GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 2312
Committee Substitute Favorable 6/20/90

Short Title:  Rescue Unit Fund Changes.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  
─────────────────────────────────────── 

June 5, 1990

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE NUMBER OF ELIGIBLE RESCUE AND RESCUE/EMS UNITS FOR EQUIPMENT AND CAPITAL IMPROVEMENT GRANTS; TO PROVIDE ADDITIONAL STAFF AND RESOURCES FOR THE NORTH CAROLINA FIRE AND RESCUE COMMISSION; TO PROVIDE MORE REVENUE FOR THE STATE HIGHWAY FUND; AND TO AMEND THE RESCUE SQUAD WORKERS' RELIEF FUND LAW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 58-87-5 reads as rewritten:
"§ 58-87-5.  Volunteer Rescue/EMS Fund.
(a)	There is created in the Department of Insurance the Volunteer Rescue/EMS Fund to provide matching grants to volunteer rescue units providing rescue or rescue and emergency medical services to purchase equipment and make capital improvements.  An eligible rescue or rescue/EMS unit may apply to the Department of Insurance for a grant under this section.  The application form and criteria for grants shall be established by the Department.  The Office of Emergency Medical Services in the Department of Human Resources shall provide the Department with an advisory priority listing of EMS equipment eligible for funding.  The State Treasurer shall invest the Fund's assets according to law, and the earnings shall remain in the Fund.  Beginning December 15, 1989, and on each December 15 thereafter, the Department shall make grants to eligible rescue or rescue/EMS units subject to the following limitations:
(1)	The size of a grant may not exceed fifteen thousand dollars ($15,000);
(2)	The applicant shall match the grant on a dollar-for-dollar basis with non-State funds;
(3)	The grant may be used only for equipment purchases or capital expenditures; and
(4)	An applicant may receive no more than one grant per fiscal year.
In awarding grants under this section, the Department shall to the extent possible select applicants from all parts of the State based upon need.  Up to two percent (2%) of the Fund may be used for additional staff and resources to administer the Fund in each fiscal year.  In addition, notwithstanding G.S. 58-78-20, up to four percent (4%) of the Fund may be used for additional staff and resources for the North Carolina Fire and Rescue Commission.
(b)	A rescue or rescue/EMS unit is eligible for a grant under this section if:
	(2)	It is all volunteer, except that the rescue or rescue/EMS unit may have paid members, not to exceed two positions, either full-time or part-time; and
(3)	It has been recognized by the Department as an organization that provides rescue or rescue and emergency medical services; and
(4)	It satisfies the eligibility criteria established by the Department under subsection (a) of this section.
(c)	For the purpose of this section and Article 88 of this Chapter, ‘rescue' means the removal of individuals facing external, nonmedical, and nonpatient related peril to areas of relative safety.  A ‘rescue unit' or ‘rescue squad' means a group of individuals who are not necessarily trained in emergency medical services, fire fighting, or law enforcement, but who expose themselves to an external, nonmedical, and nonpatient related peril to effect the removal of individuals facing the same type of peril to areas of relative safety.  The unit or squad must comply with existing State statutes and with eligibility criteria established by the North Carolina Association of Rescue and Emergency Medical Services, Inc."
Sec. 2.  G.S. 20-183.7(c) reads as rewritten:
"(c)	Fees collected for inspection certificates shall be paid to the Division of Motor Vehicles in accordance with its regulations and shall be periodically transferred as follows:
(1)	After making the transfer provided in subdivision (3) of this subsection, seventy-seven cents (77¢) of the fee for the valid inspection certificate collected pursuant to subsection (a) shall be transferred to the Highway Fund, and the remaining moneys shall be transferred to the Department of Insurance for the Volunteer Rescue/EMS Fund created in G.S. 58-87-5.
(2)	After making the transfer provided in subdivision (3) of this subsection, the fee collected pursuant to subsection (a1) shall be transferred as follows:  the first thirty-five cents (35¢) to the Division of Environmental Management; the next eighteen cents (18¢) to the Department of Insurance for the Volunteer Rescue/EMS Fund created in G.S. 58-87-5; and any excess up to one dollar and eighty-five cents ($1.85) to the Highway Fund.
(3)	Five cents (5¢) of the fee for the valid inspection certificate collected pursuant to subsections (a) and (a1) shall be transferred each quarter of the year to the North Carolina Commissioner of Insurance, for the purpose of funding the Rescue Squad Workers' Relief Fund under Article 88 of General Statute Chapter 58."
Sec. 3.  G.S. 58-88-5(b) reads as rewritten:
	"(b)	The Executive Committee of the Association shall be the Board of Trustees of the Fund.  The Board shall consist of the Commander, Vice-Commander, Secretary-Treasurer, and two past Commanders of the Association.  The Commander shall be the Chairman of the Board.  The Commander, Vice-Commander, and Secretary-Treasurer shall appoint the two past Commanders of the Association, who shall serve at the pleasure of the appointing officers."
Sec. 4.  G.S. 58-88-30 reads as rewritten:
"§ 58-88-30.  Administration costs.
The Association shall withhold eight percent (8%) from the money received pursuant to G.S. 20-183.7(c) (3)  for the administration of the Fund.  The Commissioner of Insurance shall withhold two percent (2%) from the money received pursuant to G.S. 20-183.7(c) (3)  for the administration of the Fund."
Sec. 5.  This act shall become effective July 1, 1990.