SENATE AMENDED

 

PRIOR PRINTER'S NOS. 3346, 4407

PRINTER'S NO.  4469

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2321

Session of

2010

  

  

INTRODUCED BY FAIRCHILD, BEAR, BELFANTI, BRADFORD, CALTAGIRONE, CARROLL, CAUSER, CLYMER, CREIGHTON, DeWEESE, EVERETT, FLECK, GABLER, GEIST, GIBBONS, GODSHALL, GRELL, GROVE, HALUSKA, HARHAI, HARHART, HARKINS, HARRIS, HENNESSEY, HESS, HICKERNELL, M. KELLER, KNOWLES, KULA, MAJOR, MARSHALL, MARSICO, MICOZZIE, MILLARD, MILLER, MOUL, MURT, OBERLANDER, O'NEILL, PICKETT, RAPP, REED, SAYLOR, SIPTROTH, SOLOBAY, SONNEY, STERN, TALLMAN, TRUE, VULAKOVICH, WATSON, YUDICHAK, SWANGER, BEYER, GINGRICH, HORNAMAN AND FARRY, MARCH 12, 2010

  

  

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 12, 2010   

  

  

  

AN ACT

  

1

Amending Titles 4 (Amusements), 18 (Crimes and Offenses) and 35

2

(Health and Safety) of the Pennsylvania Consolidated

3

Statutes, consolidating the Public Safety Emergency Telephone

<--

4

Act; further providing for definitions, for the Wireless

5

E-911 Emergency Services Fund and for funding for support;

6

providing for a legislative study and for termination; 

7

consolidating statutory provisions relating to firefighters,

8

the State Fire Commissioner and grants to fire companies and

9

other services; making editorial changes; and making related

10

repeals.

11

The General Assembly of the Commonwealth of Pennsylvania

12

hereby enacts as follows:

13

Section 1.  Section 1408(b) of Title 4 of the Pennsylvania

14

Consolidated Statutes is amended to read:

15

§ 1408.  Transfers from State Gaming Fund.

16

* * *

17

(b)  Transfer for Volunteer Fire Company Grant Program.--

 


1

Annually, the sum of $25,000,000 shall be transferred from the

2

State Gaming Fund to the Volunteer Fire Company Grant Program

3

established under [the act of July 31, 2003 (P.L.73, No.17),

4

known as the Volunteer Fire Company and Volunteer Ambulance

5

Service Grant Act] 35 Pa.C.S. Ch. 78 (relating to grants to

6

volunteer fire companies and volunteer services).

7

* * *

8

Section 2.  Section 3301(h.1) of Title 18 is amended to read:

9

§ 3301.  Arson and related offenses.

10

* * *

11

[(h.1)  Prohibition on certain service.--A person convicted

12

of violating this section or any similar offense under Federal

13

or State law shall be prohibited from serving as a firefighter

14

in this Commonwealth and shall be prohibited from being

15

certified as a firefighter under section 4 of the act of

16

November 13, 1995 (P.L.604, No.61), known as the State Fire

17

Commissioner Act. Proof of nonconviction must consist of either

18

of the following:

19

(1)  An official criminal history record check obtained

20

pursuant to Chapter 91 (relating to criminal history record

21

information) indicating no arson convictions.

22

(2)  A dated and signed statement by the person swearing

23

to the following:

24

I have never been convicted of an offense that

25

constitutes the crime of "arson and related offenses" under

26

18 Pa.C.S. § 3301 or any similar offense under any Federal or

27

State law. I hereby certify that the statements contained

28

herein are true and correct to the best of my knowledge and

29

belief. I understand that if I knowingly make any false

30

statement herein, I am subject to penalties prescribed by

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1

law, including, but not limited to, a fine of at least

2

$1,000.]

3

* * *

4

Section 2.1.  Title 35 is amended by adding a part to read:

<--

5

PART III

6

PUBLIC SAFETY

7

Chapter

8

53.  Emergency Telephone Service

9

CHAPTER 53

10

EMERGENCY TELEPHONE SERVICE

11

Sec.

12

5301.  Scope of chapter.

13

5302.  Definitions.

14

5303.  Telecommunications management.

15

5304.  Counties.

16

5304.1.  Pennsylvania State Police.

17

5305.  County plan.

18

5306.  Special public meeting.

19

5307.  Collection and disbursement of contribution.

20

5308.  Expenditures for nonrecurring costs, training, mobile

21

communications equipment, maintenance and operation

22

of 911 systems.

23

5309.  Telephone records.

24

5310.  Penalty.

25

5311.  (Reserved).

26

5311.1.  Immunity.

27

5311.2.  Powers and duties of agency.

28

5311.3.  Advisory committee.

29

5311.4.  Wireless E-911 Emergency Services Fund.

30

5311.5.  Disbursement of fund amounts by agency.

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1

5311.6.  Reporting.

2

5311.7.  Public disclosure and confidentiality of information.

3

5311.8.  Wireless provider and VoIP provider records.

4

5311.9.  Immunity.

5

5311.10.  Agency funding for wireless E-911 support.

6

5311.11.  Rate regulation.

7

5311.12.  Regulations.

8

5311.13.  Enforcement.

9

5311.14.  Collection and disbursement of VoIP 911 fee.

10

5312.  (Reserved).

11

5312.1.  Legislative study.

12

5398.  Termination.

13

§ 5301.  Scope of chapter.

14

This chapter relates to emergency telephone service.

15

§ 5302.  Definitions.

16

The following words and phrases when used in this chapter

17

shall have the meanings given to them in this section unless the

18

context clearly indicates otherwise:

19

"911 system."  A system, including enhanced 911 service but

20

excluding a wireless E-911 system, which permits a person

21

dialing 911 by telephone to be connected to a public safety

22

answering point, via normal telephone facilities, for the

23

reporting of police, fire, medical or other emergency

24

situations.

25

"Advisory committee."  The E-911 Emergency Services Advisory

26

Committee.

27

"Agency."  The Pennsylvania Emergency Management Agency.

28

"ALI."  Automatic location information.

29

"ANI."  Automatic number identification.

30

"Associated with Pennsylvania."  The term shall mean:

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1

(1)  In the case of the mobile telephone number (MTN),

2

the geographical location associated with the first six

3

digits or NPA-NXX of the MTN.

4

(2)  In the case of a customer service address, the

5

physical location of the address.

6

"Automatic location information."  The delivery or receipt of

7

the street address of the telephone or the geographic location

8

of the wireless device, as specified in the FCC E-911 Order,

9

being used to place a call to a 911 system or to a wireless

10

E-911 system.

11

"Automatic number identification."  The delivery or receipt

12

of the telephone number assigned to the telephone or wireless

13

device being used to place a call to a 911 system or to a

14

wireless E-911 system.

15

"Commission."  The Pennsylvania Public Utility Commission.

16

"Competitive local exchange carrier."  A local exchange

17

carrier that has been certificated as a competitive local

18

exchange carrier by the Pennsylvania Public Utility Commission.

19

"Consumer."  A person who purchases prepaid wireless

20

telecommunications service or a prepaid wireless device in a

21

retail transaction.

22

"Contribution rate."  A fee assessed against a telephone

23

subscriber for the nonrecurring costs, maintenance and operating

24

costs of a 911 system.

25

"Council."  The Pennsylvania Emergency Management Council.

26

"County."  The term shall include a city of the first class

27

coterminous with a county.

28

"County plan."  A document submitted by the county on a

29

triennial basis to the Pennsylvania Emergency Management Agency

30

outlining its proposed and existing wireline and wireless 911

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1

and E-911 systems and procedures, including a contribution rate,

2

for the forthcoming three years.

3

"Emergency notification services."  Services provided by

4

authorized agencies of Federal, State, county or local

5

governments, or by persons authorized by these governments, that

6

notify the public, using ANI/ALI database information, of

7

emergencies declared by these governments.

8

"Emergency support services."  Information or database 

9

management services provided by authorized agencies of Federal,

10

State, county or local governments, or by persons authorized by

11

these governments, that are used in support of PSAPs or

12

emergency notification services.

13

"Enhanced 911 service" or "E-911."  Emergency telephone

14

service providing for automatic identification of caller

15

location and calling number.

16

"FCC E-911 Order."  All of the following:

17

(1)  All orders issued by the Federal Communications

18

Commission pursuant to the proceeding entitled "Revision of

19

the Commission's Rules to Ensure Compatibility with Enhanced

20

911 Emergency Calling Systems" (CC Docket No. 94-102)

21

codified at 47 CFR § 20.18 (relating to 911 service) and any

22

successor proceeding.

23

(2)  Any Federal Communications Commission order that

24

affects the provision of wireless E-911 service to wireless

25

service customers.

26

"Fund."  The Wireless E-911 Emergency Services Fund.

27

"Interconnected Voice over Internet Protocol provider."  A

28

person engaged in the business of providing VoIP service to end-

29

use customers in this Commonwealth, including resellers.

30

"Interconnected Voice over Internet Protocol service."  

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1

Service as defined by any of the following:

2

(1)  All orders issued by the Federal Communications

3

Commission pursuant to the proceeding entitled "IP-Enabled

4

Services" (WC Docket No. 04-36; FCC 05-116), codified at 47

5

CFR Part 9 (relating to interconnected Voice over Internet

6

Protocol services), and any successor proceeding.

7

(2)  Any Federal Communications Commission order that

8

affects the provision of 911 service or E-911 service to VoIP

9

service customers or further defines interconnected Voice

10

over Internet Protocol service.

11

"Interconnected Voice over Internet Protocol service

12

customer."  A person who is billed by an interconnected Voice

13

over Internet Protocol provider, who is the end user of VoIP

14

service and who has designated a primary place of use within

15

this Commonwealth.

16

"Interexchange carrier."  A person that is authorized by the

17

Pennsylvania Public Utility Commission to provide long-distance

18

telecommunications service.

19

"Local exchange carrier."  A person, including a competitive

20

local exchange carrier, that is authorized by the Pennsylvania

21

Public Utility Commission to provide local exchange

22

telecommunications service or exchange access.

23

"Local exchange telephone service."  The provision of

24

telephonic message transmission within an exchange, as defined

25

and described in tariffs filed with and approved by the

26

Pennsylvania Public Utility Commission.

27

"Mobile telephone number" or "MTN."  The telephone number

28

assigned to a wireless telephone at the time of initial

29

activation.

30

"NPA-NXX."  The first six digits of a ten-digit telephone

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1

number, including a mobile telephone number, representing the

2

area code and exchange of the telephone number.

3

"Person."  The term includes a corporation, a partnership, an

4

association, the Federal Government, the State government, a

5

political subdivision, a municipal or other local authority and

6

a natural person.

7

"Prepaid wireless device."  A wireless telephone that is

8

purchased strictly for the purpose of initiating a prepaid

9

calling service. The term does not include traditional wireless

10

devices used for monthly calling plans.

11

"Prepaid wireless E-911 surcharge."  The charge that is

12

required to be collected by a seller from a consumer in the

13

amount established under section 5311.4(b.1) (relating to

14

Wireless E-911 Emergency Services Fund).

15

"Prepaid wireless provider."  A person that provides prepaid

16

wireless telecommunications service pursuant to a license issued

17

by the Federal Communications Commission.

18

"Prepaid wireless telecommunications service."  A wireless

19

telecommunications service that meets all of the following:

20

(1)  Allows a caller to dial 911 to access the 911

21

system.

22

(2)  Is paid for in advance and sold in predetermined

23

units or dollars of which the number may or may not decline

24

with use in a known amount.

25

"Primary place of use."  The street address representative of

26

where the customer's use of the VoIP service primarily occurs.

27

For the purpose of VoIP 911 fees, primary place of use is the

28

customer's registered location on the date the customer is

29

billed.

30

"PSAP."  A public safety answering point.

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1

"Public agency."  Any of the following:

2

(1)  The Commonwealth.

3

(2)  A political subdivision, public authority or

4

municipal authority.

5

(3)  An organization located in whole or in part within

6

this Commonwealth which provides or has the authority to

7

provide firefighting, law enforcement, ambulance, emergency

8

medical or other emergency services.

9

"Public safety answering point."  The agency-approved first

10

point at which calls for emergency assistance from individuals

11

are answered and which is operated 24 hours a day.

12

"Retail transaction."  The purchase of prepaid wireless

13

telecommunications service or a prepaid wireless device from a

14

seller for any purpose other than resale.

15

"Seller."  A person who sells prepaid wireless

16

telecommunications service or a prepaid wireless device to

17

another person.

18

"Telecommunications carrier."  Any provider of

19

telecommunications services as defined by the Telecommunications

20

Act of 1996 (Public Law 104-104, 110 Stat. 56).

21

"Telephone subscriber."  A person who contracts with a local

22

exchange carrier within this Commonwealth for residential or

23

commercial local exchange telephone service. If the same person

24

has several telephone dial tone access lines, each dial tone

25

access line shall constitute a separate subscription. For

26

purposes of the contribution rate, the term shall not include

27

pay stations owned or operated by a regulated public utility, or

28

nonpublic utilities as the term is used in 66 Pa.C.S. § 2913(b)

29

(relating to minimum service requirement).

30

"Vendor."  A person other than a local exchange carrier or a

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1

wireless provider who supplies 911 or wireless E-911 system

2

services or equipment.

3

"VoIP provider."  Interconnected Voice over Internet Protocol

4

provider.

5

"VoIP service."  Interconnected Voice over Internet Protocol

6

service."

7

"VoIP service customer."  An Interconnected Voice over

8

Internet Protocol service customer.

9

"Wireless E-911 service."  Service provided by a wireless

10

provider, pursuant to the FCC E-911 Order.

11

"Wireless E-911 State plan."  A document to be prepared,

12

maintained and kept current by the Pennsylvania Emergency

13

Management Agency providing for all aspects of the development,

14

implementation, operation and maintenance of a Statewide

15

integrated wireless E-911 system, including the exclusive

16

authority to formulate technical standards and determine

17

permitted uses of and amounts disbursed from the Wireless E-911

18

Emergency Services Fund.

19

"Wireless E-911 surcharge."  A monthly fee assessed upon each

20

wireless service customer, other than a prepaid wireless seller,

21

provider or consumer, subject to the prepaid wireless E-911

22

surcharge under section 5311.4(b.1) (relating to Wireless E-911

23

Emergency Services Fund), for each wireless two-way

24

communication device for which that customer is charged by a

25

wireless provider for wireless service.

26

"Wireless E-911 system."  An E-911 system which permits

27

wireless service customers dialing 911 to be connected to a

28

public safety answering point for the reporting of police, fire,

29

medical or other emergency situations.

30

"Wireless provider."  A person engaged in the business of

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1

providing wireless service to end-use customers in this

2

Commonwealth, including resellers.

3

"Wireless service."  Commercial mobile radio service as

4

defined under section 332(d) of the Communications Act of 1934

5

(48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time,

6

two-way voice service that is interconnected with the public

7

switched telephone network.

8

"Wireless service customer."  A person who is billed by a

9

wireless provider or who receives prepaid wireless telephone

10

service from a wireless provider for wireless service within

11

this Commonwealth.

12

§ 5303.  Telecommunications management.

13

(a)  Powers and duties of agency.--The agency shall have the

14

following powers and duties:

15

(1)  To adopt rules and regulations pursuant to this

16

chapter and promulgate, adopt, publish and use guidelines for

17

the implementation of this chapter. Rules, regulations and

18

guidelines proposed under the authority of this section shall

19

be subject to review by the General Counsel and the Attorney

20

General in the manner provided for the review of proposed

21

rules and regulations pursuant to the act of October 15, 1980

22

(P.L.950, No.164), known as the Commonwealth Attorneys Act,

23

and the act of June 25, 1982 (P.L.633, No.181), known as the

24

Regulatory Review Act.

25

(2)  To establish guidelines and application procedures

26

for the establishment of contribution rates.

27

(3)  To receive, review and approve or disapprove all 911

28

system county plans.

29

(4)  To forward a copy of each county plan application to

30

the council and the commission for their review as required

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1

under this chapter.

2

(5)  To submit an annual report not later than March 1 of

3

each year to the Governor and the General Assembly, which

4

plan includes at least the following:

5

(i)  The extent to which 911 systems currently exist

6

in this Commonwealth.

7

(ii)  Those counties which have completed

8

installation, and the costs and expenses for

9

installation.

10

(iii)  An anticipated schedule for installing a 911

11

system on a county basis for that year.

12

(6)  To establish minimum training and certification

13

standards for emergency dispatchers, call takers and

14

supervisors.

15

(7)  To establish technical standards for the county

16

plans.

17

(8)  To establish standards for performance review and

18

quality assurance programs for 911 systems to ensure public

19

safety and improve the performance of 911 systems.

20

(9)  To establish standards for accuracy of 911 database

21

systems.

22

(10)  To establish a program of communication between the

23

agency and county 911 coordinators for the purpose of sharing

24

information among counties and to develop recommendations to

25

improve 911 systems throughout this Commonwealth.

26

(11)  To prescribe, in cooperation with the council and

27

the commission, the applications and forms necessary to carry

28

out the provisions of this chapter.

29

(12)  To take the actions necessary to implement,

30

administer and enforce the provisions of this chapter.

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1

(b)  Powers and duties of council.--The council shall have

2

the following powers and duties:

3

(1)  To review all county plans, including the initial

4

application forwarded by the agency for conformity to the

5

minimum standards.

6

(2)  To review county plans to determine if equipment

7

conforms to the technical standards.

8

(3)  To recommend approval of plans or indicate

9

deficiencies in plans to the agency.

10

(c)  Powers and duties of commission.--The commission shall

11

have the following powers and duties:

12

(1)  Review the contribution rate requested by the county

13

based on the costs of the plan.

14

(2)  Approve or modify the contribution rate requested by

15

the county and forward its decision to the agency.

16

(d)  Exemption.--The Pennsylvania State Police

17

telecommunications facilities are exempt from the

18

telecommunications management of the agency, council and the

19

commission.

20

§ 5304.  Counties.

21

(a)  Powers and duties.--The board of county commissioners,

22

or, in a home rule county, the appropriate body according to the

23

home rule charter, shall have the following powers and duties in

24

relation to a 911 system and wireless E-911 system:

25

(1)  To designate a member of county government as the

26

county 911 coordinator. The county coordinator shall serve as

27

a point of contact with the agency and shall develop a county

28

plan for the implementation, operation and maintenance of a

29

911 system. Where technologically feasible, the county plan

30

shall be adequate to provide service for the entire county.

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1

(2)  To make arrangements with each telephone company

2

providing local exchange telephone service within the

3

county's jurisdiction to provide 911 service.

4

(3)  To send a copy of the proposed county plan to the

5

appropriate telephone company upon submission of the plan to

6

the agency.

7

(4)  To cooperate with the agency, the council and the

8

commission in the preparation and submission of the county

9

plan and contribution rate.

10

(5)  To execute all contracts, mutual aid agreements,

11

cross-service agreements and all other necessary documents

12

which may be required in the implementation of the county

13

plan.

14

(6)  To obtain annually from each telephone service

15

provider a list of the provider's local telephone exchanges

16

within the county and the addresses of that provider's

17

central offices serving those exchanges. Without exception,

18

the service provider shall provide the list to the board.

19

(7)  To notify the agency and all adjacent counties of

20

the local telephone exchanges which provide telephone service

21

to residents within the county, specifically noting exchanges

22

known to provide telephone service to residents of more than

23

one county. Notice shall be provided at the time the county

24

plan is submitted to the agency and when local telephone

25

service is newly initiated for local telephone exchange

26

within the county.

27

(8)  To cooperate with the Pennsylvania State Police.

28

Subject to subparagraphs (i) through (iii), a county that

29

utilizes ANI/ALI database services shall, upon request of the

30

Commissioner of the Pennsylvania State Police or the designee

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1

of the commissioner, provide authority to access all ANI/ALI

2

database information relating to 911 calls for emergency

3

services, whether the database is held by the county or by a

4

commercial entity.

5

(i)  In order to ensure that no county or PSAP

6

experiences degradation of service or additional costs as

7

a result of complying with this subsection:

8

(A)  the Pennsylvania State Police shall provide,

9

at its cost, any equipment, computer software or

10

telecommunications equipment or services, exclusive

11

of recurring personnel costs for county personnel,

12

that are necessary to enable its access to any

13

ANI/ALI database information; and

14

(B)  all means of access must be approved by the

15

county, PSAP and the Pennsylvania State Police before

16

the county is required to authorize or provide the

17

access. In the event of a dispute between the

18

Pennsylvania State Police and a county or PSAP

19

regarding approval by the county and PSAP, the

20

dispute shall be mediated by the Office of

21

Information Technology of the Commonwealth's Office

22

of Administration. The Office of Information

23

Technology may bring in a Commonwealth mediator from

24

the Office of General Counsel to provide assistance

25

in resolving the dispute.

26

(ii)  The ANI/ALI database information to which

27

access is authorized or enabled under this paragraph or

28

section 5304.1(a)(3) (relating to Pennsylvania State

29

Police) shall be used only in providing emergency

30

response services to a 911 call. A person who uses or

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1

discloses the ANI/ALI database information under this

2

subparagraph for any other purpose commits a misdemeanor

3

of the third degree.

4

(iii)  Nothing contained in this paragraph shall be

5

construed to impose on wireless providers any obligations

6

beyond those created by applicable Federal Communications

7

Commission orders and regulations. Public agencies,

8

counties, PSAPs and wireless providers shall not be

9

liable to any person for errors in any of the ANI/ALI

10

database information which may be accessed by or provided

11

to the Pennsylvania State Police under this paragraph.

12

(9)  To comply with reporting requirements established by

13

the agency.

14

(b)  Persons outside county.--When an individual physically

15

resides in an adjacent county but receives local exchange

16

telephone service from a central office in a county which

17

provides 911 service, it shall be the responsibility of the

18

county with the 911 service to notify the appropriate public

19

agency of a request for emergency service from the individual.

20

(c)  Cities of second class, second class A and third

21

class.--A city of the second class, second class A or third

22

class that has established a 911 system prior to September 4,

23

1990, may exercise the powers and duties of counties under this

24

chapter. A city of the second class, second class A or third

25

class that has not established a 911 system prior to September

26

4, 1990, may exercise the powers and duties of counties under

27

this chapter only when the county has chosen not to exercise

28

those powers and duties. The powers and duties granted to cities

29

under this section shall be applicable and may be exercised only

30

within the boundaries of the city. No action by a city under

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1

this section shall preempt the powers and duties of a county to

2

establish a 911 system outside the boundaries of the city at any

3

time. The agency may establish regulations governing the

4

exercise of powers and duties granted to cities of the second

5

class, second class A and third class by this section.

6

§ 5304.1.  Pennsylvania State Police.

7

(a)  Powers and duties.--The Commissioner of the Pennsylvania

8

State Police, or the designee of the commissioner, shall have

9

the following powers and duties in relation to a Pennsylvania

10

State Police telecommunications facility:

11

(1)  To designate, with specificity, which Pennsylvania

12

State Police facilities shall be considered Pennsylvania

13

State Police telecommunications facilities under this

14

chapter.

15

(2)  To designate a commander of a Pennsylvania State

16

Police telecommunications facility, who shall serve as the

17

point of contact with the agency and the counties and shall

18

oversee the implementation, operation and maintenance of a

19

Pennsylvania State Police telecommunications facility. A

20

Pennsylvania State Police facility shall, where

21

technologically feasible, be adequate to provide service to

22

the designated area of coverage.

23

(3)  To request authority to access ANI/ALI database 

24

information relating to 911 calls for emergency services from

25

the counties and PSAPs within the designated area of coverage

26

of a Pennsylvania State Police telecommunications facility.

27

No county or PSAP shall be required to comply with such a

28

request unless it is made by the Commissioner of the

29

Pennsylvania State Police or the designee of the commissioner

30

under section 5304(a)(8) (relating to counties).

- 17 -

 


1

(4)  To provide training and certification for all call

2

takers/dispatchers and call taker/dispatcher supervisors that

3

meet or exceed the training and certification standards that

4

are provided for in 4 Pa. Code Ch. 120c (relating to training

5

and certification standards for 911 emergency communications

6

personnel) or any successor standard.

7

(b)  Ineligible reimbursement.--The Pennsylvania State Police

8

is not eligible to receive reimbursement from the money

9

collected from the contribution rate or wireless E-911

10

surcharge, nor may the Pennsylvania State Police impose a

11

monthly contribution rate upon the telephone subscribers on the

12

local exchange access line or any wireless E-911-related

13

surcharge upon wireless service customers.

14

§ 5305.  County plan.

15

(a)  Minimum standards.--Upon the agreement of the governing

16

body of a county to establish a 911 system, a plan shall be

17

drafted meeting at least the standards promulgated by the

18

agency. The county may obtain technical assistance from the

19

agency in formulating its plan. Each 911 plan shall be designed

20

to meet the individual circumstances of each community and the

21

public agencies participating in the 911 system.

22

(b)  Completion.--Upon completion of the plan, the county

23

shall forward it to the agency, with a copy of the plan being

24

sent to those telephone companies affected by the plan. When the

25

plan is submitted to the agency, the county shall also provide

26

each adjacent county with a list of local telephone exchanges

27

included in the plan, specifically noting exchanges known to

28

provide telephone service to residents of more than one county.

29

(c)  Agency review.--

30

(1)  The agency shall review each county plan for

- 18 -

 


1

completeness and shall forward a copy of the county plan and

2

the proposed contribution rate to the council and the

3

commission for review as required by this section.

4

(2)  After the county plan has been reviewed by the

5

council and the commission, the agency shall approve or

6

reject a county plan based on the recommendations of the

7

council and the commission.

8

(3)  If the county plan is rejected, the agency shall

9

return the county plan and explain the deficiencies that

10

caused the rejection.

11

(d)  Council review.--The council shall have 90 days to

12

review the plan and make suggested revisions to the plan. The

13

agency may act as agent for the council in the administration of

14

the plan approval process.

15

(e)  Commission review.--

16

(1)  The commission shall review the county plan only in

17

relation to the contribution rate and may modify only those

18

contribution rates which it finds excessive to meet the costs

19

stated in the plan. The rates shall be reviewed and a

20

decision forwarded to the agency within 90 days of the date

21

of submission.

22

(2)  If the commission fails to review the contribution

23

rate within 90 days, the contribution rate will be deemed

24

approved by the commission.

25

(f)  Present systems.--

26

(1)  A county which has a present 911 system may

27

establish a contribution rate to cover nonrecurring and

28

operating costs of an existing 911 system by using the same

29

contribution rate approval mechanism as a new 911 system for

30

the purposes of this chapter.

- 19 -

 


1

(2)  A county which did not have a 911 system in

2

operation on September 4, 1990, but which awarded a contract

3

for a 911 system prior to September 4, 1990, shall be

4

considered to have a present system.

5

(g)  Regional systems.--Nothing in this chapter shall be

6

construed to prohibit the formation of multijurisdictional or

7

regional 911 systems, and any regional system established under

8

this chapter shall include the territory of two or more

9

counties.

10

(g.1)  Contribution rate.--

11

(1)  Counties of the first through second class A may

12

impose a monthly contribution rate in an amount not to exceed

13

$1 per line on each local exchange access line. Counties of

14

the third through fifth class may impose monthly contribution

15

rates in an amount not to exceed $1.25 per line on each local

16

exchange access line. Counties of the sixth through eighth

17

class may impose a monthly contribution rate in an amount not

18

to exceed $1.50 per line on each local exchange access line.

19

(2)  The following shall apply:

20

(i)  The contribution rate may be used by counties

21

for the expenses of implementing, expanding or upgrading

22

a 911 system.

23

(ii)  Expenses eligible for reimbursement through the

24

contribution rate shall include telephone terminal

25

equipment, trunk line service installation, network

26

changes, building of initial database and any other

27

nonrecurring costs to establish a 911 system. The

28

contribution rate may also be used to fund recurring

29

costs under section 5308(b) (relating to expenditures for

30

nonrecurring costs, training, mobile communications

- 20 -

 


1

equipment, maintenance and operation of 911 systems).

2

(iii)  Expenses not eligible for reimbursement

3

through the contribution rate shall include purchase of

4

real estate, cosmetic remodeling, central office

5

upgrades, hiring of dispatchers, ambulances, fire engines

6

or other emergency vehicles, utilities, taxes and other

7

expenses as determined by the Pennsylvania Emergency

8

Management Agency.

9

(h)  Contribution rate changes.--

10

(1)  Once a plan and contribution rate have been

11

established, the contribution rate shall remain fixed for a

12

period of at least three years. Updating and expanding the

13

present system shall require an amended plan to be filed with

14

the agency. The contribution rate shall remain fixed for

15

three years even if the present system is updated and

16

expanded.

17

(2)  A request for a contribution rate change must be

18

submitted to the agency, and the agency shall forward the

19

request to the commission for approval as provided under

20

subsection (e).

21

(3)  A contribution rate increase shall not be permitted

22

more often than every three years and shall not take effect

23

unless approved by the commission.

24

(i)  Assessment.--

25

(1)  The money collected from the telephone contribution

26

rate shall be utilized for payments of nonrecurring and

27

recurring costs of a 911 system.

28

(2)  The contribution rate may be imposed at any time

29

subsequent to the execution of a contract with the provider

30

of a 911 service at the discretion of the governing body of

- 21 -

 


1

the county and pursuant to approval of the county plan and

2

contribution rate under the provisions of this section.

3

(3)  The money collected from the contribution rate:

4

(i)  Is a county fee collected by the telephone

5

company.

6

(ii)  Shall not subject be to taxes or charges levied

7

on or by the telephone company.

8

(iii)  Shall not be considered revenue of the

9

telephone company for any purpose.

10

§ 5306.  Special public meeting.

11

(a)  Public comment.--Before a county may establish a

12

contribution rate for nonrecurring and recurring costs under

13

this chapter, it must obtain public comment from the residents

14

of the county.

15

(b)  Requirements.--The proposed contribution rate shall be

16

fixed by the governing body of the county in the following

17

manner:

18

(1)  The governing body shall cause notice of intention

19

to fix the contribution rate at a special public meeting on a

20

date certain to be published in a newspaper of general

21

circulation at least ten days in advance of the special

22

public meeting. The notice shall include the precise amount

23

of the proposed monthly contribution rate.

24

(2)  The special public meeting shall be held during the

25

hours of 6 p.m. to 9 p.m., prevailing time, so as to afford

26

the public the greatest opportunity to attend.

27

(3)  The special meeting shall be held in a centrally

28

located area of the county.

29

§ 5307.  Collection and disbursement of contribution.

30

(a)  Subscribers' contribution.--

- 22 -

 


1

(1)  Each service supplier that provides local exchange

2

telephone service within the county shall collect the

3

contribution from each subscriber and forward the collection

4

quarterly less the actual uncollectibles experienced by the

5

local exchange telephone companies to the county treasurer

6

or, in a home rule county, the county official responsible

7

for the collection and disbursement of funds.

8

(2)  The amount of the subscribers' contribution shall be

9

stated separately in the telephone subscribers' billing.

10

(3)  Each service supplier shall retain the fair and

11

reasonable cost to establish the 911 contribution rate

12

billing system and an amount not to exceed 2% of the gross

13

receipts collected to cover actual administrative costs.

14

(b)  Subscribers' contribution for multiple line systems.--In

15

the case of Centrex or similar multiple line system subscribers,

16

except PBX subscribers, the following multipliers shall be

17

applied to determine the contribution rate of each subscriber:

18

(1)  For the first 25 lines, each line shall be billed at

19

the approved contribution rate.

20

(2)  For lines 26 through 100, each line shall be billed

21

at 75% of the approved contribution rate.

22

(3)  For lines 101 through 250, each line shall be billed

23

at 50% of the approved contribution rate.

24

(4)  For lines 251 through 500, each line shall be billed

25

at 20% of the approved contribution rate.

26

(5)  For lines 501 or more, each line shall be billed at

27

17.2% of the approved contribution rate.

28

(c)  Restricted account.--

29

(1)  The county treasurer or, in a home rule county, the

30

county official responsible for the collection and

- 23 -

 


1

disbursement of funds shall deposit the money received in an

2

interest-bearing restricted account used solely for the

3

purpose of nonrecurring and recurring charges billed for the

4

911 system and for the purpose of making payments under

5

subsection (d).

6

(2)  The governing body of the county shall make an

7

annual appropriation from the account for the 911 system,

8

subject to the provisions of subsection (d), and may retain

9

up to 1% of the gross receipts collected to cover

10

administrative costs.

11

(3)  If the 911 system is discontinued or a county fails

12

to implement a 911 system within three years from the

13

imposition of a monthly contribution rate, any money

14

remaining in the restricted account after all payments to the

15

911 service supplier have been made shall be transferred to

16

the general fund of the county or proportionately to the

17

general funds of each participating public agency.

18

(d)  Reimbursement to municipalities.--The county treasurer

19

or, in a home rule county, the county official responsible for

20

the collection and disbursement of funds shall, on a quarterly

21

basis, pay from funds of the restricted account to a

22

municipality which operates a 911 system a sum of money not less

23

than that contributed by the telephone subscribers of that

24

municipality to the county 911 system, less the applicable

25

service supplier administrative cost provided by subsection (a)

26

and the applicable county administrative cost provided by

27

subsection (c).

28

(e)  Collection enforcement.--

29

(1)  The local exchange telephone company shall not be

30

required to take any legal action to enforce the collection

- 24 -

 


1

of any charge imposed under this chapter. Action may be

2

brought by or on behalf of the public agency imposing the

3

charge.

4

(2)  The local exchange telephone company shall annually

5

provide, upon request of the governing body of the county, a

6

list of the names and addresses of those service users which

7

carry a balance that can be determined by the telephone

8

company to be the nonpayment of any charge imposed under this

9

chapter.

10

(3)  The local exchange telephone company shall not be

11

liable for uncollectible amounts.

12

(f)  Prohibition against release of information.--Neither the

13

county treasurer, the agency, nor any employee, agent or

14

representative of a PSAP or public agency shall divulge any

15

information acquired with respect to any wireline telephone

16

service provider, its customers, revenues or expenses, trade

17

secrets, access line counts, commercial information and other

18

proprietary information while acting or claiming to act as the

19

employee, agent or representative, and all information shall be

20

kept confidential except that aggregations of information which

21

do not identify or effectively identify numbers of customers,

22

revenues or expenses, trade secrets, access lines, commercial

23

information and other proprietary information attributable to

24

any individual wireline telephone service provider may be made

25

public.

26

§ 5308.  Expenditures for nonrecurring costs, training, mobile

27

communications equipment, maintenance and operation

28

of 911 systems.

29

(a)  Expenditures authorized.--During a county's fiscal year,

30

the county may expend the amounts distributed to it from the

- 25 -

 


1

contribution rate for the nonrecurring costs, training, costs

2

for mobile communications equipment, maintenance and operation

3

of a county 911 system.

4

(b)  Items included in nonrecurring costs, training, mobile

5

communications equipment, maintenance and operation costs.--

6

(1)  Maintenance and operation costs may include

7

telephone company charges, equipment costs or equipment lease

8

charges, repairs, utilities, development and maintenance of a

9

master street address guide, erection of street signs on

10

State and local highways, database maintenance costs,

11

personnel training, salary and benefit costs which are

12

directly related to the provision of 911 services and costs

13

for mobile communications equipment, audit costs and

14

appropriate carryover costs from previous years.

15

(2)  Maintenance and operation costs shall not include

16

any cost necessary to house the 911 system.

17

(3)  No more than 70% of the contribution rate collected

18

during a county's fiscal year may be utilized to fund

19

personnel training, salary and benefit costs.

20

(c)  Limitations on expenditures.--

21

(1)  The agency shall adopt procedures to assure that the

22

total amount collected from the 911 contribution rate shall

23

be expended only for the nonrecurring costs, costs for mobile

24

communications equipment, maintenance and operation of a

25

county 911 system.

26

(2)  Nonrecurring costs shall be amortized over a minimum

27

of three years.

28

(d)  Triennial financial audit.--

29

(1)  The agency shall require a triennial audit of each

30

county's collection and disbursement of contribution rate

- 26 -

 


1

funds and expenditures for the nonrecurring costs, training,

2

costs for mobile communications equipment, maintenance and

3

operation of 911 systems.

4

(2)  The triennial audit cost shall be paid by the

5

respective county from contribution rate revenues and shall

6

be conducted consistent with guidelines established by the

7

agency.

8

(e)  Public education.--A county may use money received from

9

the imposition of the contribution rate to educate the public on

10

the 911 system. The education may include, but is not limited

11

to, confirming with all residents of the county their actual

12

street addresses.

13

§ 5309.  Telephone records.

14

(a)  Access.--A telephone service supplier shall provide

15

customer telephone numbers, names and service addresses to PSAPs

16

when requested by them for use in responding to 911 calls and,

17

when required, to providers of emergency notification services

18

and emergency support services, solely for the purposes of

19

delivering or assisting in the delivery of emergency

20

notification services and emergency support services. A wireless

21

provider shall provide the telephone number and geographical

22

location of the wireless device, as required under the FCC E-911

23

Order, to PSAPs when requested by them for use in responding to

24

911 calls. Customer telephone numbers, names and service

25

addresses, and telephone numbers and geographical locations of

26

wireless devices, shall remain the property of the disclosing

27

service supplier. The total cost of the 911 system or wireless

28

E-911 system shall include expenses to reimburse telephone

29

service suppliers for providing and maintaining 911 information.

30

A telephone service supplier shall not be reimbursed directly

- 27 -

 


1

from the fund for providing and maintaining 911 information.

2

This information shall be used only in providing emergency

3

response services to a 911 call or for purposes of delivering or

4

assisting in the delivery of emergency notification services or

5

emergency support services, except as provided in subsection

6

(c). A person who uses or discloses ANI/ALI database information

7

for purposes other than providing emergency response services to

8

a 911 call, delivering or assisting in the delivery of emergency

9

notification services or emergency support services or other

10

than as provided in subsection (c) commits a misdemeanor of the

11

third degree.

12

(b)  Privacy waived.--Private listing service customers in a

13

911 service district shall waive the privacy afforded by

14

nonlisted and nonpublished numbers with respect to the delivery

15

of emergency services.

16

(c)  Immunity.--No telephone company, wireless provider,

17

vendor or agent, employee or director of a telephone company,

18

providers of emergency notification services or providers of

19

emergency support services shall be liable to any person who

20

directly or indirectly uses the 911 emergency service or

21

wireless E-911 emergency service established under this chapter

22

or provides information to 911 systems or wireless E-911 systems

23

with respect to the delivery of emergency services:

24

(1)  for release to PSAPs, providers of emergency

25

notification services or providers of emergency support

26

services of information specified in this section, including

27

nonpublished telephone numbers;

28

(2)  for release to the commission, the Federal

29

Communications Commission or any other Federal or

30

Commonwealth agency with the authority to regulate the

- 28 -

 


1

provision of telecommunications services, of telephone

2

company information specified in this section that is not

3

already part of public records, including, as applicable,

4

information regarding numbers of lines served by an

5

individual company but excluding nonpublic information

6

regarding the company's individual customer names, addresses

7

and telephone numbers; or

8

(3)  for interruptions, omissions, defects, errors,

9

mistakes or delays in transmission occurring in the course of

10

the delivery of emergency services or wireless E-911 service

11

under this chapter, unless the interruptions, omissions,

12

defects, errors, mistakes or delays are caused by the willful

13

or wanton misconduct of the telephone company, wireless

14

provider or vendor, their agents, employees or directors.

15

Nothing in this paragraph may preclude the application of any

16

commission tariff or regulation within its jurisdiction

17

pertaining to allowances for telephone service interruptions.

18

§ 5310.  Penalty.

19

A person who intentionally calls the 911 emergency number for

20

other than emergency purposes commits a misdemeanor of the third

21

degree.

22

§ 5311.  (Reserved).

23

§ 5311.1.  Immunity.

24

A 911 system or a wireless E-911 system run by county and

25

local governments shall be a local agency which shall enjoy

26

local governmental immunity as provided under 42 Pa.C.S. Ch. 85

27

Subch. C (relating to actions against local parties).

28

§ 5311.2.  Powers and duties of agency.

29

(a)  Administration.--The agency shall have the following

30

powers and duties in relation to a wireless E-911 system:

- 29 -

 


1

(1)  To designate at least one employee of the agency who

2

shall serve as a point of contact at the agency for all

3

matters involving wireless E-911 systems in this

4

Commonwealth.

5

(2)  To oversee the development, implementation,

6

operation and maintenance of a Statewide integrated wireless

7

E-911 system, formulate technical standards and determine

8

permitted uses of and amounts disbursed from the Wireless

9

E-911 Emergency Services Fund, including the costs of PSAPs

10

and wireless providers that are eligible for payment from the

11

fund.

12

(3)  To approve each county's county plan, or amendment

13

to its agency-approved county plan, incorporating wireless

14

E-911 service capabilities as may be submitted by the county

15

to the agency.

16

(b)  Wireless E-911 State plan.--The agency shall prepare,

17

maintain and keep current, after adequate public notice and

18

opportunity to comment and after consideration of the

19

recommendations of the wireless subcommittee of the advisory

20

committee, a wireless E-911 State plan providing for all aspects

21

of the development, implementation, operation and maintenance of

22

a Statewide integrated wireless E-911 system in accordance with

23

the FCC E-911 Order. Under the plan, the agency shall:

24

(1)  Establish model agreements for mutual aid

25

agreements, cross-service agreements, service contracts and

26

all other documents by and among public agencies, PSAPs and

27

wireless providers that may be required in the implementation

28

of the wireless E-911 State plan, review the agreements and

29

documents for consistency with the applicable county plan and

30

assist the parties in assuring their execution.

- 30 -

 


1

(2)  Require each wireless provider to notify the agency

2

of each county in which it is licensed on March 29, 2004, and

3

provides wireless service and, at the time new service is

4

initiated, each county in which it is licensed and initiates

5

wireless service; and to notify counties of wireless service

6

within each county, specifically noting wireless service to

7

more than one county. In the event of disputes among PSAPs

8

regarding the PSAP to which a wireless provider routes 911

9

calls, the routing shall be determined by the agency.

10

(3)  Establish uniform Statewide standards for the format

11

and content of wireless automatic location information and

12

wireless automatic number identification, which standards

13

shall be the standards adopted by the National Emergency

14

Number Association, as amended by that organization. Wireless

15

providers will use the applicable National Emergency Number

16

Association data transmission format standards to deliver the

17

data to the wireless E-911 system.

18

(4)  Forward a copy of the completed plan and any

19

revision of the plan to all affected counties, PSAPs,

20

wireless providers, local exchange carriers, competitive

21

local exchange carriers and interexchange carriers.

22

(5)  Require each wireless provider to provide the agency

23

with a 24-hour, seven-days-a-week contact telephone number or

24

pager number for use by PSAPs in emergency situations.

25

§ 5311.3.  Advisory committee.

26

(a)  Establishment.--There is established an advisory

27

committee to be known as the E-911 Emergency Services Advisory

28

Committee.

29

(b)  Members.--The advisory committee shall be comprised of

30

the following persons:

- 31 -

 


1

(1)  The director of the agency or his designee, who

2

shall act as chairperson.

3

(2)  Two county commissioners.

4

(3)  Four county 911 program managers.

5

(4)  Four wireless providers licensed by the Federal

6

Communications Commission.

7

(5)  Two landline telephone service provider

8

representatives.

9

(6)  Two representatives each from fire services,

10

emergency medical services and police.

11

(7)  The chairman and minority chairman of the

12

Communications and Technology Committee of the Senate and the

13

chairman and minority chairman of the Veterans Affairs and

14

Emergency Preparedness Committee of the House of

15

Representatives, or their designees.

16

The Governor, upon recommendation of the applicable Statewide

17

organizations, associations and industry segments, shall appoint

18

the committee members, who will each serve a two-year term.

19

Advisory committee membership shall be limited to one

20

representative per organization or corporate entity.

21

(c)  Roles and responsibilities.--The advisory committee

22

shall make recommendations to the agency regarding the

23

formulation of technical, administrative and operational

24

standards for use in overseeing 911 programs Statewide.

25

(d)  Reimbursement.--The members of the advisory committee

26

shall serve without compensation but shall be reimbursed for

27

their actual and necessary travel and other expenses in

28

connection with attendance at meetings called by the

29

chairperson.

30

(e)  Advisory committee subcommittees.--The chairperson may

- 32 -

 


1

create, within the committee membership, subcommittees to study

2

and address specific technical and program areas:

3

(1)  A wireless subcommittee shall be created as a

4

permanent subcommittee and shall consist of the following

5

persons:

6

(i)  The advisory committee chairperson.

7

(ii)  Two county commissioners.

8

(iii)  Four county 911 program managers.

9

(iv)  Four representatives of wireless providers

10

licensed by the Federal Communications Commission.

11

(v)  Two landline telephone service provider

12

representatives.

13

(2)  Wireless subcommittee roles and responsibilities:

14

(i)  To advise the agency regarding the development,

15

implementation, operation and maintenance of a Statewide

16

integrated wireless E-911 system.

17

(ii)  To make recommendations to the agency regarding

18

the preparation and periodic revision of a wireless E-911

19

State plan providing for the development, implementation,

20

operation and maintenance of a Statewide integrated

21

wireless E-911 system in accordance with the FCC E-911

22

Order.

23

(iii)  To make recommendations to the agency

24

regarding the approval or disapproval of wireless

25

provider service agreements and the formulation of

26

technical standards.

27

(iv)  To make recommendations to the agency regarding

28

the development of guidelines, rules and regulations

29

required to address the administration of the Statewide

30

E-911 wireless plan and the disbursement of money from

- 33 -

 


1

the Wireless E-911 Emergency Services Fund.

2

(v)  To make recommendations to the agency regarding

3

the development of the annual report required of the

4

agency by this chapter, including, but not limited to,

5

recommendations concerning adjustments of the wireless

6

E-911 surcharge.

7

§ 5311.4.  Wireless E-911 Emergency Services Fund.

8

(a)  Establishment of fund.--There is established in the

9

State Treasury a nonlapsing restricted interest-bearing account

10

to be known as the Wireless E-911 Emergency Services Fund. The

11

fund shall consist of the fees collected under subsections (b)

12

and (b.1), funds appropriated by the General Assembly and of

13

funds from another source, private or public. Money in the fund

14

and the interest it accrues is appropriated to the Pennsylvania

15

Emergency Management Agency to be disbursed by the agency. The

16

money in the fund shall be used only for the following costs:

17

(1)  PSAP and wireless provider costs resulting from

18

compliance with the FCC E-911 Order, including development,

19

implementation and testing, operation and maintenance of a

20

Statewide integrated wireless E-911 system. Costs paid from

21

the fund must be eligible recurring or nonrecurring costs as

22

determined by the agency in accordance with sections

23

5311.2(a) (relating to powers and duties of agency) and

24

5311.5 (relating to disbursement of fund amounts by agency)

25

for wireless E-911 service provided in accordance with the

26

FCC E-911 Order or a county plan or amended county plan

27

approved by the agency.

28

(2)  The agency-approved costs of PSAPs specified in

29

section 5308(b) (relating to expenditures for nonrecurring

30

costs, training, mobile communications equipment, maintenance

- 34 -

 


1

and operation of 911 systems) that relate directly or

2

indirectly to the provision of wireless E-911 service, to the

3

extent:

4

(i)  the costs are not included in the costs paid

5

under paragraph (1) and the approved E-911 costs provided

6

in paragraph (1) have been reimbursed; and

7

(ii)  the costs do not exceed the percentage of the

8

actual ratio of demonstrated wireless calls to

9

demonstrated total emergency call volume times the amount

10

of money in the fund, and further:

11

(A)  The amount of the costs that may be

12

reimbursed is limited to 25% of the fund if a

13

majority of wireless providers serving the geographic

14

area covered by the PSAP have been tested and

15

accepted by the PSAP for wireless E-911 Phase I

16

service.

17

(B)  The amount of the costs that may be

18

reimbursed is limited to 50% of the fund if all of

19

the wireless providers serving the geographic area

20

covered by the PSAP have been tested and accepted by

21

the PSAP for wireless E-911 Phase I service.

22

(C)  The amount of the costs that may be

23

reimbursed is limited to 75% of the fund if a

24

majority of wireless providers serving the geographic

25

area covered by the PSAP have been tested and

26

accepted by the PSAP for wireless E-911 Phase II

27

service.

28

(D)  The amount of the costs that may be

29

reimbursed is limited to 100% of the fund if all of

30

the wireless providers serving the geographic area

- 35 -

 


1

covered by the PSAP have been tested and accepted by

2

the PSAP for wireless E-911 Phase II service.

3

(iii)  If, under an FCC E-911 waiver, a wireless

4

provider is temporarily relieved of its obligation to

5

provide wireless E-911 Phase II service in the geographic

6

area covered by a requesting PSAP, the wireless carrier

7

shall be disregarded in the determinations to be made

8

under subparagraphs (i) and (ii) until the wireless

9

carrier's obligation to provide wireless E-911 Phase II

10

service again becomes effective.

11

(b)  Wireless E-911 surcharge.--Each wireless service

12

customer shall pay a fee, to be known as a wireless E-911

13

surcharge, in an amount of $1 per month for each device that

14

provides wireless service for which that customer is billed by a

15

wireless provider for wireless service. The fee shall be

16

collected apart from and in addition to a fee levied by the

17

wireless provider in whole or in part for the provision of 911

18

services.

19

(1)  Wireless providers shall collect the fee on behalf

20

of the agency as part of their billing process and shall have

21

no obligation to take any legal action to enforce the

22

collection of the surcharge. Action may be brought by or on

23

behalf of the agency. Upon written request of the agency,

24

each wireless provider shall annually provide a list of the

25

names and addresses of those wireless service customers

26

carrying a balance that have failed to pay the wireless E-911

27

surcharge. The wireless provider shall not be liable for the

28

unpaid amounts.

29

(2)  If a wireless provider receives a partial payment

30

for a monthly bill from a wireless service customer, the

- 36 -

 


1

wireless provider shall apply the payment against the amount

2

the wireless service customer owes the wireless provider

3

first and shall remit to the State Treasurer the lesser

4

amount, if any, resulting from the application.

5

(3)  The fees collected under this subsection shall not

6

be subject to taxes or charges levied by the Commonwealth or

7

a political subdivision of this Commonwealth, nor shall the

8

fees be considered revenue of the wireless provider for any

9

purpose.

10

(4)  The provisions of this subsection shall not apply to

11

sellers, providers or consumers of prepaid wireless

12

telecommunications service.

13

(b.1)  Prepaid wireless E-911 surcharge.--

14

(1)  There is imposed a prepaid wireless E-911 surcharge

15

of $1 per retail transaction or the adjusted surcharge, if

16

any, established under paragraph (5). The $1 surcharge shall

17

be applied to the cost of each retail transaction regardless

18

of whether the service or prepaid wireless device was

19

purchased in person, by telephone, through the Internet or by

20

any other method.

21

(2)  A prepaid wireless E-911 surcharge shall be

22

collected by the seller from the consumer for each retail

23

transaction occurring in this Commonwealth. The amount of the

24

prepaid wireless E-911 surcharge shall be either separately

25

stated on an invoice, receipt or other similar document that

26

is provided to the consumer by the seller or otherwise

27

disclosed to the consumer. A retail transaction that is

28

effected in person by a consumer at a business location of

29

the seller shall be treated as occurring in this Commonwealth

30

if that business location is in this Commonwealth, and any

- 37 -

 


1

other retail transaction shall be treated as occurring in

2

this Commonwealth if the retail transaction is treated as

3

occurring in this Commonwealth for the purposes of section

4

202(e.1) of the act of March 4, 1971 (P.L.6, No.2), known as

5

the Tax Reform Code of 1971.

6

(3)  A prepaid wireless E-911 surcharge is a liability of

7

the consumer and not of the seller or any provider, except

8

that the seller shall be liable to remit the prepaid wireless

9

E-911 surcharges that the seller collects from consumers as

10

provided under paragraph (6), including the charges that the

11

seller is deemed to collect if the amount of the surcharge

12

has not been separately stated in an invoice, receipt or

13

other similar document provided to the consumer by the

14

seller.

15

(4)  The amount of the prepaid wireless E-911 surcharge

16

that is collected by a seller from a consumer, whether or not

17

the amount is separately stated on an invoice, receipt or

18

similar document provided to the consumer by the seller,

19

shall not be included in the base for measuring a tax, fee,

20

surcharge or other charge that is imposed by the

21

Commonwealth, a political subdivision or an intergovernmental

22

agency.

23

(5)  The prepaid wireless E-911 surcharge shall be

24

proportionately increased or reduced, as applicable, upon any

25

change to the wireless E-911 surcharge imposed under

26

subsection (b). The increase or reduction shall be effective

27

on the effective date of the change to the surcharge imposed

28

under subsection (b) or, if later, the first day of the first

29

calendar month to occur at least 60 days after the effective

30

date of the change to the surcharge imposed under subsection

- 38 -

 


1

(b). The Department of Revenue shall provide not less than 30

2

days' notice of an increase or reduction on its public

3

Internet website.

4

(6)  Prepaid wireless E-911 surcharges collected by a

5

seller shall be remitted to the Department of Revenue at the

6

times provided under Article II of the Tax Reform Code of

7

1971. The department shall establish payment procedures that

8

substantially coincide with the payment procedures of Article

9

II of the Tax Reform Code of 1971, except the department may

10

require the filing of returns and the payment of the

11

surcharge by electronic means.

12

(7)  During the first 180 days after the effective date

13

of this section, a seller may deduct and retain 35% of the

14

prepaid wireless surcharges collected by the seller from

15

consumers for direct start-up costs. After the implementation

16

period, a seller may deduct and retain up to 3% of prepaid

17

wireless E-911 surcharges that are collected by the seller

18

from consumers for administrative purposes.

19

(8)  The assessment, audit, appeal, collection and

20

enforcement procedures and other pertinent provisions

21

applicable to the sales and use tax imposed under Article II

22

of the Tax Reform Code of 1971 shall apply to prepaid

23

wireless E-911 surcharges.

24

(9)  The department shall establish procedures by which a

25

seller of prepaid wireless telecommunications service may

26

document that a sale is not a retail transaction, which

27

procedures shall substantially coincide with the procedures

28

for documenting sale for resale transactions for sales and

29

use tax purposes under Article II of the Tax Reform Code of

30

1971.

- 39 -

 


1

(10)  The department shall pay all remitted prepaid

2

wireless E-911 surcharges to the State Treasurer for deposit

3

into the fund within 30 days of receipt, for use as provided

4

in this chapter. The department may retain up to 2% of

5

remitted surcharges to pay for department expenses directly

6

related to the costs of administering the collection and

7

remittance of prepaid wireless E-911 surcharges.

8

(11)  The provisions of section 5311.9 (relating to

9

immunity) shall apply to providers and sellers of prepaid

10

wireless telecommunications service.

11

(12)  The prepaid wireless E-911 surcharge shall be the

12

only E-911 funding obligation imposed regarding prepaid

13

wireless telecommunications service in this Commonwealth. No

14

tax, fee, surcharge or other charge may be imposed by the

15

Commonwealth, a political subdivision or an intergovernmental

16

agency for E-911 funding purposes, on a provider, seller or

17

consumer with respect to the sale, purchase, use or provision

18

of prepaid wireless telecommunications service.

19

(c)  Remittance of fees.--On a quarterly basis, each wireless

20

provider shall remit the fees collected under subsection (b) to

21

the State Treasurer for deposit into the fund.

22

(d)  Reimbursement of wireless provider and PSAP costs.--

23

(1)  From every remittance, the wireless provider shall

24

be entitled to deduct and retain an amount not to exceed 2%

25

of the gross receipts collected as reimbursement for the

26

administrative costs incurred by the wireless provider to

27

bill, collect and remit the surcharge.

28

(2)  Wireless providers and PSAPs shall be entitled to

29

payment from the fund in the manner provided in section

30

5311.5(c) for the following costs:

- 40 -

 


1

(i)  recurring costs approved by the agency under

2

agency rules associated with the development,

3

implementation, operation and maintenance of wireless

4

E-911 service in the geographic area served by the

5

requesting PSAP; and

6

(ii)  nonrecurring costs approved by the agency under

7

agency rules associated with the development,

8

implementation, operation and maintenance of wireless

9

E-911 service in the geographic area served by the

10

requesting PSAP.

11

(3)  In no event shall costs be paid that are not related

12

to a wireless provider's or PSAP's compliance with

13

requirements established by the wireless E-911 State plan,

14

the FCC E-911 Order or the wireless E-911 provisions of an

15

agency-approved county plan or amended county plan.

16

(4)  Costs incurred by a PSAP or wireless provider for

17

wireless E-911 service shall be paid by the agency provided

18

that the costs comply with the requirements of this section

19

and section 5311.5, were incurred after January 1, 1998, and

20

are determined by the agency, after application in accordance

21

with section 5311.5(c), to be eligible for payment from the

22

fund. Costs that the agency determines to be eligible shall

23

be paid as provided in section 5311.5.

24

(5)  Nothing in this chapter shall prevent a wireless

25

provider from recovering its costs of implementing and

26

maintaining wireless E-911 service directly from its

27

customers, whether itemized on the customer's bill or by any

28

other lawful method. No wireless provider that levies a

29

separate fee for provision of E-911 wireless service in the

30

geographic area served by the requesting PSAP may receive a

- 41 -

 


1

reimbursement for the same costs.

2

(e)  Reporting by wireless providers.--With each remittance a

3

wireless provider shall supply the following information to the

4

State Treasurer and to the agency:

5

(1)  The total fees collected through the wireless E-911

6

surcharge from its wireless service customers during the

7

reporting period.

8

(2)  The total amount retained by it as reimbursement for

9

administrative costs to cover its expenses of billing,

10

collecting and remitting the fees collected from the wireless

11

E-911 surcharge during the reporting period.

12

(3)  Until the nonrecurring costs have been recovered by

13

a wireless provider, the total amount it has been reimbursed

14

by the agency for nonrecurring costs associated with the

15

development, implementation, operation and maintenance of

16

wireless E-911 service during the reporting period.

17

(f)  Information to be supplied by wireless providers.--

18

Wireless providers shall provide the agency with the information

19

it shall request in writing in order to discharge its

20

obligations under this section, including the collection and

21

deposit of the wireless E-911 surcharge and its administration

22

of the fund. Information supplied by wireless providers under

23

this section shall remain confidential, and release of the

24

information shall be governed by section 5311.7 (relating to

25

public disclosure and confidentiality of information).

26

(g)  Prohibition.--No part of the fund, including an excess

27

amount under section 5311.6(a) (relating to reporting), shall be

28

used for any purpose unless expressly authorized by this

29

chapter.

30

(h)  Surcharge sunset.--The wireless E-911 surcharge fee

- 42 -

 


1

established in subsections (b) and (b.1) shall terminate on June

2

30, 2014, unless extended by an act of the General Assembly.

3

§ 5311.5.  Disbursement of fund amounts by agency.

4

(a)  Expenditures for wireless E-911 systems.--During each

5

fiscal year the agency may, only in furtherance of the wireless

6

E-911 State plan, disburse money from the Wireless E-911

7

Emergency Services Fund to PSAPs with agency-approved county

8

plans or amended county plans and wireless providers for the

9

following purposes:

10

(1)  To pay the costs of PSAPs and wireless providers

11

provided for in section 5311.4(a)(1) and (d)(2) (relating to

12

Wireless E-911 Emergency Services Fund) and the costs of

13

PSAPs provided for in section 5311.4(a)(2).

14

(2)  To train emergency service personnel regarding

15

receipt and use of wireless E-911 service information.

16

(3)  To educate consumers regarding the operations,

17

limitations, role and responsible use of wireless E-911

18

service.

19

(b)  Limitations on use of fund amounts by PSAPs.--No PSAP

20

shall receive a disbursement from the fund for any cost

21

necessary to house the wireless E-911 system or for the purchase

22

of real estate, cosmetic remodeling, ambulances, fire engines or

23

other emergency vehicles, utilities, taxes and other expenses as

24

determined by the agency. No more than 70% of the disbursements

25

which a PSAP receives from the fund during the agency's fiscal

26

year may be utilized to fund personnel training, salary and

27

benefit costs.

28

(c)  Manner of payment.--Each PSAP and wireless provider

29

shall submit to the agency each year, not later than 120 days

30

before the first day of the agency's fiscal year, the eligible

- 43 -

 


1

costs it expects to incur for wireless E-911 service during the

2

next fiscal year of the agency. The submission may include

3

eligible costs that the PSAP or wireless provider has already

4

incurred for wireless E-911 service at the time of the

5

submission. The agency shall review the submission, ensure that

6

the costs are eligible for payment from the fund and notify the

7

submitting PSAP or wireless provider, not later than 30 days

8

before the first day of the agency's fiscal year, of the

9

eligible costs. The agency shall pay to each PSAP and wireless

10

provider, from the fund, the amount of the submitted costs the

11

agency determined to be eligible, whether or not the costs have

12

been incurred at or before the time of payment and whether or

13

not the costs, if already incurred, were incurred prior to March

14

29, 2004. Payment shall be made in four equal payments during

15

the first month of each quarter of the agency's fiscal year as

16

follows:

17

(1)  The agency shall first pay the costs approved for

18

each PSAP that are payable in the quarter.

19

(2)  Following the payment of approved costs to a PSAP

20

for Phase I deployment of wireless E-911 service, as set

21

forth in the FCC E-911 Order, but only after the PSAP has

22

issued its request to wireless providers to furnish Phase I

23

wireless E-911 service pursuant to the FCC E-911 Order, the

24

agency shall pay the approved costs of wireless providers

25

that are payable in the quarter to provide the requested

26

wireless E-911 service to that PSAP.

27

(3)  Following the payment of approved costs to a PSAP

28

for Phase II deployment of wireless E-911 service, as set

29

forth in the FCC E-911 Order, but only after the PSAP has

30

issued its request to wireless providers to furnish Phase II

- 44 -

 


1

wireless E-911 service pursuant to the FCC E-911 Order, the

2

agency shall pay the approved costs of wireless providers

3

that are payable in the quarter to provide the requested

4

wireless E-911 service to that PSAP.

5

(4)  In any quarter of the agency's fiscal year, all

6

costs specified in section 5311.4(a)(1) that are approved by

7

the agency for payment to PSAPs or wireless providers shall

8

be paid before any other costs payable under this chapter are

9

paid to any PSAP or wireless provider. In the first quarter

10

of the agency's fiscal year, the agency shall determine

11

whether payments to PSAPs and wireless providers during the

12

preceding fiscal year exceeded or were less than the eligible

13

costs incurred by each PSAP and wireless provider submitting

14

costs during the fiscal year. Each PSAP and wireless provider

15

shall provide verification of the costs as required by the

16

agency. Any overpayment shall be refunded to the agency or,

17

with the agency's approval, may be used to pay agency-

18

approved costs the PSAP or wireless provider submitted for

19

the current fiscal year of the agency. The amount of any

20

underpayment will be paid to the PSAP or wireless provider in

21

accordance with this subsection and subsection (d) within the

22

current fiscal year. The agency shall reconsider a

23

determination of eligible costs under this subsection upon

24

request by a submitting PSAP or wireless provider and shall

25

provide a procedure for the reconsideration.

26

(d)  Pro rata sharing of fund amounts.--

27

(1)  If the total amount of money in the fund in any

28

quarter is insufficient to pay for both agency-approved PSAP

29

costs and agency-approved wireless provider costs which are

30

payable in the quarter under subsection (c) for both Phase I

- 45 -

 


1

deployment and Phase II deployment of wireless E-911 service,

2

as set forth in the FCC E-911 Order, then payments from the

3

fund for that quarter shall be made as follows:

4

(i)  The agency-approved Phase I deployment costs of

5

a PSAP and those wireless providers to which the PSAP has

6

issued its request for Phase I wireless E-911 service

7

shall be paid before any agency-approved costs for Phase

8

II deployment are paid.

9

(ii)  If, notwithstanding subparagraph (i), the total

10

amount of money in the fund in the quarter is

11

insufficient to pay all Phase I deployment costs of both

12

PSAPs and wireless providers which are payable in the

13

quarter, then each requesting PSAP and each requesting

14

wireless provider shall receive, for payment of Phase I

15

deployment costs, a pro rata share of the total amount of

16

money in the fund in the quarter.

17

(iii)  If the total amount of money in the fund in

18

the quarter is insufficient to pay all agency-approved

19

Phase II deployment costs of both PSAPs and wireless

20

providers which are payable in the quarter, then each

21

requesting PSAP and each requesting wireless provider

22

shall receive, for payment of Phase II deployment costs,

23

a pro rata share of the total money in the fund which are

24

available in the quarter for payment of Phase II

25

deployment costs.

26

(2)  For any PSAP or wireless provider, pro rata shares

27

shall be computed based upon the total dollar amount of money

28

available in the fund for payment of Phase I or Phase II

29

deployment costs, whichever is applicable, multiplied by the

30

ratio of:

- 46 -

 


1

(i)  the total dollar amount of agency-approved but

2

unpaid costs of that PSAP or wireless provider for Phase

3

I or Phase II deployment, whichever is applicable; to

4

(ii)  the total dollar amount of all agency-approved

5

but unpaid costs.

6

(3)  Any remaining unpaid agency-approved PSAP costs or

7

wireless provider costs shall be carried forward for payment

8

during the next fiscal quarter. The carryforward process

9

shall continue each fiscal quarter until all agency-approved

10

PSAP costs and wireless provider costs have been paid. Pro

11

rata and other payments under this subsection, including, but

12

not limited to, payments of costs which are carried forward

13

for payment in subsequent fiscal quarters, shall also be

14

subject to all provisions and requirements of subsection (c)

15

except for subsection (c)(1).

16

(e)  Triennial financial audit.--The agency shall require a

17

triennial financial audit of each PSAP's use of the

18

disbursements it has received from the fund and of a wireless

19

provider's collection, deduction, retention, remittance and use

20

of the amounts collected by the wireless provider under the

21

wireless E-911 surcharge or the disbursements it received from

22

the fund. These triennial financial audits shall be consistent

23

with guidelines established by the agency, and the cost of each

24

audit shall be paid from the fund.

25

§ 5311.6.  Reporting.

26

(a)  Annual report by agency.--Not later than March 1 of each

27

year, the agency, after consideration of the recommendations of

28

the advisory committee, shall submit an annual report, which may

29

be combined with that required by section 5303(a)(5) (relating

30

to telecommunications management), to the Governor and the

- 47 -

 


1

General Assembly. Subject to the provisions of section 5311.7(b)

2

(relating to public disclosure and confidentiality of

3

information), the report shall include at least the following:

4

(1)  The extent to which wireless E-911 systems currently

5

exist in this Commonwealth.

6

(2)  Those PSAPs which completed installation of wireless

7

E-911 systems pursuant to the wireless E-911 State plan and

8

the costs and expenses for installation.

9

(3)  An itemization by PSAP or wireless provider, project

10

and description and expenditure for each Wireless E-911

11

Emergency Services Fund disbursement made in the fiscal year

12

just concluded. The itemization shall include an explanation

13

of how each project contributed to the fulfillment of the

14

existing wireless E-911 State plan.

15

(4)  The planned expenditures for the next fiscal year

16

for installation of wireless E-911 systems pursuant to the

17

wireless E-911 State plan.

18

(5)  The total aggregate fees collected from all wireless

19

providers in the fiscal year just concluded based upon the

20

reports of the providers submitted under section 5311.4(e)

21

(relating to Wireless E-911 Emergency Services Fund) and any

22

other funds received by the fund.

23

(6)  The amount of any unexpended funds carried forward

24

in the fund.

25

(7)  The amount of any remaining unpaid agency-approved

26

PSAP costs or wireless provider costs being carried forward

27

for payment during the next fiscal quarter.

28

(8)  Any advances in a wireless provider's system

29

technology or expansion of its customer service area which

30

further the goal of providing access to a wireless E-911

- 48 -

 


1

system regardless of the customer's geographic location on

2

any interstate highway in this Commonwealth.

3

(b)  Study of wireless E-911 emergency services

4

implementation and operation.--The agency, after consideration

5

of the recommendations of the advisory committee, shall report

6

to the Governor and the General Assembly no less than

7

triennially its recommendations concerning wireless E-911

8

implementation and operation, including, but not limited to,

9

necessary or required actions which must be undertaken in

10

response to the Federal Communication Commission's directive in

11

the FCC E-911 Order. The report shall recommend measures to be

12

taken by the General Assembly.

13

§ 5311.7.  Public disclosure and confidentiality of information.

14

(a)  Annual report of agency.--The annual report of the

15

agency shall be a public document.

16

(b)  Prohibition against release of information.--Neither the

17

State Treasurer, the agency, nor any employee, agent or

18

representative of a PSAP or public agency shall divulge any

19

information acquired with respect to any wireless provider or

20

VoIP provider, its customers, revenues or expenses, trade

21

secrets, commercial information and other proprietary

22

information while acting or claiming to act as the employee,

23

agent or representative, and all information is required to be

24

kept confidential except that aggregations of information which

25

do not identify or effectively identify numbers of customers,

26

revenues or expenses, trade secrets, commercial information and

27

other proprietary information attributable to any individual

28

wireless provider or VoIP provider may be made public.

29

§ 5311.8.  Wireless provider and VoIP provider records.

30

(a)  Access.--Upon request from and pursuant to agreement

- 49 -

 


1

with a PSAP, each wireless provider shall provide E-911 service

2

database information; and each VoIP provider shall provide VoIP

3

service database information or automatic location information

4

as permitted under the law to the requesting PSAP. The

5

information shall remain the property of the disclosing wireless

6

provider or VoIP provider and, except as otherwise provided by

7

applicable Federal or State law, shall be used by the PSAP only

8

in connection with providing emergency response services to a

9

call to a 911 system or to a wireless E-911 system.

10

(b)  Violations.--A person commits a misdemeanor of the third

11

degree if the person does any of the following:

12

(1)  Uses or discloses wireless E-911 service database 

13

information or VoIP service database information for purposes

14

other than handling a call to a 911 system or to a wireless

15

E-911 system without the consent of the wireless service

16

customer or VoIP service customer or as otherwise provided by

17

applicable Federal or State law.

18

(2)  Knowingly uses the telephone number of a 911 system,

19

wireless E-911 system or VoIP service database information to

20

avoid any charges for the services of a local exchange

21

carrier, competitive local exchange carrier, interexchange

22

carrier, wireless provider or VoIP provider.

23

(c)  Privacy waived.--The provisions of 66 Pa.C.S. § 2906 

24

(relating to dissemination of telephone numbers and other

25

identifying information) shall not apply to wireless providers

26

or VoIP providers to the extent they are engaged in providing

27

wireless E-911 service, 911 service or related services.

28

§ 5311.9.  Immunity.

29

(a)  Generally.--

30

(1)  This subsection applies to all of the following:

- 50 -

 


1

(i)  A wireless provider or VoIP provider.

2

(ii)  An officer or director of a wireless provider

3

or VoIP provider.

4

(iii)  An employee or agent of a wireless provider or

5

VoIP provider.

6

(iv)  A vendor of a wireless provider or VoIP

7

provider.

8

(2)  Except as set forth in paragraph (3), a person

9

specified in paragraph (1) is immune from liability for civil

10

damages resulting from or caused by an act or omission in the

11

development, design, installation, operation, maintenance,

12

performance or provision of wireless E-911 service or 911

13

service of:

14

(i)  the wireless provider or VoIP provider;

15

(ii)  an officer or director of the wireless provider

16

or VoIP provider;

17

(iii)  an employee or agent or the wireless provider

18

or VoIP provider; or

19

(iv)  a supplier of the wireless provider or VoIP

20

provider.

21

(3)  Immunity under paragraph (2) does not apply to

22

willful or wanton misconduct.

23

(b)  Parity of liability.--A wireless provider or VoIP

24

provider shall have the same immunity from liability for

25

transmission errors or failures, network outages or other

26

technical problems that arise in the course of handling

27

emergency calls or providing emergency services, including

28

wireless E-911 service, as a local exchange carrier enjoys in

29

the course of handling the calls or providing the services.

30

(c)  Release of information.--

- 51 -

 


1

(1)  This subsection applies to all of the following:

2

(i)  A wireless provider or VoIP provider.

3

(ii)  An employee or agent of a wireless provider or

4

VoIP provider.

5

(2)  A person specified in paragraph (1) is immune from

6

liability for releasing, as required by this chapter or any

7

other law, wireless service customer information or VoIP

8

service customer information to the agency or to any 911

9

system or wireless E-911 system, public agency or PSAP.

10

§ 5311.10.  Agency funding for wireless E-911 support.

11

The agency is authorized to retain up to 2% of the annual

12

wireless E-911 surcharge and prepaid wireless E-911 surcharge

13

proceeds to pay for agency expenses directly related to

14

administering the wireless E-911 provisions of this chapter.

15

Expenses under this section include personnel, travel,

16

administrative, financial auditing and printing costs.

17

§ 5311.11.  Rate regulation.

18

Nothing in this chapter shall be construed to constitute the

19

regulation of the rates charged by wireless providers for any

20

service or feature which they provide to their wireless service

21

customers or to prohibit a wireless provider from charging a

22

wireless service customer for any service or feature provided to

23

the customer.

24

§ 5311.12.  Regulations.

25

The council has the power to issue statements of policy and

26

to promulgate regulations for the implementation of this

27

chapter.

28

§ 5311.13.  Enforcement.

29

In addition to any powers expressly enumerated in this

30

chapter, the agency has the power and duty to enforce and

- 52 -

 


1

execute, by its regulations or otherwise, this chapter. The

2

agency may institute injunction, mandamus or other appropriate

3

legal proceedings to enforce this chapter and regulations

4

promulgated under this chapter.

5

§ 5311.14.  Collection and disbursement of VoIP 911 fee.

6

(a)  VoIP service customer 911 contribution.--

7

(1)  Each VoIP provider or telecommunications carrier

8

shall collect a $1 fee per month for each telephone number or

9

successor dialing protocol assigned by a VoIP provider to a

10

VoIP service customer number that has outbound calling

11

capability. The following apply:

12

(i)  The fee, minus the actual uncollectibles

13

experienced by the VoIP provider, shall be remitted:

14

(A)  quarterly; or

15

(B)  at the option of the provider or

16

telecommunications carrier, monthly.

17

(ii)  The remittance shall be made as follows:

18

(A)  Except as set forth in clause (B), to the

19

county treasurer.

20

(B)  In a home rule county, as follows:

21

(I)  To the county official responsible for

22

the collection and disbursement of funds.

23

(II)  At the option of the remitter, to the

24

State Treasurer. Election of the option shall be

25

by regulations established by the agency, which

26

shall include appropriate notification to the

27

affected counties of the exercise of this option.

28

(iii)  The fee shall be stated separately in the VoIP

29

service customer's paper or electronic billing, and the

30

fee shall be collected apart from and in addition to any

- 53 -

 


1

fee levied by the VoIP provider in whole or in part for

2

the provision of 911 services or E-911 services.

3

(2)  In the case of VoIP service customers purchasing

4

multiple dial tone telephone access lines from a VoIP

5

provider, the following multipliers shall be applied to

6

determine the contribution rate of each customer:

7

(i)  For the first 25 lines, each line shall be

8

billed at the approved contribution rate.

9

(ii)  For lines 26 through 100, each line shall be

10

billed at 75% of the approved contribution rate.

11

(iii)  For lines 101 through 250, each line shall be

12

billed at 50% of the approved contribution rate.

13

(iv)  For lines 251 through 500, each line shall be

14

billed at 20% of the approved contribution rate.

15

(v)  For lines 501 or more, each line shall be billed

16

at 17.2% of the approved contribution rate.

17

(3)  If a VoIP provider receives a partial payment for a

18

monthly bill from a VoIP service customer, the VoIP provider:

19

(i)  may first apply the payment against the amount

20

the VoIP service customer owes the VoIP provider; and

21

(ii)  shall then remit to the county or the State

22

Treasurer the lesser amount resulting from the

23

application of the payment.

24

(4)  The fees collected and remitted under this

25

subsection shall not:

26

(i)  be subject to taxes or charges levied by the

27

Commonwealth or a political subdivision; nor

28

(ii)  be considered revenue of the VoIP provider for

29

any purpose.

30

(5)  As reimbursement for administrative costs to cover

- 54 -

 


1

its expenses of billing, collecting and remitting the fees

2

during the reporting period, the VoIP provider is allowed to

3

retain for reimbursement up to the following percentages of

4

the total fees collected under this subsection:

5

(i)  If remittance is made to the county, 2%.

6

(ii)  If remittance is made to the State Treasurer,

7

1%.

8

(6)  To the extent that a VoIP provider obtains

9

connections to the public switched telephone network from a

10

telecommunications carrier, that telecommunications carrier

11

shall not be required to assess or make contributions to any

12

911 or E-911 fund in connection with the customers or the

13

telephone numbers for which the VoIP provider is responsible

14

for collecting and making contributions under this section.

15

If, however, the telecommunications carrier is, by agreement

16

with the VoIP provider, required to make 911 or E-911

17

contributions on behalf of the VoIP provider customer, the

18

VoIP provider shall not be responsible for collecting and

19

making contributions under this section.

20

(b)  Reporting by VoIP providers.--

21

(1)  With each remittance under subsection (a), a VoIP

22

provider and telecommunications carrier shall supply the

23

following information to the individual receiving the

24

remittance and to the agency the total fees collected under

25

subsection (a)(1) from its VoIP service customers during the

26

reporting period. If the telecommunications carrier has

27

remitted the fees to the county or the agency pursuant to an

28

agreement with the VoIP provider, the VoIP provider shall

29

provide notification of the reporting agreement along with

30

the telecommunications carrier's name and 911 or E-911

- 55 -

 


1

account number.

2

(2)  A VoIP provider and telecommunications carrier shall

3

provide the county or, if remitting to the State Treasurer,

4

the agency with requested information, including the primary

5

place of use of each interconnected VoIP service customer, in

6

order to discharge its obligations under this section. The

7

information shall be in writing. This paragraph includes the

8

collection and deposit of the VoIP fee and its administration

9

of the fund.

10

(b.1)  Confidentiality.--Information supplied by VoIP

11

providers under this section shall remain confidential, and

12

release of the information shall be governed by section 5311.7

13

(relating to public disclosure and confidentiality of

14

information).

15

(c)  Collection enforcement.--A VoIP provider has no

16

obligation to take legal action to enforce the collection of a

17

fee imposed under this section.

18

(d)  Deposit of remitted fees.--The individual who receives

19

fees remitted under this section shall deposit receipts into the

20

restricted account established under section 5307(c) (relating

21

to collection and disbursement of contribution).

22

(e)  Establishment of fund.--There is established in the

23

State Treasury a nonlapsing restricted interest-bearing account

24

to be known as the VoIP 911 Emergency Services Fund. The VoIP

25

911 Emergency Services Fund shall consist of the fees remitted

26

to the State Treasurer under this section.

27

(f)  Distribution of fees.--Money in the VoIP 911 Emergency

28

Services Fund and the interest it accrues are appropriated on a

29

continuing basis to the agency to be disbursed by the agency.

30

The agency shall make quarterly disbursements from the account

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1

to each county by March 31, June 30, September 30 and December

2

31 in an amount equal to the amount of fees collected from VoIP

3

service customers located in that county. The disbursements are

4

for the purpose of assisting counties with the implementation of

5

an agency-approved plan adopted under section 5305 (relating to

6

county plan). The agency may retain up to 1% of the fees for

7

costs incurred in administering this subsection.

8

§ 5312.  (Reserved).

9

§ 5312.1.  Legislative study.

10

(a)  Requirement.--The Legislative Budget and Finance

11

Committee shall study the 911 and wireless E-911 funding system

12

under section 5311.4 (relating to Wireless E-911 Emergency

13

Services Fund). In conducting the study, the committee shall

14

consider cost-benefit analyses to determine the cost

15

effectiveness of the systems both within the agency and the

16

counties. At a minimum, the committee shall inquire into and

17

make recommendations with respect to:

18

(1)  The efficacy by which the VoIP service 911 fee, the

19

contribution rate, the wireless E-911 surcharge and the

20

prepaid wireless E-911 surcharge are collected and remitted

21

for intended purposes set forth in this chapter.

22

(2)  The expenditures authorized for payment from a

23

county's restricted account for the purposes of nonrecurring

24

and recurring charges billed for the 911 system.

25

(3)  Disbursements made by the agency from the fund.

26

(4)  The method and amount of funding collected through

27

the VoIP service 911 fee, the contribution rate, the wireless

28

E-911 surcharge and the prepaid wireless E-911 surcharge in

29

comparison to 911 and wireless E-911 funding systems utilized

30

in other states.

- 57 -

 


1

(5)  The feasibility and effectiveness of consolidating

2

PSAPs in this Commonwealth.

3

(6)  Any other cost-saving measures that may be utilized

4

by the PSAPs or the agency which will not jeopardize public

5

safety.

6

(7)  National initiatives being considered or implemented

7

in other states intended to provide cost savings in 911

8

systems without impacting public safety.

9

(8)  A review of the current auditing requirements of

10

State and county 911 expenditures under this chapter.

11

(9)  The issues the Commonwealth will need to consider in

12

incorporating "Next Generation 911" and other nontraditional

13

communication technologies into its emergency response

14

system.

15

(10)  Any technology-neutral 911 funding options by

16

either the Commonwealth or political subdivisions which do

17

not rely on disparate technologies, fee amounts and grant

18

structures.

19

(b)  Report.--The committee shall submit a final report with

20

recommendations to the Secretary of the Senate and the Chief

21

Clerk of the House of Representatives within 120 days of the

<--

22

effective date of this section by December 31, 2011, and shall

<--

23

transmit a copy of the final report to the Legislative Reference

24

Bureau for publication in the Pennsylvania Bulletin within 30

25

days of the submission of the final report.

26

§ 5398.  Termination.

27

This chapter shall expire June 30, 2014.

28

Section 3.  Chapter 73 of Title 35 is amended by adding

29

subchapters to read:

30

SUBCHAPTER D

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1

STATE FIREMEN'S TRAINING SCHOOL

2

Sec.

3

7351.  Establishment, purpose and name.

4

7352.  Supervision and control.

5

7353.  Powers and duties.

6

7354.  Persons admitted.

7

7355.  Application for admission.

8

7356.  Acquisition of site.

9

7357.  Conveyance of land and plans for buildings and

10

structures.

11

7358.  Leasing by Commonwealth.

12

§ 7351.  Establishment, purpose and name.

13

In order to enable the Department of Education more

14

effectively to train firefighters under the program of the

15

Public Service Institute Board established by the department

16

under its vocational education program, there is hereby

17

established a training school for firefighters for practical

18

training in the control and extinguishment of fires. The

19

training school shall be known as The Pennsylvania State

20

Firemen's Training School.

21

§ 7352.  Supervision and control.

22

The management of the school and the control and care of the

23

buildings and grounds owned and used by the Commonwealth for the

24

school and the conduct of instruction at the school shall be

25

under the direct supervision and control of the Department of

26

Education.

27

§ 7353.  Powers and duties.

28

The Department of Education and the Public Service Institute

29

Board shall have the power and their duty shall be:

30

(1)  To fix the salaries of the employees of the school

- 59 -

 


1

in conformity with the standards established by the Executive

2

Board.

3

(2)  To make rules and regulations for the government and

4

management of the school and the admission of firefighters

5

from the various political subdivisions to the school.

6

(3)  To prescribe the courses of study and the practical

7

training in connection therewith.

8

(4)  To accept on behalf of the Commonwealth donations of

9

land or equipment for the use of the school.

10

§ 7354.  Persons admitted.

11

All firefighters who are regularly employed by any local

12

political subdivision of this Commonwealth and all regularly

13

enrolled members of volunteer fire companies shall be eligible

14

for admission to the school and shall be chosen by the governing

15

authority of each political subdivision. The Public Service

16

Institute Board shall apportion the number admitted to the

17

school so that each county is represented in the ratio that the

18

number of firefighters in each county bears to the total number

19

of firefighters in this Commonwealth.

20

§ 7355.  Application for admission.

21

Application for admission shall be made to the Public Service

22

Institute Board by the political subdivisions in the manner

23

prescribed by the board.

24

§ 7356.  Acquisition of site.

25

The Secretary of Education, with the approval of the

26

Governor, may accept a gift of land suitable as a site for the

27

school or, if no gift of a suitable site is offered, the

28

secretary shall, with the approval of the Governor, select for

29

acquisition by the Department of General Services in the name of

30

the Commonwealth, a tract of land located in or adjacent to the

- 60 -

 


1

borough of Lewistown for the erection, construction, furnishing

2

and equipping thereon by Department of General Services of the

3

Pennsylvania State Firemen's Training School. The title to the

4

lands so acquired, whether by gift or otherwise, shall be

5

approved by the Attorney General. If it shall be found that the

6

Commonwealth owns State lands suitable in whole or in part for

7

such use, the lands may be designated by the Department of

8

Education, with the approval of the Governor and the department,

9

board or commission having possession and control of the lands,

10

and used for such purpose. Any additional lands necessary may be

11

selected and acquired as herein provided.

12

§ 7357.  Conveyance of land and plans for buildings and

13

structures.

14

Upon the acquisition of any land in the name of the

15

Commonwealth or designation of any land of the Commonwealth, the

16

Department of General Services shall have the authority to erect

17

or construct and furnish and equip thereon the buildings and

18

other structures necessary for the Pennsylvania State Firemen's

19

Training School. The plans and specifications of the school,

20

whether erected on land acquired directly by Department of

21

General Services or by conveyance to it from the Commonwealth,

22

shall be subject to the approval of the Department of Education

23

and shall provide for suitable buildings and other necessary

24

equipment, structures and improvements.

25

§ 7358.  Leasing by Commonwealth.

26

The Department of General Services, with the approval of the

27

Governor, is authorized to enter into a lease for not more than

28

99 years to acquire the use of the buildings and structures and

29

any lands connected therewith and the furnishings and equipment

30

thereof for the purpose of having the same managed and operated

- 61 -

 


1

by the Department of Education.

2

SUBCHAPTER E

3

VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE

4

AND RESCUE SQUAD ASSISTANCE

5

Sec.

6

7361.  Scope of subchapter.

7

7362.  Legislative findings and declaration of purpose.

8

7363.  Definitions.

9

7364.  Assistance to volunteer fire companies, ambulance

10

services and rescue squads.

11

7365.  Volunteer Companies Loan Fund.

12

7366.  Powers and duties of agency.

13

7367.  Authority to borrow.

14

7368.  Bonds, issue, maturity and interest.

15

7369.  Sale of bonds.

16

7370.  Refunding bonds.

17

7371.  Disposition and use of proceeds.

18

7372.  Registration of bonds.

19

7373.  Information to General Assembly.

20

7374.  Volunteer Company Loan Sinking Fund and investments.

21

7375.  Expenses of preparation, issue and sale of bonds.

22

7376.  Repayment obligations for principal and interest.

23

7377.  Quorum.

24

7378.  Temporary financing authorization.

25

7378.1.  Referendum for additional indebtedness.

26

7378.2.  Authorization of contracts, reimbursement procedure and

27

amount.

28

7378.3.  Reimbursement procedure and amount.

29

§ 7361.  Scope of subchapter.

30

This subchapter relates to volunteer fire company, ambulance

- 62 -

 


1

service and rescue squad assistance.

2

§ 7362.  Legislative findings and declaration of purpose.

3

(a)  Findings.--The General Assembly finds that:

4

(1)  Under the provisions of section 7(a)(3) of Article

5

VIII of the Constitution of Pennsylvania, the voters of the

6

Commonwealth approved by referenda on November 4, 1975, the

7

incurring of indebtedness of $10,000,000 and on November 3,

8

1981, approved the incurring of an additional $15,000,000 of

9

indebtedness and on November 6, 1990, approved the incurring

10

of an additional $25,000,000 of indebtedness for loans to

11

volunteer fire companies, volunteer ambulance services and

12

volunteer rescue squads for the purpose of establishing or

13

modernizing facilities to house fire fighting apparatus

14

equipment, ambulances and rescue vehicles, and for purchasing

15

new fire fighting apparatus equipment, ambulances and rescue

16

vehicles, protective and communications equipment, and any

17

other accessory equipment necessary for the proper

18

performance of such organizations' duties.

19

(2)  Under the provisions of section 7(a)(3) of Article

20

VIII of the Constitution of Pennsylvania, on November 5,

21

2002, the voters of this Commonwealth approved by referendum

22

the incurring of indebtedness for the establishment of a

23

program that utilizes capital and other related methods to

24

enhance and improve the delivery of volunteer fire and

25

volunteer emergency services in this Commonwealth. The

26

General Assembly further finds that the use of up to

27

$50,000,000 of such indebtedness to expand the existing

28

program providing for loans to volunteer fire companies,

29

volunteer ambulance services and volunteer rescue squads as

30

authorized under this subchapter is an appropriate use of

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1

such indebtedness.

2

(b)  Purpose.--It is the purpose of this subchapter to

3

implement section 5 of the act of September 25, 1975 (P.L.296,

4

No.95), entitled "An act authorizing the indebtedness, with the

5

approval of the electors, of ten million dollars for loans to

6

volunteer fire companies, volunteer ambulance services and

7

volunteer rescue squads for the purpose of establishing or

8

modernizing facilities to house fire fighting apparatus

9

equipment, ambulances, and rescue vehicles, and for purchasing

10

new fire fighting apparatus equipment, ambulances, and rescue

11

vehicles, protective and communications equipment, and any other

12

accessory equipment necessary for the proper performance of such

13

organizations' duties"; section 5 of the act of June 30, 1981

14

(P.L.138, No.44), entitled "An act authorizing the indebtedness,

15

with the approval of the electors, of $15,000,000 for loans to

16

volunteer fire companies, volunteer ambulance services and

17

volunteer rescue squads for the purpose of establishing or

18

modernizing facilities to house firefighting apparatus

19

equipment, ambulances, and rescue vehicles, and for purchasing

20

firefighting apparatus equipment, ambulances, and rescue

21

vehicles, protective and communications equipment, and any other

22

accessory equipment necessary for the proper performance of such

23

organizations' duties," and section 7378.1(5) (relating to

24

referendum for additional indebtedness); as well as implement in

25

part section 31.3 of the act of June 29, 2002 (P.L.559, No.89),

26

entitled "An act amending the act of March 4, 1971 (P.L.6,

27

No.2), entitled 'An act relating to tax reform and State

28

taxation by codifying and enumerating certain subjects of

29

taxation and imposing taxes thereon; providing procedures for

30

the payment, collection, administration and enforcement thereof;

- 64 -

 


1

providing for tax credits in certain cases; conferring powers

2

and imposing duties upon the Department of Revenue, certain

3

employers, fiduciaries, individuals, persons, corporations and

4

other entities; prescribing crimes, offenses and penalties,'

5

further providing, in sales and use tax, for definitions, for

6

imposition, for exclusions, for licenses, for collection, for

7

bulk and auction sales and for crimes; providing, in local tax

8

situs, for situs of mobile telecommunications services; further

9

providing, in personal income tax, for definitions, for classes

10

of income, for special tax provisions for poverty, for

11

contributions, for bulk and auction sales and transfers; in

12

corporate net income tax, for definitions, for imposition and

13

for interest in unincorporated entities; and in capital stock

14

and franchise tax, for definitions, for imposition, for deposit

15

of proceeds, for interest in unincorporated entities and for

16

applicability and expiration; establishing revenue-neutral

17

reconciliation in utilities gross receipts tax; providing, in

18

public utility realty tax and for surcharge; further providing,

19

in realty transfer tax, for furnishing stamps; in cigarette tax,

20

for incidence and rate, for floor tax, for commissions on sales

21

and for disposition of certain funds; in research and

22

development tax credit, for time limitations and for

23

termination; in inheritance tax, for definitions, for transfers

24

not subject to tax and for estate tax and for estate tax

25

returns; providing for immediate assessment, settlement or

26

collection and for depreciation of certain property in cities of

27

the first class; and making repeals," by providing for loans to

28

volunteer fire, ambulance and rescue companies to protect the

29

lives and property of the citizens of this Commonwealth pursuant

30

to and to execute the above favorable referenda in subsection

- 65 -

 


1

(a). The General Assembly has determined that volunteer fire

2

companies are most in need of loans and therefore intends that,

3

to the extent possible, a significant portion of the Volunteer

4

Companies Loan Fund be used to provide loans to volunteer fire

5

companies and that the balance be allocated to provide loans to

6

volunteer ambulance and volunteer rescue companies. The General

7

Assembly intends that the loans provided under this subchapter

8

be used to replace outmoded or unsafe equipment and buildings of

9

volunteer companies and that the loans be provided to volunteer

10

companies which are experiencing a need for equipment or

11

facilities to meet an increasing demand for a higher level of

12

service in the communities which they serve.

13

§ 7363.  Definitions.

14

The following words and phrases when used in this subchapter

15

shall have the meanings given to them in this section unless the

16

context clearly indicates otherwise:

17

"Accessory equipment."  Fire fighting, ambulance and rescue

18

equipment necessary to carry out the ordinary functions of

19

supporting fires, life and rescue activities.

20

"Agency."  The Pennsylvania Emergency Management Agency.

21

"Apparatus equipment."  Elevated equipment, pumpers, tankers,

22

ladder trucks, utility or special service vehicles, ambulances,

23

rescue vehicles or other large equipment used for fire fighting

24

and emergency services.

25

"Communications equipment."  Any voice or original

26

transmission system required to support the operation of the

27

volunteer fire company, volunteer ambulance service and

28

volunteer rescue squad.

29

"Establishing."  In the context of establishing or

30

modernizing facilities, the term means both the construction of

- 66 -

 


1

new buildings and the acquisition or renovation of existing

2

structures.

3

"Facilities."  Facilities used to house fire fighting

4

equipment, ambulances and rescue vehicles. The term shall not

5

include meeting halls, social rooms or any other facilities not

6

directly related to fire fighting.

7

"National Fire Protection Association (NFPA) standards."

8

Apparatus and equipment, including personal protective

9

equipment, shall be deemed to meet the requirements of

10

compliance with the applicable standards of the National Fire

11

Protection Association (NFPA), except that:

12

(1)  New apparatus shall be constructed to meet or exceed

13

the standards in effect at the time of manufacture.

14

(2)  Used fire fighting apparatus shall:

15

(i)  in no instance meet lesser requirements than the

16

standards for apparatus adopted by the National Fire

17

Protection Association in 1991; and

18

(ii)  beginning June 25, 1999, meet the National Fire

19

Protection Association standards for apparatus in effect

20

at the time of original manufacture, except that no loans

21

shall be considered or made for apparatus that cannot

22

meet the National Fire Protection Association standards

23

in effect no more than 12 years prior to the date of the

24

application for loan financing.

25

(3)  New equipment shall meet or exceed the standards in

26

effect at the time of original manufacture.

27

(4)  Used equipment shall meet or exceed the standards in

28

effect at the time of original manufacture, except that no

29

loans for used equipment shall be considered or made for

30

equipment more than five years old at the time of application

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1

for loan assistance.

2

(5)  In every instance, used equipment and apparatus

3

shall meet the applicable National Fire Protection

4

Association standards at the time that the loan funds are

5

advanced.

6

"Protective equipment."  Any equipment used by fire fighters,

7

volunteer ambulance service personnel or volunteer rescue

8

service personnel to protect their person from injury while

9

performing their functions, including, but not limited to,

10

helmets, turnout coats and pants, boots, eyeshields, gloves and

11

self-contained respiratory protection units.

12

"Rescue vehicle."  Any vehicle, whether a motor vehicle or a

13

watercraft, used for rescue services.

14

"Utility or special service vehicle."  A vehicle carrying

15

accessory equipment, including, but not limited to, ladders,

16

oxygen equipment, generators and adaptors, floodlights, smoke

17

ejectors and other equipment necessary to perform the ordinary

18

functions of supporting fire fighting activities.

19

"Volunteer ambulance service."  Any nonprofit chartered

20

corporation, association or organization located in this

21

Commonwealth and which is regularly engaged in the service of

22

providing emergency medical care and transportation of patients.

23

"Volunteer fire company."  Any nonprofit chartered

24

corporation, association or organization located in this

25

Commonwealth which provides fire protection services and other

26

voluntary emergency services within this Commonwealth. Voluntary

27

emergency services provided by a volunteer fire company may

28

include voluntary ambulance and voluntary rescue services.

29

"Volunteer rescue service."  Any nonprofit chartered

30

corporation, association or organization located in this

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1

Commonwealth which provides rescue services in this

2

Commonwealth.

3

"Volunteer Companies Loan Fund."  The fund established under

4

section 7365 (relating to Volunteer Companies Loan Fund).

5

§ 7364.  Assistance to volunteer fire companies, ambulance

6

service and rescue squads.

7

(a)  General rule.--The agency is authorized, upon

8

application of any volunteer fire company, volunteer ambulance

9

service or volunteer rescue squad, to make loans for the

10

following purposes:

11

(1)  Establishing or modernizing facilities that house

12

fire fighting equipment, ambulance or rescue vehicles. The

13

amount of a loan for establishing or modernizing facilities

14

made to any one volunteer fire company, ambulance service or

15

rescue squad shall not exceed 50% of the total cost of the

16

facilities or modernization or $200,000, whichever is less,

17

and a notarized financial statement filed under subsection

18

(c) shall show that the applicant has available 20% of the

19

total cost of the facilities in unobligated funds. Proceeds

20

of the loan shall be used only for purposes of structure or

21

land acquisition or renovation or construction and shall not

22

be used for payment of fees for design, planning, preparation

23

of applications or any other cost not directly attributable

24

to structure or land acquisition or renovation or

25

construction.

26

(2)  Purchasing fire fighting apparatus, ambulances or

27

rescue vehicles. The amount of a loan made for purchasing

28

fire fighting apparatus to any one volunteer fire company

29

shall not exceed $100,000 for any single fire fighting

30

apparatus equipment or utility or special service vehicle or

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1

heavy duty rescue vehicle as defined by regulation, or 50% of

2

the total cost of the equipment or vehicle, whichever is

3

less, except for loans for aerial apparatus as defined by

4

regulation, which shall not exceed $150,000. The amount of a

5

loan made to any one volunteer fire company, ambulance

6

service or rescue squad for any ambulance or light duty

7

rescue vehicle as defined by regulation shall not exceed

8

$50,000 and for a watercraft rescue vehicle shall not exceed

9

$15,000 or 50% of the cost of the ambulance or rescue

10

vehicle, whichever is less, and a notarized financial

11

statement filed under subsection (c) shall show that the

12

applicant has available 20% of the total cost of the vehicle

13

in unobligated funds.

14

(3)  Purchasing protective, accessory or communication

15

equipment. No volunteer fire company, ambulance service or

16

rescue squad shall receive a loan for protective, accessory

17

or communicative equipment more than once in any five-year

18

period. Each volunteer fire company, ambulance service or

19

rescue squad may apply for a loan for a mobile and portable

20

radio unit for each existing serviceable apparatus equipment,

21

ambulance or rescue vehicle. Radio equipment obtained through

22

loans under this subchapter shall be equipped with a

23

frequency or frequencies licensed by the Federal

24

Communications Commission for fire fighting or emergency

25

response purposes. A notarized financial statement shall be

26

filed and loans under this subchapter for the purchase of

27

protective, accessory or communicative equipment shall not

28

exceed $10,000.

29

(4)  Refinancing debt incurred or contracts entered into

30

after November 4, 1975, and used for the purchase of

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1

apparatus equipment or for the construction or modernization

2

of facilities or for modification of apparatus equipment in

3

order to comply with National Fire Protection Association

4

standards.

5

(5)  Repair or rehabilitation of apparatus equipment.

6

Where it has been determined that existing apparatus

7

equipment no longer meets the standards of the National Fire

8

Protection Association, and the repair or rehabilitation of

9

such equipment will bring it in compliance with National Fire

10

Protection Association standards, loans for the repair or

11

rehabilitation for a single apparatus equipment shall be for

12

at least $1,000 but shall not exceed the lesser of $35,000 or

13

80% of the total cost of repair or rehabilitation.

14

(6)  Purchasing of used fire fighting apparatus,

15

equipment, used ambulances, used rescue vehicles, used

16

communications equipment, used accessory equipment or used

17

protective equipment, except that the used vehicles and

18

equipment shall meet the National Fire Protection Association

19

(NFPA) standards and loans for the purchase of a used single

20

apparatus equipment shall not exceed $60,000 or 80% of the

21

total cost of the equipment, whichever is less.

22

(7)  Purchasing Pennsylvania Fire Information Reporting

23

System (PennFIRS) hardware and software. A volunteer fire

24

company shall be eligible to apply one time only for a loan

25

of not more than $2,000 or 75% of the cost of such

26

acquisition, whichever is less, and with a term not exceeding

27

five years for the purpose of acquiring the hardware and

28

software necessary to participate in the Pennsylvania Fire

29

Information Reporting System. The Office of the State Fire

30

Commissioner shall develop, at its discretion, such

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1

procedures and forms as it may deem necessary to facilitate

2

loans for PennFIRS hardware and software. The loans shall be

3

secured as required by law.

4

(a.1)  Limitation.--Loans under this subchapter may be made

5

for any of the purposes of subsection (a) undertaken by a

6

volunteer fire company, volunteer ambulance service and

7

volunteer rescue squad on or after November 4, 1975.

8

(b)  Loans.--Loans made by the agency in the amount of

9

$15,000 or less shall be for a period of not more than five

10

years. Loans in excess of $15,000 but for $50,000 or less shall

11

be for a period of not more than ten years. The payback period

12

of any loan in excess of $50,000, except a loan for establishing

13

or modernizing facilities, shall not exceed 15 years. The

14

payback period for any loan in excess of $100,000 for

15

establishing or modernizing facilities shall not exceed 20

16

years. Loans shall be subject to the payment of interest at 2%

17

per year and shall be subject to such security as shall be

18

determined by the agency. The total amount of interest earned by

19

the investment or reinvestment of all or any part of the

20

principal of any loan shall be returned to the agency and

21

transferred to the Volunteer Companies Loan Fund and shall not

22

be credited as payment of principal or interest on the loan.

23

Except as provided in subsection (a)(5) and (7), the minimum

24

amount of any loan shall be $5,000.

25

(c)  Applications.--Every application for a loan shall be

26

accompanied by a notarized financial statement of the volunteer

27

fire company, ambulance service or rescue squad and a financial

28

plan to show the amount of assets and projected revenues for the

29

repayment of the loan, any other obligations of the volunteer

30

company and operating expenses over the period of the loan.

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1

Every application shall be accompanied by evidence sufficient to

2

show that all costs except the amount of the loan have been

3

obtained by assets of the volunteer company and other loans or

4

sources of revenue. If a volunteer fire company, ambulance

5

service or rescue squad is unable to meet the 20% requirement of

6

subsection (a), then a political subdivision which is served by

7

the volunteer company may pledge its credit in the amount of

8

funds necessary to satisfy the 20% requirement and, if it does

9

so, shall cosign the application submitted by the volunteer

10

company.

11

(d)  Use.--Loans shall be used for the acquisition by

12

volunteer companies of new or used apparatus equipment, new or

13

used ambulances, new or used rescue vehicles, new or used

14

communications equipment, new or used accessory equipment or new

15

or used protective equipment or for the acquisition and

16

renovation of existing structures to house fire fighting

17

equipment, ambulance or rescue vehicles or for the construction

18

or modernization of facilities and, except as provided in

19

subsection (a)(4), shall not be used for operating expenses or

20

for the refinancing of renovated structures, refinancing of

21

construction or modernization of facilities, apparatus

22

equipment, communication equipment, accessory equipment, nor,

23

except as provided in subsection (a)(4), shall be made or used

24

to reduce any debt or other obligations issued prior to the

25

effective date of this subchapter.

26

(e)  Payment.--Loans made by the agency shall be paid from

27

the Volunteer Companies Loan Fund to the volunteer fire

28

companies, ambulance services and rescue squads in accordance

29

with rules and regulations promulgated by the agency.

30

(f)  Deposit.--All payments of interest on the loans and the

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1

principal thereof shall be deposited by the agency in the

2

Volunteer Companies Loan Fund.

3

(g)  Eligibility.--A volunteer fire company, ambulance

4

service and rescue squad shall be eligible for a loan regardless

5

of legal ownership in whole or in part by any political

6

subdivision of any facilities or apparatus equipment used by the

7

volunteer fire company, volunteer ambulance and volunteer rescue

8

squad. Any equipment or facilities financed may be transferred

9

to a political subdivision served by the volunteer fire company,

10

volunteer ambulance service or volunteer rescue squad subject to

11

such security as shall be determined by the agency.

12

(h)  Maximum amount.--Notwithstanding any other provision of

13

this section to the contrary, the maximum amount of any loan to

14

a volunteer fire company, volunteer ambulance service and

15

volunteer rescue squad for the purchase of fire fighting

16

apparatus, ambulances or rescue vehicles manufactured or

17

assembled in this Commonwealth may exceed the loan limits set

18

forth in this section by $10,000.

19

§ 7365.  Volunteer Companies Loan Fund.

20

(a)  General rule.--There is created a special fund in the

21

Treasury Department to be known as the Volunteer Companies Loan

22

Fund to which shall be credited all appropriations made by the

23

General Assembly other than appropriations for expenses of

24

administering this subchapter or grants from other sources to

25

the agency as well as repayment of principal and interest on

26

loans made under this subchapter.

27

(b)  Requisition.--Upon approval of the loan, the agency

28

shall routinely requisition from the Volunteer Companies Loan

29

Fund such amounts as shall be allocated by the agency for loans

30

to volunteer companies. When and as the amounts so allocated as

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1

loans to volunteer companies are repaid pursuant to the terms of

2

the agreements made and entered into with the agency, the agency

3

shall pay such amounts into the Volunteer Companies Loan Fund,

4

it being the intent of this subchapter that the Volunteer

5

Companies Loan Fund shall operate as a revolving fund whereby

6

all appropriations and payments made thereto may be applied and

7

reapplied to the purposes of this subchapter.

8

§ 7366.  Powers and duties of agency.

9

(a)  Mandatory.--The powers and duties of the agency shall

10

be:

11

(1)  To appoint agents and employees, necessary to the

12

administration of this subchapter, and to prescribe their

13

duties and to fix their compensation within the limitations

14

provided by law.

15

(2)  To accept grants from the Federal Government and any

16

other individual, agency or government for use in the

17

Volunteer Companies Loan Fund.

18

(3)  To loan money over a term of years, but in no case

19

in excess of 20 years.

20

(4)  To promulgate such rules and regulations as it deems

21

necessary to carry out its powers and duties under this

22

subchapter.

23

(b)  Discretionary.--The powers and duties of the agency may

24

be:

25

(1)  To require security for all loans.

26

(2)  To specify priority of liens against any facilities,

27

apparatus equipment, ambulances, rescue vehicles or any

28

equipment purchased by volunteer companies using funds loaned

29

under this subchapter to pay all or any part of the purchase

30

price, as the agency may require by regulation.

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1

§ 7367.  Authority to borrow.

2

Under the provisions of section 7(a)(3) of Article VIII of

3

the Constitution of Pennsylvania and the referenda approved by

4

the electorate on November 4, 1975, November 3, 1981, November

5

6, 1990, and November 5, 2002, the Governor, Auditor General and

6

State Treasurer are authorized and directed to borrow, on the

7

credit of the Commonwealth, money not exceeding in the aggregate

8

the sum of $100,000,000 to implement this subchapter, the act of

9

September 25, 1975 (P.L.296, No.95), entitled "An act

10

authorizing the indebtedness, with the approval of the electors,

11

of ten million dollars for loans to volunteer fire companies,

12

volunteer ambulance services and volunteer rescue squads for the

13

purpose of establishing or modernizing facilities to house fire

14

fighting apparatus equipment, ambulances, and rescue vehicles,

15

and for purchasing new fire fighting apparatus equipment,

16

ambulances, and rescue vehicles, protective and communications

17

equipment, and any other accessory equipment necessary for the

18

proper performance of such organizations' duties," and the act

19

of June 30, 1981 (P.L.138, No.44), entitled "An act authorizing

20

the indebtedness, with the approval of the electors, of

21

$15,000,000 for loans to volunteer fire companies, volunteer

22

ambulance services and volunteer rescue squads for the purpose

23

of establishing or modernizing facilities to house firefighting

24

apparatus equipment, ambulances, and rescue vehicles, and for

25

purchasing firefighting apparatus equipment, ambulances, and

26

rescue vehicles, protective and communications equipment, and

27

any other accessory equipment necessary for the proper

28

performance of such organizations' duties," as well as to

29

implement in part section 31.3 of the act of June 29, 2002

30

(P.L.559, No.89), entitled "An act amending the act of March 4,

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1

1971 (P.L.6, No.2), entitled 'An act relating to tax reform and

2

State taxation by codifying and enumerating certain subjects of

3

taxation and imposing taxes thereon; providing procedures for

4

the payment, collection, administration and enforcement thereof;

5

providing for tax credits in certain cases; conferring powers

6

and imposing duties upon the Department of Revenue, certain

7

employers, fiduciaries, individuals, persons, corporations and

8

other entities; prescribing crimes, offenses and penalties,'

9

further providing, in sales and use tax, for definitions, for

10

imposition, for exclusions, for licenses, for collection, for

11

bulk and auction sales and for crimes; providing, in local tax

12

situs, for situs of mobile telecommunications services; further

13

providing, in personal income tax, for definitions, for classes

14

of income, for special tax provisions for poverty, for

15

contributions, for bulk and auction sales and transfers; in

16

corporate net income tax, for definitions, for imposition and

17

for interest in unincorporated entities; and in capital stock

18

and franchise tax, for definitions, for imposition, for deposit

19

of proceeds, for interest in unincorporated entities and for

20

applicability and expiration; establishing revenue-neutral

21

reconciliation in utilities gross receipts tax; providing, in

22

public utility realty tax and for surcharge; further providing,

23

in realty transfer tax, for furnishing stamps; in cigarette tax,

24

for incidence and rate, for floor tax, for commissions on sales

25

and for disposition of certain funds; in research and

26

development tax credit, for time limitations and for

27

termination; in inheritance tax, for definitions, for transfers

28

not subject to tax and for estate tax and for estate tax

29

returns; providing for immediate assessment, settlement or

30

collection and for depreciation of certain property in cities of

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1

the first class; and making repeals."

2

§ 7368.  Bonds, issue, maturity and interest.

3

(a)  General rule.--As evidence of the indebtedness

4

authorized by this subchapter, general obligation bonds of the

5

Commonwealth shall be issued from time to time for such total

6

amounts, in such form, in such denominations, and subject to

7

such terms and conditions of issue, redemption and maturity,

8

rate or rates of interest, and time of payment of interest, as

9

the Governor, Auditor General and State Treasurer shall direct,

10

except that the latest stated maturity date shall not exceed 30

11

years from the date of the bond first issued for each series.

12

(b)  Facsimile signatures.--All bonds issued under the

13

authority of this subchapter shall bear facsimile signatures of

14

the Governor, Auditor General and State Treasurer, and a

15

facsimile of the Great Seal of the Commonwealth and shall be

16

countersigned by two duly authorized officers of the duly

17

authorized loan and transfer agents of the Commonwealth.

18

(c)  Direct obligations.--All bonds issued in accordance with

19

this subchapter shall be direct obligations of the Commonwealth,

20

and the full faith and credit of the Commonwealth are hereby

21

pledged for the payment of the interest thereon as the same

22

shall become due and the payment of the principal thereof at

23

maturity. All bonds issued under this subchapter shall be exempt

24

from taxation for State and local purposes. The principal of and

25

interest on such bonds shall be payable in lawful money of the

26

United States.

27

(d)  Types of bonds.--Bonds may be issued as coupon bonds or

28

registered as to both principal and interest as the issuing

29

officials may determine. If interest coupons are attached, they

30

shall contain the facsimile signature of the State Treasurer.

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1

(e)  Authorization.--The issuing officials shall provide for

2

the amortization of the bonds in substantial and regular amounts

3

over the term of the debt, except that the first retirement of

4

principal shall be stated to mature prior to the expiration of a

5

period of time equal to one-tenth of the time from the date of

6

the first obligation issue to evidence such debt to the date of

7

the expiration of the term of the debt. Retirements of principal

8

shall be regular and substantial if made in annual or semiannual

9

amounts whether by stated serial maturities or by mandatory

10

sinking fund retirements computed in accordance with either a

11

level annual debt service plan, as nearly as may be, or upon the

12

equal annual maturities plan.

13

(f)  Preparation and printing.--The Governor, the Auditor

14

General and the State Treasurer shall have the necessary bonds

15

prepared and printed. Upon preparation and printing, the bonds

16

immediately shall be deposited with the duly authorized loan and

17

transfer agent of the Commonwealth and shall remain in the

18

agent's possession until sold in accordance with this

19

subchapter.

20

§ 7369.  Sale of bonds.

21

(a)  General rule.--Bonds shall be offered for sale at not

22

less than 98% of the principal amount and accrued interest and

23

shall be sold by the Governor, the Auditor General and State

24

Treasurer to the highest and best bidder or bidders after due

25

public advertisement, on such terms and conditions and upon such

26

open competitive bidding, as the Governor, Auditor General and

27

State Treasurer shall direct. The manner and character of

28

advertisement and the times of advertising shall be prescribed

29

by the Governor, the Auditor General and the State Treasurer.

30

(b)  Private sale.--Any portion of any bond issue so offered

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1

and not sold or subscribed for may be disposed of by private

2

sale by the Governor, the Auditor General and the State

3

Treasurer, in such manner and at such prices, not less than 98%

4

of the principal amount and accrued interest, as the Governor

5

shall direct. No commission shall be allowed or paid for the

6

sale of any bonds issued under the authority of this subchapter.

7

(c)  Series.--When bonds are issued from time to time, the

8

bonds of each issue shall constitute a separate series to be

9

designated by the issuing officials or may be combined for sale

10

as one series with other general obligation bonds of the

11

Commonwealth.

12

§ 7370.  Refunding bonds.

13

The Governor, Auditor General and the State Treasurer are

14

authorized to provide, by resolution, for the issuance of

15

refunding bonds for the purpose of refunding any bonds issued

16

under this subchapter and then outstanding, either by voluntary

17

exchange with the holders of the outstanding bonds, or by

18

providing funds to redeem and retire such outstanding bonds with

19

accrued interest and any premium payable thereon, at maturity or

20

at any call date. The issuance of such refunding bonds, the

21

maturities and other details thereof, the rights of the holders

22

thereof and the duties of the Governor, Auditor General and the

23

State Treasurer in respect to the same shall be governed by this

24

subchapter, insofar as this subchapter may be applicable.

25

Refunding bonds may be issued by the Governor, Auditor General

26

and the State Treasurer to refund bonds originally issued or to

27

refund bonds previously issued for refunding purposes.

28

§ 7371.  Disposition and use of proceeds.

29

(a)  General rule.--The proceeds realized from the sale of

30

bonds under this subchapter shall be paid into the Volunteer

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1

Companies Loan Fund and are specifically dedicated to the

2

purposes of the referenda of November 4, 1975, November 3, 1981,

3

November 6, 1990, and November 5, 2002, as implemented by this

4

subchapter. The moneys shall be paid by the State Treasurer

5

periodically to those agencies or authorities authorized to

6

expend the moneys at such times and in such amounts as may be

7

necessary to satisfy the funding needs of the agency or

8

authority.

9

(b)  Investing.--Pending their application to the purposes

10

authorized, moneys held or deposited by the State Treasurer may

11

be invested or reinvested as are other funds in the custody of

12

the State Treasurer in the manner provided by law. All earnings

13

received from the investment or deposit of such funds shall be

14

paid into the State treasury to the credit of the Volunteer

15

Companies Loan Fund.

16

§ 7372.  Registration of bonds.

17

The Auditor General shall prepare the necessary registry book

18

to be kept in the office of the duly authorized loan and

19

transfer agent of the Commonwealth for the registration of any

20

bonds, at the request of owners thereof, according to the terms

21

and conditions of issue directed by the Governor, the Auditor

22

General and the State Treasurer. All bonds which are issued

23

without interest coupons attached shall be registered in the

24

registry books kept by the duly authorized loan and transfer

25

agent of the Commonwealth.

26

§ 7373.  Information to General Assembly.

27

It shall be the duty of the Governor to include in every

28

budget submitted to the General Assembly, full information

29

relating to the issuance of bonds under this subchapter, and the

30

status of the sinking fund of the Commonwealth for the payment

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1

of the interest on said bonds and the principal thereof at

2

maturity.

3

§ 7374.  Volunteer Company Loan Sinking Fund and investments.

4

All bonds issued under this subchapter shall be redeemed at

5

maturity and all interest due from time to time on such bonds

6

shall be paid from the Volunteer Company Loan Sinking Fund,

7

which is hereby created. For the specific purpose of redeeming

8

bonds issued under this subchapter at maturity and paying all

9

interest thereon in accordance with the information received

10

from the Governor, the General Assembly shall appropriate moneys

11

to the Volunteer Company Loan Sinking Fund for the payment of

12

interest on such bonds and the principal thereof at maturity.

13

All moneys paid into the Volunteer Company Loan Sinking Fund and

14

all of such moneys not necessary to pay accruing interest shall

15

be invested by the Board of Finance and Revenue in such

16

securities as are provided by law for the investment of the

17

sinking funds of the Commonwealth.

18

§ 7375.  Expenses of preparation, issue and sale of bonds.

19

There is appropriated to the State Treasurer from the

20

proceeds of the bonds issued as much moneys as may be necessary

21

for all costs and expenses in connection with the issue of and

22

sale and registration of the bonds in connection with this

23

subchapter.

24

§ 7376.  Repayment obligations for principal and interest.

25

The General Assembly shall appropriate an amount equal to

26

moneys received from the agency under section 7365 (relating to

27

Volunteer Companies Loan Fund) and such other moneys as may be

28

necessary to meet repayment obligations for principal and

29

interest into the Volunteer Company Loan Sinking Fund.

30

§ 7377.  Quorum.

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1

Whenever under this subchapter an action is to be taken or a

2

decision is to be made by the Governor, the Auditor General and

3

the State Treasurer, and the three officers shall not be able to

4

agree unanimously, the action or decision of the Governor and

5

either the Auditor General or State Treasurer shall be binding

6

and final.

7

§ 7378.  Temporary financing authorization.

8

(a)  General rule.--Pending the issuance of bonds of the

9

Commonwealth, the Governor, Auditor General and State Treasurer

10

are authorized on the credit of the Commonwealth to make

11

temporary borrowings of such moneys as may from time to time be

12

necessary to carry out the purposes of this subchapter and are

13

authorized in the name and on behalf of the Commonwealth to

14

enter into loan or credit agreements with any banks or trust

15

companies or other lending institutions or persons in the United

16

States having power to enter into the same.

17

(b)  Notes.--All temporary borrowings made under the

18

authority of this section shall be evidenced by notes of the

19

Commonwealth, which shall be issued from time to time for such

20

amounts not exceeding in the aggregate the sum of $100,000,000

21

in such form and in such denominations, and subject to such

22

terms and conditions of issue, prepayment or redemption and

23

maturity, rate of interest and time of payment of interest, as

24

the issuing officials shall direct. All notes issued under the

25

authority of this section shall bear the facsimile signatures of

26

the issuing officials and a facsimile of the Great Seal of the

27

Commonwealth, and shall be countersigned by one duly authorized

28

officer of a duly authorized loan and transfer agent of the

29

Commonwealth.

30

(c)  Funding of notes.--All such notes shall be funded and

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1

retired by the issuance and sale of bonds of the Commonwealth to

2

the extent that payment of such notes has not otherwise been

3

made or provided for.

4

(d)  Proceeds.--The proceeds of all such temporary borrowings

5

shall be paid into the Volunteer Companies Loan Fund.

6

§ 7378.1.  Referendum for additional indebtedness.

7

The following shall apply:

8

(1)  The question of incurring indebtedness of

9

$25,000,000 for loans to volunteer fire companies, volunteer

10

ambulance services and volunteer rescue squads for the

11

purpose of establishing or modernizing facilities to house

12

firefighting apparatus equipment, ambulances and rescue

13

vehicles, and for purchasing firefighting apparatus

14

equipment, ambulances and rescue vehicles, protective and

15

communications equipment and any other accessory equipment

16

necessary for the proper performance of such organizations'

17

duties, shall be submitted to the electors at the next

18

primary, municipal or general election held after July 15,

19

1976.

20

(2)  The Secretary of the Commonwealth shall forthwith

21

certify the question to the county boards of election.

22

(3)  The question shall be in substantially the following

23

form:

24

Do you favor the incurring of indebtedness of

25

$25,000,000 for loans to volunteer fire companies,

26

volunteer ambulance services and volunteer rescue squads

27

for the purpose of establishing or modernizing facilities

28

to house firefighting apparatus equipment, ambulances and

29

rescue vehicles, and for purchasing firefighting

30

apparatus equipment, ambulances and rescue vehicles,

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1

protective and communications equipment, and any other

2

accessory equipment necessary for the proper performance

3

of such organizations' duties?

4

(4)  The election shall be conducted in accordance with

5

the act of June 3, 1937 (P.L.1333, No.320), known as the

6

Pennsylvania Election Code, except that the time limits for

7

advertisement of notice of the election may be waived as to

8

the question.

9

(5)  Proceeds of borrowing shall be used through loans to

10

volunteer fire companies, volunteer ambulance services and

11

volunteer rescue squads pursuant to and for any purpose

12

established by this subchapter.

13

§ 7378.2.  Authorization of contracts, reimbursement procedure

14

and amount.

15

The following shall apply:

16

(1)  The Secretary of General Services is authorized to

17

enter into contracts with local volunteer fire, ambulance and

18

rescue companies to provide services necessary to extinguish

19

fires or perform any other allied services on State-owned

20

property.

21

(2)  The Secretary of Transportation is authorized to

22

enter into contracts with local volunteer fire, ambulance and

23

rescue companies to provide services necessary to extinguish

24

fires or perform any other allied services on limited access

25

highways, other than the Pennsylvania Turnpike.

26

§ 7378.3.  Reimbursement procedure and amount.

27

The following shall apply:

28

(1)  A contract between the Secretary of General Services

29

or the Secretary of Transportation and a local volunteer

30

fire, ambulance and rescue company shall provide that the

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1

Department of General Services or the Department of

2

Transportation shall, monthly, upon receipt of proper proof,

3

reimburse each contracted volunteer fire, ambulance and

4

rescue company attending and providing fire control or other

5

allied services on State-owned property or limited access

6

highways, as the case may be, a minimum amount of $50 for

7

each verified fire or emergency call and the cost of any

8

special extinguishing agents utilized, which the volunteer

9

fire, ambulance and rescue company made in the preceding

10

month as certified by the person in charge at the particular

11

State-owned property or by an individual or individuals

12

designated by the Secretary of Transportation to verify

13

services rendered on limited access highways.

14

(2)  A contract between the Department of General

15

Services or the Department of Transportation and a local

16

volunteer ambulance or rescue company shall also provide that

17

the ambulance or rescue company request reimbursement from

18

collectible insurance proceeds available as a result of the

19

fire or emergency situation for which the ambulance or rescue

20

company provided allied services. Proceeds payable to the

21

ambulance or rescue company shall be deducted from the

22

reimbursement for services provided pursuant to a contract

23

entered into under this subchapter. Prior to payment for

24

services rendered, the local volunteer ambulance or rescue

25

company shall provide proof that they requested reimbursement

26

from collectible insurance proceeds.

27

(3)  A false alarm on State-owned property to which a

28

volunteer fire, ambulance or rescue company responds shall

29

constitute a fire or emergency call and shall be reimbursed

30

at a rate set by the contract with the Secretary of General

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1

Services, but shall not be less than $25 for each occurrence.

2

SUBCHAPTER F

3

STATE FIRE COMMISSIONER

4

Sec.

5

7381.  Scope of subchapter.

6

7382.  Definitions.

7

7383.  State Fire Commissioner.

8

7384.  Pennsylvania State Fire Academy.

9

7385.  Pennsylvania Volunteer Loan Assistance Program.

10

7386.  Fire Safety Advisory Committee.

11

7387.  Appropriations.

12

§ 7381.  Scope of subchapter.

13

This subchapter relates to the State Fire Commissioner.

14

§ 7382.  Definitions.

15

The following words and phrases when used in this subchapter

16

shall have the meanings given to them in this section unless the

17

context clearly indicates otherwise:

18

"Agency."  The Pennsylvania Emergency Management Agency.

19

"Commissioner."  The State Fire Commissioner.

20

"Committee."  The Fire Safety Advisory Committee.

21

§ 7383.  State Fire Commissioner.

22

(a)  State Fire Commissioner.--There shall be a State Fire

23

Commissioner, who, through the Lieutenant Governor, shall report

24

to the Governor on all matters concerning fire safety in this

25

Commonwealth. The Office of the State Fire Commissioner shall be

26

within the agency for administrative purposes only, and the

27

commissioner shall not report to the director of the agency. The

28

commissioner shall have the power and duty to:

29

(1)  Coordinate the activities of State and local

30

community interests engaged in fire prevention and control

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1

activities.

2

(2)  Serve as a focal point for information relative to

3

fires, property damage, injuries and the loss of life.

4

(3)  Disseminate, through periodic reports, information

5

about fire prevention efforts and fire control techniques.

6

(4)  Develop and participate in a program of public

7

information and education designed to create a public

8

awareness of the incidence and the ravages of fire and

9

methods the individual can take to prevent fires and minimize

10

loss when they occur.

11

(5)  Serve as a central point to support local efforts

12

and interests in all matters pertinent to fire prevention and

13

control.

14

(b)  Transfer.--The commissioner shall use, employ and

15

expend, in connection with the functions, powers and duties

16

enumerated in subsection (a) for the position of the

17

commissioner, contract obligations, if any, records, files,

18

property, supplies and equipment now being used or held in

19

connection with such functions, powers and duties and the

20

unexpended balance of appropriations, allocations, Federal

21

grants and other funds available or to be made available for use

22

in connection with such functions, powers and duties as

23

previously were vested in the agency by Reorganization Plan No.5

24

of 1981 (P.L.612).

25

(c)  Qualifications and appointment.--The commissioner shall

26

be a person who, by reason of training, experience and

27

attainment, is qualified to coordinate fire prevention and

28

control activities. The commissioner shall be appointed by the

29

Governor after consultation with the fire service community. The

30

commissioner shall act as the Commonwealth's primary

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1

representative with the Statewide fire service community.

2

§ 7384.  Pennsylvania State Fire Academy.

3

(a)  Creation.--There is created the Pennsylvania State Fire

4

Academy, which shall be under the operational control of the

5

commissioner. The commissioner shall administratively provide

6

for the erection or construction, the furnishing, the staffing

7

and the equipping of buildings and structures through the

8

Department of General Services and for the leasing thereof by

9

the Commonwealth for the use and support of the Pennsylvania

10

State Fire Academy. The Pennsylvania State Firemen's Training

11

School and the powers and duties of the Department of Education

12

and the Public Service Institute Board pertaining to the

13

Pennsylvania State Firemen's Training School, which were

14

transferred to the agency under Reorganization Plan No.6 of 1981

15

(P.L.613) and which are set forth in Subchapter D (relating to

16

State Firemen's Training School), are hereby transferred to and

17

vested in the commissioner.

18

(b)  Transfer.--There are transferred to the commissioner, to

19

be used, employed and expended in connection with the functions,

20

powers and duties enumerated in subsection (a), personnel,

21

contract obligations, if any, records, files, property, supplies

22

and equipment now being used or held in connection with such

23

functions, powers and duties and the unexpended balance of

24

appropriations, allocations, Federal grants and other funds

25

available or to be made available for use in connection with

26

such functions, powers and duties as previously were vested in

27

the Department of Education and the Public Service Institute

28

Board under Subchapter D, and transferred to the agency by

29

Reorganization Plan No.6 of 1981 (P.L.613).

30

(c)  Hazardous chemical and radioactive material training.--

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1

The Pennsylvania State Fire Academy shall serve as the resident

2

Commonwealth government center for hazardous chemical and

3

radioactive material training. The Pennsylvania State Fire

4

Academy is authorized to use resident and field staff to support

5

this training.

6

(d)  Firefighter training and certification.--A Statewide

7

firefighter training program shall be implemented by the

8

commissioner to educate the fire service community about the

9

importance of firefighter health and safety. This program shall

10

include measures designed to increase the mobility of training

11

courses throughout this Commonwealth, to enhance firefighter

12

accessibility to training course offerings and to improve and

13

expand training for and response capability to emergencies with

14

emphasis on hazardous materials incidents. The program shall

15

also include implementation of a firefighter certification

16

program in accordance with parameters developed by the

17

commissioner consistent with established standards. The

18

acquisition of physical resources to enhance Statewide

19

capability shall be coordinated by the commissioner.

20

(e)  Administration.--

21

(1)  The commissioner may assess reasonable fees on for-

22

profit corporations and businesses and on students who are

23

nonresidents of this Commonwealth for fire, rescue and

24

emergency service training programs provided to them by the

25

Pennsylvania State Fire Academy, but in no event shall any

26

member of a municipal or volunteer fire, rescue, ambulance or

27

other emergency service organization located within this

28

Commonwealth be charged for training provided at the

29

Pennsylvania State Fire Academy.

30

(2)  The commissioner may charge all students for class

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1

materials and supplies directly related to the conduct of

2

classes provided at the Pennsylvania State Fire Academy and

3

for insignia, patches and similar memorabilia indicating

4

student attendance or achievement at the Pennsylvania State

5

Fire Academy.

6

(3)  All revenues generated by these fees and charges

7

shall augment the appropriation made to the Office of the

8

State Fire Commissioner.

9

§ 7385.  Pennsylvania Volunteer Loan Assistance Program.

10

(a)  Creation.--There shall be a loan assistance program,

11

which shall be implemented by the commissioner, for volunteer

12

agencies, known as the Pennsylvania Volunteer Loan Assistance

13

Program, which shall make loans under Subchapter E (relating to

14

volunteer fire company, ambulance service and rescue squad

15

assistance). The Pennsylvania Volunteer Loan Assistance Program

16

and the powers and duties previously vested in the Department of

17

Community Affairs, which were transferred to the agency under

18

Reorganization Plan No.7 of 1981 (P.L.615) and which are set

19

forth under Subchapter E, are hereby transferred to and vested

20

in the commissioner.

21

(b)  Transfer.--There are transferred to the commissioner, to

22

be used, employed and expended in connection with the functions,

23

powers and duties enumerated in subsection (a), personnel,

24

contractual obligations, if any, mortgages, liens, encumbrances

25

and any other secured interests, records, files, property,

26

supplies and equipment now being used or held in connection with

27

such functions, powers and duties and the unexpended balance of

28

appropriations, allocations and other funds available or to be

29

made available for use in connection with such functions, powers

30

and duties as previously were vested in the Department of

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1

Community Affairs under Subchapter E and transferred to the

2

agency by Reorganization Plan No.7 of 1981 (P.L.615).

3

(c)  Regulations.--The Volunteer Loan Assistance Program

4

regulations found in 4 Pa. Code Ch. 113 (relating to volunteer

5

fire company, ambulance service and rescue squad assistance) are

6

hereby transferred to the commissioner from the agency. The

7

commissioner shall fully implement and administer those

8

regulations on or before January 12, 1996. The commissioner may

9

be substituted for the agency throughout the regulations and the

10

regulations may be renumbered and published in the Pennsylvania

11

Bulletin as final regulations without those regulatory changes

12

being subject to the provisions of the act of June 25, 1982

13

(P.L.633, No.181), known as the Regulatory Review Act.

14

§ 7386.  Fire Safety Advisory Committee.

15

(a)  Creation.--

16

(1)  There is created the Fire Safety Advisory Committee

17

to assist the commissioner. The committee shall consist of

18

nine members, as follows:

19

(i)  The director of the agency, ex officio.

20

(ii)  The commissioner, who shall serve as chairman.

21

(iii)  Two paid firefighters to be appointed by the

22

Governor from a list of at least six nominees submitted

23

by the Pennsylvania Professional Firefighters

24

Association.

25

(iv)  One member of the public to be appointed by the

26

Governor.

27

(v)  Four volunteer firefighters, one each to be

28

appointed by the President pro tempore of the Senate, the

29

Minority Leader of the Senate, the Speaker of the House

30

of Representatives and the Minority Leader of the House

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1

of Representatives.

2

(2)  Members of the committee shall serve at the pleasure

3

of their appointing authority. The committee shall advise the

4

commissioner on matters pertaining to the operation of the

5

Pennsylvania State Fire Academy and any other matters as the

6

commissioner may request.

7

(b)  Expenses.--Members of the committee shall receive

8

reimbursement for reasonable travel, hotel and other necessary

9

expenses incurred in the performance of their duties in

10

accordance with Commonwealth regulations.

11

§ 7387.  Appropriations.

12

All appropriations for the commissioner shall be by a

13

separate line item in the General Appropriation Act.

14

Section 4.  Title 35 is amended by adding a chapter to read:

15

CHAPTER 74

16

VOLUNTEER FIREFIGHTERS

17

Subchapter

18

A.  Preliminary Provisions

19

B.  Relief Association

20

C.  Employment Sanctions

21

D.  Special Fire Police

22

SUBCHAPTER A

23

PRELIMINARY PROVISIONS

24

Sec.

25

7401.  Scope of chapter.

26

7402.  Definitions (Reserved).

27

7403.  Insurance and compensation.

28

§ 7401.  Scope of chapter.

29

This chapter relates to volunteer firefighters.

30

§ 7402.  Definitions (Reserved).

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1

§ 7403.  Insurance and compensation.

2

A city, borough or township may expend out of the public

3

funds of the municipality an amount necessary to secure

4

insurance or compensation for volunteer firemen killed or

5

injured while going to, returning from or attending fires in the

6

municipality or territory adjacent thereto.

7

SUBCHAPTER B

8

RELIEF ASSOCIATION

9

Sec.

10

7411.  Scope of subchapter.

11

7412.  Definitions.

12

7413.  Statement of purpose.

13

7414.  Construction.

14

7415.  Structure.

15

7416.  Funds.

16

7417.  Cooperation agreements.

17

7418.  Audits.

18

7419.  Dissolution.

19

§ 7411.  Scope of subchapter.

20

This subchapter relates to relief associations.

21

§ 7412.  Definitions.

22

The following words and phrases when used in this subchapter

23

shall have the meanings given to them in this section unless the

24

context clearly indicates otherwise:

25

"Fire service."  The service of organized groups of

26

individuals, not only in training for and in active duty in the

27

protection of the public against fire, but also in the training

28

for and the performance of such other activities as are commonly

29

undertaken by fire companies and their affiliated organizations,

30

including, but not limited to, fire prevention, first aid,

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1

rescue and salvage, ambulance service, fire police work, radio

2

communications, assistance at accidents, control of crowds both

3

on the fire grounds and at occasions of public or general

4

assembly, animal rescue, abatement of conditions due to storm,

5

flood or general peril, abatement or removal of hazards to

6

safety and participation in public celebrations, parades,

7

demonstrations and fundraising campaigns.

8

"Volunteer firefighter."  A person who is a member of:

9

(1)  a fire company organized and existing under the laws

10

of this Commonwealth;

11

(2)  a fire police unit, rescue squad, ambulance corps or

12

other like organization affiliated with one or more fire

13

companies; or

14

(3)  a fire company or affiliated organization which

15

participates in the fire service but does not look to that

16

service as his or her primary means of livelihood.

17

A person does not lose status as a volunteer firefighter solely

18

because he or she may also be a paid firefighter, so long as the

19

person is acting within the scope of his or her responsibilities

20

as a member of a volunteer fire company at the pertinent time

21

and not within the scope of his or her responsibilities as a

22

paid firefighter.

23

"Volunteer firefighters' relief association."  An

24

organization formed primarily to afford financial protection to

25

volunteer firefighters against the consequences of misfortune

26

suffered as a result of their participation in the fire service.

27

The organization may contain within its membership the members

28

of one or more fire companies and may serve secondary purposes,

29

as set forth in this subchapter, but only if adequate provisions

30

have been first made to serve the primary purpose.

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1

§ 7413.  Statement of purpose.

2

The purpose of this subchapter is to encourage individuals to

3

take part in the fire service as volunteer firefighters by

4

establishing criteria and standards for orderly administration

5

and conduct of affairs of firefighters' relief associations to

6

ensure, as far as circumstances will reasonably permit, that

7

funds shall be available for the protection of volunteer

8

firefighters and their heirs in order to provide:

9

(1)  Financial assistance to volunteer firefighters who

10

may suffer injury or misfortune by reason of their

11

participation in the fire service.

12

(2)  Financial assistance to the widow, children and

13

other dependents of volunteer firefighters who lose their

14

lives as a result of their participation in the fire service.

15

(3)  For payment, either by insurance or by operation of

16

a beneficial fund, of a sum certain to designated

17

beneficiaries of a participating member following the death

18

of a member for any cause, and to establish criteria which

19

members must meet in order to qualify as participants in a

20

death benefit fund.

21

(4)  Safeguards for preserving life, health and safety of

22

volunteer firefighters to ensure their availability to

23

participate in the fire service.

24

(5)  Financial assistance to volunteer firefighters who,

25

after having actively participated in the fire service for a

26

specified minimum term, are no longer physically able to

27

continue participation and are in need of financial

28

assistance.

29

(6)  Funds to aid rehabilitation of volunteer

30

firefighters who have suffered an impairment of their

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1

physical capacity to continue to perform their normal

2

occupations.

3

(7)  Sufficient funds to ensure the efficient and

4

economic handling of the business of firefighters' relief

5

associations in accomplishing the objectives of this section.

6

§ 7414.  Construction.

7

This subchapter shall be:

8

(1)  Construed, applied and interpreted, so far as

9

circumstances permit, as justifying the actions of the

10

officers and members of volunteer firefighters' relief

11

associations affected by it, when the actions appear to have

12

been taken in good faith and in a bona fide belief that they

13

were in furtherance of the purposes of this subchapter.

14

(2)  Strictly construed and applied against persons

15

responsible:

16

(i)  for actions taken in willful disregard of the

17

purposes of this subchapter, or with reckless

18

indifference to those purposes; and

19

(ii)  if an action which has been called into

20

question results, has resulted or was likely to result in

21

an unmerited personal benefit to one or more of the

22

persons responsible for taking that action.

23

§ 7415.  Structure.

24

(a)  General rule.--A volunteer firefighters' relief

25

association may be a body corporate, governed by a charter and

26

bylaws or an unincorporated association of individuals governed

27

by bylaws and a constitution. In either case, it must provide

28

for taking and preserving minutes of all meetings and

29

maintenance of such books of account as may be necessary and

30

appropriate to afford a permanent record of its fiscal affairs.

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1

(b)  Constitution or charter.--The constitution or charter

2

shall:

3

(1)  State the name, purposes and form of the

4

organization.

5

(2)  Designate the class or classes of persons eligible

6

for membership and procedures to be followed in making

7

amendments.

8

(c)  Bylaws.--The bylaws shall:

9

(1)  Specify the requirements for securing membership,

10

voting rights of different classes of members, if there be

11

different classes, and conditions under which membership may

12

be terminated.

13

(2)  State the notice requirements and procedure to be

14

followed in calling meetings, as well as quorum requirements

15

for regular and special meetings of the membership and for

16

regular and special meetings of the body which governs the

17

operations of the association between membership meetings,

18

and shall designate that body, whether it be a board of

19

directors, trustees or any similar body such as an executive

20

committee. Unless otherwise provided for in the bylaws,

21

powers and duties of officers, directors and trustees shall

22

be those which normally pertain to such positions in

23

nonprofit corporations.

24

(3)  Require that the signatures of at least two

25

officers, one of whom shall be the disbursing officer, shall

26

be required to bind the association by formal contract or to

27

issue a negotiable instrument.

28

(4)  Require that the disbursing officer, whether

29

designated treasurer, comptroller, financial secretary or

30

otherwise, shall be bonded by corporate surety for faithful

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1

performance of duty. The amount of the bond shall be at least

2

as great as the maximum cash balance in current funds of the

3

association at any time during the fiscal year, and the

4

premium on the bond shall be a proper charge against funds of

5

the association.

6

(5)  State the procedure to be followed in nominating and

7

electing officers, trustees, directors and members of the

8

executive committee, according to the provisions which have

9

been made for establishment of those positions.

10

(6)  Establish procedures for the approval and payment of

11

expenditures, investment of funds and sale of investments.

12

(7)  Set out the procedure to be followed in amending

13

bylaws.

14

(8)  Specify notice required with respect to proposed

15

bylaw amendments, including the time, place and date when the

16

proposed amendments shall be considered.

17

(9)  Be faithfully preserved, along with amendments

18

thereto and the effective date of the amendments, in

19

permanent form.

20

(10)  Contain such other provisions as may, to the

21

membership, seem appropriate or necessary to the orderly

22

conduct of affairs of the association.

23

(d)  Standing procedures.--In addition to adopting bylaws, an

24

association may adopt standing procedures, which shall be such

25

matters as the membership may regard to be of a routine nature.

26

Standing procedures may be adopted, modified or repealed by

27

motion and majority vote but shall not be inconsistent with the

28

bylaws, and they shall be recorded as an appendix to the bylaws.

29

(e)  Charitable corporation.--A volunteer firefighters'

30

relief association organized or conducted in accordance with the

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1

requirements of this section shall be regarded as a charitable

2

corporation for all purposes, including the right to establish

3

exemption from the operation of certain taxes.

4

§ 7416.  Funds.

5

(a)  General rule.--A volunteer firefighters' relief

6

association may solicit and receive gifts and contributions from

7

any source, including municipal corporations, but shall not have

8

the right to receive any portion of the money distributed to

9

political subdivisions of this Commonwealth under Chapter 7 of

10

the act of December 18, 1984 (P.L.1005, No.205), known as the

11

Municipal Pension Plan Funding Standard and Recovery Act, unless

12

and until the governing body of at least one political

13

subdivision shall have certified to the Auditor General that the

14

association is a bona fide volunteer firefighters' relief

15

association, affiliated with a fire company which affords

16

protection against fire to all or a portion of the political

17

subdivision.

18

(b)  Deposit.--Funds of a volunteer firefighters' relief

19

association may be deposited in any bank, trust company or other

20

banking establishment accredited by the Commonwealth or insured

21

by the Government of the United States.

22

(c)  Investments.--All or any part of the funds of a

23

volunteer firefighters' relief association may be invested:

24

(1)  In any form of investment named in 20 Pa.C.S. Ch. 73

25

(relating to municipalities investments). First mortgages

26

insuring repayment of loans by relief associations shall

27

provide for a minimum interest payment of 3% and not exceed

28

80% of the appraised value of real property covered by the

29

mortgage.

30

(2)  In any obligation of a political subdivision, having

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1

the power to levy or collect taxes.

2

(3)  In any obligation of an incorporated fire company,

3

provided that the obligation is:

4

(i)  Secured by assets of the company having capital

5

value equal to at least 150% of the amount of the

6

obligation at the time it is made.

7

(ii)  Subject to provisions which amortize the loan

8

at a rate ensuring that the depreciated value of the

9

assets pledged shall continue to be at least 150% of the

10

balance due.

11

(d)  Limitation.--No investment shall be acquired, encumbered

12

or sold except pursuant to resolution duly enacted by the

13

governing body of the association.

14

(e)  Income from investments.--Income from investments may be

15

invested or spent in the same way as any other income.

16

(f)  Funds of any volunteer firefighters' relief association

17

may be spent:

18

(1)  To pay for such normal and reasonable running

19

expenses as may be appropriate to the businesslike conduct of

20

the affairs of the association, including legal fees, rental

21

or purchase of offices, payment of reasonable compensation of

22

employees and purchase of office equipment and supplies.

23

(2)  To purchase contracts of insurance which, at a

24

minimum, shall afford financial assistance to active members

25

of the fire service represented by the association against

26

losses due to injury suffered in the fire service and may

27

also provide, in the order named:

28

(i)  for payments to the surviving spouse or other

29

dependents of a member in the event of the member's

30

death;

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1

(ii)  for protection of active firefighters against

2

disease;

3

(iii)  for replacement or purchase of prosthetic

4

devices such as visual aids, hearing aids, dentures,

5

braces, crutches and the like, where those devices have

6

been lost or damaged while the owner was engaged in the

7

fire service or where the need for those devices arose

8

because of functional impairment attributable to

9

participation in the fire service;

10

(iv)  for repair or replacement, if necessary, of

11

articles of clothing or pocket pagers damaged or lost in

12

the course of participation in the fire service; and

13

(v)  for disability incurred after service for a

14

minimum of 20 years as a volunteer firefighter.

15

(3)  To maintain a beneficiary or death benefit fund and

16

to pay a sum certain from that fund to the beneficiary of a

17

participant in that fund upon death. If a beneficiary is not

18

designated or a designated one has predeceased the

19

participant, the sum certain shall be paid to the estate of

20

the participant.

21

(4)  To pay in full or in part for damage or loss in any

22

of the categories mentioned in paragraph (2) in a specific

23

case where:

24

(i)  no policy of insurance is in force covering the

25

risk; or

26

(ii)  the amount payable under insurance policies in

27

force is inadequate to cover the loss.

28

(5)  To pay the cost of procuring and forwarding tokens

29

of sympathy and goodwill to a volunteer firefighter who may

30

be ill or hospitalized as a result of participation in the

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1

fire service or who may die or who may be seriously ill for

2

any reason.

3

(6)  To make cash payments to families in distressed

4

circumstances by reason of age, infirmity or other disability

5

suffered by one of the family members in the course of

6

participation in the fire service as a volunteer firefighter.

7

(7)  To acquire and to maintain membership in any

8

Statewide association or corporation which extends advice and

9

assistance to firefighters' relief associations and to pay to

10

a duly elected delegate the reasonable expenses of travel and

11

maintenance for attending a meeting of the Statewide

12

association or corporation.

13

(8)  To contribute to or to purchase contracts of

14

insurance which will contribute to the cost of rehabilitating

15

and retraining volunteer firefighters who, by reason of their

16

participation in the fire service, have suffered a major

17

impairment of the ability to continue their vocation.

18

(9)  To pay for medical and surgical bills arising from

19

injuries sustained by volunteer firefighters while engaged in

20

activities of a fire company to the extent that the bills are

21

not covered by insurance provided by the relief association.

22

(10)  To pay reasonable expenses actually and necessarily

23

incurred for attending bona fide firefighters' training

24

schools.

25

(11)  To purchase safeguards for preserving life, health

26

and safety of volunteer firefighters to ensure their

27

availability to participate in the volunteer fire service.

28

(12)  To secure insurance against legal liability of

29

volunteer firefighters for loss and expense from claims

30

arising out of performance of official and authorized duties

- 103 -

 


1

while going to, returning from or attending fires or

2

performing their duties as special fire police.

3

(13)  To maintain comprehensive health, physical fitness

4

and physical monitoring programs that provide for physical

5

fitness activities, nutrition education and instruction and

6

health and fitness evaluation and monitoring, provided that

7

the programs have been approved by the nearest State-licensed

8

health care facility which is authorized to provide that

9

service.

10

(14)  To purchase exercise and fitness equipment for use

11

by volunteer firefighters, except that expenditures for

12

exercise and fitness equipment shall not exceed $2,000 in any

13

two-year period.

14

(15)  To purchase fire hoses and nozzles.

15

(16)  To purchase fire prevention materials for public

16

distribution.

17

§ 7417.  Cooperation agreements.

18

Two or more volunteer firefighters' relief associations may

19

jointly cooperate to enter into agreements to make expenditures

20

that are authorized under this subchapter. A joint cooperation

21

agreement may be enforced by and against a volunteer

22

firefighters' relief association.

23

§ 7418.  Audits.

24

(a)  General rule.--The Office of Auditor General shall have

25

the power, and its duty shall be, to audit the accounts and

26

records of every volunteer firefighters' relief association

27

receiving money under Chapter 7 of the act of December 18, 1984

28

(P.L.1005, No.205), known as the Municipal Pension Plan Funding

29

Standard and Recovery Act, as far as may be necessary to satisfy

30

the Auditor General that the money received was or is being

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1

expended for no purpose other than that authorized by this

2

subchapter. Copies of all audits shall be furnished to the

3

Governor.

4

(b)  Findings.--If the Auditor General finds that any money

5

received by a volunteer firefighters' relief association has

6

been expended for a purpose other than one authorized by this

7

subchapter, the Auditor General shall immediately notify the

8

Governor and shall decline to approve further requisitions

9

calling for payment to the volunteer firefighters' relief

10

association until the improperly expended amount has been

11

reimbursed to the relief association fund.

12

§ 7419.  Dissolution.

13

(a)  Withdrawal.--If the voters elect to replace a volunteer

14

fire company with a full-paid fire department or company and the

15

volunteer company which has been replaced ceases to render fire

16

service to any community, the volunteer company shall withdraw

17

from the volunteer firefighters' relief association which had

18

extended protection to its membership.

19

(b)  Continuation.--Notwithstanding withdrawal of a company

20

under subsection (a), the volunteer firefighters' relief

21

association shall continue granting financial assistance to its

22

remaining members and their families in death, sickness and

23

distress suffered through the unfortunate elements of life.

24

(c)  New members prohibited.--A volunteer firefighters'

25

relief association continuing under subsection (b) shall not

26

receive any new members.

27

(d)  Application.--When the membership of a relief

28

association functioning under subsection (b) diminishes to five

29

members, the association shall apply to the local common pleas

30

court for dissolution.

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1

(e)  Determination.--Upon receipt of an application under

2

subsection (d), the court shall direct that:

3

(1)  all bills, including the costs of dissolution, be

4

paid; and

5

(2)  the balance of funds in the treasury of the

6

volunteer firefighters' relief association subject to

7

dissolution be paid to the pension fund of the paid fire

8

department created as set forth in subsection (a).

9

SUBCHAPTER C

10

EMPLOYMENT SANCTIONS

11

Sec.

12

7421.  Scope of subchapter.

13

7422.  Definitions.

14

7423.  Prohibition on termination and discipline.

15

7424.  Prohibition on discrimination.

16

7425.  Lost time.

17

7426.  Statements.

18

7427.  Violations.

19

§ 7421.  Scope of subchapter.

20

This subchapter relates to employment sanctions.

21

§ 7422.  Definitions.

22

The following words and phrases when used in this subchapter

23

shall have the meanings given to them in this section unless the

24

context clearly indicates otherwise:

25

"Discipline."  The taking of an action against an employee

26

which adversely affects his regular pay to an extent greater

27

than permitted by section 7425 (relating to lost time), his job

28

status, his opportunity for promotion or his right to any

29

benefit granted by the employer to other similarly situated

30

employees.

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1

"Discriminate."  To discharge or to discipline in a manner

2

inconsistent with the employer's treatment of other similarly

3

situated employees who are injured in the course of their

4

employment or related activities.

5

"Employer."  An individual, partnership, association,

6

corporation, business trust or a person or group of persons

7

acting directly or indirectly in the interest of an employer in

8

relation to any employee.

9

"Line of duty."  Going to, coming from or during fire

10

prevention and safety activities which includes fire prevention,

11

first aid, rescue and salvage, ambulance service, fire police

12

work, assistance at accidents, control of crowds both on the

13

fire grounds and at occasions of public or general assembly,

14

animal rescue, abatement of conditions due to storm, flood or

15

general peril, abatement or removal of hazards to safety and

16

other activities as are commonly undertaken by fire companies,

17

ambulance services or rescue squads or their affiliated

18

organizations.

19

§ 7423.  Prohibition on termination and discipline.

20

No employer shall terminate or discipline an employee who is

21

a volunteer fireman, a volunteer member of the fire police or a

22

volunteer member of an ambulance service or rescue squad and, in

23

the line of duty, has responded to a call prior to the time he

24

was due to report for work resulting in a loss of time from his

25

employment.

26

§ 7424.  Prohibition on discrimination.

27

No employer shall discriminate against an employee because

28

the employee has been injured in the line of duty as a volunteer

29

fireman, a volunteer member of the fire police or a volunteer

30

member of an ambulance service or rescue squad, nor shall an

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1

employer discriminate against an employee injured in the line of

2

duty as a volunteer fireman, a volunteer member of the fire

3

police or a volunteer member of an ambulance service or rescue

4

squad who subsequently returns to work after receiving workers'

5

compensation benefits under the act of June 2, 1915 (P.L.736,

6

No.338), known as the Workers' Compensation Act.

7

§ 7425.  Lost time.

8

Time lost from employment as provided in section 7423

9

(relating to prohibition on termination and discipline) may be

10

charged to the regular pay of the employee.

11

§ 7426.  Statements.

12

An employee losing time as provided in section 7423 (relating

13

to prohibition on termination and discipline) shall supply his

14

employer with a statement from the chief executive officer of

15

his volunteer fire company, ambulance service or rescue squad or

16

its affiliated organization stating that he responded to a call

17

and the time of the call.

18

§ 7427.  Violations.

19

(a)  Employers.--An employer who willfully and knowingly

20

violates this subchapter shall be required to revoke a

21

disciplinary action and any penalty attached thereto, or to

22

reinstate such employee to his former position and shall be

23

required to pay the employee all lost wages and benefits for the

24

period between termination and reinstatement and reasonable

25

attorney fees incurred in an action to recover lost wages and

26

benefits.

27

(b)  Statute of limitations.--An action to enforce this

28

subchapter shall be commenced within two years of the date of

29

violation, and the action shall be commenced in the court of

30

common pleas of the county in which the employer is located.

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1

SUBCHAPTER D

2

SPECIAL FIRE POLICE

3

Sec.

4

7431.  Scope of subchapter.

5

7432.  Definitions (Reserved).

6

7433.  Nomination.

7

7434.  Confirmation.

8

7435.  Powers.

9

7436.  Power and authority in places other than where appointed.

10

7437.  Badge of authority and subordination.

11

§ 7431.  Scope of subchapter.

12

This subchapter applies to a volunteer fire company in any

13

city, borough, town, township or home rule municipality.

14

§ 7432.  Definitions (Reserved).

15

§ 7433.  Nomination.

16

An entity under section 7431 (relating to scope of

17

subchapter) may nominate any of its members as special fire

18

police.

19

§ 7434.  Confirmation.

20

Special fire police nominated under this subchapter shall,

21

before they enter upon their duties, be confirmed by the mayor

22

of the city, the mayor of the borough or town, the chairman of

23

the board of commissioners or supervisors of the township or the

24

chief executive officer of a home rule municipality, as the case

25

may be. 

26

§ 7435.  Powers.

27

(a)  Specific powers.--When confirmed and sworn and

28

displaying a badge of authority, special fire police shall have

29

full power to regulate traffic and keep crowds under control at

30

or in the vicinity of any fire on which their companies are in

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1

attendance and to exercise other police powers necessary to

2

facilitate and prevent interference with the work of firemen in

3

extinguishing fires. They shall also have the police powers

4

necessary to perform their duties when functioning as special

5

fire police at any function, event or parade conducted by, and

6

under the auspices of, a volunteer fire company, or another

7

event, function or parade conducted by an organization other

8

than a volunteer fire company, provided that the request to

9

perform these duties is made by the governing body of the city,

10

borough, town, township or home rule municipality in which the

11

event will be conducted, or when accidents, floods or any other

12

emergencies require performance of traffic-control and crowd-

13

control duties. The duties may be performed without prior

14

request from the governing body until the arrival of proper

15

State, city, borough, town, township or home rule municipality

16

police authority and thereafter subject to direction of the

17

police authority until the emergency no longer exists. A person

18

functioning as special fire police and performing a duty under

19

any of the conditions in this subsection shall be deemed to be

20

performing the duties of his employment.

21

(b)  Identification.--Fire police performing the duties under

22

this subchapter shall be identifiable by, at minimum, the

23

wearing of a distinctive arm band, hat, uniform or insignia.

24

(c)  Construction.--Under no circumstances shall this

25

subchapter be construed to grant special fire police the right

26

to use firearms or other weapons in the exercise of special fire

27

police powers granted by this subchapter.

28

§ 7436.  Power and authority in places other than where

29

appointed.

30

Whenever a volunteer fire company is in attendance on a fire

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1

or when the special fire police are on special duty as provided

2

under this subchapter, the special fire police in a city,

3

borough, town or township, other than the one in which the fire

4

company is organized, shall have the same power and authority in

5

another city, borough, town or township as they would have where

6

they were appointed.

7

§ 7437.  Badge of authority and subordination.

8

All special fire police when on duty shall display a badge of

9

authority and shall be subject to the control of the chief of

10

police, if any, of the city, borough, town or township in which

11

they are serving, or, if none, of a member of the Pennsylvania

12

State Police.

13

Section 5.  Title 35 is amended by adding sections to read:

14

§ 7708.  Fire force disbanded in favor of volunteers.

15

(a)  General rule.--No county, city, borough, town or

16

township which has paid employes on its fire force, including,

17

but not limited to, fire apparatus operators, except by

18

referendum, shall disband such fire force in favor of having

19

such services performed by volunteers.

20

(b)  Question.--The following shall apply:

21

(1)  Whenever authorized by ordinance of the governing

22

body or upon petition of the registered voters of any

23

municipality to the county board of electors of the county

24

wherein the municipality is located, an election shall be

25

held in the municipality upon the following question:

26

Shall the (county, city, borough, town or township)

27

disband the paid fire force in favor of having fire

28

protection services performed by volunteers?

29

The petition calling for such election shall be in the form

30

required by this section and shall be signed by electors of

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1

the municipality comprising 20% of the number of electors

2

registered to vote in the municipality. Within five days

3

after the final enactment of an ordinance authorizing such

4

election, the municipal clerk or secretary shall file a

5

certified copy of the ordinance with the county board of

6

elections, together with a copy of the question to be

7

submitted to the electors. At the next municipal or general

8

or primary election occurring not less than the 13th Tuesday

9

after the filing of the ordinance or the petition with the

10

county election board, it shall cause the  question in

11

paragraph (1) to be submitted to the electors of the

12

municipality as other questions are submitted under the

13

provisions of the act of June 3, 1937 (P.L.1333, No.320),

14

known as the Pennsylvania Election Code.

15

(2)  A referendum petition under this section shall be

16

filed not later than the 13th Tuesday prior to the election,

17

and the petition and the proceedings therein shall be in the

18

manner and subject to the provisions of the election laws

19

which relate to the signing, filing and adjudication of

20

nomination petitions insofar as such provisions are

21

applicable, except that no petition shall be signed or

22

circulated prior to the 20th Tuesday before the election nor

23

later than the 13th Tuesday before the election.

24

(3)  A city of the third class may conduct a referendum

25

under this section or, at the option of city council, under

26

Article X of the act of June 23, 1931 (P.L.932, No.317),

27

known as The Third Class City Code.

28

§ 7709.  Fires on State premises.

29

(a)  General rule.--When requested by a State officer or a

30

deputy serving as custodian of the premises, a volunteer fire,

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1

ambulance and rescue company or any member thereof is authorized

2

to enter Commonwealth-owned premises for the purpose of fighting

3

a fire.

4

(b)  Free assistance.--The Attorney General shall provide

5

free legal assistance to any volunteer fire, ambulance and

6

rescue company or member thereof who has entered State lands and

7

premises for the purpose of fighting a fire when such ambulance

8

or rescue company or member thereof is joined as a defendant in

9

any civil action arising out of the performance of his or its

10

duty under this section in fighting a fire after entering State

11

premises on proper request.

12

§ 7710.  Firefighters and Auxiliaries Day.

13

(a)  General rule.--In recognition of the invaluable services

14

performed by more than 500,000 firefighters and the similar

15

contributions made by their auxiliaries, the Sunday of the week

16

designated by the Governor as Fire Prevention Week shall be

17

Firefighters and their Auxiliaries Day. It is set aside to

18

commemorate the tireless efforts of those dedicated men and

19

women who brave incredible dangers so that all the citizenry can

20

lead fruitful lives without fear of the devastating consequences

21

of fire.

22

(b)  Proclamation.--The Governor shall issue a proclamation

23

each year calling upon all Pennsylvanians to commemorate the too

24

often unheralded gallantry and personal sacrifices of

25

firefighters and their auxiliaries and to observe that day with

26

appropriate honors, ceremonies and prayers.

27

§ 7711.  Firefighters' Memorial Flag.

28

(a)  Establishment.--There is established a Firefighters'

29

Memorial Flag for this Commonwealth.

30

(b)  Description.--The flag established in subsection (a)

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1

shall be a field of blue with a gold keystone in the center

2

which surrounds a Maltese cross, and, at the bottom of the blue

3

field, in gold capital letters, there is shown the phrase, "Lest

4

We Forget."

5

(c)  Use of flag.--The Firefighters' Memorial Flag may be

6

displayed over firefighters' memorials, during firefighter

7

funeral processions and from the poles of any public ground or

8

political subdivision for a period of not more than seven days

9

after the death of a firefighter, and as further directed by the

10

Pennsylvania State Fire Commissioner.

11

(d)  Agency responsibility.--The Pennsylvania Emergency

12

Management Agency, through the Office of the Pennsylvania State

13

Fire Commissioner, shall maintain the official flag and have the

14

responsibility to implement the provisions of this act and

15

oversee the production, acquisition and distribution of the

16

flag.

17

(e)  Limitation.--Authorized utilization of the Firefighters'

18

Memorial Flag by the Commonwealth or an entity thereof shall not

19

constitute a presumption of eligibility nor be permissible as

20

substantiating evidence for claims filed under the act of June

21

24, 1976 (P.L.424, No.101), referred to as the Emergency and Law

22

Enforcement Personnel Death Benefits Act.

23

(f)  Appropriation.--The moneys necessary for the production,

24

acquisition and distribution of the Firefighters' Memorial Flag

25

in the first year shall be paid from period appropriations from

26

the Pennsylvania Emergency Management Agency's budget as funds

27

are required to support memorializing firefighters in this

28

Commonwealth. Such funds are to be allocated to a segregated

29

account maintained by the State Fire Commissioner.

30

§ 7712. Firefighters' Memorial Sunday.

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1

The Sunday that marks the beginning of Fire Prevention Week

2

of every year shall be designated "Firefighters' Memorial

3

Sunday" to honor paid and volunteer firemen who have died during

4

the previous year, either in the line of duty or of natural

5

causes. If Fire Prevention Week begins on a day other than

6

Sunday, the Sunday that falls within Fire Prevention Week shall

7

be designated Firefighters' Memorial Sunday.

8

§ 7713.  Prohibition on certain service.

9

A person convicted of violating 18 Pa.C.S. § 3301 (relating

10

to arson and related offenses) or any similar offense under

11

Federal or State law shall be prohibited from serving as a

12

firefighter in this Commonwealth and shall be prohibited from

13

being certified as a firefighter under Subchapter F of Chapter

14

73 (relating to State Fire Commissioner). Proof of nonconviction

15

must consist of either of the following:

16

(1)  An official criminal history record check obtained

17

under 18 Pa.C.S. Ch. 91 (relating to criminal history record

18

information) indicating no arson convictions.

19

(2)  A dated and signed statement by the person swearing

20

to the following:

21

I have never been convicted of an offense that

22

constitutes the crime of "arson and related offenses" under

23

18 Pa.C.S. § 3301 or any similar offense under any Federal or

24

State law. I hereby certify that the statements contained

25

herein are true and correct to the best of my knowledge and

26

belief. I understand that if I knowingly make any false

27

statement herein, I am subject to penalties prescribed by

28

law, including, but not limited to, a fine of at least

29

$1,000.

30

Section 6.  Title 35 is amended by adding a chapter to read:

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1

CHAPTER 78

2

GRANTS TO VOLUNTEER FIRE COMPANIES AND VOLUNTEER SERVICES

3

Subchapter

4

A.  Preliminary Provisions

5

B.  Volunteer Fire Company Grant Program

6

C.  Volunteer Ambulance Service Grant Program

7

D.  Grant Funding Provisions

8

E.  Miscellaneous Provisions

9

SUBCHAPTER A

10

PRELIMINARY PROVISIONS

11

Sec.

12

7801.  Scope of chapter.

13

7802.  Definitions.

14

§ 7801.  Scope of chapter.

15

This chapter relates to grants to volunteer fire companies

16

and volunteer ambulance services.

17

§ 7802.  Definitions.

18

The following words and phrases when used in this chapter

19

shall have the meanings given to them in this section unless the

20

context clearly indicates otherwise:

21

"Advanced life support services."  The term shall have the

22

meaning given to it in Chapter 81 (relating to emergency medical

23

services system).

24

"Agency."  The Pennsylvania Emergency Management Agency.

25

"Basic life support services."  The term shall have the

26

meaning given to it in Chapter 81 (relating to emergency medical

27

services system).

28

"Commissioner."  The State Fire Commissioner.

29

"Facility."  A structure or portion thereof intended for the

30

purpose of storage or protection of firefighting apparatus,

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1

ambulances and rescue vehicles and related equipment and gear.

2

The term does not include meeting halls, social halls, social

3

rooms, lounges or any other facility not directly related to

4

firefighting or the furnishing of ambulance or rescue services.

5

"Grant program."  The Volunteer Fire Company Grant Program

6

established in Subchapter B (relating to volunteer fire company

7

grant program) or the Volunteer Ambulance Service Grant Program

8

established in Subchapter C (relating to volunteer ambulance

9

service grant program).

10

"Invalid coach."  The term shall have the meaning given to it

11

in Chapter 81 (relating to emergency medical services system).

12

"Volunteer ambulance service."  Any nonprofit chartered

13

corporation, association or organization located in this

14

Commonwealth, which is licensed by the Department of Health and

15

is not associated or affiliated with any hospital and which is

16

regularly engaged in the provision of emergency medical

17

services, including basic life support or advanced life support

18

services and advanced life support squads as defined in 28 Pa.

19

Code § 1005.1 (relating to general provisions). The term shall

20

not include any corporation, association or organization that is

21

primarily engaged in the operation of invalid coaches which are

22

intended for the routine transport of persons who are

23

convalescent or otherwise nonambulatory and do not ordinarily

24

require emergency medical treatment while in transit.

25

"Volunteer fire company."  A nonprofit chartered corporation,

26

association or organization located in this Commonwealth which

27

provides fire protection or rescue services and which may offer

28

other voluntary emergency services within this Commonwealth.

29

Voluntary emergency services provided by a volunteer fire

30

company may include voluntary ambulance and voluntary rescue

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1

services.

2

"Volunteer rescue company."  A nonprofit chartered

3

corporation, association or organization located in this

4

Commonwealth that provides rescue services as part of the

5

response to fires or vehicle accidents within this Commonwealth.

6

SUBCHAPTER B

7

VOLUNTEER FIRE COMPANY GRANT PROGRAM

8

Sec.

9

7811.  Establishment.

10

7812.  Publication and notice.

11

7813.  Award of grants.

12

7814.  Consolidation incentive.

13

§ 7811.  Establishment.

14

The Volunteer Fire Company Grant Program is established and

15

shall be administered by the agency in consultation with the

16

commissioner. Grants provided under this program shall be used

17

to improve and enhance the capabilities of the volunteer fire

18

company to provide firefighting, ambulance and rescue services.

19

§ 7812.  Publication and notice.

20

The agency shall publish notice of the grant program

21

availability through the Legislative Reference Bureau for

22

publication in the Pennsylvania Bulletin:

23

(1)  within 30 days of June 28, 2007, for the fiscal

24

years beginning July 1, 2006, and July 1, 2007; and

25

(2)  by August 8 for fiscal years beginning after June

26

30, 2008.

27

§ 7813.  Award of grants.

28

(a)  Authorization.--The agency is authorized to make a grant

29

award to each eligible volunteer fire company for the following:

30

(1)  Construction and renovation of the fire company's

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1

facility and purchase or repair of fixtures and furnishings

2

necessary to maintain or improve the capability of the

3

company to provide fire, ambulance and rescue services.

4

(2)  Repair of firefighting, ambulance or rescue

5

equipment or purchase thereof.

6

(3)  Debt reduction associated with paragraph (1) or (2).

7

(4)  Training and certification of members.

8

(b)  Limits.--

9

(1)  Except as provided in paragraph (3), grants shall be

10

not less than $2,500 and not more than $15,000 per volunteer

11

fire company.

12

(2)  Grants may be awarded on a pro rata basis if the

13

total dollar amount of the approved application exceeds the

14

amount of funds appropriated by the General Assembly for this

15

purpose.

16

(3)  In a municipality where there are two or more

17

volunteer fire companies and if two or more fire companies

18

consolidated their use of equipment, firefighters and

19

services within five years preceding the date of the current

20

year application submission deadline, the consolidated entity

21

shall be deemed eligible to receive a grant not to exceed the

22

amount of the combined total for which the individual

23

companies would have been eligible had they not consolidated.

24

(c)  Time for filing application and department action.--

25

(1)  Within 30 days of June 28, 2007, for the fiscal

26

years beginning July 1, 2006, and July 1, 2007, and by

27

September 1 of each year thereafter, the agency shall provide

28

written instructions for grants under this chapter to the

29

fire chief and president of every volunteer fire company in

30

this Commonwealth.

- 119 -

 


1

(2)  Within 45 days of June 28, 2007, for the fiscal

2

years beginning July 1, 2006, and July 1, 2007, and by

3

September 8 of each year thereafter, the agency shall provide

4

applications to the fire chief and president of every

5

volunteer fire company. The application for the fiscal years

6

commencing July 1, 2006, and July 1, 2007, shall be a

7

combined application. Volunteer fire companies seeking grants

8

under this chapter shall submit completed applications to the

9

agency. The application period shall remain open for 45 days

10

each year. The agency shall act to approve or disapprove

11

applications within 60 days of the application submission

12

deadline each year. Applications which have not been approved

13

or disapproved by the agency within 60 days after the close

14

of the application period each year shall be deemed approved.

15

(d)  Eligibility.--To receive grant funds under this chapter,

16

a volunteer fire company shall have actively responded to one or

17

more fire or rescue emergencies during the previous calendar

18

year and must have signed and be under an agreement to actively

19

participate in the Pennsylvania Fire Information Reporting

20

System which is administered by the agency.

21

§ 7814.  Consolidation incentive.

22

If, after July 31, 2003, two or more volunteer fire companies

23

consolidate their use of facilities, equipment, firefighters and

24

services, the consolidated entity may, upon notification of the

25

agency, be eligible for a reduction of the interest rate payable

26

on any outstanding principal balance owed, as of the date of

27

consolidation, by any or all of the consolidating companies to

28

the Volunteer Companies Loan Fund for loans made under the act

29

of July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire

30

Company, Ambulance Service and Rescue Squad Assistance Act, or

- 120 -

 


1

under Subchapter E of Chapter 73 (relating to volunteer fire

2

company, ambulance service and rescue squad assistance). The

3

reduction in the interest rate payable shall be from 2% to 1%.

4

Upon receipt of such notification, the agency, in conjunction

5

with the State Fire Commissioner, shall determine and verify

6

that the consolidated entity is in fact a bona fide consolidated

7

volunteer fire company. If the agency determines that the

8

consolidated entity is a bona fide consolidated volunteer fire

9

company, it shall reduce the interest rate payable on any

10

outstanding principal balance owed to the Volunteer Companies

11

Loan Fund for loans made under the former Volunteer Fire

12

Company, Ambulance Service and Rescue Squad Assistance Act, or

13

under Subchapter E of Chapter 73, for which the consolidating

14

companies or the consolidated entity may be individually or

15

jointly responsible. The agency may promulgate such rules and

16

regulations as may be necessary to carry out the provisions of

17

this section.

18

Subchapter C

19

VOLUNTEER AMBULANCE SERVICE GRANT PROGRAM

20

Sec.

21

7821.  Establishment.

22

7822.  Publication and notice.

23

7823.  Award of grants.

24

§ 7821.  Establishment.

25

The Volunteer Ambulance Service Grant Program is established

26

and shall be administered by the agency. Grants provided under

27

this program shall be used to improve and enhance the

28

capabilities of the volunteer ambulance services to provide

29

ambulance, emergency medical, basic life support and advanced

30

life support services.

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1

§ 7822.  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 June 28, 2007, for the fiscal

6

years beginning July 1, 2006, and July 1, 2007; and

7

(2)  by August 8 for fiscal years beginning after June

8

30, 2008.

9

§ 7823.  Award of grants.

10

(a)  Authorization.--The agency is authorized to make a grant

11

award to each eligible volunteer ambulance service for the

12

following:

13

(1)  Construction and renovation of the volunteer

14

ambulance service's facility and purchase or repair of

15

fixtures, furnishings, office equipment and support services

16

necessary to maintain or improve the capability of the

17

ambulance service to provide ambulance, emergency medical,

18

basic life support and advanced life support services.

19

(2)  Repair of ambulance equipment or purchase thereof.

20

(3)  Debt reduction associated with paragraph (1) or (2).

21

(4)  Training and certification of members.

22

(b)  Limits.--

23

(1)  Grants shall be not less than $2,500 and not more

24

than $10,000 per volunteer ambulance service.

25

(2)  Grants may be awarded on a pro rata basis if the

26

total dollar amount of the approved application exceeds the

27

amount of funds appropriated by the General Assembly for this

28

purpose.

29

(3)  If two or more volunteer ambulance services

30

consolidated their use of equipment, personnel and services

- 122 -

 


1

within five years preceding the date of the current year

2

application submission deadline, the consolidated entity

3

shall be deemed eligible to receive a grant not to exceed the

4

amount of the combined total for which the individual

5

companies would have been eligible had they not consolidated.

6

(c)  Time for filing application and department action.--

7

(1)  Within 30 days of June 28, 2007, for the fiscal

8

years commencing July 1, 2006, and July 1, 2007, and by

9

September 1 of each year thereafter, the agency shall provide

10

written instructions for grants under this chapter to the

11

president of every volunteer ambulance service in this

12

Commonwealth.

13

(2)  Within 45 days of the effective date of June 28,

14

2007, for the fiscal years commencing July 1, 2006, and July

15

1, 2007, and by September 8 of each year, the agency shall

16

provide applications to the president of every volunteer

17

ambulance service. The application for the fiscal years

18

commencing July 1, 2006, and July 1, 2007, shall be a

19

combined application. Volunteer ambulance services seeking

20

grants under this chapter shall submit completed applications

21

to the agency. The application period shall remain open for

22

45 days each year. The agency shall act to approve or

23

disapprove applications within 60 days of the application

24

submission deadline each year. Applications which have not

25

been approved or disapproved by the agency within 60 days

26

after the close of the application period each year shall be

27

deemed approved.

28

SUBCHAPTER D

29

GRANT FUNDING PROVISIONS

30

Sec.

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1

7831.  Volunteer Fire Company Grant Program.

2

7832.  Volunteer Ambulance Service Grant Program.

3

7833.  Allocation of appropriated funds.

4

§ 7831.  Volunteer Fire Company Grant Program.

5

The sum of $22,000,000 of the amount appropriated to the

6

agency for volunteer company grants under section 225 of the act

7

of March 20, 2003 (P.L.463, No.1A), known as the General

8

Appropriation Act of 2003, shall be expended for the purpose of

9

making grants to eligible volunteer fire companies under

10

Subchapter B (relating to volunteer fire company grant program).

11

§ 7832.  Volunteer Ambulance Service Grant Program.

12

The sum of $3,000,000 of the amount appropriated to the

13

agency for volunteer company grants under section 225 of the act

14

of March 20, 2003 (P.L.463, No.1A), known as the General

15

Appropriation Act of 2003, shall be expended for the purpose of

16

making grants to eligible volunteer ambulance companies under

17

Subchapter C (relating to volunteer ambulance service grant

18

program).

19

§ 7833.  Allocation of appropriated funds.

20

(a)  Prohibition.--No money from the appropriation for

21

volunteer company grants shall be used for expenses or costs

22

incurred by the agency for the administration of the grant

23

programs authorized under Subchapters B (relating to volunteer

24

fire company grant program) and C (relating to volunteer

25

ambulance service grant program).

26

(b)  Grant allocation.--Unless otherwise expressly stated,

27

money appropriated to the agency for purposes of volunteer

28

company grants shall be allocated as follows:

29

(1)  Eighty-eight percent of the amount appropriated

30

shall be used for making grants to eligible volunteer fire

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1

companies under Subchapter B.

2

(2)  Twelve percent of the amount appropriated shall be

3

used for making grants to eligible volunteer ambulance

4

companies under Subchapter C.

5

SUBCHAPTER E

6

MISCELLANEOUS PROVISIONS

7

Sec.

8

7841.  Expiration of authority.

9

7842.  Special provisions.

10

§ 7841.  Expiration of authority.

11

The authority of the agency to award grants under Subchapters

12

B (relating to volunteer fire company grant program) and C

13

(relating to volunteer ambulance service grant program) shall

14

expire June 30, 2012.

15

§ 7842.  Special provisions.

16

(a)  Claim.--An applicant for a grant under this chapter who

17

failed to return a signed agreement for the preceding year shall

18

not be permitted to apply for a grant in the current year unless

19

the applicant has provided the commissioner with a reasonable

20

written explanation as to why it did not claim its grant.

21

(b)  Delinquency.--An applicant for a grant under this

22

chapter who is delinquent in loan payments to the Pennsylvania

23

Volunteer Loan Assistance Program established under the act of

24

July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire

25

Company, Ambulance Service and Rescue Squad Assistance Act,

26

shall agree to use its grant funds to pay any arrears to the

27

Commonwealth or it will not be qualified to receive a grant. Any

28

organization agreeing to this arrangement who fails to make the

29

payment to the Commonwealth shall be disqualified from applying

30

to the grant program for a period of three years.

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1

(c)  Demonstration.--An applicant for a grant under this

2

chapter must demonstrate that it complied with all of the terms

3

of its grant agreement in the previous year regarding the use of

4

the grant money it received in previous years or it shall not be

5

eligible to receive a grant in the current year.

6

(d)  Approval.--An applicant shall not be approved for a

7

grant to be used for purposes other than those stated in section

8

7813(a) (relating to award of grants) or 7823(a) (relating to

9

award of grants).

10

Section 7.  (a)  The following acts and parts of acts are

11

repealed:

12

(1)  Act 1925-267.

13

(2)  Act 1941-74.

14

(3)  Act 1949-547.

15

(4)  Act 1955-51.

16

(5)  The act of June 11, 1968 (P.L.149, No.84), known as

17

the Volunteer Firefighters' Relief Association Act.

18

(6)  Act 1974-264.

19

(7)  Act 1976-114.

20

(8)  The act of July 15, 1976 (P.L.1036, No.208), known

21

as the Volunteer Fire Company, Ambulance Service and Rescue

22

Squad Assistance Act.

23

(9)  Act 1977-83.

24

(10)  Act 1982-162.

25

(10.1)  The act of July 9, 1990 (P.L.340, No.78), known

<--

26

as the Public Safety Emergency Telephone Act.

27

(11)  Act 1990-168.

28

(12)  Act 1992-127.

29

(13)  The act of November 13, 1995 (P.L.604, No.61),

30

known as the State Fire Commissioner Act.

- 126 -

 


1

(14)  The act of July 31, 2003 (P.L.73, No.17), known as

2

the Volunteer Fire Company and Volunteer Ambulance Service

3

Grant Act.

4

(15)  18 Pa.C.S. § 3301(h.1).

5

(b)  The addition of 35 Pa.C.S. Ch. 53 is a continuation of

<--

6

the act of July 9, 1990 (P.L.340, No.78), known as the Public

7

Safety Emergency Telephone Act. The following apply:

8

(1)  Except as otherwise provided in 35 Pa.C.S. Ch. 53,

9

all activities initiated under the Public Safety Emergency

10

Telephone Act shall continue and remain in full force and

11

effect and may be completed under 35 Pa.C.S. Ch. 53. Orders,

12

regulations, rules and decisions which were made under the

13

Public Safety Emergency Telephone Act and which are in effect

14

on the effective date of section 2(2) of this act shall

15

remain in full force and effect until revoked, vacated or

16

modified under 35 Pa.C.S. Ch. 53.

17

(2)  Except as set forth in paragraph (3), any difference

18

in language between 35 Pa.C.S. Ch. 53 and the Public Safety

19

Emergency Telephone Act is intended only to conform to the

20

style of the Pennsylvania Consolidated Statutes and is not

21

intended to change or affect the legislative intent, judicial

22

construction or administration and implementation of the

23

Public Safety Emergency Telephone Act.

24

(3)  Paragraph (2) does not apply to any of the

25

following:

26

(i)  The omission of the following definitions in 35

27

Pa.C.S. § 5302:

28

(A)  "Active prepaid wireless account."

29

(A.1)  "Prepaid wireless telephone service."

<--

30

(B)  "Sufficient positive balance."

- 127 -

 


1

(ii)  The addition of any of the following provisions

2

in Title 35:

3

(A)  The addition of the following definitions in

4

section 5302:

5

(I)  "Consumer."

6

(II)  "Prepaid wireless device."

7

(III)  "Prepaid wireless E-911 surcharge."

8

(IV)  "Prepaid wireless provider."

9

(V)  "Prepaid wireless telecommunications

10

service."

11

(v.1)  "Retail transaction."

<--

12

(v.2)  "Seller."

13

(VI)  "Wireless E-911 surcharge."

14

(B)  The following provisions of section 5311.4:

15

(I)  Subsection (a) introductory paragraph.

16

(II)  Subsection (b) introductory paragraph

17

and (4).

18

(III)  Subsection (b.1).

19

(IV)  Subsection (h).

20

(C)  Section 5311.10.

21

(D)  Section 5312.1.

22

(E)  Section 5398.

23

(b) (b.1)  Continuation is as follows:

<--

24

(1)  The addition of 35 Pa.C.S. § 7403 is a continuation

25

of Act 1925-267. The following apply:

26

(i)  Except as otherwise provided in 35 Pa.C.S. §

27

7403, all activities initiated under Act 1925-267 shall

28

continue and remain in full force and effect and may be

29

completed under 35 Pa.C.S. § 7403. Orders, regulations,

30

rules and decisions which were made under Act 1925-267 

- 128 -

 


1

and which are in effect on the effective date of

2

subsection (b)(1) shall remain in full force and effect

3

until revoked, vacated or modified under 35 Pa.C.S. §

4

7403.

5

(ii)  Except as set forth in subparagraph (iii), any

6

difference in language between 35 Pa.C.S. § 7403 and Act  

7

1925-267 is intended only to conform to the style of the

8

Pennsylvania Consolidated Statutes and is not intended to

9

change or affect the legislative intent, judicial

10

construction or administration and implementation of Act  

11

1925-267.

12

(iii)  Subparagraph (ii) does not apply to the

13

addition of any of the following provisions of 35 Pa.C.S.

14

§ 7403:

15

(A)  (Reserved).

16

(B)  (Reserved).

17

(2)  The addition of 35 Pa.C.S. Ch. 74 Subch. D is a

18

continuation of Act 1941-74. The following apply:

19

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

20

74 Subch. D, all activities initiated under Act 1941-74

21

shall continue and remain in full force and effect and

22

may be completed under 35 Pa.C.S. Ch. 74 Subch. D.

23

Orders, regulations, rules and decisions which were made

24

under Act 1941-74 and which are in effect on the

25

effective date of subsection (a)(2) shall remain in full

26

force and effect until revoked, vacated or modified under

27

35 Pa.C.S. Ch. 74 Subch. D.

28

(ii)  Except as set forth in subparagraph (iii), any

29

difference in language between 35 Pa.C.S. Ch. 74 Subch. D

30

and Act 1941-74 is intended only to conform to the style

- 129 -

 


1

of the Pennsylvania Consolidated Statutes and is not

2

intended to change or affect the legislative intent,

3

judicial construction or administration and

4

implementation of Act 1941-74.

5

(iii)  Subparagraph (ii) does not apply to the

6

addition of any of the following provisions of 35 Pa.C.S.

7

Ch. 74 Subch. D:

8

(A)  (Reserved).

9

(B)  (Reserved).

10

(3)  The addition of 35 Pa.C.S. Ch. 73 Subch. D is a

11

continuation of Act 1949-547. The following apply:

12

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

13

73 Subch. D, all activities initiated under Act 1949-547

14

shall continue and remain in full force and effect and

15

may be completed under 35 Pa.C.S. Ch. 73 Subch. D.

16

Orders, regulations, rules and decisions which were made

17

under Act 1949-547 and which are in effect on the

18

effective date of subsection (a)(3) shall remain in full

19

force and effect until revoked, vacated or modified under

20

35 Pa.C.S. Ch. 73 Subch. D.

21

(ii)  Except as set forth in subparagraph (iii), any

22

difference in language between 35 Pa.C.S. Ch. 73 Subch. D

23

and Act 1949-547 is intended only to conform to the style

24

of the Pennsylvania Consolidated Statutes and is not

25

intended to change or affect the legislative intent,

26

judicial construction or administration and

27

implementation of Act 1949-547.

28

(iii)  Subparagraph (ii) does not apply to the

29

addition of any of the following provisions of 35 Pa.C.S.

30

Ch. 73 Subch. D:

- 130 -

 


1

(A)  (Reserved).

2

(B)  (Reserved).

3

(4)  (Reserved).

4

(5)  The addition of 35 Pa.C.S. Ch. 74 Subch. B is a

5

continuation of the Volunteer Firefighters' Relief

6

Association Act. The following apply:

7

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

8

74 Subch. B, all activities initiated under the Volunteer

9

Firefighters' Relief Association Act shall continue and

10

remain in full force and effect and may be completed

11

under 35 Pa.C.S. Ch. 74 Subch. B. Orders, regulations,

12

rules and decisions which were made under the Volunteer

13

Firefighters' Relief Association Act. and which are in

14

effect on the effective date of subsection (b)(5) shall

15

remain in full force and effect until revoked, vacated or

16

modified under 35 Pa.C.S. Ch. 74 Subch. B.

17

(ii)  Except as set forth in subparagraph (iii), any

18

difference in language between 35 Pa.C.S. Ch. 74 Subch. B

19

and the Volunteer Firefighters' Relief Association Act.

20

is intended only to conform to the style of the

21

Pennsylvania Consolidated Statutes and is not intended to

22

change or affect the legislative intent, judicial

23

construction or administration and implementation of the

24

Volunteer Firefighters' Relief Association Act.

25

(iii)  Subparagraph (ii) does not apply to the

26

addition of any of the following provisions of 35 Pa.C.S.

27

Ch. 74 Subch. B:

28

(A)  (Reserved).

29

(B)  (Reserved).

30

(6)  The addition of 35 Pa.C.S. § 7708 is a continuation

- 131 -

 


1

of Act 1974-264. The following apply:

2

(i)  Except as otherwise provided in 35 Pa.C.S. §

3

7708, all activities initiated under Act 1974-264 shall

4

continue and remain in full force and effect and may be

5

completed under 35 Pa.C.S. § 7708. Orders, regulations,

6

rules and decisions which were made under Act 1974-264

7

and which are in effect on the effective date of

8

subsection (a)(6) shall remain in full force and effect

9

until revoked, vacated or modified under 35 Pa.C.S. §

10

7708.

11

(ii)  Except as set forth in subparagraph (iii), any

12

difference in language between 35 Pa.C.S. § 7708 and Act

13

1974-264 is intended only to conform to the style of the

14

Pennsylvania Consolidated Statutes and is not intended to

15

change or affect the legislative intent, judicial

16

construction or administration and implementation of Act

17

1974-264.

18

(iii)  Subparagraph (ii) does not apply to the

19

addition of any of the following provisions of 35 Pa.C.S.

20

§ 7708:

21

(A)  (Reserved).

22

(B)  (Reserved).

23

(7)  The addition of 35 Pa.C.S. § 7709 is a continuation

24

of Act 1976-114. The following apply:

25

(i)  Except as otherwise provided in 35 Pa.C.S. §

26

7709, all activities initiated under Act 1976-114 shall

27

continue and remain in full force and effect and may be

28

completed under 35 Pa.C.S. § 7709. Orders, regulations,

29

rules and decisions which were made under Act 1976-114

30

and which are in effect on the effective date of

- 132 -

 


1

subsection (a)(7) act shall remain in full force and

2

effect until revoked, vacated or modified under 35

3

Pa.C.S. § 7709.

4

(ii)  Except as set forth in subparagraph (iii), any

5

difference in language between 35 Pa.C.S. § 7709 and Act

6

1976-114 is intended only to conform to the style of the

7

Pennsylvania Consolidated Statutes and is not intended to

8

change or affect the legislative intent, judicial

9

construction or administration and implementation of Act

10

1976-114.

11

(iii)  Subparagraph (ii) does not apply to the

12

addition of any of the following provisions of 35 Pa.C.S.

13

§ 7709:

14

(A)  (Reserved).

15

(B)  (Reserved).

16

(8)  The addition of 35 Pa.C.S. Ch. 73 Subch. E is a

17

continuation of the Volunteer Fire Company, Ambulance Service

18

and Rescue Squad Assistance Act. The following apply:

19

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

20

73 Subch. E, all activities initiated under the Volunteer

21

Fire Company, Ambulance Service and Rescue Squad

22

Assistance Act shall continue and remain in full force

23

and effect and may be completed under 35 Pa.C.S. Ch. 73

24

Subch. E. Orders, regulations, rules and decisions which

25

were made under the Volunteer Fire Company, Ambulance

26

Service and Rescue Squad Assistance Act and which are in

27

effect on the effective date of subsection (a)(8) shall

28

remain in full force and effect until revoked, vacated or

29

modified under 35 Pa.C.S. Ch. 73 Subch. E.

30

(ii)  Except as set forth in subparagraph (iii), any

- 133 -

 


1

difference in language between 35 Pa.C.S. Ch. 73 Subch. E

2

and the Volunteer Fire Company, Ambulance Service and

3

Rescue Squad Assistance Act is intended only to conform

4

to the style of the Pennsylvania Consolidated Statutes

5

and is not intended to change or affect the legislative

6

intent, judicial construction or administration and

7

implementation of the Volunteer Fire Company, Ambulance

8

Service and Rescue Squad Assistance Act.

9

(iii)  Subparagraph (ii) does not apply to the

10

addition of any of the following provisions of 35 Pa.C.S.

11

Ch. 73 Subch. E:

12

(A)  (Reserved).

13

(B)  (Reserved).

14

(9)  The addition of 35 Pa.C.S. Ch. 74 Subch. C is a

15

continuation of Act 1977-83. The following apply:

16

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

17

74 Subch. C, all activities initiated under Act 1977-83

18

shall continue and remain in full force and effect and

19

may be completed under 35 Pa.C.S. Ch. 74 Subch. C.

20

Orders, regulations, rules and decisions which were made

21

under Act 1977-83 and which are in effect on the

22

effective date of subsection (a)(9) shall remain in full

23

force and effect until revoked, vacated or modified under

24

35 Pa.C.S. Ch. 74 Subch. C.

25

(ii)  Except as set forth in subparagraph (iii), any

26

difference in language between 35 Pa.C.S. Ch. 74 Subch. C

27

and Act 1977-83 is intended only to conform to the style

28

of the Pennsylvania Consolidated Statutes and is not

29

intended to change or affect the legislative intent,

30

judicial construction or administration and

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1

implementation of Act 1977-83.

2

(iii)  Subparagraph (ii) does not apply to the

3

addition of any of the following provisions of 35 Pa.C.S.

4

Ch. 74 Subch. C:

5

(A)  (Reserved).

6

(B)  (Reserved).

7

(10)  The addition of 35 Pa.C.S. § 7710 is a continuation

8

of Act 1982-162. The following apply:

9

(i)  Except as otherwise provided in 35 Pa.C.S. §

10

7710, all activities initiated under Act 1982-162 shall

11

continue and remain in full force and effect and may be

12

completed under 35 Pa.C.S. § 7710. Orders, regulations,

13

rules and decisions which were made under Act 1982-162

14

and which are in effect on the effective date of

15

subsection (a)(10) shall remain in full force and effect

16

until revoked, vacated or modified under 35 Pa.C.S. §

17

7710.

18

(ii)  Except as set forth in subparagraph (iii), any

19

difference in language between 35 Pa.C.S. § 7710 and Act

20

1982-162 is intended only to conform to the style of the

21

Pennsylvania Consolidated Statutes and is not intended to

22

change or affect the legislative intent, judicial

23

construction or administration and implementation of Act

24

1982-162.

25

(iii)  Subparagraph (ii) does not apply to the

26

addition of any of the following provisions of 35 Pa.C.S.

27

§ 7710:

28

(A)  (Reserved).

29

(B)  (Reserved).

30

(11)  The addition of 35 Pa.C.S. § 7711 is a continuation

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1

of Act 1990-168. The following apply:

2

(i)  Except as otherwise provided in 35 Pa.C.S. §

3

7711, all activities initiated under act 1990-168 shall

4

continue and remain in full force and effect and may be

5

completed under 35 Pa.C.S. § 7711. Orders, regulations,

6

rules and decisions which were made under Act 1990-168

7

and which are in effect on the effective date of

8

subsection (a)(11) shall remain in full force and effect

9

until revoked, vacated or modified under 35 Pa.C.S. §

10

7711.

11

(ii)  Except as set forth in subparagraph (iii), any

12

difference in language between 35 Pa.C.S. § 7711 and Act

13

1990-168 is intended only to conform to the style of the

14

Pennsylvania Consolidated Statutes and is not intended to

15

change or affect the legislative intent, judicial

16

construction or administration and implementation of Act

17

1990-168.

18

(iii)  Subparagraph (ii) does not apply to the

19

addition of any of the following provisions of 35 Pa.C.S.

20

§ 7711:

21

(A)  (Reserved).

22

(B)  (Reserved).

23

(12)  The addition of 35 Pa.C.S. § 7712 is a continuation

24

of Act 1992-127. The following apply:

25

(i)  Except as otherwise provided in 35 Pa.C.S. §

26

7712, all activities initiated under Act 1992-127 shall

27

continue and remain in full force and effect and may be

28

completed under 35 Pa.C.S. § 7712. Orders, regulations,

29

rules and decisions which were made under Act 1992-127

30

and which are in effect on the effective date of

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1

subsection (a)(12) shall remain in full force and effect

2

until revoked, vacated or modified under 35 Pa.C.S. §

3

7712.

4

(ii)  Except as set forth in subparagraph (iii), any

5

difference in language between 35 Pa.C.S. § 7712 and Act

6

1992-127 is intended only to conform to the style of the

7

Pennsylvania Consolidated Statutes and is not intended to

8

change or affect the legislative intent, judicial

9

construction or administration and implementation of Act

10

1992-127.

11

(iii)  Subparagraph (ii) does not apply to the

12

addition of any of the following provisions of 35 Pa.C.S.

13

§ 7712:

14

(A)  (Reserved).

15

(B)  (Reserved).

16

(13)  The addition of 35 Pa.C.S. Ch. 73 Subch. F is a

17

continuation of the State Fire Commissioner Act. The

18

following apply:

19

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

20

73 Subch. F, all activities initiated under the State

21

Fire Commissioner Act shall continue and remain in full

22

force and effect and may be completed under 35 Pa.C.S.

23

Ch. 73 Subch. F. Orders, regulations, rules and decisions

24

which were made under the State Fire Commissioner Act and

25

which are in effect on the effective date of subsection

26

(a)(13)shall remain in full force and effect until

27

revoked, vacated or modified under 35 Pa.C.S. Ch. 73

28

Subch. F.

29

(ii)  Except as set forth in subparagraph (iii), any

30

difference in language between 35 Pa.C.S. Ch. 73 Subch. F

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1

and the State Fire Commissioner Act is intended only to

2

conform to the style of the Pennsylvania Consolidated

3

Statutes and is not intended to change or affect the

4

legislative intent, judicial construction or

5

administration and implementation of the State Fire

6

Commissioner Act.

7

(iii)  Subparagraph (ii) does not apply to the

8

addition of any of the following provisions of 35 Pa.C.S.

9

Ch. 73 Subch. F:

10

(A)  (Reserved).

11

(B)  (Reserved).

12

(14)  The addition of 35 Pa.C.S. Ch. 78 is a continuation

13

of the Volunteer Fire Company and Volunteer Ambulance Service

14

Grant Act. The following apply:

15

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

16

78, all activities initiated under the Volunteer Fire

17

Company and Volunteer Ambulance Service Grant Act shall

18

continue and remain in full force and effect and may be

19

completed under 35 Pa.C.S. Ch. 78. Orders, regulations,

20

rules and decisions which were made under the Volunteer

21

Fire Company and Volunteer Ambulance Service Grant Act

22

and which are in effect on the effective date of

23

subsection (a)(14) shall remain in full force and effect

24

until revoked, vacated or modified under 35 Pa.C.S. Ch.

25

78.

26

(ii)  Except as set forth in subparagraph (iii), any

27

difference in language between 35 Pa.C.S. Ch. 78 and the

28

Volunteer Fire Company and Volunteer Ambulance Service

29

Grant Act is intended only to conform to the style of the

30

Pennsylvania Consolidated Statutes and is not intended to

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1

change or affect the legislative intent, judicial

2

construction or administration and implementation of the

3

Volunteer Fire Company and Volunteer Ambulance Service

4

Grant Act.

5

(iii)  Subparagraph (ii) does not apply to the

6

addition of any of the following provisions of 35 Pa.C.S.

7

Ch. 78:

8

(A)  (Reserved).

9

(B)  (Reserved).

10

(15)  The addition of 35 Pa.C.S. § 7713 is a continuation

11

of 18 Pa.C.S. § 3301(h.1). The following apply:

12

(i)  Except as otherwise provided in 35 Pa.C.S. §

13

7713, all activities initiated under 18 Pa.C.S. §

14

3301(h.1) shall continue and remain in full force and

15

effect and may be completed under 35 Pa.C.S. § 7713.

16

Orders, regulations, rules and decisions which were made

17

under 18 Pa.C.S. § 3301(h.1) and which are in effect on

18

the effective date of subsection (a)(15) shall remain in

19

full force and effect until revoked, vacated or modified

20

under 35 § 7713.

21

(ii)  Any difference in language between 35 Pa.C.S. §

22

7713 and 18 Pa.C.S. § 3301(h.1) is intended only to

23

effectuate the transfer of material within the

24

Pennsylvania Consolidated Statutes and is not intended to

25

change or affect the legislative intent, judicial

26

construction or administration and implementation of 18

27

Pa.C.S. § 3301(h.1).

28

(c)  As used in this section, the following words and phrases

29

shall have the meanings given to them in this subsection unless

30

the context clearly indicates otherwise:

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1

"Act 1925-267."  The act of May 2, 1925 (P.L.494, No.267),

2

entitled "An act authorizing municipalities to expend money for

3

the purpose of insuring volunteer firemen against death or

4

injuries while going to or returning from or attending fires."

5

"Act 1941-74."  The act of June 18, 1941 (P.L.137, No.74),

6

entitled "An act providing for the appointment, powers and

7

control of members of volunteer fire companies as special fire

8

police, and conferring powers on them at fires attended by their

9

fire companies in any city, borough, town, township or home rule

10

municipality."

11

"Act 1949-547."  The act of May 26, 1949 (P.L.1844, No.547),

12

entitled "An act establishing the Pennsylvania State Firemen's

13

Training School in or adjacent to the borough of Lewistown;

14

providing for its operation and maintenance by the Department of

15

Public Instruction; authorizing the acquisition of a site either

16

by gift or purchase by the Commonwealth or by The General State

17

Authority, or the use of land now owned by the Commonwealth;

18

providing for the erection or construction and the furnishing

19

and equipping of the buildings and structures by The General

20

State Authority, and the leasing thereof by the Commonwealth;

21

and conferring powers and imposing duties upon the Department of

22

Public Instruction and the Public Service Institute Board."

23

"Act 1955-51."  The act of June 13, 1955 (P.L.173, No.51),

24

entitled "An act relating to volunteer fire companies;

25

prohibiting any municipality from replacing a volunteer fire

26

company by a paid fire company unless a majority of the electors

27

of the municipality voting are in favor of the change; and

28

providing for referendum to ascertain the will of the electors."

29

"Act 1974-264."  The act of December 10, 1974 (P.L.802,

30

No.264), entitled, as amended,"An act prohibiting the disbanding

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1

of a paid fire force in favor of having such services performed

2

by volunteers; and providing for the conduct of a referendum."

3

"Act 1976-114."  The act of June 26, 1976 (P.L.459, No.114),

4

"An act authorizing volunteer fire, ambulance and rescue

5

companies and members thereof to enter State premises to fight

6

fire under certain conditions; and providing for legal advice

7

from the Attorney General for such persons in certain cases."

8

"Act 1977-83."  The act of December 1, 1977 (P.L.249, No.83),

9

entitled, as amended, "An act prohibiting employers from firing

10

employees who lose time from employment in the line of duty as

11

volunteer firemen, fire police and volunteer members of

12

ambulance services and rescue squads; and providing penalties."

13

"Act 1982-162."  The act of June 19, 1982 (P.L.557, No.162),

14

entitled "An act providing for the observance of the Sunday of

15

Fire Prevention Week as a commemorative day designated as

16

Firefighters and their Auxiliaries Day."

17

"Act 1990-168."  The act of December 7, 1990 (P.L.679,

18

No.168), entitled "An act providing for a flag for firefighters

19

who have died in the line of duty; providing for responsibility

20

of the Pennsylvania State Fire Commissioner; and making an

21

appropriation from contributions."

22

"Act 1992-127."  The act of December 4, 1992 (P.L.791,

23

No.127), entitled "An act designating the Sunday that marks the

24

beginning of Fire Prevention Week as 'Firemen's Memorial

25

Sunday.'"

26

Section 8.  This act shall take effect in 60 days.

<--

27

Section 8.  This act shall take effect as follows:

<--

28

(1)  The following provisions shall take effect

29

immediately:

30

(i)  The addition of 35 Pa.C.S. § 5312.1.

- 141 -

 


1

(ii)  This section.

2

(2)  The addition of 35 Pa.C.S. § 5311.4(b.1)(1), (2),

<--

3

(3), (4), (5), (6), (7), (8), (10) and (12) shall take effect

4

July 1, 2011.

5

(2) (3)  The remaining provisions of 35 Pa.C.S. Ch. 53

<--

6

shall take effect January 1, 2011.

7

(3) (4)  Section 7(a)(10.1) and (b) of this act shall

<--

8

take effect January 1, 2011.

9

(4) (5)  The remainder of this act shall take effect in

<--

10

60 days.

- 142 -