1Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2reenacted and amended, "An act defining the liability of an
3employer to pay damages for injuries received by an employe
4in the course of employment; establishing an elective
5schedule of compensation; providing procedure for the
6determination of liability and compensation thereunder; and
7prescribing penalties," further providing for workers'
8compensation benefits for certain emergency medical services
9personnel.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 601(a)(1), (2) and (3) and (c) of the act
13of June 2, 1915 (P.L.736, No.338), known as the Workers'
14Compensation Act, reenacted and amended June 21, 1939 (P.L.520,
15No.281) and amended July 11, 1980 (P.L.577, No.121), are amended
16to read:

17Section 601. (a) In addition to those persons included
18within the definition of the word "employe" as defined in
19section 104, "employe" shall also [include:<-] mean and 
20compensation shall be paid to:

<-1(1) members of volunteer fire departments or volunteer fire
2companies, including any paid fireman who is a member of a
3volunteer fire company and performs the services of a volunteer
4fireman for another department or company during off-duty hours,
5who shall be entitled to receive compensation in case of
6injuries received while actively engaged as firemen or while
7going to or returning from a fire which the fire company or fire
8department attended including travel from and the direct return
9to a fireman's home, place of business or other place where he
10shall have been when he received the call or alarm or while
11participating in instruction fire drills in which the fire
12department or fire company shall have participated or while
13repairing or doing other work about or on the fire apparatus or
14buildings and grounds of the fire company or fire department
15upon the authorization of the chief of the fire company or fire
16department or other person in charge or while answering any
17emergency calls for any purpose or while riding upon the fire
18apparatus which is owned or used by the fire company or fire
19department or while performing any other duties of such fire
20company or fire department as authorized by the responding
21municipality or while performing duties imposed by section 15,
22act of April 27, 1927 (P.L.465, No.299), referred to as the Fire
23and Panic Act;

24(2) [all] members of volunteer [ambulance corps of the
25various municipalities who shall be and are hereby declared to
26be employes of such] emergency medical services agencies, as
27provided for under 35 Pa.C.S. § 8103 (relating to definitions),
28who are volunteers, including any paid emergency medical
29responder who is a member of a volunteer emergency medical
30services agency and performs the services of a volunteer

1emergency medical responder for another agency during off-duty
2hours, are employes of the responding municipality for the
3purposes of this act who shall be entitled to receive
4compensation [in the case of] for injuries received while
5[actually engaged as ambulance corpsmen] in the performance of
6their duties as emergency medical responders or while going to
7or returning from any fire, accident, or other emergency which
8such [volunteer ambulance corps] emergency medical responder
9shall attend including travel from and the direct return to a
10[corpsman's] emergency medical responder's home, place of
11business or other place where he shall have been when he
12received the call or alarm; or while participating [in ambulance
13corps] with an emergency medical services agency of which they
14are members; or while repairing or doing other work about or on
15the ambulance apparatus or buildings and grounds of such
16[ambulance corps] emergency medical services agency upon the
17authorization of the [corps] agency's president or other person
18in charge; or while answering any emergency call for any purpose
19or while riding in or upon the ambulance apparatus owned by the
20[ambulance corps] emergency medical services agency of which
21they are members at any time or while performing any other
22duties of such [ambulance corps] emergency medical responder as
23are authorized by the municipality;

<-24[(1) members of volunteer fire departments or volunteer fire
25companies, including any paid fireman who is a member of a
26volunteer fire company and performs the services of a volunteer
27fireman during off-duty hours, who shall be entitled to receive
28compensation in case of injuries received while actively engaged
29as firemen or while going to or returning from a fire which the
30fire company or fire department attended including travel from

1and the direct return to a fireman's home, place of business or
2other place where he shall have been when he received the call
3or alarm or while participating in instruction fire drills in
4which the fire department or fire company shall have
5participated or while repairing or doing other work about or on
6the fire apparatus or buildings and grounds of the fire company
7or fire department upon the authorization of the chief of the
8fire company or fire department or other person in charge or
9while answering any emergency calls for any purpose or while
10riding upon the fire apparatus which is owned or used by the
11fire company or fire department or while performing any other
12duties of such fire company or fire department as authorized by
13the municipality or while performing duties imposed by section
1415, act of April 27, 1927 (P.L.465, No.299), referred to as the
15Fire and Panic Act;

16(2) all members of volunteer ambulance corps of the various
17municipalities who shall be and are hereby declared to be
18employes of such municipality for the purposes of this act who
19shall be entitled to receive compensation in the case of
20injuries received while actually engaged as ambulance corpsmen
21or while going to or returning from any fire, accident, or other
22emergency which such volunteer ambulance corps shall attend
23including travel from and the direct return to a corpsman's
24home, place of business or other place where he shall have been
25when he received the call or alarm; or while participating in
26ambulance corps of which they are members; or while repairing or
27doing other work about or on the ambulance apparatus or
28buildings and grounds of such ambulance corps upon the
29authorization of the corps president or other person in charge;
30or while answering any emergency call for any purpose or while

1riding in or upon the ambulance apparatus owned by the ambulance
2corps of which they are members at any time or while performing
3any other duties of such ambulance corps as are authorized by
4the municipality;]

5(1) An individual who is a member of a volunteer fire
6company or department who suffers injury while actively engaged
7in the following:

8(i) performing a fire suppression activity;

9(ii) going to or returning from a fire that the volunteer
10fire company or department attended, including travel from and
11the direct return to a firefighter's home, place of business or
12other place where the member must have been when the member
13received the call or alarm;

14(iii) participating in fire company sanctioned training;

15(iv) repairing or doing other work about or on the fire
16apparatus or buildings and grounds of the fire company or
17department sanctioned by the fire chief or other individual in
18charge;

19(v) answering an emergency call for any purpose;

20(vi) riding upon the fire apparatus;

21(vii) performing another duty of the fire company or
22department as authorized by the host municipality; or

23(viii) performing a duty imposed by section 15 of the act of
24April 27, 1927 (P.L.465, No.299), referred to as the Fire and
25Panic Act.

26As used in this paragraph, the term shall include a paid
27firefighter employed by a public agency as defined by the Fair
28Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et
29seq.) who is a member of a volunteer fire company or department
30in the employe's off-duty time and performs a duty provided

1under this section strictly as a member of the volunteer fire
2company or department.

3(2) An individual who is a member of a volunteer ambulance
4service as defined under 35 Pa.C.S. § 7802 (relating to
5definitions) who suffers injury while actively engaged in the
6following:

7(i) performing duties as an emergency medical services
8provider;

9(ii) going to or returning from a fire, accident or other
10emergency that the volunteer ambulance service attends,
11including travel from and the direct return to an emergency
12medical services provider's home, place of business or other
13place where the member must have been when the call or alarm was
14received;

15(iii) participating in a volunteer ambulance service-
16sanctioned training;

17(iv) repairing or doing work about or on the ambulance or
18buildings and grounds of the volunteer ambulance service as
19sanctioned by the chief, president or individual in charge;

20(v) answering an emergency call for any purpose or while
21riding in or upon the ambulance owned by the volunteer ambulance
22service; or

23(vi) performing another duty of the volunteer ambulance
24service as authorized by the municipality.

25As used in this paragraph, the term shall include a paid 
26emergency medical services provider as defined under 35 Pa.C.S. 
27§ 8103 (relating to definitions) who is a member of a volunteer 
28ambulance service and during off-duty hours performs services 
29for an independently chartered non-profit volunteer ambulance 
30service as provided under this section strictly as a member of
 

1the volunteer ambulance service.

2[(3) members of volunteer rescue and lifesaving squads of
3the various municipalities who shall be and are hereby declared
4to be employes of such municipalities for the purposes of this
5act and who shall be entitled to receive compensation in the
6case of injuries received while actually engaged as a rescue and
7lifesaving squad member attending to any emergency to which that
8squad has been called or responded including travel from and the
9direct return to a squad person's home, place of business or
10other place where he shall have been when he received the call
11or alarm or while participating in rescue and lifesaving drills
12in which the squad is participating; while repairing or doing
13other work about or on the apparatus, buildings and grounds of
14such rescue and lifesaving squad upon the authorization of the
15chief or other person in charge; or while riding in or upon the
16apparatus of the rescue and lifesaving squad and at any time
17while performing any other duties authorized by the
18municipality;]

19(3) An<- individual who is a member of a volunteer rescue or 
20lifesaving squad, including a volunteer river rescue company who 
21suffers injury while actively engaged in the following:

22(i) attending an emergency to which the squad has been
23called or responded including travel from and the direct return
24to a squad member's home, place of business or other place where
25the member must have been when the call or alarm was received;

26(ii) participating in rescue and lifesaving training
27sanctioned by the volunteer rescue or lifesaving squad or
28volunteer river rescue company;

29(iii) repairing or doing other work about or on the squad
30vehicle, buildings, grounds or equipment of the volunteer rescue

1and lifesaving squad or volunteer river rescue company as
2sanctioned by the chief or other individual in charge;

3(iv) riding in or upon the squad vehicle of the volunteer
4rescue, lifesaving or river rescue company; or

5(v) performing another duty authorized by the municipality.

6* * *

7(c) Whenever any member of a volunteer fire company,
8volunteer fire department, volunteer [ambulance <-[corps]
9emergency medical services agency service, [or<-] rescue and
10lifesaving squad <-or river rescue is injured in the performance
11of duties in State Parks and State Forest Land, [they] the 
12member shall be deemed to be an employe of the <-[Department of
13Environmental Resources<-] Commonwealth.

14* * *

15Section 2. Section 602 of the act, added June 19, 2002
16(P.L.419, No.60), is amended to read:

17Section 602. (a) The following shall apply:

18(1) A municipality or an area of a municipality which
19receives emergency services pursuant to a contract, standing
20agreement or arrangement from a volunteer emergency service
21provider located in a host<- or responding municipality shall
22reimburse the host municipality under the provisions of either
23clause (2) or (3).

24(2) Reimbursement under clause (1) shall be for a portion of
25the cost of the workers' compensation premiums covering the
26members of the volunteer emergency service provider. The
27appropriate portion of the cost shall be determined as follows:

28(i) Determine the population ratio of the municipality or
29the area of the municipality receiving emergency services to the
30entire population (host <-or responding municipality and the

1municipality or the area of the municipality) receiving
2emergency services from the volunteer emergency service
3provider. The following shall apply:

4(A) No segment of the population of the municipality or area
5of the municipality receiving emergency services may be included
6in more than one service area for purposes of calculating the
7ratio under subclause (i).

8(B) If the first due area for fire protection services and
9the first due area for emergency medical services differ within
10a municipality or an area of a municipality receiving emergency
11services, then the ratio under subclause (i) shall be calculated
12using the first due area for fire protection services.

13(ii) Multiply the ratio under subclause (i) by the host <-or 
14responding municipality's entire cost of the workers'
15compensation premium for covering volunteer members of the
16volunteer emergency [service<-] services provider.

17(3) The host <-or responding municipality and the municipality
18receiving the emergency services may agree to share the cost on
19some other basis.

20(b) As used in this section:

21"Emergency services" shall mean any of the following:

22(i) Fire protection services.

23[(ii) Ambulance services.<-]

24(iii) Emergency medical services.

25[(iv) Quick response services.<-]

26(v) Emergency management services.

27[(vi) Rescue and lifesaving services<-, including river rescue 
28services.<-]

29(vii) Hazardous material support services.

30(viii) Certified hazardous materials response services.

1"Host <-or responding municipality" shall mean a municipality
2that is responsible for workers' compensation premiums for an
3emergency service provider located within its corporate
4boundaries.

5"Volunteer emergency service provider" shall mean any of the
6following:

7(i) A volunteer fire company.

8(ii) [A volunteer ambulance [corps] <-An emergency medical 
9services agency as defined under 35 Pa.C.S. § 8103 (relating to 
10definitions) <-company or service.

<-11[(iii) A volunteer quick response service.

12(iv) A volunteer rescue and lifesaving squad<-, including a 
13volunteer river rescue service.<-]

14(v) A volunteer hazardous materials support team.

15(vi) A volunteer certified municipal emergency management
16coordinator.

17(vii) A volunteer hazardous materials response team.

18Section 3. This act shall take effect immediately.