PRINTER'S NO. 76
No. 82 Session of 2005
INTRODUCED BY HANNA, BELARDI, BELFANTI, BUNT, CAPPELLI, CAUSER,
CURRY, DeWEESE, FABRIZIO, GEORGE, GOODMAN, JAMES, KOTIK,
MANN, McCALL, McNAUGHTON, S. MILLER, PISTELLA, SAINATO,
SHANER, SOLOBAY, STABACK, SURRA, WALKO, YOUNGBLOOD AND
FREEMAN, JANUARY 25, 2005
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, JANUARY 25, 2005
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
1 purpose is to receive emergency calls; to determine the
2 appropriate agency, equipment and/or vehicles required to
3 respond to these calls; and then to dispatch the appropriate
4 agency, equipment and/or emergency vehicle or vehicles to the
5 location of the emergency situation, incident or event.
6 "Emergency services provider." A municipal, public, private
7 or nonprofit service whose purpose is to respond to emergency
8 situations, incidents and events and provide emergency or
9 nonemergency assistance and service to the public. The term
10 includes, but is not limited to, a hazardous materials response
11 unit, fire service, ambulance, heavy and light rescue squad
12 unit, quick response unit and other related vehicle used in the
13 normal operation of an emergency service, and a volunteer
14 emergency service.
15 "Emergency situation, incident or event." A disaster;
16 hazardous materials incident; fire; industrial or private
17 security or fire alarm systems; industrial accidents; auto
18 accidents; medical emergencies; nonemergency calls for medical
19 assistance; or any other situation, incident or event that does
20 or may present a potential danger and/or threat to the health
21 and safety of members of the public.
22 "False alarm." A willfully fraudulent and intentional
23 transmission or request for a response by a volunteer emergency
24 services organization where the person making the transmission
25 or request knows there is no need for the transmission or
26 request. A person transmitting or requesting a response by a
27 volunteer emergency services organization who perceives or feels
28 there could be or may be a need for the transmission or request
29 shall not be considered to have transmitted or requested a
30 willfully fraudulent and intentional false alarm.
20050H0082B0076 - 2 -
1 "Municipal emergency services department." A fire
2 department, ambulance service or rescue squad established,
3 operated and funded by the municipality.
4 "Officially recognized dispatch." The dispatch of a
5 volunteer emergency services organization by an officially
6 recognized and approved emergency communication center or
7 response to a special call or request from the Pennsylvania
8 State Police or local police whether it comes through an
9 emergency communication center or not. A volunteer emergency
10 services organization that responds to a special call or request
11 from the Pennsylvania State Police or local police that has not
12 come through an officially recognized and approved emergency
13 communication center must be approved by an officially
14 recognized emergency communication center prior to responding to
15 the special call or request. Upon notification by a volunteer
16 emergency services organization of a request for dispatch, the
17 emergency communication center shall approve the response and
18 assign a dispatch number to the volunteer emergency services
19 organization and then contact the municipal emergency services
20 department, organization or person making the request to confirm
21 the request.
22 "Person." Includes a corporation, partnership, business
23 trust, other association, governmental entity other than the
24 Commonwealth, estate, trust, foundation or natural person.
25 "State-owned land." Land that is owned or leased by or under
26 the control of the Department of Conservation and Natural
27 Resources.
28 "Volunteer ambulance service." A nonprofit chartered
29 corporation, association or organization located in this
30 Commonwealth which is regularly engaged in the service of
20050H0082B0076 - 3 -
1 providing emergency medical care and transportation of patients.
2 "Volunteer emergency service organization." An organization
3 which is a volunteer fire company, volunteer ambulance service,
4 volunteer rescue squad or volunteer hazardous material response
5 team.
6 "Volunteer fire company." A nonprofit chartered
7 organization, association or organization located in this
8 Commonwealth which provides fire protection services, including
9 fire police services, and other volunteer emergency service
10 within this Commonwealth. Volunteer emergency service provided
11 by a volunteer fire company may include volunteer ambulance and
12 volunteer rescue service.
13 "Volunteer hazardous material response team." A nonprofit
14 chartered corporation, association or organization located in
15 this Commonwealth whose members are specially trained to respond
16 to accidents or situations where hazardous or toxic materials
17 are released into the environment.
18 "Volunteer rescue squad." A nonprofit chartered corporation,
19 association or organization located in this Commonwealth which
20 provides rescue service in this Commonwealth.
21 Section 3. Reimbursement for emergency services responses.
22 (a) General rule.--The department shall pay to an emergency
23 services provider $225 for each time that the department
24 requests emergency services on State-owned land from the
25 emergency services provider and the emergency services provider
26 responds to the request.
27 (b) Procedures.--The department shall develop procedures by
28 which the department requests emergency services on State-owned
29 land from an emergency services provider and makes payment to
30 the emergency services provider as required by subsection (a).
20050H0082B0076 - 4 -
1 (c) Payment.--The department shall reimburse an emergency
2 services provider under this act by making payment as follows:
3 (1) to the volunteer emergency service organization that
4 responded;
5 (2) where a municipal emergency services department that
6 serves one municipality responded, to the municipality; or
7 (3) where a municipal emergency services department that
8 serves more than one municipality responded, directly to the
9 municipal emergency services department.
10 Section 4. Certain municipalities exempt.
11 This act shall not apply to an agreement for the provision of
12 emergency services entered into between the department and an
13 emergency services provider on or before the effective date of
14 this act.
15 Section 5. Effective date.
16 This act shall take effect in 60 days.
L17L16SFL/20050H0082B0076 - 5 -