PRIOR PRINTER'S NOS. 1058, 1264, 1417, PRINTER'S NO. 2021 1526, 1887
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
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES, JUNE 21, 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: 20070H0906B2021 - 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: 5 (1) within 30 days of the effective date of this section 6 for the fiscal years beginning July 1, 2006, and July 1, 7 2007; and 8 (2) by August 8 for fiscal years beginning after June 9 30, 2008. 10 Section 4. Section 303 of the act, amended February 21, 2006 11 (P.L.38, No.13), is amended to read: 12 Section 303. Award of grants. 13 (a) Authorization.--The agency is hereby authorized to make 14 a grant award to each eligible volunteer fire company for the 15 following: 16 (1) Construction and/or renovation of the fire company's 17 facility and purchase or repair of fixtures and furnishings 18 necessary to maintain or improve the capability of the 19 company to provide fire, ambulance and rescue services. 20 (2) Repair of firefighting, ambulance or rescue 21 equipment or purchase thereof. 22 (3) Debt reduction associated with paragraph (1) or (2). 23 (4) Training and certification of members. 24 (b) Limits.-- 25 (1) Except as provided in paragraph (3), grants shall be 26 not less than $2,500 and not more than $15,000 per volunteer 27 fire company. 28 (2) Grants may be awarded on a pro rata basis if the 29 total dollar amount of approved applications exceeds the 30 amount of funds appropriated by the General Assembly for this 20070H0906B2021 - 3 -
1 purpose. 2 (3) In a municipality where there are two or more 3 volunteer fire companies and if two or more fire companies 4 consolidated their use of equipment, firefighters and 5 services [after July 1, 1998, each entity from which the 6 consolidated entity was created will be eligible for a grant 7 as though it had not consolidated.] within five years 8 preceding the date of the current year application submission 9 deadline, the consolidated entity shall be deemed eligible to 10 receive a grant not to exceed the amount of the combined 11 total for which the individual companies would have been 12 eligible had they not consolidated. 13 (c) Time for filing application and department action.-- 14 [(1) The agency shall provide written instructions and 15 guidelines for grants under this act to the fire chief and 16 president of every volunteer fire company in this 17 Commonwealth on or before February 28, 2006. 18 (2) Volunteer fire companies seeking grants under this 19 act shall submit completed applications to the agency on or 20 before April 30, 2006. The agency shall act to approve or 21 disapprove the application by June 30, 2006. Applications 22 which have not been approved or disapproved by the agency by 23 June 30, 2006, shall be deemed approved.] 24 (1) Within 30 days of the effective date of this 25 amendatory act for the fiscal years beginning July 1, 2006, 26 and July 1, 2007, and by September 1 of each year thereafter, 27 the agency shall provide written instructions for grants 28 under this act to the fire chief and president of every 29 volunteer fire company in this Commonwealth. 30 (2) Within 45 days of the effective date of this 20070H0906B2021 - 4 -
1 amendatory act for the fiscal years beginning July 1, 2006, 2 and July 1, 2007, and by September 8 of each year thereafter, 3 the agency shall provide applications to the fire chief and 4 president of every volunteer fire company. The application 5 for the fiscal years commencing July 1, 2006, and July 1, 6 2007, shall be a combined application. Volunteer fire 7 companies seeking grants under this act shall submit 8 completed applications to the agency. The application period 9 shall remain open for 45 days each year. The agency shall act 10 to approve or disapprove applications within 60 days of the 11 application submission deadline each year. Applications which 12 have not been approved or disapproved by the agency within 60 13 days after the close of the application period each year 14 shall be deemed approved. 15 (d) Eligibility.--To receive grant funds under this act, a 16 volunteer fire company shall have actively responded to one or 17 more fire or rescue emergencies [since July 1, 2005,] during the 18 previous calendar year and must [sign] have signed and be under 19 an agreement to actively participate in the Pennsylvania Fire 20 Information Reporting System which is administered by the 21 agency. 22 Section 5. Section 502 of the act is repealed: 23 [Section 502. 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 6. The act is amended by adding a section to read: 20070H0906B2021 - 5 -
1 Section 502.1. 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: 5 (1) within 30 days of the effective date of this section 6 for the fiscal years beginning July 1, 2006, and July 1, 7 2007; and 8 (2) by August 8 for fiscal years beginning after June 9 30, 2008. 10 Section 7. Sections 503 and 901 of the act, amended February 11 21, 2006 (P.L.38, No.13), are amended to read: 12 Section 503. Award of grants. 13 (a) Authorization.--The agency is hereby authorized to make 14 a grant award to each eligible volunteer ambulance service for 15 the following: 16 (1) Construction and/or renovation of the volunteer 17 ambulance service's facility and purchase or repair of 18 fixtures, furnishings, office equipment and support services 19 necessary to maintain or improve the capability of the 20 ambulance service to provide ambulance, emergency medical, 21 basic life support and advanced life support services. 22 (2) Repair of ambulance equipment or purchase thereof. 23 (3) Debt reduction associated with paragraph (1) or (2). 24 (4) Training and certification of members. 25 (b) Limits.-- 26 (1) Grants shall be not less than $2,500 and not more 27 than $10,000 per volunteer ambulance service. 28 (2) Grants may be awarded on a pro rata basis if the 29 total dollar amount of approved applications exceeds the 30 amount of funds appropriated by the General Assembly for this 20070H0906B2021 - 6 -
1 purpose. 2 (3) If two or more volunteer ambulance services 3 consolidated their use of equipment, personnel and services 4 [after July 1, 1998, each entity from which the consolidated 5 entity was created will be eligible for a grant as though it 6 had not consolidated.] within five years preceding the date 7 of the current year application submission deadline, the 8 consolidated entity shall be deemed eligible to receive a 9 grant not to exceed the amount of the combined total for 10 which the individual companies would have been eligible had 11 they not consolidated. 12 (c) Time for filing application and department action.-- 13 [(1) The agency shall provide written instructions and 14 guidelines for grants under this act to the president of 15 every volunteer ambulance service in this Commonwealth on or 16 before February 28, 2006. 17 (2) Volunteer ambulance services seeking grants under 18 this chapter shall submit completed applications to the 19 agency on or before April 30, 2006. The agency shall act to 20 approve or disapprove the application by June 30, 2006. 21 Applications which have not been approved or disapproved by 22 the agency by June 30, 2006, shall be deemed approved.] 23 (1) Within 30 days of the effective date of this 24 amendatory act for the fiscal years commencing July 1, 2006, 25 and July 1, 2007, and by September 1 of each year thereafter, 26 the agency shall provide written instructions for grants 27 under this act to the president of every volunteer ambulance 28 service in this Commonwealth. 29 (2) Within 45 days of the effective date of this 30 amendatory act for the fiscal years commencing July 1, 2006, 20070H0906B2021 - 7 -
1 and July 1, 2007, and by September 8 of each year, the agency 2 shall provide applications to the president of every 3 volunteer ambulance service. The application for the fiscal 4 years commencing July 1, 2006, and July 1, 2007, shall be a 5 combined application. Volunteer ambulance services seeking 6 grants under this act shall submit completed applications to 7 the agency. The application period shall remain open for 45 8 days each year. The agency shall act to approve or disapprove 9 applications within 60 days of the application submission 10 deadline each year. Applications which have not been approved 11 or disapproved by the agency within 60 days after the close 12 of the application period each year shall be deemed approved. 13 Section 901. Expiration of authority. 14 The authority of the agency to award grants under Chapters 3 15 and 5 shall expire June 30, [2007] 2012. 16 Section 8. The act is amended by adding a section to read: 17 Section 901.1. Special provisions. 18 (a) Claim.--An applicant for a grant under this act who 19 failed to return a signed agreement for the preceding year shall 20 not be permitted to apply for a grant in the current year, 21 unless the applicant has provided the commissioner with a 22 reasonable written explanation as to why it did not claim its 23 grant. 24 (b) Delinquency.--An applicant for a grant under this act 25 who is delinquent in loan payments to the Pennsylvania Volunteer 26 Loan Assistance Program established under the act of July 15, 27 1976 (P.L.1036, No.208), known as the Volunteer Fire Company, 28 Ambulance Service and Rescue Squad Assistance Act, shall agree 29 to use its grant funds to pay any arrears to the Commonwealth or 30 it will not be qualified to receive a grant. Any organization 20070H0906B2021 - 8 -
1 agreeing to this arrangement who fails to make the payment to 2 the Commonwealth shall be disqualified from applying to the 3 grant program for a period of three years. 4 (c) Demonstration.--An applicant for a grant under this act 5 must demonstrate that it complied with all terms of its grant 6 agreement in the previous year regarding the use of the grant 7 money it received in previous years or it shall not be eligible 8 to receive a grant in the current year. 9 (d) Approval.--An applicant shall not be approved for a 10 grant to be used for purposes other than those stated in section 11 303(a) or 503(a). 12 Section 8.1. Notwithstanding the provisions of section 1720- 13 C(c) of the act of April 9, 1929 (P.L.343, No.176), known as The 14 Fiscal Code, moneys appropriated to the Volunteer Fire Company 15 Grant Program by section 1720-C(c) of The Fiscal Code shall be 16 utilized for payment of grants under Chapters 3 and 5. 17 Section 8.2. For the fiscal year commencing July 1, 2006, 18 grants shall be paid by PAYMENTS OF GRANTS SHALL COMMENCE ON OR <-- 19 AFTER December 14, 2007. For the fiscal year commencing July 1, 20 2007, payments of grants shall commence on or after January 15, 21 2008. 22 Section 9. The Legislative Budget and Finance Committee 23 shall conduct a performance review of the program authorized by 24 this act and shall submit its evaluation of and recommendations 25 regarding the program to the General Assembly no later than 26 February 28, 2012. 27 Section 10. Repeals are as follows: 28 (1) The General Assembly declares that the act repealed 29 under paragraph (2) is obsolete. 30 (2) The act of June 22, 2000 (P.L.477, No.66), known as 20070H0906B2021 - 9 -
1 the Volunteer Fire Company and Volunteer Ambulance Service 2 Grant Act, is repealed. 3 Section 11. The addition of section 901.1(a) of the act 4 shall apply to grants for the fiscal years commencing July 1, 5 2008, and for each fiscal year thereafter. 6 Section 12. This act shall take effect immediately. C20L35SFL/20070H0906B2021 - 10 -