PRINTER'S NO. 1243
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
916
Session of
2015
INTRODUCED BY HARPER, GINGRICH, ROSS, FREEMAN AND M. DALEY,
APRIL 16, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 16, 2015
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," in additional coverages, further
providing for definitions and for reimbursement.
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) The volunteer members of an emergency management team
of a county, city, borough, incorporated town or township, or a
combination of the municipalities. Volunteer members under this
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clause 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 an emergency includes 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 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
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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
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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 a combination
of the municipalities.
Section 3. This act shall take effect in 60 days.
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