THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BARRAR, BAKER, BEAR, BOBACK, BOYD, BRENNAN, CALTAGIRONE, CARROLL, CAUSER, CLYMER, COHEN, D. COSTA, DAVIDSON, DEASY, DENLINGER, DeWEESE, ELLIS, J. EVANS, EVERETT, FLECK, FREEMAN, GABLER, GEORGE, GILLEN, GILLESPIE, GINGRICH, GODSHALL, GOODMAN, GROVE, HALUSKA, HARRIS, HESS, HORNAMAN, HUTCHINSON, KAUFFMAN, KAVULICH, M.K. KELLER, KILLION, KNOWLES, KORTZ, KULA, LONGIETTI, MAJOR, MARSHALL, MARSICO, MILLARD, MILLER, MILNE, MULLERY, MURPHY, MURT, O'NEILL, PAYNE, PETRARCA, PICKETT, PYLE, READSHAW, REED, REICHLEY, ROAE, SACCONE, SAINATO, SANTARSIERO, SCHRODER, SONNEY, STEVENSON, SWANGER, TALLMAN, TAYLOR, THOMAS, TOEPEL, VEREB, VULAKOVICH, WAGNER, WATSON, WHITE, YOUNGBLOOD, FARRY, TOBASH, RAVENSTAHL, MALONEY, PASHINSKI, HEFFLEY, BROOKS, TOOHIL, HICKERNELL, METZGAR, HARKINS, MIRABITO, FABRIZIO, KRIEGER, GIBBONS AND BENNINGHOFF, MARCH 4, 2011

AS RE-REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 9, 2012   

AN ACT

Amending Titles 4 (Amusements) and 35 (Health and Safety) of the

Pennsylvania Consolidated Statutes, revising grants to fire

companies and volunteer services in the areas of scope,

administration, programs, expiration of authority and special

provisions; providing for grants to volunteer quick response

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services; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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Consolidated Statutes is amended to read:

Section 1.  Section 1405(d) of Title 4 of the Pennsylvania

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Consolidated Statutes is amended to read:

§ 1405.  Pennsylvania Race Horse Development Fund.

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(d)  Distributions.--

(1)  The department shall annually transfer the sum of

$15,000,000 from the Pennsylvania Race Horse Development Fund

to the program established under 35 Pa.C.S. Ch. 78 (relating

to grants to fire companies and volunteer services).

(2)  In accordance with section 1406 (relating to

distributions from Pennsylvania Race Horse Development Fund),

the department shall make distributions from the Pennsylvania

Race Horse Development Fund to each of the active and

operating Category 1 licensees conducting live racing.

Section 1.1.  Section 1408(b) of Title 4 is amended and the

section is amended by adding a subsection to read:

§ 1408.  Transfers from State Gaming Fund.

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

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Annually, the sum of [$25,000,000] $40,000,000 shall be

transferred from the State Gaming Fund to [the Volunteer Fire

Company Grant Program established] a separate nonlapsing fund

for the program under 35 Pa.C.S. Ch. 78 (relating to grants to

[volunteer] fire companies and volunteer services).

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

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

State Gaming Fund to the Volunteer Fire Company Grant Program

established under 35 Pa.C.S. Ch. 78 (relating to grants to

volunteer fire companies and volunteer services).]

(b.1)  Transfer for Grants to Fire Companies and Volunteer

Services.--Annually, the sum of $25,000,000 shall be transferred

from the State Gaming Fund to the program established under 35

Pa.C.S. Ch. 78 (relating to grants to fire companies and

volunteer services).

* * *

Section 2.  The heading of Chapter 78 of Title 35 is amended

to read:

CHAPTER 78

GRANTS TO [VOLUNTEER] FIRE COMPANIES AND VOLUNTEER SERVICES

Section 3.  Section 7801 of Title 35 is amended to read:

§ 7801.  Scope of chapter.

This chapter relates to grants to [volunteer] fire companies

and volunteer ambulance services.

Section 4.  The definition definitions of "grant program" and  

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"volunteer ambulance service" in section 7802 of Title 35 is are 

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amended and the section is amended by adding a definition 

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definitions to read:

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§ 7802.  Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

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"Fire company."  A volunteer fire company or a municipal fire

company located in this Commonwealth.

"Grant program."  The [Volunteer] Fire Company Grant Program

established in Subchapter B (relating to [volunteer] fire

company grant program) or the Volunteer Ambulance Service Grant

Program established in Subchapter C (relating to volunteer

ambulance service grant program).

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"Volunteer ambulance service."  Any nonprofit chartered

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corporation, association or organization located in this

Commonwealth, which is licensed by the Department of Health and

is not associated or affiliated with any hospital and which is

regularly engaged in the provision of emergency medical

services, including basic life support or advanced life support

services and advanced life support squads as defined in 28 Pa.

Code § 1005.1 (relating to general provisions). The term shall

include a volunteer quick response service. The term shall not

include any corporation, association or organization that is

primarily engaged in the operation of invalid coaches which are

intended for the routine transport of persons who are

convalescent or otherwise nonambulatory and do not ordinarily

require emergency medical treatment while in transit.

* * *

"Volunteer quick response service."  As follows:

(1)  Any nonprofit chartered corporation, association or

organization which meets all of the following:

(i)  Is located in this Commonwealth.

(ii)  Is licensed by the Department of Health.

(iii)  Is not associated or affiliated with any

hospital, fire company, fire department or any emergency

medical services agency.

(iv)  Is regularly engaged in the provision of

emergency medical services to patients pending the

arrival of an ambulance.

(v)  Has been recognized by a municipality to provide

quick response service for that municipality.

(2)  The term shall not include any corporation,

association or organization that is primarily engaged in the

operation of invalid coaches which are intended for the

routine transport of persons who are convalescent or

otherwise nonambulatory and do not ordinarily require

emergency medical treatment while in transit.

* * *

Section 5.  The heading of Subchapter B of Chapter 78 of

Title 35 is amended to read:

SUBCHAPTER B

[VOLUNTEER] FIRE COMPANY GRANT PROGRAM

Section 6.  Sections 7811, 7812 introductory paragraph,

7813(a) introductory paragraph, (b)(1) and (3), (c) and (d),

7814, 7821, 7822 introductory paragraph, 7823(a) introductory

paragraph, (b)(1) and (c), 7831, 7832, 7833 and 7841 of Title 35

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are amended to read:

§ 7811.  Establishment.

The [Volunteer] Fire Company Grant Program is established and

shall be administered by [the agency in consultation with] the

commissioner. Grants provided under this program shall be used

to improve and enhance the capabilities of the [volunteer] fire

company to provide firefighting, ambulance and rescue services.

§ 7812.  Publication and notice.

The [agency] commissioner shall publish notice of the grant

program availability through the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin:

* * *

§ 7813.  Award of grants.

(a)  Authorization.--The [agency] commissioner is authorized

to make a grant award to each eligible [volunteer] fire company

for the following:

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(b)  Limits.--

(1)  Except as provided in paragraph (3), grants shall be

not less than $2,500 and not more than [$15,000] $19,000 per

[volunteer] fire company.

* * *

(3)  In a municipality where there are two or more

volunteer fire companies and if two or more volunteer fire

companies consolidated their use of equipment, firefighters

and services within five years preceding the date of the

current year application submission deadline, the

consolidated entity shall be deemed eligible to receive a

grant not to exceed the amount of the combined total for

which the individual companies would have been eligible had

they not consolidated.

(c)  Time for filing application and department action.--

(1)  Within 30 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007, and by

September 1 of each year thereafter, the [agency] 

commissioner shall provide written instructions for grants

under this chapter to:

(i)  except as set forth in subparagraph (ii), the

fire chief and president of every [volunteer] fire

company [in this Commonwealth]; or

(ii)  in the case of a municipal fire company, the

chief executive of the municipality.

(2)  Within 45 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007, and by

September 8 of each year thereafter, the [agency] 

commissioner shall provide applications to [the fire chief

and president of every volunteer fire company] individuals

specified in paragraph (1). The application for the fiscal

years commencing July 1, 2006, and July 1, 2007, shall be a

combined application. [Volunteer fire] Fire companies seeking

grants under this chapter shall submit completed applications

to the [agency] commissioner. The application period shall

remain open for 45 days each year. The agency shall act to

approve or disapprove applications within 60 days of the

application submission deadline each year. Applications which

have not been approved or disapproved by the agency within 60

days after the close of the application period each year

shall be deemed approved.

(d)  Eligibility.--To receive grant funds under this chapter,

a [volunteer] fire company shall have actively responded to one

or more fire or rescue emergencies during the previous calendar

year and must have signed and be under an agreement to actively

participate in the Pennsylvania Fire Information Reporting

System which is administered by the [agency] commissioner.

§ 7814.  Consolidation incentive.

If, after July 31, 2003, two or more volunteer fire companies

consolidate their use of facilities, equipment, firefighters and

services, the consolidated entity may, upon notification of the

[agency] commissioner, be eligible for a reduction of the

interest rate payable on any outstanding principal balance owed,

as of the date of consolidation, by any or all of the

consolidating companies to the Volunteer Companies Loan Fund for

loans made under the act of July 15, 1976 (P.L.1036, No.208),

known as the Volunteer Fire Company, Ambulance Service and

Rescue Squad Assistance Act, or under Subchapter E of Chapter 73

(relating to volunteer fire company, ambulance service and

rescue squad assistance). The reduction in the interest rate

payable shall be from 2% to 1%. Upon receipt of such

notification, the [agency, in conjunction with the State Fire

Commissioner,] commissioner shall determine and verify that the

consolidated entity is in fact a bona fide consolidated

volunteer fire company. If the [agency] commissioner determines

that the consolidated entity is a bona fide consolidated

volunteer fire company, it shall reduce the interest rate

payable on any outstanding principal balance owed to the

Volunteer Companies Loan Fund for loans made under the former

Volunteer Fire Company, Ambulance Service and Rescue Squad

Assistance Act, or under Subchapter E of Chapter 73, for which

the consolidating companies or the consolidated entity may be

individually or jointly responsible. The [agency] commissioner 

may promulgate such rules and regulations as may be necessary to

carry out the provisions of this section.

§ 7821.  Establishment.

The Volunteer Ambulance Service Grant Program is established

and shall be administered by the [agency] commissioner. Grants

provided under this program shall be used to improve and enhance

the capabilities of the volunteer ambulance services to provide

ambulance, emergency medical, basic life support and advanced

life support services.

§ 7822.  Publication and notice.

The [agency] commissioner shall publish notice of the grant

program availability through the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin:

* * *

§ 7823.  Award of grants.

(a)  Authorization.--The [agency] commissioner is authorized

to make a grant award to each eligible volunteer ambulance

service for the following:

* * *

(b)  Limits.--

(1)  Grants shall be not less than $2,500 and not more

than [$10,000] $13,000 per volunteer ambulance service.

* * *

(c)  Time for filing application and department action.--

(1)  Within 30 days of June 28, 2007, for the fiscal

years commencing July 1, 2006, and July 1, 2007, and by

September 1 of each year thereafter, the [agency] 

commissioner shall provide written instructions for grants

under this chapter to the president of every volunteer

ambulance service in this Commonwealth.

(2)  Within 45 days of the effective date of June 28,

2007, for the fiscal years commencing July 1, 2006, and July

1, 2007, and by September 8 of each year, the [agency] 

commissioner shall provide applications to the president of

every volunteer ambulance service. The application for the

fiscal years commencing July 1, 2006, and July 1, 2007, shall

be a combined application. Volunteer ambulance services

seeking grants under this chapter shall submit completed

applications to the [agency] commissioner. The application

period shall remain open for 45 days each year. The [agency] 

commissioner shall act to approve or disapprove applications

within 60 days of the application submission deadline each

year. Applications which have not been approved or

disapproved by the [agency] commissioner within 60 days after

the close of the application period each year shall be deemed

approved.

§ 7831.  [Volunteer] Fire Company Grant Program.

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The sum of [$22,000,000] $34,000,000 of the amount

appropriated to the agency for volunteer company grants under

section 225 of the act of March 20, 2003 (P.L.463, No.1A),

known as the General Appropriation Act of 2003, [shall be

expended] is transferred to the commissioner for the purpose

of making grants to eligible [volunteer] fire companies under

Subchapter B (relating to [volunteer] fire company grant

program).

§ 7832.  Volunteer Ambulance Service Grant Program.

The sum of [$3,000,000 of] the amount appropriated to the

agency for volunteer company grants under section 225 of the act

of March 20, 2003 (P.L.463, No.1A), known as the General

Appropriation Act of 2003, [shall be expended] is transferred to

the commissioner for the purpose of making grants to eligible

volunteer ambulance companies under Subchapter C (relating to

volunteer ambulance service grant program).

§ 7833.  Allocation of appropriated funds.

(a)  [Prohibition] Administration.--[No money from] The

commissioner may use up to $100,000 from the appropriation for

volunteer company grants [shall be used for expenses or costs

incurred by the agency] for the administration of the grant

programs authorized under Subchapters B (relating to [volunteer] 

fire company grant program) and C (relating to volunteer

ambulance service grant program).

(b)  Grant allocation.--Unless otherwise expressly stated,

money appropriated to the agency or the [agency] commissioner 

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for purposes of volunteer company grants shall be allocated as

follows:

(1)  [Eighty-eight] Eighty-five percent of the amount

appropriated shall be used for making grants to eligible

[volunteer] fire companies under Subchapter B.

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(2)  [Twelve] Fifteen percent of the amount appropriated

shall be used for making grants to eligible volunteer

ambulance companies under Subchapter C.

§ 7841.  Expiration of authority.

The authority of the [agency] commissioner to award grants

under Subchapters B (relating to [volunteer] fire company grant

program) and C (relating to volunteer ambulance service grant

program) shall expire June 30, [2012] 2016.

Section 7.  Section 7842 of Title 35 is amended by adding a

subsection to read:

§ 7842.  Special provisions.

* * *

(e)  Prohibition.--The commissioner may not award a grant to

a fire company or volunteer ambulance service, which is not

officially recognized by the appropriate municipality.

Section 8.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2)  Section 1799-E 1799-E(a) of the act of April 9, 1929

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(P.L.343, No.176), known as The Fiscal Code, is repealed.

Section  9.  This act shall take effect as follows:

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(1)  The following provisions shall take effect June 30,

2012, or immediately, whichever is later:

(i)  The addition of 4 Pa.C.S. § 1408(b.1).

(ii)  Section 8(2) of this act.

(2)  The remainder of this act shall take effect 

immediately.