PRINTER'S NO. 178
No. 172 Session of 2005
INTRODUCED BY J. TAYLOR, BARRAR, BELARDI, BUXTON, BEBKO-JONES, CALTAGIRONE, CREIGHTON, DeLUCA, DeWEESE, FLICK, FRANKEL, GEIST, GEORGE, HARRIS, HERMAN, JAMES, M. KELLER, W. KELLER, KIRKLAND, LEDERER, MANN, MARKOSEK, McGEEHAN, PETRONE, PHILLIPS, PRESTON, READSHAW, RUBLEY, SAINATO, SHANER, SOLOBAY, THOMAS, TIGUE, WATSON, WILT, YOUNGBLOOD, CAPPELLI AND GOODMAN, FEBRUARY 1, 2005
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 1, 2005
AN ACT 1 Establishing the Municipal Firefighter Education and Training 2 Program. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Municipal Firefighter Education and Training 6 Program. 7 The Office of the State Fire Commissioner shall establish a 8 Municipal Firefighter Education and Training Program in 9 accordance with the provisions of this act. The administration 10 of this program shall be the responsibility of the Office of the 11 State Fire Commissioner. The commissioner, in consultation with 12 the Fire Safety Advisory Committee established under the act of 13 November 13, 1995 (P.L.604, No.61), known as the State Fire 14 Commissioner Act, shall develop basic course criteria and 15 guidelines for the program. The parameters developed by the
1 commissioner shall be consistent with established standards. 2 Section 2. Definitions. 3 The following words and phrases when used in this act shall 4 have the meanings given to them in this section unless the 5 context clearly indicates otherwise: 6 "Commissioner." The State Fire Commissioner appointed under 7 the act of November 13, 1995 (P.L.604, No.61), known as the 8 State Fire Commissioner Act. 9 "Municipal firefighter." Any full-time employee of a city, 10 borough, town or township fire department assigned to 11 firefighting duties. 12 "School." A training school or academy that offers State 13 Fire Academy certified courses. 14 Section 3. Municipal firefighter training mandatory; penalties. 15 (a) Training.--All political subdivisions of the 16 Commonwealth or groups of political subdivisions acting in 17 concert shall be required to train all members of their fire 18 departments hired by them after the effective date of this 19 section, pursuant to this act. Any person hired as a municipal 20 firefighter by any political subdivision or group of political 21 subdivisions acting in concert after the effective date of this 22 section shall be at the end of one year from the date of his 23 employment ineligible to receive salary, compensation or other 24 consideration or thing of value for the performance of his 25 duties as a firefighter unless he has met all of the 26 requirements as established by the Office of the State Fire 27 Commissioner and has been duly certified as having met those 28 requirements by the commissioner, unless the firefighter is 29 granted additional time to complete his training by the 30 commissioner. However, any person hired as a municipal 20050H0172B0178 - 2 -
1 firefighter will be given a grace period of two years from the 2 effective date of this section before he becomes ineligible to 3 receive salary, compensation or other consideration or things of 4 value. 5 (b) Penalty.--Any official of any political subdivision who 6 orders, authorizes or pays a salary to a person in violation of 7 the provisions of this act commits a summary offense and upon 8 conviction shall be sentenced to pay a fine of $100 or be 9 imprisoned for a term of not more than 30 days. 10 Section 4. Reimbursement of expenses. 11 (a) Allowable expenses.--The Office of the State Fire 12 Commissioner shall provide for reimbursement to each political 13 subdivision 100% of the allowable tuition and the ordinary and 14 necessary living and travel expenses incurred by their 15 firefighters while attending certified municipal firefighter 16 basic training schools, provided the political subdivision 17 adheres to the training standards, employment longevity 18 provisions and program guidelines established by the Office of 19 the State Fire Commissioner. The regular salary of firefighters 20 while attending schools approved under this act shall be paid by 21 the employing political subdivision. Eighty percent of the 22 regular salaries of firefighters while attending schools 23 approved under this act shall be reimbursed by the commissioner 24 to the employing political subdivision. 25 (b) Grants.--The commissioner shall provide grants as a 26 reimbursement for actual expenses incurred by political 27 subdivisions for municipal firefighters who have successfully 28 completed the required basic course of instruction established 29 by the Office of the State Fire Commissioner. 30 (c) Application.--All political subdivisions of the 20050H0172B0178 - 3 -
1 Commonwealth or groups of political subdivisions acting in 2 concert may make application to the commissioner for funding 3 pursuant to this act. The application shall be accompanied by a 4 certified copy of a resolution or resolutions adopted by its 5 governing body or bodies providing that, while receiving any 6 State funds under this act, the political subdivision of the 7 Commonwealth or group of political subdivisions acting in 8 concert will adhere to the standards for training established by 9 the commissioner. The application shall contain such information 10 as the commissioner may request. 11 (d) Limitation.--Grants may be awarded on a pro rata basis 12 if the total dollar amount of approved applications exceeds the 13 amount of funds allocated for this program. 14 Section 5. Applicability to civil service laws. 15 Nothing in this act shall be construed to exempt any 16 municipal firefighter from the provisions of the existing civil 17 service or laws relating to tenure. 18 Section 6. Funding. 19 The General Assembly shall annually appropriate such moneys 20 as necessary to the Office of the State Fire Commissioner. 21 Section 7. Effective date. 22 This act shall take effect in 30 days. L20L35JLW/20050H0172B0178 - 4 -