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Week of January 5
The House and
Senate convene the 193rd session with the swearing in of 203
representatives and 24 senators (one Senatorial seat is vacant due to the death
of Jim Rhodes-special election to be held in March).
House and
Senate Committee Chairmen have been announced and are as follows:
House Veterans
Affairs and Emergency Preparedness-Representative Tony Melio (Majority
Chairman), Representative Russ Fairchild (Minority Chairman).
Senate Veterans
Affairs and Emergency Preparedness-Senator Lisa Baker (Majority Chairwoman),
Senator Larry Farnese (Minority Chairman).
(back to top)
Week
of January 19
The State
Treasurer Rob McCord, Auditor General Jack Wagner and Attorney General Tom
Corbett were sworn into office on Tuesday.
The Governor
announced the appointment of George Cornelius as the Secretary of the Department
of Community and Economic Development (DCED). Cornelius replaces Dennis
Yablonsky, who resigned from DCED in 2008. During this announcement the
Governor revealed that the State is facing a $2.3 billion budget deficit and
suggested that there would be “painful program cuts” revealed in his February
budget address and indicated that state employee layoffs would be likely.
Governor
Rendell also provided the latest employment figures for Pennsylvania. In
December, 27,000 jobs were lost in the Commonwealth, raising the unemployment
level to 6.7%, still half a percentage better than the country as a whole.
The Senate
returned to session for mostly housekeeping matters and bill introductions.
We have begun
to formulate our 2009 legislative strategy and focus on the four priorities (Act
84 Restructuring, Cancer Presumption, Expansion of Tax Credits, Sprinkler Issue)
discussed during our legislative meeting with FASP in December. We have
scheduled meetings with the four Chairpersons (or their staff) of the Veteran’s
Affairs and Emergency Preparedness Committee, the Fire Caucus Chairmen and
various members of the Fire Caucus to discuss FASP legislative priorities.
Bill
Introductions:
·
SB 24 Residential Transfer Portable Fire Extinguisher Act
requires every dwelling unit located in a building without a sprinkler system,
at the sale, lease or transfer of the dwelling unit, to be equipped with at
least one portable fire extinguisher, at the expense of the seller, landlord or
transferor, in conformance with rules and regulations promulgated by the
Department of Labor and Industry.
·
SB 29 Carbon
Monoxide Protection Act requires every unit of a dwelling space in a dwelling to
be equipped with one or more carbon monoxide sensor devices that bear the label
of a nationally recognized testing laboratory and have been tested and listed as
complying with the Underwriters Laboratories standard 2034 or its equivalent as
approved by the department by regulation.
(back to top)
Week of January 26
Both the House
and the Senate returned to Harrisburg this week to begin the 2009/2010
legislative session. Much of the discussion with members revolved around the
Commonwealth’s growing budget deficit, the potential funding to be received from
the federal stimulus package and speculating what might be discussed during the
Governor’s budget address next week. And various press conferences, policy
committee meetings were held with the overriding sentiment being “no new taxes
and no new spending”.
Committees of
the House and Senate met briefly to organize and establish rules for the new
session.
Bill
Introductions:
·
HB 86
Amends the Hazardous Material Emergency Planning and Response Act
clarifying the requirements of the program for certifying hazardous material
response teams, and adding that the program must review existing standards for
the training and equipment needed to prepare regional hazardous material
organizations to respond to biological and chemical emergencies that are a
result of a terrorist incident.
·
HB 91 Amends the Local Option Small Games of Chance Act defining “card
game contest” and adding card game contests to the definition of “games of
chance”. The maximum cash value which may be awarded for any single card game in
a card game contest shall be $500. The bill provides for special permits
relating to card game contests.
·
HB 103 Act prohibiting any municipal pension system in a city of the
first or second class from denying certain benefits to surviving spouses of
firefighters or certain employees upon a subsequent remarriage of the surviving
spouse.
·
SB 113 Amends the
Clean Indoor Air Act further prohibiting smoking in public places by specifying
the term “drinking establishment” includes nightclubs, expands the definitions
of “private club,” “public place,” and defines “residential facilities.” The
bill stipulates it shall not be construed to restrict the power of a political
subdivision to adopt and enforce any rule or ordinance that complies with at
least the minimum applicable standards set forth in the act, and repeals Section
15.1 of the Fire and Panic Act insofar as it refers to section 10.1 of that act
and to the extent of any inconsistency with the legislation.
(back to top)
Week of February 2
Governor Ed
Rendell this week opened the 2009-2010 Budget address by forewarning the members
of the General Assembly of the difficult economic circumstances that face the
Commonwealth, by stating that this budget “presents challenges the likes of
which we have not seen since the Great Depression”. Despite wide program cuts
and reductions in government spending, tax collections are down significantly
and the state is faced with a $2.3 billion dollar shortfall in the current
fiscal year and an estimated $2.2 billion deficit in 2009-2010.
The Governor’s
budget is merely a proposal from which the General Assembly will hold hearings,
solicit input from members, interest groups and citizens, assemble the final
package and ideally enact the budget by the end of the fiscal year-June 30.
House and Senate Appropriations Committee hearings begin February 17.
Bill
Introductions:
·
HB 118 Amends the Local Option Small Games of Chance Act further providing for
the definition of “daily drawing” by adding that nothing in the definition
restricts an eligible organization from conducting more than one drawing per
day; increasing the maximum individual prize limit to $1,000, the maximum weekly
limit to $20,000, the maximum raffle award to $1,000, and adding a maximum of
$5,000 for progressive games; authorizing insured games; further providing for
limited sales, for recordkeeping by requiring certain reports to the department,
for eligible organizations’ use of locations for conducting small games of
chance, for separate individual prize limitations, for enforcement and for
advertising. The licensing fee to conduct games of chance is increased to $300
per organization, or $30 for limited occasion licenses. License would be renewed
biennially. The legislation also outlines guidelines for supplemental materials
to accompany an application, including financial reports and background checks.
·
HB 160 The Emergency Service Organization Direct Reimbursement Act states that
an insurer that approves a claim that includes the expense charged by an
emergency service organization would make payment of the claim directly to the
emergency service organization, unless the person who filed the claim
demonstrates to the insurer that he or someone on his behalf already paid the
expense.
·
SB 121 The Fire Protection Standards Act requires mattresses and
box springs manufactured for sale in PA to be fire retardant. The Department of
Labor and Industry shall adopt regulations no later than January 1, 2010,
requiring that fire retardant mattresses and box springs meet a resistance to
open-flame test that uses a pass or fail performance criteria based on a test
method developed by the department or that is based on ASTM E 1590. All seating
furniture sold or offered for sale by an importer, manufacturer or wholesaler
for use in PA, including any seating furniture sold to or offered for sale for
use in a hotel, motel or other place of public accommodation, and reupholstered
furniture to which filling materials are added shall be fire retardant and would
be labeled as such. A violation of this act shall be deemed a violation of the
Unfair Trade Practices and Consumer Protection Law.
·
SB 129 Amends the Emergency and Law Enforcement Personnel Death
Benefits Act further providing for eligibility for benefits for members of
certain ambulance services or rescue squads by adding that an ambulance service
or rescue squad member working for a hospital would be deemed to be acting in
the performance of his duties while attending, going to or directly returning
from an emergency which the ambulance service or rescue squad attended,
including travel from and direct return to the hospital or other place where the
ambulance service or rescue squad is stationed. This provision shall only apply
to a hospital employee who is directed to respond to an emergency pursuant to an
agreement to provide emergency service coverage for a political subdivision.
·
SB 158 Amends The Insurance Company Law requiring joint payment
when direct payments are made to the insured for services performed by an
emergency service organization. Joint payment is not required if payment is made
under terms of the health insurance policy in the single name of a provider or
emergency service organization or evidence of prepayment to the emergency
service organization is submitted as part of a claim for payment to the insurer.
·
HB 178 Amends the Solicitation of Funds for Charitable Purposes
Act by adding that certain organizations are exempt from the registration
requirements, provided that volunteers, members or an auxiliary or affiliate of
those organizations or associations receive no compensation directly or
indirectly for carrying on organization or association fundraising activities
and further provided that no fundraising activities of such an organization or
association are carried on by a professional solicitor.
·
HB 218 Amends Title 35 (Health and Safety) by stating that PEMA would, in
conjunction with PennDOT and the Pennsylvania State Police, establish,
coordinate and implement an Intelligent Transportation Systems and Operations
Program that incorporates a 24-hour-a-day, 365-days-a-year, real-time program
which would include, but not be limited to, traffic and roadway monitoring,
incident management, traveler information and dissemination, traffic management
and emergency and weather operations. The PA Emergency Management Council would
oversee the implementation of this program and review its operations every
calendar quarter and make yearly recommendations to the General Assembly.
·
HB 243 Amends the Local Option Small Games of Chance Act authorizes Texas
Hold’em tournaments to be conducted by volunteer fire companies up to four times
per calendar year. A special license would be required and would cost $1,000 for
up to four tournaments per year. A fire company may change an entry fee of up to
$100 per person, prizes would be paid out to up to five winners in an amount
based on the entry fees collected. A volunteer fire company may keep up to 60%
of the entry fees collected.
·
HB 251 Amends Tax Reform Code further providing in sales and use tax, further
providing for exemption certificates by adding that an exemption certificate
furnished to a volunteer firemen’s organization shall be considered permanent.
·
HB 257 Amends the Health Maintenance Organization Act providing for submittal of
claims for payment by adding that an ambulance service would have at least 180
days to file a claim for emergency medical services with a health maintenance
organization for reimbursement of services. The terms “ambulance service” and
“emergency medical services” are defined in the “Emergency Medical Services Act.
(back to top)
Week of February 9
There was much
discussion this week regarding the federal stimulus package and how the infusion
of funding may aid in closing the state deficit.
Several
Committee meetings were held to move bills and receive testimony, very little
legislative activity will occur until the conclusion of the Appropriations
Committee budget hearings (which begin next week).
The Legislature
will be in recess until March 9 for budget hearings.
We met with
Representative Tim Solobay to discuss FASP positions, priorities, additional
legislative issues and outreach suggestions. Prepare agenda for meeting with
Jim Mullane 2/24.
Bill
Introductions:
·
HB 325 Amends the Tax Reform Code further providing for
exclusions from sales tax and for exemption certificates. The Volunteer
Firefighters’ Relief Association would be exempted from sales tax under the
bill. Additionally, the bill states that exemption certificates issued to a
volunteer firefighters’ relief association or volunteer firemen’s organization
are to be considered permanent.
·
HB 327 Amends the Local Option Small Games of Chance Act further providing for
the definition of “games of chance” by adding vertical wheel game and adding a
definition of “vertical wheel game”, which is a game in which a participant
places a coin or chip on a color, number or word or purchases a ticket
containing a color, number or word and watches a spinning vertical wheel until
the pointer of the wheel rests on a section of the wheel designating a winner.
(back to top)
February 24
Meeting
(with Jim Mullane)
Jim and I met
to discuss FASP’s legislative strategy, outreach efforts and various
administrative issues in Harrisburg. I relayed the information I have received
through various meetings with members of the General Assembly and staff with
respect to FASP’s legislative Objectives and we developed an action plan.
Legislative
In addition
enactment of the SR 60 Recommendations, the following are FASP’s 2009
Legislative Priorities:
Act 84
Restructuring
We agreed to
seek introduction of a House Resolution that would authorize the Legislative,
Budget and Finance Committee (LB&FC) to conduct a study that would examine the
current formula for relief association funding and make recommendations that
would achieve parity. I cautioned Jim that typically LB&FC studies take at
least a year or two to complete and that we would need to work with Rep. Solobay
to narrow the timeframe permitted for the study’s completion.
Cancer
Presumption
A bill would
need to be re-introduced similar to HB 1768 (2007), which would amend the
Worker’s Compensation Act. I will work with PSEFI to have the bill introduced
and secure final passage.
Tax Credits
I will work
with Senators Lisa Baker, Mike Waugh and John Rafferty on language in the
proposed tax credit package and assist with final passage of the bills. The
primary objective is to secure a funding source and extend/broaden the $100 tax
credit authorized last year.
Sprinkler
Issue
I will work
with the Sprinkler Coalition and various other stakeholders, including Labor,
Insurance Interests, Sprinkler Fitters to mandate all new construction contains
sprinklers.
Other Issues
In addition to
the above stated priorities, FASP will also pursue a municipal tax credit,
similar to what Senator Dinniman introduced last year.
Outreach
Public
Service Announcements (PSA’s)
We discussed
Sandy’s idea of teaming with Comcast to develop PSA’s that would assist in
recruitment and retention of volunteers. I will coordinate a joint meeting with
Rep. Solobay and Comcast.
Legislative
Reception
We discussed in
detail our thoughts about having a small legislative reception to meet with
members of the Veteran’s Affairs and Emergency Preparedness Committee and the
Fire Caucus to thanks them for the work they do on our behalf and explain our
legislative priorities. We agree to select a date and proceed with developing a
budget and planning the event.
Meeting with
the Fire Caucus
It was agreed
that convening all stakeholders for a meeting with the Fire Caucus would be most
helpful. I will secure a couple of dates and coordinate with FASP.
Administrative
·
I will send Jim a
list of key legislators and we will work together to identify their constituents
to fortify our grassroots efforts.
·
I will send a
legislative summary to members of FASP Legislative Committee and Officers on
weeks that the Legislature is in session or as the need arises.
·
Jim will send to
me a list of members including email addresses.
·
I will draft a
legislative summary once a month for posting on the website. Jim will provide
me with the contact information of the Association’s webmaster.
·
We discussed PAC
contributions. I agreed to research regulations and Jim would send me FASP
non-profit designation.
·
We discussed
working cooperatively with PFESI and I agreed to arrange a luncheon meeting.
(back to top)
Week of March 9
During the
Senate Appropriations Committee budget hearing Senator Lisa Baker questioned
Revenue Secretary Steve Stetler about tax credits for volunteer fire and EMS
workers, and requested conformation that it is not in this year's budget.
Secretary Stetler reported it was a one-year tax credit. He added the department
is tracking usage of the fund, though "it is still very early in the process."
Senator Baker observed many volunteers around the state complained of the
"cumbersome" nature of filing for the tax credits. Secretary Stetler remarked
that in part the problem resided in the aging technology used by the department.
Also during the
budget hearing process, excess funding from the gaming revenue for local
enforcement of gambling laws was uncovered and Senator John Rafferty suggested
allocating $10 million of the unspent funds to the Pennsylvania Volunteer Fire
and Emergency Services Retention Program Fund, which could allow for the
continuation of the state income tax credit for fire and emergency services
volunteers that was adopted last year, Act 66 of 2008.
We met with
Senator Rafferty’s staff to discuss the co-sponsorship memo and draft
legislation that would authorize the Pennsylvania Volunteer Fire and Emergency
Services Retention Program Fund, a potential funding source to extend the tax
credit enacted in 2008. Senator Rafferty’s staff agreed to forward a copy of
the legislation when drafted.
We met with
Senate Veteran’s Affairs and Emergency Preparedness Committee Executive Director
Lee Ann Labecki this week to discuss FASP’s legislative initiatives and
direction of the Committee this session. Lee Ann reported that the Senate
intends to offer three tax credit bills in the near term: 1) Personal Income Tax
Credit; 2) Employer Income Tax Credit; 3) Education Tax Credit.
They are
looking at several potential revenue sources for funding these credits: 1) A
fireworks safety fee (2-7% public safety fee on consumer fireworks , licensed
firework dealers, could generate up to $3.5 million); 2) Tax check off; 3)
Excess funds from the gaming fund.
We also discuss
the introduction of SB 303 (Volunteer Emergency Services Partnership Grant
Program and authorizes it for a period of five years for the purpose of
providing incentives to encourage volunteer emergency service organizations to
consolidate, merge or form partnerships) and possibly getting a group of
stakeholders together to settle the differences and seek final passage of the
bill.
The House
Veteran’s Affairs and Emergency Preparedness Committee met this week to discuss
and unanimously reported the following bills:
·
HB 718 (Melio)
Amends the
Public Safety Emergency Telephone Act, providing that the wireless E-911
surcharge fee shall terminate on June 30, 2014.
·
HB 468 (Melio) Amends Titles 35 (Health and
Safety) and 75 (Vehicles) updating the Emergency Services Act to create a more
coordinated and adaptive system and reduce duplication of service. Also
implements the EMS Scope of Practice used by the National Association of State
EMS Officials.
Bills
Introduced:
·
HB 436 Amends the Solicitation of Funds for Charitable Purposes Act exempting
youth athletic organizations and organizations of volunteer firemen from the
requirements of the act, provided that all fundraising is performed by
uncompensated volunteers.
·
HB 468 Amends Titles 35 (Health and Safety) and 75 (Vehicles) updating the
Emergency Services Act to create a more coordinated and adaptive system and
reduce duplication of service. Also implements the EMS Scope of Practice used by
the National Association of State EMS Officials.
·
HB 469 The Emergency Services Provider Reimbursement Act provides for
reimbursement to certain emergency services providers of the cost of responding
to a request for emergency services on certain State-owned lands. Provides DCNR
shall pay to an emergency services provider $225 for each time that the
department requests emergency services on State-owned land from the emergency
services provider and the emergency services provider responds to the request.
·
HB 497 The Municipal Fire and Emergency Services Organization Grant Act
establishes the Municipal Fire and Emergency Services Organization Grant
Program, under which grants shall be provided to improve and enhance the
capabilities of municipal fire and emergency services organizations to provide
firefighting, ambulance and rescue services. Grants shall be $10,000 to
$1,000,000 per municipal fire and emergency services organization. To receive
grant funds under this program, a municipal fire and emergency services
organization must have actively responded to one or more fire or rescue
emergencies since July 1, 2007, and must sign an agreement to actively
participate in the Pennsylvania Fire Information Reporting System. $8,000,000 of
the amount appropriated to the agency for the Municipal Fire and Emergency
Services Organization Grant Program would be expended for the purpose of making
grants to eligible municipal fire and emergency services organizations. No
moneys may be used for expenses or costs incurred by PEMA for the administration
of the grant program. The program would expire June 30, 2010.
·
HB 532 Amends Title 18 (Crimes & Offenses), in other offenses, establishing a
summary offense for using a wireless communications device use while dispensing
liquid fuels. The legislation provides for public notice, duties of the state
fire commissioner and definitions.
·
SB 211
Amends the Local Option Small Games of Chance Act
further providing for definitions; increases individual prize limits from $500
to $1,000; increases weekly limit from $5,000 to $20,000; authorizes progressive
games with a maximum cash value of $5,000; allows a licensed eligible
organization to sell the raffle tickets of another licensed eligible
organization; allows more than one organization to use the same location;
increases license fee for an organization from $100 to $500; increases license
fee for limited occasion licenses from $10 to $30 and changes the license
renewal from annually to biannually; requires an annual financial report limited
to the operation of games of chance detailing gross profit and background check
in the application process; and sets advertising regulations.
·
SB 212 Amends the Bingo Law by providing that the license fee to be charged to
each nonprofit association would be changed from $100 per year to $300 for a
two-year period except to those recognized senior citizens’ groups who conduct
bingo for their members, for whom the fee would be changed from $50 per year to
$150 for a two-year period. The license fee to be charged to each agricultural
association or county fair would be changed from $100 per year to $300 for a
two-year period. Prizes awarded would not exceed a value of $250 for any one
game of bingo, except as follows: (1) jackpot games, which would not exceed a
value of $2,000 for one such game, (2) no more than $8,000 in prizes would be
awarded in any calendar day, and (3) winner-takes-all games, which would pay out
100% of the gross revenues generated from the bingo game. More than one
association may lease the same premises for the conducting of bingo and each
association would have its own license. The bill further provides for a
definition of a financial report and reporting requirements for the Department
of Revenue.
·
SB 240
Amends Titles 35 (Health & Safety) and 71
(Vehicles) establishing the Emergency Medical Services System Act, which
requires the Department of Health to plan, guide and coordinate programs on the
matters to promote effective and efficient operation of Statewide and regional
EMS systems. The bill establishes a State Advisory Board to advise the
department concerning manpower and training, communications, EMS agencies,
content of regulations, standards and policies promulgated by the department
under this chapter and other subjects deemed appropriate by the department. The
bill also establishes regional emergency medical services councils, and outlines
the department’s responsibilities in developing a Statewide EMS system plan. The
bill also establishes guidelines concerning emergency medical responders,
emergency medical technicians, paramedics, prehospital registered nurses,
prehospital physician extenders, prehospital emergency medical services
physicians, emergency medical services instructors, Medical director of
emergency medical services agency, Medical command physicians and facility
medical directors. The bill offers rules governing dispatching, advanced life
support ambulances, other vehicles, and provides sanctioning and rules regarding
violations.
·
SB 245 Amends the Tax Reform Code, in sales and use tax, excluding the sale at
retail or use of fire prevention and safety equipment from taxation.
·
SB 270
Amends the Second Class City Firemen Relief Law
further providing for requirements of membership, for married persons and
pensions to surviving spouses and for eligibility of surviving spouses. Under
the bill, a surviving spouse may remarry and still collect payments under the
“Workers’ Compensation Act”.
·
SB 303 The Volunteer Emergency Service Partnership Grant Program Act establishes
the Volunteer Emergency Services Partnership Grant Program and authorizes it for
a period of five years for the purpose of providing incentives to encourage
volunteer emergency service organizations to consolidate, merge or form
partnerships, where appropriate, for the purpose of providing emergency services
in a more effective and efficient manner. The bill outlines rules governing
eligibility, administration and timeline for the program.
·
HB 615
Amends the Tax Reform Code further defining
“installment sales method of reporting” to mean the method by which a taxpayer
reports the gain upon the sale of property when the sale of such property
qualifies for treatment as an installment sale as defined under the Internal
Revenue Code. Also, a transfer between a municipality and a volunteer fire
company is excluded from requirements to pay realty transfer tax.
·
HB 622 Amends the Local Option Small Games of Chance Act by renaming the Act the
“Local Option Small Games of Chance and Poker Tournament Act”, and providing for
poker tournaments under the act. Every eligible organization to which a license
has been issued under this act may conduct poker tournaments for the purpose of
raising funds for public interest purposes. An eligible organization may charge
a person wishing to participate in a poker tournament an entry fee of no more
than $100, a person participating in a poker tournament may bet no more than $5
per bet and the total raises per hand may not exceed five, among other
requirements.
·
HB 634 The Volunteer First Responder Loan Forgiveness Act establishes the
Volunteer First Responder Loan Forgiveness Program for the purpose of providing
payments by the PA Higher Education Assistance Agency of a portion of a loan
under the agency administered Federal Family Education Loan Program, including a
Stafford or Consolidation loan, to eligible applicants, provided that the loan
is for the education of the volunteer first responder and is owned, serviced or
guaranteed by the agency. The bill provides for the powers and duties of PHEAA,
the State Fire Commissioner, and the Director of the Emergency Medical Services
Office of the Department of Health.
·
HB 682 Amends the Tax Reform Code excluding the sale of tangible personal
property by volunteer fire companies from the sales and use tax.
·
HB 169 Amends Local Option Small Games of Chance Act increasing prize limits;
providing guidelines for the proceeds of games of chance; requiring a maximum of
$50,000 in cash or merchandise may be awarded in any calendar month for monthly
drawings; and requiring a licensed distributor to pay a 1% surcharge on the
amount of all games sales, to be paid directly to the General Fund.
·
HB 718 Amends the Public Safety Emergency Telephone Act, providing that the
wireless E-911 surcharge fee shall terminate on June 30, 2014.
·
HB 725 Amends Emergency Medical Services Act removing the definition of
“emergency medical services” and provides for the definition of “emergency
medical services agency” which is defined as an entity that engages in the
business or service of providing emergency medical services to patients by
operating an of the following: (1) an ambulance; (2) an advance life support
squad vehicle; (3) a basic life support squad vehicle; (4) a quick response
service; (5) a special operations EMS service that includes but is not limited
for a tactical EMS service, a wilderness EMS service, a mass-gathering EMS
service, an urban search and rescue EMS service, and a bike medic; and (6) a
vehicle or service with provides emergency medical services outside of a health
care facility as prescribed by Department of Health by regulation.
·
HB 810
Amends the Volunteer Firefighters’ Relief
Association Act by adding that funds of any volunteer firefighters’ relief
association may be spent to pay reasonable expenses actually and necessarily
incurred for attending bona fide emergency medical technician or paramedic
training schools.
·
HB 867 Amends The Insurance Company Law prohibiting
discrimination against volunteer ambulance services by requiring an insurer to
contract with and to accept as a participating provider any willing provider of
volunteer ambulance services. An insurer may not discriminate against a provider
of volunteer ambulance services who agrees to accept negotiated payment levels
and to adhere to quality standards established by the insurer. The bill provides
for standards that shall apply.
·
HB 895 Amends the Tax Reform Code further providing for
exclusions from sales tax by adding that the exclusion for a charitable
organization, volunteer firemen’s organization or nonprofit educational
institution, or a religious organization for religious purposes would apply with
respect to any tangible personal property or services used in any unrelated
trade or business carried on by such organization or institution or with respect
to any materials, supplies and equipment used and transferred to such
organization or institution in the construction, reconstruction, remodeling,
renovation, repairs and maintenance of any real estate structure, other than
building machinery and equipment, except materials and supplies when purchased
by such organizations or institutions for routine maintenance and repairs
if the organization or institution is a charitable
organization in the trade or business of construction, reconstruction,
remodeling or renovation of any real estate structure.
·
SB 597 The Municipal Volunteer Emergency Responder Incentive Act authorizes
municipalities to enact a tax credit against an active emergency responder’s
earned income tax liability as a financial incentive. The bill provides that a
municipality that levies an earned income tax may establish a tax credit against
an individual’s earned income tax liability for active service as an emergency
responder, with a maximum of $400 per individual, and also requires that within
90 days, the commissioner shall establish a volunteer fire service credit
program that establishes the annual requirements for the designation of a
volunteer firefighter as in active service at a volunteer fire company. Further,
the bill requires the Department of Health, in consultation with the Board of
Directors of the Pennsylvania Emergency Health Services Council, shall establish
a volunteer emergency medical services service credit program that establishes
the annual requirements for the designation of a volunteer emergency medical
services provider in active service at an emergency medical services
organization. The bill lays out rules for claims, reporting, logs,
certification, and for regulations.
·
HB 664 Amends the
Workers' Compensation Act further defining "employe" as individuals who have
completed the Community Emergency Response Team program as outlined by the
Federal Emergency Management Agency; are authorized in writing by a county or
municipality to assist first responders in disaster assistance; are acting
voluntarily in the capacity of assisting first responders in an emergency or
disaster; are properly dispatched by the municipality or county to be acting in
capacity of assisting first responders; are injured while actively engaged in
assisting first responders or going to or from the emergency or disaster; and
have written acknowledgments, in advance of injury, from the county or
municipality stating that the county or municipality opts to cover the
individuals under this act and assumes liability for the individuals.
(back to top)
Luncheon Meeting March 13
(with
PFESI)
I met with Tom
Savage and Don Konkle for lunch and we discuss FASP’s legislative strategy, the
mission of PFESI and ways in which we might work together going forward. I
reviewed with Tom and Don our legislative priorities and they provided me with
some much needed background on the work already completed (or in process) on the
cancer presumption and sprinkler issues as well as their thoughts on ways to
approach the Act 84 restructuring.
Week of March
16
The Senate Veteran’s Affairs and
Emergency Preparedness Committee met and unanimously reported the following
bills:
·
SB 162 (Tomlinson)
Amends Title 62 (Procurement) adding a chapter related to veteran-owned
businesses, outlining a goal of 5% participation by veteran-owned businesses for
all agencies authorized by law to enter into contracts for itself or as the
agent of another Commonwealth agency.
·
SB 240 (Baker)
Amends Titles 35 (Health & Safety) and 71
(Vehicles) establishing the Emergency Medical Services System Act, which
requires the Department of Health to plan, guide and coordinate programs on the
matters to promote effective and efficient operation of Statewide and regional
EMS systems.
Amendment A00365 was offered
by Baker, which strikes out “medical director”
and inserts “council” and strikes out “transportation” and inserts “transport”.
The amendment was unanimously adopted.
·
SB 48 (Greenleaf
)Amends the PA Election Code requiring the county
boards to make available timely results from elections and primaries through a
website that is updated as election returns are received in the office of the
county boards of elections after the polls close.
The House Labor
Relations Committee met to discuss and reported as committed:
·
HB
664 DiGirolamo
Amends the
Workers’ Compensation Act further defining “employe” as individuals who have
completed the Community Emergency Response Team program as outlined by the
Federal Emergency Management Agency; are authorized in writing by a county or
municipality to assist first responders in disaster assistance; are acting
voluntarily in the capacity of assisting first responders in an emergency or
disaster; are properly dispatched by the municipality or county to be acting in
capacity of assisting first responders; are injured while actively engaged in
assisting first responders or going to or from the emergency or disaster; and
have written acknowledgments, in advance of injury, from the county or
municipality stating that the county or municipality opts to cover the
individuals under this act and assumes liability for the individuals.
Bills
Introduced:
·
SB 639 Amends the Tax Reform Code further providing for exclusions from sales
tax and for exemption certificates. The Volunteer Firefighters’ Relief
Association would be exempted from sales tax under the bill. Additionally, the
bill states that exemption certificates issued to a volunteer firefighters’
relief association or volunteer firemen’s organization are to be considered
permanent.
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Week of March 23
On Monday, the
House passed HB
468 Melio
(PN 1156) Amends Titles 35 (Health and Safety) and 75 (Vehicles) updating the
Emergency Services Act to create a more coordinated and adaptive system and
reduce duplication of service. Also implements the EMS Scope of Practice used by
the National Association of State EMS Officials and HB 718 Melio (PN 797) Amends
the Public Safety Emergency Telephone Act, providing that the wireless E-911
surcharge fee shall terminate on June 30, 2014.
Bills
Introduced:
·
SB 682 The Emergency Service Organization Direct Reimbursement Act states that
an insurer that approves a claim that includes the expense charged by an
emergency service organization shall make payment of the claim directly to the
emergency service organization, unless the person who filed the claim
demonstrates to the insurer that the expense has already been paid.
·
HB 1097 The Municipal Government Emergency Services Reimbursement Act requires a
person involved in an emergency situation, incident or event that necessitates a
response from a municipal or volunteer emergency services organization to pay
for the real and reasonable response costs incurred in the response unless the
person: (1) has paid to the municipality wherein the municipal or volunteer
emergency services organization is located a tax that funds at least in part the
municipal or volunteer emergency services; or (2) has made a monetary
contribution to an annual fund drive of the municipal or volunteer emergency
organization recognized by the resident’s municipality within the preceding 12
months from the date of the situation that necessitates a response. The
legislation provides for establishment of reimbursement procedures and
penalties.
·
HB 1103 Amends Title 66 (Public Utilities) expanding Section 1511 to include
natural gas and telecommunication service as utilities that upon application, a
volunteer fire company, a nonprofit rescue squad or ambulance service or a
nonprofit senior citizen center may elect to have service rendered pursuant to a
rate schedule which provides equivalent charges for the service as residential
rates upon execution of a contract for a minimum term of one year.
·
HB 1115 Amends the Bingo Law further providing for various definitions including
“bingo,” “bingo session,” and “bingo supplies,” outlining rules for licensing
and the operation of bingo games, and providing for progressive jackpots and
revocation of licenses.
·
SB 694 The Municipal Fire and Emergency Services Organization
Grant Act establishes the Municipal Fire and Emergency Services Organization
Grant Program, to be administered by PEMA for the purpose of providing grants to
improve and enhance the capabilities of municipal fire and emergency services
organizations to provide firefighting, ambulance and rescue services. The bill
requires PEMA to develop guidelines, procedures and all applications necessary
to implement the program, and outlines rules governing the awarding of grants.
$5 million is appropriated to the program for grants. The bill also provides for
program limitations.
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Week of March 30
We met with
Senator Don White’s Chief of staff regarding the introduction of SB 303
(establishes the Volunteer Emergency Services Partnership Grant Program and
authorizes it for a period of five years for the purpose of providing incentives
to encourage volunteer emergency service organizations to consolidate, merge or
form partnerships), issues regarding constitutionality raised last year and
possibility of scheduling a meeting with “stakeholders” to resolve differences
so that the bill can be passed by both Houses and signed by the Governor.
I also met with Senator Sean Logan
and Senator Mike Waugh, Senate Fire Caucus Chairmen to discuss legislative
issues and participation in a Fire Caucus meeting and possible legislative
reception.
The House
passed HB 664 (Amends
the Workers’ Compensation Act further defining “employe” as individuals who have
completed the Community Emergency Response Team program as outlined by the
Federal Emergency Management Agency; are authorized in writing by a county or
municipality to assist first responders in disaster assistance; are acting
voluntarily in the capacity of assisting first responders in an emergency or
disaster; are properly dispatched by the municipality or county to be acting in
capacity of assisting first responders; are injured while actively engaged in
assisting first responders or going to or from the emergency or disaster; and
have written acknowledgments, in advance of injury, from the county or
municipality stating that the county or municipality opts to cover the
individuals under this act and assumes liability for the individuals.)
The Senate
Finance Committee held a meeting and reported the following bills:
·
SB
211 Folmer
- (PN 217)
Amends the Local Option Small Games of Chance Act further providing for
definitions; increases individual prize limits from $500 to $1,000; increases
weekly limit from $5,000 to $20,000; authorizes progressive games with a maximum
cash value of $5,000; allows a licensed eligible organization to sell the raffle
tickets of another licensed eligible organization; allows more than one
organization to use the same location; increases license fee for an organization
from $100 to $500; increases license fee for limited occasion licenses from $10
to $30 and changes the license renewal from annually to biannually; requires an
annual financial report limited to the operation of games of chance detailing
gross profit and background check in the application process; and sets
advertising regulations.
Amendment
A00605 was offered
by Senator
Vance, removes biennial license provisions while retaining the annual license
under current law; removes proposed fee schedule for biennial licenses and
retains fees under current law; makes several clarifications pertaining to
organizations conducting games of chance: requires organizations to keep
proceeds from games of chance separate from other funds, clarifies requirements
for submitting annual financial reports and for completion of education for
conducting games of chance; requires the person responsible to verify the
necessary requirements have been met; and changes applicability of provisions
relating to annual financial reports and education requirements. The amendment
was unanimously adopted without discussion.
·
SB
212 Orie
- (PN 218)
Amends the Bingo Law by providing that the license fee to be charged to each
nonprofit association would be changed from $100 per year to $300 for a two-year
period except to those recognized senior citizens’ groups who conduct bingo for
their members, for whom the fee would be changed from $50 per year to $150 for a
two-year period. The license fee to be charged to each agricultural association
or county fair would be changed from $100 per year to $300 for a two-year
period. Prizes awarded would not exceed a value of $250 for any one game of
bingo, except as follows: (1) jackpot games, which would not exceed a value of
$2,000 for one such game, (2) no more than $8,000 in prizes would be awarded in
any calendar day, and (3) winner-takes-all games, which would pay out 100% of
the gross revenues generated from the bingo game. More than one association may
lease the same premises for the conducting of bingo and each association would
have its own license. The bill further provides for a definition of a financial
report and reporting requirements for the Department of Revenue. - The bill was
unanimously reported as amended without discussion.
Amendment A00575
by offered by
Senator Orie, removes biennial license provisions while retaining the annual
license under current law; removes proposed fee schedule for biennial licenses
and retains fees under current law; makes several clarifications pertaining to
bingo associations: records of prizes, submission of annual financial reports
for bingo, requirements for completion of bingo games education; and changes
applicability of provisions relating to annual financial reports and education
requirements. Stacy Connors, Executive Director of the Committee, explained this
amendment basically conforms what was just done to amend SB 211. The amendment
was unanimously adopted without discussion.
Bills Introduced:
·
HB 1142 Amends the Volunteer Fire Company & Volunteer Ambulance Service Grant
Act expanding the scope of the grant program beyond volunteer fire companies and
ambulance services to include all such companies and services; further providing
for definitions, for the Volunteer Fire Company Grant Program by increasing
grant amounts to $7,500-$50,000, for the Volunteer Ambulance Service Grant
Program and for allocation of appropriated funds; and repealing provisions
relating to expiration of authority.
·
HB 1143 Amends the Fiscal Code further providing for the State Gaming Fund
increasing the annual transfers for Volunteer Fire Company and Volunteer
Ambulance Service Grant Act to $75,000,000. $66,000,000 shall be expended for
the purpose of making grants to eligible fire companies; $9,000,000 shall be
expended for the purpose of making grants to eligible ambulance services.
·
HR 209 Resolution directing the Legislative Budget and Finance Committee to
examine the equity of the current formula for funding volunteer firefighters’
relief associations.
·
HB 1146 Amends the “Clean Indoor Air Act” providing an exception for fundraising
activity by a volunteer fire company occurring on real estate owned by the
volunteer fire company.
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Week of April 20
The PA Uniform
Construction Code Advisory Board met yesterday and formally recommended
sprinkler systems be required in new homes and townhouses starting in 2011.
I have meetings
scheduled next week with Representative Tim Solobay and Representative Keith
Gillespie, House Fire Caucus Chairmen.
I will work
this week to follow-up on the outstanding items from or meetings with Jim
Mullane and PFESI.
Bills
Introduced:
·
SB 773 Amends the Tax Reform Code establishing a tax credit for employers of
volunteer firefighters and emergency medical services workers. An employer would
be eligible if it employs an active volunteer, implements a policy that permits
an active volunteer to be absent from work, without penalty, for the purpose of
responding to a duty call, and the volunteer provides the taxpayer with a
statement from the supervisor or chief stating that the volunteer responded to a
duty call. The credit would be $1,000 per volunteer employed; up to $5,000 in a
tax year. The Department of Revenue would annually report to the General
Assembly on the tax credit.
·
SB 775 Amends the Fireworks Law providing a 25% sales tax on consumer fireworks;
requiring 75% of the money collected to be remitted to the Volunteer Fire and
Emergency Services Retention Program Fund. The remaining 25% shall be remitted
to the county treasurer which will distribute it to the fire department that has
jurisdiction over the facility that sold the fireworks.
·
HB 1256 Amends the Administrative Code, in Department of Community and Economic
Development, further providing for powers and duties in general by adding that
in any case in which an economic and community development program funded by the
Commonwealth, is established for, or gives priority to joint applications from,
two or more volunteer fire departments, a volunteer fire department that has
been formed in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
intergovernmental cooperation) shall, after the consolidation or merger, qualify
to be given the priority for the economic and community development program in
the same manner as if the application had been made jointly by the two or more
volunteer fire departments that had merged or consolidated.
·
HB 169 Amends Local Option Small Games of Chance Act increasing prize limits;
providing guidelines for the proceeds of games of chance; requiring a maximum of
$50,000 in cash or merchandise may be awarded in any calendar month for monthly
drawings; and requiring a licensed distributor to pay a 1% surcharge on the
amount of all games sales, to be paid directly to the General Fund.
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