Bill Text: PA SB1325 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for discontinuation of volunteer emergency services.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-11-22 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [SB1325 Detail]

Download: Pennsylvania-2011-SB1325-Introduced.html

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PRINTER'S NO. 1817
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1325 Session of2011
INTRODUCED BY WAUGH, ERICKSON, ALLOWAY, FONTANA, RAFFERTY, SCHWANK, BOSCOLA, BAKER, PILEGGI, SOLOBAY, COSTA, BROWNE, TARTAGLIONE AND FERLO, NOVEMBER 22, 2011
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, NOVEMBER 22, 2011
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for discontinuation of
volunteer emergency services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7505. Discontinuation of volunteer emergency services.
(a) General rule.--A municipality shall not discontinue the
services of a volunteer fire company or volunteer ambulance
service authorized by the municipality to operate within the
municipality except in accordance with this section.
(b) Notice of intent to discontinue.--The governing body of
the municipality shall publish in a newspaper of general
circulation once a week for two successive weeks a notice of
intent to discontinue the services of a volunteer fire company
or volunteer ambulance service. The notice shall contain the
name and address of the volunteer fire company or volunteer
ambulance service proposed to be discontinued and the date,
time, and location of the special public meeting as provided in
subsection (c). On the date of first publication, the notice
shall be posted at the principal office of the municipality and
mailed to the governing body of each adjoining municipality and
the presiding officers of all emergency service providers
operating within the municipality or within adjoining
municipalities.
(c) Special public meeting.--No later than 30 days after the
second publication as provided in subsection (b), the governing
body of the municipality shall commence a special public meeting
devoted solely to discussion of the discontinuation. The public
shall have an opportunity to comment during the meeting in
accordance with 65 Pa.C.S. § 710.1 (relating to public
participation). Notwithstanding any other provision of law,
representatives of emergency service organizations shall be
entitled to address the governing body at the meeting. The
meeting shall be continued and reconvened if necessary to permit
comment in accordance with this subsection, provided that in no
event shall the special meeting be concluded later than 30 days
after commencement.
(d) Vote on discontinuation.--No later than 30 days after
the conclusion of the special public meeting as provided in
subsection (c), the governing body shall vote on the issue of
discontinuation at a public meeting. If the procedures of the
municipality or any law require additional administrative action
or the enactment, amendment, or repeal of an ordinance or
resolution to effectuate the discontinuation, the procedures or
action may be initiated after, or in a manner to coincide with,
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the vote, and the required additional action shall be undertaken
in conformity with the vote. The discontinuation shall occur no
sooner than 180 days after the vote as provided in this
subsection or the effective date of any required additional
action, whichever shall occur later, unless the discontinued
volunteer fire company or volunteer ambulance service agrees in
writing to a modification of the date specified.
(e) Limitation on applicability of section.--Except as
otherwise provided, nothing in this section shall be construed
to affect the powers and duties of municipalities to provide for
emergency services or emergency management in accordance with
this title or any other law, including the power to authorize an
emergency service provider formerly discontinued in accordance
with this section to operate within the municipality.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Discontinuation." The prohibition by a municipality of a
volunteer fire department or volunteer ambulance service from
providing emergency services in any part of the municipality.
"Emergency service organization." The Pennsylvania
Department of Health, a county communications center, the county
volunteer fire fighter's association, the county fire chief's
association, regional emergency medical services council, any
adjoining municipal governing body, and any municipal or
volunteer fire, rescue, ambulance or other emergency service
organization operating within, or immediately adjacent to, the
municipality considering discontinuation.
"Municipality." Any city, borough, incorporated town,
township, or a home rule municipality which was formerly a city,
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borough, incorporated town, or township.
Section 2. This act shall take effect in 60 days.
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