THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DALLY, BEYER, BOYD, BRENNAN, CLYMER, CREIGHTON, EVERETT, GOODMAN, GROVE, GRUCELA, HARPER, HENNESSEY, HESS, HUTCHINSON, M. KELLER, KILLION, MILLER, MILNE, MYERS, O'NEILL, READSHAW, SCAVELLO, SIPTROTH, SOLOBAY, J. TAYLOR, KORTZ AND GINGRICH, FEBRUARY 27, 2009

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 27, 2009  

AN ACT

Providing for certain emergency services reimbursements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Volunteer

Emergency Services Reimbursement Act.

Section 2.  Legislative findings and declaration.

(a)  Findings enumerated.--The General Assembly finds as

follows:

(1)  Volunteer emergency services organizations are

experiencing ever-increasing financial burdens.

(2)  The increasing financial burdens and costs are

having an adverse and seriously negative impact upon

maintaining and providing adequate emergency services

response capabilities for communities across this

Commonwealth.

(3)  Volunteer emergency services organizations can no

longer realistically afford or be expected to exist and

provide services at a financial loss.

(b)  Declaration.--The General Assembly declares as follows:

(1)  It is vital to establish for our volunteer emergency

services providers a mechanism and process whereby they can

be reimbursed financially for real and reasonable expenses

related to responding to emergency situations, incidents or

events.

(2)  Such a process and mechanism should be self-

supporting.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Emergency communication center."  An officially recognized

and approved Federal, State, county or municipal operation whose

purpose is to receive emergency calls, to determine the

appropriate agency, equipment and vehicles required to respond

to these calls and then to dispatch the appropriate agency,

equipment and emergency vehicle or vehicles to the location of

the emergency situation, incident or event.

"Emergency situation, incident or event."  A disaster;

hazardous materials incident; fire; industrial or private

security or fire alarm systems incident; industrial accident;

auto accident; medical emergency; nonemergency call for medical

assistance; or any other situation, incident or event that does

or may present a potential danger and threat to the health and

safety of members of the public.

"Officially recognized dispatch."  The dispatch of a

volunteer emergency services organization by an officially

recognized and approved emergency communication center or

response to a special call or request from the Pennsylvania

State Police or local police whether it comes through an

emergency communication center or not. A volunteer emergency

services organization that responds to a special call or request

from the Pennsylvania State Police or local police that has not

come through an officially recognized and approved emergency

communication center prior to the special call or request. Upon

notification by a volunteer emergency services organization of a

request for dispatch, the emergency communication center shall

approve the response and assign a dispatch number to the

volunteer emergency services organization and then contact the

municipal emergency services department, organization or person

making the request to confirm the request.

"Person."  The term includes a corporation, partnership,

business trust, other association, governmental entity other

than the Commonwealth, estate, trust, foundation or natural

person.

"Volunteer ambulance service."  A nonprofit chartered

corporation, association or organization located in this

Commonwealth which is regularly engaged in the service of

providing emergency medical care and transportation of patients.

"Volunteer emergency services organization."  An organization

which is a volunteer fire company, volunteer ambulance service,

volunteer rescue squad or volunteer hazardous material response

team.

"Volunteer fire company."  A nonprofit chartered

organization, association or organization located in this

Commonwealth which provides fire protection services, including

fire police services and other volunteer emergency services

within this Commonwealth. Volunteer emergency services provided

by a volunteer fire company may include volunteer ambulance and

volunteer rescue service.

Section 4.  Requirement to pay for response to emergencies.

A person involved in an emergency situation, incident or

event that necessitates a response from a volunteer emergency

services organization shall be liable for the actual and

reasonable response costs incurred by the volunteer emergency

services organization unless the person:

(1)  has paid to the municipality wherein the volunteer

emergency services organization is located, a tax which funds

at least in part volunteer emergency services; or

(2)  has made a monetary contribution to an annual fund

drive of an emergency services organization recognized by the

resident's municipality within the preceding 12 months from

the date of the emergency situation, incident or event that

necessitates a response from a volunteer emergency services

organization.

Section 5.  Establishment of reimbursement procedures.

(a)  Billing.--Volunteer emergency services organizations may

bill for real and reasonable reimbursement for costs related to

responding to calls dispatched by an officially recognized and

approved emergency communication center.

(b)  Reimbursement.--When a person receives a bill for

reimbursement from a volunteer emergency services organization,

the person shall be responsible for payment. If the person is

forwarding the bill for reimbursement to an insurance company,

the person must notify the volunteer emergency services

organization from which the bill for reimbursement was received.

Forwarding the bill for reimbursement to an insurance company

does not relieve the person from financial responsibility for

payment.

(c)  Legal process.--If negotiations to recover response

costs do not resolve the dispute to the satisfaction of the

parties involved, the volunteer emergency services organization

may recover its response costs in an action at law or in equity

brought before a court of competent jurisdiction. Should more

than one volunteer emergency services organization incur

response costs for the same emergency situation, incident or

event, the volunteer emergency services organizations involved

may file a joint action at law or in equity and may designate

one such organization to represent the others in the action.

Section 6.  Rules and regulations.

The rules and regulations necessary for the implementation of

this act shall be established as follows:

(1)  The Office of the State Fire Commissioner, in

consultation with the Fire Safety Advisory Committee

established under the act of November 13, 1995 (P.L.604, No.

61), known as the State Fire Commissioner Act, shall

promulgate rules and regulations pertaining to reimbursing

volunteer fire companies.

(2)  The Department of Health, in consultation with the

Pennsylvania Emergency Health Services Council, shall

promulgate rules and regulations under this act pertaining to

reimbursing volunteer ambulance services.

Section 7.  Penalties.

A volunteer emergency services organization filing a false

request for reimbursement commits a summary offense and, upon

conviction, shall be sentenced to pay a fine of not more than

$100 for each false request.

Section 8.  Effective date.

This act shall take effect in 180 days.