PRIOR PRINTER'S NOS. 1058, 1264 PRINTER'S NO. 1417
No. 906 Session of 2007
INTRODUCED BY LENTZ, MELIO, DeWEESE, SOLOBAY, ARGALL, BELFANTI,
BENNINGHOFF, BIANCUCCI, BOYD, CALTAGIRONE, CARROLL, CAUSER,
CIVERA, CONKLIN, CREIGHTON, CURRY, DALLY, DePASQUALE,
FABRIZIO, FLECK, GALLOWAY, GEORGE, GERBER, GINGRICH, GRELL,
GRUCELA, HARPER, HERSHEY, HESS, HICKERNELL, HORNAMAN,
HUTCHINSON, KILLION, KING, KIRKLAND, KORTZ, KOTIK, KULA,
LEACH, LEVDANSKY, MAHONEY, McCALL, McILHATTAN, MENSCH,
MICOZZIE, MUNDY, MURT, MUSTIO, MYERS, NAILOR, M. O'BRIEN,
PALLONE, PAYNE, PETRARCA, PETRONE, PHILLIPS, PICKETT, PYLE,
RAMALEY, READSHAW, RUBLEY, SAINATO, SANTONI, SAYLOR,
SCAVELLO, SHAPIRO, McILVAINE SMITH, R. STEVENSON, STURLA,
SURRA, R. TAYLOR, VEREB, VULAKOVICH, WALKO, WANSACZ, WATERS,
WOJNAROSKI, YOUNGBLOOD, ADOLPH, COSTA, THOMAS, EVERETT,
KENNEY, J. WHITE, MILNE, SIPTROTH, FAIRCHILD, ROAE, RAPP,
BROOKS, KESSLER AND QUINN, MARCH 22, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 24, 2007
AN ACT
1 Amending the act of July 31, 2003 (P.L.73, No.17), entitled "An
2 act establishing a grant program for volunteer fire companies
3 and volunteer ambulance services; and providing for grant
4 funding," FURTHER DEFINING "VOLUNTEER AMBULANCE SERVICE"; <--
5 further providing for guidelines and procedures, for award of
6 grants and for expiration of authority; providing for
7 publication and notice, for special provisions; and repealing
8 an obsolete act.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 302 of the act of July 31, 2003 (P.L.73, <--
12 No.17), known as the Volunteer Fire Company and Volunteer
13 Ambulance Service Grant Act, is repealed:
14 SECTION 1. THE DEFINITION OF "VOLUNTEER AMBULANCE SERVICE" <--
1 IN SECTION 102 OF THE ACT OF JULY 31, 2003 (P.L.73, NO.17),
2 KNOWN AS THE VOLUNTEER FIRE COMPANY AND VOLUNTEER AMBULANCE
3 SERVICE GRANT ACT, IS AMENDED TO READ:
4 SECTION 102. DEFINITIONS.
5 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
6 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
7 CONTEXT CLEARLY INDICATES OTHERWISE:
8 * * *
9 "VOLUNTEER AMBULANCE SERVICE." ANY NONPROFIT CHARTERED
10 CORPORATION, ASSOCIATION OR ORGANIZATION LOCATED IN THIS
11 COMMONWEALTH, WHICH IS LICENSED BY THE PENNSYLVANIA DEPARTMENT
12 OF HEALTH AND IS NOT ASSOCIATED OR AFFILIATED WITH ANY HOSPITAL
13 AND WHICH IS REGULARLY ENGAGED IN THE PROVISION OF EMERGENCY
14 MEDICAL SERVICES, INCLUDING BASIC LIFE SUPPORT OR ADVANCED LIFE
15 SUPPORT SERVICES AND [THE TRANSPORTATION OF PATIENTS WITHIN THIS
16 COMMONWEALTH.] ADVANCED LIFE SUPPORT SQUADS AS DEFINED IN 28 PA.
17 CODE § 1005.1 (RELATING TO GENERAL PROVISIONS). THE TERM SHALL
18 NOT INCLUDE ANY CORPORATION, ASSOCIATION OR ORGANIZATION THAT IS
19 PRIMARILY ENGAGED IN THE OPERATION OF INVALID COACHES WHICH ARE
20 INTENDED FOR THE ROUTINE TRANSPORT OF PERSONS WHO ARE
21 CONVALESCENT OR OTHERWISE NONAMBULATORY AND DO NOT ORDINARILY
22 REQUIRE EMERGENCY MEDICAL TREATMENT WHILE IN TRANSIT.
23 * * *
24 SECTION 2. SECTION 302 OF THE ACT IS REPEALED:
25 [Section 302. Guidelines and procedures.
26 The agency shall develop guidelines, procedures and all
27 applications necessary to implement the grant program. The
28 agency shall submit the guidelines, procedures and applications
29 to the Legislative Reference Bureau for publication in the
30 Pennsylvania Code and Bulletin within 30 days of the effective
20070H0906B1417 - 2 -
1 date of this act.]
2 Section 2 3. The act is amended by adding a section to read: <--
3 Section 302.1. Publication and notice.
4 The agency shall publish notice of the grant program
5 availability through the Legislative Reference Bureau for
6 publication in the Pennsylvania Bulletin within 30 days of the
7 effective date of this section for the 2006-2008 fiscal period <--
8 and no later than August 8 of each year thereafter. EFFECTIVE <--
9 DATE OF THIS SECTION FOR THE FISCAL PERIOD BEGINNING JULY 1,
10 2006, AND ENDING JUNE 30, 2007, AND JULY 1, 2007, AND ENDING
11 JUNE 30, 2008, AND NO LATER THAN AUGUST 8 OF EACH YEAR
12 THEREAFTER.
13 Section 3 4. Section 303 of the act, amended February 21, <--
14 2006 (P.L.38, No.13), is amended to read:
15 Section 303. Award of grants.
16 (a) Authorization.--The agency is hereby authorized to make
17 a grant award to each eligible volunteer fire company for the
18 following:
19 (1) Construction and/or renovation of the fire company's
20 facility and purchase or repair of fixtures and furnishings
21 necessary to maintain or improve the capability of the
22 company to provide fire, ambulance and rescue services.
23 (2) Repair of firefighting, ambulance or rescue
24 equipment or purchase thereof.
25 (3) Debt reduction associated with paragraph (1) or (2).
26 (4) Training and certification of members.
27 (b) Limits.--
28 (1) Except as provided in paragraph (3), grants shall be
29 not less than $2,500 and not more than $15,000 per volunteer
30 fire company. The minimum and maximum amounts of grants shall
20070H0906B1417 - 3 -
1 be doubled for the fiscal period July 1, 2006, through June <--
2 30, 2008. THE FISCAL PERIOD BEGINNING JULY 1, 2006, AND <--
3 ENDING JUNE 30, 2007, AND JULY 1, 2007, AND ENDING JUNE 30,
4 2008.
5 (2) Grants may be awarded on a pro rata basis if the
6 total dollar amount of approved applications exceeds the
7 amount of funds appropriated by the General Assembly for this
8 purpose.
9 (3) In a municipality where there are two or more
10 volunteer fire companies and if two or more fire companies
11 consolidated their use of equipment, firefighters and
12 services [after July 1, 1998, each entity from which the
13 consolidated entity was created will be eligible for a grant
14 as though it had not consolidated.] within five years
15 preceding the date of the current year application submission
16 deadline, the consolidated entity shall be deemed eligible to
17 receive a grant not to exceed the amount of the combined
18 total for which the individual companies would have been
19 eligible had they not consolidated.
20 (c) Time for filing application and department action.--
21 [(1) The agency shall provide written instructions and
22 guidelines for grants under this act to the fire chief and
23 president of every volunteer fire company in this
24 Commonwealth on or before February 28, 2006.
25 (2) Volunteer fire companies seeking grants under this
26 act shall submit completed applications to the agency on or
27 before April 30, 2006. The agency shall act to approve or
28 disapprove the application by June 30, 2006. Applications
29 which have not been approved or disapproved by the agency by
30 June 30, 2006, shall be deemed approved.]
20070H0906B1417 - 4 -
1 (1) BEGINNING WITH THE FISCAL PERIOD COMMENCING JULY 1, <--
2 2006, AND ENDING JUNE 30, 2007, AND JULY 1, 2007, AND ENDING
3 JUNE 30, 2008, AND EACH YEAR THEREAFTER, THE AGENCY SHALL
4 PROVIDE WRITTEN INSTRUCTIONS FOR GRANTS UNDER THIS ACT TO THE
5 FIRE CHIEF AND PRESIDENT OF EVERY VOLUNTEER FIRE COMPANY IN
6 THIS COMMONWEALTH NO LATER THAN SEPTEMBER 1 OF EACH YEAR.
7 (2) BEGINNING WITH THE FISCAL PERIOD COMMENCING JULY 1,
8 2006, AND ENDING JUNE 30, 2007, AND JULY 1, 2007, AND ENDING
9 JUNE 30, 2008, AND EACH YEAR THEREAFTER, THE AGENCY SHALL
10 PROVIDE APPLICATIONS TO THE FIRE CHIEF AND PRESIDENT OF EVERY
11 VOLUNTEER FIRE COMPANY NO LATER THAN SEPTEMBER 8 OF EACH
12 YEAR. VOLUNTEER FIRE COMPANIES SEEKING GRANTS UNDER THIS ACT
13 SHALL SUBMIT COMPLETED APPLICATIONS TO THE AGENCY. THE
14 APPLICATION PERIOD SHALL REMAIN OPEN FOR 45 DAYS EACH YEAR.
15 THE AGENCY SHALL ACT TO APPROVE OR DISAPPROVE APPLICATIONS
16 WITHIN 60 DAYS OF THE APPLICATION SUBMISSION DEADLINE EACH
17 YEAR. APPLICATIONS WHICH HAVE NOT BEEN APPROVED OR
18 DISAPPROVED BY THE AGENCY WITHIN 60 DAYS AFTER THE CLOSE OF
19 THE APPLICATION PERIOD EACH YEAR SHALL BE DEEMED APPROVED.
20 (3) The agency shall provide written instructions for <--
21 grants under this act to the fire chief and president of
22 every volunteer fire company in this Commonwealth within 30
23 days of the effective date of this paragraph for the fiscal
24 period commencing July 1, 2006, and ending June 30, 2008, and
25 no later than September 1 for each year thereafter.
26 (4) The agency shall provide applications to the fire
27 chief and president of every volunteer fire company within 60
28 days of the effective date of this paragraph for the fiscal
29 period commencing July 1, 2006, and ending June 30, 2008, and
30 for each year thereafter. Volunteer fire companies seeking
20070H0906B1417 - 5 -
1 grants under this act shall submit completed applications to
2 the agency within 45 days after receipt of said written
3 instructions, for the fiscal period July 1, 2006, through
4 June 30, 2008, and the application period shall remain open
5 for 45 days for each year thereafter. The agency shall act to
6 approve or disapprove the application within 60 days of the
7 application submission deadline. Applications which have not
8 been approved or disapproved by the agency within 60 days of
9 the application submission deadline shall be deemed approved.
10 (d) Eligibility.--To receive grant funds under this act, a
11 volunteer fire company shall have actively responded to one or
12 more fire or rescue emergencies [since July 1, 2005,] during the
13 previous calendar year and must [sign] have signed and be under
14 an agreement to actively participate in the Pennsylvania Fire
15 Information Reporting System which is administered by the
16 agency.
17 Section 4 5. Section 502 of the act is repealed: <--
18 [Section 502. Guidelines and procedures.
19 The agency shall develop guidelines, procedures and all
20 applications necessary to implement the grant program. The
21 agency shall submit the guidelines, procedures and applications
22 to the Legislative Reference Bureau for publication in the
23 Pennsylvania Code and Bulletin within 30 days of the effective
24 date of this act.]
25 Section 5 6. The act is amended by adding a section to read: <--
26 Section 502.1. Publication and notice.
27 The agency shall publish notice of the grant program
28 availability through the Legislative Reference Bureau for
29 publication in the Pennsylvania Bulletin within 30 days of the
30 effective date of this section for the 2006-2008 fiscal period <--
20070H0906B1417 - 6 -
1 and no later than August 8 of each year thereafter. FISCAL <--
2 PERIOD BEGINNING JULY 1, 2006, AND ENDING JUNE 30, 2007, AND
3 JULY 1, 2007, AND ENDING JUNE 30, 2008, AND NO LATER THAN AUGUST
4 8 FOR EACH YEAR THEREAFTER.
5 Section 6 7. Sections 503 and 901 of the act, amended <--
6 February 21, 2006 (P.L.38, No.13), are amended to read:
7 Section 503. Award of grants.
8 (a) Authorization.--The agency is hereby authorized to make
9 a grant award to each eligible volunteer ambulance service for
10 the following:
11 (1) Construction and/or renovation of the volunteer
12 ambulance service's facility and purchase or repair of
13 fixtures, furnishings, office equipment and support services
14 necessary to maintain or improve the capability of the
15 ambulance service to provide ambulance, emergency medical,
16 basic life support and advanced life support services.
17 (2) Repair of ambulance equipment or purchase thereof.
18 (3) Debt reduction associated with paragraph (1) or (2).
19 (4) Training and certification of members.
20 (b) Limits.--
21 (1) Grants shall be not less than $2,500 and not more
22 than $10,000 per volunteer ambulance service. The minimum and
23 maximum amount of grants shall be doubled for the fiscal
24 period July 1, 2006, through June 30, 2008. PERIOD BEGINNING <--
25 JULY 1, 2006, AND ENDING JUNE 30, 2007, AND JULY 1, 2007, AND
26 ENDING JUNE 30, 2008.
27 (2) Grants may be awarded on a pro rata basis if the
28 total dollar amount of approved applications exceeds the
29 amount of funds appropriated by the General Assembly for this
30 purpose.
20070H0906B1417 - 7 -
1 (3) If two or more volunteer ambulance services
2 consolidated their use of equipment, personnel and services
3 [after July 1, 1998, each entity from which the consolidated
4 entity was created will be eligible for a grant as though it
5 had not consolidated.] within five years preceding the date
6 of the current year application submission deadline, the
7 consolidated entity shall be deemed eligible to receive a
8 grant not to exceed the amount of the combined total for
9 which the individual companies would have been eligible had
10 they not consolidated.
11 (c) Time for filing application and department action.--
12 [(1) The agency shall provide written instructions and
13 guidelines for grants under this act to the president of
14 every volunteer ambulance service in this Commonwealth on or
15 before February 28, 2006.
16 (2) Volunteer ambulance services seeking grants under
17 this chapter shall submit completed applications to the
18 agency on or before April 30, 2006. The agency shall act to
19 approve or disapprove the application by June 30, 2006.
20 Applications which have not been approved or disapproved by
21 the agency by June 30, 2006, shall be deemed approved.]
22 (1) BEGINNING WITH THE FISCAL PERIOD COMMENCING JULY 1, <--
23 2006, AND ENDING JUNE 30, 2008, AND EACH YEAR THEREAFTER, THE
24 AGENCY SHALL PROVIDE WRITTEN INSTRUCTIONS FOR GRANTS UNDER
25 THIS ACT TO THE PRESIDENT OF EVERY VOLUNTEER AMBULANCE
26 SERVICE IN THIS COMMONWEALTH NO LATER THAN SEPTEMBER 1 OF
27 EACH YEAR.
28 (2) BEGINNING WITH THE FISCAL PERIOD COMMENCING JULY 1,
29 2006, AND ENDING JUNE 30, 2008, AND EACH YEAR THEREAFTER, THE
30 AGENCY SHALL PROVIDE APPLICATIONS TO THE PRESIDENT OF EVERY
20070H0906B1417 - 8 -
1 VOLUNTEER AMBULANCE SERVICE NO LATER THAN SEPTEMBER 8 OF EACH
2 YEAR. VOLUNTEER AMBULANCE SERVICES SEEKING GRANTS UNDER THIS
3 ACT SHALL SUBMIT COMPLETED APPLICATIONS TO THE AGENCY. THE
4 APPLICATION PERIOD SHALL REMAIN OPEN FOR 45 DAYS EACH YEAR.
5 THE AGENCY SHALL ACT TO APPROVE OR DISAPPROVE APPLICATIONS
6 WITHIN 60 DAYS OF THE APPLICATION SUBMISSION DEADLINE EACH
7 YEAR. APPLICATIONS WHICH HAVE NOT BEEN APPROVED OR
8 DISAPPROVED BY THE AGENCY WITHIN 60 DAYS AFTER THE CLOSE OF
9 THE APPLICATION PERIOD EACH YEAR SHALL BE DEEMED APPROVED.
10 (3) The agency shall provide written instructions for <--
11 grants under this act to the president of every volunteer
12 ambulance service in this Commonwealth within 30 days of the
13 effective date of this paragraph and no later than September
14 1 of each year thereafter.
15 (4) The agency shall provide applications to volunteer
16 ambulance services within 60 days of the effective date of
17 this paragraph for the fiscal year commencing July 1, 2006,
18 and no later than September 8 for each year thereafter.
19 Volunteer ambulance services seeking grants under this
20 chapter shall submit completed applications to the agency
21 within 45 days after receipt of said written instructions.
22 The agency shall act to approve or disapprove the application
23 within 60 days of the application submission deadline.
24 Applications which have not been approved or disapproved by
25 the agency within 60 days of the application submission
26 deadline shall be deemed approved.
27 Section 901. Expiration of authority.
28 The authority of the agency to award grants under Chapters 3
29 and 5 shall expire June 30, [2007] 2012.
30 Section 7 8. The act is amended by adding a section to read: <--
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1 Section 901.1. Special provisions.
2 (a) Claim.--An applicant for a grant under this act who
3 failed to return a signed agreement for the preceding year shall
4 not be permitted to apply for a grant in the current year,
5 unless the applicant has provided the commissioner with a
6 reasonable written explanation as to why it did not claim its
7 grant.
8 (b) Delinquency.--An applicant for a grant under this act
9 who is delinquent in loan payments to the Pennsylvania Volunteer
10 Loan Assistance Program existing under the act of November 13,
11 1995 (P.L.604, No.61), known as the State Fire Commissioner Act,
12 shall agree to use its grant funds to pay any arrears to the
13 Commonwealth or it will not be qualified to receive a grant. Any
14 organization agreeing to this arrangement who fails to make the
15 payment to the Commonwealth shall be disqualified from applying
16 to the grant program for a period of three years.
17 (c) Demonstration.--An applicant for a grant under this act
18 must demonstrate that it complied with all terms of its grant
19 agreement in the previous year regarding the use of the grant
20 money it received in previous years or it shall not be eligible
21 to receive a grant in the current year.
22 (d) Approval.--An applicant shall not be approved for a
23 grant to be used for purposes other than those stated in section
24 303(a) or 503(a).
25 Section 8 9. The Legislative Budget and Finance Committee <--
26 shall conduct a performance review of the program authorized by
27 this act and shall submit its evaluation of and recommendations
28 regarding the program to the General Assembly no later than
29 February 28, 2012.
30 Section 9 10. Repeals are as follows: <--
20070H0906B1417 - 10 -
1 (1) The General Assembly declares that the act repealed
2 under paragraph (2) is obsolete.
3 (2) The act of June 22, 2000 (P.L.477, No.66), known as
4 the Volunteer Fire Company and Volunteer Ambulance Service
5 Grant Act, is repealed.
6 Section 10. The addition of section 901.1(a) of the act <--
7 shall apply to grants for the fiscal period commencing July 1,
8 2006, and ending June 30, 2008.
9 Section 11. This act shall take effect immediately.
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