PRINTER'S NO. 1344
No. 1137 Session of 2003
INTRODUCED BY HANNA, BELARDI, CREIGHTON, DeWEESE, FREEMAN, GRUCELA, McCALL, MUNDY, PISTELLA, PRESTON, SCRIMENTI, SHANER, SOLOBAY, STABACK, THOMAS, TIGUE, WANSACZ, WASHINGTON AND YOUNGBLOOD, APRIL 11, 2003
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 11, 2003
AN ACT 1 Providing for reimbursement to certain emergency services 2 providers of the cost of responding to a request for 3 emergency services on certain State-owned lands. 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 Emergency 8 Services Provider Reimbursement Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Department." The Department of Conservation and Natural 14 Resources of the Commonwealth. 15 "Emergency communication center." An officially recognized 16 and approved Federal, State, county or municipal operation whose 17 purpose is to receive emergency calls; to determine the
1 appropriate agency, equipment and/or vehicles required to 2 respond to these calls; and then to dispatch the appropriate 3 agency, equipment and/or emergency vehicle or vehicles to the 4 location of the emergency situation, incident or event. 5 "Emergency services provider." A municipal, public, private 6 or nonprofit service whose purpose is to respond to emergency 7 situations, incidents and events and provide emergency or 8 nonemergency assistance and service to the public. The term 9 includes, but is not limited to, a hazardous materials response 10 unit, fire service, ambulance, heavy and light rescue squad 11 unit, quick response unit and other related vehicle used in the 12 normal operation of an emergency service, and a volunteer 13 emergency service. 14 "Emergency situation, incident or event." A disaster; 15 hazardous materials incident; fire; industrial or private 16 security or fire alarm systems; industrial accidents; auto 17 accidents; medical emergencies; nonemergency calls for medical 18 assistance; or to any other situation, incident or event that 19 does or may present a potential danger and/or threat to the 20 health and safety of members of the public. 21 "False alarm." A willfully fraudulent and intentional 22 transmission or request for a response by a volunteer emergency 23 services organization where the person making the transmission 24 or request knows there is no need for the transmission or 25 request. A person transmitting or requesting a response by a 26 volunteer emergency services organization who perceives or feels 27 there could be or may be a need for the transmission or request 28 shall not be considered to have transmitted or requested a 29 willfully fraudulent and intentional false alarm. 30 "Municipal emergency services department." A fire 20030H1137B1344 - 2 -
1 department, ambulance service or rescue squad established, 2 operated and funded by the municipality. 3 "Officially recognized dispatch." The dispatch of a 4 volunteer emergency services organization by an officially 5 recognized and approved emergency communication center or 6 response to a special call or request from the Pennsylvania 7 State Police or local police whether it comes through an 8 emergency communication center or not. A volunteer emergency 9 services organization that responds to a special call or request 10 from the Pennsylvania State Police or local police that has not 11 come through an officially recognized and approved emergency 12 communication center must be approved by an officially 13 recognized emergency communication center prior to responding to 14 the special call or request. Upon notification by a volunteer 15 emergency services organization of a request for dispatch, the 16 emergency communication center shall approve the response and 17 assign a dispatch number to the volunteer emergency services 18 organization and then contact the municipal emergency services 19 department, organization or person making the request to confirm 20 the request. 21 "Person." Includes a corporation, partnership, business 22 trust, other association, governmental entity other than the 23 Commonwealth, estate, trust, foundation or natural person. 24 "State-owned land." Land that is owned or leased by or under 25 the control of the Department of Conservation and Natural 26 Resources. 27 "Volunteer ambulance service." A nonprofit chartered 28 corporation, association or organization located in this 29 Commonwealth which is regularly engaged in the service of 30 providing emergency medical care and transportation of patients. 20030H1137B1344 - 3 -
1 "Volunteer emergency service organization." An organization 2 which is a volunteer fire company, volunteer ambulance service, 3 volunteer rescue squad or volunteer hazardous material response 4 team. 5 "Volunteer fire company." A nonprofit chartered 6 organization, association or organization located in this 7 Commonwealth which provides fire protection services, including 8 fire police services, and other volunteer emergency service 9 within this Commonwealth. Volunteer emergency service provided 10 by a volunteer fire company may include volunteer ambulance and 11 volunteer rescue service. 12 "Volunteer hazardous material response team." A nonprofit 13 chartered corporation, association or organization located in 14 this Commonwealth whose members are specially trained to respond 15 to accidents or situations where hazardous or toxic material are 16 released into the environment. 17 "Volunteer rescue squad." A nonprofit chartered corporation, 18 association or organization located in this Commonwealth which 19 provides rescue service in this Commonwealth. 20 Section 3. Reimbursement for emergency services responses. 21 (a) General rule.--The department shall pay to an emergency 22 services provider $225 for each time that the department 23 requests emergency services on State-owned land from the 24 emergency services provider and the emergency services provider 25 responds to the request. 26 (b) Procedures.--The department shall develop procedures by 27 which the department requests emergency services on State-owned 28 land from an emergency services provider and makes payment to 29 the emergency services provider as required by subsection (a). 30 (c) Payment.--The department shall reimburse an emergency 20030H1137B1344 - 4 -
1 services provider under this act by making payment as follows: 2 (1) to the volunteer emergency service organization that 3 responded; 4 (2) where a municipal emergency services department that 5 serves one municipality responded, to the municipality; or 6 (3) where a municipal emergency services department that 7 serves more than one municipality responded, directly to the 8 municipal emergency services department. 9 Section 4. Certain municipalities exempt. 10 This act shall not apply to an agreement for the provision of 11 emergency services entered into between the department and an 12 emergency services provider on or before the effective date of 13 this act. 14 Section 5. Effective date. 15 This act shall take effect in 60 days. C5L16MSP/20030H1137B1344 - 5 -