SENATE AMENDED PRIOR PRINTER'S NOS. 653, 2500 PRINTER'S NO. 3470
No. 591 Session of 1989
INTRODUCED BY ARGALL, McCALL, ALLEN, G. SNYDER, J. L. WRIGHT, BOYES, GODSHALL, STABACK, CESSAR, NOYE, JOHNSON, DISTLER, TIGUE, HASAY, DORR, BUSH, SERAFINI, E. Z. TAYLOR, FOX, DEMPSEY, MRKONIC, PETRARCA, SCHULER, CLYMER, HERMAN, VEON, HALUSKA, MORRIS, REBER, GANNON, LEVDANSKY, GRUPPO, ANGSTADT, GEIST, ROBBINS, DeLUCA, D. W. SNYDER, LASHINGER, LEH, McHALE, FREEMAN, VROON, DIETTERICK, RAYMOND, HESS, BURD, J. H. CLARK, KAISER, CORNELL, FLICK, BELARDI, MELIO, HECKLER, MARSICO AND BROUJOS, FEBRUARY 15, 1989
SENATOR RHOADES, STATE GOVERNMENT, IN SENATE, AS AMENDED, MAY 1, 1990
AN ACT 1 Amending the act of July 15, 1976 (P.L.1036, No.208), entitled, 2 as amended, "An act authorizing the indebtedness, with the 3 approval of the electors, of twenty-five million dollars for 4 loans to volunteer fire companies, volunteer ambulance 5 services and volunteer rescue squads for the purpose of 6 establishing or modernizing facilities to house fire fighting 7 apparatus equipment, ambulances, and rescue vehicles, and for 8 purchasing new fire fighting apparatus equipment, ambulances, 9 and rescue vehicles, protective and communications equipment, 10 and any other accessory equipment necessary for the proper 11 performance of such organizations' duties," providing for an 12 exception to loan limits and adjusting loan limits; AND <-- 13 PROVIDING FOR A REFERENDUM QUESTION ON ADDITIONAL 14 INDEBTEDNESS. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Section 3 of the act of July 15, 1976 (P.L.1036, 18 No.208), known as the Volunteer Fire Company, Ambulance Service 19 and Rescue Squad Assistance Act, is amended by adding a
1 definition to read: 2 Section 3. Definitions.--As used in this act: 3 * * * 4 "Rescue vehicle" means any vehicle, whether a motor vehicle 5 or a watercraft, used for rescue services. 6 * * * 7 Section 2. Section 4(a)(1), (2) 4(A)(2) and (6) and (b) of <-- 8 the act, amended June 13, 1980 (P.L.217, No.65) and May 11, 1982 9 (P.L.407, No.118), are amended and the section is amended by 10 adding a subsection to read: 11 Section 4. Assistance to Volunteer Fire Companies, Ambulance 12 Service and Rescue Squads.--(a) The department is hereby 13 authorized, upon application of any volunteer fire company, 14 volunteer ambulance service and volunteer rescue squad, to make 15 loans to said volunteer companies for the following purposes: 16 (1) Establishing or modernizing facilities that house fire <-- 17 fighting equipment, ambulance or rescue vehicles. The amount of 18 a loan for establishing or modernizing facilities made to any 19 one volunteer fire company, ambulance service or rescue squad 20 shall not exceed 50% of the total cost of the facilities or 21 modernization or [$50,000] $75,000, whichever is less, and a 22 notarized financial statement filed under subsection (c) shall 23 show that the applicant has available 20% of the total cost of 24 the facilities in unobligated funds. Proceeds of the loan shall 25 be used only for purposes of land acquisition or construction, 26 and shall not be used for payment of fees for design, planning, 27 preparation of applications, or any other cost not directly 28 attributable to land acquisition or construction. 29 * * * <-- 30 (2) Purchasing fire fighting apparatus, ambulances or rescue 19890H0591B3470 - 2 -
1 vehicles. The amount of a loan made for purchasing fire fighting 2 apparatus, to any one volunteer fire company shall not exceed 3 [$50,000] $100,000 for any single fire fighting apparatus 4 equipment or utility or special service vehicle or heavy duty 5 rescue vehicle as defined by regulation, or 50% of the total 6 cost of the equipment or vehicle, whichever is less EXCEPT FOR <-- 7 LOANS FOR AERIAL APPARATUS AS DEFINED BY REGULATION, WHICH SHALL 8 NOT EXCEED $150,000. The amount of a loan made to any one 9 volunteer fire company, ambulance service or rescue squad for 10 any ambulance or light duty rescue vehicle as defined by 11 regulation shall not exceed $40,000 $50,000 and for a watercraft <-- 12 rescue vehicle shall not exceed [$25,000] $15,000 or 50% of the 13 cost of the ambulance or rescue vehicle, whichever is less, and 14 a notarized financial statement filed under subsection (c) shall 15 show that the applicant has available 20% of the total cost of 16 the vehicle in unobligated funds. 17 * * * 18 (6) Purchasing of used fire fighting apparatus, equipment, 19 used ambulances, used rescue vehicles, used communications 20 equipment, used accessory equipment or used protective 21 equipment: Provided, however, That the used vehicles and 22 equipment shall meet the National Fire Protection Association 23 (NFPA) standards: And provided further, That loans for the 24 purchase of a used single apparatus equipment shall not exceed 25 $60,000 or 80% of the total cost of the equipment, whichever is 26 less. 27 Loans under this act may be made for any of the purposes of 28 this subsection undertaken by a volunteer fire company, 29 volunteer ambulance service and volunteer rescue squad on or 30 after November 4, 1975, the date of the approval of the 19890H0591B3470 - 3 -
1 referendum approving the borrowing of money for the purposes of 2 this act. 3 (b) Loans made by the department IN THE AMOUNT OF $100,000 <-- 4 OR MORE shall be for a period of not more than [ten] 15 years, 5 LOANS LESS THAN $100,000 SHALL BE FOR A PERIOD OF TEN YEARS, and <-- 6 any loan of the amount of [$10,000] $15,000 or less shall be for 7 a period of not more than five years. Loans shall be subject to 8 the payment of interest at 2% per annum and shall be subject to 9 such security as shall be determined by the department. The 10 total amount of interest earned by the investment or 11 reinvestment of all or any part of the principal of any loan 12 shall be returned to the department and transferred to the 13 Volunteer Companies Loan Fund, and shall not be credited as 14 payment of principal or interest on the loan. The minimum amount 15 of any loan shall be [$1,000] $5,000. 16 * * * 17 (h) Notwithstanding any other provision of this section to 18 the contrary, the maximum amount of any loan to a volunteer fire 19 company, volunteer ambulance service and volunteer rescue squad 20 for the purchase of fire fighting apparatus, ambulances or 21 rescue vehicles built MANUFACTURED OR ASSEMBLED in this <-- 22 Commonwealth may exceed the loan limits set forth in this 23 section by $10,000. 24 Section 3. This act shall take effect in 60 days. <-- 25 SECTION 3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <-- 26 SECTION 18.1. REFERENDUM FOR ADDITIONAL INDEBTEDNESS.--(A) 27 THE QUESTION OF INCURRING INDEBTEDNESS OF $25,000,000 FOR LOANS 28 TO VOLUNTEER FIRE COMPANIES, VOLUNTEER AMBULANCE SERVICES AND 29 VOLUNTEER RESCUE SQUADS FOR THE PURPOSE OF ESTABLISHING OR 30 MODERNIZING FACILITIES TO HOUSE FIREFIGHTING APPARATUS 19890H0591B3470 - 4 -
1 EQUIPMENT, AMBULANCES AND RESCUE VEHICLES, AND FOR PURCHASING 2 FIREFIGHTING APPARATUS EQUIPMENT, AMBULANCES AND RESCUE 3 VEHICLES, PROTECTIVE AND COMMUNICATIONS EQUIPMENT, AND ANY OTHER 4 ACCESSORY EQUIPMENT NECESSARY FOR THE PROPER PERFORMANCE OF SUCH 5 ORGANIZATIONS' DUTIES, SHALL BE SUBMITTED TO THE ELECTORS AT THE 6 NEXT PRIMARY, MUNICIPAL OR GENERAL ELECTION FOLLOWING ENACTMENT 7 OF THIS ACT. 8 (B) THE SECRETARY OF THE COMMONWEALTH SHALL FORTHWITH 9 CERTIFY THE QUESTION TO THE COUNTY BOARDS OF ELECTION. 10 (C) THE QUESTION SHALL BE IN SUBSTANTIALLY THE FOLLOWING 11 FORM: 12 DO YOU FAVOR THE INCURRING OF INDEBTEDNESS OF $25,000,000 13 FOR LOANS TO VOLUNTEER FIRE COMPANIES, VOLUNTEER AMBULANCE 14 SERVICES AND VOLUNTEER RESCUE SQUADS FOR THE PURPOSE OF 15 ESTABLISHING OR MODERNIZING FACILITIES TO HOUSE FIREFIGHTING 16 APPARATUS EQUIPMENT, AMBULANCES AND RESCUE VEHICLES, AND FOR 17 PURCHASING FIREFIGHTING APPARATUS EQUIPMENT, AMBULANCES AND 18 RESCUE VEHICLES, PROTECTIVE AND COMMUNICATIONS EQUIPMENT, AND 19 ANY OTHER ACCESSORY EQUIPMENT NECESSARY FOR THE PROPER 20 PERFORMANCE OF SUCH ORGANIZATIONS' DUTIES? 21 (D) THE ELECTION SHALL BE CONDUCTED IN ACCORDANCE WITH THE 22 ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE 23 "PENNSYLVANIA ELECTION CODE," EXCEPT THAT THE TIME LIMITS FOR 24 ADVERTISEMENT OF NOTICE OF THE ELECTION MAY BE WAIVED AS TO THE 25 QUESTION. 26 (E) PROCEEDS OF BORROWING SHALL BE USED THROUGH LOANS TO 27 VOLUNTEER FIRE COMPANIES, VOLUNTEER AMBULANCE SERVICES AND 28 VOLUNTEER RESCUE SQUADS PURSUANT TO AND FOR ANY PURPOSE 29 ESTABLISHED BY THIS ACT. 30 SECTION 18.2. AUTHORIZATION OF CONTRACTS.--(A) THE 19890H0591B3470 - 5 -
1 SECRETARY OF GENERAL SERVICES IS HEREBY AUTHORIZED TO ENTER INTO 2 CONTRACTS WITH LOCAL VOLUNTEER FIRE, AMBULANCE AND RESCUE 3 COMPANIES TO PROVIDE SERVICES NECESSARY TO EXTINGUISH FIRES OR 4 PERFORM ANY OTHER ALLIED SERVICES ON STATE-OWNED PROPERTY. 5 (B) THE SECRETARY OF TRANSPORTATION IS HEREBY AUTHORIZED TO 6 ENTER INTO CONTRACTS WITH LOCAL VOLUNTEER FIRE, AMBULANCE AND 7 RESCUE COMPANIES TO PROVIDE SERVICES NECESSARY TO EXTINGUISH 8 FIRES OR PERFORM ANY OTHER ALLIED SERVICES ON LIMITED ACCESS 9 HIGHWAYS, OTHER THAN THE PENNSYLVANIA TURNPIKE. 10 SECTION 18.3. REIMBURSEMENT PROCEDURE AND AMOUNT.--(A) ANY 11 SUCH CONTRACT BETWEEN THE SECRETARY OF GENERAL SERVICES OR THE 12 SECRETARY OF TRANSPORTATION AND A LOCAL VOLUNTEER FIRE, 13 AMBULANCE AND RESCUE COMPANY SHALL PROVIDE THAT THE DEPARTMENT 14 OF GENERAL SERVICES OR THE DEPARTMENT OF TRANSPORTATION SHALL, 15 MONTHLY, UPON RECEIPT OF PROPER PROOF, REIMBURSE EACH CONTRACTED 16 VOLUNTEER FIRE, AMBULANCE AND RESCUE COMPANY ATTENDING AND 17 PROVIDING FIRE CONTROL OR OTHER ALLIED SERVICES ON STATE-OWNED 18 PROPERTY OR LIMITED ACCESS HIGHWAYS, AS THE CASE MAY BE, A 19 MINIMUM AMOUNT OF $50 FOR EACH VERIFIED FIRE OR EMERGENCY CALL 20 AND THE COST OF ANY SPECIAL EXTINGUISHING AGENTS UTILIZED, WHICH 21 THE VOLUNTEER FIRE, AMBULANCE AND RESCUE COMPANY MADE IN THE 22 PRECEDING MONTH AS CERTIFIED BY THE PERSON IN CHARGE AT THE 23 PARTICULAR STATE-OWNED PROPERTY OR BY AN INDIVIDUAL OR 24 INDIVIDUALS DESIGNATED BY THE SECRETARY OF TRANSPORTATION TO 25 VERIFY SERVICES RENDERED ON LIMITED ACCESS HIGHWAYS. 26 (B) ANY SUCH CONTRACT BETWEEN THE DEPARTMENT OF GENERAL 27 SERVICES OR THE DEPARTMENT OF TRANSPORTATION AND A LOCAL 28 VOLUNTEER AMBULANCE OR RESCUE COMPANY SHALL ALSO PROVIDE THAT 29 THE AMBULANCE OR RESCUE COMPANY REQUEST REIMBURSEMENT FROM 30 COLLECTIBLE INSURANCE PROCEEDS AVAILABLE AS A RESULT OF THE FIRE 19890H0591B3470 - 6 -
1 OR EMERGENCY SITUATION FOR WHICH THE AMBULANCE OR RESCUE COMPANY 2 PROVIDED ALLIED SERVICES. ANY SUCH PROCEEDS PAYABLE TO THE 3 AMBULANCE OR RESCUE COMPANY SHALL BE DEDUCTED FROM THE 4 REIMBURSEMENT FOR SERVICES PROVIDED PURSUANT TO A CONTRACT 5 ENTERED INTO UNDER THIS ACT. PRIOR TO PAYMENT FOR SERVICES 6 RENDERED, THE LOCAL VOLUNTEER AMBULANCE OR RESCUE COMPANY SHALL 7 PROVIDE PROOF THAT THEY REQUESTED REIMBURSEMENT FROM COLLECTIBLE 8 INSURANCE PROCEEDS. 9 (C) A FALSE ALARM ON STATE-OWNED PROPERTY TO WHICH A 10 VOLUNTEER FIRE, AMBULANCE OR RESCUE COMPANY RESPONDS SHALL 11 CONSTITUTE A FIRE OR EMERGENCY CALL AND SHALL BE REIMBURSED AT A 12 RATE SET BY THE CONTRACT WITH THE SECRETARY OF GENERAL SERVICES, 13 BUT SHALL NOT BE LESS THAN $25 FOR EACH OCCURRENCE. 14 SECTION 18.4. APPROPRIATIONS.--(A) THE SUM OF $250,000, OR 15 AS MUCH THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO 16 THE DEPARTMENT OF GENERAL SERVICES FOR THE FISCAL YEAR ENDING 17 JUNE 30, 1991, TO EFFECTUATE THE PURPOSES OF SECTIONS 18.2 AND 18 18.3. ALL FUNDS UNEXPENDED, UNCOMMITTED OR UNENCUMBERED ON JUNE 19 30, 1991, SHALL LAPSE. 20 (B) THE SUM OF $250,000, OR AS MUCH THEREOF AS MAY BE 21 NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF 22 TRANSPORTATION FOR THE FISCAL YEAR ENDING JUNE 30, 1991, TO 23 EFFECTUATE THE PURPOSES OF SECTIONS 18.2 AND 18.3. ALL FUNDS 24 UNEXPENDED, UNCOMMITTED OR UNENCUMBERED ON JUNE 30, 1991, SHALL 25 LAPSE. 26 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. L6L72WMB/19890H0591B3470 - 7 -