AN ACT

 

1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, providing for discontinuation of
3volunteer emergency services.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 35 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 7505. Discontinuation of volunteer emergency services.

9(a) General rule.--A municipality shall not discontinue the
10services of a volunteer fire company or volunteer ambulance
11service authorized by the municipality to operate within the
12municipality except in accordance with this section.

13(b) Notice of intent to discontinue.--The governing body of
14the municipality shall publish in a newspaper of general
15circulation once a week for two successive weeks a notice of
16intent to discontinue the services of a volunteer fire company
17or volunteer ambulance service. The notice shall contain the

1name and address of the volunteer fire company or volunteer
2ambulance service proposed to be discontinued and the date, time
3and location of the special public meeting as provided in
4subsection (c). On the date of first publication, the notice
5shall be posted at the principal office of the municipality and
6mailed to the governing body of each adjoining municipality and
7the presiding officers of all emergency service providers
8operating within the municipality or within adjoining
9municipalities.

10(c) Special public meeting.--No later than 30 days after the
11second publication as provided in subsection (b), the governing
12body of the municipality shall commence a special public meeting
13devoted solely to discussion of the discontinuation. The public
14shall have an opportunity to comment during the meeting in
15accordance with 65 Pa.C.S. § 710.1 (relating to public
16participation). Notwithstanding any other provision of law,
17representatives of emergency service organizations shall be
18entitled to address the governing body at the meeting. The
19meeting shall be continued and reconvened if necessary to permit
20comment in accordance with this subsection, provided that in no
21event shall the special meeting be concluded later than 30 days
22after commencement.

23(d) Vote on discontinuation.--No later than 30 days after
24the conclusion of the special public meeting as provided in
25subsection (c), the governing body shall vote on the issue of
26discontinuation at a public meeting. If the procedures of the
27municipality or any law require additional administrative action
28or the enactment, amendment or repeal of an ordinance or
29resolution to effectuate the discontinuation, the procedures or
30action may be initiated after, or in a manner to coincide with,

1the vote, and the required additional action shall be undertaken
2in conformity with the vote. The discontinuation shall occur no
3sooner than 180 days after the vote as provided in this
4subsection or the effective date of any required additional
5action, whichever shall occur later, unless the discontinued
6volunteer fire company or volunteer ambulance service agrees in
7writing to a modification of the date specified.

8(e) Limitation on applicability of section.--Except as
9otherwise provided, nothing in this section shall be construed
10to affect the powers and duties of municipalities to provide for
11emergency services or emergency management in accordance with
12this title or any other law, including the power to authorize an
13emergency service provider formerly discontinued in accordance
14with this section to operate within the municipality.

15(f) Definitions.--As used in this section, the following
16words and phrases shall have the meanings given to them in this
17subsection unless the context clearly indicates otherwise:

18"Discontinuation." The prohibition by a municipality of a
19volunteer fire department or volunteer ambulance service from
20providing emergency services in any part of the municipality.

21"Emergency service organization." The Pennsylvania
22Department of Health, a county communications center, the county
23volunteer fire fighter's association, the county fire chief's
24association, regional emergency medical services council, any
25adjoining municipal governing body and any municipal or
26volunteer fire, rescue, ambulance or other emergency service
27organization operating within, or immediately adjacent to, the
28municipality considering discontinuation.

29"Municipality." Any city, borough, incorporated town,
30township or a home rule municipality which was formerly a city,

1borough, incorporated town or township.

2Section 2. This act shall take effect in 60 days.