PRIOR PRINTER'S NOS. 3346, 4007 PRINTER'S NO. 4349
No. 2384 Session of 2002
INTRODUCED BY J. TAYLOR, T. ARMSTRONG, BARRAR, BEBKO-JONES,
BLAUM, BUXTON, CAPPELLI, CAWLEY, CIVERA, L. I. COHEN, COSTA,
CREIGHTON, CRUZ, DALLY, EACHUS, FICHTER, FLICK, FRANKEL,
FREEMAN, GEIST, GEORGE, HARHAI, HERMAN, HORSEY, JAMES,
JOSEPHS, KELLER, KIRKLAND, LaGROTTA, LAUGHLIN, LYNCH, MANN,
MARKOSEK, McGEEHAN, MELIO, MICOZZIE, PISTELLA, READSHAW,
ROBERTS, RUBLEY, SHANER, SOLOBAY, STEELMAN, STURLA,
E. Z. TAYLOR, THOMAS, TIGUE, TRELLO, WALKO, WASHINGTON,
WATSON, WOJNAROSKI, YOUNGBLOOD, YUDICHAK AND PIPPY,
FEBRUARY 25, 2002
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2002
AN ACT
1 Establishing the Municipal Firefighter Education and Training
2 Program; and making an appropriation. PROGRAM. <--
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Municipal Firefighter Education and Training
6 Program.
7 The Office of the State Fire Commissioner shall establish a
8 Municipal Firefighter Education and Training Program in
9 accordance with the provisions of this act. The administration
10 of this program shall be the responsibility of the Office of the
11 State Fire Commissioner. The commissioner, in consultation with
12 the Fire Safety Advisory Committee established under the act of
13 November 13, 1995 (P.L.604, No.61), known as the State Fire
1 Commissioner Act, shall develop basic course criteria and
2 guidelines for the program. The parameters developed by the
3 commissioner shall be consistent with established standards.
4 Section 2. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Commissioner." The State Fire Commissioner appointed under
9 the act of November 13, 1995 (P.L.604, No.61), known as the
10 State Fire Commissioner Act.
11 "Municipal firefighter." Any full-time employee of a city,
12 borough, town or township fire department assigned to
13 firefighting duties.
14 "School." A training school or academy that offers State
15 Fire Academy certified courses.
16 Section 3. Municipal firefighter training mandatory; penalties.
17 (a) Training.--All political subdivisions of the
18 Commonwealth or groups of political subdivisions acting in
19 concert shall be required to train all members of their fire
20 departments hired by them after the effective date of this
21 section, pursuant to this act. Any person hired as a municipal
22 firefighter by any political subdivision or group of political
23 subdivisions acting in concert after the effective date of this
24 section shall be at the end of one year from the date of his
25 employment ineligible to receive salary, compensation or other
26 consideration or thing of value for the performance of his
27 duties as a firefighter unless he has met all of the
28 requirements as established by the Office of the State Fire
29 Commissioner and has been duly certified as having met those
30 requirements by the commissioner, unless the firefighter is
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1 granted additional time to complete his training by the
2 commissioner. However, any person hired as a municipal
3 firefighter will be given a grace period of two years from the
4 effective date of this section before he becomes ineligible to
5 receive salary, compensation or other consideration of things of
6 value.
7 (b) Penalty.--Any official of any political subdivision who
8 orders, authorizes or pays a salary to a person in violation of
9 the provisions of this act commits a summary offense and upon
10 conviction shall be sentenced to pay a fine of $100 or be
11 imprisoned for a term of not more than 30 days.
12 Section 4. Reimbursement of expenses.
13 (a) Allowable expenses.--The Office of the State Fire
14 Commissioner shall provide for reimbursement to each political
15 subdivision 100% of the allowable tuition and the ordinary and
16 necessary living and travel expenses incurred by their
17 firefighters while attending certified municipal firefighter
18 basic training schools, provided the political subdivision
19 adheres to the training standards, employment longevity
20 provisions and program guidelines established by the Office of
21 the State Fire Commissioner. The regular salary of firefighters
22 while attending schools approved under this act shall be paid by
23 the employing political subdivision. Eighty percent of the
24 regular salaries of firefighters while attending schools
25 approved under this act shall be reimbursed by the commissioner
26 to the employing political subdivision.
27 (b) Grants.--The commissioner shall provide grants as a
28 reimbursement for actual expenses incurred by political
29 subdivisions for municipal firefighters who have successfully
30 completed the required basic course of instruction established
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1 by the Office of the State Fire Commissioner.
2 (c) Application.--All political subdivisions of the
3 Commonwealth or groups of political subdivisions acting in
4 concert may make application to the commissioner for funding
5 pursuant to this act. The application shall be accompanied by a
6 certified copy of a resolution or resolutions adopted by its
7 governing body or bodies providing that, while receiving any
8 State funds under this act, the political subdivision of the
9 Commonwealth or group of political subdivisions acting in
10 concert will adhere to the standards for training established by
11 the commissioner. The application shall contain such information
12 as the commissioner may request.
13 (D) LIMITATION.--GRANTS MAY BE AWARDED ON A PRO RATA BASIS <--
14 IF THE TOTAL DOLLAR AMOUNT OF APPROVED APPLICATIONS EXCEEDS THE
15 AMOUNT OF FUNDS ALLOCATED FOR THIS PROGRAM.
16 Section 5. Applicability to civil service laws.
17 Nothing in this act shall be construed to exempt any
18 municipal firefighter from the provisions of the existing civil
19 service or laws relating to tenure.
20 Section 6. Appropriation. <--
21 The sum of $500,000, or as much thereof as may be necessary,
22 is hereby appropriated to the Office of the State Fire
23 Commissioner for the fiscal year July 1, 2002, to June 30, 2003,
24 to carry out the provisions of this act.
25 SECTION 6. FUNDING. <--
26 THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE SUCH MONEYS
27 AS NECESSARY TO THE OFFICE OF THE STATE FIRE COMMISSIONER.
28 Section 7. Effective date.
29 This act shall take effect in 30 days.
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