued |
12 | interest and shall be sold by the issuing officials to the |
13 | highest and best bidder or bidders after due public |
14 | advertisement on the terms and conditions and upon such open |
15 | competitive bidding as the issuing officials shall direct. |
16 | The manner and character of the advertisement and the time of |
17 | advertising shall be prescribed by the issuing officials. No |
18 | commission shall be allowed or paid for the sale of any bonds |
19 | issued under the authority of this act. |
20 | (2) Any portion of any bond issue so offered and not |
21 | sold or subscribed for at public sale may be disposed of by |
22 | private sale by the issuing officials in such manner and at |
23 | such prices, not less than 98% of the principal amount and |
24 | accrued interest, as the Governor shall direct. No commission |
25 | shall be allowed or paid for the sale of any bonds issued |
26 | under the authority of this act. |
27 | (3) When bonds are issued from time to time, the bonds |
28 | of each issue shall constitute a separate series to be |
29 | designated by the issuing officials or may be combined for |
30 | sale as one series with other general obligation bonds of the |
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1 | Commonwealth. |
2 | (4) Until permanent bonds can be prepared, the issuing |
3 | officials may in their discretion issue, in lieu of permanent |
4 | bonds, temporary bonds in such form and with such privileges |
5 | as to registration and exchange for permanent bonds as may be |
6 | determined by the issuing officials. |
7 | (5) The proceeds realized from the sale of bonds and |
8 | notes, except refunding bonds and replacement notes, under |
9 | the provisions of this act shall be paid into the fund. The |
10 | proceeds shall be paid by the State Treasurer periodically to |
11 | those Commonwealth officers and Commonwealth agencies |
12 | authorized to expend them at such times and in such amounts |
13 | as may be necessary to satisfy the funding needs thereof. The |
14 | proceeds of the sale of refunding bonds and replacement notes |
15 | shall be paid to the State Treasurer and applied to the |
16 | payment of principal, the accrued interest and premium, if |
17 | any, and the cost of redemption of the bonds and notes for |
18 | which the obligations shall have been issued. |
19 | (6) Pending their application for the purposes |
20 | authorized, moneys held or deposited by the State Treasurer |
21 | may be invested or reinvested as are other funds in the |
22 | custody of the State Treasurer in the manner provided by law. |
23 | All earnings received from the investment or deposit of the |
24 | funds shall be paid into the State Treasury to the credit of |
25 | the fund. The earnings in excess of bond discounts allowed, |
26 | expenses paid for the issuance of bonds and notes and |
27 | interest arbitrage rebates due to the Federal Government |
28 | shall be transferred annually to the fund. Any interest or |
29 | investment income shall be applied to assist in the payment |
30 | of the debt service incurred in connection with this act. |
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1 | (7) The Auditor General shall prepare the necessary |
2 | registry book to be kept in the office of the duly authorized |
3 | loan and transfer agent of the Commonwealth for the |
4 | registration of any bonds, at the request of owners thereof, |
5 | according to the terms and conditions of issue directed by |
6 | the issuing officials. |
7 | (8) There is hereby appropriated to the State Treasurer |
8 | from the fund as much money as is necessary to pay all costs |
9 | and expenses in connection with the issue of and sale and |
10 | registration of the bonds and notes under this act and the |
11 | payment of interest arbitrage rebates or proceeds of the |
12 | bonds and notes. |
13 | (c) Temporary financing authorization.-- |
14 | (1) Pending the issuance of bonds of the Commonwealth |
15 | under this act, the issuing officials are hereby authorized, |
16 | on the credit of the Commonwealth, to make temporary |
17 | borrowings not to exceed three years in anticipation of the |
18 | issue of bonds in order to provide funds in such amounts as |
19 | may from time to time be deemed advisable prior to the issue |
20 | of bonds. In order to provide for and in connection with the |
21 | temporary borrowings, the issuing officials are hereby |
22 | authorized in the name and on behalf of the Commonwealth to |
23 | enter into any purchase, loan or credit agreement, or other |
24 | agreement with any banks or trust companies or other lending |
25 | institutions, investment banking firms or persons in the |
26 | United States having power to enter into the same. An |
27 | agreement may contain provisions which are not inconsistent |
28 | with the provisions of this act and which are authorized by |
29 | the issuing officials. |
30 | (2) All temporary borrowings made under this section |
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1 | shall be evidenced by notes of the Commonwealth which shall |
2 | be issued by the issuing officials from time to time for |
3 | amounts not exceeding in the aggregate the applicable |
4 | statutory and constitutional debt limitation under this act. |
5 | The issuing officials shall determine the form, |
6 | denominations, terms and conditions of sale and issue, |
7 | prepayment or redemption and maturity, rate or rates of |
8 | interest and time of payment of interest. The issuing |
9 | officials may provide for the subsequent issuance of |
10 | replacement notes to refund outstanding notes or replacement |
11 | notes, which replacement notes shall, upon issuance thereof, |
12 | evidence the borrowing and may specify other terms and |
13 | conditions with respect to the notes and replacement notes |
14 | thereby authorized for issuance. |
15 | (3) When the authorization and direction of the issuing |
16 | officials provides for the issuance of replacement notes, the |
17 | following shall apply: |
18 | (i) The issuing officials are hereby authorized in |
19 | the name and on behalf of the Commonwealth to issue, |
20 | enter into or authorize and direct the State Treasurer to |
21 | enter into agreements with any banks, trust companies, |
22 | investment banking firms or other institutions or persons |
23 | in the United States having the power to enter the same: |
24 | (A) To purchase or underwrite an issue or series |
25 | of issues or notes. |
26 | (B) To credit, to enter into any purchase, loan |
27 | or credit agreements, to draw moneys pursuant to any |
28 | agreement on the terms and conditions set forth |
29 | therein and to issue notes as evidence of borrowings |
30 | made under any agreement under this paragraph. |
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1 | (C) To appoint as issuing and payment agent or |
2 | agents with respect to notes. |
3 | (D) To do other acts as may be necessary or |
4 | appropriate to provide for the payment, when due, of |
5 | the interest on and the principal of the notes. |
6 | (ii) Agreements under this paragraph may provide for |
7 | the compensation of any purchasers or underwriters of |
8 | notes or replacement notes by discounting the purchase |
9 | price of the notes or by payment of a fixed fee or |
10 | commission at the time of issuance thereof, and all other |
11 | costs and expenses, including fees for agreements related |
12 | to the notes, issuing and paying agent costs. Costs and |
13 | expenses of issuance, may be paid from the proceeds of |
14 | the notes. |
15 | (4) When the authorization and direction of the issuing |
16 | officials provide for the issuance of replacement notes, the |
17 | State Treasurer shall, at or prior to the time of delivery of |
18 | these notes or replacement notes, determine the principal |
19 | amounts, dates of issue, interest rate or rates, or |
20 | procedures for establishing rates from time to time, rates of |
21 | discount, denominations and all other terms and conditions |
22 | relating to the issuance and shall perform all acts and |
23 | things necessary to pay or cause to be paid, when due, all |
24 | principal of and interest on the notes being refunded by |
25 | replacement notes and to assure that the same may draw upon |
26 | any moneys available for that purpose pursuant to any |
27 | purchase, loan or credit agreements established with respect |
28 | thereto, all subject to the authorization and direction of |
29 | the issuing officials. |
30 | (5) Outstanding notes evidencing temporary borrowings |
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1 | under this subsection may be funded and retired by the |
2 | issuance and sale of the bonds of the Commonwealth as |
3 | hereinafter authorized. The refunding bonds must be issued |
4 | and sold not later than a date three years after the date of |
5 | issuance of the first notes evidencing the borrowings to the |
6 | extent that payment of the notes has not otherwise been made |
7 | or provided for by sources other than proceeds of replacement |
8 | notes. |
9 | (6) The proceeds of all temporary borrowing shall be |
10 | paid to the State Treasurer to be held and disposed of in |
11 | accordance with the provisions of this act. |
12 | (d) Debt retirement.-- |
13 | (1) All bonds issued under this act shall be redeemed at |
14 | maturity, together with all interest due from time to time on |
15 | the bonds, and these principal and interest payments shall be |
16 | paid from the Volunteer Emergency Services Partnership Bond |
17 | Sinking Fund, which is hereby established. For the specific |
18 | purpose of redeeming the bonds at maturity and paying all |
19 | interest thereon in accordance with the information received |
20 | from the Governor, the General Assembly shall appropriate |
21 | moneys to the Volunteer Emergency Services Partnership Bond |
22 | Sinking Fund for the payment of interest on the bonds and |
23 | notes and the principal thereof at maturity. All moneys paid |
24 | into the Volunteer Emergency Services Partnership Bond |
25 | Sinking Fund and all of the moneys not necessary to pay |
26 | accruing interest shall be invested by the State Treasurer in |
27 | such securities as are provided by law for the investment of |
28 | the sinking funds of the Commonwealth. |
29 | (2) The State Treasurer, with the approval of the |
30 | Governor, is authorized at any time to use any of the moneys |
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1 | in the fund not necessary for the purposes of the referendum |
2 | authorizing the indebtedness necessary to carry out this act, |
3 | for the purchase and retirement of all or any part of the |
4 | bonds and notes issued pursuant to the authorization of this |
5 | act. In the event that all or any part of the bonds and notes |
6 | are purchased, they shall be canceled and returned to the |
7 | loan and transfer agent as canceled and paid bonds and notes, |
8 | and thereafter all payments of interest thereon shall cease. |
9 | The canceled bonds, notes and coupons, together with any |
10 | other canceled bonds, notes and coupons, shall be destroyed |
11 | as promptly as possible after cancellation but not later than |
12 | two years after cancellation. A certification evidencing the |
13 | destruction of the canceled bonds, notes and coupons shall be |
14 | provided by the loan and transfer agent to the issuing |
15 | officials. All canceled bonds, notes and coupons shall be so |
16 | marked as to make the canceled bonds, notes and coupons |
17 | nonnegotiable. |
18 | (3) The State Treasurer shall determine and report to |
19 | the Secretary of the Budget by November 1 of each year the |
20 | amount of money necessary for the payment of interest on |
21 | outstanding obligations and the principal of the obligations, |
22 | if any, for the following fiscal year and the times and |
23 | amounts of the payments. It shall be the duty of the Governor |
24 | to include in every budget submitted to the General Assembly |
25 | full information relating to the issuance of bonds and notes |
26 | under the provisions of this act and the status of the |
27 | Volunteer Emergency Services Partnership Bond Sinking Fund of |
28 | the Commonwealth for the payment of interest on the bonds and |
29 | notes and the principal thereof at maturity. |
30 | (4) The General Assembly shall appropriate an amount |
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1 | equal to the sums as may be necessary to meet repayment |
2 | obligations for principal and interest for deposit into the |
3 | Volunteer Emergency Services Partnership Bond Sinking Fund. |
4 | (e) Expiration.--Authorization to issue bonds and notes, not |
5 | including refunding bonds and replacement notes, for the purpose |
6 | of this act shall expire ten years from the effective date of |
7 | this section. |
8 | Section 6. Volunteer Emergency Services Partnership Grant |
9 | Program. |
10 | (a) Authorization.--The Volunteer Emergency Services |
11 | Partnership Grant Program is established and shall be authorized |
12 | for a period of five years for the purpose of providing |
13 | incentives to encourage volunteer emergency service |
14 | organizations to consolidate, merge or form partnerships, where |
15 | appropriate, for the purpose of providing emergency services in |
16 | a more effective and efficient manner. |
17 | (b) Eligibility.-- |
18 | (1) A volunteer emergency service organization located |
19 | within this Commonwealth is an eligible applicant. A |
20 | municipality may apply on behalf of a volunteer emergency |
21 | service organization, but grant funds shall not be paid to a |
22 | municipality. |
23 | (2) A relief association, social club, retirement |
24 | program or length of service award program (LOSAP) shall not |
25 | be eligible to receive grants under this act. |
26 | (c) Use of grant funds.-- |
27 | (1) Grant funds may be used for: |
28 | (i) Emergency response vehicles, excluding command, |
29 | officer or chief vehicles. |
30 | (ii) Building expansion, renovation or new |
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1 | buildings. This subparagraph does not include social hall |
2 | renovations, expansions or additions. |
3 | (iii) Reduction or elimination of debt. |
4 | (iv) Legal and administrative costs associated with |
5 | creating a partnership. |
6 | (v) Costs associated with development of a long- |
7 | range capital budget or capital expenditure plan for a |
8 | period of at least ten years. |
9 | (vi) Costs associated with and costs to maintain a |
10 | recruitment and retention plan. |
11 | (vii) Costs associated with the establishment of |
12 | live-in quarters. |
13 | (2) Funds for eligible expenses may be used in more than |
14 | one location. Any use of funds not listed must be approved in |
15 | writing by the department prior to any of those funds being |
16 | expended. |
17 | (3) Grant funds shall not be used for: |
18 | (i) Salaries. |
19 | (ii) Fundraising supplies or equipment. |
20 | (iii) Personal benefit programs for members. |
21 | Section 7. Limitation on grants. |
22 | (a) Limits.--The following are the grant limits: |
23 | (1) $100,000 for the creation of a partnership as |
24 | defined by this act. |
25 | (2) $50,000 for each company involved in a formal |
26 | partnership. |
27 | (3) $50,000 for each new company absorbed into or added |
28 | to an existing formal partnership. |
29 | (4) $20,000 for creation of each new association of |
30 | volunteer emergency service organizations. |
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1 | (5) $20,000 maximum for design, creation and delivery of |
2 | education or communication programs designed to recruit and |
3 | retain members. Funds awarded under this activity are |
4 | restricted to formal partnerships and may not be used for any |
5 | purposes not set forth in this paragraph. |
6 | (b) Conditions.-- |
7 | (1) An applicant must provide proof of a formal |
8 | partnership by presenting verification of majority vote by |
9 | the membership of a company or companies to enter into a |
10 | formal partnership. Official meeting minutes shall qualify as |
11 | proof of a majority vote. Additionally, proof of creation of |
12 | a consolidated or merged company must be supported by |
13 | Department of State registration. Any other form of |
14 | partnership not defined by this act shall be separately |
15 | evaluated by the board of review. |
16 | (2) All grants received by an entity eligible under this |
17 | act shall be placed in a separate account of the organization |
18 | and shall not be commingled with any other funds. All |
19 | vouchers for payments from the account shall be presented to |
20 | the department upon demand for purposes of monitoring |
21 | compliance with this act. |
22 | Section 8. Applications and review of applications. |
23 | (a) Submittal.--A grant application must be submitted on the |
24 | department's Single Application for Assistance form. An |
25 | application must be submitted electronically or in hard copy |
26 | form and must be directed to the center following submission. In |
27 | the instance of an application for formal recruitment or |
28 | retention programs, a plan must be submitted with the |
29 | application indicating how funds will be spent, and a schedule |
30 | for the expenditure of those funds shall be provided. An |
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1 | applicant must state that grant funds will be maintained in a |
2 | separate account of the organization and shall not be commingled |
3 | with other funds. |
4 | (b) Factors.--In determining whether an applicant is |
5 | eligible for a grant, the center shall evaluate the application |
6 | on the basis of all of the following factors: |
7 | (1) Eligibility of the organization. |
8 | (2) Completeness of application. |
9 | (3) Submission of proper documentation as required by |
10 | this act. |
11 | (4) The overall benefit to the region. |
12 | Section 9. Verification of use of grant funds. |
13 | (1) Volunteer emergency service organizations receiving |
14 | funding under this act shall establish and maintain a |
15 | separate account for any grant. |
16 | (2) Department staff shall be responsible for ensuring |
17 | that all funds are spent in accordance with this act and any |
18 | guidelines issued under section 10. |
19 | (3) A volunteer emergency service organization shall, on |
20 | demand, provide the department with any requested information |
21 | regarding the placement, accounting and disbursement of any |
22 | grant funds awarded under this act. |
23 | Section 10. Administration. |
24 | (a) Administration.--This act shall be administered by the |
25 | center. |
26 | (b) Guidelines.--The center, through the department, shall |
27 | promulgate guidelines in order to carry out the provisions of |
28 | this act. |
29 | (c) Content of guidelines.--Guidelines shall provide, at a |
30 | minimum, the following elements: |
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1 | (1) An explanation of purpose. |
2 | (2) Applicant eligibility. |
3 | (3) Program objectives. |
4 | (4) Program requirements. |
5 | (5) Eligible activities. |
6 | (6) Grant allocation and limitations. |
7 | (7) The application process. |
8 | (8) Evaluation criteria. |
9 | (9) Application review procedure. |
10 | (10) Award selection. |
11 | (11) Program administration. |
12 | (12) Any other requirement deemed necessary to |
13 | administer the provisions of this act. |
14 | (d) Board of review.--If a company proposes a partnership |
15 | that is not specifically set forth in this act, the center shall |
16 | create and appoint a board of review comprised of the center |
17 | policy manager in charge of the program, the State Fire |
18 | Commissioner, the Commonwealth Emergency Medical Director in the |
19 | Department of Health and the deputy secretary for programs of |
20 | the department. A decision of the board of review with regard to |
21 | any application for funding is final. |
22 | (e) Information.--The center shall annually provide, as |
23 | necessary, any information to applicants regarding eligibility, |
24 | applications and enforcement of grant provisions in the form of |
25 | informational or training sessions in no less than ten locations |
26 | throughout this Commonwealth. |
27 | Section 20. Effective date. |
28 | This act shall take effect July 1, 2011, or immediately, |
29 | whichever is later. |
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