PRIOR PRINTER'S NO. 2231
PRINTER'S NO. 2762
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1673
Session of
2019
INTRODUCED BY FARRY, BARRAR, DiGIROLAMO, SCHLOSSBERG, SCHMITT,
MEHAFFIE, KULIK, LONGIETTI, HELM, STAATS, ULLMAN, MILLARD,
THOMAS, POLINCHOCK, O'MARA, READSHAW, DUNBAR, YOUNGBLOOD,
CAUSER, HILL-EVANS, GALLOWAY, BROWN, CIRESI, SAINATO,
D. MILLER, DeLUCA, KIRKLAND, T. DAVIS, FREEMAN, STRUZZI,
QUINN AND KORTZ, JUNE 24, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 22, 2019
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in volunteer firefighters, further
providing for definitions, for statement of purpose, for
funds and for audits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7412 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 7412. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commissioner." The State Fire Commissioner.
* * *
"Length of service award program." A system established by a
volunteer fire company or volunteer firefighters' relief
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
association to provide tax-deferred income benefits to active
volunteer members of a fire service.
"Volunteer fire company." As defined in section 7802
(relating to definitions).
* * *
Section 2. Section 7413 introductory paragraph and (4) of
Title 35 are amended and the section is amended by adding a
paragraph to read:
§ 7413. Statement of purpose.
The purpose of this subchapter is to encourage individuals to
take part in the fire service as volunteer firefighters by
establishing criteria and standards for orderly administration
and conduct of affairs of firefighters' relief associations to
ensure, as far as circumstances will reasonably permit, that
funds shall be available for the assistance to and protection of
volunteer firefighters and their heirs in order to provide:
* * *
(4) Safeguards for preserving life, health and safety of
volunteer firefighters to ensure their availability to
participate in the fire service, including necessary
training.
* * *
(6.1) Financial assistance to recruit and retain
volunteer firefighters.
* * *
Section 3. Section 7416(f)(11) 7416(A) AND (F)(11) of Title
35 is ARE amended and the subsection (F) is amended by adding
paragraphs to read:
§ 7416. Funds.
(A) GENERAL RULE.--A VOLUNTEER FIREFIGHTERS' RELIEF
20190HB1673PN2762 - 2 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ASSOCIATION MAY SOLICIT AND RECEIVE GIFTS AND CONTRIBUTIONS FROM
ANY SOURCE, INCLUDING MUNICIPAL CORPORATIONS, BUT SHALL NOT HAVE
THE RIGHT TO RECEIVE ANY PORTION OF THE MONEY DISTRIBUTED TO
POLITICAL SUBDIVISIONS OF THIS COMMONWEALTH UNDER CHAPTER 7 OF
THE ACT OF DECEMBER 18, 1984 (P.L.1005, NO.205), KNOWN AS THE
MUNICIPAL PENSION PLAN FUNDING STANDARD AND RECOVERY ACT, UNLESS
AND UNTIL THE GOVERNING BODY OF AT LEAST ONE POLITICAL
SUBDIVISION SHALL HAVE CERTIFIED TO THE AUDITOR GENERAL THAT THE
ASSOCIATION IS A BONA FIDE VOLUNTEER FIREFIGHTERS' RELIEF
ASSOCIATION, AFFILIATED WITH A FIRE COMPANY WHICH AFFORDS
PROTECTION AGAINST FIRE TO ALL OR A PORTION OF THE POLITICAL
SUBDIVISION. THIS SECTION SHALL INCLUDE ANY NON-FIRE-COMPANY-
AFFILIATED RELIEF ASSOCIATION IN EXISTENCE AND RECEIVING FUNDS
AS PROVIDED FOR UNDER THIS SUBCHAPTER PRIOR TO NOVEMBER 23,
2010.
* * *
(f) Use.--Funds of any volunteer firefighters' relief
association may be spent:
* * *
(11) To purchase safeguards for preserving life, health
and safety of volunteer firefighters to ensure their
availability to participate in the volunteer fire service,
including necessary training.
* * *
(18) To provide financial assistance for activities and
material needed to aid in the recruitment and retention of
volunteer firefighters.
(19) To establish and pay for length of service award
programs.
Section 4. Section 7418 of Title 35 is amended to read:
20190HB1673PN2762 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 7418. Audits.
(a) General rule.--
(1) The Office of Auditor General shall have the power
and its duty shall be to audit the accounts and records of
every volunteer firefighters' relief association receiving
money under Chapter 7 of the act of December 18, 1984
(P.L.1005, No.205), known as the Municipal Pension Plan
Funding Standard and Recovery Act, as far as may be necessary
to satisfy the Auditor General that the money received was or
is being expended for no purpose other than that authorized
by this subchapter. Copies of all audits shall be furnished
to the Governor.
(2) The commissioner, in consultation with the fire
safety advisory committee, shall establish and publish
annually, on the Office of the State Fire Commissioner's
publicly accessible Internet website, eligible uses of the
money in accordance with this subchapter.
(3) The commissioner may receive inquiries from the fire
services on eligible uses of money and, in consultation with
the Fire Safety Advisory Committee, make a determination on
the eligible use of money on the equipment or service that is
the subject of the inquiry.
(4) Notwithstanding paragraph (1), the commissioner
shall maintain authority relating to the eligible uses of
money received.
(b) Findings.--If the Auditor General finds that [any] money
received by a volunteer firefighters' relief association has
been expended for a purpose other than one authorized by this
subchapter, the Auditor General shall immediately notify the
Governor and the commissioner and shall decline to approve
20190HB1673PN2762 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
further requisitions calling for payment to the volunteer
firefighters' relief association until the improperly expended
amount has been reimbursed to the relief association fund.
Section 5. This act shall take effect in 60 days.
20190HB1673PN2762 - 5 -
1
2
3
4