PRIOR PRINTER'S NO. 117                       PRINTER'S NO. 1545

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 115 Session of 1975


        INTRODUCED BY MESSRS. A. K. HUTCHINSON, LAUDADIO, MUSTO, MORRIS,
           PETRARCA, KOLTER, DeMEDIO, DOMBROWSKI, ROMANELLI, MISCEVICH,
           MENHORN, BONETTO, YAHNER, KLINGAMAN, KNEPPER, ABRAHAM,
           O'KEEFE, GILLESPIE, W. W. FOSTER, SCHEAFFER, SHUPNIK, MRS.
           GILLETTE, MESSRS. DAVIS, ZWIKL, MANDERINO, SALOOM, FEE, DOYLE,
           LINCOLN, HALVERSON, VALICENTI, WANSACZ, TAYLOR, NOVAK,
           BRADLEY, MILANOVICH,FISCHER, TADDONIO, TURNER, ZELLER,
           CIMINI, LETTERMAN, STOUT, MRKONIC, GREEN AND LAUGHLIN,
           JANUARY 27, 1975

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 2, 1975

                                     AN ACT

     1  Providing for grants or loans to volunteer fire companies for     <--
     2     the purpose of establishing or modernizing facilities that
     3     house fire fighting APPARATUS equipment or purchasing new      <--
     4     fire fighting apparatus, PROTECTIVE AND COMMUNICATIONS         <--
     5     equipment and training; establishing a revolving fund for      <--
     6     such purpose; providing for the administration of the act by
     7     the Department of Community Affairs; and making an
     8     appropriation.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Short Title.--This act shall be known and may be
    12  cited as the "Volunteer Fire Company Assistance Act."
    13     Section 2.  Definitions.--As used in this act:
    14     "Apparatus equipment" means snorkel, pumpers, tankers, ladder
    15  trucks, or AND other large equipment used for fire fighting.      <--
    16     "COMMUNICATIONS EQUIPMENT" MEANS ANY VOICE OR ORIGINAL         <--
    17  TRANSMISSION SYSTEM REQUIRED TO SUPPORT THE OPERATIONS OF THE

     1  VOLUNTEER FIRE COMPANY.
     2     "Department" means the Department of Community Affairs of the
     3  Commonwealth of Pennsylvania.
     4     "Facilities" means facilities used to house fire fighting
     5  APPARATUS equipment and shall not include meeting halls, social   <--
     6  rooms, or any other facilities not directly related to fire
     7  fighting.
     8     "PROTECTIVE EQUIPMENT" MEANS ANY EQUIPMENT USED BY FIRE        <--
     9  FIGHTERS TO PROTECT THEIR PERSON FROM INJURY WHILE PERFORMING
    10  THEIR FUNCTION, INCLUDING BUT NOT LIMITED TO HELMETS, TURNOUT
    11  COATS AND PANTS, BOOTS, EYESHIELDS, GLOVES AND SELF-CONTAINED
    12  RESPIRATORY PROTECTION UNITS.
    13     "Volunteer fire company" means any nonprofit chartered
    14  corporation, association, or organization located in this
    15  Commonwealth which provides fire protection within this
    16  Commonwealth.
    17     "Volunteer Fire Company Grant or Loan Fund" means the fund     <--
    18  established under section 4 of this act.
    19     Section 3.  Assistance to Volunteer Fire Companies.--(a) The
    20  department is hereby authorized, upon application of any
    21  volunteer fire company, to make grants or loans to said           <--
    22  volunteer fire company for the purpose of establishing or         <--
    23  modernizing facilities that house fire fighting apparatus
    24  FOLLOWING PURPOSES:                                               <--
    25     (1)  ESTABLISHING OR MODERNIZING FACILITIES THAT HOUSE FIRE
    26  FIGHTING APPARATUS equipment. At no time shall the grant exceed   <--
    27  50% of the cost incurred nor be in excess of $50,000, whichever
    28  is less, to establish or modernize facilities that house fire
    29  fighting equipment or purchase OR PURCHASING new fire fighting    <--
    30  apparatus equipment. The amount of a loan made to any one
    19750H0115B1545                  - 2 -

     1  volunteer fire company shall not exceed $150,000. 75% OF THE      <--
     2  TOTAL COST.  THE TOTAL LOAN SHALL NOT EXCEED $150,000.
     3     (b)  Prior to approving a grant, the volunteer fire company    <--
     4  must demonstrate to the satisfaction of the department that they
     5  have the financial resources or can obtain the financial
     6  resources for complete payment of establishing or modernizing
     7  facilities that house fire fighting equipment or purchasing new
     8  fire fighting apparatus equipment.
     9     (2)  PURCHASING PROTECTIVE EQUIPMENT AS DEFINED IN THIS ACT.   <--
    10  NO FIRE COMPANY SHALL RECEIVE A GRANT FOR PROTECTIVE EQUIPMENT
    11  MORE THAN ONCE IN ANY FIVE-YEAR PERIOD.
    12     (3)  PURCHASING COMMUNICATIONS EQUIPMENT SUBJECT TO THE
    13  FOLLOWING LIMITATIONS: EACH VOLUNTEER FIRE COMPANY MAY APPLY FOR
    14  ONE MOBILE OR PORTABLE RADIO UNIT PER EXISTING SERVICEABLE
    15  APPARATUS EQUIPMENT AS DEFINED IN SECTION 2. ANY RADIO EQUIPMENT
    16  OBTAINED THROUGH GRANTS OR LOANS UNDER THIS ACT SHALL BE
    17  EQUIPPED WITH A FREQUENCY OR FREQUENCIES LICENSED BY THE FEDERAL
    18  COMMUNICATIONS COMMISSION FOR FIRE FIGHTING PURPOSES.
    19     (c) (B)  Loans made by the department shall be for a period    <--
    20  of not more than 10 years AT AN INTEREST RATE OF 2% PER ANNUM     <--
    21  and shall be subject to such security as shall be determined by
    22  the department.
    23     (d)  Grants and loans (C)  LOANS made by the department shall  <--
    24  be paid from the Volunteer Fire Company Grant and Loan Fund to    <--
    25  the volunteer fire companies in such a manner determined by the   <--
    26  department. IN ACCORDANCE WITH SUCH RULES AND REGULATIONS         <--
    27  PROMULGATED BY THE DEPARTMENT.
    28     (e) (D)  All payments of interest on said loans and the        <--
    29  principal thereof shall be deposited by the department in the
    30  Volunteer Fire Company Grant and Loan Fund.                       <--
    19750H0115B1545                  - 3 -

     1     (E)  A VOLUNTEER FIRE COMPANY SHALL BE ELIGIBLE FOR A LOAN     <--
     2  UNDER THIS ACT REGARDLESS OF LEGAL OWNERSHIP IN WHOLE OR PART BY
     3  ANY POLITICAL SUBDIVISION OF ANY FACILITIES OR APPARATUS
     4  EQUIPMENT USED BY THE VOLUNTEER FIRE COMPANY.
     5     Section 4.  Volunteer Fire Company Loan.--(a) There is hereby
     6  created a special fund in the Treasury Department to be known as
     7  the Volunteer Fire Company Grant and Loan Fund to which shall be  <--
     8  credited all appropriations made by the General Assembly to the
     9  department as well as repayment of principal and interest on
    10  loans made pursuant to this act.
    11     (b)  The department may requisition from time to time UPON     <--
    12  APPROVAL OF THE LOAN THE DEPARTMENT SHALL ROUTINELY REQUISITION
    13  from the Volunteer Fire Company Grant and Loan Fund such amounts  <--
    14  as shall be allocated by the department for grants or loans to    <--
    15  volunteer fire companies. When and as the amounts so allocated
    16  by the department as loans to volunteer fire companies are
    17  repaid to the department pursuant to the terms of the agreements
    18  made and entered into with the department, the department shall
    19  pay such amounts into the Volunteer Fire Company Grant and Loan   <--
    20  Fund, it being the intent of this act that the Volunteer Fire
    21  Company Grant and Loan Fund shall operate as a revolving fund     <--
    22  whereby all appropriations and payments made thereto may be
    23  applied and reapplied to the purposes of this act.
    24     (c)  At any time that the department shall determine that
    25  funds held in the Volunteer Fire Company Grant and Loan Fund are  <--
    26  in excess of the amount needed by the department to carry out
    27  the purposes of this act, the department may take such action as
    28  shall be required to release such excess from the Volunteer Fire
    29  Company Grant and Loan Fund and transfer the same to the General  <--
    30  Fund in the Treasury Department.
    19750H0115B1545                  - 4 -

     1     Section 5.  Powers and Duties of the Department.--The powers
     2  and duties shall be:
     3     (1)  To appoint agents, employees, and servants; and to
     4  prescribe their duties and to fix their compensation within the
     5  limitations provided by law;
     6     (2)  To accept grants from the Federal Government and any
     7  other individual, agency, or government for use in the Volunteer
     8  Fire Company Grant and Loan Fund;                                 <--
     9     (3)  To direct the Department of Community Affairs of the
    10  Commonwealth to take title to any piece of property which acts
    11  as security for any outstanding loan;
    12     (4)  To require all loans to be secured in such a manner that
    13  the Department of Community Affairs would have a first priority   <--
    14  ADEQUATE SECURITY in case of any default or foreclosure;          <--
    15     (5)  To loan money over a term of years, but in no case in
    16  excess of 10 years;
    17     (6)  To require, whenever possible, consolidation or mutual    <--
    18  aid agreements between communities in the utilization of
    19  volunteer fire companies; and
    20     (7)  To promulgate such rules and regulations as it deems
    21  necessary to carry out its powers and duties under this act.
    22     Section 6.  Appropriation.--The sum of $5,000,000, or as much
    23  thereof as may be necessary, is hereby appropriated to the
    24  Volunteer Fire Company Grant and Loan Fund for the purposes set   <--
    25  forth in the implementation of this act. THE GENERAL ASSEMBLY     <--
    26  SHALL APPROPRIATE AS MUCH MONEY AS MAY BE NECESSARY FROM TIME TO
    27  TIME TO KEEP THE FUND OPERATIONAL.
    28     Section 7.  Effective Date.--This act shall take effect
    29  immediately.

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