PRINTER'S NO. 2481
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1819
Session of
2019
INTRODUCED BY A. DAVIS, SAINATO, HILL-EVANS, McCLINTON,
READSHAW, CALTAGIRONE, CEPHAS, WILLIAMS, ZABEL, YOUNGBLOOD
AND DeLUCA, SEPTEMBER 17, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, SEPTEMBER 17, 2019
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in 911 emergency communication
services, further providing for telecommunications
management; in Commonwealth services relating to emergency
management, further providing for organization of
Pennsylvania Emergency Management Agency, for Intrastate
Mutual Aid Committee, for definitions relating to volunteer
fire company, ambulance service and rescue squad assistance,
for assistance to volunteer fire companies, ambulance service
and rescue squads, for Volunteer Companies Loan Fund and for
powers and duties of office; amending provisions relating to
the State Fire Commissioner by abolishing the State Fire
Commissioner and establishing the State Fire Commission, the
State Fire Chief and the Director of Bureau of Emergency
Medical Services; in miscellaneous provisions, further
providing for Firefighters' Memorial Flag and for prohibition
on certain service; in grants to volunteer fire companies and
emergency medical services companies, further providing for
definitions, for establishment of Fire Company Grant Program,
for award of grants and for consolidation incentive; in
incentives for municipal volunteers of fire companies and
nonprofit emergency medical services agencies, further
providing for definitions, for program authorization and for
service record; and making conforming amendments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5303(b)(1)(viii) of Title 35 of the
Pennsylvania Consolidated Statutes, amended June 28, 2019
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(P.L.142, No.17), is amended to read:
§ 5303. Telecommunications management.
* * *
(b) Establishment of 911 board.--There is established a
board within the agency to be known as the 911 board. The board
shall be comprised of the following:
(1) The following State officials, who shall serve as
voting members:
* * *
(viii) The State Fire [Commissioner] Chief.
* * *
Section 2. Section 7312(a) and 7333(b)(2) of Title 35 are
amended to read:
§ 7312. Organization.
This agency shall consist of and be organized substantially
as follows:
(a) Council.--Primary responsibility for overall policy and
direction of a Statewide civil defense and disaster program and
response capability of the type hereinafter prescribed shall be
vested in a body legally known as the Pennsylvania Emergency
Management Council, which shall be composed of: the Governor,
Lieutenant Governor, Adjutant General, Secretary of Health,
Attorney General, General Counsel, Secretary of Community
Affairs, Secretary of Environmental Protection, Secretary of
Transportation, Secretary of Agriculture, Secretary of Public
Welfare, Commissioner of the Pennsylvania State Police, Chairman
of the Public Utility Commission, State Fire [Commissioner]
Chief, Speaker of the House of Representatives, President pro
tempore of the Senate, Minority Leader of the Senate and
Minority Leader of the House of Representatives. The Speaker of
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the House of Representatives, President pro tempore of the
Senate, Minority Leader of the Senate and Minority Leader of the
House of Representatives may authorize a member of their
respective Houses of the General Assembly to serve in their
stead. The Governor may authorize up to two representatives of
business and industry, up to two representatives of labor, up to
two public members at large and one representative respectively
of the Pennsylvania State Association of County Commissioners,
the Pennsylvania State Association of Township Commissioners,
the Pennsylvania State Association of Township Supervisors, the
Pennsylvania League of Cities and the Pennsylvania State
Association of Boroughs to be nonvoting members of the council.
The Governor may designate a member to serve as chairman. Five
members shall constitute a quorum.
* * *
§ 7333. Intrastate Mutual Aid Committee.
* * *
(b) Membership.--The committee shall be comprised of the
following members:
* * *
(2) The State Fire [Commissioner] Chief and the Director
of the Bureau of Emergency Medical Services of the Department
of Health or any successor bureau or administrative unit
having similar responsibilities.
* * *
Section 3. The definitions of "commissioner" and "office" in
section 7363 of Title 35 are amended and the section is amended
by adding a definition to read:
§ 7363. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Chief." The State Fire Chief.
["Commissioner." The State Fire Commissioner.]
* * *
"Office." The [Office of the State Fire Commissioner] office
maintained by the Pennsylvania Emergency Management Agency under
section 7383(b) (relating to State Fire Commission and State
Fire Chief).
* * *
Section 4. Sections 7364(b), (g) and (i)(2), 7365(b) and (c)
and 7366(b)(2) of Title 35 are amended to read:
§ 7364. Assistance to volunteer fire companies, ambulance
service and rescue squads.
* * *
(b) Loans.--Loans made by the office in the amount of
$30,000 or less shall be for a period of not more than ten
years. Loans in excess of $30,000 but not in excess of $100,000
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, 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 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] chief. 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 and
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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.
* * *
(g) Eligibility.--A volunteer fire company, ambulance
service and rescue squad 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. 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 subject to
such security as shall be determined by the [commissioner]
chief.
* * *
(i) Aggregation of loans.--
* * *
(2) If more than one fire company, volunteer rescue
service or volunteer ambulance service merge or consolidate
into a single entity, as determined by the [commissioner]
chief, the entity shall be eligible for not more than ten
loans at one time for a period of ten years from the date of
the merger or consolidation.
§ 7365. Volunteer Companies Loan Fund.
* * *
(b) Requisition.--Upon approval of the loan, the
[commissioner] chief shall routinely requisition from the
Volunteer Companies Loan Fund such amounts as shall be allocated
by the office for loans to volunteer companies. When and as the
amounts so allocated as loans to volunteer companies are repaid
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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, it being the intent of this
subchapter that the Volunteer Companies Loan 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] chief 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.
§ 7366. Powers and duties of office.
* * *
(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 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] chief may specify the type
of liens or collateral authorized as security under this
paragraph.
* * *
Section 5. Subchapter F heading of Chapter 73 of Title 35 is
amended to read:
SUBCHAPTER F
STATE FIRE [COMMISSIONER] COMMISSION
Section 6. Sections 7381, 7382, 7383, 7384 and 7385 of Title
35 are amended to read:
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§ 7381. Scope of subchapter.
This subchapter relates to the State Fire [Commissioner]
Commission.
§ 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.
"Chief." The State Fire Chief.
"[Commissioner] Commission." The State Fire [Commissioner]
Commission.
["Committee." The Fire Safety Advisory Committee.]
"Director." The Director of Bureau of Emergency Medical
Services in the Department of Health.
§ 7383. State Fire [Commissioner] Commission and State Fire
Chief.
(a) [State Fire Commissioner] Commission established.--There
shall be [a] an independent State Fire [Commissioner]
Commission, [who] which[, through the Lieutenant Governor,]
shall be the lead agency for fire services and shall report
directly to the Governor on all matters concerning fire safety
in this Commonwealth.
(a.1) Chief established.--The [Office of the State Fire
Commissioner] commission shall [be] maintain an office within
the agency for administrative purposes only, to be led by the
State Fire Chief, and the [commissioner] commission 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
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activities.]
(a.2) Membership.--The commission shall consist of the
following members, who shall be well informed on the subject of
fire service or ambulance service and shall be appointed by the
Governor, by and with the advice and consent of a majority of
the elected members of the Senate:
(1) The chief, ex officio, who shall serve as
chairperson of the commission and who shall vote in case of a
tie only on a question before the commission.
(2) The director, ex officio, who shall serve as vice
chairperson of the commission and who shall be a nonvoting
member.
(3) One competent resident from each of the following
geographical districts of this Commonwealth:
(i) The county of Allegheny, constituting the first
district.
(ii) The counties of Armstrong, Beaver, Butler,
Cambria, Fayette, Greene, Indiana, Lawrence, Somerset,
Washington and Westmoreland, constituting the second
district.
(iii) The counties of Bedford, Blair, Cameron,
Centre, Clarion, Clearfield, Crawford, Elk, Erie,
Franklin, Forest, Fulton, Huntingdon, Jefferson, Juniata,
McKean, Mercer, Mifflin, Venango and Warren, constituting
the third district.
(iv) The counties of Adams, Cumberland, Dauphin,
Lancaster, Lebanon, Perry and York, constituting the
fourth district.
(v) The counties of Berks, Bradford, Clinton,
Columbia, Lackawanna, Luzerne, Lycoming, Montour,
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Northumberland, Potter, Tioga, Schuylkill, Snyder,
Sullivan, Union and Wyoming, constituting the fifth
district.
(vi) The counties of Bucks, Carbon, Lehigh, Monroe,
Northampton, Pike, Wayne and Susquehanna, constituting
the sixth district.
(vii) The counties of Chester, Delaware and
Montgomery, constituting the seventh district.
(viii) The county of Philadelphia, constituting the
eighth district.
(4) A business and industry representative.
(5) A certified architect representative.
(6) An insurance industry representative.
(a.3) Background of members.--Members of the commission
appointed under subsection (a.2)(3) shall be comprised of:
(1) At least one resident who is a member of a volunteer
fire company.
(2) At least one resident who is a member of a career
fire department.
(3) At least one resident who is a member of a
combination fire organization.
(4) At least one resident who is a member of a volunteer
ambulance service or volunteer rescue squad.
(5) At least one resident who is a member of a career
ambulance service or career rescue squad.
(a.4) Initial appointments to commission.--
(1) The person who serves as the State Fire Commissioner
on the effective date of this subsection shall continue in
office as the chief for the duration of the term for which
the person was appointed as State Fire Commissioner.
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(2) Members of the commission initially appointed under
subsections (a.2)(3)(i), (iii), (v) and (vii) shall serve an
initial term of two years as designated by the Governor at
the time of appointment.
(3) Members of the commission initially appointed under
subsections (a.2)(3)(ii), (iv), (vi) and (viii) shall serve
an initial term of four years as designated by the Governor
at the time of appointment.
(4) Members of the commission initially appointed under
subsections (a.2)(4), (5) and (6) shall serve an initial term
of three years as designated by the Governor at the time of
appointment.
(a.5) Term of office and compensation.--
(1) Upon the expiration of the initial term of office of
each member of the commission as appointed under subsections
(a.4)(2), (3) and (4), such members shall hold office for
terms of four years each 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.
(2) A member of the commission, except the chief and the
director, who serves three consecutive terms, or for a period
totaling thirteen consecutive years, shall not be eligible
for reapportionment to the commission.
(3) Members of the commission, except the commissioner
and the director, shall receive no compensation for their
services on the commission. Members of the commission shall
receive reimbursement for reasonable travel, hotel and other
necessary expenses incurred in the performance of their
duties in the same manner as agencies under the Governor's
jurisdiction.
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(a.6) Vacancies.--Upon the death, resignation or removal
from office of a person appointed under this section, the
Governor shall appoint a competent person to serve for the
unexpired term as provided in subsection (a.2).
(a.7) General and specific powers.--The commission shall
have the power and duty to:
(1) Act as the Commonwealth's primary representative
with the Statewide fire service community.
(2) Coordinate the activities of State and local
community interests engaged in fire prevention and control
activities.
[(2)] (3) Serve as a focal point for information
relative to fires, property damage, injuries and the loss of
life.
[(3)] (4) Disseminate, through periodic reports,
information about fire prevention efforts and fire control
techniques.
[(4)] (5) 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)] (6) Serve as a central point to support local
efforts and interests in all matters pertinent to fire
prevention and control.
(7) Establish minimum standards of safety to be followed
by all fire agencies in this Commonwealth.
(8) Oversee the Pennsylvania State Fire Academy as
provided in section 7384 (relating to Pennsylvania State Fire
Academy).
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(9) Administer the Volunteer Loan Assistance Program as
provided in section 7385 (relating to Pennsylvania Volunteer
Loan Assistance Program).
(10) Administer the Fire Company Grant Program
established under Chapter 78 (relating to grants to fire
companies and emergency medical services companies).
(11) Collect data and perform analysis of the Statewide
fire service experience and system conditions on an ongoing
basis. A staff person in the office shall be dedicated to
carrying out this duty.
(12) Advocate for fire prevention measures and
improvements in fire service quality and delivery.
(13) Administer firefighters' relief funds, including
the allowable uses of the funds, and provide advice to the
Auditor General in relation to the audit of entities that
receive firefighters' relief funds. The advice shall be
binding on the Auditor General.
(14) Oversee a Statewide recruitment and retention
coordinator to develop, implement and deliver recruitment and
retention training programs as provided for in section 1735-J
of the act of April 9, 1929 (P.L.343, No.176), known as The
Fiscal Code.
(15) Oversee a technical advisor for each geographical
district established in subsection (a.2)(3) to provide
technical assistance directly and, through agents and
affiliates, indirectly to local fire organizations and local
governments on technical and managerial matters as provided
for in section 1735-J of The Fiscal Code.
(16) Take action necessary to correct deficiencies
related to a Statewide minimum standard of cover.
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(17) Conduct announced and unannounced inspections of
fire companies and departments to ensure compliance with
standards promulgated by the commission.
(a.8) Meetings of commission.--
(1) The commission shall annually hold meetings at its
independent office located within the agency in January and
June or July and at such other times and places within this
Commonwealth as the commission shall designate for the
transaction of business.
(2) Video conferencing options shall be made available
to members attending the meetings.
(3) All meetings of the commission shall comply with 65
Pa.C.S. Ch. 7 (relating to open meetings).
(4) Six members appointed to the commission and in
attendance at each meeting shall constitute a quorum.
(b) Transfer.--The [commissioner] commission shall use,
employ and expend, in connection with the functions, powers and
duties enumerated in subsection [(a) for the position of the
commissioner] (a.7), 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 agency by Reorganization Plan No.5
of 1981 (P.L.612)[.] and in the State Fire Commission by the
former act of November 13, 1995 (P.L.604, No.61), known as the
State Fire Commissioner Act.
(c) Qualifications and appointment of chief.--The
[commissioner] chief shall be a person who, by reason of
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training, experience and attainment, is qualified to coordinate
fire prevention and control activities. The [commissioner] chief
shall be appointed by the Governor after consultation with the
fire service community. The [commissioner] chief shall act as
the Commonwealth's primary representative with the Statewide
fire service community.
(d) Reports to General Assembly.--
(1) No later than January 31 of each year, the
commission through the chief shall make annual written
reports on the matters of fire service to the Veterans
Affairs and Emergency Preparedness Committee of the Senate
and the Veterans Affairs and Emergency Preparedness Committee
of the House of Representatives.
(2) The commission shall, upon request, meet with the
respective committees of the General Assembly to receive oral
testimony in relation to annual written reports.
§ 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] commission. The [commissioner] commission 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 to the State Fire Commissioner by the
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former act of November 13, 1995 (P.L.604, No.61), known as the
State Fire Commissioner Act, and which are set forth in
Subchapter D (relating to State Firemen's Training School), are
hereby transferred to and vested in the [commissioner]
commission.
(b) Transfer.--There are transferred to the [commissioner]
commission, to 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) and to the State Fire Commissioner by the former State
Fire Commissioner Act.
(c) Hazardous chemical and radioactive material training.--
The Pennsylvania State Fire Academy shall serve as the resident
Commonwealth government center for hazardous chemical and
radioactive material training. The Pennsylvania State Fire
Academy is authorized to use resident and field staff to support
this training.
(d) Firefighter training and certification.--A Statewide
firefighter training program shall be implemented by the
[commissioner] commission to educate the fire service community
about the importance of firefighter health and safety. This
program shall include measures designed to increase the mobility
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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] commission consistent with established
standards. The acquisition of physical resources to enhance
Statewide capability shall be coordinated by the [commissioner]
commission.
(e) Administration.--
(1) The [commissioner] commission may assess reasonable
fees on for-profit corporations and businesses and on
students who are nonresidents of this Commonwealth for fire,
rescue and emergency service training programs provided to
them by the Pennsylvania State Fire Academy, but in no event
shall any member of a municipal or volunteer fire, rescue,
ambulance or other emergency service organization located
within this Commonwealth be charged for training provided at
the Pennsylvania State Fire Academy.
(2) The [commissioner] commission may charge all
students for class materials and supplies directly related to
the conduct of classes provided at the Pennsylvania State
Fire Academy and for insignia, patches and similar
memorabilia indicating student attendance or achievement at
the Pennsylvania State Fire Academy.
(3) All revenues generated by these fees and charges
shall augment the appropriation made to the [Office of the
State Fire Commissioner] office established under section
7383(a.1) (relating to State Fire Commission and State Fire
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Chief).
§ 7385. Pennsylvania Volunteer Loan Assistance Program.
(a) Creation.--There shall be a loan assistance program,
which shall be implemented by the [commissioner] commission, for
volunteer agencies, known as the Pennsylvania Volunteer 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 to the State Fire Commissioner by the former act of November
13, 1995 (P.L.604, No.61), known as the State Fire Commissioner
Act, and which are set forth under Subchapter E, are hereby
transferred to and vested in the [commissioner] commission.
(b) Transfer.--There are transferred to the [commissioner]
commission, to be used, employed and expended in connection with
the functions, powers and duties enumerated in subsection (a),
personnel, contractual obligations, if any, mortgages, liens,
encumbrances and any other secured interests, 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 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 Community Affairs under Subchapter E and
transferred to the agency by Reorganization Plan No.7 of 1981
(P.L.615) and to the State Fire Commissioner by the former State
Fire Commissioner Act.
(c) Regulations.--The Volunteer Loan Assistance Program
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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] commission from the
agency. [The commissioner shall fully implement and administer
those regulations on or before January 12, 1996.] The
[commissioner] commission may be substituted for the agency and
the former State Fire Commissioner 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.
Section 7. Section 7386 of Title 35 is repealed:
[§ 7386. Fire Safety Advisory Committee.
(a) Creation.--
(1) There is created the Fire Safety Advisory Committee
to assist the commissioner. The committee shall consist of
nine members, as 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
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of Representatives.
(2) Members of the committee 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.
(b) Expenses.--Members of the committee shall receive
reimbursement for reasonable travel, hotel and other necessary
expenses incurred in the performance of their duties in
accordance with Commonwealth regulations.]
Section 8. Sections 7387, 7711(c), (d) and (f) and 7713 of
Title 35 are amended to read:
§ 7387. Appropriations.
All appropriations for the [commissioner] commission shall be
by a separate line item in the General Appropriation Act.
§ 7711. Firefighters' Memorial Flag.
* * *
(c) Use of flag.--The Firefighters' Memorial Flag may be
displayed over firefighters' memorials, during firefighter
funeral processions and from the poles of any public ground or
political subdivision for a period of not more than seven days
after the death of a firefighter and as further directed by the
[Pennsylvania] State Fire [Commissioner] Commission.
(d) Agency responsibility.--The Pennsylvania Emergency
Management Agency, through the [Office of the Pennsylvania]
State Fire [Commissioner] Commission, shall maintain the
official flag and have the responsibility to implement the
provisions of this section and oversee the production,
acquisition and distribution of the flag.
* * *
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(f) Appropriation.--The moneys necessary for the production,
acquisition and distribution of the Firefighters' Memorial Flag
in the first year shall be paid from period appropriations from
the Pennsylvania Emergency Management Agency's budget as funds
are required to support memorializing firefighters in this
Commonwealth. Such funds are to be allocated to a segregated
account maintained by the State Fire [Commissioner] Commission.
§ 7713. Prohibition on certain service.
A person convicted of violating 18 Pa.C.S. § 3301 (relating
to arson and related offenses) or any similar offense under
Federal or State law shall be prohibited from serving as a
firefighter in this Commonwealth and shall be prohibited from
being certified as a firefighter under Subchapter F of Chapter
73 (relating to State Fire [Commissioner] Commission). Proof of
nonconviction must consist of either of the following:
(1) An official criminal history record check obtained
under 18 Pa.C.S. Ch. 91 (relating to criminal history record
information) indicating no arson convictions.
(2) A dated and signed statement by the person swearing
to the following:
I have never been convicted of an offense that
constitutes the crime of "arson and related offenses"
under 18 Pa.C.S. § 3301 or any similar offense under
any Federal or State law. I hereby certify that the
statements contained herein are true and correct to
the best of my knowledge and belief. I understand
that if I knowingly make any false statement herein,
I am subject to penalties prescribed by law,
including, but not limited to, a fine of at least
$1,000.
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Section 9. The definition of "commissioner" 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
context clearly indicates otherwise:
* * *
"Commission." The State Fire Commission.
["Commissioner." The State Fire Commissioner.]
* * *
Section 10. Sections 7811, 7813(a.1), (a.2) and (d)(2) and
7814 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] commission. Grants provided under this program
shall be used to improve and enhance the capabilities of the
fire company to provide firefighting, ambulance and rescue
services.
§ 7813. Award of grants.
* * *
(a.1) Additional uses for paid municipal fire companies.--In
addition to the authorized uses under subsection (a), the
[commissioner] commission may establish additional authorized
uses of grant funds for paid municipal fire companies.
Additional authorized uses established under this subsection
must be published in the Pennsylvania Bulletin and on the
[commissioner's] commission's publicly accessible Internet
website.
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(a.2) Additional grants.--Each fire company with not more
than 20 members who are certified by the National Board on Fire
Service Professional Qualifications or by the International Fire
Service Accreditation Congress and are verified by the
Pennsylvania State Fire Academy at a minimum level of
Firefighter 1 on or before July 1 of the year of the grant
application shall be eligible to receive additional grants under
a certification bonus point system as administered by the
[commissioner] commission.
* * *
(d) Eligibility.--To receive grant funds under this chapter,
a fire company must:
* * *
(2) Be actively participating in the Pennsylvania Fire
Information Reporting System under a signed agreement. The
[commissioner] commission shall develop and publish
guidelines specifying the criteria necessary to determine the
level of participation in the Pennsylvania Fire Information
Reporting System to remain eligible for grant funds.
§ 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,]
this chapter or under Subchapter E of Chapter 73 (relating to
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volunteer fire company, ambulance service and rescue squad
assistance). 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] commission, 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
former Volunteer Fire Company, Ambulance Service and Rescue
Squad Assistance Act, or under Subchapter E of Chapter 73, 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.
Section 11. The definition of "commissioner" in section
79A03 of Title 35 is amended and the section is amended by
adding a definition to read:
§ 79A03. 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:
* * *
"Commission." The State Fire Commission.
["Commissioner." The State Fire Commissioner of the
Commonwealth.]
* * *
Section 12. Sections 79A11(d) and 79A22(b) of Title 35 are
amended to read:
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§ 79A11. Program authorization.
* * *
(d) Specific notice.--A municipality that establishes a tax
credit under this chapter shall notify the [commissioner]
commission in the manner prescribed by the [commissioner]
commission.
§ 79A22. Service record.
* * *
(b) Review.--Service logs established and maintained by
volunteer fire companies or nonprofit emergency medical services
agencies shall be subject to periodic review by the
[commissioner] commission, the Auditor General, the governing
body where the volunteer fire company or nonprofit emergency
medical services agency is located and the governing body where
the volunteer fire company or nonprofit emergency medical
services agency provides services.
Section 13. A reference in any other act to the State Fire
Commissioner or Office of the State Fire Commissioner shall be
deemed a reference to the State Fire Commission.
Section 14. This act shall take effect in 60 days.
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