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        PRIOR PRINTER'S NOS. 1058, 1264, 1417,        PRINTER'S NO. 2021
        1526, 1887

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

        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.
















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