PRINTER'S NO. 589
No. 516 Session of 2007
INTRODUCED BY BOYD, SOLOBAY, KILLION, SIPTROTH, PYLE, R. MILLER,
KAUFFMAN, CAPPELLI, CAUSER, PHILLIPS, HENNESSEY, HICKERNELL,
PALLONE, CALTAGIRONE, McILHATTAN, R. STEVENSON, GRUCELA,
O'NEILL, SURRA, HUTCHINSON, KOTIK, BARRAR, BASTIAN, STURLA,
MARSICO, TRUE, M. KELLER, GEIST AND GIBBONS, MARCH 6, 2007
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 6, 2007
AN ACT
1 Relating to the reimbursement of municipalities for cleanup
2 costs incurred as a result of certain events; providing for
3 liability insurance coverage; and providing for penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Municipal
8 Government Emergency Services Reimbursement Act.
9 Section 2. Legislative findings and declaration.
10 The General Assembly finds and declares as follows:
11 (1) Municipal and volunteer emergency services
12 organizations are experiencing ever-increasing financial
13 burdens.
14 (2) The increasing financial burdens and costs are
15 having an adverse and seriously negative impact upon
16 maintaining and providing adequate emergency services
1 response capabilities for communities across this
2 Commonwealth.
3 (3) Municipal and volunteer emergency services
4 organizations can no longer realistically afford or be
5 expected to exist and provide services at a financial loss.
6 (4) It is vital to establish for our municipal and
7 volunteer emergency services providers a mechanism and
8 process whereby they can be reimbursed financially for real
9 and reasonable expenses related to responding to emergency
10 situations, incidents or events.
11 (5) Such a process and mechanism should be self-
12 supporting.
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Emergency situation, incident or event." An automobile
18 accident that necessitates fire suppression, rescue services or
19 emergency site cleanup services by a municipal or volunteer
20 emergency services organization.
21 "Municipal emergency services organization." A fire company,
22 rescue squad or hazardous material response team that is funded
23 and operated by a municipality.
24 "Officially recognized dispatch." Either of the following:
25 (1) The dispatch of a municipal or volunteer emergency
26 services organization by an officially recognized and
27 approved emergency communication center or response to a
28 special call or request from the Pennsylvania State Police or
29 local police, regardless of whether the call or request comes
30 through an emergency communications center where the
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1 emergency communication center approves the response and
2 assigns a dispatch number to the municipal or volunteer
3 emergency services organization and then contacts the
4 municipal or volunteer emergency services department,
5 organization or person making the request to confirm the
6 request.
7 (2) The response of a municipal or volunteer emergency
8 services organization to a call or request from the
9 Pennsylvania State Police or local police that has not come
10 through an officially recognized and approved emergency
11 communication center prior to the special call or request.
12 "Person." The term includes a corporation, partnership,
13 business trust, other association, governmental entity other
14 than the Commonwealth, estate, trust, foundation or natural
15 person.
16 "Volunteer emergency services organization." A volunteer
17 fire company, volunteer rescue squad or volunteer hazardous
18 material response team.
19 Section 4. Requirement to pay for response to emergencies.
20 A person involved in an emergency situation, incident or
21 event that necessitates a response from a municipal or volunteer
22 emergency services organization shall be liable for the real and
23 reasonable response costs incurred in the response unless the
24 person:
25 (1) has paid to the municipality wherein the municipal
26 or volunteer emergency services organization is located a tax
27 that funds at least in part the municipal or volunteer
28 emergency services; or
29 (2) has made a monetary contribution, as defined by the
30 municipality, to an annual fund drive of the municipal or
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1 volunteer emergency organization recognized by the resident's
2 municipality within the preceding 12 months from the date of
3 the emergency situation, incident or event that necessitates
4 a response from the municipal or volunteer emergency services
5 organization.
6 Section 5. Establishment of reimbursement procedures.
7 (a) Billing.--A municipal government may bill for real and
8 reasonable reimbursement for costs related to an officially
9 recognized dispatch to an emergency situation, incident or event
10 to which a municipal or volunteer emergency services
11 organization responded within the municipal government's
12 borders.
13 (b) Reimbursement.--
14 (1) When a person receives a bill for reimbursement from
15 a municipal government, the person shall be responsible for
16 payment.
17 (2) If the person forwards the bill for reimbursement to
18 an insurance company, the person shall notify the municipal
19 government from which the bill for reimbursement was
20 received.
21 (3) Forwarding the bill for reimbursement to an
22 insurance company does not relieve the person from financial
23 responsibility for payment.
24 (c) Legal process.--
25 (1) If negotiations to recover response costs do not
26 resolve the dispute to the satisfaction of the parties
27 involved, the municipality may recover its response costs in
28 an action at law or in equity brought before a court of
29 competent jurisdiction.
30 (2) If more than one municipality incurs response costs
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1 for the same emergency situation, incident or event, the
2 municipality involved may file a joint action at law or in
3 equity and may designate one such organization to represent
4 the others in the action.
5 (d) Use of funds.--
6 (1) A municipal government may retain no more than 2% of
7 the funds collected from each person's bill for
8 administrative costs. The remainder of this collected bill
9 amount shall be remitted to the volunteer emergency services
10 organization which rendered the emergency response.
11 (2) If the emergency response was performed by a
12 municipal emergency services organization, funds collected
13 may be remitted to the municipality's general operating fund
14 or a designated emergency services fund.
15 Section 6. Liability insurance coverage.
16 A liability insurer that insures any motor vehicle of the
17 type required to be registered under 75 Pa.C.S. (relating to
18 vehicles) shall make available purchase insurance coverage with
19 benefits up to the maximum of $1,000 for real and reasonable
20 expenses related to an emergency situation, incident or event.
21 Section 7. Rules and regulations.
22 The Office of State Fire Commissioner, in consultation with
23 the Fire Safety Advisory Committee established under the act of
24 November 13, 1995 (P.L.604, No.61), known as the State Fire
25 Commissioner Act, shall promulgate rules and regulations
26 pertaining to the real and reasonable expenses related to
27 emergency situations, incidents or events that are eligible for
28 reimbursement by municipal and volunteer emergency services
29 organizations.
30 Section 8. Penalties.
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1 A municipal government that files a false request for
2 reimbursement commits a summary offense and shall, upon
3 conviction, be sentenced to pay a fine of not more than $100 for
4 each false request.
5 Section 9. Effective date.
6 This act shall take effect in 180 days.
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