Regular Session 2019-2020 House Bill 1869 P.N. 3582

SENATE AMENDED

PRIOR PRINTER'S NOS. 2566, 2782, 3537,

3569

PRINTER'S NO. 3582

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1869

Session of

2019

INTRODUCED BY OWLETT, BARRAR, CAUSER, PICKETT, SCHMITT, GROVE,

GABLER, POLINCHOCK, ROAE, STRUZZI, CALTAGIRONE, FRITZ,

WHEELAND, ZIMMERMAN, BERNSTINE, HERSHEY, RAPP, WEBSTER, KORTZ

AND GILLEN, SEPTEMBER 23, 2019

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 20, 2020

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, PROVIDING FOR COVID-19 ENFORCEMENT

OFFICER DISABILITY BENEFITS AND FOR COVID-19 BENEFITS FOR

MEMBERS OF PENNSYLVANIA NATIONAL GUARD; AND, in emergency

medical services system, further providing for basic life

support ambulances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 8133 of Title 35 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED BY ADDING CHAPTERS TO READ:

CHAPTER 57

COVID-19 ENFORCEMENT OFFICER DISABILITY BENEFITS

SEC.

5701. SCOPE OF CHAPTER.

5702. ENFORCEMENT OFFICER DISABILITY BENEFITS.

§ 5701. SCOPE OF CHAPTER.

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THIS CHAPTER RELATES TO ENFORCEMENT OFFICER DISABILITY

BENEFITS RELATING TO COVID-19.

§ 5702. ENFORCEMENT OFFICER DISABILITY BENEFITS.

(A) GENERAL RULE.--A PERSON COVERED UNDER SECTION 1(A) OF

THE ACT OF JUNE 28, 1935 (P.L.477, NO.193), REFERRED TO AS THE

ENFORCEMENT OFFICER DISABILITY BENEFITS LAW, WHO CONTRACTS OR IS

DIAGNOSED WITH CORONAVIRUS DISEASE 2019 (COVID-19), AS

IDENTIFIED IN THE PROCLAMATION OF DISASTER EMERGENCY ISSUED BY

THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH

21, 2020), OR IS SUBJECT TO QUARANTINE RESULTING FROM EXPOSURE

TO COVID-19, AND BY REASON THEREOF IS TEMPORARILY INCAPACITATED

FROM PERFORMING HIS DUTIES, SHALL BE COMPENSATED IN ACCORDANCE

WITH SECTION 1(A) OF THE THE ENFORCEMENT OFFICER DISABILITY

BENEFITS LAW.

(B) LIMITATION.--A BENEFIT RECEIVED UNDER SUBSECTION (A)

SHALL BE LIMITED TO 60 DAYS FOR EACH INCIDENT.

CHAPTER 58

COVID-19 BENEFITS FOR MEMBERS OF

PENNSYLVANIA NATIONAL GUARD

SEC.

5801. SCOPE OF CHAPTER.

5802. BENEFIT.

§ 5801. SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO COVID-19 BENEFITS FOR MEMBERS OF THE

PENNSYLVANIA NATIONAL GUARD.

§ 5802. BENEFIT.

(A) BENEFIT.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A

MEMBER OF THE PENNSYLVANIA NATIONAL GUARD SHALL RECEIVE FROM THE

DEPARTMENT A BENEFIT COMPUTED UNDER SUBSECTION (B)(2) IF THE

MEMBER:

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(1) IS ORDERED TO STATE ACTIVE DUTY FOR EMERGENCY OR

SPECIAL STATE DUTY BY THE ADJUTANT GENERAL OR BY THE

GOVERNOR; AND

(2) SUSTAINS AN INJURY WHILE PARTICIPATING IN DUTY UNDER

PARAGRAPH (1) FROM THE PERIOD OF NOTIFICATION TO REPORT FOR

DUTY UNTIL OFFICIALLY RELEASED.

(B) CLAIM SUBMISSION, CALCULATION AND FUNDING.--

(1) A MEMBER OF THE PENNSYLVANIA NATIONAL GUARD WHO

SUSTAINS AN INJURY AND IS NOT COMPENSATED FOR THE INJURY BY

THE FEDERAL GOVERNMENT, MUST SUBMIT A CLAIM TO RECEIVE THE

BENEFIT AS PRESCRIBED BY THE ADJUTANT GENERAL.

(2) FOR PURPOSES OF COMPUTING THE AVERAGE WEEKLY WAGE OF

A MEMBER OF THE PENNSYLVANIA NATIONAL GUARD OR DEPENDENT

THEREOF, WEEKLY WAGES SHALL BE CALCULATED USING THE DAILY

BASE PAY TABLE UNDER 37 U.S.C (RELATING TO PAY AND ALLOWANCES

OF THE UNIFORMED SERVICES) TO DETERMINE THE PENNSYLVANIA

NATIONAL GUARD MEMBER'S DAILY WAGE AT THE TIME OF THE INJURY.

THE AVERAGE WEEKLY WAGE SHALL EQUAL THE MEMBER'S DAILY BASE

PAY MULTIPLIED BY FIVE.

(3) A BENEFIT RECEIVED UNDER THIS SECTION SHALL BE

LIMITED TO 60 DAYS FOR EACH INCIDENT.

(4) THE GENERAL ASSEMBLY SHALL APPROPRIATE THE MONEY

NECESSARY TO BE DEPOSITED INTO A NONLAPSING RESTRICTED

INTEREST-BEARING ACCOUNT TO PROVIDE FOR THE BENEFIT

ESTABLISHED IN SUBSECTION (A).

MEMBER OF THE PENNSYLVANIA NATIONAL GUARD WHILE PERFORMING THE

ACTIVITIES DESCRIBED IN SUBSECTION (A) BE DEEMED AN EMPLOYEE OF

THE COMMONWEALTH FOR ANY PURPOSE OR BENEFIT. NOTHING IN THIS

SECTION SHALL BE CONSTRUED TO ENTITLE A MEMBER OF THE

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PENNSYLVANIA NATIONAL GUARD TO ANY BENEFIT OR EMOLUMENT PROVIDED

TO AN EMPLOYEE OF THE COMMONWEALTH.

(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"DEPARTMENT." THE DEPARTMENT OF MILITARY AND VETERANS

AFFAIRS OF THE COMMONWEALTH.

"INJURY." CONTRACTS OR IS DIAGNOSED WITH CORONAVIRUS DISEASE

2019, KNOWN AS COVID-19, AS IDENTIFIED IN THE PROCLAMATION OF

DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020,

PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020), OR IS SUBJECT TO

QUARANTINE RESULTING FROM EXPOSURE TO COVID-19, AND, BY REASON

OF THE EXPOSURE, IS TEMPORARILY INCAPACITATED FROM PERFORMING

DUTIES.

"PARTICIPATING." THE TERM INCLUDES ACTIVITIES ORDERED BY THE

ADJUTANT GENERAL OR BY THE GOVERNOR SUCH AS TRAINING, AN

EXERCISE OR RELATED OFFICIAL FUNCTIONS.

"SPECIAL STATE DUTY." STATE MILITARY DUTY BY THE

PENNSYLVANIA NATIONAL GUARD UNDER THIS SECTION. THE TERM SHALL

NOT INCLUDE STATE ACTIVE DUTY FOR EMERGENCY UNDER THIS SECTION

OR DUTY AUTHORIZED AND FUNDED UNDER 10 U.S.C. OR 32 U.S.C.

"STATE ACTIVE DUTY FOR EMERGENCY." STATE MILITARY DUTY BY

THE PENNSYLVANIA NATIONAL GUARD UNDER 51 PA.C.S. § 508 (RELATING

TO ACTIVE DUTY FOR EMERGENCY) THAT IS NOT ACTIVE DUTY AUTHORIZED

AND FUNDED UNDER 10 U.S.C. (RELATING TO ARMED FORCES) OR 32

U.S.C. (RELATING TO NATIONAL GUARD).

SECTION 2. SECTION 8133 OF TITLE 35 IS AMENDED BY ADDING A

SUBSECTION TO READ:

§ 8133. Basic life support ambulances.

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requirements under subsection (b)(2) may be waived or adjusted

for counties of the fifth, sixth, seventh and eighth classes at

(1) THE STAFFING REQUIREMENTS UNDER SUBSECTION (B)(2)

MAY BE WAIVED OR ADJUSTED AT the department's discretion. The

department shall permit an EMS agency to file for a waiver or

exception from the staffing requirements under this

subsection for extraordinary reasons as determined by the

department on a case-by-case basis and in the best interest

of the EMS system and patient care.

(2) THIS SUBSECTION SHALL EXPIRE THREE YEARS FROM THE

DATE OF ENACTMENT OF THIS SUBSECTION.

Section 2 3. This act shall take effect in 60 days.

SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE ADDITION OF 35 PA.C.S. § 8133(C) SHALL TAKE

EFFECT IN 60 DAYS.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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