PRINTER'S NO. 1261
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
908
Session of
2019
INTRODUCED BY REGAN, ARGALL, BLAKE, GORDNER, MARTIN, MENSCH,
PHILLIPS-HILL AND STEFANO, OCTOBER 18, 2019
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
OCTOBER 18, 2019
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 and providing for fire relief formula
study.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Subchapter B of Chapter 74 of
Title 35 of the Pennsylvania Consolidated Statutes is amended to
read:
SUBCHAPTER B
FIRE RELIEF ASSOCIATION
Section 2. Section 7412 of Title 35 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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* * *
"Length of service award program." A program established to
provide tax-deferred income benefits to active volunteer members
of a fire service.
* * *
Section 3. Section 7413 introductory paragraph and (1) 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
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.
* * *
(8) Financial assistance to recruit and retain volunteer
firefighters.
Section 4. Section 7416(a) and (f)(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
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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
political subdivision.
* * *
(f) Use.--Funds of any volunteer firefighters' relief
association may be spent:
* * *
(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].
* * *
(18) To provide financial assistance for activities and
materials needed to aid in the recruitment and retention of
volunteer firefighters.
(19) To establish and pay for length of service award
programs.
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(20) To pay for facilities for storage of emergency
vehicles, equipment, training and meetings.
(21) To pay for vehicles used for emergency response.
(22) To purchase equipment used for emergency response.
(23) 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 departments or
municipalities.
Section 5. Section 7418(b) of Title 35 is amended to read:
§ 7418. Audits.
* * *
(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 6. Title 35 is amended by adding a section to read:
§ 7419.1. Fire relief formula study.
(a) Study.--The Fire Safety 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
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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
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, 2020, 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 7. This act shall take effect in six months.
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