act-1976-0-208•Pennsylvania Act 1976-208 — VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE ACT
Pennsylvania Act 1976-208 — VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE ACT
act-1976-0-2081976 Pa. Act 208Law
Act text
VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE ACT
Act of Jul. 15, 1976, P.L. 1036, No. 208 Cl. 72
AN ACT
Authorizing indebtedness, with the approval of the electors, 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. (Title amended
Feb. 5, 2004, P.L.50, No.5)
TABLE OF CONTENTS
Section 1. Short Title.
Section 2. Legislative Findings; Declaration of Purpose.
Section 3. Definitions.
Section 4. Assistance to Volunteer Fire Companies,
Ambulance Service and Rescue Squads.
Section 5. Volunteer Companies Loan Fund.
Section 6. Powers and Duties of the Agency.
Section 7. Authority to Borrow.
Section 8. Bonds, Issue, Maturity, Interest, Etc.
Section 9. Sale of Bonds.
Section 10. Refunding Bonds.
Section 11. Disposition and Use of Proceeds.
Section 12. Registration of Bonds.
Section 13. Information to General Assembly.
Section 14. Volunteer Company Loan Sinking Fund;
Investments.
Section 15. Expenses of Preparation, Issue and Sale
of Bonds.
Section 16. Volunteer Company Loan Sinking Fund.
Section 17. Quorum.
Section 18. Temporary Financing Authorization.
Section 18.1. Referendum for Additional Indebtedness.
Section 18.2. Authorization of contracts; reimbursement
procedure and amount.
Section 18.3. Reimbursement procedure and amount (Deleted
by amendment).
Section 18.4. Appropriations (Repealed).
Section 19. Appropriation.
Section 20. Effective Date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short Title.--This act shall be known and may be
cited as the "Volunteer Fire Company, Ambulance Service and
Rescue Squad Assistance Act."
Section 2. Legislative Findings; Declaration of Purpose.--
(a) The General Assembly finds as a fact that pursuant to the
provisions of section 7(a)(3) of Article VIII of the
Pennsylvania Constitution the voters of the Commonwealth
approved by referenda on November 4, 1975, the incurring of
indebtedness of $10,000,000 and on November 3, 1981, approved
the incurring of an additional $15,000,000 of indebtedness and
on November 6, 1990, approved the incurring of an additional
$25,000,000 of indebtedness 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.
(a.1) The General Assembly also finds that, pursuant to the
provisions of section 7(a)(3) of Article VIII of the
Constitution of Pennsylvania, on November 5, 2002, the voters of
this Commonwealth approved by referendum the incurring of
indebtedness for the establishment of a program that utilizes
capital and other related methods to enhance and improve the
delivery of volunteer fire and volunteer emergency services in
this Commonwealth. The General Assembly further finds that the
use of up to $50,000,000 of such indebtedness to expand the
existing program providing for loans to volunteer fire
companies, volunteer ambulance services, and volunteer rescue
squads as authorized under this act is an appropriate use of
such indebtedness.
(b) It is the purpose of this act 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 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 subsection (e)
of section 18.1 of this act; as well as 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
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 the Commonwealth pursuant
to and to execute the above favorable referenda. The General
Assembly has determined that volunteer fire companies are most
in need of loans, and therefor 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 loans provided under this act be used to replace
outmoded or unsafe equipment and buildings of volunteer
companies, and that loans be provided to volunteer companies
which are experiencing a need for equipment or facilities to
meet an increasing demand for a higher level of service in the
communities which they serve.
(2 amended Feb. 5, 2004, P.L.50, No.5)
Section 3. Definitions.--As used in this act:
"Accessory equipment" means fire fighting, ambulance, rescue
equipment necessary to carry out its ordinary functions of
supporting fires, life, and rescue activities.
"Agency" means the Pennsylvania Emergency Management Agency.
(Def. added Feb. 5, 2004, P.L.50, No.5)
"Apparatus equipment" means elevated equipment, pumpers,
tankers, ladder trucks, utility or special service vehicles,
ambulances, rescue vehicles or other large equipment used for
fire fighting and emergency. (Def. amended June 13, 1980,
P.L.217, No.65)
"Communications equipment" means any voice or original
transmission system required to support the operation of the
volunteer fire company, volunteer ambulance service and
volunteer rescue squad.
"Department" (Def. deleted by amendment Feb. 5, 2004, P.L.50,
No.5)
"Establishing," in the context of establishing or modernizing
facilities, means both the construction of new buildings and the
acquisition or renovation of existing structures. (Def. added
Oct. 31, 1995, P.L.340, No.55)
"Facilities" means facilities used to house fire fighting
equipment, ambulances and rescue vehicles and shall not include
meeting halls, social rooms, or any other facilities not
directly related to fire fighting.
"National Fire Protection Association (NFPA) standards" means
apparatus and equipment, including personal protective
equipment, shall be deemed to meet the requirements of
compliance with the applicable standards of the National Fire
Protection Association (NFPA) provided:
(1) New apparatus shall be constructed to meet or exceed the
standards in effect at the time of manufacture.
(2) Used fire fighting apparatus shall:
(i) in no instance meet lesser requirements than the
standards for apparatus adopted by the National Fire Protection
Association in 1991; and
(ii) beginning with the effective date of this amendatory
act, meet the National Fire Protection Association standards for
apparatus in effect at the time of original manufacture,
provided, however, that no loans shall be considered or made for
apparatus that cannot meet the National Fire Protection
Association standards in effect no more than 12 years prior to
the date of the application for loan financing.
(3) New equipment shall meet or exceed the standards in
effect at the time of original manufacture.
(4) Used equipment shall meet or exceed the standards in
effect at the time of original manufacture; however, no loans
for used equipment shall be considered or made for equipment
more than five years old at the time of application for loan
assistance.
(5) In every instance, used equipment and apparatus shall
meet the applicable National Fire Protection Association
standards, as required above, at the time loan funds are
advanced.
(Def. added June 25, 1999, P.L.231, No.32)
"Protective equipment" means any equipment used by fire
fighters, volunteer ambulance service personnel or volunteer
rescue service personnel, to protect their person from injury
while performing their functions, including but not limited to
helmets, turnout coats and pants, boots, eyeshields, gloves and
self-contained respiratory protection units.
"Rescue vehicle" means any vehicle, whether a motor vehicle
or a watercraft, used for rescue services. (Def. added July 11,
1990, P.L.415, No.100)
"Utility or special service vehicle" means a vehicle carrying
accessory equipment including but not limited to ladders, oxygen
equipment, generators and adaptors, floodlights, smoke ejectors,
and other equipment necessary to perform the ordinary functions
of supporting fire fighting activities. (Def. added June 13,
1980, P.L.217, No.65)
"Volunteer ambulance service" means any nonprofit chartered
corporation, association, or organization located in this
Commonwealth and which is regularly engaged in the service of
providing emergency medical care and transportation of patients.
"Volunteer fire company" means any nonprofit chartered
corporation, association or organization located in this
Commonwealth which provides fire protection services and other
voluntary emergency services within the Commonwealth. Voluntary
emergency services provided by a volunteer fire company may
include voluntary ambulance and voluntary rescue services.
"Volunteer rescue service" means any nonprofit chartered
corporation, association or organization located in this
Commonwealth which provides rescue services in the Commonwealth.
"Volunteer Companies Loan Fund" means the fund established
under this act.
Section 4. Assistance to Volunteer Fire Companies, Ambulance
Service and Rescue Squads.--(a) The agency is hereby
authorized, upon application of any volunteer fire company,
volunteer ambulance service and volunteer rescue squad, to make
loans to said volunteer companies for the following purposes:
(Into. par. amended Feb. 5, 2004, P.L.50, No.5)
(1) Establishing or modernizing facilities that house fire
fighting 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
shall not exceed 50% of the total cost of the facilities or
modernization or $200,000, 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. ((1) amended Oct. 31,
1995, P.L.340, No.55)
(2) Purchasing fire fighting apparatus, ambulances or rescue
vehicles. The amount of a loan made for purchasing fire fighting
apparatus, to any one volunteer fire company shall not exceed
$100,000 for any single fire fighting apparatus equipment or
utility or special service vehicle or heavy duty rescue vehicle
as defined by regulation, or 50% of the total cost of the
equipment or vehicle, whichever is less except for loans for
aerial apparatus as defined by regulation, which shall not
exceed $150,000. The amount of a loan made to any one volunteer
fire company, ambulance service or rescue squad for any
ambulance or light duty rescue vehicle as defined by regulation
shall not exceed $50,000 and for a watercraft rescue vehicle
shall not exceed $15,000 or 50% of the cost of the ambulance or
rescue vehicle, 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 vehicle in
unobligated funds. ((2) amended July 11, 1990, P.L.415, No.100)
(3) Purchasing protective, accessory or communication
equipment. No volunteer fire company, ambulance service or
rescue squad 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
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 act shall be equipped with a frequency or frequencies
licensed by the Federal Communications Commission for fire
fighting or emergency response purpose. A notarized financial
statement shall be filed and loans under this act for the
purchase of protective, accessory or communicative equipment
shall not exceed $10,000. ((3) amended May 11, 1982, P.L.407,
No.118)
(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 (NFPA), and the repair and/or rehabilitation of such
equipment will bring it in compliance with NFPA standards; loans
for the repair or rehabilitation for a single apparatus
equipment shall not be for less than $1,000 or more than $35,000
or 80% of the total cost of repair or rehabilitation whichever
is less.
(6) Purchasing of used fire fighting apparatus, equipment,
used ambulances, used rescue vehicles, used communications
equipment, used accessory equipment or used protective
equipment: Provided, however, That the used vehicles and
equipment shall meet the National Fire Protection Association
(NFPA) standards: And provided further, that loans for the
purchase of a used single apparatus equipment shall not exceed
$60,000 or 80% of the total cost of the equipment, whichever is
less.
Loans under this act may be made for any of the purposes of
this subsection undertaken by a volunteer fire company,
volunteer ambulance service and volunteer rescue squad on or
after November 4, 1975.
((6) amended Feb. 5, 2004, P.L.50, No.5)
(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 $2,000 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 of the State Fire Commissioner shall develop,
at its discretion, such procedures and forms as it may deem
necessary to facilitate loans for PennFIRS hardware and
software. Such loans shall be secured as required by law. ((7)
added June 25, 1999, P.L.231, No.32)
((a) amended June 13, 1980, P.L.217, No.65)
(b) Loans made by the agency in the amount of $15,000 or
less shall be for a period of not more than five years. Loans in
excess of $15,000 but for $50,000 or less shall be for a period
of not more than ten years. The payback period of any loan in
excess of $50,000, except a loan for establishing or modernizing
facilities, shall not exceed 15 years. The payback period for
any loan in excess of $100,000 for establishing or modernizing
facilities shall not exceed 20 years. Loans shall be subject to
the payment of interest at 2% per annum and shall be subject to
such security as shall be determined by the agency. 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 agency and transferred to the Volunteer Companies 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 $5,000. ((b)
amended Feb. 5, 2004, P.L.50, No.5)
(c) Every application for a loan under this act shall be
accompanied by a notarized financial statement of the volunteer
fire company, ambulance service or rescue squad; and a financial
plan to show amount of assets and projected revenues for the
repayment of the loan, any other obligations of the volunteer
company, and operating expense 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 company and other loans or
sources of revenue. If a volunteer fire company, ambulance
service or rescue squad is unable to meet the 20% requirement of
subsection (a), then a political subdivision which is served by
the volunteer 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
company. ((c) amended June 13, 1980, P.L.217, No.65)
(d) Loans under this act shall be used for the acquisition
by volunteer 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 fire fighting
equipment, ambulance or rescue vehicles or 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 under this act be made or
used to reduce any debt or other obligations issued prior to the
effective date of this act. ((d) amended Oct. 31, 1995, P.L.340,
No.55)
(e) Loans made by the agency shall be paid from the
Volunteer Companies Loan Fund to the volunteer fire companies,
ambulance services and rescue squads in accordance with rules
and regulations promulgated by the agency. ((e) amended Feb. 5,
2004, P.L.50, No.5)
(f) All payments of interest on said loans and the principal
thereof shall be deposited by the agency in the Volunteer
Companies Loan Fund. ((f) amended Feb. 5, 2004, P.L.50, No.5)
(g) A volunteer fire company, ambulance service and rescue
squad shall be eligible for a loan under this act regardless of
legal ownership in whole or 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 under this act 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
agency. ((g) amended Feb. 5, 2004, P.L.50, No.5)
(h) 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
for the purchase of fire fighting apparatus, ambulances or
rescue vehicles manufactured or assembled in this Commonwealth
may exceed the loan limits set forth in this section by $10,000.
((h) added July 11, 1990, P.L.415, No.100)
Section 5. Volunteer Companies Loan Fund.--(a) There is
hereby created a special fund in the Treasury Department to be
known as the "Volunteer Companies Loan Fund" to which shall be
credited all appropriations made by the General Assembly other
than appropriations for expenses of administering this act or
grants from other sources to the agency as well as repayment of
principal and interest on loans made pursuant to this act.
(b) Upon approval of the loan, the agency shall routinely
requisition from the Volunteer Companies Loan Fund such amounts
as shall be allocated by the agency for loans to volunteer
companies. When and as the amounts so allocated as loans to
volunteer companies are repaid pursuant to the terms of the
agreements made and entered into with the agency, the agency
shall pay such amounts into the Volunteer Companies Loan Fund,
it being the intent of this act 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 act.
(5 amended Feb. 5, 2004, P.L.50, No.5)
Section 6. Powers and Duties of the Agency.--(a) The powers
and duties of the agency shall be:
(1) to appoint agents, employees, necessary to the
administration of this act, and to prescribe their duties and to
fix their compensation within the limitations provided by law;
(2) to accept grants from the Federal Government and any
other individual, agency, or government for use in the Volunteer
Companies Loan Fund;
(3) to loan money over a term of years, but in no case in
excess of 20 years; and
(4) to promulgate such rules and regulations as it deems
necessary to carry out its powers and duties under this act.
(b) The powers and duties of the agency may be:
(1) to require security for all loans; and
(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 act to pay all or any part of the purchase price, as
the agency may require by regulation.
(6 amended Feb. 5, 2004, P.L.50, No.5)
Section 7. Authority to Borrow.--Pursuant to the provisions
of section 7(a)(3) of Article VIII of the Pennsylvania
Constitution and the referenda approved by the electorate on
November 4, 1975, November 3, 1981, November 6, 1990, and
November 5, 2002, the Governor, Auditor General and State
Treasurer are hereby authorized and directed to borrow, on the
credit of the Commonwealth, money not exceeding in the aggregate
the sum of $100,000,000 to implement this act, 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," and 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 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," as well as 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
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."
(7 amended Feb. 5, 2004, P.L.50, No.5)
Section 8. Bonds, Issue, Maturity, Interest, Etc.--(a) As
evidence of the indebtedness herein authorized, general
obligation bonds of the Commonwealth of Pennsylvania shall be
issued from time to time for such total amounts, in such form,
in such denominations, and subject to such terms and conditions
of issue, redemption and maturity, rate or rates of interest,
and time of payment of interest, as the Governor, Auditor
General and State Treasurer shall direct, except that the latest
stated maturity date shall not exceed 30 years from the date of
the bond first issued for each such series.
(b) All bonds issued under the authority of this act shall
bear facsimile signatures of the Governor, Auditor General and
State Treasurer, and a facsimile of the Great Seal of the
Commonwealth of Pennsylvania, and shall be countersigned by two
duly authorized officers of the duly authorized loan and
transfer agents of the Commonwealth.
(c) All bonds issued in accordance with the provisions of
this act shall be direct obligations of the Commonwealth of
Pennsylvania, and the full faith and credit of the Commonwealth
are hereby pledged for the payment of the interest thereon as
the same shall become due and the payment of the principal
thereof at maturity. All bonds issued under the provisions of
this act shall be exempt from taxation for State and local
purposes. The principal of and interest on such bonds shall be
payable in lawful money of the United States of America.
(d) Such bonds may be issued as coupon bonds or registered
as to both principal and interest as the issuing officials may
determine. If interest coupons are attached, they shall contain
the facsimile signature of the State Treasurer.
(e) The issuing officials shall provide for the amortization
of the bonds in substantial and regular amounts over the term of
the debt: Provided, That the first retirement of principal shall
be stated to mature prior to the expiration of a period of time
equal to one-tenth of the time from the date of the first
obligation issue to evidence such debt to the date of the
expiration of the term of the debt. Retirements of principal
shall be regular and substantial if made in annual or semiannual
amounts whether by stated serial maturities or by mandatory
sinking fund retirements computed in accordance with either a
level annual debt service plan, as nearly as may be, or upon the
equal annual maturities plan.
(f) The Governor, the Auditor General and the State
Treasurer shall proceed to have the necessary bonds prepared and
printed. The bonds, as soon as they are prepared and printed,
shall be forthwith deposited with the duly authorized loan and
transfer agent of the Commonwealth, there to remain until sold
in accordance with the provisions of this act.
Section 9. Sale of Bonds.--(a) Whenever bonds are so
issued, they shall be offered for sale at not less than 98% of
the principal amount and accrued interest and shall be sold by
the Governor, the Auditor General and State Treasurer to the
highest and best bidder or bidders after due public
advertisement, on such terms and conditions and upon such open
competitive bidding, as the Governor, Auditor General and State
Treasurer shall direct. The manner and character of such
advertisement and the times of advertising shall be prescribed
by the Governor, the Auditor General and the State Treasurer.
(b) Any portion of any bond issue so offered and not sold or
subscribed for may be disposed of by private sale by the
Governor, the Auditor General and the State Treasurer, in such
manner and at such prices, not less than 98% of the principal
amount and accrued interest, as the Governor shall direct. No
commission shall be allowed or paid for the sale of any bonds
issued under the authority of this act.
(c) When bonds are issued from time to time, the bonds of
each issue shall constitute a separate series to be designated
by the issuing officials or may be combined for sale as one
series with other general obligation bonds of the Commonwealth.
Section 10. Refunding Bonds.--The Governor, Auditor General
and the State Treasurer are hereby authorized to provide, by
resolution, for the issuance of refunding bonds for the purpose
of refunding any bonds issued under the provisions of this act
and then outstanding, either by voluntary exchange with the
holders of such outstanding bonds, or to provide funds to redeem
and retire such outstanding bonds with accrued interest and any
premium payable thereon, at maturity or at any call date. The
issuance of such refunding bonds, the maturities and other
details thereof, the rights of the holders thereof, and the
duties of the Governor, Auditor General and the State Treasurer
in respect to the same, shall be governed by the foregoing
provisions of this act, in so far as the same may be applicable.
Refunding bonds may be issued by the Governor, Auditor General
and the State Treasurer to refund bonds originally issued or to
refund bonds previously issued for refunding purposes.
Section 11. Disposition and Use of Proceeds.--(a) The
proceeds realized from the sale of bonds under the provisions of
this act shall be paid into the Volunteer Companies Loan 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, as implemented by this act. The moneys shall
be paid by the State Treasurer periodically to those agencies or
authorities authorized to expend same at such times and in such
amounts as may be necessary to satisfy the funding needs of the
agency or authority.
(b) 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.
(11 amended Feb. 5, 2004, P.L.50, No.5)
Section 12. Registration of Bonds.--The Auditor General
shall prepare the necessary registry book to be kept in the
office of the duly authorized loan and transfer agent of the
Commonwealth for the registration of any bonds, at the request
of owners thereof, according to the terms and conditions of
issue directed by the Governor, the Auditor General and the
State Treasurer. All bonds which are issued without interest
coupons attached shall be registered in the registry books kept
by the duly authorized loan and transfer agent of the
Commonwealth.
Section 13. Information to General Assembly.--It shall be
the duty of the Governor to include in every budget submitted to
the General Assembly, full information relating to the issuance
of bonds under the provisions of this act, and the status of the
sinking fund of the Commonwealth for the payment of the interest
on said bonds and the principal thereof at maturity.
Section 14. Volunteer Company Loan Sinking Fund;
Investments.--All bonds issued under the authority of this
article 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, which is hereby created. For the
specific purpose of redeeming said bonds at maturity and paying
all interest thereon in accordance with the information received
from the Governor, the General Assembly shall appropriate moneys
to the Volunteer Company Loan Sinking Fund for the payment of
interest on said bonds and the principal thereof at maturity.
All moneys paid into the Volunteer Company Loan 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.
Section 15. Expenses of Preparation, Issue and Sale of
Bonds.--There is hereby appropriated to the State Treasurer from
the proceeds of the bonds issued as much moneys as may be
necessary for all costs and expenses in connection with the
issue of and sale and registration of said bonds in connection
with this act.
Section 16. Volunteer Company Loan Sinking Fund.--The
General Assembly shall appropriate an amount equal to moneys
received from the agency pursuant to section 5 and such other
moneys as may be necessary to meet repayment obligations for
principal and interest into the Volunteer Company Loan Sinking
Fund.
Section 17. Quorum.--Whenever in this act any action is to
be taken or decision made by the Governor, the Auditor General
and the State Treasurer, and the three officers shall not be
able unanimously to agree, the action or decision of the
Governor and either the Auditor General or State Treasurer shall
be binding and final.
Section 18. Temporary Financing Authorization.--(a) Pending
the issuance of bonds of the Commonwealth, the Governor, Auditor
General and State Treasurer are authorized on the credit of the
Commonwealth to make temporary borrowings of such moneys as may
from time to time be necessary to carry out the purposes of this
act and are authorized in the name and on behalf of the
Commonwealth to enter into loan or credit agreements with any
banks or trust companies or other lending institutions or
persons in the United States having power to enter into the
same.
(b) All temporary borrowings made under the authority of
this section shall be evidenced by notes of the Commonwealth,
which shall be issued from time to time for such amounts not
exceeding in the aggregate the sum of $100,000,000 in such form
and in such denominations, and subject to such terms and
conditions of issue, prepayment or redemption and maturity, rate
of interest, and time of payment of interest, as the issuing
officials shall direct. All notes issued under the authority of
this section shall bear the facsimile signatures of the issuing
officials and a facsimile of the Great Seal of the Commonwealth
of Pennsylvania, and shall be countersigned by one duly
authorized officer of a duly authorized loan and transfer agent
of the Commonwealth.
(c) All such notes shall be funded and retired by the
issuance and sale of bonds of the Commonwealth to the extent
that payment of such notes has not otherwise been made or
provided for.
(d) The proceeds of all such temporary borrowings shall be
paid into the Volunteer Companies Loan Fund.
(18 amended Feb. 5, 2004, P.L.50, No.5)
Section 18.1. Referendum for Additional Indebtedness.--(a)
The question of incurring indebtedness of $25,000,000 for loans
to volunteer fire companies, volunteer ambulance services and
volunteer rescue squads for the purpose of establishing or
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, shall be submitted to the electors at the
next primary, municipal or general election following enactment
of this act.
(b) The Secretary of the Commonwealth shall forthwith
certify the question to the county boards of election.
(c) The question shall be in substantially the following
form:
Do you favor the incurring of indebtedness of $25,000,000
for loans to volunteer fire companies, volunteer ambulance
services and volunteer rescue squads for the purpose of
establishing or 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?
(d) The election 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 election may be waived as to the
question.
(e) Proceeds of borrowing shall be used through loans to
volunteer fire companies, volunteer ambulance services and
volunteer rescue squads pursuant to and for any purpose
established by this act.
(18.1 added July 11, 1990, P.L.415, No.100)
Section 18.2. Authorization of contracts, reimbursement
procedure and amount.--(a) The Secretary of General Services is
hereby authorized to enter into contracts with local volunteer
fire, ambulance and rescue companies to provide services
necessary to extinguish fires or perform any other allied
services on State-owned property.
(b) The Secretary of Transportation is hereby authorized to
enter into contracts with local volunteer fire, ambulance and
rescue companies to provide services necessary to extinguish
fires or perform any other allied services on limited access
highways, other than the Pennsylvania Turnpike.
(c) Any such contract between the Secretary of General
Services or the Secretary of Transportation and a local
volunteer fire, ambulance and rescue 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 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 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.
(d) Any such contract between the Department of General
Services or the Department of Transportation and a local
volunteer ambulance or rescue 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 company
provided allied services. Any such proceeds payable to the
ambulance or rescue company shall be deducted from the
reimbursement for services provided pursuant to a contract
entered into under this act. Prior to payment for services
rendered, the local volunteer ambulance or rescue company shall
provide proof that they requested reimbursement from collectible
insurance proceeds.
(e) A false alarm on State-owned property to which a
volunteer fire, ambulance or rescue 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.
(18.2 amended Feb. 5, 2004, P.L.50, No.5)
Section 18.3. Reimbursement procedure and amount.--(a) Any
such contract between the Secretary of General Services or the
Secretary of Transportation and a local volunteer fire,
ambulance and rescue 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 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 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.
(b) Any such contract between the Department of General
Services or the Department of Transportation and a local
volunteer ambulance or rescue 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 company
provided allied services. Any such proceeds payable to the
ambulance or rescue company shall be deducted from the
reimbursement for services provided pursuant to a contract
entered into under this act. Prior to payment for services
rendered, the local volunteer ambulance or rescue company shall
provide proof that they requested reimbursement from collectible
insurance proceeds.
(c) A false alarm on State-owned property to which a
volunteer fire, ambulance or rescue 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.
(18.3 added July 11, 1990, P.L.415, No.100)
Section 18.4. Appropriations.--(18.4 repealed Feb. 5, 2004,
P.L.50, No.5)
Section 19. Appropriation.--The sum of $100,000,000 or as
much thereof as is able to be borrowed by temporary financing or
by bonds, is hereby appropriated to the Volunteer Companies Loan
Fund for the purposes set forth in this act. The General
Assembly may make appropriations from time to time to the
Volunteer Companies Loan Fund or to the agency to carry out the
purposes of this act which appropriations shall be continuing
appropriations and shall not lapse.
(19 amended Feb. 5, 2004, P.L.50, No.5)
Section 20. Effective Date.--This act shall take effect
immediately, except that no loan shall be made under this act
until 120 days after the effective date.
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