THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ERICKSON, EICHELBERGER, STOUT AND WOZNIAK, JUNE 5, 2009

REFERRED TO LABOR AND INDUSTRY, JUNE 5, 2009  

AN ACT

Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as

reenacted and amended, "An act defining the liability of an

employer to pay damages for injuries received by an employe

in the course of employment; establishing an elective

schedule of compensation; providing procedure for the

determination of liability and compensation thereunder; and

prescribing penalties," further providing for the definition

of "employe" and for the definition of "volunteer emergency

service provider."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 601(a) of the act of June 2, 1915

(P.L.736, No.338), known as the Workers' Compensation Act,

reenacted and amended June 21, 1939 (P.L.520, No.281), is

amended by adding a clause to read:

Section 601.  (a)  In addition to those persons included

within the definition of the word "employe" as defined in

section 104, "employe" shall also include:

* * *

(11)  All volunteer members of an emergency management team

of a county, city, borough, incorporated town or township, or

any combination of such municipalities. Volunteer members under

this paragraph are declared to be employes of such

municipalities for the purposes of this act and shall be

entitled to receive compensation in the case of injuries

received while actually engaged as a volunteer member of an

emergency management team at any emergency to which the

volunteer has been called or responded. Actual engagement as a

volunteer member of an emergency management team at any

emergency includes all of the following:

(i)  a response under 35 Pa.C.S. Ch. 73 Subch. C (relating to

intrastate mutual aid).

(ii)  travel from and the direct return to the volunteer's

home, place of business or other place where the volunteer shall

have been when the volunteer received the call or alarm or while

performing any other duties authorized by the municipality.

* * *

Section 2.  Section 602 of the act, added June 19, 2002

(P.L.419, No.60), is amended to read:

Section 602.  (a)  The following shall apply:

(1)  A municipality or an area of a municipality which

receives emergency services pursuant to a contract, standing

agreement or arrangement from a volunteer emergency service

provider located in a host municipality shall reimburse the host

municipality under the provisions of either clause (2) or (3).

(2)  Reimbursement under clause (1) shall be for a portion of

the cost of the workers' compensation premiums covering the

members of the volunteer emergency service provider. The

appropriate portion of the cost shall be determined as follows:

(i)  Determine the population ratio of the municipality or

the area of the municipality receiving emergency services to the

entire population (host municipality and the municipality or the

area of the municipality) receiving emergency services from the

volunteer emergency service provider. The following shall apply:

(A)  No segment of the population of the municipality or area

of the municipality receiving emergency services may be included

in more than one service area for purposes of calculating the

ratio under subclause (i).

(B)  If the first due area for fire protection services and

the first due area for emergency medical services differ within

a municipality or an area of a municipality receiving emergency

services, then the ratio under subclause (i) shall be calculated

using the first due area for fire protection services.

(ii)  Multiply the ratio under subclause (i) by the host

municipality's entire cost of the workers' compensation premium

for covering members of the volunteer emergency service

provider.

(3)  The host municipality and the municipality receiving the

emergency services may agree to share the cost on some other

basis.

(b)  As used in this section:

"Emergency services" shall mean any of the following:

(i)  Fire protection services.

(ii)  Ambulance services.

(iii)  Emergency medical services.

(iv)  Quick response services.

(v)  Emergency management services.

(vi)  Rescue and lifesaving services.

(vii)  Hazardous material support services.

(viii)  Certified hazardous materials response services.

"Host municipality" shall mean a municipality that is

responsible for workers' compensation premiums for an emergency

service provider located within its corporate boundaries.

"Volunteer emergency service provider" shall mean any of the

following:

(i)  A volunteer fire company.

(ii)  A volunteer ambulance corps.

(iii)  A volunteer quick response service.

(iv)  A volunteer rescue and lifesaving squad.

(v)  A volunteer hazardous materials support team.

(vi)  A volunteer certified municipal emergency management

coordinator.

(vii)  A volunteer hazardous materials response team.

(viii)  A volunteer emergency management team of a county,

city, borough, incorporated town or township, or any combination

of such municipalities.

Section 3.  This act shall take effect in 60 days.