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SENATE AMENDED
PRIOR PRINTER'S NOS. 2231, 2762
PRINTER'S NO. 4474
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, KORTZ, WARNER, DOWLING, WEBSTER, MULLINS, DELLOSO AND
TOMLINSON, JUNE 24, 2019
SENATOR REGAN, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, IN
SENATE, AS AMENDED, OCTOBER 6, 2020
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.
AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN COMMONWEALTH SERVICES, FURTHER
PROVIDING FOR SCOPE OF SUBCHAPTER, FOR LEGISLATIVE FINDINGS
AND DECLARATION OF PURPOSE, FOR DEFINITIONS, FOR ASSISTANCE
TO VOLUNTEER FIRE COMPANIES, AMBULANCE SERVICE AND RESCUE
SQUADS, FOR VOLUNTEER COMPANIES LOAN FUND, FOR POWERS AND
DUTIES OF OFFICE, FOR DISPOSITION AND USE OF PROCEEDS, FOR
VOLUNTEER COMPANY LOAN SINKING FUND AND INVESTMENTS, FOR
REPAYMENT OBLIGATIONS FOR PRINCIPAL AND INTEREST, FOR
TEMPORARY FINANCING AUTHORIZATION, FOR AUTHORIZATION OF
CONTRACTS, REIMBURSEMENT PROCEDURE AND AMOUNT AND FOR
REIMBURSEMENT PROCEDURE AND AMOUNT, PROVIDING FOR REFERENDUM
TO EXPAND LOAN ASSISTANCE AND FOR ANNUAL REPORT AND
DISTRIBUTION OF INFORMATION, FURTHER PROVIDING FOR
DEFINITIONS AND FOR STATE FIRE COMMISSIONER, PROVIDING FOR
CURRICULUM AND TRAINING AND FURTHER PROVIDING FOR
PENNSYLVANIA STATE FIRE ACADEMY, FOR PENNSYLVANIA VOLUNTEER
LOAN ASSISTANCE PROGRAM AND FOR FIRE SAFETY ADVISORY
COMMITTEE; IN VOLUNTEER FIREFIGHTERS, FURTHER PROVIDING FOR
DEFINITIONS, FOR STATEMENT OF PURPOSE, FOR FUNDS AND FOR
AUDITS AND PROVIDING FOR FIRE RELIEF FORMULA STUDY; IN GRANTS
TO FIRE COMPANIES AND EMERGENCY MEDICAL SERVICES COMPANIES,
FURTHER PROVIDING FOR DEFINITIONS, FOR ESTABLISHMENT, FOR
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PUBLICATION AND NOTICE, FOR AWARD OF GRANTS, FOR
CONSOLIDATION INCENTIVE, FOR ESTABLISHMENT, FOR PUBLICATION
AND NOTICE AND FOR AWARD OF GRANTS, PROVIDING FOR
CONSOLIDATION INCENTIVE, FURTHER PROVIDING FOR FIRE COMPANY
GRANT PROGRAM, FOR EMERGENCY MEDICAL SERVICES COMPANY GRANT
PROGRAM, FOR ADDITIONAL FUNDING, FOR ALLOCATION OF
APPROPRIATED FUNDS, FOR EXPIRATION OF AUTHORITY AND FOR
SPECIAL PROVISIONS AND PROVIDING FOR ANNUAL REPORTS; IN
INCENTIVES FOR MUNICIPAL VOLUNTEERS OF FIRE COMPANIES AND
NONPROFIT EMERGENCY MEDICAL SERVICES AGENCIES, FURTHER
PROVIDING FOR DEFINITIONS, FOR PROGRAM AUTHORIZATION, FOR
REAL PROPERTY TAX CREDIT AND FOR REJECTION AND APPEAL; AND
MAKING EDITORIAL CHANGES.
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
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
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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(a) and (f)(11) of Title 35 are
amended and subsection (f) is amended by adding paragraphs to
read:
§ 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
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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:
§ 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
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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
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.
SECTION 1. THE HEADING OF SUBCHAPTER E OF CHAPTER 73 OF
TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO
READ:
SUBCHAPTER E
[VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE
AND RESCUE SQUAD ASSISTANCE]
FIRE AND EMERGENCY MEDICAL SERVICES
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LOAN PROGRAM
SECTION 2. SECTIONS 7361 AND 7362(B) OF TITLE 35 ARE AMENDED
TO READ:
§ 7361. SCOPE OF SUBCHAPTER.
THIS SUBCHAPTER RELATES TO [VOLUNTEER FIRE COMPANY, AMBULANCE
SERVICE AND RESCUE SQUAD ASSISTANCE] FIRE COMPANIES AND
EMERGENCY MEDICAL SERVICES COMPANIES.
§ 7362. LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE.
* * *
(B) PURPOSE.--[IT IS THE PURPOSE OF THIS SUBCHAPTER TO
IMPLEMENT SECTION 5 OF THE ACT OF SEPTEMBER 25, 1975 (P.L.296,
NO.95), ENTITLED "AN ACT AUTHORIZING THE INDEBTEDNESS, WITH THE
APPROVAL OF THE ELECTORS, OF TEN MILLION DOLLARS FOR LOANS TO
VOLUNTEER FIRE COMPANIES, VOLUNTEER AMBULANCE SERVICES AND
VOLUNTEER RESCUE SQUADS FOR THE PURPOSE OF ESTABLISHING OR
MODERNIZING FACILITIES TO HOUSE FIRE FIGHTING APPARATUS
EQUIPMENT, AMBULANCES, AND RESCUE VEHICLES, AND FOR PURCHASING
NEW FIRE FIGHTING APPARATUS EQUIPMENT, AMBULANCES, AND RESCUE
VEHICLES, PROTECTIVE AND COMMUNICATIONS EQUIPMENT, AND ANY OTHER
ACCESSORY EQUIPMENT NECESSARY FOR THE PROPER PERFORMANCE OF SUCH
ORGANIZATIONS' DUTIES," SECTION 5 OF THE ACT OF JUNE 30, 1981
(P.L.138, NO.44), ENTITLED "AN ACT AUTHORIZING THE INDEBTEDNESS,
WITH THE APPROVAL OF THE ELECTORS, OF $15,000,000 FOR LOANS TO
VOLUNTEER FIRE COMPANIES, VOLUNTEER AMBULANCE SERVICES AND
VOLUNTEER RESCUE SQUADS FOR THE PURPOSE OF ESTABLISHING OR
MODERNIZING FACILITIES TO HOUSE FIREFIGHTING APPARATUS
EQUIPMENT, AMBULANCES, AND RESCUE VEHICLES, AND FOR PURCHASING
FIREFIGHTING APPARATUS EQUIPMENT, AMBULANCES, AND RESCUE
VEHICLES, PROTECTIVE AND COMMUNICATIONS EQUIPMENT, AND ANY OTHER
ACCESSORY EQUIPMENT NECESSARY FOR THE PROPER PERFORMANCE OF SUCH
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ORGANIZATIONS' DUTIES," AND SECTION 7378.1(5) (RELATING TO
REFERENDUM FOR ADDITIONAL INDEBTEDNESS), AS WELL AS TO IMPLEMENT
IN PART SECTION 31.3 OF THE ACT OF JUNE 29, 2002 (P.L.559,
NO.89), ENTITLED "AN ACT AMENDING THE ACT OF MARCH 4, 1971
(P.L.6, NO.2), ENTITLED 'AN ACT RELATING TO TAX REFORM AND STATE
TAXATION BY CODIFYING AND ENUMERATING CERTAIN SUBJECTS OF
TAXATION AND IMPOSING TAXES THEREON; PROVIDING PROCEDURES FOR
THE PAYMENT, COLLECTION, ADMINISTRATION AND ENFORCEMENT THEREOF;
PROVIDING FOR TAX CREDITS IN CERTAIN CASES; CONFERRING POWERS
AND IMPOSING DUTIES UPON THE DEPARTMENT OF REVENUE, CERTAIN
EMPLOYERS, FIDUCIARIES, INDIVIDUALS, PERSONS, CORPORATIONS AND
OTHER ENTITIES; PRESCRIBING CRIMES, OFFENSES AND PENALTIES,'
FURTHER PROVIDING, IN SALES AND USE TAX, FOR DEFINITIONS, FOR
IMPOSITION, FOR EXCLUSIONS, FOR LICENSES, FOR COLLECTION, FOR
BULK AND AUCTION SALES AND FOR CRIMES; PROVIDING, IN LOCAL TAX
SITUS, FOR SITUS OF MOBILE TELECOMMUNICATIONS SERVICES; FURTHER
PROVIDING, IN PERSONAL INCOME TAX, FOR DEFINITIONS, FOR CLASSES
OF INCOME, FOR SPECIAL TAX PROVISIONS FOR POVERTY, FOR
CONTRIBUTIONS, FOR BULK AND AUCTION SALES AND TRANSFERS; IN
CORPORATE NET INCOME TAX, FOR DEFINITIONS, FOR IMPOSITION AND
FOR INTEREST IN UNINCORPORATED ENTITIES; AND IN CAPITAL STOCK
AND FRANCHISE TAX, FOR DEFINITIONS, FOR IMPOSITION, FOR DEPOSIT
OF PROCEEDS, FOR INTEREST IN UNINCORPORATED ENTITIES AND FOR
APPLICABILITY AND EXPIRATION; ESTABLISHING REVENUE-NEUTRAL
RECONCILIATION IN UTILITIES GROSS RECEIPTS TAX; PROVIDING, IN
PUBLIC UTILITY REALTY TAX AND FOR SURCHARGE; FURTHER PROVIDING,
IN REALTY TRANSFER TAX, FOR FURNISHING STAMPS; IN CIGARETTE TAX,
FOR INCIDENCE AND RATE, FOR FLOOR TAX, FOR COMMISSIONS ON SALES
AND FOR DISPOSITION OF CERTAIN FUNDS; IN RESEARCH AND
DEVELOPMENT TAX CREDIT, FOR TIME LIMITATIONS AND FOR
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TERMINATION; IN INHERITANCE TAX, FOR DEFINITIONS, FOR TRANSFERS
NOT SUBJECT TO TAX AND FOR ESTATE TAX AND FOR ESTATE TAX
RETURNS; PROVIDING FOR IMMEDIATE ASSESSMENT, SETTLEMENT OR
COLLECTION AND FOR DEPRECIATION OF CERTAIN PROPERTY IN CITIES OF
THE FIRST CLASS; AND MAKING REPEALS," BY PROVIDING FOR LOANS TO
VOLUNTEER FIRE, AMBULANCE AND RESCUE COMPANIES TO PROTECT THE
LIVES AND PROPERTY OF THE CITIZENS OF THIS COMMONWEALTH PURSUANT
TO AND TO EXECUTE THE ABOVE FAVORABLE REFERENDA IN SUBSECTION
(A).] THE GENERAL ASSEMBLY HAS DETERMINED THAT [VOLUNTEER] FIRE
COMPANIES AND EMERGENCY MEDICAL SERVICES COMPANIES ARE MOST IN
NEED OF LOANS [AND THEREFORE INTENDS THAT, TO THE EXTENT
POSSIBLE, A SIGNIFICANT PORTION OF THE VOLUNTEER COMPANIES LOAN
FUND BE USED TO PROVIDE LOANS TO VOLUNTEER FIRE COMPANIES AND
THAT THE BALANCE BE ALLOCATED TO PROVIDE LOANS TO VOLUNTEER
AMBULANCE AND VOLUNTEER RESCUE COMPANIES]. THE GENERAL ASSEMBLY
INTENDS THAT THE LOANS PROVIDED UNDER THIS SUBCHAPTER BE USED TO
REPLACE OUTMODED OR UNSAFE EQUIPMENT AND BUILDINGS OF
[VOLUNTEER] FIRE COMPANIES AND [THAT THE LOANS BE PROVIDED TO
VOLUNTEER COMPANIES WHICH ARE EXPERIENCING A NEED FOR EQUIPMENT
OR FACILITIES] EMERGENCY MEDICAL SERVICES COMPANIES TO MEET AN
INCREASING DEMAND FOR A HIGHER LEVEL OF SERVICE IN THE
COMMUNITIES WHICH THEY SERVE.
SECTION 3. THE DEFINITION OF "VOLUNTEER COMPANIES LOAN FUND"
IN SECTION 7363 OF TITLE 35 IS AMENDED AND THE SECTION IS
AMENDED BY ADDING DEFINITIONS TO READ:
§ 7363. 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:
* * *
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"EMERGENCY MEDICAL SERVICES COMPANY" OR "EMS COMPANY." A
CAREER, NONPROFIT OR VOLUNTEER EMERGENCY MEDICAL SERVICES
COMPANY.
* * *
"FIRE COMPANY." A VOLUNTEER FIRE COMPANY.
"FUND." THE EMERGENCY SERVICES LOAN ASSISTANCE FUND
ESTABLISHED UNDER SECTION 7365 (RELATING TO EMERGENCY SERVICES
LOAN ASSISTANCE FUND).
"MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN
OR TOWNSHIP.
* * *
["VOLUNTEER COMPANIES LOAN FUND." THE FUND ESTABLISHED UNDER
SECTION 7365 (RELATING TO VOLUNTEER COMPANIES LOAN FUND).]
SECTION 4. SECTIONS 7364, 7365, 7366(A)(2) AND (3.1) AND (B)
(2), 7371, 7374, 7376, 7378(D), 7378.2 AND 7378.3 OF TITLE 35
ARE AMENDED TO READ:
§ 7364. ASSISTANCE TO [VOLUNTEER] FIRE COMPANIES[, AMBULANCE
SERVICE AND RESCUE SQUADS] AND EMS COMPANIES.
(A) GENERAL RULE.--THE OFFICE IS AUTHORIZED, UPON
APPLICATION OF ANY [VOLUNTEER] FIRE COMPANY[, VOLUNTEER
AMBULANCE SERVICE OR VOLUNTEER RESCUE SQUAD] OR EMS COMPANY, TO
MAKE LOANS FOR THE FOLLOWING PURPOSES:
(1) ESTABLISHING OR MODERNIZING FACILITIES THAT HOUSE
FIREFIGHTING EQUIPMENT, AMBULANCE OR RESCUE VEHICLES. THE
AMOUNT OF A LOAN FOR ESTABLISHING OR MODERNIZING FACILITIES
MADE TO ANY ONE [VOLUNTEER] FIRE COMPANY[, AMBULANCE SERVICE
OR RESCUE SQUAD] OR EMS COMPANY SHALL NOT EXCEED 50% OF THE
TOTAL COST OF THE FACILITIES OR MODERNIZATION OR [$400,000]
$450,000, WHICHEVER IS LESS, AND A NOTARIZED FINANCIAL
STATEMENT FILED UNDER SUBSECTION (C) SHALL SHOW THAT THE
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APPLICANT HAS AVAILABLE 20% OF THE TOTAL COST OF THE
FACILITIES IN UNOBLIGATED FUNDS. PROCEEDS OF THE LOAN SHALL
BE USED ONLY FOR PURPOSES OF STRUCTURE OR LAND ACQUISITION OR
RENOVATION OR CONSTRUCTION AND SHALL NOT BE USED FOR PAYMENT
OF FEES FOR DESIGN, PLANNING, PREPARATION OF APPLICATIONS OR
ANY OTHER COST NOT DIRECTLY ATTRIBUTABLE TO STRUCTURE OR LAND
ACQUISITION OR RENOVATION OR CONSTRUCTION.
(2) PURCHASING FIREFIGHTING APPARATUS, AMBULANCES OR
RESCUE VEHICLES. THE AMOUNT OF A LOAN MADE FOR PURCHASING
FIREFIGHTING APPARATUS TO ANY ONE [VOLUNTEER] FIRE COMPANY
SHALL NOT EXCEED [$200,000] $250,000 FOR ANY SINGLE
FIREFIGHTING APPARATUS EQUIPMENT OR UTILITY OR SPECIAL
SERVICE VEHICLE OR HEAVY DUTY RESCUE VEHICLE AS DEFINED BY
REGULATION OR GUIDELINE, OR 50% OF THE TOTAL COST OF THE
EQUIPMENT OR VEHICLE, WHICHEVER IS LESS, EXCEPT FOR LOANS FOR
AERIAL APPARATUS AS DEFINED BY REGULATION OR GUIDELINE, WHICH
SHALL NOT EXCEED [$300,000] $350,000. THE AMOUNT OF A LOAN
MADE TO ANY ONE [VOLUNTEER] FIRE COMPANY[, AMBULANCE SERVICE
OR RESCUE SQUAD] OR EMS COMPANY FOR ANY AMBULANCE OR LIGHT
DUTY RESCUE VEHICLE AS DEFINED BY REGULATION OR GUIDELINE
SHALL NOT EXCEED [$100,000] $125,000 AND FOR A WATERCRAFT
RESCUE VEHICLE SHALL NOT EXCEED [$30,000] $35,000 OR 50% OF
THE COST OF THE AMBULANCE OR RESCUE VEHICLE, WHICHEVER IS
LESS, AND A NOTARIZED FINANCIAL STATEMENT FILED UNDER
SUBSECTION (C) SHALL SHOW THAT THE APPLICANT HAS AVAILABLE
20% OF THE TOTAL COST OF THE VEHICLE IN UNOBLIGATED FUNDS.
(3) PURCHASING PROTECTIVE, ACCESSORY OR COMMUNICATION
EQUIPMENT. NO [VOLUNTEER] FIRE COMPANY[, AMBULANCE SERVICE OR
RESCUE SQUAD] OR EMS COMPANY SHALL RECEIVE A LOAN FOR
PROTECTIVE, ACCESSORY OR COMMUNICATIVE EQUIPMENT MORE THAN
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ONCE IN ANY FIVE-YEAR PERIOD. EACH [VOLUNTEER] FIRE COMPANY[,
AMBULANCE SERVICE OR RESCUE SQUAD] OR EMS COMPANY MAY APPLY
FOR A LOAN FOR A MOBILE AND PORTABLE RADIO UNIT FOR EACH
EXISTING SERVICEABLE APPARATUS EQUIPMENT, AMBULANCE OR RESCUE
VEHICLE. RADIO EQUIPMENT OBTAINED THROUGH LOANS UNDER THIS
SUBCHAPTER SHALL BE EQUIPPED WITH A FREQUENCY OR FREQUENCIES
LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION FOR
FIREFIGHTING OR EMERGENCY RESPONSE PURPOSES. A NOTARIZED
FINANCIAL STATEMENT SHALL BE FILED AND LOANS UNDER THIS
SUBCHAPTER FOR THE PURCHASE OF PROTECTIVE, ACCESSORY OR
COMMUNICATIVE EQUIPMENT SHALL NOT EXCEED [$20,000] $25,000.
(4) REFINANCING DEBT INCURRED OR CONTRACTS ENTERED INTO
AFTER NOVEMBER 4, 1975, AND USED FOR THE PURCHASE OF
APPARATUS EQUIPMENT OR FOR THE CONSTRUCTION OR MODERNIZATION
OF FACILITIES OR FOR MODIFICATION OF APPARATUS EQUIPMENT IN
ORDER TO COMPLY WITH NATIONAL FIRE PROTECTION ASSOCIATION
STANDARDS.
(5) REPAIR OR REHABILITATION OF APPARATUS EQUIPMENT.
WHERE IT HAS BEEN DETERMINED THAT EXISTING APPARATUS
EQUIPMENT NO LONGER MEETS THE STANDARDS OF THE NATIONAL FIRE
PROTECTION ASSOCIATION AND THE REPAIR OR REHABILITATION OF
SUCH EQUIPMENT WILL BRING IT IN COMPLIANCE WITH NATIONAL FIRE
PROTECTION ASSOCIATION STANDARDS, LOANS FOR THE REPAIR OR
REHABILITATION FOR A SINGLE APPARATUS EQUIPMENT SHALL BE FOR
AT LEAST [$2,000] $3,000 BUT SHALL NOT EXCEED THE LESSER OF
[$70,000] $80,000 OR 80% OF THE TOTAL COST OF REPAIR OR
REHABILITATION.
(6) PURCHASING OF USED FIREFIGHTING APPARATUS,
EQUIPMENT, USED AMBULANCES, USED RESCUE VEHICLES, USED
COMMUNICATIONS EQUIPMENT, USED ACCESSORY EQUIPMENT OR USED
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PROTECTIVE EQUIPMENT, EXCEPT THAT THE USED VEHICLES AND
EQUIPMENT SHALL MEET THE NATIONAL FIRE PROTECTION ASSOCIATION
(NFPA) STANDARDS AND LOANS FOR THE PURCHASE OF A USED SINGLE
APPARATUS EQUIPMENT SHALL NOT EXCEED [$120,000] $200,000 OR
80% OF THE TOTAL COST OF THE EQUIPMENT, WHICHEVER IS LESS.
[(7) PURCHASING PENNSYLVANIA FIRE INFORMATION REPORTING
SYSTEM (PENNFIRS) HARDWARE AND SOFTWARE. A VOLUNTEER FIRE
COMPANY SHALL BE ELIGIBLE TO APPLY ONE TIME ONLY FOR A LOAN
OF NOT MORE THAN $4,000 OR 75% OF THE COST OF SUCH
ACQUISITION, WHICHEVER IS LESS, AND WITH A TERM NOT EXCEEDING
FIVE YEARS FOR THE PURPOSE OF ACQUIRING THE HARDWARE AND
SOFTWARE NECESSARY TO PARTICIPATE IN THE PENNSYLVANIA FIRE
INFORMATION REPORTING SYSTEM. THE OFFICE SHALL DEVELOP, AT
ITS DISCRETION, SUCH PROCEDURES AND FORMS AS IT MAY DEEM
NECESSARY TO FACILITATE LOANS FOR PENNFIRS HARDWARE AND
SOFTWARE. THE LOANS SHALL BE SECURED AS REQUIRED BY LAW.]
(A.1) LIMITATION.--LOANS UNDER THIS SUBCHAPTER MAY BE MADE
FOR ANY OF THE PURPOSES OF SUBSECTION (A) UNDERTAKEN BY A
[VOLUNTEER] FIRE COMPANY[, VOLUNTEER AMBULANCE SERVICE AND
VOLUNTEER RESCUE SQUAD] OR EMS COMPANY ON OR AFTER NOVEMBER 4,
1975.
(B) LOANS.--LOANS MADE BY THE OFFICE IN THE AMOUNT OF
[$30,000] $50,000 OR LESS SHALL BE FOR A PERIOD OF NOT MORE THAN
TEN YEARS. LOANS IN EXCESS OF [$30,000] $50,000 BUT NOT IN
EXCESS OF [$100,000] $300,000 SHALL BE FOR A PERIOD OF NOT MORE
THAN 15 YEARS. THE PAYBACK PERIOD OF ANY LOAN IN EXCESS OF
[$100,000, EXCEPT A LOAN FOR ESTABLISHING OR MODERNIZING
FACILITIES,] $300,000 SHALL NOT EXCEED 20 YEARS. [THE PAYBACK
PERIOD FOR ANY LOAN IN EXCESS OF $200,000 FOR ESTABLISHING OR
MODERNIZING FACILITIES SHALL NOT EXCEED 20 YEARS.] LOANS SHALL
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BE SUBJECT TO THE PAYMENT OF INTEREST AT 2% PER YEAR AND SHALL
BE SUBJECT TO SUCH SECURITY AS SHALL BE DETERMINED BY THE
COMMISSIONER. THE TOTAL AMOUNT OF INTEREST EARNED BY THE
INVESTMENT OR REINVESTMENT OF ALL OR ANY PART OF THE PRINCIPAL
OF ANY LOAN SHALL BE RETURNED TO THE OFFICE AND TRANSFERRED TO
THE [VOLUNTEER COMPANIES LOAN FUND] EMERGENCY SERVICES LOAN
ASSISTANCE FUND AND SHALL NOT BE CREDITED AS PAYMENT OF
PRINCIPAL OR INTEREST ON THE LOAN. EXCEPT AS PROVIDED IN
SUBSECTION (A)(5) AND (7), THE MINIMUM AMOUNT OF ANY LOAN SHALL
BE [$10,000] $25,000.
(B.1) INFLATION ADJUSTMENT.-- BEGINNING ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION AND BIANNUALLY THEREAFTER, ALL
LOAN LIMITS UNDER THIS SECTION SHALL INCREASE AT THE RATE OF
INFLATION AS OUTLINED IN THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS FOR THE PHILADELPHIA-CAMDEN-WILMINGTON, PA-NJ-DE-MD
AREA FOR THE MOST RECENT 12-MONTH PERIOD FOR WHICH THE FIGURES
HAVE BEEN REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR,
BUREAU OF LABOR STATISTICS. IF THE RATE OF INFLATION DOES NOT
INCREASE, ALL LOAN LIMITS SHALL REMAIN THE SAME AS THEY WERE FOR
THE PREVIOUS YEAR. THE OFFICE SHALL TRANSMIT NOTICE OF LOAN
LIMIT INCREASES TO THE LEGISLATIVE REFERENCE BUREAU FOR
PUBLICATION IN THE PENNSYLVANIA BULLETIN.
(C) APPLICATIONS.--EVERY APPLICATION FOR A LOAN SHALL BE
ACCOMPANIED BY A NOTARIZED FINANCIAL STATEMENT OF THE
[VOLUNTEER] FIRE COMPANY[, AMBULANCE SERVICE OR RESCUE SQUAD] OR
EMS COMPANY AND A FINANCIAL PLAN TO SHOW THE AMOUNT OF ASSETS
AND PROJECTED REVENUES FOR THE REPAYMENT OF THE LOAN, ANY OTHER
OBLIGATIONS OF THE [VOLUNTEER] FIRE COMPANY OR EMS COMPANY AND
OPERATING EXPENSES OVER THE PERIOD OF THE LOAN. EVERY
APPLICATION SHALL BE ACCOMPANIED BY EVIDENCE SUFFICIENT TO SHOW
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THAT ALL COSTS EXCEPT THE AMOUNT OF THE LOAN HAVE BEEN OBTAINED
BY ASSETS OF THE [VOLUNTEER] FIRE COMPANY OR EMS COMPANY AND
OTHER LOANS OR SOURCES OF REVENUE. IF A [VOLUNTEER] FIRE
COMPANY[, AMBULANCE SERVICE OR RESCUE SQUAD] OR EMS COMPANY IS
UNABLE TO MEET THE 20% REQUIREMENT OF SUBSECTION (A), THEN A
POLITICAL SUBDIVISION WHICH IS SERVED BY THE [VOLUNTEER] FIRE
COMPANY OR EMS COMPANY MAY PLEDGE ITS CREDIT IN THE AMOUNT OF
FUNDS NECESSARY TO SATISFY THE 20% REQUIREMENT AND, IF IT DOES
SO, SHALL COSIGN THE APPLICATION SUBMITTED BY THE [VOLUNTEER]
FIRE COMPANY OR EMS COMPANY.
(C.1) APPLICATION REVIEW COMMITTEE.--THE OFFICE SHALL
ESTABLISH AN APPLICATION REVIEW COMMITTEE TO REVIEW LOAN
APPLICATIONS AND RECOMMENDATIONS ON LOAN APPLICATIONS UNDER THIS
SECTION. THE APPLICATION REVIEW COMMITTEE SHALL REGULARLY MEET
AT LEAST QUARTERLY TO REVIEW LOAN APPLICATIONS AND MAKE
RECOMMENDATIONS ON LOAN APPLICATIONS TO THE OFFICE. THE
APPLICATION REVIEW COMMITTEE SHALL BE CHAIRED BY THE
COMMISSIONER OR THE COMMISSIONER'S DESIGNEE AND INCLUDE THE
FOLLOWING MEMBERS:
(1) THE CHAIR OF THE VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS COMMITTEE OF THE SENATE OR THE CHAIR'S DESIGNEE.
(2) THE MINORITY CHAIR OF THE VETERANS AFFAIRS AND
EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE OR THE
MINORITY CHAIR'S DESIGNEE.
(3) THE CHAIR OF THE VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR
THE CHAIR'S DESIGNEE.
(4) THE MINORITY CHAIR OF THE VETERANS AFFAIRS AND
EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES OR THE MINORITY CHAIR'S DESIGNEE.
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(5) THE DIRECTOR OF THE BUREAU OF EMERGENCY SERVICES IN
THE DEPARTMENT OF HEALTH OR THE DIRECTOR'S DESIGNEE.
(6) A REPRESENTATIVE OF THE PENNSYLVANIA FIRE AND
EMERGENCY SERVICES INSTITUTE.
(7) A REPRESENTATIVE OF THE FIREMEN'S ASSOCIATION OF THE
STATE OF PENNSYLVANIA.
(8) A REPRESENTATIVE OF THE AMBULANCE ASSOCIATION OF
PENNSYLVANIA.
(9) A REPRESENTATIVE OF THE PENNSYLVANIA EMERGENCY
HEALTH SERVICES COUNCIL.
(D) USE.--LOANS SHALL BE USED FOR THE ACQUISITION BY
[VOLUNTEER] FIRE COMPANIES OR EMS COMPANIES OF NEW OR USED
APPARATUS EQUIPMENT, NEW OR USED AMBULANCES, NEW OR USED RESCUE
VEHICLES, NEW OR USED COMMUNICATIONS EQUIPMENT, NEW OR USED
ACCESSORY EQUIPMENT OR NEW OR USED PROTECTIVE EQUIPMENT OR FOR
THE ACQUISITION AND RENOVATION OF EXISTING STRUCTURES TO HOUSE
FIREFIGHTING EQUIPMENT, AMBULANCE OR RESCUE VEHICLES OR FOR THE
CONSTRUCTION OR MODERNIZATION OF FACILITIES AND, EXCEPT AS
PROVIDED IN SUBSECTION (A)(4), SHALL NOT BE USED FOR OPERATING
EXPENSES OR FOR THE REFINANCING OF RENOVATED STRUCTURES,
REFINANCING OF CONSTRUCTION OR MODERNIZATION OF FACILITIES,
APPARATUS EQUIPMENT, COMMUNICATION EQUIPMENT, ACCESSORY
EQUIPMENT, NOR, EXCEPT AS PROVIDED IN SUBSECTION (A)(4), SHALL
BE MADE OR USED TO REDUCE ANY DEBT OR OTHER OBLIGATIONS ISSUED
PRIOR TO THE EFFECTIVE DATE OF THIS SUBCHAPTER.
(E) PAYMENT.--LOANS MADE BY THE OFFICE SHALL BE PAID FROM
THE [VOLUNTEER COMPANIES LOAN FUND] FUND TO THE [VOLUNTEER] FIRE
COMPANIES[, AMBULANCE SERVICES AND RESCUE SQUADS] AND EMS
COMPANIES IN ACCORDANCE WITH GUIDELINES AND PROCEDURES DEVELOPED
BY THE OFFICE.
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(F) DEPOSIT.--ALL PAYMENTS OF INTEREST ON THE LOANS AND THE
PRINCIPAL THEREOF SHALL BE DEPOSITED BY THE OFFICE IN THE
[VOLUNTEER COMPANIES LOAN FUND] FUND.
(G) ELIGIBILITY.--A [VOLUNTEER] FIRE COMPANY[, AMBULANCE
SERVICE AND RESCUE SQUAD] OR EMS COMPANY SHALL BE ELIGIBLE FOR A
LOAN REGARDLESS OF LEGAL OWNERSHIP IN WHOLE OR IN PART BY ANY
POLITICAL SUBDIVISION OF ANY FACILITIES OR APPARATUS EQUIPMENT
USED BY THE [VOLUNTEER] FIRE COMPANY[, VOLUNTEER AMBULANCE AND
VOLUNTEER RESCUE SQUAD] OR EMS COMPANY. ANY EQUIPMENT OR
FACILITIES FINANCED MAY BE TRANSFERRED TO A POLITICAL
SUBDIVISION SERVED BY THE [VOLUNTEER] FIRE COMPANY[, VOLUNTEER
AMBULANCE SERVICE OR VOLUNTEER RESCUE SQUAD] OR EMS COMPANY
SUBJECT TO SUCH SECURITY AS SHALL BE DETERMINED BY THE
COMMISSIONER.
(H) MAXIMUM AMOUNT.--NOTWITHSTANDING ANY OTHER PROVISION OF
THIS SECTION TO THE CONTRARY, THE MAXIMUM AMOUNT OF ANY LOAN TO
A [VOLUNTEER] FIRE COMPANY[, VOLUNTEER AMBULANCE SERVICE AND
VOLUNTEER RESCUE SQUAD] OR EMS COMPANY FOR THE PURCHASE OF
FIREFIGHTING APPARATUS, AMBULANCES OR RESCUE VEHICLES
MANUFACTURED OR ASSEMBLED IN THIS COMMONWEALTH, MAY EXCEED THE
LOAN LIMITS SET FORTH IN THIS SECTION BY $20,000.
(I) AGGREGATION OF LOANS.--
(1) SUBJECT TO PARAGRAPH (2), A FIRE COMPANY[, VOLUNTEER
RESCUE SERVICE OR VOLUNTEER AMBULANCE SERVICE] OR EMS COMPANY
SHALL NOT BE ELIGIBLE FOR MORE THAN THREE LOANS AT ONE TIME.
(2) IF MORE THAN ONE FIRE COMPANY[, VOLUNTEER RESCUE
SERVICE OR VOLUNTEER AMBULANCE SERVICE] OR EMS COMPANY MERGE
OR CONSOLIDATE INTO A SINGLE ENTITY, AS DETERMINED BY THE
COMMISSIONER, THE ENTITY SHALL BE ELIGIBLE FOR NOT MORE THAN
TEN LOANS AT ONE TIME FOR A PERIOD OF TEN YEARS FROM THE DATE
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OF THE MERGER OR CONSOLIDATION.
§ 7365. [VOLUNTEER COMPANIES LOAN FUND] EMERGENCY SERVICES LOAN
ASSISTANCE FUND.
(A) GENERAL RULE.--THERE IS CREATED A SPECIAL FUND IN THE
TREASURY DEPARTMENT TO BE KNOWN AS THE [VOLUNTEER COMPANIES LOAN
FUND] EMERGENCY SERVICES LOAN ASSISTANCE FUND TO WHICH SHALL BE
CREDITED ALL APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY OTHER
THAN APPROPRIATIONS FOR EXPENSES OF ADMINISTERING THIS
SUBCHAPTER OR GRANTS FROM OTHER SOURCES TO THE OFFICE AS WELL AS
REPAYMENT OF PRINCIPAL AND INTEREST ON LOANS MADE UNDER THIS
SUBCHAPTER.
(B) REQUISITION.--UPON APPROVAL OF THE LOAN, THE
COMMISSIONER SHALL ROUTINELY REQUISITION FROM THE [VOLUNTEER
COMPANIES LOAN FUND] FUND SUCH AMOUNTS AS SHALL BE ALLOCATED BY
THE OFFICE FOR LOANS TO [VOLUNTEER] FIRE COMPANIES OR EMS
COMPANIES. WHEN AND AS THE AMOUNTS SO ALLOCATED AS LOANS TO
[VOLUNTEER] FIRE COMPANIES OR EMS COMPANIES ARE REPAID PURSUANT
TO THE TERMS OF THE AGREEMENTS MADE AND ENTERED INTO WITH THE
OFFICE, THE OFFICE SHALL PAY SUCH AMOUNTS INTO THE [VOLUNTEER
COMPANIES LOAN FUND] FUND, IT BEING THE INTENT OF THIS
SUBCHAPTER THAT THE [VOLUNTEER COMPANIES LOAN FUND] FUND SHALL
OPERATE AS A REVOLVING FUND WHEREBY ALL APPROPRIATIONS AND
PAYMENTS MADE THERETO MAY BE APPLIED AND REAPPLIED TO THE
PURPOSES OF THIS SUBCHAPTER.
(C) ADMINISTRATION.--[EACH FISCAL YEAR, THE STATE FIRE
COMMISSIONER MAY USE AN AMOUNT UP TO $250,000 FROM THE VOLUNTEER
COMPANIES LOAN FUND FOR THE ADMINISTRATIVE COST OF IMPLEMENTING
THE LOAN PROGRAM UNDER THIS SUBCHAPTER.] THE COMMISSIONER MAY
USE UP TO THE 2% IN INTEREST PAYMENTS FOR ADMINISTRATIVE COSTS
ON AN ANNUAL BASIS.
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§ 7366. POWERS AND DUTIES OF OFFICE.
(A) MANDATORY.--THE OFFICE HAS THE FOLLOWING DUTIES:
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(2) TO ACCEPT GRANTS FROM THE FEDERAL GOVERNMENT AND ANY
OTHER INDIVIDUAL, AGENCY OR GOVERNMENT FOR USE IN THE
[VOLUNTEER COMPANIES LOAN FUND] FUND.
* * *
(3.1) TO ESTABLISH CRITERIA TO DETERMINE NEED FOR
FIREFIGHTING APPARATUS, AMBULANCES AND RESCUE VEHICLES AND TO
ESTABLISH GUIDELINES AND PROCEDURES FOR [VOLUNTEER] FIRE
COMPANIES OR EMS COMPANIES TO SHOW JUST CAUSE TO DETERMINE
THAT NEED.
* * *
(B) DISCRETIONARY.--THE OFFICE HAS THE FOLLOWING POWERS:
* * *
(2) TO SPECIFY PRIORITY OF LIENS AGAINST ANY FACILITIES,
APPARATUS EQUIPMENT, AMBULANCES, RESCUE VEHICLES OR ANY
EQUIPMENT PURCHASED BY [VOLUNTEER] FIRE COMPANIES USING FUNDS
LOANED UNDER THIS SUBCHAPTER TO PAY ALL OR ANY PART OF THE
PURCHASE PRICE, AS THE OFFICE MAY REQUIRE BY ESTABLISHED
GUIDELINES AND PROCEDURES. THE COMMISSIONER MAY SPECIFY THE
TYPE OF LIENS OR COLLATERAL AUTHORIZED AS SECURITY UNDER THIS
PARAGRAPH.
* * *
§ 7371. DISPOSITION AND USE OF PROCEEDS.
(A) GENERAL RULE.--THE PROCEEDS REALIZED FROM THE SALE OF
BONDS UNDER THIS SUBCHAPTER SHALL BE PAID INTO THE [VOLUNTEER
COMPANIES LOAN FUND] FUND AND ARE SPECIFICALLY DEDICATED TO THE
PURPOSES OF THE REFERENDA OF NOVEMBER 4, 1975, NOVEMBER 3, 1981,
NOVEMBER 6, 1990, AND NOVEMBER 5, 2002, AND THE REFERENDUM
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SPECIFIED UNDER SECTION 7378.4 (RELATING TO REFERENDUM TO EXPAND
LOAN ASSISTANCE), AS IMPLEMENTED BY THIS SUBCHAPTER. THE MONEYS
SHALL BE PAID BY THE STATE TREASURER PERIODICALLY TO THOSE
AGENCIES OR AUTHORITIES AUTHORIZED TO EXPEND THE MONEYS AT SUCH
TIMES AND IN SUCH AMOUNTS AS MAY BE NECESSARY TO SATISFY THE
FUNDING NEEDS OF THE AGENCY OR AUTHORITY.
(B) INVESTING.--PENDING THEIR APPLICATION TO THE PURPOSES
AUTHORIZED, MONEYS HELD OR DEPOSITED BY THE STATE TREASURER MAY
BE INVESTED OR REINVESTED AS ARE OTHER FUNDS IN THE CUSTODY OF
THE STATE TREASURER IN THE MANNER PROVIDED BY LAW. ALL EARNINGS
RECEIVED FROM THE INVESTMENT OR DEPOSIT OF SUCH FUNDS SHALL BE
PAID INTO THE STATE TREASURY TO THE CREDIT OF THE [VOLUNTEER
COMPANIES LOAN FUND] FUND.
§ 7374. [VOLUNTEER COMPANY LOAN SINKING FUND] EMERGENCY
SERVICES LOAN ASSISTANCE SINKING FUND AND
INVESTMENTS.
ALL BONDS ISSUED UNDER THIS SUBCHAPTER SHALL BE REDEEMED AT
MATURITY AND ALL INTEREST DUE FROM TIME TO TIME ON SUCH BONDS
SHALL BE PAID FROM THE [VOLUNTEER COMPANY LOAN SINKING FUND]
EMERGENCY SERVICES LOAN ASSISTANCE SINKING FUND, WHICH IS HEREBY
CREATED. FOR THE SPECIFIC PURPOSE OF REDEEMING BONDS ISSUED
UNDER THIS SUBCHAPTER AT MATURITY AND PAYING ALL INTEREST
THEREON IN ACCORDANCE WITH THE INFORMATION RECEIVED FROM THE
GOVERNOR, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEYS TO THE
[VOLUNTEER COMPANY LOAN SINKING FUND] EMERGENCY SERVICES LOAN
ASSISTANCE SINKING FUND FOR THE PAYMENT OF INTEREST ON SUCH
BONDS AND THE PRINCIPAL THEREOF AT MATURITY. ALL MONEYS PAID
INTO THE [VOLUNTEER COMPANY LOAN SINKING FUND] EMERGENCY
SERVICES LOAN ASSISTANCE SINKING FUND AND ALL OF SUCH MONEYS NOT
NECESSARY TO PAY ACCRUING INTEREST SHALL BE INVESTED BY THE
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BOARD OF FINANCE AND REVENUE IN SUCH SECURITIES AS ARE PROVIDED
BY LAW FOR THE INVESTMENT OF THE SINKING FUNDS OF THE
COMMONWEALTH.
§ 7376. REPAYMENT OBLIGATIONS FOR PRINCIPAL AND INTEREST.
THE GENERAL ASSEMBLY SHALL APPROPRIATE AN AMOUNT EQUAL TO
MONEYS RECEIVED FROM THE OFFICE UNDER SECTION 7365 (RELATING TO
[VOLUNTEER COMPANIES LOAN FUND] EMERGENCY SERVICES LOAN
ASSISTANCE FUND) AND SUCH OTHER MONEYS AS MAY BE NECESSARY TO
MEET REPAYMENT OBLIGATIONS FOR PRINCIPAL AND INTEREST INTO THE
[VOLUNTEER COMPANY LOAN SINKING FUND] EMERGENCY SERVICES LOAN
ASSISTANCE SINKING FUND.
§ 7378. TEMPORARY FINANCING AUTHORIZATION.
* * *
(D) PROCEEDS.--THE PROCEEDS OF ALL SUCH TEMPORARY BORROWINGS
SHALL BE PAID INTO THE [VOLUNTEER COMPANIES LOAN FUND] FUND.
§ 7378.2. AUTHORIZATION OF CONTRACTS, REIMBURSEMENT PROCEDURE
AND AMOUNT.
THE FOLLOWING SHALL APPLY:
(1) THE SECRETARY OF GENERAL SERVICES IS AUTHORIZED TO
ENTER INTO CONTRACTS WITH LOCAL [VOLUNTEER FIRE, AMBULANCE
AND RESCUE COMPANIES] FIRE COMPANIES OR EMERGENCY MEDICAL
SERVICES COMPANIES TO PROVIDE SERVICES NECESSARY TO
EXTINGUISH FIRES OR PERFORM ANY OTHER ALLIED SERVICES ON
STATE-OWNED PROPERTY.
(2) THE SECRETARY OF TRANSPORTATION IS AUTHORIZED TO
ENTER INTO CONTRACTS WITH LOCAL [VOLUNTEER] FIRE[, AMBULANCE
AND RESCUE] COMPANIES OR EMERGENCY MEDICAL SERVICES COMPANIES
TO PROVIDE SERVICES NECESSARY TO EXTINGUISH FIRES OR PERFORM
ANY OTHER ALLIED SERVICES ON LIMITED ACCESS HIGHWAYS, OTHER
THAN THE PENNSYLVANIA TURNPIKE.
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§ 7378.3. REIMBURSEMENT PROCEDURE AND AMOUNT.
THE FOLLOWING SHALL APPLY:
(1) A CONTRACT BETWEEN THE SECRETARY OF GENERAL SERVICES
OR THE SECRETARY OF TRANSPORTATION AND A LOCAL [VOLUNTEER]
FIRE[, AMBULANCE AND RESCUE] COMPANY OR EMERGENCY MEDICAL
SERVICES COMPANY SHALL PROVIDE THAT THE DEPARTMENT OF GENERAL
SERVICES OR THE DEPARTMENT OF TRANSPORTATION SHALL, MONTHLY,
UPON RECEIPT OF PROPER PROOF, REIMBURSE EACH CONTRACTED
[VOLUNTEER] FIRE[, AMBULANCE AND RESCUE] COMPANY OR EMERGENCY
MEDICAL SERVICES COMPANY ATTENDING AND PROVIDING FIRE CONTROL
OR OTHER ALLIED SERVICES ON STATE-OWNED PROPERTY OR LIMITED
ACCESS HIGHWAYS, AS THE CASE MAY BE, A MINIMUM AMOUNT OF $50
FOR EACH VERIFIED FIRE OR EMERGENCY CALL AND THE COST OF ANY
SPECIAL EXTINGUISHING AGENTS UTILIZED, WHICH THE [VOLUNTEER]
FIRE[, AMBULANCE AND RESCUE] COMPANY OR EMERGENCY MEDICAL
SERVICES COMPANY MADE IN THE PRECEDING MONTH AS CERTIFIED BY
THE PERSON IN CHARGE AT THE PARTICULAR STATE-OWNED PROPERTY
OR BY AN INDIVIDUAL OR INDIVIDUALS DESIGNATED BY THE
SECRETARY OF TRANSPORTATION TO VERIFY SERVICES RENDERED ON
LIMITED ACCESS HIGHWAYS.
(2) A CONTRACT BETWEEN THE DEPARTMENT OF GENERAL
SERVICES OR THE DEPARTMENT OF TRANSPORTATION AND [A LOCAL
VOLUNTEER AMBULANCE OR RESCUE] AN EMERGENCY MEDICAL SERVICES
COMPANY SHALL ALSO PROVIDE THAT THE AMBULANCE OR RESCUE
COMPANY REQUEST REIMBURSEMENT FROM COLLECTIBLE INSURANCE
PROCEEDS AVAILABLE AS A RESULT OF THE FIRE OR EMERGENCY
SITUATION FOR WHICH THE [AMBULANCE OR RESCUE] EMERGENCY
MEDICAL SERVICES COMPANY PROVIDED ALLIED SERVICES. PROCEEDS
PAYABLE TO THE [AMBULANCE OR RESCUE] EMERGENCY MEDICAL
SERVICES COMPANY SHALL BE DEDUCTED FROM THE REIMBURSEMENT FOR
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SERVICES PROVIDED PURSUANT TO A CONTRACT ENTERED INTO UNDER
THIS SUBCHAPTER. PRIOR TO PAYMENT FOR SERVICES RENDERED, THE
[LOCAL VOLUNTEER AMBULANCE OR RESCUE] EMERGENCY MEDICAL
SERVICES COMPANY SHALL PROVIDE PROOF THAT THEY REQUESTED
REIMBURSEMENT FROM COLLECTIBLE INSURANCE PROCEEDS.
(3) A FALSE ALARM ON STATE-OWNED PROPERTY TO WHICH A
[VOLUNTEER] FIRE[, AMBULANCE OR RESCUE] COMPANY OR EMERGENCY
MEDICAL SERVICES COMPANY RESPONDS SHALL CONSTITUTE A FIRE OR
EMERGENCY CALL AND SHALL BE REIMBURSED AT A RATE SET BY THE
CONTRACT WITH THE SECRETARY OF GENERAL SERVICES, BUT SHALL
NOT BE LESS THAN $25 FOR EACH OCCURRENCE.
SECTION 5. TITLE 35 IS AMENDED BY ADDING SECTIONS TO READ:
§ 7378.4. REFERENDUM TO EXPAND LOAN ASSISTANCE.
(A) REFERENDUM.--THE QUESTION OF EXPANDING THE USE OF THE
INDEBTEDNESS AUTHORIZED UNDER SECTIONS 7367 (RELATING TO
AUTHORITY TO BORROW) AND 7378.1 (RELATING TO REFERENDUM FOR
ADDITIONAL INDEBTEDNESS) FOR VOLUNTEER LOAN ASSISTANCE UNDER
THIS SUBCHAPTER TO INCLUDE MUNICIPAL FIRE DEPARTMENTS OR FIRE
COMPANIES AND EMERGENCY MEDICAL SERVICES COMPANIES FOR THE
PURPOSE OF ESTABLISHING AND MODERNIZING FACILITIES TO HOUSE
APPARATUS EQUIPMENT, AMBULANCES AND RESCUE VEHICLES, PROTECTIVE
AND COMMUNICATIONS EQUIPMENT AND ANY OTHER ACCESSORY EQUIPMENT
NECESSARY FOR THE PROPER PERFORMANCE OF SUCH ORGANIZATIONS'
DUTIES, SHALL BE SUBMITTED TO THE ELECTORATE AT THE NEXT
PRIMARY, MUNICIPAL OR GENERAL ELECTION HELD AFTER NOVEMBER 3,
2020.
(B) CERTIFICATION.--THE SECRETARY OF THE COMMONWEALTH SHALL
CERTIFY THE QUESTION TO THE COUNTY BOARDS OF ELECTION.
(C) QUESTION TO THE ELECTORATE.--THE QUESTION SHALL BE IN
SUBSTANTIALLY THE FOLLOWING FORM:
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DO YOU FAVOR EXPANDING THE USE OF THE INDEBTEDNESS
AUTHORIZED UNDER THE REFERENDUM FOR LOANS TO VOLUNTEER
FIRE COMPANIES, VOLUNTEER AMBULANCE SERVICES AND
VOLUNTEER RESCUE SQUADS UNDER 35 PA.C.S. § 7378.1
(RELATING TO REFERENDUM FOR ADDITIONAL INDEBTEDNESS) TO
INCLUDE LOANS TO MUNICIPAL FIRE DEPARTMENTS OR COMPANIES
THAT PROVIDE SERVICES THROUGH PAID PERSONNEL AND
EMERGENCY MEDICAL SERVICES COMPANIES FOR THE PURPOSE OF
ESTABLISHING AND MODERNIZING FACILITIES TO HOUSE
APPARATUS EQUIPMENT, AMBULANCES AND RESCUE VEHICLES,
PROTECTIVE AND COMMUNICATIONS EQUIPMENT AND ANY OTHER
ACCESSORY EQUIPMENT NECESSARY FOR THE PROPER PERFORMANCE
OF THE DUTIES OF THE FIRE COMPANIES AND EMERGENCY MEDICAL
SERVICES COMPANIES?
(D) ELECTION PROCEDURE.--THE REFERENDUM UNDER THIS SECTION
SHALL BE CONDUCTED IN ACCORDANCE WITH THE ACT OF JUNE 3, 1937
(P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE.
(E) CONSTRUCTION.--THIS SECTION SHALL NOT BE CONSTRUED AS
AUTHORIZING ANY ADDITIONAL BORROWING FOR LOAN ASSISTANCE TO FIRE
COMPANIES OR EMERGENCY MEDICAL SERVICES COMPANIES.
§ 7378.5. ANNUAL REPORT AND DISTRIBUTION OF INFORMATION.
(A) ANNUAL REPORT.--
(1) THE OFFICE SHALL PRODUCE AN ANNUAL REPORT, WHICH
SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
(I) HOW MUCH MONEY IS IN THE FUND AT THE BEGINNING
OF EACH FISCAL YEAR AND THE BALANCE IN THE FUND AT THE
END OF EACH FISCAL YEAR.
(II) HOW MANY LOAN APPLICATIONS WERE RECEIVED BY THE
OFFICE.
(III) HOW MANY LOANS WERE ISSUED UNDER THE
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PENNSYLVANIA FIRE AND EMERGENCY MEDICAL SERVICES LOAN
ASSISTANCE PROGRAM.
(IV) THE FIRE COMPANIES AND EMS COMPANIES TO WHICH
THE LOANS WERE ISSUED BY THE OFFICE.
(V) THE TOTAL AMOUNT OF LOANS ISSUED BY THE OFFICE.
(VI) THE NUMBER AND AMOUNT OF LOANS FOR FACILITIES,
APPARATUS AND EQUIPMENT.
(2) THE REPORT SHALL BE POSTED ON THE OFFICE'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE AND SENT TO ALL OF THE FOLLOWING:
(I) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE.
(II) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES.
(B) DISTRIBUTION.--THE OFFICE SHALL ANNUALLY DISTRIBUTE
INFORMATION ON THE FUND TO ALL FIRE COMPANIES AND EMERGENCY
MEDICAL SERVICES COMPANIES IN THIS COMMONWEALTH, INCLUDING
NOTICE OF THE PENNSYLVANIA FIRE AND EMERGENCY MEDICAL SERVICES
LOAN ASSISTANCE PROGRAM AND THE AMOUNTS THAT CAN BE BORROWED
UNDER THE PROGRAM.
SECTION 6. SECTIONS 7382 AND 7383 OF TITLE 35 ARE AMENDED TO
READ:
§ 7382. 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:
"AGENCY." THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
"BOARD." THE STATE FIRE ADVISORY BOARD.
"COMMISSIONER." THE STATE FIRE COMMISSIONER.
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["COMMITTEE." THE FIRE SAFETY ADVISORY COMMITTEE.]
§ 7383. STATE FIRE COMMISSIONER.
(A) STATE FIRE COMMISSIONER.--THERE SHALL BE A STATE FIRE
COMMISSIONER, WHO[, THROUGH THE LIEUTENANT GOVERNOR,] SHALL
REPORT TO THE GOVERNOR ON ALL MATTERS CONCERNING FIRE [SAFETY]
SERVICES IN THIS COMMONWEALTH. THE OFFICE OF THE STATE FIRE
COMMISSIONER SHALL BE WITHIN THE AGENCY FOR ADMINISTRATIVE
PURPOSES ONLY, AND THE COMMISSIONER SHALL NOT REPORT TO THE
DIRECTOR OF THE AGENCY. THE COMMISSIONER SHALL HAVE THE POWER
AND DUTY TO:
[(1) COORDINATE THE ACTIVITIES OF STATE AND LOCAL
COMMUNITY INTERESTS ENGAGED IN FIRE PREVENTION AND CONTROL
ACTIVITIES.
(2) SERVE AS A FOCAL POINT FOR INFORMATION RELATIVE TO
FIRES, PROPERTY DAMAGE, INJURIES AND THE LOSS OF LIFE.
(3) DISSEMINATE, THROUGH PERIODIC REPORTS, INFORMATION
ABOUT FIRE PREVENTION EFFORTS AND FIRE CONTROL TECHNIQUES.
(4) DEVELOP AND PARTICIPATE IN A PROGRAM OF PUBLIC
INFORMATION AND EDUCATION DESIGNED TO CREATE A PUBLIC
AWARENESS OF THE INCIDENCE AND THE RAVAGES OF FIRE AND
METHODS THE INDIVIDUAL CAN TAKE TO PREVENT FIRES AND MINIMIZE
LOSS WHEN THEY OCCUR.
(5) SERVE AS A CENTRAL POINT TO SUPPORT LOCAL EFFORTS
AND INTERESTS IN ALL MATTERS PERTINENT TO FIRE PREVENTION AND
CONTROL.
(B) TRANSFER.--THE COMMISSIONER SHALL USE, EMPLOY AND
EXPEND, IN CONNECTION WITH THE FUNCTIONS, POWERS AND DUTIES
ENUMERATED IN SUBSECTION (A) FOR THE POSITION OF THE
COMMISSIONER, CONTRACT OBLIGATIONS, IF ANY, RECORDS, FILES,
PROPERTY, SUPPLIES AND EQUIPMENT NOW BEING USED OR HELD IN
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CONNECTION WITH SUCH FUNCTIONS, POWERS AND DUTIES AND THE
UNEXPENDED BALANCE OF APPROPRIATIONS, ALLOCATIONS, FEDERAL
GRANTS AND OTHER FUNDS AVAILABLE OR TO BE MADE AVAILABLE FOR USE
IN CONNECTION WITH SUCH FUNCTIONS, POWERS AND DUTIES AS
PREVIOUSLY WERE VESTED IN THE AGENCY BY REORGANIZATION PLAN NO.5
OF 1981 (P.L.612).]
(1) SERVE AS THE PRIMARY REPRESENTATIVE FOR FIRE
SERVICES IN THIS COMMONWEALTH. THE COMMISSIONER SHALL WORK
WITH FEDERAL AGENCIES TO ENSURE COORDINATION AT THE STATE AND
LOCAL LEVELS.
(2) SERVE AS CHAIR OF THE BOARD.
(3) DEVELOP CURRICULUM AND PROVIDE AND ASSIST IN THE
COORDINATION OF FIRE, RESCUE AND EMERGENCY SERVICES TRAINING,
INCLUDING ONLINE TRAINING AND ISSUE CERTIFICATIONS.
(4) ADMINISTER THE STATE FIRE ACADEMY.
(5) COLLECT DATA, PROVIDE ANALYSIS AND PERIODIC REPORTS
AND SERVE AS A FOCAL POINT FOR INFORMATION RELATIVE TO FIRES,
PROPERTY DAMAGE, INJURIES TO THE PUBLIC AND FIREFIGHTERS AND
THE LOSS OF LIFE.
(6) CONDUCT AFTER-ACTION REPORTS ON SIGNIFICANT
INCIDENTS THAT INVOLVE FIREFIGHTER DEATHS AND SIGNIFICANT
INJURIES.
(7) ADMINISTER GRANT AND LOAN PROGRAMS FOR FIRE,
AMBULANCE AND RESCUE ORGANIZATIONS IN ACCORDANCE WITH THIS
TITLE OR AS OTHERWISE PROVIDED BY LAW, INCLUDING ASSISTANCE
FOR FIREFIGHTER RELIEF ASSOCIATIONS, THE PENNSYLVANIA FIRE
AND EMERGENCY MEDICAL SERVICES LOAN ASSISTANCE PROGRAM, FIRE
AND EMERGENCY MEDICAL SERVICES LOAN ASSISTANCE, FIRE AND
EMERGENCY MEDICAL SERVICES GRANTS AND MONEY RECEIVED BY THE
OFFICE OF STATE FIRE COMMISSIONER FROM THE UNCONVENTIONAL GAS
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WELL FUND.
(8) ASSIST WITH STATEWIDE RECRUITMENT AND RETENTION
EFFORTS.
(9) HIRE REGIONAL TECHNICAL ADVISORS TO ASSIST FIRE
COMPANIES WITH GRANT AND LOAN ASSISTANCE, MERGERS,
CONSOLIDATION AND REGIONALIZATION AND PROMOTE BEST PRACTICES
FOR SYSTEMS IMPROVEMENTS.
(10) PROMOTE PUBLIC EDUCATION AND COMMUNITY RISK
REDUCTION EFFORTS.
(11) ADMINISTER A FIRE EQUIPMENT DISTRIBUTOR
CERTIFICATION PROGRAM AS PROVIDED BY LAW.
(C) QUALIFICATIONS AND APPOINTMENT.--THE COMMISSIONER SHALL
BE A PERSON WHO, BY REASON OF TRAINING, EXPERIENCE AND
ATTAINMENT, IS QUALIFIED TO COORDINATE [FIRE PREVENTION AND
CONTROL ACTIVITIES. THE COMMISSIONER SHALL BE APPOINTED BY THE
GOVERNOR AFTER CONSULTATION WITH THE FIRE SERVICE COMMUNITY. THE
COMMISSIONER SHALL ACT AS THE COMMONWEALTH'S PRIMARY
REPRESENTATIVE WITH THE STATEWIDE FIRE SERVICE COMMUNITY.]
SERVICES. THE COMMISSIONER SHALL HAVE SERVED AS A CHIEF OFFICER
OR ADMINISTRATIVE OFFICER IN A CAREER, COMBINATION OR VOLUNTEER
FIRE COMPANY. THE COMMISSIONER SHALL BE APPOINTED BY THE
GOVERNOR SUBJECT TO THE CONSENT OF A MAJORITY OF THE MEMBERS
ELECTED TO THE SENATE.
SECTION 7. TITLE 35 IS AMENDED BY ADDING A SECTION TO READ:
§ 7383.1. CURRICULUM AND TRAINING.
(A) DUTY TO ESTABLISH GUIDELINES.--THE COMMISSIONER SHALL
ESTABLISH GUIDELINES FOR THE DEVELOPMENT, DELIVERY AND
MAINTENANCE OF A SYSTEM OF FIRE AND EMERGENCY SERVICES TRAINING.
(B) TRAINING.--TRAINING SHALL BE LECTURE-BASED, HANDS ON OR
ONLINE. TRAINING MAY BE CONDUCTED AT THE PENNSYLVANIA STATE FIRE
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ACADEMY, A COUNTY TRAINING CENTER, A COMMUNITY COLLEGE, A LOCAL
FIRE STATION OR OTHER APPROPRIATE AREA. THE TRAINING SHALL BE
INCORPORATED INTO THE TRAIN PA SYSTEM OR ANY OTHER SYSTEM
APPROVED BY THE COMMISSIONER.
(C) CERTIFICATE OF COMPLETION.--THE COMMISSIONER SHALL
PROVIDE A CERTIFICATE OF COMPLETION TO AN INDIVIDUAL WHO
SUCCESSFULLY COMPLETES A FIRE OR EMERGENCY SERVICES TRAINING
PROGRAM.
(D) PUBLICATION.--THE COMMISSIONER SHALL POST A COMPLETE
LISTING OF THE AVAILABLE FIRE AND EMERGENCY SERVICES TRAINING
COURSES ON THE OFFICE'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
SECTION 8. SECTIONS 7384(A), (B) AND (D), 7385 HEADING, (A)
AND (C) AND 7386 OF TITLE 35 ARE AMENDED TO READ:
§ 7384. PENNSYLVANIA STATE FIRE ACADEMY.
(A) CREATION.--THERE IS CREATED THE PENNSYLVANIA STATE FIRE
ACADEMY, WHICH SHALL BE UNDER THE OPERATIONAL CONTROL OF THE
COMMISSIONER. THE COMMISSIONER SHALL ADMINISTRATIVELY PROVIDE
FOR THE ERECTION OR CONSTRUCTION, THE FURNISHING, THE STAFFING
AND THE EQUIPPING OF BUILDINGS AND STRUCTURES THROUGH THE
DEPARTMENT OF GENERAL SERVICES AND FOR THE LEASING THEREOF BY
THE COMMONWEALTH FOR THE USE AND SUPPORT OF THE PENNSYLVANIA
STATE FIRE ACADEMY. [THE PENNSYLVANIA STATE FIREMEN'S TRAINING
SCHOOL AND THE POWERS AND DUTIES OF THE DEPARTMENT OF EDUCATION
AND THE PUBLIC SERVICE INSTITUTE BOARD PERTAINING TO THE
PENNSYLVANIA STATE FIREMEN'S TRAINING SCHOOL, WHICH WERE
TRANSFERRED TO THE AGENCY UNDER REORGANIZATION PLAN NO.6 OF 1981
(P.L.613) AND WHICH ARE SET FORTH IN SUBCHAPTER D (RELATING TO
STATE FIREMEN'S TRAINING SCHOOL), ARE HEREBY TRANSFERRED TO AND
VESTED IN THE COMMISSIONER.
(B) TRANSFER.--THERE ARE TRANSFERRED TO THE COMMISSIONER, TO
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BE USED, EMPLOYED AND EXPENDED IN CONNECTION WITH THE FUNCTIONS,
POWERS AND DUTIES ENUMERATED IN SUBSECTION (A), PERSONNEL,
CONTRACT OBLIGATIONS, IF ANY, RECORDS, FILES, PROPERTY, SUPPLIES
AND EQUIPMENT NOW BEING USED OR HELD IN CONNECTION WITH SUCH
FUNCTIONS, POWERS AND DUTIES AND THE UNEXPENDED BALANCE OF
APPROPRIATIONS, ALLOCATIONS, FEDERAL GRANTS AND OTHER FUNDS
AVAILABLE OR TO BE MADE AVAILABLE FOR USE IN CONNECTION WITH
SUCH FUNCTIONS, POWERS AND DUTIES AS PREVIOUSLY WERE VESTED IN
THE DEPARTMENT OF EDUCATION AND THE PUBLIC SERVICE INSTITUTE
BOARD UNDER SUBCHAPTER D, AND TRANSFERRED TO THE AGENCY BY
REORGANIZATION PLAN NO.6 OF 1981 (P.L.613).]
* * *
(D) FIREFIGHTER TRAINING AND CERTIFICATION.--A STATEWIDE
FIREFIGHTER TRAINING PROGRAM SHALL BE IMPLEMENTED BY THE
COMMISSIONER. [TO EDUCATE THE FIRE SERVICE COMMUNITY ABOUT THE
IMPORTANCE OF FIREFIGHTER HEALTH AND SAFETY. THIS PROGRAM SHALL
INCLUDE MEASURES DESIGNED TO INCREASE THE MOBILITY OF TRAINING
COURSES THROUGHOUT THIS COMMONWEALTH, TO ENHANCE FIREFIGHTER
ACCESSIBILITY TO TRAINING COURSE OFFERINGS AND TO IMPROVE AND
EXPAND TRAINING FOR AND RESPONSE CAPABILITY TO EMERGENCIES WITH
EMPHASIS ON HAZARDOUS MATERIALS INCIDENTS.] THE PROGRAM SHALL
ALSO INCLUDE [IMPLEMENTATION OF] A FIREFIGHTER CERTIFICATION
PROGRAM IN ACCORDANCE WITH [PARAMETERS DEVELOPED BY THE
COMMISSIONER CONSISTENT WITH] ESTABLISHED STANDARDS. THE
ACQUISITION OF PHYSICAL RESOURCES TO ENHANCE STATEWIDE
CAPABILITY SHALL BE COORDINATED BY THE COMMISSIONER.
* * *
§ 7385. PENNSYLVANIA [VOLUNTEER] FIRE AND EMERGENCY MEDICAL
SERVICES LOAN ASSISTANCE PROGRAM.
(A) CREATION.--THERE SHALL BE A LOAN ASSISTANCE PROGRAM,
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WHICH SHALL BE IMPLEMENTED BY THE COMMISSIONER, FOR [VOLUNTEER
AGENCIES, KNOWN AS THE PENNSYLVANIA VOLUNTEER LOAN ASSISTANCE
PROGRAM,] FIRE COMPANIES AND EMERGENCY MEDICAL SERVICES
COMPANIES, KNOWN AS THE PENNSYLVANIA FIRE AND EMERGENCY MEDICAL
SERVICES LOAN ASSISTANCE PROGRAM, WHICH SHALL MAKE LOANS UNDER
SUBCHAPTER E (RELATING TO [VOLUNTEER FIRE COMPANY, AMBULANCE
SERVICE AND RESCUE SQUAD ASSISTANCE). THE PENNSYLVANIA VOLUNTEER
LOAN ASSISTANCE PROGRAM AND THE POWERS AND DUTIES PREVIOUSLY
VESTED IN THE DEPARTMENT OF COMMUNITY AFFAIRS, WHICH WERE
TRANSFERRED TO THE AGENCY UNDER REORGANIZATION PLAN NO.7 OF 1981
(P.L.615) AND WHICH ARE SET FORTH UNDER SUBCHAPTER E, ARE HEREBY
TRANSFERRED TO AND VESTED IN THE COMMISSIONER.] FIRE AND
EMERGENCY MEDICAL SERVICES LOAN ASSISTANCE PROGRAM).
* * *
[(C) REGULATIONS.--THE VOLUNTEER LOAN ASSISTANCE PROGRAM
REGULATIONS FOUND IN 4 PA. CODE CH. 113 (RELATING TO VOLUNTEER
FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE) ARE
HEREBY TRANSFERRED TO THE COMMISSIONER FROM THE AGENCY. THE
COMMISSIONER SHALL FULLY IMPLEMENT AND ADMINISTER THOSE
REGULATIONS ON OR BEFORE JANUARY 12, 1996. THE COMMISSIONER MAY
BE SUBSTITUTED FOR THE AGENCY THROUGHOUT THE REGULATIONS AND THE
REGULATIONS MAY BE RENUMBERED AND PUBLISHED IN THE PENNSYLVANIA
BULLETIN AS FINAL REGULATIONS WITHOUT THOSE REGULATORY CHANGES
BEING SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 25, 1982
(P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT.]
§ 7386. STATE FIRE [SAFETY] ADVISORY [COMMITTEE] BOARD.
(A) CREATION.--
(1) THERE IS CREATED THE STATE FIRE [SAFETY] ADVISORY
[COMMITTEE] BOARD TO ASSIST THE COMMISSIONER. THE [COMMITTEE]
BOARD SHALL CONSIST OF [NINE] THE FOLLOWING MEMBERS[, AS
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FOLLOWS:
(I) THE DIRECTOR OF THE AGENCY, EX OFFICIO.
(II) THE COMMISSIONER, WHO SHALL SERVE AS CHAIRMAN.
(III) TWO PAID FIREFIGHTERS TO BE APPOINTED BY THE
GOVERNOR FROM A LIST OF AT LEAST SIX NOMINEES SUBMITTED
BY THE PENNSYLVANIA PROFESSIONAL FIREFIGHTERS
ASSOCIATION.
(IV) ONE MEMBER OF THE PUBLIC TO BE APPOINTED BY THE
GOVERNOR.
(V) FOUR VOLUNTEER FIREFIGHTERS, ONE EACH TO BE
APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE, THE
MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES AND THE MINORITY LEADER OF THE HOUSE
OF REPRESENTATIVES.]:
(I) THE COMMISSIONER, WHO SHALL SERVE AS
CHAIRPERSON.
(II) THE PRESIDENT OF THE PENNSYLVANIA PROFESSIONAL
FIREFIGHTERS ASSOCIATION OR A DESIGNEE.
(III) THE PRESIDENT OF THE PENNSYLVANIA CAREER FIRE
CHIEFS ASSOCIATION OR A DESIGNEE.
(IV) THE PRESIDENT OF THE PENNSYLVANIA FIRE AND
EMERGENCY SERVICES INSTITUTE OR A DESIGNEE.
(V) TEN FIREFIGHTERS APPOINTED BY THE GOVERNOR, TO
WHOM THE FOLLOWING SHALL APPLY:
(A) ONE MEMBER SHALL BE THE PRESIDENT, OR
DESIGNEE OF THE PRESIDENT, OF THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS IN A FIRE COMPANY IN A
CITY OF THE FIRST CLASS, SECOND CLASS OR THIRD CLASS
WITH A POPULATION OF AT LEAST 115,000 BASED ON THE
MOST RECENT CENSUS, SO LONG AS THE FIRE COMPANY IS
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NOT A MEMBER OF THE PENNSYLVANIA PROFESSIONAL
FIREFIGHTERS ASSOCIATION.
(B) EXCEPT FOR THE MEMBER UNDER CLAUSE (A), THE
FOLLOWING APPLY:
(I) ONE MEMBER SHALL BE A CERTIFIED FIRE
SERVICE INSTRUCTOR.
(II) MEMBERS SHALL BE:
(A) CURRENT MEMBERS OF A FIRE COMPANY OR
CURRENTLY SERVING OR HAVE SERVED WITHIN THE
PAST FIVE YEARS AS A CHIEF OFFICER OR
ADMINISTRATIVE OFFICER OF A FIRE COMPANY; AND
(B) CERTIFIED AS FIREFIGHTER I OR ITS
EQUIVALENT.
(III) ONE MEMBER SHALL BE SELECTED FROM EACH
OF THE FOLLOWING REGIONS:
(A) REGION 1 - CRAWFORD, ERIE, FOREST,
VENANGO AND WARREN COUNTIES.
(B) REGION 2 - ALLEGHENY, ARMSTRONG,
BEAVER, BUTLER, CAMBRIA, FAYETTE, GREENE,
INDIANA, LAWRENCE, MERCER, SOMERSET,
WASHINGTON AND WESTMORELAND COUNTIES.
(C) REGION 3 - CAMERON, CLARION,
CLEARFIELD, ELK, JEFFERSON AND MCKEAN
COUNTIES.
(D) REGION 4 - BEDFORD, BLAIR, CENTRE,
FULTON, HUNTINGDON, JUNIATA, MIFFLIN AND
SNYDER COUNTIES.
(E) REGION 5 - BRADFORD, CLINTON,
LYCOMING, POTTER, SULLIVAN, TIOGA AND UNION
COUNTIES.
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(F) REGION 6 - ADAMS, CUMBERLAND,
DAUPHIN, FRANKLIN, LANCASTER, LEBANON, PERRY
AND YORK COUNTIES.
(G) REGION 7 - BERKS, COLUMBIA, LUZERNE,
MONTOUR, NORTHUMBERLAND, SCHUYLKILL AND
WYOMING COUNTIES.
(H) REGION 8 - CARBON, LACKAWANNA,
LEHIGH, MONROE, NORTHAMPTON, PIKE,
SUSQUEHANNA AND WAYNE COUNTIES.
(I) REGION 9 - BUCKS, CHESTER, DELAWARE,
MONTGOMERY AND PHILADELPHIA COUNTIES.
(2) MEMBERS OF THE [COMMITTEE] BOARD SHALL SERVE AT THE
PLEASURE OF THEIR APPOINTING AUTHORITY. [THE COMMITTEE SHALL
ADVISE THE COMMISSIONER ON MATTERS PERTAINING TO THE
OPERATION OF THE PENNSYLVANIA STATE FIRE ACADEMY AND ANY
OTHER MATTERS AS THE COMMISSIONER MAY REQUEST.]
(3) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
HOUSE OF REPRESENTATIVES, OR THEIR DESIGNEES, SHALL SERVE AS
NONVOTING MEMBERS OF THE BOARD.
(4) THE GOVERNOR MAY APPOINT THE FOLLOWING AS NONVOTING
MEMBERS OF THE BOARD:
(I) THE DIRECTOR OF THE AGENCY.
(II) THE DIRECTOR OF THE BUREAU OF EMERGENCY MEDICAL
SERVICES OF THE DEPARTMENT OF HEALTH.
(III) REPRESENTATIVES OF THE FOLLOWING:
(A) THE PENNSYLVANIA ASSOCIATION OF HAZARDOUS
MATERIALS TECHNICIANS.
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(B) THE PENNSYLVANIA ASSOCIATION OF FIRE
EQUIPMENT DISTRIBUTORS.
(C) THE COUNTY COMMISSIONERS ASSOCIATION OF
PENNSYLVANIA.
(D) THE PENNSYLVANIA MUNICIPAL LEAGUE.
(E) THE PENNSYLVANIA STATE ASSOCIATION OF
TOWNSHIP COMMISSIONERS.
(F) THE PENNSYLVANIA STATE ASSOCIATION OF
TOWNSHIP SUPERVISORS.
(G) THE PENNSYLVANIA STATE ASSOCIATION OF
BOROUGHS.
(H) THE PENNSYLVANIA ASSOCIATION OF COUNCILS OF
GOVERNMENTS.
(I) TRADE ASSOCIATIONS.
(J) FIRE EQUIPMENT AND APPARATUS VENDORS.
(K) MEMBERS OF THE PUBLIC.
(5) MEMBERS OF THE BOARD INITIALLY APPOINTED BY THE
GOVERNOR UNDER PARAGRAPH (1)(V) SHALL SERVE AN INITIAL TERM
OF TWO YEARS AS DESIGNATED BY THE GOVERNOR AT THE TIME OF
APPOINTMENT. UPON THE EXPIRATION OF THE INITIAL TERM OF
OFFICE OF EACH MEMBER OF THE BOARD AS APPOINTED UNDER
PARAGRAPH (1)(V), THE MEMBER SHALL HOLD OFFICE FOR A TERM OF
FOUR YEARS AND MAY CONTINUE TO HOLD OFFICE FOR A PERIOD OF
TIME NOT TO EXCEED SIX MONTHS OR UNTIL A SUCCESSOR IS
APPOINTED AND QUALIFIED, WHICHEVER OCCURS FIRST. UPON THE
DEATH, RESIGNATION OR REMOVAL FROM OFFICE OF ANY PERSON SO
APPOINTED, THE GOVERNOR SHALL APPOINT A COMPETENT PERSON TO
SERVE FOR THE UNEXPIRED TERM.
(6) UPON THE COMPLETION OF A MEMBER'S TERM WHO WAS
APPOINTED UNDER PARAGRAPH (1)(V)(A), THE GOVERNOR SHALL NOT
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APPOINT THE SUCCEEDING MEMBER FROM THE SAME CLASS OF CITY AS
THE PREVIOUS TWO OUTGOING MEMBERS.
(B) EXPENSES.--MEMBERS OF THE [COMMITTEE] BOARD SHALL
RECEIVE REIMBURSEMENT FOR REASONABLE TRAVEL[, HOTEL] AND OTHER
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES
IN ACCORDANCE WITH COMMONWEALTH REGULATIONS.
(C) MEETINGS.--THE BOARD SHALL MEET AT LEAST QUARTERLY OR AT
THE TIMES AND PLACES AS CALLED UPON BY THE COMMISSIONER. ALL
MEETINGS OF THE BOARD SHALL COMPLY WITH 65 PA.C.S. CH. 7
(RELATING TO OPEN MEETINGS).
(D) DUTIES.--THE BOARD SHALL ADVISE THE COMMISSIONER ON
MATTERS PERTAINING TO THE FOLLOWING:
(1) LEGISLATION.
(2) INNOVATIVE PROGRAMMING.
(3) STANDARDS OF COVER FOR MUNICIPALITIES.
(4) OPERATION OF THE PENNSYLVANIA STATE FIRE ACADEMY.
(5) ANY OTHER MATTERS AS THE COMMISSIONER MAY REQUEST OR
AS DIRECTED BY THE GENERAL ASSEMBLY.
SECTION 9. THE HEADING OF SUBCHAPTER B OF CHAPTER 74 OF
TITLE 35 IS AMENDED TO READ:
SUBCHAPTER B
FIRE RELIEF ASSOCIATION
SECTION 10. THE DEFINITION OF "VOLUNTEER FIREFIGHTERS'
RELIEF ASSOCIATION" IN SECTION 7412 OF TITLE 35 IS AMENDED AND
THE SECTION 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.
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"FIRE COMPANY." A VOLUNTEER FIRE COMPANY, A MUNICIPAL FIRE
COMPANY OR A COMBINED VOLUNTEER AND MUNICIPAL FIRE COMPANY
LOCATED IN THIS COMMONWEALTH.
* * *
"LENGTH OF SERVICE AWARD PROGRAM." A SYSTEM ESTABLISHED BY A
VOLUNTEER FIRE COMPANY OR VOLUNTEER FIREFIGHTERS' RELIEF
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).
* * *
"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] VOLUNTEER FIRE COMPANIES OR FIRE
COMPANIES THAT ARE A COMBINATION OF A VOLUNTEER FIRE COMPANY AND
A MUNICIPAL FIRE COMPANY, 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.
SECTION 11. SECTION 7413 INTRODUCTORY PARAGRAPH, (1) 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
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FUNDS SHALL BE AVAILABLE FOR THE ASSISTANCE TO AND PROTECTION OF
VOLUNTEER FIREFIGHTERS AND THEIR HEIRS IN ORDER TO PROVIDE:
(1) FINANCIAL ASSISTANCE TO VOLUNTEER FIREFIGHTERS WHO
MAY SUFFER PHYSICAL OR MENTAL INJURY OR MISFORTUNE BY REASON
OF THEIR PARTICIPATION IN THE FIRE SERVICE.
* * *
(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 12. SECTION 7416(A) AND (F)(11), (13) AND (14) OF
TITLE 35 ARE AMENDED AND SUBSECTION (F) IS AMENDED BY ADDING
PARAGRAPHS TO READ:
§ 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]
COMMISSIONER 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
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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.
* * *
(13) TO MAINTAIN COMPREHENSIVE HEALTH, PHYSICAL FITNESS
AND PHYSICAL MONITORING PROGRAMS THAT PROVIDE FOR PHYSICAL
FITNESS ACTIVITIES, NUTRITION EDUCATION AND SUPPLIES 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].
* * *
(19) TO PROVIDE FINANCIAL ASSISTANCE FOR ACTIVITIES AND
MATERIALS NEEDED TO AID IN THE RECRUITMENT AND RETENTION OF
VOLUNTEER FIREFIGHTERS.
(20) TO ESTABLISH AND PAY FOR LENGTH OF SERVICE AWARD
PROGRAMS.
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(21) TO PAY FOR FACILITIES FOR STORAGE OF EMERGENCY
VEHICLES AND EQUIPMENT, TRAINING AND MEETINGS.
(22) TO PAY FOR VEHICLES USED FOR EMERGENCY RESPONSE.
(23) TO PURCHASE EQUIPMENT USED FOR EMERGENCY RESPONSE.
(24) TO DEFRAY THE COST OF OBTAINING OR RENEWING A
COMMERCIAL DRIVER'S LICENSES UNDER 75 PA.C.S. CH. 16
(RELATING TO COMMERCIAL DRIVERS) FOR VOLUNTEER FIREFIGHTERS
WHO ARE RESIDENTS OF THIS COMMONWEALTH TO OPERATE FIRE OR
EMERGENCY VEHICLES REGISTERED TO FIRE COMPANIES OR
MUNICIPALITIES.
(25) TO PAY FOR STIPENDS TO VOLUNTEER FIREFIGHTERS, NOT
TO EXCEED $1,500 PER YEAR.
SECTION 13. SECTION 7418 OF TITLE 35 IS AMENDED TO READ:
§ 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
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.
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(3) THE COMMISSIONER MAY RECEIVE INQUIRIES FROM THE FIRE
SERVICES ON ELIGIBLE USES OF MONEY AND, IN CONSULTATION WITH
THE FIRE 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 COMMISSIONER, UPON RECEIVING NOTICE OF THE
FINDINGS FROM 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.
SECTION 14. TITLE 35 IS AMENDED BY ADDING A SECTION TO READ:
§ 7419.1. FIRE RELIEF FORMULA STUDY.
(A) STUDY.--THE FIRE ADVISORY COMMITTEE SHALL HAVE THE
FOLLOWING DUTIES:
(1) REVIEW AND MAKE FINDINGS AND RECOMMENDATIONS
REGARDING THE FIRE RELIEF FUNDING FORMULA AND FIRE RELIEF
SERVICES IN THIS COMMONWEALTH.
(2) HOLD PUBLIC MEETINGS REGARDING THE FIRE RELIEF
FUNDING FORMULA AND FIRE RELIEF SERVICES IN DIFFERENT REGIONS
OF THIS COMMONWEALTH.
(3) CONSULT WITH AND UTILIZE EXPERTS TO ASSIST THE
COMMITTEE IN CARRYING OUT ITS DUTIES UNDER THIS SECTION.
(4) RECEIVE INPUT FROM INTERESTED PARTIES AND TAKE INTO
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CONSIDERATION THE DIVERSE NATURE OF FIRE SERVICES IN THIS
COMMONWEALTH.
(5) DRAFT PROPOSED LEGISLATION BASED ON THE COMMITTEE'S
FINDINGS AND RECOMMENDATIONS REGARDING THE FIRE RELIEF
FUNDING FORMULA AND FIRE RELIEF SERVICES.
(6) NO LATER THAN NOVEMBER 30, 2022, ISSUE A REPORT ON
THE COMMITTEE'S FINDINGS AND RECOMMENDATIONS REGARDING THE
FIRE RELIEF FUNDING FORMULA AND FIRE RELIEF SERVICES TO ALL
OF THE FOLLOWING:
(I) THE GOVERNOR.
(II) THE COMMISSIONER.
(III) THE PRESIDENT PRO TEMPORE OF THE SENATE.
(IV) THE MAJORITY LEADER AND MINORITY LEADER OF THE
SENATE.
(V) THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS
COMMITTEE OF THE SENATE.
(VI) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(VII) THE MAJORITY LEADER AND MINORITY LEADER OF THE
HOUSE OF REPRESENTATIVES.
(VIII) THE VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(B) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO AUTHORIZE A FIRE RELIEF FUNDING FORMULA TO GO INTO
EFFECT WITHOUT BEING APPROVED BY AN ACT OF THE GENERAL ASSEMBLY.
SECTION 15. THE DEFINITION OF "FIRE COMPANY" IN SECTION 7802
OF TITLE 35 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A
DEFINITION TO READ:
§ 7802. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
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CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"AIRPORT FIRE COMPANY." A FIRE COMPANY THAT DOES ALL OF THE
FOLLOWING:
(1) IS ASSOCIATED WITH AN AIRPORT.
(2) HAS A MUTUAL AID AGREEMENT WITH A NEIGHBORING
MUNICIPALITY.
(3) HAS RESPONDED TO AT LEAST 15 EMERGENCY CALLS
ANNUALLY TO NEIGHBORING FIRE COMPANIES AS PROVIDED IN
DOCUMENTATION REQUESTED BY THE STATE FIRE COMMISSIONER.
* * *
"FIRE COMPANY." A VOLUNTEER FIRE COMPANY [OR], A MUNICIPAL
FIRE COMPANY OR A COMBINED VOLUNTEER AND MUNICIPAL FIRE COMPANY
LOCATED IN THIS COMMONWEALTH. THE TERM INCLUDES AN AIRPORT FIRE
COMPANY.
* * *
SECTION 16. SECTIONS 7811 AND 7812 OF TITLE 35 ARE AMENDED
TO READ:
§ 7811. ESTABLISHMENT.
THE 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 FIRE COMPANY]
FIRE COMPANIES TO PROVIDE FIREFIGHTING, AMBULANCE AND RESCUE
SERVICES.
§ 7812. PUBLICATION AND NOTICE.
THE [AGENCY] COMMISSIONER 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
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YEARS BEGINNING JULY 1, 2006, AND JULY 1, 2007; AND
(2)] BY AUGUST 8 FOR [FISCAL YEARS BEGINNING AFTER JUNE
30, 2008.] EACH FISCAL YEAR. THE COMMISSIONER SHALL POST A
NOTICE OF THE GRANT PROGRAM AND APPLICATION FOR THE GRANT
PROGRAM ON THE OFFICE OF THE STATE FIRE COMMISSIONER'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
SECTION 17. SECTION 7813(A), (C) AND (D) OF TITLE 35 ARE
AMENDED, SUBSECTION (B) IS AMENDED BY ADDING A PARAGRAPH AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 7813. AWARD OF GRANTS.
(A) AUTHORIZATION.--THE [AGENCY] COMMISSIONER IS AUTHORIZED
TO MAKE A GRANT AWARD TO EACH ELIGIBLE FIRE COMPANY FOR THE
FOLLOWING:
(1) CONSTRUCTION AND RENOVATION OF [THE FIRE COMPANY'S
FACILITY] FACILITIES AND PURCHASE OR REPAIR OF FIXTURES AND
FURNISHINGS, OFFICE EQUIPMENT AND SUPPORT SERVICES 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.
(5) [TRAINING AND EDUCATION] EDUCATION OF THE GENERAL
PUBLIC REGARDING FIRE PREVENTION AND COMMUNITY RISK
REDUCTION.
(6) RECRUITMENT AND RETENTION, INCLUDING, BUT NOT
LIMITED TO, VOLUNTEER FIREFIGHTER LENGTH OF SERVICE AWARD
PROGRAMS AND PROGRAMS FOR MINORS.
(7) REVENUE LOSS FOR GRANTS ISSUED IN 2021 AND 2022.
* * *
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