THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FAIRCHILD, SOLOBAY, MELIO, GILLESPIE, PHILLIPS, BELFANTI, BOBACK, BOYD, CAUSER, CLYMER, CUTLER, EVERETT, FARRY, FLECK, GOODMAN, GRELL, GROVE, HALUSKA, HARHAI, HARHART, HICKERNELL, HORNAMAN, KOTIK, KULA, MARSHALL, MARSICO, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURT, O'NEILL, PICKETT, PYLE, RAPP, READSHAW, ROHRER, SIPTROTH, STABACK, STERN, SWANGER, TALLMAN, TRUE, VULAKOVICH, WATSON, YOUNGBLOOD, K. SMITH AND BEAR, JULY 1, 2009

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JULY 1, 2009  

AN ACT

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

Pennsylvania Consolidated Statutes, consolidating statutory

provisions relating to volunteer firefighters and grants to

volunteer fire companies and volunteer services; making

editorial changes; and making related repeals.

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 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 [the act of July 31, 2003 (P.L.73, No.17),

known as the Volunteer Fire Company and Volunteer Ambulance

Service Grant Act] 35 Pa.C.S. Ch. 78 (relating to grants to

volunteer fire companies and volunteer services).

* * *

Section 2.  Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding chapters to read:

CHAPTER 74

VOLUNTEER FIREFIGHTERS

Subchapter

A.  Preliminary Provisions

B.  Relief Association

C.  Employment Sanctions

D.  Special Fire Police

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7401.  Scope of chapter.

7402.  Definitions (Reserved).

7403.  Insurance and compensation.

7404.  Replacement with paid fire company (Reserved).

§ 7401.  Scope of chapter.

This chapter relates to volunteer firefighters.

§ 7402.  Definitions (Reserved).

§ 7403.  Insurance and compensation.

A city, borough or township may expend out of the public

funds of the municipality an amount necessary to secure

insurance or compensation for volunteer firemen killed or

injured while going to, returning from or attending fires in the

municipality or territory adjacent thereto.

§ 7404.  Replacement with paid fire company (Reserved).

SUBCHAPTER B

RELIEF ASSOCIATION

Sec.

7411.  Scope of subchapter.

7412.  Definitions.

7413.  Statement of purpose.

7414.  Construction.

7415.  Structure.

7416.  Funds.

7417.  Cooperation agreements.

7418.  Audits.

7419.  Dissolution.

§ 7411.  Scope of subchapter.

This subchapter relates to relief associations.

§ 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:

"Fire service."  The service of organized groups of

individuals, not only in training for and in active duty in the

protection of the public against fire, but also in the training

for and the performance of such other activities as are commonly

undertaken by fire companies and their affiliated organizations,

including, but not limited to, fire prevention, first aid,

rescue and salvage, ambulance service, fire police work, radio

communications, assistance at accidents, control of crowds both

on the fire grounds and at occasions of public or general

assembly, animal rescue, abatement of conditions due to storm,

flood or general peril, abatement or removal of hazards to

safety and participation in public celebrations, parades,

demonstrations and fundraising campaigns.

"Volunteer firefighter."  A person who is a member of:

(1)  a fire company organized and existing under the laws

of the Commonwealth of Pennsylvania;

(2)  a fire police unit, rescue squad, ambulance corps or

other like organization affiliated with one or more fire

companies; or

(3)  a fire company or affiliated organization which

participates in the fire service but does not look to that

service as his or her primary means of livelihood.

A person does not lose status as a volunteer firefighter solely

because he or she may also be a paid firefighter, so long as the

person is acting within the scope of his or her responsibilities

as a member of a volunteer fire company at the pertinent time

and not within the scope of his or her responsibilities as a

paid firefighter.

"Volunteer firefighters' relief association."  An

organization formed primarily to afford financial protection to

volunteer firefighters against the consequences of misfortune

suffered as a result of their participation in the fire service.

The organization may contain within its membership the members

of one or more fire companies and may serve secondary purposes,

as set forth in this subchapter, but only if adequate provisions

have been first made to serve the primary purpose.

§ 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 protection of volunteer

firefighters and their heirs, to provide:

(1)  Financial assistance to volunteer firefighters who

may suffer injury or misfortune by reason of their

participation in the fire service.

(2)  Financial assistance to the widow, children and

other dependents of volunteer firefighters who lose their

lives as a result of their participation in the fire service.

(3)  For payment, either by insurance or by operation of

a beneficial fund, of a sum certain to designated

beneficiaries of a participating member following the death

of a member for any cause, and to establish criteria which

members must meet in order to qualify as participants in a

death benefit fund.

(4)  Safeguards for preserving life, health and safety of

volunteer firefighters to ensure their availability to

participate in the fire service.

(5)  Financial assistance to volunteer firefighters who,

after having actively participated in the fire service for a

specified minimum term, are no longer physically able to

continue participation and are in need of financial

assistance.

(6)  Funds to aid rehabilitation of volunteer

firefighters who have suffered an impairment of their

physical capacity to continue to perform their normal

occupations.

(7)  Sufficient funds to ensure the efficient and

economic handling of the business of firefighters' relief

associations in accomplishing the objectives of this section.

§ 7414.  Construction.

This subchapter shall be:

(1)  Construed, applied and interpreted, so far as

circumstances permit, as justifying the actions of the

officers and members of volunteer firefighters' relief

associations affected by it, when the actions appear to have

been taken in good faith and in a bona fide belief that they

were in furtherance of the purposes of this subchapter.

(2)  Strictly construed and applied against persons

responsible:

(i)  for actions taken in willful disregard of the

purposes of this subchapter, or with reckless

indifference to those purposes; and

(ii)  if an action which has been called into

question results, has resulted or was likely to result in

an unmerited personal benefit to one or more of the

persons responsible for taking that action.

§ 7415.  Structure.

(a)  General rule.--A volunteer firefighters' relief

association may be a body corporate, governed by a charter and

bylaws or an unincorporated association of individuals governed

by bylaws and a constitution. In either case, it must provide

for taking and preserving minutes of all meetings and

maintenance of such books of account as may be necessary and

appropriate to afford a permanent record of its fiscal affairs.

(b)  Constitution or charter.--The constitution or charter

shall:

(1)  state the name, purposes and form of the

organization; and

(2)  designate the class or classes of persons eligible

for membership and procedures to be followed in making

amendments.

(c)  Bylaws.--The bylaws shall:

(1)  Specify the requirements for securing membership,

voting rights of different classes of members, if there be

different classes, and conditions under which membership may

be terminated.

(2)  State the notice requirements and procedure to be

followed in calling meetings, as well as quorum requirements

for regular and special meetings of the membership and for

regular and special meetings of the body which governs the

operations of the association between membership meetings,

and shall designate that body, whether it be a board of

directors, trustees or any similar body such as an executive

committee. Unless otherwise provided for in the bylaws,

powers and duties of officers, directors and trustees, shall

be those which normally pertain to such positions in

nonprofit corporations.

(3)  Require that the signatures of at least two

officers, one of whom shall be the disbursing officer, shall

be required to bind the association by formal contract or to

issue a negotiable instrument.

(4)  Require that the disbursing officer, whether

designated treasurer, comptroller, financial secretary or

otherwise, shall be bonded by corporate surety for faithful

performance of duty. The amount of the bond shall be at least

as great as the maximum cash balance in current funds of the

association at any time during the fiscal year, and the

premium on the bond shall be a proper charge against funds of

the association.

(5)  State the procedure to be followed in nominating and

electing officers, trustees, directors and members of the

executive committee, according to the provisions which have

been made for establishment of those positions.

(6)  Establish procedures for the approval and payment of

expenditures, investment of funds and sale of investments.

(7)  Set out the procedure to be followed in amending

bylaws.

(8)  Specify notice required with respect to proposed

bylaw amendments, including the time, place and date when the

proposed amendments shall be considered.

(9)  Be faithfully preserved, along with amendments

thereto and the effective date of the amendments, in

permanent form.

(10)  Contain such other provisions as may, to the

membership, seem appropriate or necessary to the orderly

conduct of affairs of the association.

(d)  Standing procedures.--In addition to adopting bylaws, an

association may adopt standing procedures, which shall be such

matters as the membership may regard to be of a routine nature.

Standing procedures may be adopted, modified or repealed by

motion and majority vote but shall not be inconsistent with the

bylaws, and they shall be recorded as an appendix to the bylaws.

(e)  Charitable corporation.--A volunteer firefighters'

relief association organized or conducted in accordance with the

requirements of this section shall be regarded as a charitable

corporation for all purposes, including the right to establish

exemption from the operation of certain taxes.

§ 7416.  Funds.

(a)  General rule.--A volunteer firefighters' relief

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.

(b)  Deposit.--Funds of a volunteer firefighters' relief

association may be deposited in any bank, trust company or other

banking establishment accredited by the Commonwealth or insured

by the Government of the United States.

(c)  Investments.--All or any part of the funds of a

volunteer firefighters' relief association may be invested:

(1)  In any form of investment named in 20 Pa.C.S. Ch. 73

(relating to municipalities investments). First mortgages

insuring repayment of loans by relief associations shall

provide for a minimum interest payment of 3% and not exceed

80% of the appraised value of real property covered by the

mortgage.

(2)  In any obligation of a political subdivision, having

the power to levy or collect taxes.

(3)  In any obligation of an incorporated fire company,

provided that the obligation is:

(i)  Secured by assets of the company having capital

value equal to at least 150% of the amount of the

obligation at the time it is made.

(ii)  Subject to provisions which amortize the loan

at a rate ensuring that the depreciated value of the

assets pledged shall continue to be at least 150% of the

balance due.

(d)  Limitation.--No investment shall be acquired, encumbered

or sold except pursuant to resolution duly enacted by the

governing body of the association.

(e)  Income from investments.--Income from investments may be

invested or spent in the same way as any other income.

(f)  Funds of any volunteer firefighters' relief association

may be spent:

(1)  To pay for such normal and reasonable running

expenses as may be appropriate to the businesslike conduct of

the affairs of the association, including legal fees, rental

or purchase of offices, payment of reasonable compensation of

employees and purchase of office equipment and supplies.

(2)  To purchase contracts of insurance which, at a

minimum, shall afford financial assistance to active members

of the fire service represented by the association against

losses due to injury suffered in the fire service and may

also provide, in the order named:

(i)  for payments to the surviving spouse or other

dependents of a member in the event of the member's

death;

(ii)  for protection of active firefighters against

disease;

(iii)  for replacement or purchase of prosthetic

devices such as visual aids, hearing aids, dentures,

braces, crutches and the like, where those devices have

been lost or damaged while the owner was engaged in the

fire service or where the need for those devices arose

because of functional impairment attributable to

participation in the fire service;

(iv)  for repair or replacement, if necessary, of

articles of clothing or pocket pagers damaged or lost in

the course of participation in the fire service; and

(v)  for disability incurred after service for a

minimum of 20 years as a volunteer firefighter.

(3)  To maintain a beneficiary or death benefit fund and

to pay a sum certain from that fund to the beneficiary of a

participant in that fund upon death. If a beneficiary is not

designated or a designated one has predeceased the

participant, the sum certain shall be paid to the estate of

the participant.

(4)  To pay in full or in part for damage or loss in any

of the categories mentioned in paragraph (2) in a specific

case where:

(i)  no policy of insurance is in force covering the

risk; or

(ii)  the amount payable under insurance policies in

force is inadequate to cover the loss.

(5)  To pay the cost of procuring and forwarding tokens

of sympathy and goodwill to a volunteer firefighter who may

be ill or hospitalized as a result of participation in the

fire service or who may die or who may be seriously ill for

any reason.

(6)  To make cash payments to families in distressed

circumstances by reason of age, infirmity or other disability

suffered by one of the family members in the course of

participation in the fire service as a volunteer firefighter.

(7)  To acquire and to maintain membership in any

Statewide association or corporation which extends advice and

assistance to firefighters' relief associations and to pay to

a duly elected delegate the reasonable expenses of travel and

maintenance for attending a meeting of the Statewide

association or corporation.

(8)  To contribute to or to purchase contracts of

insurance which will contribute to the cost of rehabilitating

and retraining volunteer firefighters who, by reason of their

participation in the fire service, have suffered a major

impairment of the ability to continue their vocation.

(9)  To pay for medical and surgical bills arising from

injuries sustained by volunteer firefighters while engaged in

activities of a fire company to the extent that the bills are

not covered by insurance provided by the relief association.

(10)  To pay reasonable expenses actually and necessarily

incurred for attending bona fide firefighters' training

schools.

(11)  To purchase safeguards for preserving life, health

and safety of volunteer firefighters to ensure their

availability to participate in the volunteer fire service.

(12)  To secure insurance against legal liability of

volunteer firefighters for loss and expense from claims

arising out of performance of official and authorized duties

while going to, returning from or attending fires or

performing their duties as special fire police.

(13)  To maintain comprehensive health, physical fitness

and physical monitoring programs that provide for physical

fitness activities, nutrition education and instruction and

health and fitness evaluation and monitoring, provided that

the programs have been approved by the nearest State-licensed

health care facility which is authorized to provide that

service.

(14)  To purchase exercise and fitness equipment for use

by volunteer firefighters, except that expenditures for

exercise and fitness equipment shall not exceed $2,000 in any

two-year period.

(15)  To purchase fire hoses and nozzles.

(16)  To purchase fire prevention materials for public

distribution.

§ 7417.  Cooperation agreements.

Two or more volunteer firefighters' relief associations may

jointly cooperate to enter into agreements to make expenditures

that are authorized under this subchapter. A joint cooperation

agreement may be enforced by and against a volunteer

firefighters' relief association.

§ 7418.  Audits.

(a)  General rule.--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.

(b)  Findings.--If the Auditor General shall find 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 shall decline to approve further requisitions

calling for payment to the volunteer firefighters' relief

association until the improperly expended amount has been

reimbursed to the relief association fund.

§ 7419.  Dissolution.

(a)  Withdrawal.--If the voters determine under section 7404

(relating to replacement with paid fire company) to replace a

volunteer fire company with a full-paid fire department or

company and the volunteer company which has been replaced ceases

to render fire service to any community, the volunteer company

shall withdraw from the volunteer firefighters' relief

association which had extended protection to its membership.

(b)  Continuation.--Notwithstanding withdrawal of a company

under subsection (a), the volunteer firefighters' relief

association shall continue granting financial assistance to its

remaining members and their families in death, sickness and

distress suffered through the unfortunate elements of life.

(c)  New members prohibited.--A volunteer firefighters'

relief association continuing under subsection (b) shall not

receive any new members.

(d)  Application.--When the membership of a relief

association functioning under subsection (b) diminishes to five

members, the association shall apply to the local common pleas

court for dissolution.

(e)  Determination.--Upon receipt of an application under

subsection (d), the court shall direct that:

(1)  all bills, including the costs of dissolution, be

paid; and

(2)  the balance of funds in the treasury of the

volunteer firefighters' relief association subject to

dissolution be paid to the pension fund of the paid fire

department created as set forth in subsection (a).

SUBCHAPTER C

EMPLOYMENT SANCTIONS

Sec.

7421.  Scope of subchapter.

7422.  Definitions.

7423.  Prohibition on termination and discipline.

7424.  Prohibition on discrimination.

7425.  Lost time.

7426.  Statements.

7427.  Violations.

§ 7421.  Scope of subchapter.

This subchapter relates to employment sanctions.

§ 7422.  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:

"Discipline."  The taking of an action against an employee

which adversely affects his regular pay to an extent greater

than permitted by section 7425 (relating to lost time), his job

status or opportunity for promotion, or his right to any benefit

granted by the employer to other similarly situated employees.

"Discriminate."  To discharge or to discipline in a manner

inconsistent with the employer's treatment of other similarly

situated employees who are injured in the course of their

employment or related activities.

"Employer."  An individual, partnership, association,

corporation, business trust or a person or group of persons

acting directly or indirectly in the interest of an employer in

relation to any employee.

"Line of duty."  Going to, coming from or during fire

prevention and safety activities which includes fire prevention,

first aid, rescue and salvage, ambulance service, fire police

work, assistance at accidents, control of crowds both on the

fire grounds and at occasions of public or general assembly,

animal rescue, abatement of conditions due to storm, flood or

general peril, abatement or removal of hazards to safety and

other activities as are commonly undertaken by fire companies,

ambulance services or rescue squads or their affiliated

organizations.

§ 7423.  Prohibition on termination and discipline.

No employer shall terminate or discipline an employee who is

a volunteer fireman, fire police or volunteer member of an

ambulance service or rescue squad and, in the line of duty, has

responded to a call prior to the time he was due to report for

work resulting in a loss of time from his employment.

§ 7424.  Prohibition on discrimination.

No employer shall discriminate against an employee because

the employee has been injured in the line of duty as a volunteer

fireman, fire police or volunteer member of an ambulance service

or rescue squad, nor shall an employer discriminate against an

employee injured in the line of duty as a volunteer fireman,

fire police or volunteer member of an ambulance service or

rescue squad who subsequently returns to work after receiving

workers' compensation benefits under the act of June 2, 1915

(P.L.736, No.338), known as the Workers' Compensation Act.

§ 7425.  Lost time.

Time lost from employment as provided in section 7423

(relating to prohibition on termination and discipline) may be

charged to the regular pay of the employee.

§ 7426.  Statements.

An employee losing time as provided in section 7423 (relating

to prohibition on termination and discipline) shall supply his

employer with a statement from the chief executive officer of

his volunteer fire company, ambulance service or rescue squad or

its affiliated organization stating that he responded to a call

and the time of the call.

§ 7427.  Violations.

(a)  Employers.--An employer who willfully and knowingly

violates the provisions of this subchapter shall be required to

revoke a disciplinary action and any penalty attached thereto,

or to reinstate such employee to his former position, and shall

be required to pay the employee all lost wages and benefits for

the period between termination and reinstatement and reasonable

attorney fees incurred in an action to recover lost wages and

benefits.

(b)  Statute of limitations.--An action to enforce the

provisions of this subchapter shall be commenced within the

period of two years within the date of violation, and the action

shall be commenced in the court of common pleas of the county in

which the employer is located.

SUBCHAPTER D

SPECIAL FIRE POLICE

Sec.

7431.  Scope of subchapter.

7432.  Definitions (Reserved).

7433.  Nomination.

7434.  Confirmation.

7435.  Powers.

7436.  Power and authority in places other than where appointed.

7437.  Badge of authority and subordination.

§ 7431.  Scope of subchapter.

This subchapter applies to a volunteer fire company in any

city, borough, town, township or home rule municipality.

§ 7432.  Definitions (Reserved).

§ 7433.  Nomination.

An entity under section 7431 (relating to scope of

subchapter) may nominate any of its members as special fire

police.

§ 7434.  Confirmation.

Special fire police nominated under this subchapter shall,

before they enter upon their duties, be confirmed by the mayor

of the city, the mayor of the borough or town, the chairman of

the board of commissioners or supervisors of the township or the

chief executive officer of a home rule municipality, as the case

may be. 

§ 7435.  Powers.

(a)  Specific powers.--When confirmed and sworn and

displaying a badge of authority, special fire police shall have

full power to regulate traffic and keep crowds under control at

or in the vicinity of any fire on which their companies are in

attendance and to exercise other police powers necessary to

facilitate and prevent interference with the work of firemen in

extinguishing fires. They shall also have the police powers

necessary to perform their duties when functioning as special

fire police at any function, event or parade conducted by, and

under the auspices of, a volunteer fire company, or another

event, function or parade conducted by an organization other

than a volunteer fire company, provided that the request to

perform these duties is made by the governing body of the city,

borough, town, township or home rule municipality in which the

event will be conducted, or when accidents, floods or any other

emergencies require performance of traffic-control and crowd-

control duties. The duties may be performed without prior

request from the governing body until the arrival of proper

State, city, borough, town, township or home rule municipality

police authority and thereafter subject to direction of the

police authority until the emergency no longer exists. A person

functioning as special fire police and performing a duty under

any of the above conditions shall be deemed to be performing the

duties of his employment.

(b)  Identification.--Fire police performing the duties under

this subchapter shall be identifiable by, at minimum, the

wearing of a distinctive arm band, hat, uniform or insignia.

(c)  Construction.--Under no circumstances shall this

subchapter be construed to grant special fire police the right

to use firearms or other weapons in the exercise of special fire

police powers granted by this subchapter.

§ 7436.  Power and authority in places other than where

appointed.

Whenever a volunteer fire company is in attendance on a fire,

or when the special fire police are on special duty as provided

under this subchapter, the special fire police in a city,

borough, town or township, other than the one in which the fire

company is organized, shall have the same power and authority in

another city, borough, town or township as they would have where

they were appointed.

§ 7437.  Badge of authority and subordination.

All special fire police when on duty shall display a badge of

authority and shall be subject to the control of the chief of

police, if any, of the city, borough, town or township in which

they are serving, or, if none, of a member of the Pennsylvania

State Police.

CHAPTER 78

GRANTS TO VOLUNTEER FIRE COMPANIES AND VOLUNTEER SERVICES

Subchapter

A.  Preliminary Provisions

B.  Volunteer Fire Company Grant Program

C.  Volunteer Ambulance Service Grant Program

D.  Grant Funding Provisions

E.  Miscellaneous Provisions

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7801.  Scope of chapter.

7802.  Definitions.

§ 7801.  Scope of chapter.

This chapter relates to grants to volunteer fire companies

and volunteer ambulance services.

§ 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:

"Advanced life support services."  The term shall have the

meaning given to it in the act of July 3, 1985 (P.L.164, No.45),

known as the Emergency Medical Services Act.

"Agency."  The Pennsylvania Emergency Management Agency.

"Basic life support services."  The term shall have the

meaning given to it in the act of July 3, 1985 (P.L.164, No.45),

known as the Emergency Medical Services Act.

"Commissioner."  The State Fire Commissioner.

"Facility."  A structure or portion thereof intended for the

purpose of storage or protection of firefighting apparatus,

ambulances and rescue vehicles and related equipment and gear.

The term does not include meeting halls, social halls, social

rooms, lounges or any other facility not directly related to

firefighting or the furnishing of ambulance or rescue services.

"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).

"Invalid coach."  The term shall have the meaning given to it

in the act of July 3, 1985 (P.L.164, No.45), known as the

Emergency Medical Services Act.

"Volunteer ambulance service."  Any nonprofit chartered

corporation, association or organization located in this

Commonwealth, which is licensed by the Department of Health and

is not associated or affiliated with any hospital and which is

regularly engaged in the provision of emergency medical

services, including basic life support or advanced life support

services and advanced life support squads as defined in 28 Pa.

Code § 1005.1 (relating to general provisions). The term shall

not include any corporation, association or organization that is

primarily engaged in the operation of invalid coaches which are

intended for the routine transport of persons who are

convalescent or otherwise nonambulatory and do not ordinarily

require emergency medical treatment while in transit.

"Volunteer fire company."  A nonprofit chartered corporation,

association or organization 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 accidents within this Commonwealth.

SUBCHAPTER B

VOLUNTEER FIRE COMPANY GRANT PROGRAM

Sec.

7811.  Establishment.

7812.  Publication and notice.

7813.  Award of grants.

7814.  Consolidation incentive.

§ 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 shall publish notice of the grant program

availability through the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin:

(1)  within 30 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007; and

(2)  by August 8 for fiscal years beginning after June

30, 2008.

§ 7813.  Award of grants.

(a)  Authorization.--The agency is authorized to make a grant

award to each eligible volunteer fire company for the following:

(1)  Construction and renovation of the fire company's

facility and purchase or repair of fixtures and furnishings

necessary to maintain or improve the capability of the

company to provide fire, ambulance and rescue services.

(2)  Repair of firefighting, ambulance or rescue

equipment or purchase thereof.

(3)  Debt reduction associated with paragraph (1) or (2).

(4)  Training and certification of members.

(b)  Limits.--

(1)  Except as provided in paragraph (3), grants shall be

not less than $2,500 and not more than $15,000 per volunteer

fire company.

(2)  Grants may be awarded on a pro rata basis if the

total dollar amount of the approved application exceeds the

amount of funds appropriated by the General Assembly for this

purpose.

(3)  In a municipality where there are two or more

volunteer fire companies and if two or more 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 shall provide

written instructions for grants under this chapter to the

fire chief and president of every volunteer fire company in

this Commonwealth.

(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 shall provide

applications to the fire chief and president of every

volunteer fire company. The application for the fiscal years

commencing July 1, 2006, and July 1, 2007, shall be a

combined application. Volunteer fire companies seeking grants

under this chapter shall submit completed applications to the

agency. 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.

§ 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, 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. 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, shall determine and verify

that the consolidated entity is in fact a bona fide consolidated

volunteer fire company. If the agency 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 Volunteer Fire Company,

Ambulance Service and Rescue Squad Assistance Act for which the

consolidating companies or the consolidated entity may be

individually or jointly responsible. The agency may promulgate

such rules and regulations as may be necessary to carry out the

provisions of this section.

Subchapter C

VOLUNTEER AMBULANCE SERVICE GRANT PROGRAM

Sec.

7821.  Establishment.

7822.  Publication and notice.

7823.  Award of grants.

§ 7821.  Establishment.

The Volunteer Ambulance Service Grant Program is  established

and shall be administered by the agency. 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 shall publish notice of the grant program

availability through the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin:

(1)  within 30 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007; and

(2)  by August 8 for fiscal years beginning after June

30, 2008.

§ 7823.  Award of grants.

(a)  Authorization.--The agency is authorized to make a grant

award to each eligible volunteer ambulance service for the

following:

(1)  Construction and renovation of the volunteer

ambulance service's facility and purchase or repair of

fixtures, furnishings, office equipment and support services

necessary to maintain or improve the capability of the

ambulance service to provide ambulance, emergency medical,

basic life support and advanced life support services.

(2)  Repair of ambulance equipment or purchase thereof.

(3)  Debt reduction associated with paragraph (1) or (2).

(4)  Training and certification of members.

(b)  Limits.--

(1)  Grants shall be not less than $2,500 and not more

than $10,000 per volunteer ambulance service.

(2)  Grants may be awarded on a pro rata basis if the

total dollar amount of the approved application exceeds the

amount of funds appropriated by the General Assembly for this

purpose.

(3)  If two or more volunteer ambulance services

consolidated their use of equipment, personnel 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 commencing July 1, 2006, and July 1, 2007, and by

September 1 of each year thereafter, the agency 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 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. 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.

SUBCHAPTER D

GRANT FUNDING PROVISIONS

Sec.

7831.  Volunteer Fire Company Grant Program.

7832.  Volunteer Ambulance Service Grant Program.

7833.  Allocation of appropriated funds.

§ 7831.  Volunteer Fire Company Grant Program.

The sum of $22,000,000 of the amount appropriated to the

agency for volunteer company grants under section 225 of the act

of March 20, 2003 (P.L.463, No.1A), known as the General

Appropriation Act of 2003, shall be expended for the purpose of

making grants to eligible volunteer fire companies under

Subchapter B (relating to volunteer fire company grant program).

§ 7832.  Volunteer Ambulance Service Grant Program.

The sum of $3,000,000 of the amount appropriated to the

agency for volunteer company grants under section 225 of the act

of March 20, 2003 (P.L.463, No.1A), known as the General

Appropriation Act of 2003, shall be expended for the purpose of

making grants to eligible volunteer ambulance companies under

Subchapter C (relating to volunteer ambulance service grant

program).

§ 7833.  Allocation of appropriated funds.

(a)  Prohibition.--No money 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 for purposes of volunteer

company grants shall be allocated as follows:

(1)  Eighty-eight percent of the amount appropriated

shall be used for making grants to eligible volunteer fire

companies under Subchapter B.

(2)  Twelve percent of the amount appropriated shall be

used for making grants to eligible volunteer ambulance

companies under Subchapter C.

SUBCHAPTER E

MISCELLANEOUS PROVISIONS

Sec.

7841.  Expiration of authority.

7842.  Special provisions.

§ 7841.  Expiration of authority.

The authority of the agency 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.

§ 7842.  Special provisions.

(a)  Claim.--An applicant for a grant under this chapter who

failed to return a signed agreement for the preceding year shall

not be permitted to apply for a grant in the current year unless

the applicant has provided the commissioner with a reasonable

written explanation as to why it did not claim its grant.

(b)  Delinquency.--An applicant for a grant under this

chapter who is delinquent in loan payments to the Pennsylvania

Volunteer Loan Assistance Program established 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,

shall agree to use its grant funds to pay any arrears to the

Commonwealth or it will not be qualified to receive a grant. Any

organization agreeing to this arrangement who fails to make the

payment to the Commonwealth shall be disqualified from applying

to the grant program for a period of three years.

(c)  Demonstration.--An applicant for a grant under this

chapter must demonstrate that it complied with all of the terms

of its grant agreement in the previous year regarding the use of

the grant money it received in previous years or it shall not be

eligible to receive a grant in the current year.

(d)  Approval.--An applicant shall not be approved for a

grant to be used for purposes other than those stated in section

7813(a) (relating to award of grants) or 7823(a) (relating to

award of grants).

Section 3.  The following acts and parts of acts are

repealed:

(1)  The act of May 2, 1925 (P.L.494, No.267), entitled

"An act authorizing municipalities to expend money for the

purpose of insuring volunteer firemen against death or

injuries while going to or returning from or attending

fires."

(2)  The act of June 18, 1941 (P.L.137, No.74), entitled

"An act providing for the appointment, powers and control of

members of volunteer fire companies as special fire police,

and conferring powers on them at fires attended by their fire

companies in any city, borough, town, township or home rule

municipality."

(3)  The act of June 13, 1955 (P.L.173, No.51), entitled

"An act relating to volunteer fire companies; prohibiting any

municipality from replacing a volunteer fire company by a

paid fire company unless a majority of the electors of the

municipality voting are in favor of the change; and providing

for referendum to ascertain the will of the electors."

(4)  The act of June 11, 1968 (P.L.149, No.84), known as

the Volunteer Firefighters' Relief Association Act.

(5)  The act of December 1, 1977 (P.L.249, No.83),

entitled "An act prohibiting employers from firing employees

who lose time from employment in the line of duty as

volunteer firemen, fire police and volunteer members of

ambulance services and rescue squads; and providing

penalties."

(6)  The act of July 31, 2003 (P.L.73, No.17), known as

the Volunteer Fire Company and Volunteer Ambulance Service

Grant Act.

Section 4.  The following apply:

(1)  The addition of 35 Pa.C.S. § 7403 is a continuation

of the act of May 2, 1925 (P.L.494, No.267), entitled "An act

authorizing municipalities to expend money for the purpose of

insuring volunteer firemen against death or injuries while

going to or returning from or attending fires." The following

apply:

(i)  Except as otherwise provided in 35 Pa.C.S. §

7403, all activities initiated under the act of May 2,

1925 (P.L.494, No.267), shall continue and remain in full

force and effect and may be completed under 35 Pa.C.S. §

7403. Orders, regulations, rules and decisions which were

made under the act of May 2, 1925 (P.L.494, No.267), and

which are in effect on the effective date of section 3(1)

of this act shall remain in full force and effect until

revoked, vacated or modified under 35 Pa.C.S. § 7403.

(ii)  Except as set forth in subparagraph (iii), any

difference in language between 35 Pa.C.S. § 7403 and the

act of May 2, 1925 (P.L.494, No.267), is intended only to

conform to the style of the Pennsylvania Consolidated

Statutes and is not intended to change or affect the

legislative intent, judicial construction or

administration and implementation of the act of May 2,

1925 (P.L.494, No.267).

(iii)  Subparagraph (ii) does not apply to the

addition of any of the following provisions of 35 Pa.C.S.

§ 7403:

(A)  (Reserved).

(B)  (Reserved).

(2)  (Reserved).

(3)  The addition of 35 Pa.C.S. Ch. 74 Subch. B is a

continuation of the act of June 11, 1968 (P.L.149, No.84),

known as the Volunteer Firefighters' Relief Association Act. 

The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

74 Subch. B, all activities initiated under the Volunteer

Firefighters' Relief Association Act. shall continue and

remain in full force and effect and may be completed

under 35 Pa.C.S. Ch. 74 Subch. B. Orders, regulations,

rules and decisions which were made under the Volunteer

Firefighters' Relief Association Act. and which are in

effect on the effective date of section 3(4) of this act

shall remain in full force and effect until revoked,

vacated or modified under 35 Pa.C.S. Ch. 74 Subch. B.

(ii)  Except as set forth in subparagraph (iii), any

difference in language between 35 Pa.C.S. Ch. 74 Subch. B

and the Volunteer Firefighters' Relief Association Act.

is intended only to conform to the style of the

Pennsylvania Consolidated Statutes and is not intended to

change or affect the legislative intent, judicial

construction or administration and implementation of the

Volunteer Firefighters' Relief Association Act..

(iii)  Subparagraph (ii) does not apply to the

addition of any of the following provisions of 35 Pa.C.S.

Ch. 74 Subch. B:

(A)  (Reserved).

(B)  (Reserved).

(4)  The addition of 35 Pa.C.S. Ch. 74 Subch. C is a

continuation of the act of December 1, 1977 (P.L.249, No.83),

entitled "An act prohibiting employers from firing employees

who lose time from employment in the line of duty as

volunteer firemen, fire police and volunteer members of

ambulance services and rescue squads; and providing

penalties." The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

74 Subch. C, all activities initiated under the act of

December 1, 1977 (P.L.249, No.83), shall continue and

remain in full force and effect and may be completed

under 35 Pa.C.S. Ch. 74 Subch. C. Orders, regulations,

rules and decisions which were made under the act of

December 1, 1977 (P.L.249, No.83), and which are in

effect on the effective date of section 3(5) of this act

shall remain in full force and effect until revoked,

vacated or modified under 35 Pa.C.S. Ch. 74 Subch. C.

(ii)  Except as set forth in subparagraph (iii), any

difference in language between 35 Pa.C.S. Ch. 74 Subch. C

and the act of December 1, 1977 (P.L.249, No.83), is

intended only to conform to the style of the Pennsylvania

Consolidated Statutes and is not intended to change or

affect the legislative intent, judicial construction or

administration and implementation of the act of December

1, 1977 (P.L.249, No.83).

(iii)  Subparagraph (ii) does not apply to the

addition of any of the following provisions of 35 Pa.C.S.

Ch. 74 Subch. C:

(A)  (Reserved).

(B)  (Reserved).

(5)  The addition of 35 Pa.C.S. Ch. 74 Subch. D is a

continuation of the act of June 18, 1941 (P.L.137, No.74),

entitled "An act providing for the appointment, powers and

control of members of volunteer fire companies as special

fire police, and conferring powers on them at fires attended

by their fire companies in any city, borough, town, township

or home rule municipality." The following apply:

(i)  Except as otherwise provided in 35 Pa.C.S. Ch.

74 Subch. D, all activities initiated under the act of

June 18, 1941 (P.L.137, No.74), shall continue and remain

in full force and effect and may be completed under 35

Pa.C.S. Ch. 74 Subch. D. Orders, regulations, rules and

decisions which were made under the act of June 18, 1941

(P.L.137, No.74), and which are in effect on the

effective date of section 3(2) of this act shall remain

in full force and effect until revoked, vacated or

modified under 35 Pa.C.S. Ch. 74 Subch. D.

(ii)  Except as set forth in subparagraph (iii), any

difference in language between 35 Pa.C.S. Ch. 74 Subch. D

and the act of June 18, 1941 (P.L.137, No.74), is

intended only to conform to the style of the Pennsylvania

Consolidated Statutes and is not intended to change or

affect the legislative intent, judicial construction or

administration and implementation of the act of June 18,

1941 (P.L.137, No.74).

(iii)  Subparagraph (ii) does not apply to the

addition of any of the following provisions of 35 Pa.C.S.

Ch. 74 Subch. D:

(A)  (Reserved).

(B)  (Reserved).

(6)  The addition of 35 Pa.C.S. Ch. 78 is a continuation

of the act of July 31, 2003 (P.L.73, No.17), known as the