Pennsylvania Act 1974-264 — FIRE FORCE DISBANDED IN FAVOR OF VOLUNTEERS

Act text

FIRE FORCE DISBANDED IN FAVOR OF VOLUNTEERS
                 Act of Dec. 10, 1974, P.L. 802, No. 264              Cl. 53
           (Reenacted and amended May 9, 1980, P.L.116, No.44)

                                  AN ACT

     Prohibiting the disbanding of a paid fire force in favor of
        having such services performed by volunteers; and providing
        for the conduct of a referendum.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  No county, city, borough, town or township which
     has paid employes on its fire force, including but not limited
     to fire apparatus operators, except by referendum, shall disband
     such fire force in favor of having such services performed by
     volunteers.
        Section 1.1.  (a)  Whenever authorized by ordinance of the
     governing body, or upon petition of the registered voters of any
     municipality to the county board of electors of the county
     wherein the municipality is located, an election shall be held
     in the municipality upon the following question:
            Shall the (county, city, borough, town or township) of
            __________________ disband the paid fire force in favor
            of having fire protection services performed by
            volunteers?
        The petition calling for such election shall be in the form
     required by subsection (b), hereof, and shall be signed by
     electors of the municipality comprising twenty per cent of the
     number of electors registered to vote in the municipality.
        Within five days after the final enactment of an ordinance
     authorizing such election, the municipal clerk or secretary
     shall file a certified copy of the ordinance with the county
     board of elections, together with a copy of the question to be
     submitted to the electors. At the next municipal or general or
     primary election occurring not less than the thirteenth Tuesday
     after the filing of the ordinance or the petition with the
     county election board, it shall cause the appropriate question
     above stated to be submitted to the electors of the municipality
     as other questions are submitted under the provisions of the act
     of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania
     Election Code."
        (b)  A referendum petition under this section shall be filed
     not later than the thirteenth Tuesday prior to the election, and
     the petition and the proceedings therein shall be in the manner
     and subject to the provisions of the election laws which relate
     to the signing, filing and adjudication of nomination petitions
     insofar as such provisions are applicable, except that no
     petition shall be signed or circulated prior to the twentieth
     Tuesday before the election nor later than the thirteenth
     Tuesday before the election.
        (c)  A city of the third class may conduct a referendum under
     the provisions of this section or, at the option of city
     council, under the provisions of Article X of the act of June
     23, 1931 (P.L.932, No.317), known as "The Third Class City
     Code."
        Section 2.  This act shall take effect immediately.