PRINTER'S NO. 1232
No. 1058 Session of 2003
INTRODUCED BY CLYMER, ALLEN, ARMSTRONG, BAKER, BALDWIN, BARRAR, BASTIAN, BELFANTI, BUNT, CAPPELLI, CAUSER, CAWLEY, CIVERA, CORRIGAN, COSTA, CRAHALLA, CREIGHTON, DAILEY, DALEY, DALLY, DeWEESE, D. EVANS, FLICK, FREEMAN, GABIG, GEIST, GOODMAN, GORDNER, HARHAI, HARPER, HENNESSEY, HERSHEY, HESS, HORSEY, JAMES, KENNEY, LAUGHLIN, LEACH, LEDERER, LEH, LYNCH, MACKERETH, MARSICO, McCALL, NAILOR, PETRI, PICKETT, READSHAW, REICHLEY, ROHRER, ROSS, RUBLEY, SAINATO, SATHER, SAYLOR, SCAVELLO, SCHRODER, SEMMEL, B. SMITH, R. STEVENSON, T. STEVENSON, E. Z. TAYLOR, THOMAS, TIGUE, TURZAI, WANSACZ, WATSON, WILT, WOJNAROSKI, YOUNGBLOOD AND YUDICHAK, APRIL 2, 2003
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 2, 2003
AN ACT 1 Providing for certain emergency services reimbursements. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Emergency 6 Services Responder Reimbursement Act. 7 Section 2. Legislative findings and declaration. 8 (a) Findings enumerated.--The General Assembly finds as 9 follows: 10 (1) Emergency services providers in this Commonwealth, 11 especially volunteers, have and are experiencing ever- 12 increasing financial burdens.
1 (2) The increasing financial burdens and costs are 2 having an adverse and serious negative impact upon 3 maintaining, sustaining and providing emergency services. 4 (3) Volunteer emergency service organizations can no 5 longer realistically afford or be expected to exist and 6 provide services at a financial loss. 7 (b) Declaration.--The General Assembly declares as follows: 8 (1) It is vital to establish for our emergency services 9 providers a mechanism and process whereby they can be 10 reimbursed financially for real and reasonable expenses 11 related to responding to emergency situations, incidents and 12 events or to intentional false alarms. 13 (2) Such a process and mechanism should be self- 14 supporting. 15 Section 3. Definitions. 16 The following words and phrases when used in this act shall 17 have the meanings given to them in this section unless the 18 context clearly indicates otherwise: 19 "Emergency communication center." An officially recognized 20 and approved Federal, State, county or municipal operation whose 21 purpose is to receive emergency calls; to determine the 22 appropriate agency, equipment and/or vehicles required to 23 respond to these calls; and then to dispatch the appropriate 24 agency, equipment and/or emergency vehicle or vehicles to the 25 location of the emergency situation, incident or event. 26 "Emergency service." A municipal, public, private or 27 nonprofit service whose purpose is to respond to emergency 28 situations, incidents and events and provide emergency or 29 nonemergency assistance and service to the public. These 30 emergency services shall include, but are not limited to, 20030H1058B1232 - 2 -
1 hazardous materials response units, fire services, ambulances, 2 heavy and light rescue squad units, quick response units and 3 other related vehicles used in the normal operation of an 4 emergency service. 5 "Emergency situation, incident or event." A disaster; 6 hazardous materials incident; fire; industrial or private 7 security or fire alarm systems; industrial accidents; auto 8 accidents; medical emergencies; nonemergency calls for medical 9 assistance; or to any other situation, incident or event that 10 does or may present a potential danger and or threat to the 11 health and safety of members of the public. 12 "False alarm." A willfully fraudulent and intentional 13 transmission or request for a response by a volunteer emergency 14 services organization where the person making the transmission 15 or request knows there is no need for the transmission or 16 request. A person transmitting or requesting a response by a 17 volunteer emergency services organization who perceives or feels 18 there could be or may be a need for the transmission or request 19 shall not be considered to have transmitted or requested a 20 willfully fraudulent and intentional false alarm. 21 "Municipal emergency services department." A fire 22 department, ambulance service or rescue squad established, 23 operated and funded by the municipality. 24 "Officially recognized dispatch." The dispatch of a 25 volunteer emergency services organization by an officially 26 recognized and approved emergency communication center or 27 response to a special call or request from the Pennsylvania 28 State Police or local police whether it comes through an 29 emergency communication center or not. A volunteer emergency 30 services organization that responds to a special call or request 20030H1058B1232 - 3 -
1 from the Pennsylvania State Police or local police that has not 2 come through an officially recognized and approved emergency 3 communication center must be approved by an officially 4 recognized emergency communication center prior to responding to 5 the special call or request. Upon notification by a volunteer 6 emergency services organization of a request for dispatch, the 7 emergency communication center shall approve the response and 8 assign a dispatch number to the volunteer emergency services 9 organization and then contact the municipal emergency services 10 department, organization or person making the request to confirm 11 the request. 12 "Person." Includes a corporation, partnership, business 13 trust, other association, governmental entity other than the 14 Commonwealth, estate, trust, foundation or natural person. 15 "Volunteer ambulance service." A nonprofit chartered 16 corporation, association or organization located in this 17 Commonwealth which is regularly engaged in the service of 18 providing emergency medical care and transportation of patients. 19 "Volunteer emergency service organization." An organization 20 which is a volunteer fire company, volunteer ambulance service, 21 volunteer rescue squad or volunteer hazardous material response 22 team. 23 "Volunteer fire company." A nonprofit chartered 24 organization, association or organization located in this 25 Commonwealth which provides fire protection services, including 26 fire police services, and other volunteer emergency service 27 within this Commonwealth. Volunteer emergency service provided 28 by a volunteer fire company may include volunteer ambulance and 29 volunteer rescue service. 30 "Volunteer hazardous material response team." A nonprofit 20030H1058B1232 - 4 -
1 chartered corporation, association or organization located in 2 this Commonwealth whose members are specially trained to respond 3 to accidents or situations where hazardous or toxic material are 4 released into the environment. 5 "Volunteer rescue squad." A nonprofit chartered corporation, 6 association or organization located in this Commonwealth which 7 provides rescue service in this Commonwealth. 8 Section 4. Requirement to pay for response to emergencies. 9 (a) Party liable for volunteer emergency services 10 organization responses.--A person involved in an emergency 11 situation, incident or event that necessitates a response from a 12 volunteer emergency services organization shall be liable for 13 the real and reasonable costs incurred by the volunteer 14 emergency services organization. 15 (b) Party liable for fire department responses.--A person 16 involved in an emergency situation, incident or event that 17 necessitates a response from a municipal fire department, 18 ambulance service or rescue squad shall be liable for the real 19 and reasonable costs incurred by the paid fire department unless 20 the person is a resident of or taxpayer in the municipality 21 where the incident occurs. 22 (c) Party responsible for false alarms.--A person who makes 23 or transmits a false alarm which results in a response by a 24 volunteer emergency services organization shall be liable for 25 real and reasonable costs incurred by the volunteer emergency 26 services organization in responding to the false alarm. These 27 costs would be in addition to any fines or penalties imposed by 28 the State or municipality for false alarms. 29 Section 5. County office of emergency services reimbursement. 30 (a) Establishment.--Each county shall establish and maintain 20030H1058B1232 - 5 -
1 an office of emergency services reimbursement. 2 (b) Powers, duties and procedures.-- 3 (1) The county offices of emergency services 4 reimbursement shall process and file reimbursement claims for 5 the volunteer emergency services organizations and municipal 6 emergency services department in their respective county, in 7 accordance with regulations promulgated for the 8 administration of the act and utilize a standard form for the 9 volunteer emergency services organizations and municipal 10 emergency services departments in its county when applying 11 for reimbursement. 12 (2) Volunteer emergency services organizations and 13 municipal emergency services departments may apply for real 14 and reasonable reimbursement for costs related to responding 15 to calls dispatched by an officially recognized and approved 16 emergency communication center as authorized in section 4. 17 (3) A volunteer emergency services organization or 18 municipal emergency services department wishing reimbursement 19 for costs related to an officially recognized dispatch shall 20 apply to the county office of emergency services 21 reimbursement where the emergency situation, incident, event 22 or false alarm occurred. A volunteer emergency service or 23 municipal emergency services organization involved in mutual 24 aid may be considered for reimbursement, in accordance with 25 regulations promulgated for the administration of this act. 26 (4) In those instances where a volunteer emergency 27 services organization or municipal emergency services 28 department from one county responds into another county, the 29 request for reimbursement shall be forwarded to the county 30 office where the emergency situation, incident, event or 20030H1058B1232 - 6 -
1 false alarm occurred. 2 (5) Upon receipt of requests for reimbursement 3 compensation, the county office of emergency services 4 reimbursement shall determine real and reasonable costs, in 5 accordance with regulations promulgated for the 6 administration of this act, and then forward a bill for 7 reimbursement directly to the person responsible for causing 8 the situation, incident, event or false alarm. 9 (6) When a person receives a bill for reimbursement from 10 a county office of emergency services reimbursements, the 11 person shall be responsible for payment. If the person is 12 forwarding the bill for reimbursement to an insurance 13 company, the person must notify the county office of 14 emergency services reimbursement from which the bill for 15 reimbursement was received. Forwarding the bill for 16 reimbursement to an insurance company does not relieve the 17 person from financial responsibility for payment. 18 (7) Upon receipt of payment of claims, the county office 19 for emergency services reimbursement shall reimburse, 20 according to services rendered and need to respond, those 21 volunteer emergency services organizations or municipal 22 emergency services departments who applied for reimbursement 23 in accordance with regulations promulgated for the 24 administration of this act. 25 Section 6. Funding. 26 Each county office of emergency services reimbursement shall 27 be funded by the retaining of an amount up to 10% of each claim 28 settled. This amount shall be used by the county office of 29 emergency services reimbursement for operating and 30 administrative costs. Remaining funds shall be disbursed in 20030H1058B1232 - 7 -
1 accordance with section 5. 2 Section 7. Rules and regulations. 3 The rules and regulations necessary for the implementation of 4 this act shall be established as follows: 5 (1) The Pennsylvania Emergency Management Agency, in 6 consultation with volunteer emergency services organizations, 7 shall promulgate rules and regulations pertaining to 8 reimbursing volunteer fire companies, volunteer hazardous 9 material response teams and municipal fire departments. 10 (2) The Department of Health in consultation with 11 volunteer emergency services organizations shall promulgate 12 rules and regulations under this act pertaining to 13 reimbursing volunteer ambulance services and municipal 14 ambulance departments. 15 Section 8. Penalties. 16 Volunteer emergency services organizations filing false 17 requests for reimbursement commit a summary offense and, upon 18 conviction, shall be fined up to $100 for each false request. 19 Section 9. Repeals. 20 All acts and parts of acts are repealed insofar as they are 21 inconsistent with this act. 22 Section 10. Effective date. 23 This act shall take effect in 180 days. A27L16JLW/20030H1058B1232 - 8 -