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                                                      PRINTER'S NO. 1232

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.





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