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, BENNINGHOFF, HACKETT, DALEY, ROCK, SAMUELSON AND DeLUCA, MARCH 4, 2011

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 26, 2012   

AN ACT

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

Pennsylvania Consolidated Statutes, in amusements, further

providing for transfers from the State Gaming Fund; in

Commonwealth services, further providing for the Volunteer

Companies Loan Fund; in grants to volunteer fire companies

and volunteer services, revising preliminary provisions,

revising volunteer fire company grant provisions on

Establishment, publication and notice, award of grants and

consolidation incentive, revising volunteer ambulance service

grant provisions on establishment, publication and notice and

award of grants; revising grant funding provisions on

allocation of appropriations and; revising miscellaneous

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provisions on expiration and specificity; prohibiting

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transfers from the State Gaming Fund; 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

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 1408.  Transfers from State Gaming Fund.

* * *

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

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 Commencing with fiscal year 2012-2013 and

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continuing annually thereafter, the sum of $30,000,000 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 1.1.  Section 7365 of Title 35 is amended by adding a

subsection to read:

§ 7365.  Volunteer Companies Loan Fund.

* * *

(c)  Use of funds.-–Each fiscal year the State Fire

Commissioner may, subject to the approval of the Governor, use

an amount equal to up to 3% of the total dollar amount of the

loans approved in the immediately preceding fiscal year for the

commissioner's administrative cost to implement and oversee the

volunteer companies loan program.

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 definitions of "grant program," "volunteer

fire company" and "volunteer rescue company" in section 7802 of

Title 35 are amended and the section is amended by adding a

definition to read:

§ 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:

* * *

"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).

* * *

"Volunteer fire company."  A nonprofit chartered corporation,

association or organization, including a volunteer rescue

company, located in this Commonwealth which provides fire

protection or rescue services and which may offer other

voluntary emergency services within this Commonwealth. Voluntary

emergency services provided by a volunteer fire company may

include voluntary ambulance and voluntary rescue services.

"Volunteer rescue company."  A nonprofit chartered

corporation, association or organization located in this

Commonwealth that provides rescue services as part of the

response to fires [or], vehicle or water accidents within this

Commonwealth, including an accredited water rescue company.

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), 7833 and 7841 of Title 35 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:

* * *

(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.

§ 7833.  Allocation of appropriated funds.

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

commissioner may, subject to the approval of the Governor, use

up to $125,000 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] Office of the State Fire

Commissioner 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.

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

shall be used for making grants to eligible volunteer

ambulance companies under Subchapter C.

(c)  Continuing appropriation.--The appropriation referred to

in subsection (b) shall not lapse at the end of any fiscal year

and may be used in the grant allocation under subsection (b) in

the succeeding fiscal year.

§ 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] 2014.

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.  This act shall take effect immediately.

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Section 8.  Repeals are as follows:

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(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

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

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

Section 9.  No transfer under section 1799-E(a) of the act of

April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, may

be made after June 30, 2012.

Section 10.  The following provisions shall apply

retroactively to June 30, 2012:

(1)  The amendment of 35 Pa.C.S. § 7841.

(2)  Section 8(2) of this act.

(3)  Section 9 of this act.

Section 11.  This act shall take effect as follows:

(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.