See other bills
under the
same topic
PRIOR PRINTER'S NO. 1261
PRINTER'S NO. 1288
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
908
Session of
2019
INTRODUCED BY REGAN, ARGALL, BLAKE, GORDNER, MARTIN, MENSCH,
PHILLIPS-HILL, STEFANO, MASTRIANO, J. WARD, SCHWANK, PITTMAN,
KILLION AND BROWNE, OCTOBER 18, 2019
SENATOR REGAN, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AS
AMENDED, OCTOBER 22, 2019
AN ACT
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 AND FURTHER PROVIDING FOR
PENNSYLVANIA VOLUNTEER LOAN ASSISTANCE PROGRAM; 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 SPECIAL PROVISIONS; AND MAKING EDITORIAL CHANGES.
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:
SECTION 1. THE HEADING OF SUBCHAPTER E OF TITLE 35 OF THE
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
SUBCHAPTER E
[VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE
AND RESCUE SQUAD ASSISTANCE]
FIRE AND EMERGENCY MEDICAL SERVICES
LOAN ASSISTANCE 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
20190SB0908PN1288 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20190SB0908PN1288 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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:
20190SB0908PN1288 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 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:
* * *
"EMERGENCY MEDICAL SERVICES COMPANY" OR "EMS COMPANY." A
CAREER, NONPROFIT OR VOLUNTEER EMERGENCY MEDICAL SERVICES
COMPANY.
* * *
"FIRE COMPANY." AN ORGANIZATION SERVING A MUNICIPALITY THAT
EMPLOYS FIREFIGHTERS ON A FULL-TIME OR PART-TIME BASIS. THE TERM
INCLUDES A VOLUNTEER FIRE COMPANY.
"FUND." THE EMERGENCY SERVICES LOAN 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
20190SB0908PN1288 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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]
500,000, 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
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] $300,000 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] $400,000. 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] $200,000 AND FOR A WATERCRAFT
RESCUE VEHICLE SHALL NOT EXCEED [$30,000] $40,000 OR 50% OF
THE COST OF THE AMBULANCE OR RESCUE VEHICLE, WHICHEVER IS
20190SB0908PN1288 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20190SB0908PN1288 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
REHABILITATION FOR A SINGLE APPARATUS EQUIPMENT SHALL BE FOR
AT LEAST [$2,000] $2,500 BUT SHALL NOT EXCEED THE LESSER OF
[$70,000] $75,000 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
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] $150,000 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
20190SB0908PN1288 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
TEN YEARS. LOANS IN EXCESS OF [$30,000] $50,000 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]
$500,000, EXCEPT A LOAN FOR ESTABLISHING OR MODERNIZING
FACILITIES, SHALL NOT EXCEED 20 YEARS. THE PAYBACK PERIOD FOR
ANY LOAN IN EXCESS OF [$200,000] $500,000 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. 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 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 ANNUALLY 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 IN THE NORTHEAST REGION 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
20190SB0908PN1288 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20190SB0908PN1288 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR
THE CHAIR'S DESIGNEE.
(4) THE MINORITY CHAIR OF THE VETERANS AFFAIRS AND
EMERGENCY PREPAREDNESS COMMITTEE OR THE MINORITY CHAIR'S
DESIGNEE.
(5) THE DIRECTOR OF THE BUREAU OF EMERGENCY SERVICES IN
THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH OR THE
DIRECTOR'S DESIGNEE.
(6) A REPRESENTATIVE OF THE PENNSYLVANIA FIRE AND
EMERGENCY SERVICES INSTITUTE.
(7) A REPRESENTATIVE OF THE FIREMANS' 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
20190SB0908PN1288 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PRIOR TO THE EFFECTIVE DATE OF THIS SUBCHAPTER.
(E) PAYMENT.--LOANS MADE BY THE OFFICE SHALL BE PAID FROM
THE [VOLUNTEER COMPANIES LOAN FUND] EMERGENCY SERVICES LOAN
ASSISTANCE FUND TO THE [VOLUNTEER] FIRE COMPANIES[, AMBULANCE
SERVICES AND RESCUE SQUADS] AND EMS COMPANIES IN ACCORDANCE WITH
GUIDELINES AND PROCEDURES DEVELOPED BY THE OFFICE.
(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] EMERGENCY SERVICES LOAN
ASSISTANCE 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
20190SB0908PN1288 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20190SB0908PN1288 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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] FUND FOR THE ADMINISTRATIVE COST
OF IMPLEMENTING THE LOAN PROGRAM UNDER THIS SUBCHAPTER.
(D) RESTRICTION.--MONEY IN THE FUND SHALL NOT BE TRANSFERRED
FOR GENERAL FUND USE BY THE COMMONWEALTH.
§ 7366. POWERS AND DUTIES OF OFFICE.
(A) MANDATORY.--THE OFFICE HAS THE FOLLOWING DUTIES:
* * *
(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.
20190SB0908PN1288 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
§ 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
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
20190SB0908PN1288 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20190SB0908PN1288 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
§ 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] EMERGENCY MEDICAL SERVICES
20190SB0908PN1288 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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 PAID FIRE COMPANIES AND EMERGENCY
MEDICAL SERVICES COMPANIES FOR THE PURPOSE OF ESTABLISHING AND
MODERNIZING FACILITIES TO HOUSE FIREFIGHTING APPARATUS
EQUIPMENT, AMBULANCES AND RESCUE VEHICLES, PROTECTIVE AND
COMMUNICATIONS EQUIPMENT AND ANY OTHER ACCESSORY EQUIPMENT
NECESSARY FOR THE PROPER PERFORMANCE OF SUCH ORGANIZATIONS'
20190SB0908PN1288 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
DUTIES, SHALL BE SUBMITTED TO THE ELECTORATE AT THE NEXT
PRIMARY, MUNICIPAL OR GENERAL ELECTION HELD AFTER NOVEMBER 5,
2019.
(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:
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 FIRE COMPANIES THAT PROVIDE SERVICES
THROUGH PAID PERSONNEL AND EMERGENCY MEDICAL SERVICES
COMPANIES FOR THE PURPOSE OF ESTABLISHING AND MODERNIZING
FACILITIES TO HOUSE FIREFIGHTING 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,
EXCEPT THAT THE TIME LIMITS FOR ADVERTISEMENT OF NOTICE OF THE
REFERENDUM MAY BE WAIVED AS TO THE QUESTION.
(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.
20190SB0908PN1288 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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 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 IN THIS COMMONWEALTH, INCLUDING NOTICE OF THE
PROGRAM AND THE AMOUNTS THAT CAN BE BORROWED UNDER THE PROGRAM.
SECTION 6. SECTION 7385 HEADING, (A) AND (C) OF TITLE 35 ARE
AMENDED TO READ:
§ 7385. PENNSYLVANIA [VOLUNTEER] FIRE AND EMERGENCY LOAN
ASSISTANCE PROGRAM.
20190SB0908PN1288 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(A) CREATION.--THERE SHALL BE A LOAN ASSISTANCE PROGRAM,
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.] COMPANIES AND
EMERGENCY MEDICAL SERVICES COMPANIES).
* * *
[(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.]
SECTION 7. THE HEADING OF SUBCHAPTER B OF CHAPTER 74 OF
TITLE 35 IS AMENDED TO READ:
SUBCHAPTER B
FIRE RELIEF ASSOCIATION
20190SB0908PN1288 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 2 8. 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.
* * *
"Length of service award program." A program established to
provide tax-deferred income benefits to active volunteer members
of a fire service.
* * *
Section 3 9. 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 10. Section 7416(a) and (f)(13) and (14) of Title
20190SB0908PN1288 - 22 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20190SB0908PN1288 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(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.
(24) TO PAY FOR STIPENDS TO VOLUNTEER FIREFIGHTERS, NOT
TO EXCEED $1,500 PER YEAR.
Section 5 11. 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
20190SB0908PN1288 - 24 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
association until the improperly expended amount has been
reimbursed to the relief association fund.
Section 6 12. 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
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.
20190SB0908PN1288 - 25 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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 13. SECTION 7842(B) OF TITLE 35 IS AMENDED TO READ:
§ 7842. SPECIAL PROVISIONS.
* * *
(B) DELINQUENCY.--AN APPLICANT FOR A GRANT UNDER THIS
CHAPTER WHO IS DELINQUENT IN LOAN PAYMENTS TO THE PENNSYLVANIA
[VOLUNTEER LOAN ASSISTANCE PROGRAM ESTABLISHED UNDER THE ACT OF
JULY 15, 1976 (P.L.1036, NO.208), KNOWN AS THE VOLUNTEER FIRE
COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE ACT,]
FIRE AND EMERGENCY MEDICAL SERVICES LOAN ASSISTANCE PROGRAM,
MUST USE ITS GRANT FUNDS TO PAY ANY ARREARS TO THE COMMONWEALTH
OR IT WILL NOT BE QUALIFIED TO RECEIVE A GRANT. ANY ORGANIZATION
THAT FAILS TO COMPLY WITH THIS SUBSECTION SHALL BE DISQUALIFIED
FROM APPLYING TO THE GRANT PROGRAM FOR A PERIOD OF [THREE] FIVE
YEARS.
* * *
Section 7 14. This act shall take effect in six months. AS
FOLLOWS:
(1) THE AMENDMENT OR ADDITION OF THE FOLLOWING SHALL
TAKE EFFECT IN SIX MONTHS:
(I) 35 PA.C.S. CH. 74 SUBCH. B HEADING.
20190SB0908PN1288 - 26 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(II) 35 PA.C.S. § 7412.
(III) 35 PA.C.S. § 7413 INTRODUCTORY PARAGRAPH, (1)
AND (8)
(IV) 35 PA.C.S. § 7416(A) AND (F)(13), (14), (18),
(19), (20), (21), (22), (23) AND (24).
(V) 35 PA.C.S. § 7418(B).
(VI) 35 PA.C.S. § 7419.1.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
20190SB0908PN1288 - 27 -
1
2
3
4
5
6
7
8
9
10