PRIOR PRINTER'S NO. 519 PRINTER'S NO. 2853
No. 481 Session of 2001
INTRODUCED BY MAITLAND, FLEAGLE, GEORGE, HENNESSEY, NICKOL,
B. SMITH, SOLOBAY, TIGUE AND E. Z. TAYLOR, FEBRUARY 6, 2001
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 2001
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," further providing for rescue
8 volunteers.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 601 of the THE act of June 2, 1915 <--
12 (P.L.736, No.338), known as the Workers' Compensation Act,
13 reenacted and amended June 21, 1939 (P.L.520, No.281), is
14 amended by adding a clause SECTION to read: <--
15 Section 601. * * * <--
16 (e) Each municipality which does not have a fire company,
17 ambulance corps, quick response service, rescue and lifesaving
18 squad, hazardous material support team or a certified municipal
19 emergency management coordinator, or hazardous materials
20 response team located within its corporate limits and which
1 receives fire protection services, ambulance services including
2 emergency medical services and quick response services,
3 emergency management services, rescue and lifesaving services,
4 hazardous material support services or certified hazardous
5 materials response services from the volunteer fire company,
6 volunteer ambulance corps, volunteer quick response service,
7 volunteer rescue and lifesaving squad, municipal emergency
8 management coordinator, volunteer hazardous material support
9 service or certified hazardous materials response team of
10 another municipality pursuant to a contract, standing agreement
11 or arrangement shall reimburse the municipality in which the
12 volunteer fire company, volunteer ambulance corps, volunteer
13 quick response service, volunteer rescue and lifesaving squad,
14 municipal emergency management coordinator, volunteer hazardous
15 material support service or certified hazardous materials
16 response team is located for a portion of the cost of the
17 workers' compensation premiums covering members of the volunteer
18 fire company, volunteer ambulance corps, volunteer quick
19 response service, volunteer rescue and lifesaving squad,
20 municipal emergency management coordinator, volunteer hazardous
21 material support service or certified hazardous materials
22 response team. The appropriate portion of the cost shall be
23 determined by multiplying the entire cost of the premium by the
24 percentage that the individual municipality's population served
25 by such volunteer fire company, volunteer ambulance corps,
26 volunteer quick response service, volunteer rescue and
27 lifesaving squad, municipal emergency management coordinator,
28 volunteer hazardous material support service or certified
29 hazardous materials response team bears to the total population
30 served by such volunteer fire company, volunteer ambulance
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1 corps, volunteer quick response service, volunteer rescue and
2 lifesaving squad, municipal emergency management coordinator,
3 volunteer hazardous material support service or certified
4 hazardous materials response team: Provided, however, That no
5 segment of the population shall be included in more than one
6 service area for purposes of calculating workers' compensation
7 premiums under this clause. In the event that the "first due
8 area" for fire response and emergency medical service response
9 differ within a municipality, then payments by that municipality
10 shall be calculated using the first due area for fire response.
11 Nothing in this clause shall prevent the municipalities from
12 agreeing to share the cost on some other basis.
13 SECTION 602. (A) THE FOLLOWING SHALL APPLY: <--
14 (1) A MUNICIPALITY OR AN AREA OF A MUNICIPALITY WHICH
15 RECEIVES EMERGENCY SERVICES PURSUANT TO A CONTRACT, STANDING
16 AGREEMENT OR ARRANGEMENT FROM A VOLUNTEER EMERGENCY SERVICE
17 PROVIDER LOCATED IN A HOST MUNICIPALITY SHALL REIMBURSE THE HOST
18 MUNICIPALITY UNDER THE PROVISIONS OF EITHER CLAUSE (2) OR (3).
19 (2) REIMBURSEMENT UNDER CLAUSE (1) SHALL BE FOR A PORTION OF
20 THE COST OF THE WORKERS' COMPENSATION PREMIUMS COVERING THE
21 MEMBERS OF THE VOLUNTEER EMERGENCY SERVICE PROVIDER. THE
22 APPROPRIATE PORTION OF THE COST SHALL BE DETERMINED AS FOLLOWS:
23 (I) DETERMINE THE POPULATION RATIO OF THE MUNICIPALITY OR
24 THE AREA OF THE MUNICIPALITY RECEIVING EMERGENCY SERVICES TO THE
25 ENTIRE POPULATION (HOST MUNICIPALITY AND THE MUNICIPALITY OR THE
26 AREA OF THE MUNICIPALITY) RECEIVING EMERGENCY SERVICES FROM THE
27 VOLUNTEER EMERGENCY SERVICE PROVIDER. THE FOLLOWING SHALL APPLY:
28 (A) NO SEGMENT OF THE POPULATION OF THE MUNICIPALITY OR AREA
29 OF THE MUNICIPALITY RECEIVING EMERGENCY SERVICES MAY BE INCLUDED
30 IN MORE THAN ONE SERVICE AREA FOR PURPOSES OF CALCULATING THE
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1 RATIO UNDER SUBCLAUSE (I).
2 (B) IF THE "FIRST DUE AREA" FOR FIRE PROTECTION SERVICES AND
3 THE "FIRST DUE AREA" FOR EMERGENCY MEDICAL SERVICES DIFFER
4 WITHIN A MUNICIPALITY OR AN AREA OF A MUNICIPALITY RECEIVING
5 EMERGENCY SERVICES, THEN THE RATIO UNDER SUBCLAUSE (I) SHALL BE
6 CALCULATED USING THE "FIRST DUE AREA" FOR FIRE PROTECTION
7 SERVICES.
8 (II) MULTIPLY THE RATIO UNDER SUBCLAUSE (I) BY THE HOST
9 MUNICIPALITY'S ENTIRE COST OF THE WORKERS' COMPENSATION PREMIUM
10 FOR COVERING MEMBERS OF THE VOLUNTEER EMERGENCY SERVICE
11 PROVIDER.
12 (3) THE HOST MUNICIPALITY AND THE MUNICIPALITY RECEIVING THE
13 EMERGENCY SERVICES MAY AGREE TO SHARE THE COST ON SOME OTHER
14 BASIS.
15 (B) AS USED IN THIS SECTION:
16 "EMERGENCY SERVICES" SHALL MEAN ANY OF THE FOLLOWING:
17 (I) FIRE PROTECTION SERVICES.
18 (II) AMBULANCE SERVICES.
19 (III) EMERGENCY MEDICAL SERVICES.
20 (IV) QUICK RESPONSE SERVICES.
21 (V) EMERGENCY MANAGEMENT SERVICES.
22 (VI) RESCUE AND LIFESAVING SERVICES.
23 (VII) HAZARDOUS MATERIAL SUPPORT SERVICES.
24 (VIII) CERTIFIED HAZARDOUS MATERIALS RESPONSE SERVICES.
25 "HOST MUNICIPALITY" SHALL MEAN A MUNICIPALITY THAT IS
26 RESPONSIBLE FOR WORKERS' COMPENSATION PREMIUMS FOR AN EMERGENCY
27 SERVICE PROVIDER LOCATED WITHIN ITS CORPORATE BOUNDARIES.
28 "VOLUNTEER EMERGENCY SERVICE PROVIDER" SHALL MEAN ANY OF THE
29 FOLLOWING:
30 (I) A VOLUNTEER FIRE COMPANY.
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1 (II) A VOLUNTEER AMBULANCE CORPS.
2 (III) A VOLUNTEER QUICK RESPONSE SERVICE.
3 (IV) A VOLUNTEER RESCUE AND LIFESAVING SQUAD.
4 (V) A VOLUNTEER HAZARDOUS MATERIALS SUPPORT TEAM.
5 (VI) A VOLUNTEER CERTIFIED MUNICIPAL EMERGENCY MANAGEMENT
6 COORDINATOR.
7 (VII) A VOLUNTEER HAZARDOUS MATERIALS RESPONSE TEAM.
8 Section 2. This act shall take effect in 30 days.
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