PRIOR PRINTER'S NO. 433 PRINTER'S NO. 1401
No. 369 Session of 2007
INTRODUCED BY FAIRCHILD, MELIO, BEYER, PAYNE, CAUSER, ARGALL, BAKER, BELFANTI, BOYD, CALTAGIRONE, CAPPELLI, COHEN, DALEY, EVERETT, FABRIZIO, FREEMAN, GEIST, GEORGE, GILLESPIE, GINGRICH, GOODMAN, GRELL, GRUCELA, HARHAI, HARRIS, HENNESSEY, HERSHEY, HESS, HICKERNELL, HUTCHINSON, KILLION, MAJOR, MARKOSEK, MARSICO, McILHATTAN, MICOZZIE, MILLARD, R. MILLER, MUNDY, MURT, NAILOR, O'NEILL, PETRARCA, PETRI, PETRONE, PHILLIPS, PYLE, RAPP, REICHLEY, ROAE, SAINATO, SCAVELLO, SIPTROTH, SONNEY, STABACK, TRUE, VEREB, WALKO, WOJNAROSKI, YOUNGBLOOD AND DENLINGER, FEBRUARY 13, 2007
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 23, 2007
AN ACT 1 Amending the act of June 24, 1976 (P.L.424, No.101), entitled, 2 as amended, "An act providing for the payment of death 3 benefits to the surviving spouse or children or parents of 4 firefighters, ambulance service or rescue squad members, law 5 enforcement officers or National Guard members who die as a 6 result of the performance of their duties," further providing 7 for the payment of death benefits to members of emergency 8 personnel teams. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 1(a), (a.1), (c) and (d) of the act of 12 June 24, 1976 (P.L.424, No.101), referred to as the Emergency 13 and Law Enforcement Personnel Death Benefits Act, amended or 14 added April 12, 2002 (P.L.213, No.20) and October 6, 2005 15 (P.L.319, No.59), are amended to read: 16 Section 1. (a) In the event a law enforcement officer,
1 ambulance service or rescue squad member, firefighter, certified 2 hazardous material response team member or National Guard member 3 dies as a result of the performance of his duties, such 4 political subdivision, Commonwealth agency or, in the case of 5 National Guard members, the Adjutant General, within 30 days 6 from the date of death, shall submit certification of such death 7 to the Commonwealth. 8 (a.1) A firefighter, ambulance service or rescue squad 9 member, law enforcement officer, certified hazardous material 10 response team member or National Guard member who suffers a 11 fatal heart attack or stroke while on duty or not later than 24 12 hours after participating in a physical training exercise or 13 responding to an emergency is presumed to have died as a result 14 of the performance of his duties for purposes of this act. 15 * * * 16 (c) A volunteer ambulance service, certified hazardous 17 material response team or rescue squad member shall be deemed to 18 be acting in the performance of his duties for the purposes of 19 this act going to or directly returning from an emergency which 20 the ambulance service, certified hazardous material response 21 team or rescue squad attended including travel from and direct 22 return to an ambulance service, certified hazardous material 23 response team or rescue squad member's home, place of business 24 or other place where he or she shall have been when he or she 25 received the call or alarm or while participating in drills in 26 which the ambulance service, certified hazardous material 27 response team or rescue squad shall have participated or while 28 repairing or doing other work about or on any emergency vehicle 29 or buildings and grounds of the ambulance service, certified 30 hazardous material response team or rescue squad upon the 20070H0369B1401 - 2 -
1 authorization of the chief of the ambulance service, certified 2 hazardous material response team or rescue squad or other person 3 in charge while answering any emergency calls for any purpose or 4 while riding upon any vehicles which are owned or used by the 5 ambulance service, certified hazardous material response team or 6 rescue squad. 7 (d) Upon receipt of such certification, the Commonwealth 8 shall, from moneys payable out of the General Fund, pay to the 9 political subdivision the sum of $100,000, adjusted in 10 accordance with subsection (f) of this section. If the deceased 11 was a member of a team organized under a Commonwealth agency, 12 the death benefit shall be paid to the Commonwealth agency 13 instead of the political subdivision. Within five days of 14 receipt of said sum from the Commonwealth, the political 15 subdivision or Commonwealth agency shall pay such sum as a 16 benefit to the surviving spouse, or if there is no surviving 17 spouse, to the minor children of the firefighter, ambulance 18 service, certified hazardous material response team member or 19 rescue squad member or law enforcement officer who died as a 20 result of the performance of his duty. When no spouse or minor 21 children survive, the benefit shall be paid to the parent or 22 parents of such firefighter, ambulance service, certified 23 hazardous material response team member or rescue squad member 24 or law enforcement officer. 25 * * * 26 Section 2. Section 2 of the act is amended by adding an 27 introductory paragraph and a definition DEFINITIONS to read: <-- 28 Section 2. The following words and phrases when used in this 29 act shall have the meanings given to them in this section unless 30 the context clearly indicates otherwise: 20070H0369B1401 - 3 -
1 "Certified hazardous material response team member" means a 2 person who is part of a group of individuals who are certified 3 and organized by a Commonwealth agency, a local agency or a 4 regional hazardous material organization for the primary purpose 5 of providing emergency response services WHICH IS DISPATCHED BY <-- 6 A PUBLIC SAFETY ANSWERING POINT to mitigate actual or potential 7 immediate threats to public health and the environment in 8 response to the release or threat of a release of a hazardous 9 material, which is certified, trained and equipped in accordance 10 with the act of December 7, 1990 (P.L.639, No.165), known as the 11 Hazardous Material Emergency Planning and Response Act. 12 Hazardous material response team members WHO ARE DISPATCHED BY A <-- 13 PUBLIC SAFETY ANSWERING POINT may also be certified to perform 14 stabilization actions needed to remove threats to public health 15 and the environment from hazardous material releases. A MEMBER <-- 16 OF A FOR-PROFIT HAZARDOUS MATERIAL RESPONSE TEAM THAT WAS NOT 17 DISPATCHED BY A PUBLIC SAFETY ANSWERING POINT, IS ACTING AS AN 18 AGENT ON BEHALF OF THE SPILLER OR RESPONSIBLE PARTY OR IS 19 RESPONSIBLE FOR POST-EMERGENCY OR NONEMERGENCY RESPONSE 20 HAZARDOUS MATERIALS/HAZARDOUS WASTE CLEAN-UP ACTIVITIES IS NOT 21 ELIGIBLE FOR COMPENSATION THAT IS PROVIDED FOR UNDER THIS ACT. 22 * * * 23 "PUBLIC SAFETY ANSWERING POINT" MEANS THE PENNSYLVANIA 24 EMERGENCY MANAGEMENT AGENCY-APPROVED FIRST POINT AT WHICH CALLS 25 FOR EMERGENCY ASSISTANCE FROM INDIVIDUALS ARE ANSWERED, OPERATED 26 24 HOURS A DAY. 27 Section 3. This act shall take effect in 60 days. A12L40JKL/20070H0369B1401 - 4 -