THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, ERICKSON, ALLOWAY, FONTANA, RAFFERTY, SCHWANK, BOSCOLA, BAKER, PILEGGI, SOLOBAY, COSTA, BROWNE, TARTAGLIONE AND FERLO, NOVEMBER 22, 2011

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, NOVEMBER 22, 2011  

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, providing for discontinuation of

volunteer emergency services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 7505.  Discontinuation of volunteer emergency services.

(a)  General rule.--A municipality shall not discontinue the

services of a volunteer fire company or volunteer ambulance

service authorized by the municipality to operate within the

municipality except in accordance with this section.

(b)  Notice of intent to discontinue.--The governing body of

the municipality shall publish in a newspaper of general

circulation once a week for two successive weeks a notice of

intent to discontinue the services of a volunteer fire company

or volunteer ambulance service. The notice shall contain the

name and address of the volunteer fire company or volunteer

ambulance service proposed to be discontinued and the date,

time, and location of the special public meeting as provided in

subsection (c). On the date of first publication, the notice

shall be posted at the principal office of the municipality and

mailed to the governing body of each adjoining municipality and

the presiding officers of all emergency service providers

operating within the municipality or within adjoining

municipalities.

(c)  Special public meeting.--No later than 30 days after the

second publication as provided in subsection (b), the governing

body of the municipality shall commence a special public meeting

devoted solely to discussion of the discontinuation. The public

shall have an opportunity to comment during the meeting in

accordance with 65 Pa.C.S. § 710.1 (relating to public

participation). Notwithstanding any other provision of law,

representatives of emergency service organizations shall be

entitled to address the governing body at the meeting. The

meeting shall be continued and reconvened if necessary to permit

comment in accordance with this subsection, provided that in no

event shall the special meeting be concluded later than 30 days

after commencement.

(d)  Vote on discontinuation.--No later than 30 days after

the conclusion of the special public meeting as provided in

subsection (c), the governing body shall vote on the issue of

discontinuation at a public meeting. If the procedures of the

municipality or any law require additional administrative action

or the enactment, amendment, or repeal of an ordinance or

resolution to effectuate the discontinuation, the procedures or

action may be initiated after, or in a manner to coincide with,

the vote, and the required additional action shall be undertaken

in conformity with the vote. The discontinuation shall occur no

sooner than 180 days after the vote as provided in this

subsection or the effective date of any required additional

action, whichever shall occur later, unless the discontinued

volunteer fire company or volunteer ambulance service agrees in

writing to a modification of the date specified.

(e)  Limitation on applicability of section.--Except as

otherwise provided, nothing in this section shall be construed

to affect the powers and duties of municipalities to provide for

emergency services or emergency management in accordance with

this title or any other law, including the power to authorize an

emergency service provider formerly discontinued in accordance

with this section to operate within the municipality.

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Discontinuation."  The prohibition by a municipality of a

volunteer fire department or volunteer ambulance service from

providing emergency services in any part of the municipality.

 "Emergency service organization."  The Pennsylvania

Department of Health, a county communications center, the county

volunteer fire fighter's association, the county fire chief's

association, regional emergency medical services council, any

adjoining municipal governing body, and any municipal or

volunteer fire, rescue, ambulance or other emergency service

organization operating within, or immediately adjacent to, the

municipality considering discontinuation.

"Municipality."  Any city, borough, incorporated town,

township, or a home rule municipality which was formerly a city,

borough, incorporated town, or township.

Section 2. This act shall take effect in 60 days.