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        PRIOR PRINTER'S NOS. 1058, 1264, 1417         PRINTER'S NO. 1526

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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, QUINN, K. SMITH, REICHLEY, PERRY AND PEIFER,
           MARCH 22, 2007

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MAY 7, 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.  The definition of "volunteer ambulance service"
    12  in section 102 of the act of July 31, 2003 (P.L.73, No.17),
    13  known as the Volunteer Fire Company and Volunteer Ambulance


     1  Service Grant Act, is amended to read:
     2  Section 102.  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     * * *
     7     "Volunteer ambulance service."  Any nonprofit chartered
     8  corporation, association or organization located in this
     9  Commonwealth, which is licensed by the Pennsylvania Department
    10  of Health and is not associated or affiliated with any hospital
    11  and which is regularly engaged in the provision of emergency
    12  medical services, including basic life support or advanced life
    13  support services and [the transportation of patients within this
    14  Commonwealth.] advanced life support squads as defined in 28 Pa.
    15  Code § 1005.1 (relating to general provisions). The term shall
    16  not include any corporation, association or organization that is
    17  primarily engaged in the operation of invalid coaches which are
    18  intended for the routine transport of persons who are
    19  convalescent or otherwise nonambulatory and do not ordinarily
    20  require emergency medical treatment while in transit.
    21     * * *
    22     Section 2.  Section 302 of the act is repealed:
    23  [Section 302.  Guidelines and procedures.
    24     The agency shall develop guidelines, procedures and all
    25  applications necessary to implement the grant program. The
    26  agency shall submit the guidelines, procedures and applications
    27  to the Legislative Reference Bureau for publication in the
    28  Pennsylvania Code and Bulletin within 30 days of the effective
    29  date of this act.]
    30     Section 3.  The act is amended by adding a section to read:
    20070H0906B1526                  - 2 -     

     1  Section 302.1.  Publication and notice.
     2     The agency shall publish notice of the grant program
     3  availability through the Legislative Reference Bureau for
     4  publication in the Pennsylvania Bulletin within 30 days of the    <--
     5  effective date of this section for the fiscal period beginning
     6  July 1, 2006, and ending June 30, 2007, and July 1, 2007, and
     7  ending June 30, 2008, and no later than August 8 of each year
     8  thereafter. PUBLICATION IN THE PENNSYLVANIA BULLETIN:             <--
     9         (1)  WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS SECTION
    10     FOR THE FISCAL PERIOD BEGINNING JULY 1, 2006, AND ENDING JUNE
    11     30, 2008; AND
    12         (2)  BY AUGUST 8 FOR FISCAL YEARS BEGINNING AFTER JUNE
    13     30, 2008.
    14     Section 4.  Section 303 of the act, amended February 21, 2006
    15  (P.L.38, No.13), is amended to read:
    16  Section 303.  Award of grants.
    17     (a)  Authorization.--The agency is hereby authorized to make
    18  a grant award to each eligible volunteer fire company for the
    19  following:
    20         (1)  Construction and/or renovation of the fire company's
    21     facility and purchase or repair of fixtures and furnishings
    22     necessary to maintain or improve the capability of the
    23     company to provide fire, ambulance and rescue services.
    24         (2)  Repair of firefighting, ambulance or rescue
    25     equipment or purchase thereof.
    26         (3)  Debt reduction associated with paragraph (1) or (2).
    27         (4)  Training and certification of members.
    28     (b)  Limits.--
    29         (1)  Except as provided in paragraph (3), grants shall be
    30     not less than $2,500 and not more than $15,000 per volunteer
    20070H0906B1526                  - 3 -     

     1     fire company. The minimum and maximum amounts of grants shall
     2     be doubled for 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.]
    20070H0906B1526                  - 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
     4         (1)  BY SEPTEMBER 1 OF EACH YEAR, the agency shall         <--
     5     provide written instructions for grants under this act to the
     6     fire chief and president of every volunteer fire company in
     7     this Commonwealth no later than September 1 of each year.      <--
     8         (2)  Beginning with the fiscal period commencing July 1,
     9     2006, and ending June 30, 2007, and July 1, 2007, and ending
    10     June 30, 2008, and each year thereafter THIS COMMONWEALTH.     <--
    11         (2)  BY SEPTEMBER 8 OF EACH YEAR, the agency shall
    12     provide applications to the fire chief and president of every
    13     volunteer fire company no later than September 8 of each       <--
    14     year. Volunteer fire companies seeking grants under this act
    15     shall submit completed applications to the agency. The
    16     application period shall remain open for 45 days each year.
    17     The agency shall act to approve or disapprove applications
    18     within 60 days of the application submission deadline each
    19     year. Applications which have not been approved or
    20     disapproved by the agency within 60 days after the close of
    21     the application period each year shall be deemed approved.
    22     (d)  Eligibility.--To receive grant funds under this act, a
    23  volunteer fire company shall have actively responded to one or
    24  more fire or rescue emergencies [since July 1, 2005,] during the
    25  previous calendar year and must [sign] have signed and be under
    26  an agreement to actively participate in the Pennsylvania Fire
    27  Information Reporting System which is administered by the
    28  agency.
    29     Section 5.  Section 502 of the act is repealed:
    30  [Section 502.  Guidelines and procedures.
    20070H0906B1526                  - 5 -     

     1     The agency shall develop guidelines, procedures and all
     2  applications necessary to implement the grant program. The
     3  agency shall submit the guidelines, procedures and applications
     4  to the Legislative Reference Bureau for publication in the
     5  Pennsylvania Code and Bulletin within 30 days of the effective
     6  date of this act.]
     7     Section 6.  The act is amended by adding a section to read:
     8  Section 502.1.  Publication and notice.
     9     The agency shall publish notice of the grant program
    10  availability through the Legislative Reference Bureau for
    11  publication in the Pennsylvania Bulletin within 30 days of the    <--
    12  effective date of this section for the fiscal period beginning
    13  July 1, 2006, and ending June 30, 2007, and July 1, 2007, and
    14  ending June 30, 2008, and no later than August 8 for each year
    15  thereafter. PUBLICATION IN THE PENNSYLVANIA BULLETIN:             <--
    16         (1)  WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS SECTION
    17     FOR THE FISCAL PERIOD BEGINNING JULY 1, 2006, AND ENDING JUNE
    18     30, 2008; AND
    19         (2)  BY AUGUST 8 FOR FISCAL YEARS BEGINNING AFTER JUNE
    20     30, 2008.
    21     Section 7.  Sections 503 and 901 of the act, amended February
    22  21, 2006 (P.L.38, No.13), are amended to read:
    23  Section 503.  Award of grants.
    24     (a)  Authorization.--The agency is hereby authorized to make
    25  a grant award to each eligible volunteer ambulance service for
    26  the following:
    27         (1)  Construction and/or renovation of the volunteer
    28     ambulance service's facility and purchase or repair of
    29     fixtures, furnishings, office equipment and support services
    30     necessary to maintain or improve the capability of the
    20070H0906B1526                  - 6 -     

     1     ambulance service to provide ambulance, emergency medical,
     2     basic life support and advanced life support services.
     3         (2)  Repair of ambulance equipment or purchase thereof.
     4         (3)  Debt reduction associated with paragraph (1) or (2).
     5         (4)  Training and certification of members.
     6     (b)  Limits.--
     7         (1)  Grants shall be not less than $2,500 and not more
     8     than $10,000 per volunteer ambulance service. The minimum and
     9     maximum amount of grants shall be doubled for the fiscal
    10     period beginning July 1, 2006, and ending June 30, 2007, and   <--
    11     July 1, 2007, and ending June 30, 2008.
    12         (2)  Grants may be awarded on a pro rata basis if the
    13     total dollar amount of approved applications exceeds the
    14     amount of funds appropriated by the General Assembly for this
    15     purpose.
    16         (3)  If two or more volunteer ambulance services
    17     consolidated their use of equipment, personnel and services
    18     [after July 1, 1998, each entity from which the consolidated
    19     entity was created will be eligible for a grant as though it
    20     had not consolidated.] within five years preceding the date
    21     of the current year application submission deadline, the
    22     consolidated entity shall be deemed eligible to receive a
    23     grant not to exceed the amount of the combined total for
    24     which the individual companies would have been eligible had
    25     they not consolidated.
    26     (c)  Time for filing application and department action.--
    27         [(1)  The agency shall provide written instructions and
    28     guidelines for grants under this act to the president of
    29     every volunteer ambulance service in this Commonwealth on or
    30     before February 28, 2006.
    20070H0906B1526                  - 7 -     

     1         (2)  Volunteer ambulance services seeking grants under
     2     this chapter shall submit completed applications to the
     3     agency on or before April 30, 2006. The agency shall act to
     4     approve or disapprove the application by June 30, 2006.
     5     Applications which have not been approved or disapproved by
     6     the agency by June 30, 2006, shall be deemed approved.]
     7         (1)  Beginning with the fiscal period commencing July 1,   <--
     8     2006, and ending June 30, 2008, and each year thereafter, the
     9         (1)  BY SEPTEMBER 1 OF EACH YEAR, THE agency shall         <--
    10     provide written instructions for grants under this act to the
    11     president of every volunteer ambulance service in this         <--
    12     Commonwealth no later than September 1 of each year.
    13         (2)  Beginning with the fiscal period commencing July 1,
    14     2006, and ending June 30, 2008, and each year thereafter, the
    15     agency shall provide applications to the president of every
    16     volunteer ambulance service no later than September 8 of each
    17     year.
    18     SERVICE IN THIS COMMONWEALTH.                                  <--
    19         (2)  BY SEPTEMBER 8 OF EACH YEAR, THE AGENCY SHALL
    20     PROVIDE APPLICATIONS TO THE PRESIDENT OF EVERY VOLUNTEER
    21     AMBULANCE SERVICE. Volunteer ambulance services seeking
    22     grants under this act shall submit completed applications to
    23     the agency. The application period shall remain open for 45
    24     days each year. The agency shall act to approve or disapprove
    25     applications within 60 days of the application submission
    26     deadline each year. Applications which have not been approved
    27     or disapproved by the agency within 60 days after the close
    28     of the application period each year shall be deemed approved.
    29  Section 901.  Expiration of authority.
    30     The authority of the agency to award grants under Chapters 3
    20070H0906B1526                  - 8 -     

     1  and 5 shall expire June 30, [2007] 2012.
     2     Section 8.  The act is amended by adding a section to read:
     3  Section 901.1.  Special provisions.
     4     (a)  Claim.--An applicant for a grant under this act who
     5  failed to return a signed agreement for the preceding year shall
     6  not be permitted to apply for a grant in the current year,
     7  unless the applicant has provided the commissioner with a
     8  reasonable written explanation as to why it did not claim its
     9  grant.
    10     (b)  Delinquency.--An applicant for a grant under this act
    11  who is delinquent in loan payments to the Pennsylvania Volunteer
    12  Loan Assistance Program existing under the act of November 13,
    13  1995 (P.L.604, No.61), known as the State Fire Commissioner Act,
    14  shall agree to use its grant funds to pay any arrears to the
    15  Commonwealth or it will not be qualified to receive a grant. Any
    16  organization agreeing to this arrangement who fails to make the
    17  payment to the Commonwealth shall be disqualified from applying
    18  to the grant program for a period of three years.
    19     (c)  Demonstration.--An applicant for a grant under this act
    20  must demonstrate that it complied with all terms of its grant
    21  agreement in the previous year regarding the use of the grant
    22  money it received in previous years or it shall not be eligible
    23  to receive a grant in the current year.
    24     (d)  Approval.--An applicant shall not be approved for a
    25  grant to be used for purposes other than those stated in section
    26  303(a) or 503(a).
    27     Section 9.  The Legislative Budget and Finance Committee
    28  shall conduct a performance review of the program authorized by
    29  this act and shall submit its evaluation of and recommendations
    30  regarding the program to the General Assembly no later than
    20070H0906B1526                  - 9 -     

     1  February 28, 2012.
     2     Section 10.  Repeals are as follows:
     3         (1)  The General Assembly declares that the act repealed
     4     under paragraph (2) is obsolete.
     5         (2)  The act of June 22, 2000 (P.L.477, No.66), known as
     6     the Volunteer Fire Company and Volunteer Ambulance Service
     7     Grant Act, is repealed.
     8     Section 11.  This act shall take effect immediately.















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