North Carolina § 58-87-5 - Volunteer Rescue/EMS Fund.

§ 58-87-5. Volunteer Rescue/EMS Fund.

There is created in the Department of Insurance the Volunteer Rescue/EMS Fund to provide grants to volunteer rescue units, rescue/EMS units, EMS units that are volunteer fire departments that are a part of a county's EMS system plan, and EMS units providing rescue or rescue and emergency medical services to purchase equipment and make capital improvements. An eligible 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 North Carolina Association of Rescue and Emergency Medical Services, Inc., shall provide the Department with an advisory priority listing for rescue equipment eligible for funding, and the Department of Health and Human Services 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. On December 15, or on the first business day after December 15 if December 15 falls on a weekend or a holiday, of each year, the Department shall make grants to eligible units subject to all of the following limitations: A grant to an applicant who is required to match the grant with non-State funds may not exceed twenty-five thousand dollars ($25,000), and a grant to an applicant who is not required to match the grant with non-State funds may not exceed three thousand dollars ($3,000). An applicant whose liquid assets, when combined with the liquid assets of any corporate affiliate or subsidiary of the applicant, are more than one thousand dollars ($1,000) shall match the grant on a dollar-for-dollar basis with non-State funds. The grant may be used only for equipment purchases or capital expenditures. An applicant may receive no more than one grant per fiscal year. The grant may be used only for purposes related to services that the unit is authorized to provide. A unit is eligible for a grant under this section if it meets all of the following conditions: Repealed by Session Laws 1989 (Regular Session, 1990), c. 1066, s. 33(a). It consists entirely of volunteer members, with the exception that the unit may have paid members to fill the equivalent of 10 full-time paid positions. It has been recognized by the Department as a rescue unit, a rescue/EMS unit, or an EMS unit. It satisfies the eligibility criteria established by the Department under subsection (a) of this section. 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. For the purposes of this section, "emergency medical services" or "EMS" has the same meaning as in G.S. 131E-155(6). Unless otherwise more narrowly specified, an "EMS unit" means either (i) an EMS provider licensed under G.S 131E-155.1 or (ii) a volunteer fire or fire/rescue department that is part of its county's EMS system plan. 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. Report. - The Commissioner must submit a written report to the General Assembly within 60 days after the grants have been made. This report must contain the following: The amount of the grant and the name of the recipient. The Fund balance at the beginning of the grant cycle. Cash receipts through the grant cycle. Cash disbursements through the grant cycle. The Fund balance at the end of the grant cycle. 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. History (1987 (Reg. Sess., 1988), c. 1062, s. 2; 1989, c. 115; c. 534, s. 2; 1989 (Reg. Sess., 1990), c. 1066, s. 33(a); 1991 (Reg. Sess., 1992), c. 943, s. 2; 1995, c. 507, s. 7.21A( l ); 1997-443, s. 11A.20; 1998-212, s. 25(b); 1999-319, s. 2; 2005-283, s. 1; 2014-64, s. 4(c); 2016-78, s. 2.1(b).) Editor's Note. - Session Laws 2016-78, s. 2.3, provides: "The Office of State Fire Marshal, Department of Insurance, shall study, in consultation with the North Carolina State Firemen's Association [North Carolina State Firefighters' Association], the North Carolina Association of Fire Chiefs, the North Carolina Association of Rescue and Emergency Medical Services, the North Carolina League of Municipalities, and the North Carolina Association of County Commissioners, and make recommendations regarding the issue of declining recruitment and retention of volunteer firefighters in North Carolina to the General Assembly on or before the convening of the 2018 Legislative Session. The recommendations shall include at least the following: "(1) Assessment of existing programs, initiatives, and efforts to increase the number of volunteer firefighters protecting their communities across the State. "(2) Assessment of other states' programs, initiatives, and efforts to increase the number of volunteer firefighters protecting their communities. "(3) Consideration of financial incentive programs that may be offered to encourage increased volunteer firefighter participation rates, including tax incentives, rebates, or other initiatives. "(4) The impact of current programs and viability of expansion of high school based programs providing firefighter training statewide. "(5) Other issues, initiatives, or matters deemed relevant to consideration of and action on this issue by the Office of State Fire Marshall and its collaborators. "(6) Recommendations for legislative action, if any, to address the issue of recruitment and retention of volunteer firefighters statewide." Effect of Amendments. - Session Laws 2005-283, s. 1, effective October 1, 2005, added the fourth sentence in subsection (a); substituted "twenty-five thousand dollars ($25,000)" for "fifteen thousand dollars ($15,000)" in subdivision (a)(1); substituted "purchases" for "purchases, payment of highway use taxes on those purchases" in subdivision (a)(3); substituted "rescue, emergency medical services" for "rescue" in subsection (b); substituted "10" for "three" in subdivision (b)(2); in subdivision (b)(3), substituted "rescue, emergency medical services" for "rescue," and added the last two sentences; and made a minor stylistic change. Session Laws 2014-64, s. 4(c), effective July 1, 2014, in subsection (a), in the introductory language, inserted "units, rescue/EMS units, and EMS units" in the first sentence, deleted "rescue or rescue/EMS" following "An eligible" in the second sentence, and inserted "or on the first business day after December 15 if December 15 falls on a weekend or a holiday," and deleted "rescue or rescue/EMS" following "grants to eligible" in the last sentence, added subdivision (a)(5), and inserted the language beginning "subject to the following priority order:" in the first sentence of the last paragraph; in subsection (b), deleted "rescue, emergency medical services, or rescue/EMS"' preceding "unit"' in the introductory language, and rewrote subdivision (b)(3); and added subsections (d) and (e). Session Laws 2016-78, s. 2.1(b), effective June 30, 2016, inserted "EMS units that are volunteer fire departments that are a part of a county's EMS system plan" in the first sentence of subsection (a); and deleted "subject to the following priority order: (i) rescue units, (ii) rescue/EMS units, (iii) EMS units that are licensed as EMS providers under G.S 131E-155.1, and, finally, (iv) EMS units that are volunteer fire departments that are a part of a county's EMS system plan" at the end of the second sentence in the undesignated paragraph following subdivision (a)(5).